| 40 | 58 | | |
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| 41 | 59 | | |
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| 42 | 60 | | |
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| 43 | 61 | | |
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| 44 | 62 | | |
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| 45 | 63 | | AS INTRODUCED |
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| 46 | 64 | | |
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| 47 | 65 | | An Act relating to motor vehicles; creating the Jamie |
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| 48 | 66 | | Lea Pearl Act; requiring medical needs motor carriers |
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| 49 | 67 | | to have certain tax exempt status; requiring |
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| 50 | 68 | | transport of certain passengers at certain cost; |
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| 51 | 69 | | allowing the use of certain vehicles and drivers; |
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| 52 | 70 | | providing nondiscrimination policy; setting minimum |
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| 53 | 71 | | insurance requirements; stating certain insurance |
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| 54 | 72 | | policy not required; requiring certain vehicle |
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| 55 | 73 | | inspections; limiting working hours; requiring drug |
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| 56 | 74 | | testing and certain back ground and motor vehicle |
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| 57 | 75 | | record checks; requiring retention of certain records |
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| 58 | 76 | | and files; authorizing transportation of persons for |
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| 59 | 77 | | non-medical needs; authorizing the promulgation of |
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| 60 | 78 | | certain emergency and permanent rules; amending 47 |
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| 61 | 79 | | O.S. 2021, Section 230.23, which relates to |
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| 62 | 80 | | definitions; defining term; amending 47 O.S. 2021, |
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| 63 | 81 | | Section 230.29, which relates to operation of |
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| 64 | 82 | | vehicles not owned by a motor carrier; modifying |
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| 65 | 83 | | definitions; providing for noncodification; providing |
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| 66 | 84 | | for codification; and declaring an emergency. |
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| 67 | 85 | | |
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| 68 | 86 | | |
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| 69 | 87 | | |
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| 70 | 88 | | |
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| 71 | 89 | | |
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| 72 | 90 | | |
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| 73 | 91 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 105 | 147 | | SECTION 2. NEW LAW A new section of law to be codified |
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| 106 | 148 | | in the Oklahoma Statutes as Section 230.33a of Title 47, unless |
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| 107 | 149 | | there is created a duplication in numbering, reads as follows: |
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| 108 | 150 | | A. A medical needs motor carrier shall: |
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| 109 | 151 | | 1. Be formed under 28 U.S.C . ยง 501 (c)(3); |
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| 110 | 152 | | 2. Be engaged in the transportation of passengers and their |
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| 111 | 153 | | baggage at little or no cost for medical needs, including, but not |
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| 112 | 154 | | limited to, dialysis, cancer treatments, prosthetics, pain |
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| 113 | 155 | | management, and physical rehabilitation ; |
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| 114 | 156 | | 3. The medical needs motor carrier engaged in the |
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| 115 | 157 | | transportation of passengers and their baggage may be accomplished |
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| 116 | 158 | | by use of vehicles owned or leased by the company or vehicles owned |
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| 117 | 159 | | or leased by drivers of the company. |
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| 118 | 160 | | 4. Not deny transportatio n for medical needs based on |
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| 119 | 161 | | ethnicity, age, sex, or disability ; |
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| 120 | 162 | | 5. Require every driver and vehicle used in its medical needs |
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| 121 | 163 | | motor carrier operations to carry a primary liability insurance in |
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| 122 | 164 | | the amount of at least One Hundred Thousand Dollars ($100,000 .00) |
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| 123 | 165 | | for death and bodily injury per person, Three Hundred Thousand |
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| 124 | 166 | | Dollars ($300,000.00) for death and bodily injury per incident, and |
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| 154 | 220 | | 6. Have all drivers' vehicles inspected on a quarterly basis to |
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| 155 | 221 | | confirm that all vehicles meet all state and federal guidelines for |
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| 156 | 222 | | safety; |
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| 157 | 223 | | 7. Not allow its drivers to operate a motor vehicle more than |
