Req. No. 884 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 463 By: Hall
AS INTRODUCED
An Act relating to motor license agents; amending 47
O.S. 2011, Section 1140, as last am ended by Section
2, Chapter 195, O.S.L. 2019 (47 O. S. Supp. 2020,
Section 1140), which relates to qualifications and
requirements; modifying basis for removal of motor
license agents; providing that motor license ag ents
are subject to removal for cause by the Oklahoma Tax
Commission; providing definition; prohibiting removal
for exercise of free speech; providing procedure for
removal; requiring that removal be reviewed by
Commissioners; requiring notice; authorizing hearing;
providing for presentation of e vidence; creating
right to appeal; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 1140, as
last amended by Section 2, Chapter 195, O. S.L. 2019 (47 O.S. Supp.
2020, Section 1140), is am ended to read as follows:
Section 1140. A. The Oklahoma Tax Commission shall adopt rules
prescribing minimum qualifications and requirements for locating
motor license agencies and for persons applying f or appointment as a
motor license agent. Such qual ifications and requirements shall
include, but not be limited to, the following:
Req. No. 884 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Necessary job skills and experience;
2. Minimum office hours;
3. Provision for sufficient staffing, equipment, office space
and parking to provide maximum efficiency and maximum convenience to
the public;
4. Obtainment of a faithful performance surety bond as provided
for by law;
5. In counties with a population in excess of t hirty thousand
(30,000) persons according to the latest Federal Decennial Census, a
requirement that operation of a motor license agency be the primary
source of income for the agent;
6. That the applicant has not been convicted of a felony and
that no felony charges are pending against the applica nt;
7. That a complete financial statement be subm itted by the
applicant on forms provided by the Tax Commission;
8. That a report of the applicant ’s credit history be obtained
through the appropriate credit bu reau; and
9. That the location specified in the application for
appointment as a motor license agent not be owned by a member of the
Oklahoma Tax Commission or an employee of the Oklahoma Tax
Commission or any person related to a member of the Oklahoma Ta x
Commission or an employee of the Tax Commi ssion within the third
degree by consanguinity or a ffinity and that the location not be
within a three-mile radius of an existing motor license agency
Req. No. 884 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
unless the applicant is assuming the location of an operating
agency. If the applicant is assuming the l ocation of an existing or
operating agency, the cur rent agent may submit a letter of
resignation contingent upon the appointment of the applicant
regardless of the population of the municipality in which the agen cy
is located. The Tax Commission may, at i ts discretion, approve the
relocation of an existin g agency within a three -mile radius of
another existing agency only if a naturally intervening geographic
barrier within that radius causes the locations to be s eparated by
not less than three (3) miles of roadway by the most direct route.
B. After the necessary information has been forwarded to the
Tax Commission, the Tax Commission or its designees may select
applicants to be interviewed and each item of inform ation shall be
reviewed.
Any person making application to the Tax Commission for the
purpose of becoming a motor license agent shall pay when submitting
the application, a nonrefundable application fee of One Hundred
Dollars ($100.00). All such applicatio n fees shall be deposited in
the Oklahoma Tax Commission Revolving Fund.
C. Upon application b y a person to serve as a motor license
agent, in such counties, the Tax Commission is authorized to make a
determination whether such person and such location me ets the
qualifications and requirements pres cribed herein and, if such be
the case, may appoint such person to serve as a motor license agent.
Req. No. 884 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. A motor license agent, appointed pursuant to this
subsection, shall be permitted to operate a motor license a gency at
a single location and shall be proh ibited from operating subagencies
or branch agencies.
Motor license agents appointed pursuant to this section shall be
subject to all laws relating to motor license agents and shall be
subject to removal at the will of for cause by the Tax Commission.
For the purposes of this section, “for cause” shall be defined
as follows:
1. Repeated violations of written rules, regulations and
statutes pertaining to motor license agents after written warning by
the Tax Commission a nd an opportunity to correct such vio lations;
2. Failure of the motor license agent to p romptly remit funds
owed to the Tax Commission upon written demand;
3. Being charged with a felony crime involving dishonesty or
moral turpitude;
4. Failure to timel y file state and federal income tax r eturns;
and
5. Any act of official misconduct as se t forth in Section 93 of
Title 51 of the Oklahoma Statutes.
Under no circumstances shall a motor license agent be removed
for exercising his or her right of free speec h as guaranteed by
Section 22 of Article II of the Oklahoma Constitution or the First
Amendment of the United States Constitution.
Req. No. 884 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The Tax Commission shall appoint as many motor license agents as
it deems necessary to carry out the provisions of the Motor Vehicle
License and Registration Act. Provided, that in counties with a
population in excess of twenty-five thousand (25,000) persons,
according to the latest Federal Decennial Census, having only one
motor license agent serving the county, the Tax Commis sion shall
establish at least one add itional agency to serve the county.
E. All motor license agents shall be self-employed independent
contractors and shall be under the supervision of the Tax
Commission; provided, any agent authorized to issue registrat ions
pursuant to the International Re gistration Plan shall also be under
the supervision of the Corporation Commission, subject to rules
promulgated by the Corporation Commission pursuant to the provisions
of subsection E of Section 1166 of this title. An y such agent, upon
being appointed, shall furnish and file with the Tax Commission a
bond in such amount as may be fixed by the Tax Commission . Such
agent shall be removable at the will of the Tax Commission . Such
agent shall perform all duties and do su ch things in the
administration of th e laws of this state as shall be enjoined upon
and required by the Tax Commission or the Corporation Commission.
