Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB607 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 607 By: Rader of the Senate
7	37
8	38		and
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10	40		Pfeiffer of the House
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15	45		An Act relating to motor license agents; amending 47
16	46		O.S. 2011, Section 1140, as last amended by Section
17	47		2, Chapter 195, O.S.L. 2019 (47 O.S. Supp. 2020,
18	48		Section 1140), which relates to motor license
19	49		agencies; requiring certain number of agents within a
20	50		county; making requirement to establish additional
21	51		agencies in certain locations permissive; and
22	52		providing an effective date .
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27		-	SUBJECT: Motor vehicle agents
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	58		SECTION 1. AMENDATORY 47 O.S. 2011, Section 1140, as
32	59		last amended by Section 2, Chapter 195, O.S.L. 2019 (47 O.S. Supp.
33	60		2020, Section 1140), is amended to read as follows:
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35	61		Section 1140. A. The Oklahoma Tax Commission shall adopt rules
36	62		prescribing minimum qualifications and requirements for locating
37	63		motor license agencies and for persons applying for appointmen t as a
38	64		motor license agent. Such qualifications and requirements shall
39	65		include, but not be limited to, the following:
40		-
41	66		1. Necessary job skills and experience;
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43	94		2. Minimum office hours;
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46		-	ENR. S. B. NO. 607 Page 2
47	95		3. Provision for sufficient staffing, equipment, office space
48	96		and parking to provide maximum efficiency and maximum convenience to
49	97		the public;
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51	98		4. Obtainment of a faithful performance surety bond as provided
52	99		for by law;
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54	100		5. In counties with a population in excess of thirty thousand
55	101		(30,000) persons according to the latest F ederal Decennial Census, a
56	102		requirement that operation of a motor license agency be the primary
57	103		source of income for the agent;
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59	104		6. That the applicant has not been convicted of a felony and
60	105		that no felony charges are pending against the applicant;
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62	106		7. That a complete financial statement be submitted by the
63	107		applicant on forms provided by the Tax Commission;
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65	108		8. That a report of the applicant ’s credit history be obtained
66	109		through the appropriate credit bureau; and
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68	110		9. That the location specified in the applicat ion for
69	111		appointment as a motor license agent not be owned by a member of the
70	112		Oklahoma Tax Commission or an employee of the Oklahoma Tax
71	113		Commission or any person related to a member of the Oklahoma Tax
72	114		Commission or an employee of the Tax Commission within the third
73	115		degree by consanguinity or affinity and that the location not be
74	116		within a three-mile radius of an existing motor license agency
75	117		unless the applicant is assuming the location of an operating
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76	145		agency. If the applicant is assuming the location of an existing or
77	146		operating agency, the current agent may submit a letter of
78	147		resignation contingent upon the appointment of the applicant
79	148		regardless of the population of the municipality in which the agency
80	149		is located. The Tax Commission may, at its discretion , approve the
81	150		relocation of an existing agency within a three -mile radius of
82	151		another existing agency only if a naturally intervening geographic
83	152		barrier within that radius causes the locations to be separated by
84	153		not less than three (3) miles of roadway by t he most direct route.
85		-
86	154		B. After the necessary information has been forwarded to the
87	155		Tax Commission, the Tax Commission or its designees may select
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89		-	ENR. S. B. NO. 607 Page 3
90	156		applicants to be interviewed and each item of information shall be
91	157		reviewed.
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93	158		Any person making application to the Tax Commission for the
94	159		purpose of becoming a motor license agent shall pay when submitting
95	160		the application, a nonrefundable application fee of One Hundred
96	161		Dollars ($100.00). All such application fees shall be deposited in
97	162		the Oklahoma Tax Commission Revolving Fund.
98		-
99	163		C. Upon application by a person to serve as a motor license
100	164		agent, in such counties, the Tax Commission is authorized to make a
101	165		determination whether such person and such location meets the
102	166		qualifications and requirements prescribed herein and, if such be
103	167		the case, may appoint such person to serve as a motor license agent.
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105	195		D. A motor license agent, appointed pursuant to this
106	196		subsection, shall be permitted to operate a motor license agency at
107	197		a single location and shall be prohibited from o perating subagencies
108	198		or branch agencies.
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110	199		Motor license agents appointed pursuant to this section shall be
111	200		subject to all laws relating to motor license agents and shall be
112	201		subject to removal at the will of the Tax Commission.
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114	202		The Tax Commission shall appoi nt as many motor license agents as
115	203		it deems necessary to carry out the provisions of the Motor Vehicle
116	204		License and Registration Act. There shall be no less than one (1)
117	205		motor license agent located in a county of this state. Provided,
118	206		that in counties wit h a population in excess of twenty -five thousand
119	207		(25,000) persons, according to the latest Federal Decennial Census,
120	208		having only one motor license agent serving the county, the Tax
121	209		Commission shall may establish at least one additional agency to
122	210		serve the county.
