OK
Oklahoma Senate Bill SB463

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB463 Compare Versions

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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 463 By: Hall of the Senate
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32+ and
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34+ Kannady of the House
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4-An Act
5-ENROLLED SENATE
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39+
40+[ motor license agents - removal of motor license
41+agents - noncompliance and violation - effective
42+date ]
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48+AUTHOR: Add the followi ng House Coauthor: Manger
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50+AMENDMENT NO. 1. Page 1, Line 10, strike the Enacting Clause
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52+Passed the House of Representatives the 21st day of April, 2021.
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58+Presiding Officer of the House of
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62+Passed the Senate the ____ day of ________ __, 2021.
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68+Presiding Officer of the Senate
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70+(Floor Amendments Only) Date and Time Filed:
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72+Untimely Amendment Cycle Extended Secondary Amendment
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74+ENGROSSED SENATE
675 BILL NO. 463 By: Hall of the Senate
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877 and
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10- Kannady, Manger and
11-Steagall of the House
79+ Kannady of the House
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16-An Act relating to motor license agents; amending 47
17-O.S. 2011, Sections 1140, as last amended by Section
18-1 of Enrolled Senate Bill No. 607 of the 1st Session
19-of the 58th Oklahoma Legislature , 1142 and 1142.1, as
20-last amended by Section 4, Chapter 195, O.S.L. 2019
21-(47 O.S. Supp. 2020, Section 1142.1) , which relate to
22-qualifications, requirements and removal; modifying
23-basis for removal of mo tor license agents; providing
24-for removal hearing under Administrative Procedures
25-Act; providing definition; conforming language;
26-amending 75 O.S. 2011, Section 250.4, as last amended
27-by Section 214, Chapter 408, O.S.L. 2019 (75 O.S.
28-Supp. 2020, Section 2 50.4), which relates to the
29-Administrative Procedures Act exemptions; removing
30-certain exemption; and providing an effective date.
84+[ motor license agents - removal of motor license
85+agents - noncompliance and violation - effective date
86+]
3187
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35-SUBJECT: Modifying the basis for m otor license agents
3691
3792 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
38-
3993 SECTION 1. AMENDATORY 47 O.S. 2011, Section 1140, as
40-last amended by Section 1 of Enrolled Senate Bill No. 607 of the 1st
41-Session of the 58th Oklahoma Legislature Section 1140 is amended to
42-read as follows:
43-
94+last amended by Section 2, Chapter 195, O.S.L. 2019 (47 O.S. Supp.
95+2020, Section 1140), is amended to read as follows:
4496 Section 1140. A. The Oklahoma Tax Commission shall adopt rules
4597 prescribing minimum qualifications and requirements for locating
4698 motor license agencies and for persons applying for appointment as a
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4999 motor license agent. Such qualifications and requirements shall
50100 include, but not be limited to, the following:
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52101 1. Necessary job skills and experience;
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54102 2. Minimum office hours;
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56103 3. Provision for sufficient staffing, equipment, office space
57104 and parking to provide maximum efficiency and maximum convenience to
58105 the public;
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60132 4. Obtainment of a faithful performance surety bond as provided
61133 for by law;
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63134 5. In counties with a population in excess of thirty thousand
64135 (30,000) persons according to the latest Federal Decennial Census, a
65136 requirement that operation of a motor license a gency be the primary
66137 source of income for the agent;
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68138 6. That the applicant has not been convicted of a felony and
69139 that no felony charges are pending against the applicant;
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71140 7. That a complete financial statement be submitted by the
72141 applicant on forms prov ided by the Tax Commission;
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74-8. That a report of the appl icant’s credit history be obtained
142+8. That a report of the applicant's credit history be obtained
75143 through the appropriate credit bureau; and
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77144 9. That the location specified in the application for
78145 appointment as a motor license agent not be owned by a member of t he
79146 Oklahoma Tax Commission or an employee of the Oklahoma Tax
80147 Commission or any person related to a member of the Oklahoma Tax
81148 Commission or an employee of the Tax Commission within the third
82149 degree by consanguinity or affinity and that the location not be
83150 within a three-mile radius of an existing motor license agency
84151 unless the applicant is assuming the location of an operating
85152 agency. If the applicant is assuming the location of an existing or
86153 operating agency, the current agent may submit a letter of
87154 resignation contingent upon the appointment of the applicant
88155 regardless of the population of the municipality in which the agency
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89182 is located. The Tax Commission may, at its discretion, approve the
90183 relocation of an existing agency within a three -mile radius of
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93184 another existing agency only if a naturally intervening geographic
94185 barrier within that radius causes the locations to be separated by
95186 not less than three (3) miles of roadway by the most direct route.
