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Oklahoma Legislature· SB 528Second Reading referred to Aeronautics and Transportation

An act relating to driver licenses, the official text

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1                  STATE OF OKLAHOMA

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2                1st Session of the 60th Legislature (2025)

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3 SENATE BILL 528              By: Bergstrom
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6                  AS INTRODUCED

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7   An Act relating to driver licenses; amending 47 O.S.

7   2021, Section 6-110, as last amended by Section 44,

8   Chapter 452, O.S.L. 2024 (47 O.S. Supp. 2024, Section

8   6-110), which relates to examination of applicants;

9   prohibiting Service Oklahoma from certain

9   consideration of criminal background check; updating

10  statutory language; and providing an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.     AMENDATORY  47 O.S. 2021, Section 6-110, as

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15 last amended by Section 44, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
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16 2024, Section 6-110), is amended to read as follows:
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17  Section 6-110. A. 1. Service Oklahoma shall establish

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18 procedures to ensure every applicant for an original Class A, B, C,
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19 or D license and for any endorsements thereon is examined by Service
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20 Oklahoma, or an approved written examination proctor, except as
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21 otherwise provided in Section 6-101 et seq. of this title or as
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22 provided in paragraph 2 of this subsection or in subsections D and E
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23 of this section. Service Oklahoma is authorized to approve and
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24 enter into agreements with third parties to act as approved written
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    Req. No. 64                                              Page 1
1 examination proctors with regard to any written examination required
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2 by this section. The examination shall include a test of the
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3 applicant's:
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4   a. eyesight,

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5   b. ability to read and understand highway signs

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6                regulating, warning, and directing traffic,

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7   c. knowledge of the traffic laws of this state including

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8                a portion on bicycle and motorcycle safety, and

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9   d. ability, by actual demonstration, to exercise ordinary

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10               and reasonable control in the operation of a motor

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11               vehicle. The actual demonstration shall be conducted

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12               in the type of motor vehicle for the class of driver

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13               license being applied for.

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14 The Department of Public Safety, in conjunction with Service
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15 Oklahoma, may create a knowledge test that may be taken on the
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16 Internet by an applicant applying for a Class D license.
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17 Any licensee seeking to apply for a driver license of another class
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18 which is not covered by the licensee's current driver license shall
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19 be considered an applicant for an original license for that class.
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20  2. Service Oklahoma shall have the authority to waive the

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21 requirement of any part of the examination required in paragraph 1
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22 of this subsection for those applicants whose driving record meets
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23 the standards set by the Department of Public Safety and surrender
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24 either of the following:
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    Req. No. 64                                               Page 2
1   a. a valid unexpired driver license issued by any state

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2                or country for the same type or types of vehicles, or

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3   b. an expired driver license that:

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4                (1) is not expired more than six (6) months past the

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5                expiration date listed on the driver license, and

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6                (2) is not a Class A, B, or C commercial driver

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7                license or commercial driver license permit.

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8   3. Service Oklahoma shall accept skills test results from

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9 another state for Class A, B, or C license applicants who have
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10 successfully completed commercial motor vehicle driver training in
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11 that state and successfully passed the skills test in that state;
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12 provided, Service Oklahoma shall not accept skills test results from
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13 another state when the applicant has not successfully completed
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14 commercial motor vehicle driver training in that state. Nothing in
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15 this section shall be construed to prohibit Service Oklahoma from
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16 administering the skills test to any applicant who has successfully
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17 completed commercial vehicle driver training in another state.
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18  4. All applicants requiring a hazardous materials endorsement

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19 shall be required, for the renewal of the endorsement, to
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20 successfully complete the examination and to submit to a security
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21 threat assessment performed by the Transportation Security
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22 Administration of the Department of Homeland Security as required by
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23 and pursuant to 49 C.F.R., Part 1572, which shall be used to
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    Req. No. 64                                                Page 3
1 determine whether the applicant is eligible for renewal of the
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2 endorsement pursuant to federal law and regulation.
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3   5. Service Oklahoma, or an approved written examination

