ENGROSSED HOUSE
BILL NO. 3360	By:	Echols of the House

				and

		Crain of the Senate

[ commercial driver licenses - directing the Department of Public Safety to adopt and prescribe certain rules and regulations - requiring commercial driver license training schools and instructors to obtain license - codification - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 811 of Title 47, unless there is created a duplication in numbering, reads as follows:
As used in Sections 1 through 7 of this act:
1.  "Commercial driver license training school" means a business enterprise conducted by an individual, association, partnership or corporation, licensed by the Department of Public Safety that charges a tuition for the education and training of persons to operate a commercial motor vehicle, and prepares an applicant for the written and skills portion of the examination for a Class A, B or C commercial driver license; and
2.  "Commercial driver license training instructor" means an employee of a commercial driver license training school who teaches, conducts classes, gives demonstrations, or supervises the practice of persons learning to operate or drive commercial motor vehicles, and is licensed by the Department of Public Safety to administer the written and skills portion of the examination for a Class A, B or C commercial driver license.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 812 of Title 47, unless there is created a duplication in numbering, reads as follows:
The Department of Public Safety shall adopt and prescribe such rules and regulations concerning the administration and enforcement of this act as are necessary to carry out the intent of this act and to protect the public.  The Department shall conduct annual inspections of the commercial driver license training school facilities and equipment.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 813 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  No commercial driver license training school shall be established unless such school applies for and obtains from the Department of Public Safety a license in the manner and form prescribed by the Department.
B.  Regulations adopted by the Department shall state the requirements for a commercial driver license training school license, including requirements concerning location, equipment, courses of instruction, instructors, financial statements, schedule of fees and charges, character and reputation of the operators and instructors, insurance in such sum and with such provisions as the Department deems necessary to protect adequately the interests of the public, and such other matters as the Department may prescribe for the protection of the public.
C.  Every school offering instruction for a Class A, B or C commercial driver license must provide for a minimum number of hours of actual classroom and field driving instruction as determined by the Department.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 814 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  No person shall act as a commercial driver license training instructor unless such person applies for and obtains from the Department of Public Safety a license in the manner and form prescribed by the Department.
B.  Rules promulgated by the Department shall state the requirements for a commercial driver license training instructor's license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, motor vehicle laws and safety principles and practices, previous personnel and employment records, and such other matters as the Department may prescribe for the protection of the public.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 815 of Title 47, unless there is created a duplication in numbering, reads as follows:
All licenses issued pursuant to the provisions of this act shall expire on the last day of the calendar year and may be renewed upon application to the Department of Public Safety as prescribed by regulation.  Each application for an original or renewal commercial driver license training school license shall be accompanied by a fee of Two Thousand Five Hundred Dollars ($2,500.00).  Each application for an original or renewal commercial driver license training instructor's license shall be accompanied by a fee of One Thousand Dollars ($1,000.00).  The license fees collected pursuant to this section shall be deposited to the credit of the Department of Public Safety Restricted Revolving Fund to be used for the purposes of this act.  No license fee shall be refunded in the event that the license is denied, suspended, or revoked.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 816 of Title 47, unless there is created a duplication in numbering, reads as follows:
The Department shall conduct an annual complete nationwide criminal history background check on each commercial driver license training instructor.  The fees for the background check shall be borne by the commercial driver license training instructor.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 817 of Title 47, unless there is created a duplication in numbering, reads as follows:
The Department of Public Safety may cancel, suspend, revoke, or refuse to issue or renew a commercial driver license training school or commercial driver license training instructor's license in any case where the Department finds the licensee or applicant has not complied with, or has violated, any of the provisions of this act or any regulation adopted by the Department hereunder.  Any canceled, suspended or revoked license shall be returned to the Department by the licensee, and the holder of the license shall not be eligible to apply for a license under this act until twelve (12) months have elapsed since the date of suspension or revocation.
SECTION 8.  This act shall become effective November 1, 2014.
Passed the House of Representatives the 6th day of March, 2014.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the ___ day of __________, 2014.

	
	Presiding Officer of the Senate