96-
97187 B. After the necessary information has been forward ed to the
98188 Tax Commission, the Tax Commission or its designees may select
99189 applicants to be interviewed and each item of information shall be
100190 reviewed.
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102191 Any person making application to the Tax Commission for the
103192 purpose of becoming a motor license agent shal l pay when submitting
104193 the application, a nonrefundable application fee of One Hundred
105194 Dollars ($100.00). All such application fees shall be deposited in
106195 the Oklahoma Tax Commission Revolving Fund.
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108196 C. Upon application by a person to serve as a motor licen se
109197 agent, in such counties, the Tax Commission is authorized to make a
110198 determination whether such person and such location meets the
111199 qualifications and requirements prescribed herein and, if such be
112200 the case, may appoint such person to serve as a motor lic ense agent.
113-
114201 D. A motor license agent, appointed pursuant to this
115202 subsection, shall be permitted to operate a motor license agency at
116203 a single location and shall be prohibited from operating subagencies
117204 or branch agencies.
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119231 Motor license agents appointed pu rsuant to this section shall be
120232 subject to all laws relating to motor license agents and shall be
121233 subject to removal at the will of for cause by the Tax Commission.
122234 Any action taken by the Tax Commission to remove a motor license
123235 agent from his or her pos ition shall be pursuant to and in
124236 accordance with the provisions of the Administrative Procedures Act.
125237 For the purposes of this section, "for cause" shall be defined as
126238 follows:
127-
128239 1. Repeated violations of written rules, regulations and
129240 statutes pertaining to motor license agents after written warning by
130241 the Tax Commission and an opportunity to correct such violations;
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132242 2. Failure of the motor license agent to promptly remit funds
133243 owed to the Tax Commission upon written demand;
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137244 3. Being charged with a felo ny crime involving dishonesty or
138245 moral turpitude;
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140246 4. Failure to timely file state and federal income tax returns;
141247 or
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143248 5. Any act of official misconduct as set forth in Section 93 of
144249 Title 51 of the Oklahoma Statutes.
145-
146250 The Tax Commission shall appoint as ma ny motor license agents as
147251 it deems necessary to carry out the provisions of the Motor Vehicle
148-License and Registration Act. There shall be no less than one (1)
149-motor license agent located in a county of this state. Provided,
150-that in counties with a population in excess of twenty-five thousand
151-(25,000) persons, according to the latest Federal Decennial Census,
152-having only one motor license agent serving t he county, the Tax
153-Commission may establish at least one addition al agency to serve the
154-county.
252+License and Registration Act. Provided, that in counties with a
253+population in excess of twenty -five thousand (25,000) persons,
254+according to the latest Federal D ecennial Census, having only one
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281+motor license agent serving the county, the Tax Commission shall
282+establish at least one additional agency to serve the county.
156283 E. All motor license agents shall be self -employed independent
157284 contractors and shall be under t he supervision of the Tax
158285 Commission; provided, any agent authorized to issue registrations
159286 pursuant to the International Registration Plan shall also be under
160287 the supervision of the Corporation Commission, subject to rules
161288 promulgated by the Corporation C ommission pursuant to the provisions
162289 of subsection E of Section 1166 of this title. Any such agent, upon
163290 being appointed, shall furnish and file with the Tax Commission a
164291 bond in such amount as may be fixed by the Tax Commission. Such
165292 agent shall be removable at the will of the Tax Commission. Such
166293 agent shall perform all duties and do such things in the
167294 administration of the laws of this state as shall be enjoined upon
168295 and required by the Tax Commission or the Corporation Commission.
169296 Provided, the Tax Commission may operate a motor license agency in
170297 any county where a vacancy occurs.