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4 proctor, shall give the complete examination as provided for in this
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5 section within thirty (30) days from the date the application is
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6 received, and the examination shall be given at a location within
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7 one hundred (100) miles of the residence of the applicant. Service
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8 Oklahoma shall make every effort to make the examination locations
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9 and times convenient for applicants. Service Oklahoma shall
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10 consider giving the examination at any public or private site, if
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11 economically feasible and practicable, and if Service Oklahoma and
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12 the owner or the governing body agree.
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13  B. Any person holding a valid Oklahoma Class D license or

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14 provisional driver license pursuant to Section 6-212 of this title
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15 and applying for a Class A, B, or C commercial license shall be
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16 required to successfully complete all examinations as required for
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17 the specified class. Failure to submit to Service Oklahoma
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18 federally required medical certification information pursuant to 49
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19 C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
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20 of a commercial license to a Class D license. Provided, however,
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21 once the required medical certification information has been
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22 received by Service Oklahoma, the license shall be reinstated to the
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23 classification of the commercial license prior to the downgrade and
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24 the holder of such a license shall not be required to reapply.
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    Req. No. 64                                                Page 4
1   C. Except as provided in subsection E of Section 6-101 of this

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2 title, any person holding a valid Oklahoma Class A, B, or C
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3 commercial license shall, upon time for renewal thereof, be entitled
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4 to a Class D license without any type of testing or examination,
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5 except for any endorsements thereon as otherwise provided for by
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6 Section 6-110.1 of this title.
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7   D. 1. Any certified driver education instructor who is

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8 currently an operator or an employee of a commercial driver training
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9 school in this state or any driver education instructor employed by
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10 any school district in this state shall be eligible to apply to be a
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11 designated examiner of Service Oklahoma for the purposes of
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12 administering the Class D driving skills portion of the Oklahoma
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13 driving examination to any person who has been issued a learner
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14 permit.
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15  2. The Department of Public Safety, in conjunction with Service

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16 Oklahoma, shall adopt a curriculum of required courses and training
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17 to be offered to applicants who are qualified to apply to be a
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18 designated examiner. The courses and training for certification
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19 shall meet the same standards as required for driver examiners of
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20 Service Oklahoma.
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21  3. Each person applying to be a designated examiner shall be

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22 required to pay an initial designated examiner certification fee of
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23 One Thousand Dollars ($1,000.00). Upon successful completion of
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24 training prescribed by paragraph 2 of this subsection, the person
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    Req. No. 64                                                 Page 5
1 shall be required to pay an annual designated examiner certification
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2 fee of Five Hundred Dollars ($500.00). If an applicant for the
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3 designated examiner program is employed by an Oklahoma public school
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4 system that offers driver education, and he or she administers the
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5 skills test only to students enrolled in a public school driver
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6 education program, the certification fee may be waived by Service
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7 Oklahoma. Each designated examiner certification shall expire on
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8 the last day of the calendar year and may be renewed upon
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9 application to Service Oklahoma. The designated examiner
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10 certification fees collected by Service Oklahoma pursuant to this
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11 subsection shall be deposited to the credit of the Department of
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12 Public Safety Restricted Revolving Fund to be used for the purposes
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13 of this subsection, through October 31, 2022. Beginning November 1,
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14 2022, the designated examiner certification fees collected by
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15 Service Oklahoma pursuant to this subsection shall be deposited to
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16 the credit of the Service Oklahoma Revolving Fund. No designated
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17 examiner certification fee shall be refunded in the event that
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18 certification is denied, suspended or revoked.
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19  4. A designated examiner may charge a fee for each Class D

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20 driving skills examination given, whether the person being examined
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21 passes or fails the examination.
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22  5. Service Oklahoma shall require each designated examiner and

