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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 622 By: Hall
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 2-106, as amended by Section 28,
Chapter 282, O.S.L. 2022 , and 2-108.3, as amended by
Section 29, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Sections 2-106 and 2-108.3), which relate to
Driver License Services Division and vehicle
ownership; modifying certain title; amending Sections
1, 2, 3, 4, 6, 7, 8, and 10, Chapter 282, O.S.L. 2022
(47 O.S. Supp. 2022, Sections 3-101, 3-102, 3-103, 3-
104, 3-106, 3-107, 3-108, and 3-110), which relate to
creation of Service Oklahoma, de finitions, powers and
duties of Director, operator board, Service Oklahoma
Revolving Fund, records, interagency agreements, and
administering oaths; modifying definition; making
Service Oklahoma a separate and distinct agency;
directing Service Oklahoma and Executive Director of
Service Oklahoma to continue to exercise statutory
powers, duties, and responsi bilities; requiring
certain transfer of property; providing for
succession to contractual rights and
responsibilities; requiring Executive Director to
adopt and enforce certain rules and autho rizing
further rulemaking authority; authorizing executi on
of certain agreement; requiring consent of employe es
prior to transfer; providing certain protections
relating to salary, leave, time earned, and benefits;
requiring transfer of personnel to be coo rdinated
with Office of Management and Enterprise Servic es;
requiring Service Oklahoma to pay certain expense s;
abolishing certain division within the Office of
Management and Enterp rise Services upon completion of
transfer; directing certain coordination; providing
for certain transfers; modifying certain title;
amending 47 O.S. 2021, Section s 6-102, as last
amended by Section 39, Chapter 282, O.S.L. 2022 , 6-
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117, as amended by Se ction 57, Chapter 282, O.S.L.
2022, and 1140, as amended by Section 174, Chapter
282, O.S.L. 2022 (47 O.S. Supp. 2022, Sections 6-102,
6-117, and 1140), which relate to persons exempt,
records to be kept, and q ualifications; modifying
certain title; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2-106, as
amended by Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 2-106), is amended to read as follow s:
Section 2-106. A. There are hereby established in Service
Oklahoma the Driver License Services Division and other such
divisions as the Executive Director of Service Oklahoma may direct.
There are also hereby established in the Department of Public S afety
the Driver Compliance Division and such other divisions as the
Commissioner of Public Safety may direct.
B. The Driver License Services Division shall consist of
noncommissioned classified employees of Service Oklahoma who may
administer tests for t he purpose of issuing driver licenses pursuant
to Section 6-101 et seq. of this title.
C. Any employee appointed to the position of Driver License
Examiner shall be not less than twenty-one (21) nor more than sixty-
five (65) years of age and any person appointed to the position of
Senior Driver License Examiner shall have held the position of
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Driver License Examiner with the Department or Service Oklahoma for
not less than three (3) years immediately preceding such
appointment.
D. 1. Any person appointed to any position created pursuant to
this section shall:
a. be a citizen of the S tate of Oklahoma,
b. be of good moral character,
c. possess a high school diploma or General Educational
Development equivalency certificate, and
d. meet physical and men tal standards as the Executive
Director of Service Oklahoma may prescribe. The scope
of the physical and mental examinations for persons
appointed as a Driver License Examiner or Senior
Driver License Examiner shall be as prescribed by the
Executive Director of Service Oklahoma.
2. Any person appointed to the position of Driver License
Examiner shall be required to satisfactorily complete satisfactorily
a course of training as prescribed by the Executive Director of
Service Oklahoma.
E. Drunkenness, being under the influence of an intoxicating
substance or any conduct not becoming an offic er or public employee
shall be sufficient grounds for the removal of any employ ee
appointed pursuant to this section.
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F. The annual salaries of personnel comprising this section
shall be in accordance and conformity with the findings for
Department of Public Safety law enforcement personnel of the State
of Oklahoma Total Remuneratio n Study of 2013.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 2 -108.3, as
amended by Section 29, Chapter 282, O.S.L. 2022 (47 O.S . Supp. 2022,
Section 2-108.3), is amended to rea d as follows:
Section 2-108.3. A. In an effort to improve the public safety
of all citizens of this state, a more uniform and expeditious method
of obtaining ownership and registration information of all motor
vehicles operating on the roads and highways of this state is
required. Any method developed shall be conducted in accordance
with subsection B of this section.
B. In addition to the powers and duties prescribed by law, the
Executive Director of Service Oklahoma shall be authorized to direct
Service Oklahoma to develop a proposal for an intergovernmental
cooperative agreement pursuant to paragraph 1 of subsection D of
Section 1221 of Title 74 of the Oklahoma Statutes between Service
Oklahoma and all tribal governments that issue tribal license plates
and maintain ownership and registration information.
SECTION 3. AMENDATORY Section 1, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Section 3-101), is amended to read as
follows:
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Section 3-101. A. Service Oklahoma, a division of the Office
of Management and Enter prise Services, is hereby created, which
shall consist of the Executive Director of Service Oklahoma and such
divisions, sections, committees, offices, board s, and positions as
may be established by the Executive Director of Service Oklahoma or
by law.
The applicable powers, duties, and responsibilities exercised by
the Driver License Services Division of the Depa rtment of Public
Safety shall be fully transferred to Ser vice Oklahoma on November 1,
2022. All employees of the Department of Public Safety whose duties
are transferred under this act shall be transferred to Ser vice
Oklahoma.
The applicable powers, dutie s, and responsibilities exercised by
the Motor Services D ivision of the Oklahoma Tax Commission shall be
fully transferred to Service Oklahoma on January 1, 2023. All
employees of the Oklahoma Tax Commission whos e duties are
transferred under this act sha ll be transferred to Service Oklahoma.