171-
172298 F. In the event of a vacancy existing by reason of resignation,
173299 removal, death or otherwise, in the position of any motor license
174300 agent, the Tax Commission is hereby empow ered and authorized to take
175301 any and all actions it deems appropriate in order to provide for the
176302 orderly transition and for the maintenance of operations of the
177303 motor license agency including but not limited to the designation of
178-one of its regular employees to serve as “acting agent” without
304+one of its regular employe es to serve as "acting agent" without
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181331 bond, and to receive and expend all fees or charges authorized or
182332 provided by law and exercise the same powers and authority as a
183333 regularly appointed motor license agent. An acting agent may be
184334 authorized by the Tax C ommission equally as the preceding agent to
185335 make disbursements from any balances in the preceding motor license
186-agent’s operating account and the agent ’s operating funds for the
336+agent's operating account and the agent's operating funds for the
187337 payment of expenses of operations and salaries and other overhead.
188338 If such funds are insufficient, the Tax Commission is authorized to
189339 expend from funds appropriated for the operation of the Tax
190340 Commission such amounts as are necessary to maintain and continue
191341 the operation of any such motor license agency until a successor
192342 agent is appointed and qualified. The Tax Commission may require a
193343 blanket fiduciary bond of the agency employees.
194-
195344 G. Any motor license agency operated by a motor license agent
196345 who has been charged with a felony shall be closed immediately. The
197346 Tax Commission shall determine whether the motor license agency
198347 shall be reopened and operated by the motor license agent. The
199348 determination shall be effected as soon as possible to prevent
200349 additional inconvenience to the public.
201-
202350 H. When an application for registration is made with the Tax
203351 Commission, Corporation Commission or a motor license agent, a
204352 registration fee of One Dollar and seventy -five cents ($1.75) shall
205353 be collected for each license plate or decal issued. Such fees
206354 shall be in addition to the registratio n fees on motor vehicles and
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207381 when an application for registration is made to the motor license
208382 agent such motor license agent shall retain a fee as provided in
209383 Section 1141.1 of this title. When the fee is paid by a person
210384 making application directly with the Tax Commission or Corporation
211385 Commission, as applicable, the registration fees shall be in the
212386 same amount as provided for motor license agents and the fee
213387 provided by Section 1141.1 of this title shall be deposited in the
214388 Oklahoma Tax Commission Revo lving Fund or as provided in Section
215389 1167 of this title, as applicable. The Tax Commission shall prepare
216390 schedules of registration fees and charges for titles which shall
217391 include the fees for such agents and all fees and charges paid by a
218392 person shall be listed separately on the application and
219393 registration and totaled on the application and registration. The
220394 motor license agents shall charge only such fees as are specifically
221395 provided for by law, and all such authorized fees shall be posted in
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224396 such a manner that any person shall have notice of all fees that are
225397 imposed by law.
226-
227398 I. H. No person shall be appointed as a motor license agent
228399 unless the person has attested under oath that the person is not
229400 related by affinity or consanguinity within the third d egree to:
230-
231401 1. Any member of the Oklahoma Tax Commission; or
232-
233402 2. Any employee of the Tax Commission.
234-
235403 J. I. Any motor license agent appointed under the provisions of
236404 this title shall be responsible for all costs incurred by the Tax
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237431 Commission when relocatin g an existing motor license agency. The
238432 Tax Commission may waive payment of such costs in case of unforeseen
239433 business or emergency conditions beyond the control of the agent.
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241434 SECTION 2. AMENDATORY 47 O.S. 2011, Section 1142, is
242435 amended to read as follows:
243-
244436 Section 1142. A. There is hereby created as an official
245437 depository of the Oklahoma Tax Commission a special agency account.
246438 The Tax Commission is hereby authorized and directed to assign an
247439 appropriate and distinctive number o r designation for the account
248440 herein created which shall be designated the Oklahoma Tax Commission
249441 Motor License Agent Account. The Tax Commission shall assign an
250442 appropriate and distinctive subaccount number or designation for
251443 each motor license agent. Every motor license agent appointed under
252444 the provisions of the Oklahoma Vehicle License and Registration Act
253445 shall safeguard and preserve, in the manner herein required, all
254446 monies paid to such agent which the agent is bound to account for
255447 and pay over to the Tax Commission.
