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Oklahoma House Bill HB2603

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2603 Compare Versions

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3-ENGR. H. B. NO. 2603 Page 1 1
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28-ENGROSSED HOUSE
29-BILL NO. 2603 By: Lowe (Dick) of the House
3+HB2603 HFLR Page 1
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29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
32+
33+1st Session of the 60th Legislature (2025)
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35+HOUSE BILL 2603 By: Lowe (Dick) of the House
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3137 and
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3339 Weaver of the Senate
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38-[ motor carriers - Motor Carrier Public Safety
39-Enforcement Act – purpose - powers, duties and
40-responsibilities - Oklahoma Corporation Commission
41-- Department of Public Safety - transitional task
42-force - transitional period - interagency agreement
43-and approval - transfer of employees - equal pay -
44-retention of benefits - powers and authorities –
45-limitations – certification - peace officers -
46-retirement system elec tion - training program -
47-transfer of property and records – transfer of
48-funds – authority of state officials – officers of
49-the Department of Public Safety – interagency
50-agreements – Transportation Division – permit fees
51-– apportionment of fees – distribution – vehicles –
52-vehicle seizures – seized vehicles – Commission –
53-exclusive authority – investigations in enforcement
54-– Unified Carrier Registration System – guidelines
55-– rules – certification to transport household
56-goods – copy of certificate – conflicting
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83-constitutional provisions – filing certificates of
84-insurance coverage – complaints – appropriation –
85-Corporation Commission Revolving Fund – employment
86-of personnel – purchases – discretionary reporting
87-– license and permit for transportation of
88-deleterious substances – seizure and confiscation
89-of devices – liability – cargo insurance – bond –
90-vehicles required to be registered – temporary
91-permit – rules – offenses and penalties – transfer
92-of equipment and facilities – agreement –
93-confidentiality of repo rts – disclosures –
94-maintenance and operation of fixed facilities –
95-ports of entry weigh stations – display of license
96-inspection – repealer – enforcement officers –
97-codification - effective date ]
43+AS INTRODUCED
44+
45+An Act relating to motor carriers; creating the Motor
46+Carrier Public Safety Enforcement Act ; stating
47+purpose of act; tran sferring certain powers, duties
48+and responsibilities from the Oklahoma Corporation
49+Commission to the Department of Public Safety;
50+creating certain transitional task force; providing
51+for task force membership; providing for task force
52+meetings; requiring ta sk force make certain
53+advisement; providing for transitional period;
54+requiring transitional task force oversee transition;
55+requiring certain cooperation; allowing certain
56+transfer by certain interagency agreement and
57+approval; setting date for completion o f transition;
58+setting date for the transfer of employees; providing
59+for the transfer of certain employees; providing for
60+equal pay and retention of certain benefits for
61+transferred employees; requiring approval for certain
62+actions regarding personnel; modifying designation of
63+certain employees; requiring certain employees
64+exercise certain powers and authorities; authorizing
65+the setting of certain limitations; requiring
66+employees maintain certain certification; limiting
67+authority of certain employees to act as peace
68+officers; requiring certain retirement system
69+election; requiring the acceptance of all transferred
70+employees; authorizing establishment of minimum
71+standards for certain em ployees; requiring
72+development of certain training program; requiring
73+transfer of property and records by certain date;
74+listing types of property and records to be
75+transferred; requiring access to certain systems and
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103+networks; authorizing the transfer of c ertain funds;
104+stating powers vested in certain officers; limiting
105+authority of state officials to direct officers of
106+the Department of Public Safety; authorizing certain
107+interagency agreements ; amending 17 O.S. 2021,
108+Section 40, which relates to Transporta tion Division;
109+prohibiting Division from employing certain persons
110+after certain date; prohibiting function as law
111+enforcement agency; authorizing employment of certain
112+persons; amending 47 O.S. 2021, Section 14 -116, as
113+amended by Section 9, Chapter 116, O .S.L. 2022 (47
114+O.S. Supp. 2023, Section 14 -116), which relates to
115+permit fees; modifying receiver of certain collected
116+fees; authorizing use of certain monies; amending 47
117+O.S. 2021, Section 14 -122, which relates to
118+apportionment of fees; modifying distribution of
119+certain collected fees; requiring monies received to
120+be used for certain purposes; amending 47 O.S. 2021,
121+Section 116.14, which relates to vehicles not
122+registered or improperly registered; authorizing
123+certain officers to make certain vehicle seizu res;
124+modifying entity responsible for the sale of certain
125+seized vehicles; amending 47 O.S. 2021, Section 162,
126+which relates to powers and duties of the Commission;
127+granting exclusive authority to Department of Public
128+Safety for certain investigations and enforcement;
129+amending 47 O.S. 2021, Section 162.1, which relates
130+to participation in the Unified Carrier Registration
131+System; modifying applicable guidelines for the
132+promulgation of certain rules; declaring certain acts
133+unlawful; amending 47 O.S. 2021, Section 163, which
134+relates to certification to transport household
135+goods; requiring copy of certain certificate be
136+maintained in vehicle; declaring certain
137+noncompliance to be unlawful; amending 47 O.S. 2021,
138+Section 166.5, which relates to conflicting
139+constitutional provisions; modifying certain list of
140+authorities considered to be amendments; amending 47
141+O.S. 2021, Section 166a, which relates to
142+definitions; declaring certain act to be unlawful;
143+amending 47 O.S. 2021, Section 169, which relates to
144+filing certificates of insurance coverage; declaring
145+certain act to be unlawful; amending 47 O.S. 2021,
146+Section 170.1, which relates to complaints;
147+authorizing certain officers to make a complaint;
148+amending 47 O.S. 2021, Section 171, which relates to
149+appropriation; requiring Corporation Commission
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177+adhere to certain acts; amending 47 O.S. 2021,
178+Section 171.1, which relates to expenditure of
179+Corporation Commission Revolving Fund; authorizing
180+the employment of certain personnel; allowing certain
181+purchases; amending 47 O.S. 2021, Section 172, which
182+relates to violation of act; requiring certain
183+operators not in compliance receive misdemeanor;
184+allowing certain discretionary reporting; deleting
185+requirement that certain willful conduct be deemed
186+official misconduct; modifyin g reference to
187+responsible agency; prohibiting plea bargaining in
188+certain matters submitted for adjudication; stating
189+Commission shall cease employment of certain
190+employees upon certain date; amending 47 O.S. 2021,
191+Section 177.2, which relates to license a nd permit
192+for transportation of deleterious substances;
193+requiring certain permit be carried in vehicle;
194+making certain actions unlawful; amending 47 O.S.