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| 158 | 224 | | ten (10) hours in each 24-hour period; and |
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| 159 | 225 | | 8. Retain in their files records showing that all drivers have |
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| 160 | 226 | | five-year clean motor vehicle records, federal and state background |
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| 161 | 227 | | checks, ten (10) panel drug testing results, and fingerprint cards. |
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| 162 | 228 | | Records must be retained by the company for a period of at least two |
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| 163 | 229 | | (2) years after the driver is no longer driving for the company. |
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| 164 | 230 | | B. A medical needs motor carrier may engage in the |
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| 165 | 231 | | transportation of passengers and their baggage, by use of vehicles |
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| 166 | 232 | | as described in paragra ph 3 of subsection A of this section, for |
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| 167 | 233 | | hire as necessary for the company to generate sufficient revenue to |
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| 168 | 234 | | cover their cost of operations, including , but not limited to, fuel, |
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| 169 | 235 | | insurance, uniforms, a reasonable compensation for the owners of the |
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| 170 | 236 | | company, drug testing, finger printing, tag or badges, vehicle |
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| 171 | 237 | | inspection, vehicle maintenance , and repair. |
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| 172 | 238 | | C. Within sixty (60) days of the passage and approval of this |
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| 173 | 239 | | act, the Oklahoma Corporation Commission shall promulgate emergency |
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| 174 | 240 | | rules and regulations necessary to carry out the provisions of this |
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| 175 | 241 | | bill, and thereafter promulgate permanent rules as necessary. |
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| 205 | 295 | | Section 230.23 As used in the Motor Carrier Act of 1995: |
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| 206 | 296 | | 1. "Person" means any individual, firm, copartnership, limited |
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| 207 | 297 | | partnership, corporati on, limited liability corporation, company, |
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| 208 | 298 | | association, or joint -stock association and includes any trustee, |
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| 209 | 299 | | receiver, assignee, or personal representative thereof; |
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| 210 | 300 | | 2. "Commission" means the Oklahoma Corporation Commission; |
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| 211 | 301 | | 3. "License" means the license issued under authority of the |
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| 212 | 302 | | laws of the State of Oklahoma to motor carrie rs and private |
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| 213 | 303 | | carriers; |
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| 214 | 304 | | 4. "Interstate Registration Certificate " (IRC) means a document |
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| 215 | 305 | | issued by the Commission granting permission to operate upon the |
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| 216 | 306 | | highways of the State of Oklahoma in interstate commerce exempt from |
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| 217 | 307 | | federal motor carrier regulation ; |
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| 218 | 308 | | 5. "Motor vehicle" means any automobile, truck, truck -tractor, |
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| 219 | 309 | | trailer or semitrailer or any moto r bus or any self-propelled |
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| 220 | 310 | | vehicle not operated or driven upon fixed rails or tracks; |
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| 221 | 311 | | 6. "Motor carrier of persons or property " means any person, |
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| 222 | 312 | | except a carrier of household goods or used emigrant movables, |
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| 223 | 313 | | operating upon any public highway for the tra nsportation of |
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| 224 | 314 | | passengers or property for compensation or for hire or for |
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| 225 | 315 | | commercial purposes, and not operating exclusively within the limits |
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| 226 | 316 | | of an incorporated city or town within this state. Provided, the |
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| 255 | 369 | | following vehicles and equipment when such vehicles and equ ipment |
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| 256 | 370 | | are being used for the following: |
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| 257 | 371 | | a. taxicabs and bus companies engage d in the |
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| 258 | 372 | | transportation of passengers and their baggage, not |
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| 259 | 373 | | operated between two or more cities and towns, when |
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| 260 | 374 | | duly licensed by a municipal corporation in which they |
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| 261 | 375 | | might be doing business, |
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| 262 | 376 | | b. any person or governmental authority furnishing |
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| 263 | 377 | | transportation for school children to and from public |