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124	211		E. All motor license agents shall be self -employed independent
125	212		contractors and shall be under the supervision of the Tax
126	213		Commission; provided, any agent authorized to issue registrations
127	214		pursuant to the International Registration Plan shall also b e under
128	215		the supervision of the Corporation Commission, subject to rules
129	216		promulgated by the Corporation Commission pursuant to the provisions
130	217		of subsection E of Section 1166 of this title. Any such agent, upon
131	218		being appointed, shall furnish and file with t he Tax Commission a
132	219
133		-	ENR. S. B. NO. 607 Page 4
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134	246		bond in such amount as may be fixed by the Tax Commission. Such
135	247		agent shall be removable at the will of the Tax Commission. Such
136	248		agent shall perform all duties and do such things in the
137	249		administration of the laws of this state as shal l be enjoined upon
138	250		and required by the Tax Commission or the Corporation Commission.
139	251		Provided, the Tax Commission may operate a motor license agency in
140	252		any county where a vacancy occurs.
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142	253		F. In the event of a vacancy existing by reason of resignation,
143	254		removal, death or otherwise, in the position of any motor license
144	255		agent, the Tax Commission is hereby empowered and authorized to take
145	256		any and all actions it deems appropriate in order to provide for the
146	257		orderly transition and for the maintenance of operation s of the
147	258		motor license agency including but not limited to the designation of
148	259		one of its regular employees to serve as “acting agent” without
149	260		bond, and to receive and expend all fees or charges authorized or
150	261		provided by law and exercise the same powers and authority as a
151	262		regularly appointed motor license agent. An acting agent may be
152	263		authorized by the Tax Commission equally as the preceding agent to
153	264		make disbursements from any balances in the preceding motor license
154	265		agent’s operating account and the agent ’s operating funds for the
155	266		payment of expenses of operations and salaries and other overhead.
156	267		If such funds are insufficient, the Tax Commission is authorized to
157	268		expend from funds appropriated for the operation of the Tax
158	269		Commission such amounts as are nec essary to maintain and continue
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159	297		the operation of any such motor license agency until a successor
160	298		agent is appointed and qualified. The Tax Commission may require a
161	299		blanket fiduciary bond of the agency employees.
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163	300		G. Any motor license agency operated by a motor license agent
164	301		who has been charged with a felony shall be closed immediately. The
165	302		Tax Commission shall determine whether the motor license agency
166	303		shall be reopened and operated by the motor license agent. The
167	304		determination shall be effected as soon as possible to prevent
168	305		additional inconvenience to the public.
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170	306		H. When an application for registration is made with the Tax
171	307		Commission, Corporation Commission or a motor license agent, a
172	308		registration fee of One Dollar and seventy -five cents ($1.75) shall
173	309		be collected for each license plate or decal issued. Such fees
174	310		shall be in addition to the registration fees on motor vehicles and
175	311		when an application for registration is made to the motor license
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178	312		agent such motor license agent shall retain a fee as prov ided in
179	313		Section 1141.1 of this title. When the fee is paid by a person
180	314		making application directly with the Tax Commission or Corporation
181	315		Commission, as applicable, the registration fees shall be in the
182	316		same amount as provided for motor license agents and the fee
183	317		provided by Section 1141.1 of this title shall be deposited in the
184	318		Oklahoma Tax Commission Revolving Fund or as provided in Section
185	319		1167 of this title, as applicable. The Tax Commission shall prepare
186	320		schedules of registration fees and charges for titles which shall
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187	348		include the fees for such agents and all fees and charges paid by a
188	349		person shall be listed separately on the application and
189	350		registration and totaled on the application and registration. The
190	351		motor license agents shall charge only such fees as are specifically
191	352		provided for by law, and all such authorized fees shall be posted in
192	353		such a manner that any person shall have notice of all fees that are
193	354		imposed by law.
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195	355		I. No person shall be appointed as a motor license agent unless
196	356		the person has attested under oath that the person is not related by
197	357		affinity or consanguinity within the third degree to:
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199	358		1. Any member of the Oklahoma Tax Commission; or
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201	359		2. Any employee of the Tax Commission.
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203	360		J. Any motor license agent appointed under the provisi ons of
204	361		this title shall be responsible for all costs incurred by the Tax
205	362		Commission when relocating an existing motor license agency. The
206	363		Tax Commission may waive payment of such costs in case of unforeseen
207	364		business or emergency conditions beyond the cont rol of the agent.
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209	365		SECTION 2. This act shall become effective November 1, 2021.
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212		-	ENR. S. B. NO. 607 Page 6
213		-	Passed the Senate the 1st day of March, 2021.
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215		-
216		-
217		-	Presiding Officer of the Senate
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220		-	Passed the House of Representatives the 22nd day of April, 2021.
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224		-	Presiding Officer of the House
225		-	of Representatives
226		-
227		-	OFFICE OF THE GOVERN OR
228		-	Received by the Office of the Governor this _______ _____________
229		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
230		-	By: _______________________________ __
231		-	Approved by the Governor of the State of Oklahoma this _____ ____
232		-	day of ___________________, 20_______, at _______ o'clock _______ M.
233		-
234		-	_________________________________
235		-	Governor of the State of Oklahoma
236		-
237		-
238		-	OFFICE OF THE SECRETARY OF STATE
239		-	Received by the Office of the Secretary of State this _______ ___
240		-	day of __________________, 20 _______, at _______ o'clock _______ M.
241		-	By: _______________________________ __
	367	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
	368	+	04/15/2021 - DO PASS.