195+2021, Section 180c, which relates to seizure and
196+confiscation of devices; requiring motor carriers
197+comply with certain directions or demands; amending
198+47 O.S. 2021, Section 180m , which relates to
199+enforcement of act; modifying name of responsible
200+entity; amending 47 O.S. 2021, Section 230.29, which
201+relates to the operation of equipment not owned by
202+motor carrier; requiring certain lease be present in
203+operated equipment; amending 47 O.S. 2021, Section
204+230.30, which relates to liability and cargo
205+insurance or bond; declaring certain actions to be
206+unlawful; amending 47 O.S. 2021, Section 1115, as
207+last amended by Section 1, Chapter 246, O.S.L. 2023
208+(47 O.S. Supp. 2024, Section 1115), which relates to
209+vehicles required to be registered; modifying
210+responsible entity; amending 47 O.S. 2021, Section
211+1124, which relates to temporary permit; removing
212+language making certain exception for the
213+promulgation of rules; amending 47 O.S. 2021, Section
214+1151, as last amended by Section 109, Chapter 452,
215+O.S.L. 2024 (47 O.S. Supp. 2024, Section 1151) , which
216+relates to offenses and penalties enumerated;
217+modifying list of unlawful acts; removing language
218+making certain exception for the promulgation of
219+rules; amending 47 O.S. 2021, Section 1168, which
220+relates to transfer of equipment and facilities;
221+modifying name of responsible agency; authorizing
222+certain agreement by certain date; amending 47 O.S.
223+2021, Section 1170, which relates to the
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251+confidentiality of reports; authorizing certain
252+disclosures; amending 47 O.S. 2021, Section 1201,
253+which relates to definitions; modifying definition;
254+amending 47 O.S. 2021, Section 1202, which relates to
255+maintenance and operation of fixed facilities;
256+modifying name of res ponsible agency; requiring
257+certain operation of ports of entry weigh stations;
258+making certain exception; requiring certain transfer
259+of all powers, duties , and responsibilities for f ixed
260+facilities; requiring certain transition al period;
261+requiring Commission operate port of entry weigh
262+stations until certain date; authorizing certain
263+interagency agreements; amending 68 O.S. 2021,
264+Section 608, which relates to display of license;
265+allowing officers to make certain inspection;
266+repealing 47 O.S. 2021, Sections 1 16.13 and 172.1,
267+which relate to enforcement officers; providing for
268+codification; and providing an effective date .
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102273 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
103274 SECTION 1. NEW LAW A new section of law to be codif ied
104275 in the Oklahoma Statutes as Section 160 of Title 47, unless there is
105276 created a duplication in numbering, reads as follows:
106277 A. This act shall be known and may be cited as the “M otor
107278 Carrier Public Safety Enforcement Act”.
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134279 B. The purpose of this act is to enhance public safety with
135280 respect to the motor carrier industry, to foster a more consistent
136281 and cohesive approach to enforcement of Oklahoma’s laws regulating
137282 the motor carrier industry, and to advance the efficiency and
138283 efficacy of motor carrier enf orcement.
139284 C. Beginning July 1, 202 6, and effective June 30, 202 7, all
140285 powers, duties, and responsibilities for roadside investigation and
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141313 enforcement as well as investigation and e nforcement at fixed
142314 facilities, as defined by Section 1201 of Title 47 of the Oklahoma
143315 Statutes, of the following provisions, which shall be collectively
144316 referenced within this section as the “Motor Carrier Laws” , shall be
145317 transferred from the Oklahoma Cor poration Commission to the
146318 Department of Public Safety:
147319 1. Sections 161A through 180m of Title 47 of the Oklahoma
148320 Statutes;
149321 2. Sections 230.21 through 230.34b of Title 47 of the Oklahoma
150322 Statutes;
151323 3. The Trucking One-Stop Shop Act, including Sections 11 66
152324 through 1169 of Title 47 of the Oklahoma Statutes ;
153325 4. The Oklahoma Weigh Station Act of 2012, Sections 1200
154326 through 1203 of Title 47 of the Oklahoma Statutes ;
155327 5. The Oklahoma Motor Fuel/Diesel Fuel Importer for Use Tax
156328 Code, Sections 601 through 616 o f Title 68 of the Oklahoma Statutes ;
157329 and
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184330 6. The Oklahoma Special Fuel Use Tax, Sections 701 through 723
185331 of Title 68 of the Oklahoma Statutes.
186332 D. To facilitate an orderly transition of duties, personnel,
187333 and resources, there is hereby created a transition al task force to
188334 oversee the transition mandated by this act. The transitional task
189335 force shall consist of the Secretary of Public Safety or designee,
190336 the Commissioner of Public Safety or designee, the Secretary of
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191364 Transportation or designee, a representa tive of Service Oklahoma, a
192365 member of the Oklahoma State Senate to be appoi nted by the President
193366 Pro Tempore, a member of the Oklahoma House of Representatives to be
194367 appointed by the Speaker of the House, a member of the Oklahoma
195368 Corporation Commission or designee, and a member of the motor
196369 carrier industry to be appointed by the Governor, who shall serve as
197370 the chair of the task force. The task force shall meet as often as
198371 its membership deems necessary to carry out all duties set forth in
199372 this section and to advise the Governor, the President Pro Tempore
200373 of the Senate, and the Speaker of the House of Representatives of
201374 any problems, issues, or concerns the task force concludes may
202375 require further attention from the Legislature.
203376 E. The period of July 1, 2 026, through June 30, 202 7, shall be
204377 a transitional period in which the Dep artment of Public Safety shall
205378 gradually assume complete administration and authority over roadside
206379 investigation and enforcement as well as investigation and
207380 enforcement at fixed f acilities, as defined by Section 1201 of Title
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234381 47 of the Oklahoma Statutes , with respect to the Motor Carrier Laws.
235382 The transitional task force shall oversee the transition, and the
236383 Corporation Commission and Department of Public Safety shall
237384 cooperate with the task force and with each other on an orderly and
238385 expeditious transition pursuant to the terms of this act. The
239386 Corporation Commission and Department of Public Safety may, by
240387 interagency agreement and with approval of the task force, transfer
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241415 personnel, property, and responsibilities, in whole or in part, at
242416 any time during the transitional period, provided the transition
243417 mandated by this act shall be completed no later than June 30, 202 7,
244418 at which time the Department of Public Safety shall have comp lete
245419 administration and management over the enforcement authority granted
246420 pursuant to this act, and any officer of the Department of Public
247421 Safety, including State Troopers and Commercial Motor Vehicle
248422 Enforcement Officers, shall be authorized to enforce t he Motor
249423 Carrier Laws in all parts of this state.
250424 F. Corporation Commissio n personnel whose duties are
251425 transferred under this act shall be transferred to the Department of
252426 Public Safety during the transition al period and no later than June
253427 30, 2027. The Corporation Commission and the Department of Public
254428 Safety shall cooperate to complete an orderly and expeditious
255429 transfer of personnel according to the supervision and direction of
256430 the transitional task force.