B. 1. Beginning on the effective date of this act, Service
Oklahoma shall cease to be part of or a division of the Office of
Management and Enter prise Services and shall be deemed to b e a
separate and distinct agenc y, to be known as Service Oklahoma.
Service Oklahoma and the Executive Director of Service Oklahoma
shall continue to exercise their statutory powers, duties, and
contractual responsibilities. All records, property, equipmen t,
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assets, monies, financial interests, liabilities, matters pending,
and funds of the division shall be transferred to Service Oklahoma.
2. Service Oklahoma shall succeed to any contractual rights or
responsibilities incurred by the Office of Management and Enterprise
Services pertaining to licensed operators.
3. Rules promulgated by the Office of Management and Enter prise
Services pertaining to Service Oklahoma that are in effect on the
effective date of this act shall be immediately adopted and enforce d
by the Executive Director of Service Oklahoma. The Executive
Director maintains the au thority to further promulgate and enforce
rules.
4. The Office of Management and Enterprise Services and Service
Oklahoma may enter into an agreement for th e transfer of personnel
from the Office of Management and Enterprise Services to Service
Oklahoma. No employee shall be transferred to Service Oklahoma
except on the freely given written consent of the employee. All
employees who are transferred to Service Oklahoma shall not be
required to accept a lesser grade or salary than presently received.
All employees shall retain leave, sick, and annual time earned, and
any retirement and longevity benefits which have accrued during
their tenure with the Office of Management and Enterprise Services.
The transfer of personnel between the sta te agencies shall be
coordinated with the Office of Management and En terprise Services.
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5. The expenses incurred by Service Oklahoma as a result of the
transfer required by this subsec tion shall be paid by Service
Oklahoma.
6. The division within the Department known as Service Oklahoma
shall be abolished by the Office of Management and Enterprise
Services after the transfer has been completed.
7. The Office of Management and Enterpri se Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstand ing
financial obligations, or encumbrances provided for in this
subsection.
SECTION 4. AMENDATORY Section 2, Chapter 282 , O.S.L.
2022 (47 O.S. Supp. 2022, Section 3 -102), is amended to read as
follows:
Section 3-102. As used in this act:
1. “Board” shall mean the Service Oklahoma Operator Board;
2. “Committee” shall mean the Licensed Operator Advisory
Committee;
3. “Executive Director” shall mean the chief executive officer
of Service Oklahoma;
4. “Good standing” shall mean a licensed operator is current on
all required reporting and remi ttances and whose license is not
under review for revocation by the Service Oklahom a Operator Board;
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5. “License” shall mean the authority granted by the Service
Oklahoma Operator Board to an individual for purposes of operating a
Service Oklahoma location;
6. “Licensed operator” shall mean an individual who obtains a
license from the Service Oklahoma Operator Board to operate a
designated Service Oklahoma location and offers third-party
fulfillment of designated services to be rendered by Service
Oklahoma, as set forth in Section 114 0 et seq. of Title 47 of the
Oklahoma Statutes. Any reference to motor license agent in the
Oklahoma Statutes shall mean licensed operator; and
7. “Service Oklahoma location” shall mean any location where
services offered by Service Oklahoma are provided including
locations operated by either Service Oklahoma or pursuant to a
license issued by Ser vice Oklahoma.
SECTION 5. AMENDATORY Section 3, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Section 3 -103), is amended to read as
follows:
Section 3-103. A. The Executive Director of Service Oklahoma
shall be appointed by the Governor with the advice and consent of
the Senate. The Executive Director shall serve at the pleasure of
the Governor and may be removed or replaced withou t cause.
Compensation for the Executive Director shall be determined pursuant
to Section 3601.2 of Title 74 of the Oklahoma Statutes. The
Executive Director may be removed from office by a two-thirds (2/3)
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vote of the members elected to and constituting each chamber of the
Oklahoma Legislature.
B. The Executive Director of Service Oklahoma shall be the
chief executive officer of Service Oklahoma and shall act for
Service Oklahoma in all matters except as may be otherwise provided
by law. The powers and duties of the Executive Director shall
include, but not be limited to:
1. Organize Service Oklahoma in a manner to efficiently achieve
the objectives of Service Oklahoma;
2. Supervise all activities of Service Oklahoma;
3. Administer programs and policies of Service Oklahoma;
4. Employ, discharge, appoint, contract, and fix duties and
compensation of employees at th e discretion of the Executive
Director;
5. Appoint assistants, deputies, officers, investigators,
attorneys, and other employees as may be necessary to carry out
functions of Service Oklahoma;
6. Prescribe rules and regulations for the operation of Service
Oklahoma;
7. Provide input and recommendations to the Service Oklahoma
Operator Board on all matters including branding and physical
standardization requirements, customer service metrics, analysis,
and improvement processes for licensed operators, and processes for
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termination of licensed operators for failure to comply with the
customer service metrics;
8. Establish internal policies and procedures;
9. Prescribe and provide suitable forms deemed necessary to
carry out the functions of Service Oklahoma and any other laws the
enforcement and administration of which are vested in Service
Oklahoma;
10. Establish such divisions, sections , committees, advisory
committees, offices, and positions in Service Oklahoma as the
Executive Director deems necessary to carry out the functions of
Service Oklahoma;
11. Accept and disburse grants, allotments, gifts, devises,
bequests, funds, appropriations , and other property made or offered
to Service Oklahoma; and
12. Create the budget for Service Oklahoma to be submitted to
the Legislature each year.
C. The salary and other expenses for the Executive Director
shall be budgeted as a separate line item through the Office of
Management and Enterprise Services Service Oklahoma. The operating
expenses of Service Oklahoma shall be set by the Executive Director
and shall be budgeted as a separate line item through the Office of
Management and Enterprise Services Service Oklahoma.