256-
257448 B. Each motor license agent shall establish, in a bank or banks
258449 authorized to do a banking business in the state, such special
259450 agency account and at any time that the motor license agent
260451 accumulates a total amount of receipts of One H undred Dollars
261452 ($100.00) or more then such motor license agent shall deposit within
262453 a period of one (1) banking business day after the close of
263454 business, all receipts which the agent is obligated to account for
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264481 and remit to the Tax Commission in the design ated Oklahoma Tax
265482 Commission Motor License Agent Account and no such monies shall be
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268483 deposited in any other banks or other depositories unless the said
269484 bank accounts are maintained by the Tax Commission. Provided that,
270485 where a motor license agent is doing business in a municipality
271486 where there is no bank located, such motor license agent shall have
272487 a period of three (3) banking business days after the close of
273488 business to make such deposits. Advice of deposit receipts or
274489 duplicate deposit receipts, in a f orm and in an amount prescribed by
275490 the Tax Commission, shall be obtained and preserved as directed by
276491 the Tax Commission. One shall be retained by the agent, and one
277492 shall be immediately forwarded to the Tax Commission. Withdrawals
278493 or transfers from such Oklahoma Tax Commission Motor License Agent
279494 Account shall be made only by the duly authorized agent of the Tax
280495 Commission. That part of the agent's fees to be retained by the
281496 agent as the agent's personal compensation shall not be deposited in
282497 said Oklahoma Tax Commission Motor License Agent Account.
283-
284498 Each motor license agent shall submit the appropriate reports
285499 designated by the Tax Commission to properly account for all funds,
286500 regardless of source, received by a motor license agent in the
287501 performance of the agent's duties. Reports shall cover a period
288502 from the first day of the month to the fifteenth day of the month
289503 and from the sixteenth day of the month to the last day of the
290504 month. It shall be the responsibility of the motor license agent to
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291531 mail or deliver such reports and all documents of all transactions
292532 to the Tax Commission within a time period to be established by the
293533 Tax Commission.
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295534 C. Motor license agents shall deposit in such account all
296535 monies, taxes and fees collected and received by them as such
297536 agents, which they are obligated to account for and remit to the Tax
298537 Commission, and it is specifically required that checks or similar
299538 instruments accepted or received by such agents for taxes or fees
300539 must be deposited in such account, less any am ount provided by this
301540 act that the agents are entitled to retain as fees.
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303541 No motor license agent shall withdraw any funds from the agent's
304542 motor license agent account. All checks, drafts, orders and
305543 vouchers so deposited shall bear an endorsement to the m otor license
306544 agent account which endorsement shall include the assigned account
307545 number and the agent's subaccount number. Items deposited shall be
308546 credited at par and should payment be refused on any such check,
309547 draft, order or voucher, or should the same prove otherwise
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312548 worthless, the amount thereof shall not be charged by the Tax
313549 Commission against the individual subaccounts of the agent. The
314550 agent shall continue to attempt to require proper payment of all
315551 such worthless items, but shall not be personal ly liable to the Tax
316552 Commission for their payment. The Tax Commission or agent shall
317553 charge the person issuing the check a fee of Twenty -five Dollars
318554 ($25.00) for each check to cover the costs of the processing of each
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319581 returned check, and all necessary tr avel expenses of collection, as
320582 provided by the State Travel Reimbursement Act; provided, such
321583 charge shall not be made unless efforts have been made to present
322584 such check, draft, order or voucher for payment a second time. Any
323585 motor license agent who col lects a dishonored check pursuant to the
324586 provisions of Section 1121 of this title shall also collect a fee of
325587 Twenty-five Dollars ($25.00) and shall be entitled to retain such
326588 fee.
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328589 D. Notwithstanding anything to the contrary, the Tax Commission
329590 shall continue to have the exclusive authority and standing to
330591 collect any taxes or other revenues owed to the State of Oklahoma or
331592 any political subdivision thereof pursuant to the provisions of the
332593 Motor Vehicle License and Registration Act.
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334594 E. It is specifically provided that nothing in this section
335595 shall be considered or construed as in any way affecting, relieving
336596 or relinquishing the liability of such agent to the Tax Commission
337597 for any monies collected by the agent and due the state or the
338598 liability of such agent or any surety on or under the agent's bond
339599 made to the Tax Commission.
