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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 463 By: Hall of the Senate
and
Kannady of the House
COMMITTEE SUBSTITUTE
An Act relating to motor license agents; a mending 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), which relates to qualifications and
requirements; modifying basis for removal of motor
license agents; providing that motor licen se agents
are subject to removal for cause by the Oklahoma Tax
Commission; providing definition; providing procedure
for removal; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF TH E 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 amended to read as follows:
Section 1140. A. The Oklahoma Tax Commission shall ad opt rules
prescribing minimum qualifications and requirements for locating
motor license agencies and for persons applying for appointment as a
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motor license agent. Such qualifications and requirements shall
include, but not be limited to, the following:
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 sure ty 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 applicant;
7. That a complete financial statement be submitted by the
applicant on forms provided by the Tax Commission;
8. That a report of the applicant’s credit history be obtain ed
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 re lated to a member of the Oklahoma Ta x
Commission or an employee of the Tax Commission within the third
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degree by consanguinity or affinity and that the location not be
within a three-mile radius of an existing mo tor license agency
unless the applicant is a ssuming the location of an operating
agency. If the applicant is assuming the location of an existing or
operating agency, the current agent may submit a letter of
resignation contingent upon the appointment of the applicant
regardless of the population o f the municipality in which the agen cy
is located. The Tax Commission may, at its discretion, approve the
relocation of an existing agency within a three -mile radius of
another existing agency only if a naturall y 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 nonr efundable 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 by a person to serve as a motor license
agent, in such counties, the Tax Commissio n is authorized to make a
determination whether such person and such location me ets the
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qualifications and requirements prescribed herein and, if such be
the case, may appoint such person to serve as a motor license agent.
D. A motor license agent, appoin ted pursuant to this
subsection, shall be pe rmitted to operate a motor license a gency at
a single location and shall be prohibited 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 and an opportunity to correct such violations;
2. Failure of the motor license agent to promptly 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 timely file state and federal income tax returns;
or
5. Any act of official misconduct as set forth in Section 93 of
Title 51 of the Oklahoma Statutes.
The Tax Commission sha ll appoint as many motor license agents as
it deems necessary to carry out the provisions of the Motor Vehicle
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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 Commission shall
establish at least one addition al agency to serve the county.
E. All motor license agents sh all be self-employed independent
contractors and shall be under the supervision of the Tax
Commission; provided, any agent authorized to issue registrations
pursuant to the International Registration Plan shall also be under
the supervision of the Corporat ion Commission, subject to rules
promulgated by the Corporation Commission pursuant to the pr ovisions
of subsection E of Section 1166 of this title. Any 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 such things in the
administration of the 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 mot or license agency in
any county where a vacancy occurs.
F. In the event of a vacancy existing by reason of resignation,
removal, death or otherwise, in the positi on of any motor license
agent, the Tax Commission is hereby empowered and authorized to take
any and all actions it deems appropriate in order to provide for the
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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 charges authorized or
provided by law and exercise the same powers and authority as a
regularly appointed mot or license agent. An acting agent may be
authorized by the Tax Commission equally as the p receding agent to
make disbursements from any balances in the preceding motor license
agent’s operating account and the agent ’s operating funds for the
payment of expenses of operations and salaries and other overh ead.
If such funds are insufficient, the Tax Commission is authorized to
expend from funds appropriated for the operation of the Tax
Commission such amounts as are necessary to maintain and continue
the operation of any such motor license agency until a s uccessor
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 th e 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 action by the Tax Commiss ion
to remove a motor license agent from h is or her position shall be
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done in accordance with the provisions of the Administra tive
Procedures Act.
H. When an application for registration is made with the Tax
Commission, Corporation Commission or a motor l icense agent, a
registration fee of One Do llar 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 registration 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 Commission or Corporation
Commission, as applicable, the reg istration 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 applicabl e. The Tax Commission shall prepare
schedules of registration fees and charges for titles which shall
include the fees for such agents and all fees and charges paid by a
person shall be listed separately on the application and
registration and totaled 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 shall be posted in
such a manner that any person shall have notice of all fees that are
imposed by law.
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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 consanguinity 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 motor license agency. The
Tax Commission may waive payment o f 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.
58-1-1906 QD 2/23/2021 2:33:37 PM