STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2966	By:	Thomsen

AS INTRODUCED

An Act relating to public safety; amending 22 O.S. 2011, Section 196, which relates to warrantless arrest procedures; modifying circumstance that allows for a warrantless arrest; updating statutory reference; amending 47 O.S. 2011, Sections 1-142 and 1-168, which relate to definitions; expanding scope of certain definitions; amending 47 O.S. 2011, Section 2-106, which relates to the Driver License Examining Division of the Department of Public Safety; changing name of division; stating the service position of division director; modifying salary requirements for Driver License Examining Division employees; amending 47 O.S. 2011, Sections 6-111, 6-205 and 6-209, which relate to the issuance and cancellation of driver licenses; updating statutory references; clarifying circumstances that require mandatory revocation; providing for the surrender of driver licenses under certain circumstances; amending 47 O.S. 2011, Section 7-503, which relates to self-insurers of motor vehicles; clarifying procedures for the issuance of self-insurance certificates; amending 47 O.S. 2011, Sections 7-602, 7-602.1, 7-603, 7-605 and 7-606, which relate to compulsory liability insurance; clarifying purpose of security verification form requirement; authorizing use of Insurance Commissioner records for insurance verification purposes; deleting property interest statement relating to driver licenses; amending 47 O.S. 2011, Sections 14-109, 14-116 and 14-120.2, which relate to size, weight and loads of vehicles; providing statutory reference to certain federal weight formulas; deleting vehicle weight table; stating fee for certain permit cancellation or revision requests; updating statutory reference; stating entity that will provide superload escort services; defining term; providing fee amount; amending 47 O.S. 2011, Section 40-102, which relates to traffic collision reports; expanding list of persons who may request collision reports; amending 47 O.S. 2011, Sections 751 and 754, which relate to complied consent tests and surrender of driver licenses; modifying circumstances that require consent to test blood or breath for alcohol concentration; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 196, is amended to read as follows:
Section 196.  A peace officer may, without a warrant, arrest a person:
1.  For a public offense, committed or attempted in the officer's presence;
2.  When the person arrested has committed a felony, although not in the officer's presence;
3.  When a felony has in fact been committed, and the officer has reasonable cause to believe the person arrested to have committed it;
4.  On a charge, made upon reasonable cause, of the commission of a felony by the party arrested;
5.  When the officer has probable cause to believe that the party was driving or in actual physical control of a motor vehicle involved in an accident upon the public highways, streets or turnpikes, upon a parking lot or other public place, or upon any private road, street, alley or lane which provides access to one or more single or multifamily dwellings, and was under the influence of alcohol or intoxicating liquor or who was under the influence of any substance included in the Uniform Controlled Dangerous Substances Act, Sections Section 2‑101 et seq. of Title 63 of the Oklahoma Statutes;
6.  Anywhere, including a place of residence of the person, if the peace officer has probable cause to believe the person within the preceding seventy-two (72) hours has committed an act of domestic abuse as defined by Section 60.1 of this title, although the assault did not take place in the presence of the peace officer.  A peace officer may not arrest a person pursuant to this section without first observing a recent physical injury to, or an impairment of the physical condition of, the alleged victim;
7.  When a peace officer, in accordance with the provisions of Section 60.9 of this title, is acting on a violation of a protective order offense; or
8.  When the officer has probable cause to believe that the person has threatened another person as defined in subsection B of Section 14 1378 of this act Title 21 of the Oklahoma Statutes.
SECTION 2.     AMENDATORY     47 O.S. 2011, Section 1-142, is amended to read as follows:
Section 1-142.  (a) A.  Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
(b) B.  A public parking lot is any parking lot on right‑of‑way dedicated to which the general public has access or use or which is owned by the state or a political subdivision thereof.
SECTION 3.     AMENDATORY     47 O.S. 2011, Section 1-168, is amended to read as follows:
Section 1-168.  A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada.  In addition, “state” shall include Indian country as defined in Section 1151 of Title 18 of the United States Code, for the purposes of recording and reporting convictions and collisions on the driving record of a person, as required by Section 6-117 of this title and for the purposes of suspension, revocation or disqualification of the driving privileges of a person, as provided for in this title.
SECTION 4.     AMENDATORY     47 O.S. 2011, Section 2-106, is amended to read as follows:
Section 2-106.  A.  There is hereby established in the Department of Public Safety the Driver License Examining Division and the Driver Compliance Division and such other divisions as the Commissioner of Public Safety may direct.
B.  The Driver License Examining Division shall consist of noncommissioned classified employees of the Department who may administer tests for the purpose of issuing driver licenses pursuant to Chapter 6 of this title; provided, the position of division director of the Division shall be in the unclassified service.
C.  Any employee appointed to the position of Driver License Examiner shall be not less than twenty‑one (21) nor more than sixty‑five (65) years of age and any person appointed to the position of Senior Driver License Examiner shall have held the position of Driver License Examiner with the Department for not less than three (3) years immediately preceding such appointment.
D.  1.  Any person appointed to any position created pursuant to this section shall:
a.	be a citizen of the State of Oklahoma,
b.	be of good moral character,
c.	possess a high school diploma or General Educational Development equivalency certificate, and
d.	meet physical and mental standards as the Commissioner may prescribe.  The scope of the physical and mental examinations for persons appointed as a Driver License Examiner or Senior Driver License Examiner shall be as prescribed by the Commissioner.
2.  Any person appointed to the position of Driver License Examiner shall be required to complete satisfactorily a course of training as prescribed by the Commissioner.
E.  Drunkenness, being under the influence of an intoxicating substance or any conduct not becoming an officer or public employee shall be sufficient grounds for the removal of any employee appointed pursuant to this section.
F.  Effective January 1, 2007 July 1, 2012, the annual salaries of the following employees of the Driver License Examining Division of the Department of Public Safety shall be in accordance with the following salary schedule Office of Personnel Management job family descriptors and salary bands, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes:
1.  Driver License Examiner	$34,023.00;
2.  Senior Driver License Examiner	$40,686.00;
3.  Administrative Programs Officer I	$37,202.00;
4.  Administrative Programs Officer II	$43,308.00; and
5.  Training Specialist	$40,686.00.
Provided, however, no such employee shall receive less than the salary the employee was receiving on December 31, 2006 June 30, 2012.
SECTION 5.     AMENDATORY     47 O.S. 2011, Section 6-111, is amended to read as follows:
Section 6-111.  A.  1.  The Department of Public Safety shall, upon payment of the required fee, issue to every applicant qualifying therefor a Class A, B, C or D driver license or identification card as applied for, which license or card shall bear thereon a distinguishing alphanumeric identification assigned to the licensee or cardholder, date of issuance and date of expiration of the license or card, the full name, signature or computerized signature, date of birth, residence address, sex, a color photograph or computerized image of the licensee or cardholder and security features as determined by the Department.  The photograph or image shall depict a full front unobstructed view of the entire face of the licensee or cardholder.  When any person is issued both a driver license and an identification card, the Department shall ensure the information on both the license and the card are the same, unless otherwise provided by law.