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283431 1. All personnel of the Corporation Commissi on’s
284432 Transportation Division who , as of the effective date of this act,
285433 carry a law enforcement commission shall be transferred to the
286434 Department of Public Safety pursuant to the provisions of this act.
287435 2. Noncommissioned enforcement officers of the Corp oration
288436 Commission’s Transportation Division shall be transferred to the
289437 Department of Public Safety pursuant to the provisions of this act,
290438 provided the Corporation Commission may retain a limited number of
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291466 such noncommissioned personnel to serve as civil ian enforcement
292467 auditors and inspectors in furtherance of the regulatory pr ograms
293468 over which the Corporation Commission has jurisdiction. Any such
294469 civilian personnel retained by the Corporation Commission shall no
295470 longer be designated as Motor Vehicle Enf orcement Officers. The
296471 Corporation Commission and Department of Public Saf ety shall
297472 cooperate on the identification of such personnel who shall be
298473 transferred or retained by the Transportation Division, with the
299474 transitional task force having final approv al.
300475 3. All Corporation Commission administrative personnel who are
301476 assigned on a full-time basis to, and stationed at, fixed
302477 facilities, as defined by Section 1201 of Title 47 of the Oklahoma
303478 Statutes, shall be transferred to the Department of Public Safe ty
304479 pursuant to the provisions of this act.
305480 4. Personnel transferred pursua nt to the provisions of this
306481 act shall not be required to accept a lesser salary than received as
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333482 of the effective date of this act. All such persons shall retain
334483 leave, sick, and annual time earned and any retirement benefits
335484 which have accrued during th eir tenure with the Corporation
336485 Commission.
337486 5. Except as otherwise allowed by law, after the effective
338487 date of this act, the Corporation Commission shall not increase the
339488 number of personnel or the salary of personnel to be transferred
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340516 pursuant to the provisions of this act without the approval of the
341517 Department of Public Safety or the transitional task force.
342518 G. As of the effective date of this act, all preexisting
343519 Department of Public Safety port of entry officers shall be
344520 designated as Commercial Motor Vehicle Enforcement Officers. All
345521 enforcement officers transferred from the Corporation Commission to
346522 the Department of Public Safety shall become Department of Public
347523 Safety Commercial Motor Vehicle Enforcement Officers.
348524 1. Any commissioned Department of Public Safety Commercial
349525 Motor Vehicle Enforcement Officer shall exercise the powers and
350526 authorities of an officer of the Department of Public Safety, as set
351527 forth in Section 2-117 of Title 47 of the Oklahoma Statutes,
352528 provided the Commissioner of Publi c Safety may set any limitations
353529 on the power, scope of the authority, and geographical areas of
354530 responsibility of such officers. All commissioned staff shall
355531 obtain and maintain c ertification by the Council on Law Enforcement
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382532 Education and Training (CLEE T) as full-time peace officers in
383533 accordance with Section 3311 of Title 70 of the Oklahoma Statutes.
384534 2. Any noncommissioned Department of Public Safety Commercial
385535 Motor Vehicle Enforcement Officer shall exercise the powers and
386536 authorities assigned by the Commissioner of Public Safety, but they
387537 shall not have authority to act as a peace officer.
388538 3. Any person appointed by the Department of Public Safety as
389539 a commissioned Commercial Motor Vehicle Enforcement Officer may
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390567 participate in either the Oklahoma La w Enforcement Retirement System
391568 or the retirement system operated by the Oklahoma Public Employees
392569 Retirement System for which the person is eligible, and such person
393570 shall make an irrevocable election in writing to participate in one
394571 of the two retirement systems.
395572 H. The Department of Public Safety shall accept all
396573 enforcement officers transferred from the Corporation Commission ;
397574 provided, the Department of Public Safety may requir e all
398575 transferred commissioned enforcement officers to meet the minimum
399576 requirements established by the Department of Public Safety for
400577 commissioned Commercial Motor Vehicle Enforcement Officers, and the
401578 Department of Public Safety may require all transfer red
402579 noncommissioned enforcement officers to meet the minimum
403580 requirements established by the Department of Public Safety for
404581 noncommissioned Commercial Motor Vehicle Enforcement Officers. The
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431582 provisions of this act shall not prohibit the Department of Pub lic
432583 Safety from gradually reducing personnel through attrition.
433584 I. The Department of Public Safety shall develop a training
434585 program to cross-train all Commercial Motor Vehicle Enforcement
435586 Officers, those previously employed by the Department of Public
436587 Safety and those transferred to the Department of Public Safety
437588 through this act, to equip such officers to carry out the authority
438589 entrusted to them, including but not limited to the power to enforce
439590 the Motor Carrier Laws and the Oklahoma Motor Carrier Safe ty and
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440618 Hazardous Materials Transportation Act, and to obtain the
441619 certifications required to perform North American Standard
442620 Inspections as defined by Section 1201 of Title 47 of the Oklahoma
443621 Statutes.
444622 J. Unless the Department of Public Safety and Corporat ion
445623 Commission agree to an earlier transfer with the approval of the
446624 task force, effective June 30, 202 7, all records and property
447625 allocated, as of the effective date of this act, by the Corporation
448626 Commission to and for its enforcement officers shall be t ransferred
449627 to the Department of Public Safety, including but not limited to :
450628 1. Motor vehicles assigned to, or allocated for use by,
451629 enforcement officers or fixed facilities, as defined by Section 1201
452630 of Title 47 of the Oklahoma Statutes ;
453631 2. Uniforms, firearms, ammunition, duty belts, body armor,
454632 communications equipment, tele phone and mobile phone equipment,
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481633 computer equipment, furniture, and other law enforcement equipment
482634 assigned to, or allocated for use by, enforcement officers;
483635 3. All other computer equipment, telephone and mobile phone
484636 equipment, furniture and property assigned to, or allocated for use
485637 by, fixed facilities, as defined by Section 1201 of Title 47 of the
486638 Oklahoma Statutes; and
487639 4. Personnel records of transferred personnel.
488640 K. The Corporation Commission shall grant to the Department of
489641 Public Safety access to its systems and networks necessary for the
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490669 Department of Public Safety to perform all duties authorized by this
491670 act.
492671 L. Funds sufficient to support the transfer of powers, dut ies,
493672 responsibilities, and personnel shall be appropriated or allocated
494673 to the Department of Public Safety for fiscal year 202 7 and
495674 thereafter. The Office of Management and Enterprise Services is
496675 hereby authorized to transfer such funds as may be necessar y to
497676 effect such allocations.