D. 1. The Executive Director of Service Oklahoma shall direct
all purchases, hiring, pro curement, and budget for Service Oklahoma
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of the Office of Management and Enterprise Services and establish,
implement, and enforce policies and procedures related thereto,
consistent with the Oklahoma Central Purchasing Act. Service
Oklahoma and the Executive Director shall be subject to the
requirements of the Public Competitive Bidding Act of 1974, the
Oklahoma Lighting Energy Conservation Act, and the Public Building
Construction and Planning Act.
2. The Executive Director of Service Oklahoma, or any emp loyee
or agent of the Executive Director of Service Oklahoma acting within
the scope of delegated authority, shall have the same power and
authority related to purchases, hiring, procurement, and b udget for
Service Oklahoma as outlined in paragraph 1 of th is subsection for
Service Oklahoma as the State Purchasing Director has for all
acquisitions used or consumed by state agenc ies as established in
the Oklahoma Central Purchasing Act. Such authority shall,
consistent with the authority granted to the State Purchasing
Director pursuant to Section 85.10 of Title 74 of the Oklahoma
Statutes, include the power to designate financial or proprietary
information submitted by a bidder confidential and rejec t all
requests to disclose the information so designated, i f the Executive
Director of Service O klahoma requires the bidder to submit the
financial or proprietary information with a bid, proposa l, or
quotation.
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SECTION 6. AMENDATORY Section 4, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Section 3-104), is amended to read as
follows:
Section 3-104. A. There is hereby created the Service Oklahoma
Operator Board, which shall be an advisory body to the Executive
Director of Service Oklahoma and shall consist of nine (9) members
who shall each serve a term of two (2) years.
B. The membership of the Board shall be comprised as follows:
1. Two members appointed by the Governor;
2. Two members appointed by the President Pro Tempore o f the
Oklahoma State Senate;
3. Two members appointed by the Speaker of the Oklahoma House
of Representatives;
4. One member who shall be a licensed operator, currently in
good standing with Service Oklahoma, who operates a Service Oklahoma
location in a county with a population of one hundred thousand
(100,000) or more, according to the latest Federal Decennial Census
data, who shall be appointed by the President Pro Te mpore of the
Senate;
5. One member who shall be a licensed operator, currently in
good standing with Service Oklah oma, who operates a Service Ok lahoma
location in a county with a population of less than one hundred
thousand (100,000), according to the latest Federal Decennial Census
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data, who shall be appointed by the Speaker of the House of
Representatives; and
6. One member who shall be t he Executive Director of Service
Oklahoma or a person designated by the Executive Director.
C. 1. Appointments to the initial Ser vice Oklahoma Operator
Board shall be made within forty-five (45) days of the effective
date of this act May 19, 2022.
2. The Executive Director of Service Oklahoma shall make th e
initial appointment to fill the position of chair of the Licensed
Operator Advisory Committee. This appointee shall only serve until
the chair of the Licensed Operator Advisory Committee is determined.
3. Each member shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
4. Any member of the Boar d shall be prohibited from voting on
any issue in which the member has a direct financial interest.
D. The Board shall have the power and duty to:
1. Approve guidelines, objectives, and performance standards
for licensed operators;
2. Establish branding and physical standardization
requirements, with the input and recommendation of the Executive
Director of Service Oklahoma;
3. Establish customer service met rics, analysis, and
improvement processes for licensed operators, and processes for
termination of licensed operators for failure to comply with the
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customer service metrics, with the input and recommendat ion of the
Executive Director of Service Oklahoma;
4. Make recommendations to the Executive Director of Service
Oklahoma on all matters related to licensed operators;
5. Assist Service Oklahoma in conducting periodic reviews
related to the goals, objecti ves, priorities, and policies relat ed
to licensed operators; and
6. Establish rules and qualifications for members of the
Licensed Operator Advisory Committee.
E. The Board shall hold meetings as necessary at a place and
time to be fixed by the Board . The Board shall elect, at its first
meeting, one member to serve as chair and one member to serve as
vice-chair. At the first meeting in each calendar year, the chair
and vice-chair for the ensuing year shall be elected by the Board.
Special meetings may be called by the chair or by four members of
the Board by delivery of written notice to each member of the Board.
F. A majority of the members of the Board shall constitute a
quorum for the transaction of business and taking any official
actions. Official action of the Board shall re quire a favorable
vote by a majority of the members present.
G. Members of the Board shall serve without compensation but
shall be reimbursed for expenses incurred in the performance of
their duties in accordance with the pro visions of the State Travel
Reimbursement Act.
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H. The Board shall act in accordance with the provisions of the
Oklahoma Open Records Act and the Administrative Procedures Act.
SECTION 7. AMENDATORY Section 6, Chapter 2 82, O.S.L.
2022 (47 O.S. Supp. 2022, Section 3-106), is amended to read as
follows:
Section 3-106. A. There is hereby created in the State
Treasury a revolving fund f or Service Oklahoma to be designated the
“Service Oklahoma Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations. All monies accruing
to the credit of said fund are hereby appropriated and shall be
budgeted and expended by Service Oklahoma for the restricted
purposes of the monies as prescribed by law . Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Executive
Director of the Office of Management and Enterprise Services for
approval and payment.
B. There is hereby created in the State Treasury a revol ving
fund for Service Oklahoma to be designated the “Service Oklahoma
Reimbursement Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of said fund are hereby ap propriated and shall be bu dgeted
and expended by Service Oklahoma for the restricted purposes of the
monies as prescribed by law. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
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filed as prescribed by l aw with the Executive Director of the Office
of Management and Enterprise Services for approval and payment.