2.  A driver license or identification card issued by the Department on or after March 1, 2004, shall bear thereon the county of residence of the licensee or cardholder.
3.  The Department may cancel the distinguishing number, when that distinguishing number is another person's Social Security number, assign a new distinguishing alphanumeric identification, and issue a new license or identification card without charge to the licensee or cardholder.
4.  The Department may promulgate rules for inclusion of the height and a brief description of the licensee or cardholder on the face of the card or license identifying the licensee or cardholder as deaf or hard-of-hearing.
5.  It is unlawful for any person to apply, adhere, or otherwise attach to a driver license or identification card any decal, sticker, label, or other attachment.  Any law enforcement officer is authorized to remove and dispose of any unlawful decal, sticker, label, or other attachment from the driver license of a person.  The law enforcement officer, the employing agency of the officer, the Department of Public Safety, and the State of Oklahoma shall be immune from any liability for any loss suffered by the licensee, cardholder, or the owner of the decal, sticker, label, or other attachment caused by the removal and destruction of the decal, sticker, label, or other attachment.
6.  The Department of Public Safety shall develop by rule an alternative procedure whereby a person applying for a renewal or replacement Class D license or identification card, when the person satisfactorily demonstrates to the Department the inability to appear personally to be photographed because the person is not in the state at the time of renewal or at a time a replacement is required by the person, may be issued a license or card; provided, immediately upon returning to Oklahoma, the person shall obtain a replacement license or card as provided in Section 6-114 of this title.
B.  The Department may issue a temporary permit to an applicant for a driver license permitting such applicant to operate a motor vehicle while the Department is completing its investigation and determination of all facts relative to such applicant's privilege to receive a license.  Such permit must be in the immediate possession of the driver while operating a motor vehicle, and it shall be invalid when the applicant's driver license has been issued or for good cause has been refused.
C.  1.  The Department may issue a restricted commercial driver license to seasonal drivers eighteen (18) years of age or older for any of the following specific farm-related service industries:
a.	farm retail outlets and suppliers,
b.	agri-chemical businesses,
c.	custom harvesters, and
d.	livestock feeders.
The applicant shall hold a valid Oklahoma driver license and shall meet all the requirements for a commercial driver license.  The restricted commercial driver license shall not exceed a total of one hundred eighty (180) days within any twelve-month period.
2.  The restricted commercial driver license shall not be valid for operators of commercial motor vehicles beyond one hundred fifty (150) miles from the place of business or the farm currently being served.  Such license shall be limited to Class B vehicles.  Holders of such licenses who transport hazardous materials which are required to be placarded shall be limited to the following:
a.	diesel fuel in quantities of one thousand (1,000) gallons or less,
b.	liquid fertilizers in vehicles with total capacities of three thousand (3,000) gallons or less, and
c.	solid fertilizers that are not mixed with any organic substance.
No other placarded hazardous materials shall be transported by holders of such licenses.
D.  1.  The Department shall develop a procedure whereby a person applying for an original, renewal or replacement Class A, B, C or D driver license or identification card who is required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act and who the Department of Corrections designates as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes shall be issued a license or card bearing the words "Sex Offender".
2.  The Department shall notify every person subject to registration under the provisions of Section 1-101 et seq. of this title who holds a current Class A, B, C or D driver license or identification card that such person is required to surrender the license or card to the Department within one hundred eighty (180) days from the date of the notice.
3.  Upon surrendering the license or card for the reason set forth in this subsection, application may be made with the Department for a replacement license or card bearing the words "Sex Offender".
4.  Failure to comply with the requirements set forth in such notice shall result in cancellation of the person’s license or card.  Such cancellation shall be in effect for one (1) year, after which time the person may make application with the Department for a new license or card bearing the words "Sex Offender".  Continued use of a canceled license or card shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00).  When an individual is no longer required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act, the individual shall be eligible to receive a driver license or identification card which does not bear the words "Sex Offender".
E.  Nothing in subsection D of this section shall be deemed to impose any liability upon or give rise to a cause of action against any employee, agent or official of the Department of Corrections for failing to designate a sex offender as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes.
F.  The Department shall develop a procedure whereby a person subject to an order for the installation of an ignition interlock device shall be required by the Department to submit their driver license for a replacement.  The replacement driver license shall bear the words “Interlock Required” and such designation shall remain on the driver license for the duration of the order requiring the ignition interlock device.  The replacement license shall be subject to the same expiration and renewal procedures provided by law.  Upon completion of the requirements for the interlock device, a person may apply for a replacement driver license.
G.  The Department shall develop a procedure whereby a person applying for an original, renewal or replacement Class D driver license who has been granted modified driving privileges under this title shall be issued a Class D driver license which identifies the license as a modified license.
SECTION 6.     AMENDATORY     47 O.S. 2011, Section 6-205, is amended to read as follows:
Section 6-205.  A.  The Department of Public Safety shall immediately revoke the driving privilege of any person, whether adult or juvenile, upon receiving a record of conviction in any municipal, state or federal court within the United States of any of the following offenses, when such conviction has become final:
1.  Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
2.  Driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, any violation of paragraph 1, 2, 3 or 4 of subsection A of Section 11-902 of this title or any violation of Section 11-906.4 of this title.  However, the Department shall not additionally revoke the driving privileges of the person pursuant to this subsection if the driving privilege of the person has been revoked because of a test result or test refusal pursuant to Section 753 or 754 of this title arising from the same circumstances which resulted in the conviction unless the revocation because of a test result or test refusal is set aside;
3.  Any felony during the commission of which a motor vehicle is used;
4.  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
5.  Perjury or the making of a false affidavit or statement under oath to the Department under the Uniform Vehicle Code or under any other law relating to the ownership or operation of motor vehicles;
6.  A misdemeanor or felony conviction for unlawfully possessing, distributing, dispensing, manufacturing, trafficking,  cultivating, selling, transferring, attempting or conspiring to possess, distribute, dispense, manufacture, traffic, sell, or transfer of a controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act while using a motor vehicle;
7.  Failure to pay for gasoline pumped into a vehicle pursuant to Section 1740 of Title 21 of the Oklahoma Statutes; 
8.  A misdemeanor conviction for a violation of Section 1465 of Title 21 of the Oklahoma Statutes; 
9.  A misdemeanor conviction for a violation of Section 609 of Title 37 of the Oklahoma Statutes;
10.  Reckless driving without regard for the safety of others pursuant to or any violation of Section 11-901 of this title;
11.  Failure to obey a traffic control device as provided in Section 11-202 of this title, or as provided in an equivalent municipal ordinance or an equivalent law from any state, or failure to obey a stop sign when such failure results in great bodily injury to any other person; or
12.  Failure to stop or to remain stopped for school bus loading or unloading of children pursuant to or any violation of Section 11-705 or 11-705.1 of this title.
B.  The first license revocation under any provision of this section, except for paragraph 2, 6, or 7 of subsection A of this section, shall be for a period of one (1) year.  Such period shall not be modified.