498677 M. This act shall in no way limit the preexi sting powers and
499678 duties of officers of the Department of Public Safety. The power
500679 vested in commissioned officers of the Department of Public Safety
501680 shall include, but not be limit ed to, the power to:
502681 1. Enforce, in all parts of this state, Sections 161 A through
503682 180m of Title 47 of the Oklahoma Statutes , Sections 230.1 through
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530683 230.34b of Title 47 of the Oklahoma Statutes , and any rules and
531684 regulations issued pursuant thereto ;
532685 2. Stop and inspect any commercial operator, any commercial
533686 motor vehicle, or the contents of any commercial motor vehicle for
534687 compliance with Sections 161A through 180m of Title 47 of the
535688 Oklahoma Statutes, Sections 230.1 through 230.34b of Title 47 of the
536689 Oklahoma Statutes, or any rules and regulations issued pursuant
537690 thereto;
538691 3. Require a commercial operator to stop and submit to an
539692 inspection of the identification device, or devices, in the vehicle
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540720 and submit to the officer any bills of lading, waybills, o r other
541721 evidences of the character of the commerce being transported in suc h
542722 vehicle, and to submit to an inspection of the contents of such
543723 vehicle for the purpose of comparing same with bills of lading or
544724 shipping documentation, waybills, or other eviden ces of
545725 transportation carried by the driver of the vehicle ;
546726 4. Enter upon, inspect, examine, and copy , at reasonable times
547727 and in a reasonable manner, the records and properties of motor
548728 carriers and other persons to the extent such records and properties
549729 relate to compliance with Sections 161 A through 180m of Title 47 of
550730 the Oklahoma Statutes, Sections 230.1 through 230.34b of Title 47 of
551731 the Oklahoma Statutes , or any rules and regulations issued pursuant
552732 thereto;
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579733 5. Hold and detain any motor vehicle ope rating upon the
580734 highways of this state if the officer has reason to believe the
581735 vehicle is being operated contrary to the provisions of Sections
582736 161A through 180m of Title 47 of the Oklahoma Statutes , Sections
583737 230.1 through 230.34b of Title 47 of the Oklahoma Statutes, or any
584738 rules and regulations issued pursuant thereto.
585739 N. No state official, other than the Commissioner of Public
586740 Safety or his or her designee, shall have any power, right, or
587741 authority to command, order, or direct any officer of the Depart ment
588742 of Public Safety to perform any duty or service authorized by the
589743 Motor Carrier Laws or this act.
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590771 O. The Department of Public Safety and the Corporation
591772 Commission may enter into interagency agreements for the purpose of
592773 implementing, administering, and enforcing the provisions of this
593774 act.
594775 SECTION 2. AMENDATORY 17 O.S. 2021, Section 40, is
595776 amended to read as follows:
596777 Section 40. A. There is hereby created within the Oklahoma
597778 Corporation Commission a division to be known as the Transportation
598779 Division. The Division shall be comprised of a Directo r and shall
599780 include special motor carrier enforcement officers created by
600781 Section 171.1 of Title 47 of the Oklahoma Statutes, motor carrier
601782 enforcement officers created by Section 1 72 of Title 47 of the
602783 Oklahoma Statutes, and such other persons as the Comm ission may find
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629784 necessary to carry out the responsibilities prescribed by law and to
630785 enforce the orders, rules, regulations and judgments of the
631786 Commission.
632787 B. Effective June 30, 2 027, the Division shall no longer employ
633788 the motor carrier enforcement offi cers referenced in this section,
634789 such officers having been transferred to the Department of Public
635790 Safety.
636791 C. Effective June 30, 202 7, the Commission shall no longer
637792 employ commissioned personnel or issue law enforcement commissions
638793 to any of its personn el, and the Commission shall no longer function
639794 as a law enforcement agency. The Commission and its Transportation
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640822 Division may continue to employ civilian enforcement auditors and
641823 inspectors in furtherance of the regulatory programs over which the
642824 Corporation Commission has jurisdiction, provided such personnel
643825 shall not be designated as Motor Carrier Enforcement Officers or
644826 Motor Vehicle Enforcement Officers.
645827 SECTION 3. AMENDATORY 47 O.S. 2021, Section 14 -116, as
646828 amended by Section 9, Chapter 116, O.S.L. 2022 (47 O.S. Supp. 2023,
647829 Section 14-116), is amended to read as follows:
648830 Section 14-116. A. The Executive Director of the Department of
649831 Transportation shall charge a minimum permit fee of Forty Dollars
650832 ($40.00) for any permit issued pursuant to the provisions of Section
651833 14-101 et seq. of this title. In addition to the permit fee, the
652834 Executive Director of the Department of Transportation shall charge
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679835 a fee of Ten Dollars ($10.00) for each thousand pounds in excess of
680836 the legal load limit. The Executive Director of the Department of
681837 Transportation shall establish any necessary rules for collecting
682838 the fees.
683839 B. The Department of Transportation is authori zed to establish
684840 an escrow account system for the payment of permit fees. Authorized
685841 motor carriers meeting established credit requirements may
686842 participate in the escrow account system for permits purchased from
687843 all size and weight permit offices in this state. Carriers not
688844 choosing to participate in the escrow account system s hall be
689845 required to make payment of the required fee or fees upon purchase
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690873 of each permit as required by law. All monies collected through the
691874 escrow account system shall be deposi ted to a special account of the
692875 Department of Transportation and placed in the custody of the State
693876 Treasurer. Proceeds from permits purchased using the escrow account
694877 system shall be distributed as provided for in subsection H of this
695878 section. However, fees collected through such accounts for the
696879 electronic transmission, trans fer or delivery of permits, as
697880 provided for in Section 14 -118 of this title, shall be credited to
698881 the Weigh Station Improvement Revolving Fund established pursuant to
699882 Section 1167 of this title.
700883 C. 1. Application for permits shall be made a reasonable ti me
701884 in advance of the expected time of movement of such vehicles. For
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728885 emergencies affecting the health or safety of persons or a
729886 community, permits may be issued for immediate movem ent.
730887 2. Size and weight permit offices in all districts where
731888 applicable shall issue permits to authorize carriers by telephone
732889 during weekdays.
733890 D. No overweight permit shall be valid until all license taxes
734891 due the State of Oklahoma have been paid.
735892 E. No permit violation shall be deemed to have occurred when an
736893 oversize or overweight movement is made pursuant to a permit whose
737894 stated weight or size exceeds the actual load.
738895 F. Any permit issued for a truck or truck -tractor operating in
739896 combination with a trailer or a semitrailer shall contain only the
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740924 license plate number for the truck or truck-tractor if the permittee
741925 provides to the Department of Transportation a list containing the
742926 license plate number, and such other information as the Department
743927 of Transportation may prescribe by rule, for each trailer or
744928 semitrailer which may be used for movement with the permit. When
745929 the permittee provides the list described in this subsection, the
746930 license plate number for any trailer or semitrailer to be moved wi th
747931 the permit shall not be included on the permit; provided, a trailer
748932 or semitrailer which is not on the list shall not be authorized to
749933 be used for movement with the permit. It shall be the
750934 responsibility of the permittee to ensure the list provided to the
751935 Department of Transportation is maintained and updated with any
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778936 fleet changes. The Department of Transportation shall adopt any
779937 rules deemed necessary to administer the provisions of this
780938 subsection.
781939 G. The first deliverer of motor vehicles designate d truck
782940 carriers or well service carriers manufactured in Oklahoma shall no t
783941 be required to purchase an overweight permit when being delivered to
784942 the first purchaser.