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| 264 | 378 | | schools or to and from public -school-related |
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| 265 | 379 | | extracurricular activities under contract with, and |
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| 266 | 380 | | sponsored by, a public school board; pro vided, that |
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| 267 | 381 | | motor vehicles and equipment operated for the purposes |
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| 268 | 382 | | shall qualify in all respects for the transportation |
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| 269 | 383 | | of school children under the Oklahoma School Code and |
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| 270 | 384 | | the rules of the State Board of Education adopted |
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| 271 | 385 | | pursuant thereto. |
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| 272 | 386 | | c. transport trucks transporting liquefied petroleum |
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| 273 | 387 | | gases intrastate which are owned or op erated by a |
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| 274 | 388 | | person subject to and licensed by the Oklahoma |
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| 275 | 389 | | Liquefied Petroleum Gas Regulation Act, and |
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| 276 | 390 | | d. transportation of livestock and farm products in the |
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| 277 | 391 | | raw state, when any of such commodities move from farm |
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| 306 | 444 | | vehicles owned and operated by a bona fide farmer not |
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| 307 | 445 | | engaged in motor vehicle transportat ion on a |
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| 308 | 446 | | commercial scale; |
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| 309 | 447 | | 7. "Corporate family" means a group of corporations consisting |
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| 310 | 448 | | of a parent corporation and all subsidiaries in which the parent |
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| 311 | 449 | | corporation owns directly or indirectly one hundred percent (100%) |
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| 312 | 450 | | interest; |
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| 313 | 451 | | 8. "Intercorporate hauling" means the transportation of |
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| 314 | 452 | | property, by motor vehicle, for compensation, by a carrier which is |
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| 315 | 453 | | a member of a corporate family, as defined in the Moto r Carrier Act |
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| 316 | 454 | | of 1995, when the transportation for compensation is provided for |
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| 317 | 455 | | other members of the corporate family; |
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| 318 | 456 | | 9. "Private carrier" means any person engaged in transporta tion |
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| 319 | 457 | | upon public highways, of persons or property, or both, but not as a |
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| 320 | 458 | | motor carrier, and includes any person who transports property by |
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| 321 | 459 | | motor vehicle where such transportatio n is incidental to or in |
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| 322 | 460 | | furtherance of any commercial enterprise of such perso n, other than |
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| 323 | 461 | | transportation; |
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| 324 | 462 | | 10. "Market" means the point at which livestoc k and farm |
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| 325 | 463 | | products in the raw state were first delivered by the producer of |
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| 326 | 464 | | the livestock and farm products in the raw state, upon the sale |
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| 327 | 465 | | thereof; |
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| 357 | 519 | | actually dedicated to the public and accepted by the proper |
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| 358 | 520 | | authorities or otherw ise; and |
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| 359 | 521 | | 12. "Commercial enterprise " means all undertakings entered into |
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| 360 | 522 | | for private gain or compensation, including all industrial pursuits, |
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| 361 | 523 | | whether the undertakings involve the handling of or dealing in |
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| 362 | 524 | | commodities for sale or otherwise ; and |
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| 363 | 525 | | 13. "Medical needs motor carrier of persons or property " means |
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| 364 | 526 | | a company formed under 28 U.S.C ยง 501 (c)(3) engaged in the |
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| 365 | 527 | | transportation of passengers and their baggage at little or no cost |
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| 366 | 528 | | throughout the state of Oklahoma for medical needs, including , but |
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| 367 | 529 | | not limited to, dialysis, cancer treatments, prosthetics, pain |
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| 368 | 530 | | management, and physical rehabilitation. |
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| 369 | 531 | | SECTION 4. AMENDATORY 47 O.S. 2021, Section 230.29, is |
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| 370 | 532 | | amended to read as follows: |
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| 371 | 533 | | Section 230.29 A. As used in this section: |
