STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 2054	By:	Crain

AS INTRODUCED

An Act relating to commercial driver license training schools; defining terms; requiring the Commissioner of Public Safety to adopt and prescribe certain regulations and administer and enforce certain provisions relating to commercial driver license training schools; prohibiting the establishment or continuation of commercial driver license training schools unless licensed; providing requirements for certain regulations; providing for licensing of instructors; providing for license fees and the remittance and purpose of such fees; authorizing the Commissioner to cancel, suspend revoke or refuse to issue or renew certain licenses; providing for certain reapplication; exempting certain persons and schools; providing penalties for certain violations; providing for codification; and providing an 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 Section 811 et seq. of this title:
A.  "Commercial driver license training school" or "CDL school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically, or both, to operate or drive motor vehicles and/or to prepare an applicant for an examination given by the state for a Class A, B or C driver license and charging a consideration or tuition for such services.
B.  "Instructor" means any person, whether acting for himself as operator of a commercial driver license training school or for any such CDL school for compensation, who teaches, conducts classes of, gives demonstrations to or supervises practice of persons learning to operate or drive Class A, B or C motor vehicles or preparing to take an examination for a Class A, B or C driver license and any person who supervises the work of any other such instructor.
C.  "Commissioner" means the Commissioner of Public Safety.
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:
A.  The Commissioner shall adopt and prescribe such 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 Commissioner or his authorized representative shall inspect the CDL school facilities and equipment of applicants and licensees and examine applicants for instructor's licenses.
B.  The Commissioner shall administer and enforce the provisions of this act, and may call upon the State Superintendent of Public Instruction for assistance in developing and formulating appropriate regulations.
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 nor any such existing CDL school continued on or after the effective date of this act, unless such CDL school applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.
B.  Regulations adopted by the Commissioner shall state the requirements for a CDL school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and 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 Commissioner deems necessary to protect adequately the interests of the public and such other matters as the Commissioner may prescribe for the protection of the public.
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 an instructor unless such person applies for and obtains from the Commissioner of Public Safety a license in the manner and form prescribed by the Commissioner.
B.  Regulations promulgated by the Commissioner shall state the requirements for an 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 Commissioner 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 shall expire on the last day of the calendar year and may be renewed upon application to the Commissioner as prescribed by his regulation.  Each application for an original or renewal school license shall be accompanied by a fee of Twenty-five Dollars ($25.00).  This license fee shall be remitted to the State Treasurer to be credited to the General Revenue Fund in the State Treasury.  Each application for an original or renewal instructor's license shall be accompanied by a fee of Five Dollars ($5.00).  This license fee shall be remitted to the Department of Public Safety Revolving Fund to be used for quarterly inspections of the school facilities and equipment of applicants and licensees.  No license fee shall be refunded in the event that the license is rejected, 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 Commissioner may cancel, suspend, revoke or refuse to issue or renew a CDL school or instructor's license in any case where he 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 Commissioner hereunder.  Any canceled, suspended or revoked license shall be returned to the Commissioner by the licensee, and its holder shall not be eligible to apply for a license under this act until three (3) months have elapsed since the date of suspension or revocation.
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 provisions of this act shall not apply to any person giving commercial driver license training lessons without charge, to employers maintaining commercial driver license training schools without charge for their employees only or to CDL schools or classes conducted by colleges, universities and high schools for regularly enrolled, full-time students as a part of the normal program for such institutions.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 818 of Title 47, unless there is created a duplication in numbering, reads as follows:
Violation of any provision of this act or any regulation promulgated pursuant hereto, shall constitute a misdemeanor, and any person, firm, or corporation, upon conviction therefor, shall be punished by a fine of not more than One Hundred Dollars ($100.00) or imprisonment for not more than thirty (30) days in the county jail, or by both such fine and imprisonment.
SECTION 9.  This act shall become effective November 1, 2014.

54-2-2617	LKS	1/16/2014 7:45:03 PM