C. There is hereby created in the State Treasury a revo lving
fund for Service Oklahoma, to be designated the “Service Oklahoma
Computer Imaging System Revolving Fund”. The fund shall be a
continuing fund not subject to fiscal year limitations. All monies
accruing to the credit of said fund are hereby appropr iated and
shall be budgeted and expended by Service O klahoma for the purpose
of implementing, developing, administering, and maintaining the
computer imaging system of Service Oklahoma. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed b y law with the Executive
Director of the Office of Management and En terprise Services for
approval and payment .
SECTION 8. AMENDATORY Section 7, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, S ection 3-107), is amended to read as
follows:
Section 3-107. A. All records of Service Oklahoma, other than
those declared by law to be confidential for the use of Service
Oklahoma, shall be open to public inspection during normal business
hours.
B. The records and files of Service Oklahoma concerning any
state tax law shall be considered confidential and privileged,
except as otherwise provided by law, and neither Service Oklahoma
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nor any employee engaged in the administration of Service Oklahoma
or charged with the custody of any such records or files nor any
person who may have secured information from Service Oklahoma shall
disclose any information obtained from the records or f iles or from
any examination or inspection of the premises or property of any
person.
C. The Executive Director shall supervise the maintenance of
all records of Service Oklahoma and shall adopt rules concerning the
destruction and retention of records. Records of Service Oklahoma
shall not be subject to the provisions of:
1. Sections 305 through 317 of Title 67 of the Oklahoma
Statutes or be transferred to the custody or control of the State
Archives Commission;
2. Section 590 of Title 21 of the Oklahoma Statut es; or
3. The Records Management Act, Sections 201 through 215 of
Title 67 of the Oklahoma Statutes.
In carrying out the powers and duties of Service Oklahoma, the
Executive Director may, pursuant to an adopted rule, order
destruction of records deemed to no longer be of value to Service
Oklahoma.
D. 1. The Executive Director may cause any or all records kept
by Service Oklahoma to be phot ographed, microphotographed,
photostatted, reproduced on film, or stored on computer storage
medium. The film or reproducing material shall be of durable
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material, and the device used to reproduce the records on the fil m
or reproducing material shall accu rately reproduce and perpetuate
the original records in all detail.
2. The photostatic copy, photograph, microphotograph,
photographic film, or computerized image of the original record
shall be deemed to be an original record for all purposes and shall
be admissible as evidence in all courts or administrative agencies.
A facsimile, exemplification, or certified copy thereof shall be
deemed to be a transcript, exemplification, or certified copy of the
original.
3. The photostatic copies, photographs, mic rophotographs,
reproduction on film, or computerized images shall be placed in
conveniently accessible files and provisions shall be made for
preserving, examining, and using copies, photographs,
microphotographs, reprod uctions on film, and computerized images.
The Executive Director is empowered to authorize the disposal,
archival storage, or the destruction of the original records or
papers.
SECTION 9. AMENDATORY Section 8, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Section 3 -108), is amended to read as
follows:
Section 3-108. A. The Executive Director may enter into
interagency agreements for the inspection, release, and disclos ure
of information contained in the records of Service Oklaho ma to the
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extent that the inspection, release, or disclosure is necessary and
appropriate.
B. The Executive Director may enter into interagency agreements
in order to administer the responsibilities pursu ant to the
provisions of this act, including, but not limited to, the receipt
of proceeds for the provision of services provided by Service
Oklahoma.
C. The Executive Director may enter into interagency agreements
with the Department of Public Safety to assume cont rol over the
operations or management and acquire ownership of any satellite
offices of the Department of Public Safety that provide driving
services.
SECTION 10. AMENDATORY Sectio n 10, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Se ction 3-110), is amended to read as
follows:
Section 3-110. A. Officers and employees of Service Oklahoma
designated by the Executive Director for the purpose of
administering the motor vehicle laws of this state are authorized to
administer oaths and ac knowledge signatures and shall do so without
fee.
B. The Executive Director and such officers of Service Oklahoma
as the Executive Director may designate are h ereby authorized to
prepare under the seal of Service Oklahoma and deliver upon request
a certified copy of any record of Service Oklahoma, charging a fee
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of Three Dollars ($3.00) for each record so certified, and every
such certified copy shall be admissi ble in any proceeding in any
court in like manner as the original thereof. A certification fee
shall be charged:
1. Only if the person requesting the record specifically
requests that the record be certified; and
2. In addition to the copying and reprod uction fees provided by
the Oklahoma Open Records Act and any other applicable law.
C. The Executive Director and such officers of Service Oklahoma
as the Executive Director may designate are hereby authorized to
provide at no charge a copy of any record required to be ma intained
by Service Oklahoma to any of the following government age ncies when
requested in the performance of official governmental duties:
1. The driver license agency of any other state;
2. Any court, district attorney, or municipal prosecutor in
this state or any other state;
3. Any law enforcement agency in this state or any other state
or any federal agency empowered by law to make arrests for public
offenses;
4. Any public school district in this state for purposes of
providing the Motor Vehicle Report of a currently employed school
bus driver or person making application for employment as a school
bus driver;
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5. The Department of Human Services for the purpose of
providing the Motor Vehicle Report to ascertain the suitability of
any person being considered by the Department of Human Services for
placement of a child in foster care or adoption of the child;
6. The Office of Juvenile Affairs for the purpose of providing
the Motor Vehicle Report to ascertain the suitability of any person
being considered by the Office of Juvenile Affairs for placement of
a child in foster care;
7. Any nonprofit provider exempt from federal income tax
pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, and contracted by the Developmental D isabilities
Services Division of the Oklahoma Department of Human Services; or
8. Any state agency in this state.
D. Any record required to be maintained by Service Oklahoma may
be released to any other entity free of charge when the release of
the record would be for the benefit of the public, as determined by
the Executive Director or a designee of the Executive Director.