C.  A license revocation under any provision of this section, except for paragraph 2, 6, or 7 of subsection A of this section, shall be for a period of three (3) years if a prior revocation under this section, except under paragraph 2 of subsection A of this section, commenced within the preceding five-year period as shown by the records of the Department.  Such period shall not be modified.
D.  The period of license revocation under paragraph 2 or 6 of subsection A of this section shall be governed by the provisions of Section 6-205.1 of this title.
E.  The first license revocation under paragraph 7 of subsection A of this section shall be for a period of six (6) months.  A second or subsequent license revocation under paragraph 7 of subsection A of this section shall be for a period of one (1) year.  Such periods shall not be modified.
F.  As used in this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
SECTION 7.     AMENDATORY     47 O.S. 2011, Section 6-209, is amended to read as follows:
Section 6-209.  A.  The Department of Public Safety upon canceling or denying a person's driver license or upon suspending or revoking a person's driving privilege shall require that such person's license be surrendered to the Department.  Such No person shall have a property interest in a driver license issued pursuant to the laws of this state and it shall be the duty of every person whose driving privilege has been canceled, denied, suspended or revoked to forthwith surrender his or her driver license upon the request of any law enforcement officer or representative of the Department.  Any driver license so surrendered, unless said driver license has expired, shall be returned to the licensee, destroyed by the Department.  The licensee may, when statutory requirements for reinstatement or for issuance of a driver license are met in accordance with Oklahoma Statutes, apply to the Department for reinstatement or for licensing; provided the Department has determined that the licensee is a person not prohibited from holding a driver license under Section 6‑103 of this title, and has successfully completed the customary written, physical and driving tests, if such tests are required.
B.  The Department, upon entering an order canceling or denying a driver license or suspending or revoking a person's driving privilege, shall forward a copy of said order to the licensee pursuant to the provisions of Section 2‑116 of this title and request the immediate return of the license to the Department of Public Safety, Oklahoma City, Oklahoma, or the order may be served upon the licensee by an authorized member of the Department.  Failure to comply with the order of the Department shall constitute a misdemeanor, and upon conviction thereof such person so convicted shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).
C.  Any peace officer of this state may seize the license of any person who, according to Department records, is under suspension, cancellation, revocation or denial under the provisions of this title.  The officer shall immediately forward the license to the Department of Public Safety, Oklahoma City, Oklahoma.
SECTION 8.     AMENDATORY     47 O.S. 2011, Section 7-503, is amended to read as follows:
Section 7-503.  (a) A.  Any person in whose name more than twenty‑five vehicles are registered in this state may qualify as a self‑insurer by obtaining a certificate of self‑insurance issued by the Department Insurance Commissioner as provided in subsection (b) B of this section.
(b) B.  The Department Insurance Commissioner may, in its his or her discretion, upon the application of such a person described in subsection A of this section, issue a certificate of self‑insurance when it is satisfied that such the person is possessed and will continue to be possessed of ability to pay judgment obtained against such person. Such The certificate of self-insurance may be issued authorizing a person to act as a self‑insurer for either property damage or bodily injury, or both the purpose of complying with this chapter.
(c) C.  Upon not less than five (5) days' days of notice and a hearing pursuant to such notice, the Department Insurance Commissioner may upon reasonable grounds cancel a certificate of self‑insurance.  Failure to pay any judgment within thirty (30) days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self‑insurance.
SECTION 9.     AMENDATORY     47 O.S. 2011, Section 7-602, is amended to read as follows:
Section 7-602.  A.  1.  The owner of a motor vehicle registered in this state shall carry in the vehicle at all times a current owner's security verification form listing the vehicle or an equivalent form which has been issued by the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance, and the operator of the vehicle shall produce the form upon request for inspection by any law enforcement officer or representative of the Department and, in case of an accident, the form shall be shown upon request to any person affected by the accident.
2.  a.	Every person registering a motor vehicle in this state, except a motor vehicle which is not being used upon the public highways or public streets, or a manufactured home while on a permanent foundation, at the time of registration of the vehicle, shall certify the existence of security with respect to the vehicle by surrendering to a motor license agent or other registering agency a current owner’s security verification form from an insurance carrier authorized to do business in this state or an equivalent form issued by the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance.  A motor license agent or other registering agency shall require the surrender of the form prior to processing an application for registration or renewal.
b.	Every motor license agent or other registering agency shall use the online verification system to certify the existence of security with respect to the vehicle from an insurance carrier authorized to do business in this state unless the online verification system is not online or the required information is otherwise not available.  In such a case, the license agent or other registering agency may accept verification as provided in subparagraph a of this paragraph to certify the existence of the required insurance prior to processing any application for motor vehicle registration.
3.  Fleet vehicles operating under the authority of the Corporation Commission, the Federal Highway Administration, or vehicles registered pursuant to the provisions of Section 1120 of this title, shall certify the existence of security with respect to each vehicle at the time of registration by submitting one of the following:
a.	a current owner's security verification form verifying the existence of security as required by the Compulsory Insurance Law, or
b.	a permit number verified by the Corporation Commission indicating the existence of a current liability insurance policy.  Provided, in the event the Corporation Commission is unable to verify the existence of insurance as provided herein in a prompt and timely fashion, the Corporation Commission may accept a current single state registration form issued by the Corporation Commission or any other regulating entity with which the Corporation Commission has entered into a reciprocal compact or agreement regarding the regulation of motor vehicles engaged in interstate or foreign commerce upon and over the public highways.
4.  The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance during operation of the vehicle and shall not be required to surrender a security verification form for vehicle registration purposes:
a.	any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof,
b.	any vehicle bearing the name, symbol, or logo of a business, corporation or utility on the exterior and which is in compliance with the provisions of the Compulsory Insurance Law according to records of the Corporation Commission which reflect a deposit or fleet policy,
c.	fleet vehicles maintaining current vehicle liability insurance as required by the Corporation Commission or any other regulating entity,
d.	any licensed taxicab, and
e.	any vehicle owned by a licensed used motor vehicle dealer.
5.  Any person who knowingly issues or promulgates false or fraudulent information in connection with either an owner's or operator's security verification form or an equivalent form which has been issued by the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for not more than six (6) months, or by both such fine and imprisonment.
B.  Each motor license agent is authorized to charge a fee of One Dollar and fifty cents ($1.50) to each person to whom the agent issues a certificate of registration and who is required to surrender proof of financial responsibility, or for whom the motor license agent certifies the existence of financial responsibility through an authorized online certification system, pursuant to the provisions of the Compulsory Insurance Law.  The fee may be retained by the agent as compensation for services in processing the proof of financial responsibility and for processing the driver license information, insurance verification information, and other additional information furnished to the agent pursuant to Section 1112 of this title, if such agent does not receive the maximum compensation as authorized by law.