785943 H. Except as provided in Section 14 -122 of this title, the
786944 first One Million Two Hundred Sixteen Thousand Dollars
787945 ($1,216,000.00) of proceeds from both the permit fees and the
788946 overweight permit fees imposed pursuant to subsection A of this
789947 section collected monthly shall be apportioned as provided in
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790975 Section 1104 of this title. For the fisca l year beginning July 1,
791976 2022, and all subsequent years, the next Two Milli on Five Hundred
792977 Thousand Dollars ($2,500,000.00) of proceeds from both the permit
793978 fees and the overweight permit fees imposed pursuant to subsection A
794979 of this section collected mont hly shall be remitted to the
795980 Department of Public Safety for the purpose of staffing the port of
796981 entry weigh stations with Department of Public Safety port of entry
797982 officers whose powers and duties shall be specified by the
798983 Department of Public Safety thro ugh the promulgation of rules. For
799984 the fiscal year beginning July 1, 2017, and all subsequent years,
800985 all proceeds collected from both the permit fees and the overweight
801986 permit fees imposed pursuant to subsection A of this section in
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828987 excess of Three Millio n Seven Hundred Sixteen Thousand Dollars
829988 ($3,716,000.00) shall be deposited in the Weigh Station Improvement
830989 Revolving Fund as provided in Section 1167 of this title for the
831990 purpose set forth in that section and may be used for motor carrier
832991 permitting systems and motor carrier safety and enforcement.
833992 SECTION 4. AMENDATORY 47 O.S. 2021, Section 14 -122, is
834993 amended to read as follows:
835994 Section 14-122. A. Notwithstanding the provisions of Section
836995 1104 of Title 47 of the Oklahoma Stat utes this title, the first
837996 Twenty Million Dollars ($20,000,000.00) of the f ollowing fees shall
838997 be deposited in the General Revenue Fund remitted to the Department
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8391025 of Public Safety for the purpose of public safety enforcement to be
8401026 apportioned distributed as follows:
8411027 1. Twenty Dollars ($20.00) of any fee collected for a minimum
8421028 permit fee pursuant to Section 14 -116 of Title 47 of the Oklahoma
8431029 Statutes this title;
8441030 2. Five Dollars ($5.00) of any fee collected for excess weight
8451031 pursuant to Section 14 -116 of Title 47 of the Oklahoma Statutes this
8461032 title;
8471033 3. Two Hundred Fifty Dollars ($250.00) of any fee collected
8481034 pursuant to Section 14 -120 of Title 47 of the Oklahoma Statutes this
8491035 title; and
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8761036 4. One Hundred Twenty Dollars ($120.00) of any fee collected
8771037 pursuant to Section 14-121 of Title 47 of the Oklahoma Statutes this
8781038 title.
8791039 B. Any fees collected pursuant to Sections 14 -116, 14-120 and
8801040 14-121 of Title 47 of the Oklahoma Statutes this title that are in
8811041 excess of Twenty Million Dollars ($20,000,000.00) shall be
8821042 apportioned as otherwise provided for in the sections specified in
8831043 this subsection.
8841044 C. Any monies remitted to the Department of Public Safety
8851045 pursuant to this section before the Department of Public Safety
8861046 receives the personnel transfer provided for by Section 1 of this
8871047 act shall be used by the Department of Public Safety for the
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8881075 purchase of vehicles and equipment for officers of the Department of
8891076 Public Safety.
8901077 SECTION 5. AMENDATORY 47 O.S. 2021, Section 116.14, is
8911078 amended to read as follows:
8921079 Section 116.14. In the event any vehicle is found with no
8931080 registration, not properly registered for the load carried, or
8941081 improperly registered in any manner under the provisions of Section
8951082 116.2a et seq. of this title or any provisions of the motor vehicle
8961083 license and registration laws of this state, Corporation Commission
8971084 enforcement officers or officers of the Department of Public Safety
8981085 shall be authorized to seize and take such vehicle into custody
8991086 until such time as such vehicle is pro perly registered and the
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9261087 license fee thereon is paid in full together with any penalty
9271088 provided by law plus the cost of seizure, including the reasonable
9281089 cost of taking such vehicle into custody and storing it. Any load
9291090 on such vehicle shall be disposed o f by the owner or operator of
9301091 such vehicle. In the event such license fee and penalty together
9311092 with the cost of seizure and storage is not paid, the enforcement
9321093 officer Office of Management and Enterprise Services shall proceed
9331094 to sell such vehicle by pos ting not less than five notices of sale
9341095 in five different public places in the county where such property is
9351096 located, one of such notices to be posted at the place where the
9361097 vehicle is stored; provided, a copy of such notice shall also be
9371098 sent by registered mail, return receipt requested, to the last -known
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9381126 address of the register ed owner of such vehicle in question. Such
9391127 vehicle shall be sold at such sale subject to the following terms
9401128 and conditions:
9411129 1. In the event the sale price is equal to , or greater than,
9421130 the total cost costs of sale, seizure, and the fee and penalty, the
9431131 purchaser shall be issued a certificate of purchase, license plate
9441132 and registration certificate;
9451133 2. In the event the sale price is less than the total costs of
9461134 sale, seizure, and t he fee and penalty, such vehicle shall be sold
9471135 as junk to the highest bidde r, whereupon the bidder shall receive a
9481136 certificate of purchase; and if such vehicle be dismantled, the
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9751137 record to such junked vehicle shall be canceled. If not dismantled,
9761138 the same shall forthwith be registered anew; and
9771139 3. Any residual amount remaining unclaimed by the delinquent
9781140 owner shall be administered in accordance with the Uniform Unclaimed
9791141 Property Act (1981).
9801142 SECTION 6. AMENDATORY 47 O.S. 2021, S ection 162, is
9811143 amended to read as follows:
9821144 Section 162. A. The Corporation Commission is authorized to:
9831145 1. Supervise and regulate every motor carrier of household
9841146 goods;
9851147 2. Protect the shipping and general public by requiring
9861148 liability insurance and ca rgo insurance of all motor carriers of
9871149 household goods;
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9881177 3. Ensure motor carriers of household goods are complying with
9891178 applicable size and weight laws and safety requirements ;
9901179 4. Supervise and regulate such motor carriers in all other
9911180 matters affecting the relationship between such carriers and the
9921181 traveling and shipping public including, but not limited to,
9931182 consumer protection measures and loss and damage claim procedures;
9941183 and
9951184 5. Enforce the provisions of this act ; provided, effective June
9961185 30, 2027, officers of the Department of Public Safety shall have
9971186 exclusive authority for roadside investigation and enforcement as
9981187 well as investigation and enforcement at fixed facilities, as
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10251188 defined by Section 1201 of this title, of the provisions of this act
10261189 and associated rules promulgated by the Commission .
10271190 B. The Commission is authoriz ed to promulgate rules applicable
10281191 to persons transporting household goods.
10291192 C. 1. The Commission is authorized to administer a hazardous
10301193 material transportation registration and pe rmitting program for
10311194 motor carriers engaged in transporting hazardous mater ial upon or
10321195 over the public highways and within the borders of the state.