E. The following records shall be provided by Service Oklahoma
to any authorized recipient, pursuant to the provisions of the
Driver’s Privacy Protection Act, 18 U.S.C., Sections 2721 through
2725, upon payment of the appropriate fees for the records:
1. A Motor Vehicle Report, as defined in Section 6-117 of Title
47 of the Oklahoma Statutes; and
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2. A copy of any driving record related to the Motor Vehicle
Report.
F. 1. The provisions of subsections B, D, and E of this
section and the Oklahoma Open Records Act shall not apply to the
release of personal information from any driving record of any
person. Such personal information shall be confidential except as
provided for in this subsection or in the provisions of the Driver’s
Privacy Protection Act, 18 U.S.C., Sections 2721 through 2725. Upon
written request to the Executive Director of Service Oklahoma by a
law enforcement agency or another state’s or country’s driver
licensing agency for personal information on a specific individual
as named or otherwise identified in the written request, to be used
in the official capacity of the agency, the Executive Director may
release such personal information to the agency pursuant to the
provisions of the Driver’s Privacy Protection Act, 18 U.S.C.,
Sections 2721 through 2725. Provided, the provisions of this
subsection or any other provision of this act shall not be construed
to keep audio or video recordings of Service Oklaho ma confidential
beyond any exception provided for in the Oklahoma Open Records Act.
2. For the purposes of this subsection, “personal information”
means information which identifies a person, including, but not
limited to, a photograph or image of the person in computerized
format, fingerprint image in computerized format, signature or
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signature in computerized format, Social Security number, residence
address, mailing address, and medical or disability information.
SECTION 11. AMENDATORY 47 O.S. 2021, Section 6 -102, as
last amended by Section 39, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-102), is amended to read as follows:
Section 6-102. A. A nonresident who is sixteen (16) years of
age or older may operate a motor vehicle in this state as authorized
by the class, restrictions, and endorsements specified on the
license, if the nonresident is:
1. Properly licensed in the home state or country to operate a
commercial or noncommercial motor vehicle and who has immediate
possession of a valid driver license issued by the home state or
country; or
2. A member of the Armed Forces of the United States or the
spouse or dependent of such member who has been issued and is in
possession of a valid driver license issued by an overseas component
of the Armed Forces of the Unit ed States.
B. A resident who is at least fifteen (15) years of age may
operate a vehicle in this state without a driver license, if the
resident is:
1. Operating a vehicle pursuant to subsection B of Section 6-
105 of this title; or
2. Taking the driving skills examination as required by Section
6-110 of this title, when accompanied by a Driver License Examiner
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of Service Oklahoma or by a designated examiner approved and
certified by Service Oklahoma.
C. Any person, while in the performance of official duties, may
operate any class of motor vehicle if the person possesses any class
of valid Oklahoma dr iver license or a valid driver license issued by
another state, if the pe rson is:
1. A member of the Armed F orces of the United States who is on
active duty;
2. A member of the military reserves, not including United
States reserve technician;
3. A member of the National Guard who is on active duty,
including National Guard military technicians;
4. A member of the National Guard who is on part-time National
Guard training, including National Guard military technicians; or
5. A member of the United St ates Coast Guard who is on active
duty.
D. The Executive Director of Service Oklahoma is hereby
authorized to adopt rules as may be necessary to enter into
reciprocity agreements with foreign countries. The rules shall
specify that the driver license standards of the foreign country
shall be comparable to those of this state . The rules shall also
require foreign drivers, who are operating a motor vehicle in
Oklahoma under such a reciprocity agreement, to comply with the
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compulsory motor vehicle liability insurance and financial
responsibility laws of this state.
SECTION 12. AMENDATORY 47 O. S. 2021, Section 6-117, as
amended by Section 57, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-117), is amended to read as follows:
Section 6-117. A. Service Oklahoma shall file every
application for a driver license or identification card received by
Service Oklahoma and shall maintain suitable indexes containing:
1. All applications denied and on each thereof note the reasons
for the denial;
2. All applications granted;
3. The name of every person whose driving privilege has been
suspended, revoked, canceled, or disqualified by Service Oklahoma
and after each such name note the reasons for the action. Any
notation of suspension of the driving privilege of a person for
reason of nonpayment of a fine shall be removed from the driving
record after the person has paid the fine and the dri ving privilege
of the person is reinstated as provided for by law;
4. The county of residence, the name, date of birth, and
mailing address of each person residing in that county who is
eighteen (18) years of age or older, and who is the holder of a
current driver license or a current identification card issued by
Service Oklahoma for the purpose of ascertaining names of all
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persons qualified for jury service as requi red by Section 18 of
Title 38 of the Oklahoma Statutes; and
5. The name, driver licen se number, and mailing address of
every person for the purpose of giving notice, if necessary, as
required by Section 2-116 of this title.
B. Service Oklahoma shall file all collision reports and
abstracts of court records of convictions re ceived by it pursuant to
the laws of this state and maintain convenient records of the
records and reports or make suitable notations in order that an
individual record of a person showing the convictions of the person
and the traffic collisions in which t he person has been involved
shall be readily ascertainable and available for the consideration
of Service Oklahoma upon any application for a driver license or
renewal of a driver license and at other suitable times. Any
abstract, index or other entry relating to a driving record
according to the licensing authority in another state or a province
of Canada may be posted upon the driving record of any resident of
this state when notice thereof is received by documentation or by
electronic transmission. The individual record of a person shall
not include any collision reports and abstracts of court records
involving a collision in which the person was not issued a citation
or if a citation is issued and the person was not convicted.
