STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1705	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2011, Section 6-106, as amended by Section 2, Chapter 207, O.S.L. 2012 (47 O.S. Supp. 2013, Section 6-106), which relates to driver license; modifying driver license application requirements; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2011, Section 6-106, as amended by Section 2, Chapter 207, O.S.L. 2012 (47 O.S. Supp. 2013, Section 6-106), is amended to read as follows:
Section 6-106.  A.  1.  Every application for a driver license or identification card shall be made by the applicant upon a form furnished by the Department of Public Safety.
2.  Every original, renewal, or replacement application for a driver license or identification card made by a male applicant who is at least sixteen (16) but less than twenty-six (26) years of age shall include a statement that by submitting the application, the applicant is consenting to registration with the Selective Service System.  The pertinent information from the application shall be forwarded by the Department to the Data Management Center of the Selective Service System in order to register the applicant as required by law with the Selective Service System.  Any applicant refusing to sign the consent statement shall be denied a driver license or identification card.
3.  Every applicant for a driver license or identification card shall provide to the Department at the time of application both primary and secondary proofs of identity.  The Department shall promulgate rules prescribing forms of primary and secondary identification acceptable for an original Oklahoma driver license.
B.  Every applicant for a driver license shall state upon the application the following information:
1.  Full name;
2.  Date of birth;
3.  Sex;
4.  Residence address or mailing address and county of residence to be displayed on the license;
5.  Mailing address and residence address to be maintained by the Department for the purpose of giving notice, if necessary, as required by Section 2-116 of this title;
6.  Medical information, as determined by the Department, which shall assure the Department that the person is not prohibited from being licensed as provided by paragraph 7 of subsection A of Section 6-103 of this title;
7.  Whether the applicant is deaf or hard-of-hearing;
8.  A brief description of the applicant, as determined by the Department;
9.  Whether the applicant has previously been licensed, and, if so, when and by what state or country, and whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal;
10.  Whether the applicant is an alien eligible to be considered for licensure and is not prohibited from licensure pursuant to paragraph 9 of subsection A of Section 6-103 of this title;
11.  Whether the applicant has:
a.	previously been licensed and, if so, when and by what state or country, and
b.	held more than one license at the same time during the immediately preceding ten (10) years; and
12.  Social security number; and
13.  Federal Individual Tax Identification Number (ITIN).
No person shall request the Department to use the social security number of that person as the driver license number.  Upon renewal or replacement of any driver license issued after the effective date of this act July 1, 2001, the licensee shall advise the Department or the motor license agent if the present driver license number of the licensee is the social security number of the licensee.  If the driver license number is the social security number, the Department or the motor license agent shall change the driver license number to a computer-generated alphanumeric identification.
C.  1.  In addition to the requirements of subsections A and B of this section, every applicant for a commercial driver license who is subject to the requirements of 49 C.F.R., Part 391, and is applying for an original, renewal, or replacement license, and every person who, upon the effective date of this act May 8, 2012, is currently the holder of a commercial driver license and is subject to the requirements of 49 C.F.R., Part 391, and who does not apply for a renewal or replacement license prior to January 30, 2014, shall submit to the Department and maintain with the Department a current approved medical examination certificate signed by a licensed physician authorized to perform and approve medical examination certifications.  The Department shall adopt rules regarding procedures for maintaining medical examination certificates pursuant to the requirements in 49 C.F.R., Parts 383 and 384.  Any commercial driver licensee subject to the requirements of this paragraph who fails to maintain on file with the Department a current, approved medical examination certificate shall have the driving privileges of the person downgraded to a Class D driver license by the Department.
2.  If the applicant is applying for an original commercial driver license in Oklahoma or is transferring a commercial driver license from another state to Oklahoma, the Department shall review the driving record of the applicant in other states for the immediately preceding ten (10) years, unless the record review has already been performed by the Department.  As a result of the review, if it is determined by the Department that the applicant is subject to a period of disqualification as prescribed by Section 6-205.2 of this title which has not yet been imposed, the Department shall impose the period of disqualification and the applicant shall serve the period of disqualification before a commercial driver license is issued to the applicant; provided, nothing in this paragraph shall be construed to prevent the issuance of a Class D driver license to the applicant.
3.  If the applicant has or is applying for a hazardous material endorsement, the applicant shall submit to a security threat assessment performed by the Transportation Security Administration of the Department of Homeland Security as required by and pursuant to 49 C.F.R., Part 1572, which shall be used to determine whether the applicant is eligible for the endorsement pursuant to federal law and regulation.
4.  The Department of Public Safety shall notify each commercial driving school of the passage of this section, and each commercial driving school shall notify prospective students of its school of the hazardous material endorsement requirement.
D.  In addition to the requirements of subsections A and B of this section, every applicant shall be given an option on the application for issuance of a driver license or identification card or renewal pursuant to Section 6-115 of this title to provide an emergency contact person.  The emergency contact information requested may include full name, address, and phone number.  The emergency contact information shall be maintained by the Department and shall be used by the Department and law enforcement for emergency purposes only.  A person listed as an emergency contact may request to be removed at any time.  Any update to a change of name, address, or phone number may be made by the applicant listing the emergency contact person or by the person listed as the emergency contact.
E.  Whenever application is received from a person previously licensed in another jurisdiction, the Department shall request a copy of the driving record from the other jurisdiction and, effective September 1, 2005, from all other jurisdictions in which the person was licensed within the immediately previous ten (10) years.  When received, the driving record shall become a part of the driving record of the person in this state with the same force and effect as though entered on the driver's record in this state in the original instance.
F.  Whenever the Department receives a request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge.
SECTION 2.  This act shall become effective July 1, 2014.
SECTION 3.  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.

54-2-2937	 MD	1/15/2014 6:37:21 PM