10331196 2. The Commission shall promulgate rules implementing the
10341197 provisions of this subsection. Rules promulgate d pursuant to this
10351198 subsection shall be consistent with, and equivalent in s cope,
10361199 coverage, and content to , requirements applicable to operators of
10371200 vehicles transporting hazardous materials contained in the report
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10381228 submitted to the Secretary of the United St ates Department of
10391229 Transportation, pursuant to 49 U.S.C. 5119(b), by the Al liance for
10401230 Uniform Hazardous Material Transportation Procedures.
10411231 D. Nothing in this section shall be construed to remove or
10421232 affect the jurisdiction of the Department of Environment al Quality
10431233 to implement hazardous waste transportation requirements for fed eral
10441234 hazardous waste program delegation to this state under the federal
10451235 Resource Conservation and Recovery Act.
10461236 E. The Commission is authorized to promulgate rules and set
10471237 fees applicable to interstate motor carriers, pertaining to carrier
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10741238 registration, operation of equipment and filing of proper proof of
10751239 liability insurance.
10761240 SECTION 7. AMENDATORY 47 O.S. 2021, Section 162.1, is
10771241 amended to read as follows:
10781242 Section 162.1. A. The Corporation Commission is authorized to
10791243 promulgate rules necessary to enable this state to participate in
10801244 the Unified Carrier Registration System for interstate motor
10811245 carriers, brokers, forwarders and leasing companies and interstat e
10821246 motor carriers holding intrastate authority as set forth in the
10831247 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
10841248 Legacy for Users (SAFETEA -LU), Subtitle C-Unified Carrier
10851249 Registration Act of 2005 49 U.S.C., Section 14504a et seq.
10861250 B. It is hereby declared unlawful for any person, its employee,
10871251 its agent, or its independent contractor to operate a motor vehicle
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10881279 within this state when the motor carrier, the motor vehicle, or the
10891280 commercial operator is not in compliance with the Commission ’s rules
10901281 issued pursuant to this section.
10911282 SECTION 8. AMENDATORY 47 O.S. 2021, Section 163, is
10921283 amended to read as follows:
10931284 Section 163. A. No person shall transport household goods for
10941285 compensation or other consideration in intra state commerce without a
10951286 valid certificate issued by the Corporation Commis sion, a copy of
10961287 which shall be maintained in the motor vehicle .
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11231288 B. The Commission shall promulgate rules ensuring consumer
11241289 protection and loss and damage claim procedures .
11251290 C. Every motor carrier, subject to this act, receiving
11261291 household goods for transpo rtation in intrastate commerce shall
11271292 issue a receipt or bill of lading therefor, the form of which shall
11281293 be prescribed by the Commission.
11291294 D. Record-keeping documents, as required b y the Commission,
11301295 shall be maintained by the motor carrier of household goo ds for a
11311296 minimum of three (3) years. The Commission is authorized to require
11321297 certain documents to be retained for a longer period of time pending
11331298 a claim for any other reason the C ommission deems necessary.
11341299 E. It is hereby declared unlawful for any perso n, its employee,
11351300 its agent, or its independent contractor to operate a motor vehicle
11361301 within this state when the motor carrier, the motor vehicle, or the
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11371329 commercial operator is not i n compliance with this act or the
11381330 Commission’s rules pursuant thereto.
11391331 F. Any person, motor carrier, or shipper who shall willfully
11401332 violate any provision of this act or the Commission’s rules pursuant
11411333 thereto may be found in violation by the Commission. After proper
11421334 notice and hearing, violators may be assessed penalties in an amount
11431335 not to exceed One Thousand Dollars ($1,000.00) for the first
11441336 violation and for the second violation within a year a penalty not
11451337 to exceed Five Thousand Dollars ($5,000.00) .
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11721338 SECTION 9. AMENDATORY 47 O.S. 2021, Section 166.5 , is
11731339 amended to read as follows:
11741340 Section 166.5. If this act or, the Motor Carrier Act of 1995 ,
11751341 the Motor Carrier Public Safety Enforcement Act, the Oklahoma Motor
11761342 Carrier Safety and Hazardous Materials Transportation Act, the
11771343 Oklahoma Weigh Station Act of 2012, or any provision hereof of
11781344 Chapter 56 of this title is, or may be deemed to be, in conflict or
11791345 inconsistent with any of the provisions of Section 18 through
11801346 Section 34, inclusive, of Article IX of the Constitution of the
11811347 State of Oklahoma, then, to the extent of any such conflicts or
11821348 inconsistencies, it is hereby expressly declared that this entire
11831349 act these aforementioned acts and this section are amendments to and
11841350 alterations of the sections of the Constitution, as authorized by
11851351 Section 35 of Article IX of said Constitution.
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11861379 SECTION 10. AMENDATORY 47 O.S. 2021, Section 166a, is
11871380 amended to read as follows:
11881381 Section 166a. A. As used in this section:
11891382 1. "Authorized carrier" means a motor carrier of household
11901383 goods;
11911384 2. "Equipment" means a motor vehicle, straight truck, tractor,
11921385 semitrailer, full trailer, any combination of these and any other
11931386 type of equipment used by authorized carriers in the transpor tation
11941387 of household goods;
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12211388 3. "Owner" means a person to whom title to equi pment has been
12221389 issued, or who, without title, has the right to exclusive use of
12231390 equipment for a period longer than thirty (30) days;
12241391 4. "Lease" means a contract or arrangement in w hich the owner
12251392 grants the use of equipment, with or without driver, for a s pecified
12261393 period to an authorized carrier for use in the regulated
12271394 transportation of household goods in exchange for compensation;
12281395 5. "Lessor", in a lease, means the party granting the use of
12291396 equipment with or without driver to another;
12301397 6. "Lessee", in a lease, means the party acquiring the use of
12311398 equipment with or without driver from another;
12321399 7. "Addendum" means a supplement to an existing lease which is
12331400 not effective until signed by the lessor and lessee; and
12341401 8. "Shipper" means a person who sends or re ceives household
12351402 goods which are transported in intrastate commerce in this state.
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12361430 B. An authorized carrier may perform authorized transportation
12371431 in equipment it does not own only under the following conditions:
12381432 1. There shall be a written lease granting the use of the
12391433 equipment and meeting the requirements as set forth in subsection C
12401434 of this section;
12411435 2. The authorized carrier acquiring the use of equipment under
12421436 this section shall identify the equipment in accordance with the
12431437 Commission's requirements; and
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12701438 3. Upon termination of the lease, the authorized carrier shall
12711439 remove all identification showing it as the operating carrier before
12721440 giving up possession of the equipment.