C. 1. Service Oklahoma may designate and is hereby authorized
to prepare under the seal of Service Oklahoma and deliver upon
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request a copy of any col lision report on file with the Department,
charging a fee of:
a. beginning on July 1, 2011, through June 30, 2013,
Fifteen Dollars ($15.00), of which Eight Dollars
($8.00) shall be deposited by the Commissioner to the
credit of the Department of Public Safety Revolving
Fund and, in addition to other purposes authorized by
law, the expenditures from that fund of monies derived
from the Eight Dollars ($8.00) pursuant to this
subparagraph shall be used to fund any Oklahoma
Highway Patrol Trooper Academy provided by the
Department of Public Safety. Any remaining funds
shall be deposited in an account to be utilized
exclusively for future expenses directly related to
the operation of an Oklahoma Highway Patrol Academy,
and
b. beginning on July 1, 2013, and any year thereafter,
Seven Dollars ($7.00).
However, Service Oklahoma shall not be required to furnish
personal information from the collision report which is contrary to
the provisions of the Driver’s Privacy Protection Act, 18 United
States Code, Sections 2721 through 2725.
2. Notwithstanding the provisions of pa ragraph 1 of this
subsection, Service Oklahoma is authorized to enter into contracts
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to supply information regarding vehicles reported to be involved in
collisions. For each vehicle, the information shall be limited to
that which only describes the vehicl e and the collision. Service
Oklahoma shall not be required to provide any information reg arding
the owner or operator of the vehicle or any information which would
conflict with Section 2-110 or Section 1109 of this title.
D. Service Oklahoma or any licensed operator upon request shall
prepare and furnish to any authorized person a Motor Vehicle Report
of any person subject to the provisions of the motor vehicle laws of
this state. However, Service Oklahoma shall not be required to
furnish personal information from a driving record contrary to the
provisions of the Driver’s Privacy Protection Act, 18 United States
Code, Sections 2721 through 2725. The Motor Vehicle Report shall be
a summary of the driving record of the person and shall include the
enumeration of any motor vehicle collisions, reference to
convictions for violations of motor vehicle laws, and any action
taken against the privilege of the person to operate a motor
vehicle, as shown by the files of Service Oklahoma for the three (3)
years preceding the date of the request. The Motor Vehicle Report,
to include any record or infor mation associated with the Motor
Vehicle Report, shall not be deemed a “public civil record” as
defined in Section 18 of Title 22 of the Oklahoma Statutes, and
shall not be subject to expungement. Service Oklahoma shall not be
required to release to any per son, in whole or in part and in any
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format, a driving index, as described in subsection A of this
section, except as otherwise provided for by law. For each Motor
Vehicle Report furnished by Service Oklahoma, Service Oklahoma shall
collect the sum of Twenty-five Dollars ($25.00), Twenty Dollars
($20.00) of which shall be deposited in the General Revenue Fund and
Five Dollars ($5.00) shall be deposited in the Department of Public
Safety Revolving Fund through October 31, 2022. Beginning November
1, 2022, the Five Dollars ($5.00) shall be deposited in the Service
Oklahoma Revolving Fund. For each Motor Vehicle Repo rt furnished by
a licensed operator, the licensed operator shall collect the sum of
Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which
shall be paid to the Oklahoma Tax Commission for deposit in t he
General Revenue Fund in the State Treasury, Five Dollars ($5.00)
shall be deposited in the Department of Public Safety Revolving Fund
and Two Dollars ($2.00) of which shall be retained by the licensed
operator through October 31, 2022. Beginning November 1, 2022, for
each Motor Vehicle Report furnished by a licensed operator, the
licensed operator shall collect the sum of Twenty-five Dollars
($25.00), Eighteen Dollars ($18.00) of which shall be paid to the
Oklahoma Tax Commission for deposit in the Gene ral Revenue Fund in
the State Treasury, Five Dollars ($5.00) shall be deposited in the
Service Oklahoma Revolving Fund, and Two Dollars ($2.00) shall be
retained by the licensed operator. Persons sixty-five (65) years of
age or older shall not be required to pay a fee for their own Motor
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Vehicle Report furnished by Service Oklahoma or a licensed operator.
For purposes of this subsection, a Motor Vehicle Report shall
include a report which indicates that no driving record is on file
with Service Oklahoma for the information received by Service
Oklahoma in the request for the Motor Vehicle Report.
E. Service Oklahoma may develop procedures where by an acting
agent of an employer or an employer of a person:
1. Who has a Class A, B, C or D driver license; and
2. Who operates a commercial, company-owned or personal motor
vehicle during the course of business in the course of his or her
employment with the employer, may automatically be notified,
pursuant to a fee schedule established by Service Oklahoma, should
the driving record o f a person reflect a traffic conviction in any
court or an administrative action by Service Oklahoma which alters
the status of the commercial driving privileges of the person, or
any other change to the driving status. The notification system
shall include electronic delivery of a Motor Vehicle Report at least
annually for any employee who is a commercial driver licensee or who
operates a commercial motor vehicle, as r equired by 49 C.F.R.,
Section 391.25, or who operates a company-owned or personal motor
vehicle during the course of business. All monies received by the
Commissioner of Public Safety and the officers and employees of the
Department pursuant to this subse ction shall be deposited in the
Department of Public Safety Restricted Revolving Fund through
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October 31, 2022. Beginning November 1, 2022, all monies received
by the Executive Director of Service Oklahoma and the officers and
employees of Service Oklahoma purs uant to this subsection shall be
deposited in the Service Oklahoma Revolving Fund. For each Motor
Vehicle Report furnished by Service Oklahoma, through the electronic
notification system, Service Oklahoma shall collect the sum of
Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which
shall be deposited in the General Revenue Fund in the State
Treasury. Five Dollars ($5.00) shall be deposited in the Department
of Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, for each Motor Vehicle Report furnished by Service
Oklahoma, through the electronic notification system, Service
Oklahoma shall collect the sum of Twenty-five Dollars ($25.00),
Eighteen Dollars ($18.00) of which shall be deposited in the General
Revenue Fund in the State Treasury, Five Dollars ($5.00) shall be
deposited in the Service Oklahoma Revolving Fund. Two Dollars
($2.00) shall be retained by Service Oklahoma or its authorized
agent for the purpose of development and maintenance of the
electronic notification system.