SECTION 10.     AMENDATORY     47 O.S. 2011, Section 7-602.1, is amended to read as follows:
Section 7-602.1  Every operator of a motor vehicle registered in this state shall, while operating or using such vehicle, carry either an operator's or an owner's security verification form issued by an insurance carrier or an equivalent form issued by the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance, reflecting liability coverage.  An owner's security verification form issued to the owner of a motor vehicle may be used as an operator's security verification form by an operator who is not the owner of the motor vehicle, if the operator is not excluded from coverage on the motor vehicle liability policy for the vehicle.  Any exclusions from the policy shall be included on the owner's security verification form.
SECTION 11.     AMENDATORY     47 O.S. 2011, Section 7-603, is amended to read as follows:
Section 7-603.  A.  From its own records, the Department of Public Safety may verify the existence of security made in the form of a deposit or of self-insurance for which a certification has been made to.  From the records of the Insurance Commissioner, the Department may verify the existence of security made in the form of self-insurance for which a certification has been made.
B.  The Department may at any time verify, using the online verification system provided for in Section 7-600.2 of this title, the existence of security certified to in policies issued by insurance companies.
SECTION 12.     AMENDATORY     47 O.S. 2011, Section 7-605, is amended to read as follows:
Section 7-605.  A.  1.  Whenever any person forfeits a bond, fails to appear, or is convicted in any state or municipal court for permitting the operation in this state of a motor vehicle owned by the person without the security required by this title, for operating a motor vehicle in this state without the security required by this title, or for failure to carry a security verification form, the Department of Public Safety shall suspend the driving privilege of the person.
2.  The suspension of the driving privilege shall remain in effect until payment is made of the fees provided for in Section 6-212 of this title and proof of security is furnished to the Department of Public Safety which complies with the requirements of the Compulsory Insurance Law; provided, for purposes of this section, proof of security shall not mean a binder policy but shall mean an owner’s policy or an operator’s policy, as defined in Section 7-600 of this title; provided further, a suspension for failure to appear shall remain in effect until proof of appearance is received by the Department from the reporting court.  Suspension under this section shall be effective when notice thereof is given pursuant to Section 2-116 of this title.
3.  Any person whose driving privilege has been suspended pursuant to the provisions of this subsection shall surrender to the Department his or her driver license.  Any person failing to voluntarily relinquish his or her driver license to the Department within thirty (30) days of receipt of the notice specified in paragraph 2 of this subsection shall pay a fee of Fifty Dollars ($50.00) in addition to the fees provided for in Section 6-212 of this title.
4.  If a person furnishes proof to the satisfaction of the Department that security was in effect at the time of the alleged offense, the Department shall vacate the suspension order and shall not require the filing of a certificate of insurance nor payment of either of the above fees.
B.  1.  When suspending the driving privilege for violation of the Compulsory Insurance Law, or for violation of a municipal ordinance requiring security or the carrying of a security verification form, the Department may rely upon court records which indicate that a person was either convicted or failed to appear upon the charge when the record is obtained from any court of competent jurisdiction which indicates one of the following:
a.	a conviction, or
b.	a notice of bond forfeiture.
2.  A court record is sufficient under paragraph 1 of this subsection which includes a statement such as "No Security Form", "No Insurance" or other term indicating lack of security.
3.  The Department may continue to rely on such records until proof is submitted from the issuing court clerk which indicates that the record either:
a.	was issued in error, or
b.	was not related to a violation of:
(1)	the Compulsory Insurance Law,
(2)	a security verification form as required by this article, or
(3)	a municipal ordinance requiring security or the carrying of a security verification form.
C.  If a nonresident's driving privilege is suspended pursuant to subsection A of this section, the Department shall transmit notice of the suspension to the licensing agency in the state in which the nonresident resides.
D.  Whenever any person’s driving privilege has been suspended pursuant to this section or Section 7-612 of this title, the Department may notify any law enforcement officer of the suspension.  Any law enforcement officer who has been notified that the driving privilege of a person has been suspended, upon observing the person or motor vehicle anywhere upon a public street, highway, roadway, turnpike, or public parking lot, shall stop the person or motor vehicle, seize the driver license of the person, seize the vehicle being operated by the person and cause the vehicle to be towed and stored as provided in subsection B of Section 955 of this title, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this state.
E.  No person shall have a property interest in a driver license issued pursuant to the laws of this state and it shall be the duty of every person whose driving privilege has been suspended to forthwith surrender his or her driver license upon the request of any law enforcement officer or representative of the Department.
F.  Any person upon a public street, highway, roadway, turnpike, or public parking lot, within this state, who willfully refuses to surrender possession of a driver license after being informed by a peace officer or representative of the Department that his or her driving privilege is currently under suspension according to the records of the Department, shall be guilty of a misdemeanor, punishable as provided in Section 17-101 of this title.
G. F.  Any driver license surrendered to or seized by a law enforcement officer pursuant to the Compulsory Insurance Law shall be submitted to a representative of the Department in a manner and with a form or method approved by the Department.
H. G.  The Department shall deposit fees collected pursuant to paragraph 3 of subsection A of this section or pursuant to subsection E of Section 7-612 of this title in a special account of the Department maintained with the office of the State Treasurer.  The State Treasurer shall credit these fees to this special account to be distributed as hereinafter provided.
I. H.  The Department shall identify the name of the employing law enforcement agency from which a suspended driver license has been received pursuant to this section, and determine that the fee required by paragraph 3 of subsection A of this section has been paid.  The Department shall reimburse the law enforcement agency so identified the sum of Twenty-five Dollars ($25.00) for each driver license from the special account.
J. I.  Any unencumbered monies remaining in the special account at the close of each calendar month shall be transferred by the Department to the General Revenue Fund of the State Treasury.
K. J.  The State of Oklahoma, the departments and agencies thereof, including the Department of Public Safety, all political subdivisions, and the officers and employees of each, shall not be held legally liable in any suit in law or in equity for any erroneous entry of a suspension upon the records of the Department, nor for the enforcement of the provisions of the Compulsory Insurance Law performed in good faith.
SECTION 13.     AMENDATORY     47 O.S. 2011, Section 7-606, is amended to read as follows:
Section 7-606.  A.  1.  An owner or operator who fails to comply with the Compulsory Insurance Law, or who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance upon request of any peace officer, representative of the Department of Public Safety or other authorized person, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than Two Hundred Fifty Dollars ($250.00), or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and in addition thereto, shall be subject to suspension of the driving privilege of the person in accordance with Section 7-605 of this title.  Upon issuing a citation under this paragraph, the law enforcement officer issuing the citation may seize the vehicle being operated by the person and cause the vehicle to be towed and stored as provided by subsection B of Section 955 of this title, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this state.  If the operator of the vehicle produces what appears to be a valid security verification form and the officer is unable to confirm compliance through the online verification system or noncompliance by a subsequent investigation, the officer shall be prohibited from seizing the vehicle and causing such vehicle to be towed and stored.  Further, no vehicle shall be seized and towed under the provisions of this paragraph if said vehicle is displaying a temporary license plate that has not expired pursuant to the provisions of Sections 1137.1 and 1137.3 of this title.