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| 372 | 534 | | 1. "Authorized carrier" means a person or persons authorized to |
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| 373 | 535 | | engage in the transport ation of passengers or property as a licensed |
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| 374 | 536 | | motor carrier; |
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| 375 | 537 | | 2. "Equipment" means a motor vehicle, straight truck, tractor, |
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| 376 | 538 | | semitrailer, full trailer, any combination of the se and any other |
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| 377 | 539 | | type of equipment used by authorized carriers in the transportati on |
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| 407 | 593 | | 3. "Owner" means a person to whom title to equipment has been |
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| 408 | 594 | | issued, or who, without title, has the right to exclusive use of |
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| 409 | 595 | | equipment for a period longer than thirty (30) days; |
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| 410 | 596 | | 4. "Lease" means a contract or arrangement in which the owner |
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| 411 | 597 | | grants the use of equipment, with or without driver, for a specified |
|---|
| 412 | 598 | | period to an authorized carrier for use in the regulated |
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| 413 | 599 | | transportation of passengers or property, in exch ange for |
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| 414 | 600 | | compensation; |
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| 415 | 601 | | 5. "Lessor", in a lease, means the party granting the use of |
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| 416 | 602 | | equipment, with or without driver, to another; |
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| 417 | 603 | | 6. "Lessee", in a lease, means the party acquiring the use of |
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| 418 | 604 | | equipment, with or without driver, from another; |
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| 419 | 605 | | 7. "Addendum" means a supplement to an existing lease which is |
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| 420 | 606 | | not effective until si gned by the lessor and lessee; and |
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| 421 | 607 | | 8. "Shipper" means a person who sends or receives passengers or |
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| 422 | 608 | | property which is transported in intrastate commerce in this state. |
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| 423 | 609 | | B. An authorized carrier may perform authorized transportation |
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| 424 | 610 | | in equipment it does not own only under the following conditions: |
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| 425 | 611 | | 1. There shall be a written lease granting the use of the |
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| 426 | 612 | | equipment and meeting the requirements as set forth in subsection C |
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| 427 | 613 | | of this section; |
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| 458 | 668 | | 3. Upon termination of the lease, the authorized carrier shall |
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| 459 | 669 | | remove all identificati on showing it as the operating carrier before |
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| 460 | 670 | | giving up possession of the equipment. |
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| 461 | 671 | | C. The written lease required pursuant to subsection B of this |
|---|
| 462 | 672 | | section shall contain the following provisions. The required lease |
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| 463 | 673 | | provisions shall be adhered to and perf ormed by the authorized |
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| 464 | 674 | | carrier as follows: |
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| 465 | 675 | | 1. The lease shall be made be tween the authorized carrier and |
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| 466 | 676 | | the owner of the equipment. The lease shall be signed by these |
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| 467 | 677 | | parties or by their authorized representatives; |
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| 468 | 678 | | 2. The lease shall specify the time and date or the |
|---|
| 469 | 679 | | circumstances on which the lease begins and ends and inclu de a |
|---|
| 470 | 680 | | description of the equipment which shall be identified by vehicle |
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| 471 | 681 | | serial number, make, year mod el and current license plate number; |
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| 472 | 682 | | 3. The period for which the lease applies sh all be for thirty |
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| 473 | 683 | | (30) days or more when the equipment is to be operated f or the |
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| 474 | 684 | | authorized carrier by the owner or an employee of the owner; |
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| 475 | 685 | | 4. The lease shall provide that the authorized carrier lessee |
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| 476 | 686 | | shall have exclusive possession, control and use of the equipment |
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| 477 | 687 | | for the duration of the lease. The lease shall further pro vide that |
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| 507 | 741 | | 5. The amount to be paid by the author ized carrier for |
|---|
| 508 | 742 | | equipment and driver 's services shall be clearly stated o n the face |
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| 509 | 743 | | of the lease or in an addendum which is attached to the lease; |
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| 510 | 744 | | 6. The lease shall clearl y specify the responsibility of each |