F. Service Oklahoma is authorized to establish a procedure for
reviewing the driving records of state residents who are existing
policyholders of any insurance company licensed to operate in this
state during specified periods of time and producing a report which
identifies the policyholders which have had violation and/or status
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changes to their driving records during such time period. Service
Oklahoma may sell such report to the insurance company or its agent
at a fee to be set b y Service Oklahoma. Any such report sold by
Service Oklahoma shall only consist of information otherwise
lawfully obtainable by the insurance company or its agent. The fee
shall be sufficient to recover all costs incurred by Service
Oklahoma and ensure that there will be no net revenue loss to the
state. Such fee shall be deposited in the Department of Public
Safety Revolving Fund through October 31, 2022. Beginning November
1, 2022, such fee shall be deposited in the Service Oklahoma
Revolving Fund.
G. All monies received by the Commissioner of Public Safety or
Service Oklahoma and the officers and employees of the Department
shall be remitted to the State Treasurer to be credited to the
General Revenue Fund in the State Treasury except as otherwise
provided for by law.
SECTION 13. AMENDATORY 47 O.S. 2021, Section 1140, as
amended by Section 174, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1140), is amended to r ead as follows:
Section 1140. A. The Service Oklahoma Operator Board shall
adopt rules prescribing minimum qualifications and requirements for
locating Service Oklahoma locations and for persons applying for a
license to operate a designated Service Oklahoma location. Such
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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 surety bond as provided
for by law;
5. That the applicant has not been convicted of a felony and
that no felony charges are pending against the applicant;
6. That the location specified in the individual’s application
for a license to operate a designated Service Oklahoma location not
be owned by a member of Service Oklahoma or an employee of Service
Oklahoma or any person related to a member of Service Oklahoma or an
employee of Service Oklahoma within the third degree by
consanguinity, marriage, or adoption and that the location not be
within a three-mile radius of an existing licensed operator unless
the applicant is assuming the location of an operating licensed
operator;
7. That a single website, designated by Service Oklahoma, will
be used for the distribution of services provided by Service
Oklahoma with motor vehicle services to be fulfilled by licensed
operators;
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8. That licensed operators will attend all required training
provided by Service Oklahoma; and
9. That there should be at least one Service Oklahoma location
in each county.
B. 1. Any person making application to the Service Oklahoma
Operator Board for the purpose of obtaining a license to operate a
designated Service Oklahoma location shall pay, when submitting the
application, a nonrefundable application fee of One Hundred Dollars
($100.00). All such application fees shall be deposited in the
Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023,
all such application fees shall be deposited in the Service Oklahoma
Revolving Fund.
2. Any person making application to the Service Oklahoma
Operator Board for the purpose of obtaining a license to oper ate a
designated Service Oklahoma location must meet standardization and
branding requirements established by the Service Oklahoma Operator
Board, upon recommendations from Service Oklahoma. Upon approval,
the person must either pay a fee to Service Oklah oma for all costs
related to meeting the standardization and branding requirements or
obtain approval from the Service Oklahoma Operator Board that the
location meets all standardization and branding requirements. All
such fees shall be deposited in the S ervice Oklahoma Revolving Fund.
The amount of the license fee will be determined by the Service
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Oklahoma Operator Board. This provision shall not apply to any
existing Service Oklahoma location.
C. Upon application by a person to serve as a licensed
operator, the Service Oklahoma Operator Board is authorized to make
a determination whethe r such person and such location meets meet the
criteria and guidelines established by the Service Oklahoma Operator
Board and, if such be the case, may issue a license to operate a
designated Service Oklahoma location.
D. 1. A licensed operator may be permitted, upon application,
to sell or transfer an existing license to operate a designated
Service Oklahoma location. Any sale or transfer o f a license is
subject to approval of the Service Oklahoma Operator Board. In
order to sell or transfer an existing licensed operator license, the
licensed operator shall meet the following guidelines and
requirements:
a. the licensed operator shall be in good standing with
the Service Oklahoma Operator Board,
b. the licensed operator shall have held a licensed
operator license, issued by the Service Oklahoma
Operator Board, for a minimum of five (5) years, and
c. the licensed operator shall provide the Service
Oklahoma Operator Board evidence that the proposed
buyer or transferee of the licensed operator licensee
meets the qualifications and requirements set forth in
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subsection A of this section, has the ability to meet
all financial requirements and terms of any current
existing contract between the licensed operator and
Service Oklahoma, and agrees to the onboarding and
training requirements of Service Oklahoma, as
established by Service Oklahoma and the Service
Oklahoma Operator Board.
2. The purchase price of a licensed operator license shall be
agreed upon by the licensed operator and the individual purchasing
the license to operate a designated Service Oklahoma location.
However, the purchaser or transferee agrees to pay a transfer fee to
Service Oklahoma in the amount of three percent (3%) of the last
annual gross revenue from fees retained at the Service Oklahoma
location to be purchased, not to exceed Fifteen Thousand Dollars
($15,000.00). The transfer fee shall be deposited in the Service
Oklahoma Revolving Fund.