2.  An owner other than an owner of an antique or a classic automobile as defined by the Oklahoma Tax Commission who files an affidavit that a vehicle shall not be driven upon the public highways or public streets, pursuant to Section 7-607 of this title, who drives or permits the driving of the vehicle upon the public highways or public streets, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than Five Hundred Dollars ($500.00), or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and in addition thereto, shall be subject to suspension of the driving privilege of the person in accordance with Section 7-605 of this title.
B.  A sentence imposed for any violation of the Compulsory Insurance Law may be suspended or deferred in whole or in part by the court.
C.  Any person producing proof in court that a current security verification form or equivalent form which has been issued by the Department of Public Safety as proof of financial responsibility or by the Insurance Commissioner as proof of self-insurance reflecting liability coverage for the person was in force at the time of the alleged offense shall be entitled to dismissal of the charge.  If proof of security verification is presented to the court by no later than the business day preceding the first scheduled court appearance date, the dismissal shall be without payment of court costs.  The court may access information from the online verification system to confirm liability coverage.  The court shall not dismiss the fine unless proof that liability coverage for the person was in force at the time of the alleged offense is presented to the court.
D.  Upon conviction, bond forfeiture or deferral of sentence, the court clerk shall forward an abstract to the Department of Public Safety within ten (10) days reflecting the action taken by the court.
E.  For purposes of this section, “court” means any court in this state.
SECTION 14.     AMENDATORY     47 O.S. 2011, Section 14-109, is amended to read as follows:
Section 14-109.  A.  On any road or highway:
1.  No single axle weight shall exceed twenty thousand (20,000) pounds; and
2.  The total gross weight in pounds imposed thereon by a vehicle or combination of vehicles shall not exceed the value given in the following table as provided in Section 127, 23 C.F.R., Part 658 of Title 23 of the United States Code, and the publications related thereto of the Federal Highway Administration of the United States Department of Transportation including, but not limited to “Bridge Formula Weights” (FHWA-HOP-06-105) corresponding to the distance in feet between the extreme axles of the group measured longitudinally to the nearest foot.
Distance in Feet
Between the Extremes of               Maximum Load in Pounds
Any Group of 2 or More                Carried on Any Group of 2 or
Consecutive Axles                     More Consecutive Axles
    2 Axles	3 Axles	4 Axles	5 Axles	6 Axles
4	34,000	------	------	------	------
5	34,000	------	------	------	------
6	34,000	------	------	------	------
7	34,000	------	------	------	------
8	34,000	42,000	------	------	------
9	39,000	42,500	------	------	------
10	40,000	43,500	------	------	------
11	------	44,000	------	------	------
12	------	45,000	50,000	------	------
13	------	45,500	50,500	------	------
14	------	46,500	51,500	------	------
15	------	47,000	52,000	------	------
16	------	48,000	52,500	58,000	------
17	------	48,500	53,500	58,500	------
18	------	49,500	54,000	59,000	------
19	------	50,000	54,500	60,000	------
20	------	51,000	55,500	60,500	66,000
21	------	51,500	56,000	61,000	66,500
22	------	52,500	56,500	61,500	67,000
23	------	53,000	57,500	62,500	68,000
24	------	54,000	58,000	63,000	68,500
25	------	54,500	58,500	63,500	69,000
26	------	56,000	59,500	64,000	69,500
27	------	57,500	60,000	65,000	70,000
28	------	59,000	60,500	65,500	71,000
29	------	60,500	61,500	66,000	71,500
30	------	62,000	62,000	66,500	72,000
31	------	63,500	63,500	67,000	72,500
32	------	64,000	64,000	68,000	73,500
33	------	------	64,500	68,500	74,000
34	------	------	65,000	69,000	74,500
35	------	------	66,000	70,000	75,000
36	------	------	68,000	70,500	75,500
37	------	------	68,000	71,000	76,000
38	------	------	69,000	72,000	77,000
39	------	------	70,000	72,500	77,500
40	------	------	71,000	73,000	78,000
41	------	------	72,000	73,500	78,500
42	------	------	73,000	74,000	79,000
43	------	------	73,280	75,000	80,000
44	------	------	73,280	75,500	80,500
45	------	------	73,280	76,000	81,000
46	------	------	73,280	76,500	81,500
47	------	------	73,500	77,500	82,000
48	------	------	74,000	78,000	83,000
49	------	------	74,500	78,500	83,500
50	------	------	75,500	79,000	84,000
51	------	------	76,000	80,000	84,500
52	------	------	76,500	80,500	85,000
53	------	------	77,500	81,000	86,000
54	------	------	78,000	81,500	86,500
55	------	------	78,500	82,500	87,000
56	------	------	79,500	83,000	87,500
57	------	------	80,000	83,500	88,000
58	------	------	------	84,000	89,000
59	------	------	------	85,000	89,500
60	------	------	------	85,500	90,000
B.  Except as to gross limits, the table in provisions of subsection A of this section shall not apply to a truck-tractor and dump semitrailer when used as a combination unit.  In no event shall the maximum load in pounds carried by any set of tandem axles exceed thirty-four thousand (34,000) pounds for vehicles exempt from the table provisions of subsection A of this section; however, any vehicle operating with split tandem axles or tri-axles shall adhere to the table.
C.  Special permits may be issued as provided in this title for divisible loads for vehicle configurations in excess of six (6) axles.  The permits may not exceed the Table "B" federal weights formula imposed by Title 23, U.S. Code, Section 127, 23 C.F.R., Part 658 of Title 23 of the United States Code, and the publications related thereto of the Federal Highway Administration of the United States Department of Transportation including, but not limited to, “Bridge Formula Weights” (FHWA-HOP-06-105).  Vehicles moving under the permits shall not traverse H-15 bridges or less without the express approval of the Secretary of Transportation.
D.  Except for loads moving under special permits as provided in this title, no department or agency of this state or any county, city, or public entity thereof shall pay for any material that exceeds the legal weight limits moving in interstate or intrastate commerce in excess of the legal load limits of this state.
E.  Exceptions to this section will be:
1.  Utility or refuse collection vehicles used by counties, cities, or towns located in Oklahoma or by private companies contracted by counties, cities, or towns located in Oklahoma if the following conditions are met:
a.	calculation of weight for a utility or refuse collection vehicle shall be "Gross Vehicle Weight".  The "Gross Vehicle Weight" of a utility or refuse collection vehicle may not exceed the otherwise applicable weight by more than fifteen percent (15%).  The weight on individual axles must not exceed the manufacturer's component rating which includes axle, suspension, wheels, rims, brakes, and tires as shown on the vehicle certification label or tag, and
b.	utility or refuse collection vehicles operated under these exceptions will not be allowed to operate on interstate highways;
2.  Vehicles transporting timber, pulpwood, and chips in their natural state, vehicles transporting oil field fluids, oil field equipment, or equipment used in oil and gas well drilling or exploration, and vehicles transporting grain, if the following conditions are met:
a.	the vehicles are registered for the maximum allowable rate,
b.	the vehicles do not exceed five percent (5%) of the gross limits set forth as provided in subsection A of this section, and
c.	the vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways;
3.  Vehicles transporting rock, sand, gravel, coal, and flour if the following conditions are met:
a.	the vehicles are registered for the maximum allowable rate,
b.	the vehicles do not exceed five percent (5%) of the axle limits set forth as provided in subsection A of this section, and
c.	the vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways; and
4.  A combination of a wrecker or tow vehicle and another vehicle or vehicle combination if:
a.	the service provided by the wrecker or tow vehicle is needed to remove disabled, abandoned, or accident-damaged vehicles, and
b.	the wrecker or tow vehicle is towing the other vehicle or vehicle combination directly to the nearest authorized place of repair, terminal, or vehicle storage facility.
Vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways.
F.  1.  Any vehicle utilizing an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling shall be allowed an additional four hundred (400) pounds total to the total gross weight limits set by this section.
2.  To be eligible for the exception provided in this subsection, the operator of the vehicle must obtain written proof or certification of the weight of the auxiliary power or idle reduction technology unit and be able to demonstrate or certify that the idle reduction technology is fully functional.
3.  Written proof or certification of the weight of the auxiliary power or idle reduction technology unit must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws.  The additional weight allowed cannot exceed four hundred (400) pounds or the actual proven or certified weight of the unit, whichever is less.
G.  Utility or refuse collection vehicles, vehicles transporting timber, pulpwood, and chips in their natural state, vehicles transporting oil field fluids, oil field equipment or equipment used in oil and gas well drilling or exploration, vehicles transporting rock, sand, gravel, coal, and flour and vehicles transporting grain, operating under exceptions shall purchase an annual special overload permit for One Hundred Dollars ($100.00).  This fee shall be apportioned as provided for in Section 1104 of this title.
H.  For purposes of this section, "utility vehicle" shall mean any truck used by a private utility company, county, city, or town for the purpose of installing or maintaining electric, water, or sewer systems.
SECTION 15.     AMENDATORY     47 O.S. 2011, Section 14-116, is amended to read as follows:
Section 14-116.  A.  The Commissioner of Public Safety shall charge a minimum permit fee of Forty Dollars ($40.00) for any permit issued pursuant to the provisions of Section 14‑101 et seq. of this title.  In addition to the permit fee, the Commissioner shall charge a fee of Ten Dollars ($10.00) for each thousand pounds in excess of the legal load limit.  The Commissioner of Public Safety shall establish any necessary rules for collecting the fees.  Provided, for any permit which is canceled or revised by the requester for reasons other than an error in the permit caused by the Department of Public Safety, the Commissioner shall charge and the requester shall pay a cancellation or revision fee of Twenty Dollars ($20.00).  The proceeds from each cancellation or revision fee shall be deposited to the credit of the Department of Public Safety Revolving Fund.
B.  The Department of Public Safety is authorized to establish an escrow account system for the payment of permit fees.  Authorized motor carriers meeting established credit requirements may participate in the escrow account system for permits purchased from all size and weight permit offices in this state.  Carriers not choosing to participate in the escrow account system shall be required to make payment of the required fee or fees upon purchase of each permit as required by law.  All monies collected through the escrow account system shall be deposited to a special account of the Department of Public Safety and placed in the custody of the State Treasurer.  Proceeds from permits purchased using the escrow account system shall be distributed as provided for in subsection G of this section.  However, fees collected through such accounts for the electronic transmission, transfer or delivery of permits, as provided for in Section 14-118 of this title, shall be credited to the Department of Public Safety Revolving Fund.
C.  1.  Application for permits shall be made a reasonable time in advance of the expected time of movement of such vehicles.  For emergencies affecting the health or safety of persons or a community, permits may be issued for immediate movement.
2.  Size and weight permit offices in all districts where applicable shall issue permits to authorize carriers by telephone during weekdays.
3.  The Commissioner of Public Safety shall develop a system for provisional permits for authorized carriers which may be used in lieu of a regular permit for the movement of oversize and overweight loads when issued an authorization number by the Department of Public Safety.  Such provisional permits shall include date of movement, general load description, estimated weight, oversize notation, route of travel, truck or truck‑tractor license number, and permit authorization number.
D.  No overweight permit shall be valid until all license taxes due the State of Oklahoma have been paid.
E.  No permit violation shall be deemed to have occurred when an oversize or overweight movement is made pursuant to a permit whose stated weight or size exceeds the actual load.
F.  The first deliverer of motor vehicles designated truck carriers or well service carriers manufactured in Oklahoma shall not be required to purchase an overweight permit when being delivered to the first purchaser.
G.  Except as provided in Section 4 14-122 of this act title, the first One Million Two Hundred Sixteen Thousand Dollars ($1,216,000.00) of proceeds from both the permit fees and the overweight permit fees imposed pursuant to subsection A of this section collected monthly shall be apportioned as provided in Section 1104 of this title.  All proceeds collected from both the permit fees and the overweight permit fees imposed pursuant to subsection A of this section in excess of One Million Two Hundred Sixteen Thousand Dollars ($1,216,000.00) shall be deposited in the Weigh Station Improvement Revolving Fund as provided in Section 1167 of this title for the purpose set forth in that section and may be used for motor carrier permitting systems and motor carrier safety and enforcement.
SECTION 16.     AMENDATORY     47 O.S. 2011, Section 14-120.2, is amended to read as follows:
Section 14-120.2  A.  Every person required by the Oklahoma Department of Transportation, the Oklahoma Transportation Turnpike Authority, or any federal agency or commission to have a law enforcement escort provided by the Oklahoma Highway Patrol Division of the Department of Public Safety for the transport of any oversized load or hazardous shipment by road or rail shall pay to the Department of Public Safety a fee covering the full cost to administer, plan, and carry out the escort within this state; provided, the Oklahoma Highway Patrol shall be the sole provider of an escort for a superload.  For purposes of this section, “superload” means any vehicle, load, or combination thereof which is twenty (20) feet or greater in width.  The fee shall be a contractually obligated payment and shall include, but not be limited to:
1.  The cost of each escort unit; and
2.  One and one-half (1 1/2) times the rate of pay for a Highway Patrolman (Trooper) Step 7, as provided in Section 2-105.4 of this title.
B.  If the Highway Patrol provides an escort to accompany the transport of an oversized load or hazardous shipment by road or rail at the request of any person that is not required to have a law enforcement escort pursuant to subsection A of this section, then the requestor shall pay to the Department of Public Safety a fee covering the full cost to administer, plan, and carry out the escort within this state.
C.  The Department of Public Safety shall adopt by rule a schedule of fees necessary to implement this section.
D.  All fees collected by the Department pursuant to this section shall be deposited to the credit of the Department of Public Safety Revolving Fund.