|---|
| 511 | 745 | | party with respect to the cost of fuel, fuel taxes, empty mileage, |
|---|
| 512 | 746 | | permits of all types, tolls, detention and accessori al services, |
|---|
| 513 | 747 | | base plates and licenses, and any unused portions of such items. |
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| 514 | 748 | | Except when the viola tion results from the acts or omissions of the |
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| 515 | 749 | | lessor, the authorized carrier less ee shall assume the risks and |
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| 516 | 750 | | costs of fines for overweight and oversize t railers when the |
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| 517 | 751 | | trailers are preloaded, sealed, or the load is containerized, or |
|---|
| 518 | 752 | | when the trailer or lading is otherwise outside of the lessor 's |
|---|
| 519 | 753 | | control, and for improperly permitte d overdimension and overweight |
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| 520 | 754 | | loads and shall reimburse the lessor for an y fines paid by the |
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| 521 | 755 | | lessor. If the authorized carrier is authorized to receive a refund |
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| 522 | 756 | | or a credit for base plates purchased by the lessor from, and issued |
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| 523 | 757 | | in the name of, the auth orized carrier, or if the base plates are |
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| 524 | 758 | | authorized to be sold by the aut horized carrier to another lessor |
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| 525 | 759 | | the authorized carrier shall refund to the initial lessor on whose |
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| 526 | 760 | | behalf the base plate was first obtained a prorated share of the |
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| 527 | 761 | | amount received; |
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| 558 | 816 | | concerning a trip in the service of the authorized carrier. T he |
|---|
| 559 | 817 | | paperwork required before the lessor can receive payment is limited |
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| 560 | 818 | | to those documents necessary for the authorized carrier to secure |
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| 561 | 819 | | payment from the shipper. The author ized carrier may require the |
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| 562 | 820 | | submission of additional documents by the lessor but not as a |
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| 563 | 821 | | prerequisite to payment; |
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| 564 | 822 | | 8. The lease shall clearly specify the right of the lessor, |
|---|
| 565 | 823 | | regardless of method of compensation, to examine copies of the |
|---|
| 566 | 824 | | documentation of the carrier upon which charges are assessed; |
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| 567 | 825 | | 9. The lease shall clearly specify all items that may be |
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| 568 | 826 | | initially paid for by the authorized carrier, but ul timately |
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| 569 | 827 | | deducted from the compensation of the lessor at the time of payment |
|---|
| 570 | 828 | | or settlement together with a recitation as to how the amount of |
|---|
| 571 | 829 | | each item is to be computed. The lessor shall be afforded copies of |
|---|
| 572 | 830 | | those documents which are necessary to determ ine the validity of the |
|---|
| 573 | 831 | | charge; |
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| 574 | 832 | | 10. The lease shall specify that the lessor is not required to |
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| 575 | 833 | | purchase or rent any products, equipment, or services from the |
|---|
| 576 | 834 | | authorized carrier as a condition of entering into the lease |
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| 577 | 835 | | arrangement; |
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| 578 | 836 | | 11. As it relates to i nsurance: |
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| 609 | 891 | | b. the lease shall clearly specify the conditions under |
|---|
| 610 | 892 | | which deductions for cargo or property damage may be |
|---|
| 611 | 893 | | made from the lessor's settlements. The lease shall |
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| 612 | 894 | | further specify that the authoriz ed carrier must |
|---|
| 613 | 895 | | provide the lessor with a written explanation and |
|---|
| 614 | 896 | | itemization of any deductions for cargo or property |
|---|
| 615 | 897 | | damage made from any compensation of m oney owed to the |
|---|
| 616 | 898 | | lessor. The written explanation and itemization must |
|---|
| 617 | 899 | | be delivered to the lessor be fore any deductions are |
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| 618 | 900 | | made; and |
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| 619 | 901 | | 12. An original and two copies of each lease sh all be signed by |
|---|
| 620 | 902 | | the parties. The authorized carrier shall keep the origi nal and |
|---|
| 621 | 903 | | shall place a copy of the lease in the equipment during the period |
|---|
| 622 | 904 | | of the lease. The owner of the equipment shall keep the other copy |
|---|
| 623 | 905 | | of the lease. |
|---|
| 624 | 906 | | D. The provisions of thi s section shall apply to the leasing of |
|---|
| 625 | 907 | | equipment with which to perform tr ansportation regulated by the |
|---|
| 626 | 908 | | Corporation Commission by motor carriers holding a license from the |
|---|
| 627 | 909 | | Commission to transport passengers or property. |
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| 628 | 910 | | SECTION 5. It being immediately necessary for the preservation |
|---|
| 629 | 911 | | of the public peace, health or safety, an emergency is hereby |
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