12731441 C. The written lease required pursuant to subsection B of this
12741442 section shall contain the following provisions. The required lease
12751443 provisions shall be adhered to and performed by the authorized
12761444 carrier as follows:
12771445 1. The lease shall be made between the autho rized carrier and
12781446 the owner of the equipment. The lease shall be signed by these
12791447 parties or by their authorized representatives;
12801448 2. The lease shall specify the time and date or the
12811449 circumstances on which the lease begins and ends and include a
12821450 description of the equipment which shall be identified by vehicle
12831451 serial number, make, year, model and current license plate number;
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12841479 3. The period for which the lease applies shall be for thirty
12851480 (30) days or more when the equipment is to be operated for the
12861481 authorized carrier by the owner or an employee of the owner;
12871482 4. The lease shall p rovide that the authorized carrier lessee
12881483 shall have exclusive possession, control and use of the equipment
12891484 for the duration of the lease. The lease shall further provide that
12901485 the authorized carrier lessee shall assume complete responsibility
12911486 for the operation of the equipment for the duration of the lease;
12921487 5. The amount to be paid by the authorized carrier for
12931488 equipment and driver's services shall be clearly stated on the face
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13201489 of the lease or in an addendum which is attached to the lease. The
13211490 amount to be paid may be expressed as a percentage of gross revenue,
13221491 a flat rate per mile, a variable rate depending on the direction
13231492 traveled or the type of commodity transported, or by any other
13241493 method of compensation mutually agreed upon by the parties to the
13251494 lease. The compensation stated on the lease or in the attached
13261495 addendum may apply to equipment and driver's services either
13271496 separately or as a combined amount;
13281497 6. The lease shall cle arly specify the responsibility of each
13291498 party with respect to the cost of f uel, fuel taxes, empty mileage,
13301499 permits of all types, tolls, detention and accessorial services,
13311500 base plates and licenses, and any unused portions of such items.
13321501 Except when the violation results from the acts or omissions of the
13331502 lessor, the authorized ca rrier lessee shall assume the risks and
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13341530 costs of fines for overweight and oversize trailers when the
13351531 trailers are preloaded, sealed, or the load is containerized, or
13361532 when the trailer or lading is otherwise outside of the lessor's
13371533 control, and for improperl y permitted over-dimension and overweight
13381534 loads and shall reimburse the lessor for any fines paid by the
13391535 lessor. If the authorized carrier is authorized to receive a refund
13401536 or a credit for base plates purchased by the lessor from, and issued
13411537 in the name of, the authorized carrier, or if the base plates are
13421538 authorized to be sold by the authorized carrier to another lessor ,
13431539 the authorized carrier shall refund to the initial lessor on whose
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13701540 behalf the base plate was first obtained a prorated share of the
13711541 amount received;
13721542 7. The lease shall specify that payment to the lessor shall be
13731543 made by the authorized carrier within fifteen (15) days after
13741544 submission of the necessary delivery docum ents and other paperwork
13751545 concerning a trip in the service of the authorized carrier. The
13761546 paperwork required before the lessor can receive payment is limited
13771547 to those documents necessary for the authorized carrier to secure
13781548 payment from the shipper. The a uthorized carrier may require the
13791549 submission of additional documents by the lessor but not as a
13801550 prerequisite to payment;
13811551 8. The lease shall clearly specify the right of those lessors
13821552 whose revenue is based on a percentage of the gross revenue for a
13831553 shipment to examine copies of the authorized carrier's freight bill
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13841581 before or at the time of settlement. The lease shall clearly
13851582 specify the right of the lessor, regardless of method of
13861583 compensation, to examine copies of the carrier's tariff;
13871584 9. The lease shall clearly specify all items that may be
13881585 initially paid for by the authorize d carrier, but ultimately
13891586 deducted from the lessor's compensation at the time of payment or
13901587 settlement together with a recitation as to how the amount of each
13911588 item is to be computed . The lessor shall be afforded copies of
13921589 those documents which are necessa ry to determine the validity of the
13931590 charge;
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1591+10. The lease shall specify that the lessor is not required to
1592+purchase or rent any products, equipment, or services from the
1593+authorized carrier as a condition of entering into the lease
1594+arrangement;
1595+11. As it relates to insurance:
1596+a. the lease shall clearly specify the legal obligation
1597+of the authorized carrier to maintain insurance
1598+coverage for the protection of the public, and
1599+b. the lease shall clearly specify the conditions under
1600+which deductions for cargo or property damage may be
1601+made from the lessor's settlements. The lease shall
1602+further specify that the authorized carrier must
1603+provide the lessor with a written explanation and
1604+itemization of any deductions for cargo or property
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1632+damage made from any compe nsation of money owed to the
1633+lessor. The written explanation and itemization must
1634+be delivered to the lessor before any deductions are
1635+made; and
1636+12. An original and two copies of each lease shall be signed by
1637+the parties. The authorized carrier shall ke ep the original and
1638+shall place a copy of the lease in the equipment during the period
1639+of the lease, and it shall be unlawful to operate such equipment
1640+without a copy of the lease i n the equipment. The owner of the
1641+equipment shall keep the other copy of t he lease.
1642+D. The provisions of this section shall apply to the leasing of
1643+equipment with which to perform household goods transportation by
1644+motor carriers.
1645+SECTION 11. AMENDATORY 47 O.S. 2021, Section 169, is
1646+amended to read as fo llows:
1647+Section 169. A. No certificate shall be issued by the
1648+Corporation Commission to any motor carrier of household goods until
1649+after such motor carrier shall have filed with th e Commission a
1650+liability insurance policy or bond covering public liability and
1651+property damage, issued by some insurance or bonding company or
1652+insurance carrier authorized as set forth below, and which has
1653+complied with all of the requirements of the Comm ission, which bond
1654+or policy shall be approved by the Commission, and shall be in such
1655+sum and amount as fixed by a proper order of the Commission; and
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1683+such liability and property damage insurance policy or bond shall
1684+bind the obligor thereunder to make co mpensation for injuries to, or
1685+death of, persons, and loss or damage to pro perty, resulting from
1686+the operation of any such motor carrier for which such carrier is
1687+legally liable. After judgment against the carrier for any damage,
1688+the injured party may mai ntain an action upon the policy or bond to
1689+recover the same, and shall be a proper party to maintain such
1690+action.
1691+B. Every motor carrier of household goods shall file with the
1692+Commission a cargo insurance policy or bond covering any goods or
1693+property being transported, issued by some insurance or bonding
1694+company or insurance car rier authorized as set forth below, and
1695+which has complied with all of the requirements of the Commission,
1696+which bond or policy shall be approved by the Commission, and shall
1697+be in a sum and amount as fixed by Commission rule. The cargo
1698+insurance must be filed with the Commission prior to a certificate
1699+being issued by the Commission.
1700+C. No carrier, whose principal place of business is in
1701+Oklahoma, shall conduct any operations in th is state unless the
1702+operations are covered by a valid primary bond or insur ance policy
1703+issued by an insurer authorized or approved by the Oklahoma
1704+Insurance Department. No carrier whose principal place of business
1705+is not in Oklahoma shall conduct any oper ations in this state unless
1706+the operations are covered by a valid bond or i nsurance policy
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1734+issued by an insurer licensed or approved by the insurance
1735+regulatory authority of the state of their principal place of
1736+business or the Oklahoma Insurance Departmen t.
