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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3405 By: Lowe, Dick
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 14-116, as amended by Section 9,
Chapter 116, O.S.L. 2022 (47 O.S. Supp. 2023, Section
14-116), which relates to permit fees; removing
directive requiring certain monthly collection; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 14 -116, as
amended by Section 9, Chapter 116, O.S.L. 2022 (47 O.S. Supp. 2023,
Section 14-116), is amended to read as follows:
Section 14-116. A. The Executive Director of the Department of
Transportation shall charge a minimum permit fee of Forty Dollars
($40.00) for any permit issued pursuant to the provisions of Section
14-101 et seq. of this title. In addition to the permit fee, the
Executive Director of the Department of Transportation shall charge
a fee of Ten Dollars ($10.00) for each thousand pounds in excess of
the legal load limit. The Executive Director of the Department of
Transportation shall establish any necessary rules for collecting
the fees.
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B. The Department of Transportation is authorized to establish
an escrow account system for the payment of pe rmit fees. Authorized
motor carriers meeting establish ed credit requirements may
participate in the escrow account system for permits purc hased from
all size and weight permit offices in this state. Carriers not
choosing to participate in the escrow acco unt system shall be
required to make payment of the req uired fee or fees upon purchase
of each permit as required by law. All monies collected through the
escrow account system shall be deposited to a special account of the
Department of Transportation and placed in the custody of the State
Treasurer. Proceeds from permits purchased using the escr ow account
system shall be distributed as provided for in subsection H of this
section. However, fees collected through such accounts for the
electronic transmission, transfer or delivery of permits, a s
provided for in Section 1 4-118 of this title, shall be credited to
the Weigh Station Improvement Revolving Fund established pursuant to
Section 1167 of this title.
C. 1. Application for permits shall be made a reasonable time
in advance of the expected time of movement of such v ehicles. For
emergencies affecting the health or safety of persons or a
community, permits may be issued for immediate movement.
2. Size and weight permit offices in all districts wher e
applicable shall issue permits to authorize carriers by telephone
during weekdays.
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D. No overweight permit shall be valid until all license taxes
due the State of Oklahoma have been paid.
E. No permit violation s hall be deemed to have occurred when an
oversize or overweight movement is made pursuant to a permit whose
stated weight or size exceeds the actual load.
F. Any permit issued for a truck or truck-tractor operating in
combination with a trailer or a semitrailer shall contain only the
license plate number for the truck or truck-tractor if the permittee
provides to the Department of Transportation a list containing the
license plate number, and such other information as the Department
of Transportation may prescribe by rule, for each trailer or
semitrailer which may be used for movement with the permit . When
the permittee provides the list described in this subsection, the
license plate number for any trailer or semitrailer to be moved with
the permit shall not be included on the permit; provided, a trailer
or semitrailer which is not on the list shall not be authori zed to
be used for movement with the permit. It shall be the
responsibility of the permittee to ensure the list provided to the
Department of Transportation is maintained and updated with any
fleet changes. The Department of Transportation shall adopt any
rules deemed necessary to administer the provisions of this
subsection.
G. The first deliverer of motor vehicles designated truck
carriers or well service carriers manufactured in Oklahoma shall not
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be required to purchase an overweight permit when bein g delivered to
the first purchaser.
H. Except as provided in Section 14-122 of this title, the
first One Million Two Hundred Sixteen Thousand Dol lars
($1,216,000.00) of proceeds from both the permit fees and the
overweight permit fees imposed pursuant to subsection A of this
section collected monthly shall be apportioned as provided in
Section 1104 of this title. For the fiscal year beginning July 1,
2022, and all subsequent years, the next Two Million Five Hundred
Thousand Dollars ($2,500,000.00) of proceeds from both the permit
fees and the overweight permit fees imposed pursuant to subsection A
of this section collected monthly shall be remitted to the
Department of Public Safety for the purpose of staffing the port of
entry weigh stations with Department of Public Safety port of entry
officers whose powers and duties shall be specified by the
Department of Public Safety through the promulgation of rules. For
the fiscal year beginning July 1, 2017, and all subsequent years,
all proceeds collected from both the permit fees and the overweight
permit fees imposed pursuant to subsection A of this section in
excess of Three Million Seven Hun dred Sixteen Thousand Dollars
($3,716,000.00) shall be deposited in the Weigh Station Im provement
Revolving Fund as provided in Section 1167 of t his title for the
purpose set forth in that section and may be used for motor carrier
permitting systems and motor carrier safety and enforcement.
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SECTION 2. This act shall become effectiv e November 1, 2024.
59-2-9131 JBH 12/13/23