340-
341600 Unless provided otherwise, any motor license agent who fails to
342601 comply with any provision of this section shall pay a penalty to be
343602 imposed by the Tax Commission. Monies collected for payment of the
344603 penalty shall be deposited to the credit of the General Revenue Fund
345604 of the State Treasury. Any motor license agent who pays a penalty
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346631 pursuant to this section shall not allocate his or her payment
347632 thereof as a part of his or her opera ting expenses, but shall use
348633 his or her personal funds for payment of the penalty. Such penalty
349634 shall be equal to one percent (1%) of the gross amount of the
350635 receipts received by the motor license agent for that particular day
351636 that the agent fails to depo sit all such funds required by this
352637 section or one percent (1%) of the gross amount of the receipts
353638 received by the motor license agent for the report period that the
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356639 agent fails to timely mail the required report or remit any excess
357640 agent funds as provide d in subsection B of this section. Such
358641 penalty shall be increased to three percent (3%) of the gross amount
359642 of the receipts received for that particular day if the motor
360643 license agent fails to fulfill any of said requirements within a
361644 period of five (5) days. Provided that such penalty shall be three
362645 percent (3%) of the gross amount of the receipts received by the
363646 motor license agent for the report period that the agent fails to
364647 timely mail the required report or remit any excess agent funds as
365648 provided in subsection B of this section if the motor license agent
366649 fails to fulfill these requirements within five (5) days.
367-
368650 The Tax Commission may waive the penalty for failing to timely
369651 file the accounting report required by this section if the Tax
370652 Commission finds that:
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372653 1. The funds to which the report applies have been properly
373654 deposited;
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375681 2. The failure to timely file the report was due to emergency
376682 conditions beyond the control of the agent; and
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378683 3. The report has been filed within a week of the date on whic h
379684 it was required to be filed.
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381685 It shall be the duty of the Tax Commission to discharge
382686 immediately any motor license agent who fails, neglects or refuses
383687 to comply with the provisions of this section.
384-
385688 SECTION 3. AMENDATORY 47 O.S. 2011, Section 1142.1, as
386689 amended by Section 4, Chapter 195, O.S.L. 2019 (47 O.S. Supp. 2020,
387690 Section 1142.1), is amended to read as follows:
388-
389691 Section 1142.1. A. It shall be unlawful for any motor license
390692 agent or any employee of such motor license agent to carry on a
391693 messenger service, courier service or pick up and delivery service
392694 for the recording of a security interest or for the registration of
393695 a motor vehicle or boat or a motor, or obtaining license plates and
394696 decals, or for the issuance of a certif icate of title for any motor
395697 vehicle or boat or motor. Provided, nothing in this subsection
396698 shall be construed to prevent a motor license agent or any employee
397699 of such motor license agent from performing such services for the
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400700 motor license agent's deposit ory bank, when the motor license agent
401701 or his employee goes to the agent's depository bank to deposit tax
402702 monies into the agent's designated Oklahoma Tax Commission Motor
403703 License Agent Account. After September 1, 1991, the Oklahoma Tax
404704 Commission shall not designate or assign a motor license agent more
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405731 than one active Oklahoma Tax Commission Motor License Agent Account.
406732 Accounts designated prior to September 1, 1991, may remain active.
407-
408733 B. It shall be unlawful for any motor license agent to
409734 compensate in any manner a messenger service, courier service or
410735 pick up and delivery service or any one attempting to provide
411736 messenger service, courier service or pick up and delivery service
412737 for recording a security interest or for the registration of a motor
413738 vehicle or boat or motor, or obtaining license plates and decals, or
414739 for the issuance of a certificate of title for any motor vehicle or
415740 boat or motor.
416-
417741 C. A motor license agent who violates the provisions of this
418742 section shall be subject to a fine of Two Thousan d Dollars
419743 ($2,000.00) per occurrence and shall be removed immediately by the
420744 Oklahoma Tax Commission .
421-
422745 SECTION 4. AMENDATORY 75 O.S. 2011, Section 250.4, as
423746 last amended by Section 214, Chapter 408, O.S.L. 2019 (75 O.S. Supp.
424747 2020, Section 250.4), is amended to read as follows:
425-
426748 Section 250.4. A. 1. Except as is otherwise specifically
427749 provided in this subsection, each agency is required to comply with
428750 Article I of the Administrative Procedures Act.
429-
430751 2. The Corporation Commission s hall be required to comply with
431752 the provisions of Article I of the Administrative Procedures Act
432753 except for subsections A, B, C and E of Section 303 of this title
433754 and Section 306 of this title. To the extent of any conflict or
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434781 inconsistency with Article I of the Administrative Procedures Act,
435782 pursuant to Section 35 of Article IX of the Oklahoma Constitution,
436783 it is expressly declared that Article I of the Administrative
437784 Procedures Act is an amendment to and alteration of Sections 18
438785 through 34 of Article IX of the Oklahoma Constitution.