3. Upon receipt of the application to sell or transfer an
existing licensed operator license, the Service Oklahoma Operator
Board will determine whether the licensed operator license may be
sold or transferred on the condition that the existing lo cation is
in good standing and the new licensee meets the requirements
outlined in Section 1140 et seq. of this title.
4. The Service Oklahoma Operator Board may, at its discretion,
buy back a licensed operator license from a licensed operator who
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desires to sell or transfer its licensed operator license but has
held a licensed operator license issued by Service Oklahoma for less
than five (5) years. The purchase price for such a license will be
one-half (1/2) times the most recent annual gross revenue from fees
retained of that Service Oklahoma location, not to exceed Two
Hundred Thousand Dollars ($200,000.00).
E. 1. Licensed operators shall be subject to all laws relating
to licensed operators and shall be subject to removal for cause by
the Service Oklahoma Operator Board. Any action taken by Service
Oklahoma to revoke a license shall be pursuant to and in accordance
with the provisions of the Administrative Procedures Act. For the
purposes of this section, “for cause” shall be defined as follows:
a. repeated violations of written contracts, rules,
regulations and statutes pertaining to licensed
operators after written warning by the Service
Oklahoma Operator Board and an opportunity to correct
such violations,
b. failure of the licensed operator to promptly remit
funds owed to Service Oklahoma upon written demand,
c. being charged with a felony crime involving dishonesty
or moral turpitude,
d. failure to timely file state and federal income tax
returns, or
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e. any act of official misconduct as set forth in Section
93 of Title 51 of the Okla homa Statutes.
In the event a license is revoked by the Service Oklahoma
Operator Board for cause, the Service Oklahoma location operated by
the licensed operator will be permanently closed and the licensed
operator shall not be entitled to any compensation.
Motor license agents and licensed operators in good standing as
of November 1, 2022, shall be exempt from the branding and physical
standardization requirements to be established by the Service
Oklahoma Operator Board, with the recommendation of the Executive
Director of Service Oklahoma.
2. A license to operate a designated Service Oklahoma location
may be revoked by the Service Oklahoma Operator Board for failure to
meet the standards for customer satisfaction established by the
Service Oklahoma Operator Board. In the event of revocation, the
licensed operator shall sell his or her license to operate a Service
Oklahoma location to Service Oklahoma at a rate of one-half (1/2)
times the most recent annual gross reve nue from fees retained of
that Service Oklahoma location, not to exceed Two Hundred Thousand
Dollars ($200,000.00).
F. All licensed operators shall be licensed by and under the
supervision of Service Oklahoma; provided, any agent authorized to
issue registrations pursuant to the International Registration Plan
shall also be under the supervision of the Corporation Commission,
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subject to rules promulgated by the Corporation Commission pursuant
to the provisions of subsection E of Section 1166 of this title.
Service Oklahoma shall be the holder of all licenses and has the
right to approve and revoke such licenses. After obtaining a
license, any such licensed operator shall furnish and file with
Service Oklahoma a bond in such amount as may be fixed by Service
Oklahoma. Such licensed operator shall be removable at the will of
Service Oklahoma. Such licensed operator 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 Service Oklahoma
Operator Board. Provided, Service Oklahoma may operate a Service
Oklahoma location in any county where a vacancy occurs, as
determined by Service Oklahoma.
G. In the event of a vacancy due to the death of a licensed
operator, the licensed operator’s designee or a licensed operator
location employee shall immediately notify Service Oklahoma. A
licensed operator may designate an individual to continue to operate
the Service Oklahoma location upon the death of the licensed
operator. The designee shall apply to obtain a license to operate
the vacant licensed operator location with the Service Oklahoma
Operator Board within thirty (30) days of the licensed operator’s
death. In the event that no designee is designated or that the
designee fails to apply to be a licensed operator with Service
Oklahoma within thirty (30) days, Service Oklahoma may take any and
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all action it deems appropriate in order to provide for the orderly
transition and the maintenance of operations of the Service Oklahoma
location, as permitted by law.
H. When an application for registration is made with Service
Oklahoma, the Corporation Commission or a licensed operator, 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 registration is made to the licensed
operator, such licensed operator 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 Service Oklahoma or the Corporation
Commission, as applicable, the registration fees shall be in the
same amount as provided for licensed operators 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 applicable. Beginning January 1, 2023, the fee provided
by Section 1141.1 of this title shall be deposited in the Service
Oklahoma Revolving Fund or as provided in Section 1167 of this
title, as applicable. Service Oklahoma shall prepare schedules of
registration fees and charges for titles which shall include the
fees for such licensed operators 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
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licensed operators 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 not ice of all fees that are
imposed by law.
I. Any licensed operator shall be responsible for all costs
incurred by Service Oklahoma when relocating an existing Service
Oklahoma location. The Service Oklahoma Operator Board may waive
payment of such costs in case of unforeseen business or emergency
conditions beyond the control of the licensed operator.
J. Any existing contracts by or between any motor license agent
and the Oklahoma Tax Commission shall be assigned to Service
Oklahoma. All existing motor license agents in good standing with
the Oklahoma Tax Commission will be offered a subsequent contract
from Service Oklahoma to become a licensed operator to take effect
on January 1, 2023. The contract between existing motor license
agents and Service Oklahoma shall be agreed to no later than
December 31, 2022. In the event an existing motor license agent
declines to enter into the subsequent contract with Service Oklahoma
to become a licensed operator, that motor license agent may continue
to conduct business pursuant to the existing contract through
December 31, 2025, so long as that motor license agent remains in
good standing with Service Oklahoma in accordance with the terms of
the existing contract.
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SECTION 14. This act shall become effe ctive November 1, 2023.
59-1-338 BG 1/17/2023 8:27:09 PM