SECTION 17.     AMENDATORY     47 O.S. 2011, Section 40-102, is amended to read as follows:
Section 40-102.  A.  1.  Every law enforcement officer who, in the regular course of duty, investigates or receives a report of a traffic collision resulting in injury to or death of a person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall prepare a written report of the collision on the standard collision report form supplied by the Department of Public Safety.  The reports shall be forwarded within thirty (30) days of the collision or, if the collision results in the death of any person, then within twenty (20) days of the death of the person, whichever time period is lesser, by the law enforcement agency preparing the report to the Department of Public Safety.
2.  Reports of collisions shall be kept confidential for a period of sixty (60) days after the date of the collision; provided, the reports shall be made available as soon as practicable upon request to any:
a.	party involved in the collision,
b.	legal representatives of a party involved in the collision,
c.	state, county or city law enforcement agency,
d.	the Department of Transportation or any county or city transportation or road and highway maintenance agency,
e.	licensed insurance agents of a party involved in the collision,
f.	insurer of a party involved in the collision,
g.	insurer to which a party has applied for coverage,
h.	person under contract with an insurer, as described in subparagraph e, f or g of this paragraph, to provide claims or underwriting information,
i.	prosecutorial authority,
j.	newspaper as defined in Section 106 of Title 25 of the Oklahoma Statutes,
k.	radio or television broadcaster,
l.	licensed private investigators employed by a party involved in the collision, or
m.	provider of health services to a party involved in the collision, or
n.	lienholder of a party involved in the collision.
3.  Any person who knowingly violates this section and obtains or provides information made confidential by this section is guilty of a misdemeanor and shall be fined no more than Two Thousand Five Hundred Dollars ($2,500.00).  Second and subsequent offenses shall carry a penalty of imprisonment in the county jail for not more than thirty (30) days.
B.  1.  No public employee or officer shall allow a person to examine or reproduce a collision report or any related investigation report if examination or reproduction of the report is sought for the purpose of making a commercial solicitation.  Any person requesting a collision report may be required to state, in writing, under penalty of perjury, that the report will not be examined, reproduced or otherwise used for commercial solicitation purposes.  It shall be unlawful and constitute a misdemeanor for any person to obtain or use information from a collision report or a copy thereof for the purpose of making a commercial solicitation.
2.  As used in this subsection:
a.	"commercial solicitation" means any attempt to use, or offer for use, information contained in a collision report to solicit any person named in the report, or a relative of the person, or to solicit a professional, business, or commercial relationship.  "Commercial solicitation" does not include publication in a newspaper, as defined in Section 106 of Title 25 of the Oklahoma Statutes, or broadcast of information by news media for news purposes, or obtaining information for the purpose of verification or settlement of claims by insurance companies, and
b.	"collision report" means any report regarding a motor vehicle collision which has been submitted by an individual or investigating officer on a form prescribed or used by the Department of Public Safety or local police department.
3.  Publication in a newspaper, as defined in Section 106 of Title 25 of the Oklahoma Statutes, or broadcast by news media for news purposes shall not constitute a resale or use of data for trade or commercial solicitation purposes.  Because publication by a newspaper, broadcast by news media for news purposes, or obtaining information for verification or settlement of claims by insurance companies is not a resale or use of data for commercial solicitation purposes, an affidavit shall not be required as a condition for allowing a member of a newspaper or broadcast news media, or allowing an agent, or business serving as an agent, to insurance companies, to examine or obtain a copy of a collision report.  Any agent or business obtaining information for verification or settlement of claims involving persons named in a report shall secure an affidavit annually from each client stating the information provided to the client shall not be used for commercial solicitation purposes under penalty of law.
4.  The Department and local police departments shall include the following or a similar notice upon any copy of a collision report furnished to others:  "Warning - State Law.  Use of contents for commercial solicitation is unlawful."
C.  As used in this section:
1.  “Newspaper” means a legal newspaper as defined in Section 106 of Title 25 of the Oklahoma Statutes, provided that the primary purpose of the newspaper is not the publication of personally identifying information concerning parties involved in the traffic collision; and
2.  “Provider of health services” means any person that provides health care services to the injured person under a license, certification or registration issued pursuant to Title 59 of the Oklahoma Statutes, or any hospital or related institution that offers or provides health care services under a license issued pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma Statutes.
SECTION 18.     AMENDATORY     47 O.S. 2011, Section 751, is amended to read as follows:
Section 751.  A.  1.  Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes, parking lots or any other public place or upon any private road, street, alley or lane which provides access to one or more single or multifamily dwellings within this state shall be deemed to have given consent to a test or tests of such person’s blood or breath, for the purpose of determining the alcohol concentration as defined in Section 756 of this title, and such person’s blood, saliva or urine for determining the presence or concentration of any other intoxicating substance therein as defined in this section, if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes, parking lots or other public place or upon any private road, street, alley or lane which provides access to one or more single or multifamily dwellings while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, or if the person is involved in a traffic accident that resulted in the immediate death or serious injury of any person and is removed from the scene of the accident to a hospital or other health care facility outside the State of Oklahoma before a law enforcement officer can effect an arrest.
2.  A law enforcement officer, having reasonable grounds to believe that such person was operating or in actual physical control of a motor vehicle while under the influence may direct the administration of or administer the test or tests.
As used in this title, the term “other intoxicating substance” shall mean any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions.
B.  The law enforcement agency by which the arresting officer is employed may designate, in accordance with the rules of the Board of Tests for Alcohol and Drug Influence, hereinafter referred to as the Board, whether blood or breath is to be tested for the alcohol concentration thereof, and whether blood, saliva or urine is to be tested for the presence or concentration of any other intoxicating substance therein.
In the event the law enforcement agency does not designate the test to be administered, breath shall be the substance tested for alcohol concentration.  Blood may also be tested to determine the alcohol concentration thereof in the event that breath cannot be tested to determine the alcohol concentration thereof because of the lack of an approved device or qualified person to administer a breath test or because such breath test for any other reason cannot be administered in accordance with the rules of the Board.
In the event the law enforcement agency does not designate the test to be administered, blood, saliva or urine shall be the substance tested for the presence or concentration of any other intoxicating substance or the combination of alcohol and any other intoxicating substance.
C.  In the event the person is incapable of submitting to and successfully completing, by reason of illness or injury or other physical disability, the test to be administered, an alternate test may be administered in accordance with the rules of the Board.
D.  Any person who is unconscious or otherwise incapable of refusing to submit to a test of such person’s blood or breath to determine the alcohol concentration thereof, or to a test of such person’s blood, saliva or urine to determine the presence or concentration of any other intoxicating substance therein, shall be deemed not to have withdrawn the consent provided by subsection A of this section, and such test may be administered as provided herein.
An unconscious person who has been issued a citation by a law enforcement officer for one of the offenses listed in subsection A of this section is arrested for purposes of this section.  The arresting officer must leave a copy of the citation with the arrested person which may be accomplished by handing it to the arrested person, or by leaving it with the personal effects of the arrested party, so as to inform the unconscious person of the arrest.