439-
440786 3. The Oklahoma Military Department shall be exempt from the
441787 provisions of Article I of the Administrative Procedures Act to the
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444788 extent it exercises its responsibility for military affairs.
445789 Military publications, as defined in Section 801 of Title 44 of the
446790 Oklahoma Statutes, shall be exempt from the provisions of Article I
447791 and Article II of the Administrative Procedures Act, except as
448792 provided in Section 251 of this title.
449-
450793 4. The Oklahoma Ordnance Works Authority, the Nort heast
451794 Oklahoma Public Facilities Authority, the Oklahoma Office of
452795 Homeland Security and the Board of Trustees of the Oklahoma College
453796 Savings Plan shall be exempt from Article I of the Administrative
454797 Procedures Act.
455-
456798 5. The Transportation Commission and t he Department of
457799 Transportation shall be exempt from Article I of the Administrative
458800 Procedures Act to the extent they exercise their authority in
459801 adopting standard specifications, special provisions, plans, design
460802 standards, testing procedures, federally imposed requirements and
461803 generally recognized standards, project planning and programming,
462804 and the operation and control of the State Highway System.
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464831 6. The Oklahoma State Regents for Higher Education shall be
465832 exempt from Article I of the Administrative P rocedures Act with
466833 respect to:
467-
468834 a. prescribing standards of higher education,
469-
470835 b. prescribing functions and courses of study in each
471836 institution to conform to the standards,
472-
473837 c. granting of degrees and other forms of academic
474838 recognition for completion of the prescribed courses,
475-
476839 d. allocation of state-appropriated funds, and
477-
478840 e. fees within the limits prescribed by the Legislature.
479-
480841 7. Institutional governing boards within The Oklahoma State
481842 System of Higher Education shall be exempt from Article I of the
482843 Administrative Procedures Act.
483-
484844 8. a. The Commissioner of Public Safety shall be exempt from
485845 Sections 303.1, 304, 307.1, 308 and 308.1 of this
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488846 title insofar as it is necessary to promulgate rules
489847 pursuant to the Oklahoma Motor Carrier Safety and
490848 Hazardous Materials Transportation Act, to maintain a
491849 current incorporation of federal motor carrier safety
492850 and hazardous material regulations, or pursuant to
493851 Chapter 6 of Title 47 of the Oklahoma Statutes, to
494852 maintain a current incorporation of federal commercial
495853 driver license regulations, for which the Commissioner
496854 has no discretion when the state is mandated to
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497881 promulgate rules identical to federal rules and
498882 regulations.
499-
500883 b. Such rules may be adopted by the Commissioner and
501884 shall be deemed promulgated twenty (20) days a fter
502885 notice of adoption is published in "The Oklahoma
503886 Register". Such publication need not set forth the
504887 full text of the rule but may incorporate the federal
505888 rules and regulations by reference.
506-
507889 c. Such copies of promulgated rules shall be filed with
508890 the Secretary as required by Section 251 of this
509891 title.
510-
511892 d. For any rules for which the Commissioner has
512893 discretion to allow variances, tolerances or
513894 modifications from the federal rules and regulations,
514895 the Commissioner shall fully comply with Article I of
515896 the Administrative Procedures Act.
516-
517897 9. The Council on Judicial Complaints shall be exempt from
518898 Section 306 of Article I of the Administrative Procedures Act, with
519899 respect to review of the validity or applicability of a rule by an
520900 action for declaratory judgme nt, or any other relief based upon the
521901 validity or applicability of a rule, in the district court or by an
522902 appellate court. A party aggrieved by the validity or applicability
523903 of a rule made by the Council on Judicial Complaints may petition
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524930 the Court on the Judiciary to review the rules and issue opinions
525931 based upon them.
526-
527932 10. The Department of Corrections, State Board of Corrections,
528933 county sheriffs and managers of city jails shall be exempt from
529934 Article I of the Administrative Procedures Act with respect to:
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532-
533935 a. prescribing internal management procedures for the
534936 management of the state prisons, county jails and city
535937 jails and for the management, supervision and control
536938 of all incarcerated prisoners, and
537-
538939 b. prescribing internal management procedures for the
539940 management of the probation and parole unit of the
540941 Department of Corrections and for the supervision of
541942 probationers and parolees.