Provided, the Tax Commission may operate a motor license agency in
any county where a vacancy occurs.
F. In the event of a vacancy existing b y reason of resignation,
removal, death or otherwise , in the position of any motor license
Req. No. 884 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
agent, the Tax Commission is hereby empowered and authorized to take
any and all actions it deems appropriate in order to provid e for the
orderly transition and for the maintenance of operations of the
motor license agency including but not limited to the designation of
one of its regular employees to serve as “acting agent” without
bond, and to receive and expend all fees or charg es authorized or
provided by law and exercise the same powers and authority as a
regularly appointed motor license agent. An acting agent may be
authorized by the Tax Commission equally as the preceding agent to
make disbursements from any balances in the preceding motor license
agent’s operating account and the agent ’s operating funds for th e
payment of expenses of operations and salaries and other overhead.
If such funds are insufficient, the Tax Commission is authorized to
expend from funds appropriate d for the operation of the Tax
Commission such amounts as are necessary to maintain and c ontinue
the operation of any such motor license agency until a successor
agent is appointed and qualified. The Tax Commission may require a
blanket fiduciary bond of the agency employees.
G. Any motor license agency operated by a motor license agent
who has been charged with a felony shall be closed immediately. The
Tax Commission shall determine whether the motor license agency
shall be reopened and operated by the motor license agent. The
determination shall be effected as soon as possible to prevent
additional inconvenience to the public In the event that the Tax
Req. No. 884 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Commission determines by a vote of the majority of the Commissioners
that sufficient grounds exist to remove a motor license agent from
his or her position, the Tax Commission shall cause wri tten notice,
stating with specificity upon which grounds the Tax Commission seeks
removal, to be served upon the motor license agent by certified
mail. The motor lic ense agent may, within ten (10) days of the
receipt of the notice, request a hearing befor e the Tax Commission
to dispute the removal. Such hearing shall be held within thirty
(30) days of the request by the motor license agent. The motor
license agent shall be allowed to present evidence, call witnesses,
and present testimony regarding the w ritten allegations. Such
hearing shall be conducted pursuant to the provisions of the
Oklahoma Administrative Procedures Act. If, after the conclusion of
the hearing, the Tax Commission determines tha t the motor license
agent shall be removed, the Tax Co mmission shall make a written
order to include the specific findings of fact and conclusions of
law upon which the determination was based. This written order
shall be provided to the motor license age nt within ten (10) days of
the conclusion of the heari ng.
The motor license agent shall have the right to judicial review
of the order of the Tax Commission. Proceedings for review shall be
instituted by filing a petiti on in the district court of the cou nty
in which the party seeking review resides or, at the option of such
party, where the affected property interest is situated, within
Req. No. 884 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
thirty (30) days after the petitioner is notified of the final order
as provided by Section 312 of Title 75 of the Oklah oma Statutes.
The petition shall name as respondents t he Tax Commission and any
other parties as allowed by law. The district court shall review
the final order of the Tax Commission de novo. In the event that
the district court determines that the remo val proceeding brought by
the Tax Commission was frivol ous, the court may order that the
petitioner be entitled to recover any court costs, witness fees and
reasonable attorney fees from the Tax Commission.
H. When an application for registration is made w ith the Tax
Commission, Corporation Commission or a mo tor license agent, a
registration fee of One Dollar and seventy -five cents ($1.75) shall
be collected for each license plate or decal issued. Such fees
shall be in addition to the registration fees on motor vehicles and
when an application for registratio n is made to the motor license
agent such motor license agent shall retain a fee as provided in
Section 1141.1 of this title. When the fee is paid by a person
making application directly with the Tax C ommission or Corporation
Commission, as applicable, th e registration fees shall be in the
same amount as provided for motor license agents and the fee
provided by Section 1141.1 of this title shall be deposited in the
Oklahoma Tax Commission Revolving Fund or as provided in Section
1167 of this title, as appl icable. The Tax Commission shall prepare
schedules of registration fees and charges for titles which shall
Req. No. 884 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
include the fees for such agents and all fees and charges paid by a
person shall be listed sep arately on the application and
registration and totale d on the application and registration. The
motor license agents shall charge only such fees as are specifically
provided for by law, and all such authorized fees sh all be posted in
such a manner that a ny person shall have notice of all fees that are
imposed by law.
I. No person shall be appointed as a motor license agent unless
the person has attested under oath that the person is not related by
affinity or consangu inity within the third degree to:
1. Any member of the Oklahoma Tax Commission; or
2. Any employee of the Tax Commission.
J. Any motor license agent appointed under the provisions of
this title shall be responsible for all costs incurred by the Tax
Commission when relocating an existing mo tor license agency. The
Tax Commission may waive paym ent of such costs in case of unforeseen
business or emergency conditions beyond the control of the agent.
SECTION 2. This act shall become effective November 1, 2021.
58-1-884 QD 1/19/2021 12:18:04 PM