Any person who has been arrested for one of the offenses listed in subsection A of this section who is unconscious or injured and who requires immediate medical treatment as determined by a treating physician may be released on the person’s own recognizance for medical reasons by the arresting officer.  The arresting officer who releases an arrested person on the person’s own recognizance must indicate the release on the face of the citation.  Any person released on his or her own recognizance for medical reasons shall remain at liberty pending the filing of charges.
E.  In addition to any test designated by the arresting officer, the arrested person may also designate any additional test to be administered to determine the concentration of alcohol, or the presence or concentration of any other intoxicating substance or the combination of alcohol and any other intoxicating substance.  The cost of such additional test shall be at the expense of the arrested person.
A sufficient quantity of any specimen obtained at the designation of the arrested person shall be available to the law enforcement agency employing the arresting officer.  Such specimens shall be treated in accordance with the rules applicable to the specimens obtained by an arresting officer.
F.  When a law enforcement officer has determined that the blood alcohol content of an individual is to be tested for the presence or concentration of alcohol, other intoxicating substance, or the combination of alcohol and any other intoxicating substance, the law enforcement officer shall inform the individual to be tested that the withdrawal of blood shall only be performed by certain medical personnel as provided for in Section 752 of this title.
SECTION 19.     AMENDATORY     47 O.S. 2011, Section 754, is amended to read as follows:
Section 754.  A.  Any arrested person who is under twenty-one (21) years of age and has any measurable quantity of alcohol in the person's blood or breath, or any person twenty-one (21) years of age or older whose alcohol concentration is eight-hundredths (0.08) or more as shown by a breath test administered according to the provisions of this title, or any arrested person who has refused to submit to a breath or blood test, shall immediately surrender his or her driver license, permit or other evidence of driving privilege to the arresting law enforcement officer.  The officer shall seize any driver license, permit, or other evidence of driving privilege surrendered by or found on the arrested person during a search.
B.  If the evidence of driving privilege surrendered to or seized by the officer has not expired and otherwise appears valid, the officer shall issue to the arrested person a dated receipt for that driver license, permit, or other evidence of driving privilege on a form prescribed by the Department of Public Safety.  This receipt shall be recognized as a driver license and shall authorize the arrested person to operate a motor vehicle for a period not to exceed thirty (30) days.  The receipt form shall contain and constitute a notice of revocation of driving privilege by the Department effective in thirty (30) days.  The evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the officer and shall be submitted by mail or in person to the Department within seventy-two (72) hours of the issuance of the receipt.  The failure of the officer to timely file this report shall not affect the authority of the Department to revoke the driving privilege of the arrested person.
C.  Upon receipt of a written blood or breath test report reflecting that the arrested person, if under twenty-one (21) years of age, had any measurable quantity of alcohol in the person's blood or breath, or, if the arrested person is twenty-one (21) years of age or older, a blood or breath alcohol concentration of eight-hundredths (0.08) or more, accompanied by a sworn report from a law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a motor vehicle while under the influence of alcohol as prohibited by law, the Department shall revoke or deny the driving privilege of the arrested person for a period as provided by Section 6-205.1 of this title.  Revocation or denial of the driving privilege of the arrested person shall become effective thirty (30) days after the arrested person is given written notice thereof by the officer as provided in this section or by the Department as provided in Section 2-116 of this title.
D.  Upon the written request of a person whose driving privilege has been revoked or denied by notice given in accordance with this section or Section 2-116 of this title, the Department shall grant the person an opportunity to be heard if the request is received by the Department within fifteen (15) days after the notice.  The sworn report of the officer, together with the results of any test or tests, shall be deemed true, absent any facial deficiency, should the requesting person fail to appear at the scheduled hearing.  A timely request shall stay the order of the Department until the disposition of the hearing unless the person is under cancellation, denial, suspension or revocation for some other reason.  The Department may issue a temporary driving permit pending disposition of the hearing, if the person is otherwise eligible.  If the hearing request is not timely filed, the revocation or denial shall be sustained.
E.  1.  At any hearing held relevant to this section, a report of the findings of the laboratory of the Oklahoma State Bureau of Investigation, the medical examiner's report of investigation or autopsy report, or a laboratory report from a forensic laboratory operated by the State of Oklahoma or any political subdivision thereof, which has been made available to the person by the Commissioner or an authorized representative at least five (5) days prior to the hearing, with reference to all or part of the evidence submitted, when certified as correct by the persons making the report shall be received as evidence of the facts and findings stated, if relevant and otherwise admissible in evidence.  If the report is deemed relevant by either party, the court shall admit the report without the testimony of the person making the report, unless the court, pursuant to this subsection, orders the person to appear.
2.  When any alleged controlled dangerous substance has been submitted to the laboratory of the OSBI for analysis, and the analysis shows that the submitted material is a controlled dangerous substance, the distribution of which constitutes a felony under the laws of this state, no portion of the substance shall be released to any other person or laboratory absent an order of a district court.  The defendant shall additionally be required to submit to the court a procedure for transfer and analysis of the subject material to ensure the integrity of the sample and to prevent the material from being used in any illegal manner.
3.  The court, upon motion of either party, shall order the attendance of any person preparing a report submitted as evidence in the hearing when it appears there is a substantial likelihood that material evidence not contained in the report may be produced by the testimony of any person having prepared a report.  The hearing shall be held and, if sustained, an order issued not less than five (5) days prior to the time when the testimony shall be required.
4.  If within five (5) days prior to the hearing or during a hearing, a motion is made pursuant to this section requiring a person having prepared a report to testify, the court may hear a report or other evidence but shall continue the hearing until such time notice of the motion and hearing is given to the person making the report, the motion is heard, and, if sustained, the testimony ordered can be given.
F.  The hearing before the Commissioner of Public Safety or a designated hearing officer shall be conducted in the county of arrest or may be conducted by telephone conference call.  The hearing may be recorded and its scope shall cover the issues of whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle upon the public roads, highways, streets, turnpikes, parking lots or other public place, or upon any private road, street, alley or lane which provides access to one or more single or multifamily dwellings, of this state while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance as prohibited by law, and whether the person was placed under arrest.
1.  If the revocation or denial is based upon a breath or blood test result and a sworn report from a law enforcement officer, the scope of the hearing shall also cover the issues as to whether:
a.	if timely requested by the person, the person was not denied a breath or blood test,
b.	the specimen was obtained from the person within two (2) hours of the arrest of the person,
c.	the person, if under twenty-one (21) years of age, was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol,
d.	the person, if twenty-one (21) years of age or older, was advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of eight-hundredths (0.08) or more, and
e.	the test result in fact reflects the alcohol concentration.
2.  If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, reflected in a sworn report by a law enforcement officer, the scope of the hearing shall also include whether:
a.	the person refused to submit to the test or tests, and
b.	the person was informed that driving privileges would be revoked or denied if the person refused to submit to the test or tests.
G.  After the hearing, the Commissioner of Public Safety or a designated hearing officer shall order the revocation or denial either rescinded or sustained.
SECTION 20.  This act shall become effective July 1, 2012.
SECTION 21.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-2-8236	GRS	01/09/12