542-
543943 11. The State Board of Education shall be exempt from Article I
544944 of the Administrative Procedures Act with respect to prescr ibing
545945 subject matter standards as provided for in Section 11 -103.6a of
546946 Title 70 of the Oklahoma Statutes.
547-
548947 B. As specified, the following agencies or classes of agency
549948 activities are not required to comply with the provisions of Article
550949 II of the Administrative Procedures Act:
551-
552950 1. The Oklahoma Tax Commission , except as provided in
553951 subsection G of Section 1140 of Title 47 of the Oklahoma Statutes ;
554-
555952 2. The Commission for Human Services;
556-
557953 3. The Oklahoma Ordnance Works Authority;
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559980 4. The Corporation Commission ;
560-
561981 5. The Pardon and Parole Board;
562-
563982 6. The Midwestern Oklahoma Development Authority;
564-
565983 7. The Grand River Dam Authority;
566-
567984 8. The Northeast Oklahoma Public Facilities Authority;
568-
569985 9. The Council on Judicial Complaints;
570-
571986 10. The Board of Trustees of the Oklah oma College Savings Plan;
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575987 11. The supervisory or administrative agency of any penal,
576988 mental, medical or eleemosynary institution, only with respect to
577989 the institutional supervision, custody, control, care or treatment
578990 of inmates, prisoners or patients the rein; provided, that the
579991 provisions of Article II shall apply to and govern all
580992 administrative actions of the Oklahoma Alcohol Prevention, Training,
581993 Treatment and Rehabilitation Authority;
582-
583994 12. The Board of Regents or employees of any university,
584995 college, or other institution of higher learning;
585-
586996 13. The Oklahoma Horse Racing Commission, its employees or
587997 agents only with respect to hearing and notice requirements on the
588998 following classes of violations which are an imminent peril to the
589999 public health, safety and welfare:
1000+a. any rule regarding the running of a race,
1001+b. any violation of medication laws and rules,
5901002
591-a. any rule regarding the running of a race,
592-
593-b. any violation of medicatio n laws and rules,
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5941027
5951028 c. any suspension or revocation of an occupation license
5961029 by any racing jurisdiction recognized by the
5971030 Commission,
598-
5991031 d. any assault or other destructive acts within
6001032 Commission-licensed premises,
601-
6021033 e. any violation of prohibited devices, laws and rules,
6031034 or
604-
6051035 f. any filing of false information;
606-
6071036 14. The Commissioner of Public Safety only with respect to
6081037 driver license hearings and hearings conducted pursuant to the
6091038 provisions of Section 2 -115 of Title 47 of the Oklahoma Statutes;
610-
6111039 15. The Administrator of the Department of Securities only with
6121040 respect to hearings conducted pursuant to provisions of the Oklahoma
6131041 Take-over Disclosure Act of 1985;
614-
6151042 16. Hearings conducted by a public agency pursuant to Section
6161043 962 of Title 47 of the Oklahoma Statutes;
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619-
6201044 17. The Oklahoma Military Department;
621-
6221045 18. The University Hospitals Authority, including all hospitals
6231046 or other institutions operated by the University Hospitals
6241047 Authority;
625-
6261048 19. The Oklahoma Health Care Authority Board and the
6271049 Administrator of the Oklahoma Health Care Authority; and
628-
6291050 20. The Oklahoma Office of Homeland Security.
630-
6311051 SECTION 5. This act shall become effective November 1, 2021.
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635-Passed the Senate the 19th day of May, 2021.
1078+Passed the Senate the 11th day of March, 2021.
6361079
6371080
6381081
6391082 Presiding Officer of the Senate
6401083
6411084
642-Passed the House of Representatives the 25th day of May, 2021.
1085+Passed the House of Representatives the ____ day of __________,
1086+2021.
6431087
6441088
6451089
6461090 Presiding Officer of the House
6471091 of Representatives
6481092
649-OFFICE OF THE GOVERNOR
650-Received by the Office of the Governor this _______ _____________
651-day of _________________ __, 20_______, at _______ o'cl ock _______ M.
652-By: _________________________________
653-Approved by the Governor of the State of Oklahoma this _____ ____
654-day of _________________ __, 20_______, at _______ o'clock _______ M.
6551093
656- _________________________________
657- Governor of the State of Oklahom a
658-
659-
660-OFFICE OF THE SECRETARY OF STATE
661-Received by the Office of the Secretary of State this _______ ___
662-day of __________________, 20 _______, at _______ o'clock _______ M.
663-By: _______________________________ __