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23 driver education instructor applicant to submit to an electronic
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24 national criminal history record check pursuant to Section 150.9 of
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    Req. No. 64                                              Page 6
1 Title 74 of the Oklahoma Statutes. The fees for the record check
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2 shall be borne by the designated examiner, designated examiner
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3 applicant, driver education instructor, or driver education
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4 instructor applicant. Service Oklahoma shall not take into
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5 consideration any felonies or misdemeanors that have been resolved
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6 prior to ten (10) years before the date of submission by the
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7 applicant.
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8   6. The Department of Public Safety, in conjunction with Service

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9 Oklahoma, shall promulgate rules to implement and administer the
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10 provisions of this subsection.
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11  E. 1. Upon application and approval of Service Oklahoma, any

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12 public or private commercial truck driving school that has or
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13 maintains a program instructing students for a Class A, B, or C
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14 license, public transit agency, state, county or municipal
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15 government agency in this state, such as local school districts, the
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16 Oklahoma Department of Career and Technology Education, or
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17 institutions of higher education, or a private entity, shall be
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18 authorized to hire or employ designated examiners approved by
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19 Service Oklahoma to be third-party examiners of the Class A, B, or C
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20 driving skills portion and/or or knowledge written portion, pursuant
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21 to paragraph A of this section, of the Oklahoma driving examination.
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22 All designated examiners must successfully have completed the
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23 courses and training as outlined in paragraph 2 of this subsection.
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24 Service Oklahoma shall be required to approve at least one public
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    Req. No. 64                                                Page 7
1 transit agency that has or maintains a program instructing students
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2 for a Class A, B, or C license to hire or employ third-party
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3 examiners pursuant to this section. It shall be permissible for any
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4 public transit agency operating in the State of Oklahoma to utilize
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5 the third-party examiners hired or employed by a public transit
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6 agency approved by Service Oklahoma.
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7   2. The Department of Public Safety, in conjunction with Service

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8 Oklahoma, shall adopt a curriculum of required courses and training
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9 to be offered to third-party examiners. The courses and training
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10 for certification shall meet the same standards as required for
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11 commercial driver examiners of Service Oklahoma.
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12  3. Service Oklahoma shall require each third-party examiner

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13 applicant and commercial school driver education instructor
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14 applicant to submit to an electronic national criminal history
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15 record check pursuant to Section 150.9 of Title 74 of the Oklahoma
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16 Statutes. On or before December 1, 2022, Service Oklahoma shall
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17 require each third-party examiner or commercial school driver
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18 education instructor to submit to an electronic national criminal
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19 history record check pursuant to Section 150.9 of Title 74 of the
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20 Oklahoma Statutes. The fees for the background check shall be borne
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21 by the third-party examiner, third-party examiner applicant,
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22 commercial school driver education instructor or commercial school
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23 driver education instructor applicant. Service Oklahoma shall not
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24 take into consideration any felonies or misdemeanors that have been
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    Req. No. 64                                                 Page 8
1 resolved prior to ten (10) years before the date of submission by
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2 the applicant.
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3   F. Service Oklahoma shall promulgate rules to:

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4   1. Implement and administer the provisions of this section

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5 based on requirements set forth in Section 383.75 of Title 49 of the
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6 Code of Federal Regulations;
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7   2. Establish a process to inform any school, public transit

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8 agency, examiner, or state, county, or municipal government agency,
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9 who has been denied, within forty-five (45) days from the denial;
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10  3. Create an appeal process for any school, public transit

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11 agency, examiner, or state, county, or municipal government agency
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12 denied; and
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13  4. If the initial application for approval was denied, limit

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14 the number of times an individual school, public transit agency,
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15 individual examiner applicant, or state, county, or municipal
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16 government agency may reapply in a calendar year to two
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17 reapplications.
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18  SECTION 2. This act shall become effective November 1, 2025.

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20  60-1-64         MSBB        1/19/2025 5:38:04 AM

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    Req. No. 64                                             Page 9
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