1737+D. Each motor carrier shall maintain on file, in full force,
1738+all insurance required by the laws of the State of Oklahoma and the
1739+rules of the Commission during such motor carrier's operation and
1740+that the failure for any cause to maintain such coverage in full
1741+force and effect shall immediately, without any notice from the
1742+Commission, suspend such carrier's rights to operate until proper
1743+insurance is provided. Any carrier suspended for failure to
1744+maintain proper insurance shall have a reasonable time, n ot
1745+exceeding sixty (60) days, within which to provide proper insurance
1746+and to have the carrier's authority reactivated, upon showing:
1747+1. No operation during the period in which the carrier did not
1748+have insurance; and
1749+2. Furnishing of proper insurance cov erage.
1750+E. Any carrier who fails to reactivate the carrier's
1751+certificate within sixty (60) days after such suspension, as above
1752+provided, shall have the certificate canceled, by operation of law,
1753+without any notice from the Commission. No certificate so c anceled
1754+shall be reinstated or otherwise made operative except that the
1755+Commission may reinstate the authority of a motor carrier upon
1756+proper showing that the motor carrier was actually covered by proper
1757+insurance during the suspension or cancellation peri od, and that
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1785+failure to file with the Commission was not due to the motor
1786+carrier's fault. Any carrier desiring to file for reinstatement of
1787+the carrier's certificate shall do so within ninety (90) days of its
1788+cancellation by law.
1789+F. The Commission shall , in its discretion, permit the filing
1790+of certificates of insurance coverag e on such form as may be
1791+prescribed by the Commission, in lieu of copies of insurance
1792+policies or bonds, with the proviso that if the certificates are
1793+authorized, the insurance comp any or carrier so filing it, upon
1794+request of the Commission, shall, at any time, furnish an
1795+authenticated copy of the policy which the certificate represents,
1796+and further provided that thirty (30) days prior to effective
1797+cancellation or termination of the policy of insurance for any
1798+cause, the insurer shall so notify the Commissi on in writing of the
1799+facts or as deemed necessary by the Commission.
1800+G. It is hereby declared unlawful for any person, its employee,
1801+its agent, or its independent contractor to eng age in household
1802+goods transportation by motor carriers in violation of thi s section
1803+or the Commission's rules issued pursuant to this section.
1804+SECTION 12. AMENDATORY 47 O.S. 2021, Section 170.1, is
1805+amended to read as follows:
1806+Section 170.1. A. Upon any complaint in writing under oath
1807+being made by any officer of the Department of Public Safety, any
1808+other person, or by the Commission of its own motion, setting forth
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1810+HB2603 HFLR Page 35
1811+BOLD FACE denotes Committee Amendments. 1
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1836+any act or thing done or omitted to be done by any person in
1837+violation, or claimed violation, of any provision of law, or of any
1838+order or rule of the Commission, the Commission shall enter same
1839+upon its docket and shall immediately serve a copy thereof upon each
1840+defendant together with a notice directed to each defendan t
1841+requiring that the matter complained of be answered, in writing,
1842+within ten (10) days of the date of service of such notice, provided
1843+that the Commission may, in its discretion, require particular cases
1844+to be answered within a shorter time, and the Commi ssion may, for
1845+good cause shown, extend the time in which an answer may be filed.
1846+Upon the filing of the answer herein provided for, the
1847+Commission shall set a time and place for the hearing, and notice of
1848+the time and place of the hearing shall be served not less than ten
1849+(10) days before the time set therefor, unless the Commis sion shall
1850+find that public necessity requires the hearing at an earlier date.
1851+B. The Commission may, in all matters within its jurisdiction,
1852+issue subpoenas, subpoenas duces tecum , and all necessary process in
1853+proceedings pending before the Commission; m ay administer oaths,
1854+examine witnesses, compel the production of records, books, papers,
1855+files, documents, contracts, correspondence, agreements, or accounts
1856+necessary for any inves tigation being conducted, and certify
1857+official acts.
1858+C. In case of failure on the part of any person to comply with
1859+any lawful order of the Commission, or of any Commissioner, or with
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1861+HB2603 HFLR Page 36
1862+BOLD FACE denotes Committee Amendments. 1
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1887+any subpoena or subpoena duces tecum, or to testify concerning any
1888+matter on which he or she may be lawfully interrogated, the
1889+Commission may compel obedience by proceedings for contempt as in
1890+the case of disobedience of the requirements of a subpoena, or of
1891+the refusal to testify.
1892+D. Witnesses who are summoned before the Co mmission shall be
1893+paid the same fees and mileage as are paid to witnesses i n courts of
1894+record. Any party to a proceeding at whose instance a subpoena is
1895+issued and served shall pay the costs incident thereto and the fees
1896+for mileage of all his or her witnesses.
1897+E. In the event any process shall be directed to any
1898+nonresident who is authorized to do business in this state, the
1899+process may be served upon the agent designated by the nonresident
1900+for the service of process, and service upon the agent shall be as
1901+sufficient and as effective as if served upon the nonresident.
1902+F. All process issued by the Commission shall extend to all
1903+parts of the state and any such process, together with the service
1904+of all notices issued by the Commission, as well as copies of
1905+complaints, rules, orders and regulations of the Commission, may be
1906+served by any person authorized to serve process issued out of
1907+courts of record, or by certified mail.
1908+G. After the conclusion of any hearing, the Commission shall,
1909+within sixty (60) days , make and file its findings and order, with
1910+its opinion. Its findings sha ll be in sufficient detail to enable
1911+
1912+HB2603 HFLR Page 37
1913+BOLD FACE denotes Committee Amendments. 1
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1938+any court in which any action of the Commission is involved to
1939+determine the controverted questions presented by the proceeding. A
1940+copy of such order, certified under the seal of the Commission,
1941+shall be served upon th e person against whom it runs, or the
1942+attorney of the person, and notice thereof shall be given to the
1943+other parties to the proceedings or their attorneys. The order
1944+shall take effect and become operative within fifteen (15) days
1945+after the service thereof , unless otherwise provided. If an order
1946+cannot, in the judgment of the Commission, be complied with within
1947+fifteen (15) days, the Commission may grant and prescribe such
1948+additional time as in its judgment is reasonably necessary to comply
1949+with the order, and may, on application and for good cause shown,
1950+extend the time for compliance fixed in the order.
1951+H. In the event the Commission finds that the defendant is
1952+guilty upon any complaint filed and proceeding had and that the
1953+provisions of law, or the rule s, regulations or orders of this the
1954+Commission have been willfully and knowingly violated and the
1955+violator holds a permit or certificate or license issued by the
1956+Commission authorizing it to engage in the transportation of persons
1957+or property for hire, th en such permit or certificate or license may
1958+also be revoked by the Commission.
1959+I. Where a complaint is instituted by any person other than an
1960+officer or employee of the Department of Public Safety or the
1961+Commission of its own motion and in the event the Commission should
1962+
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1989+find that the complaint was not in good faith, the complaining party
1990+shall be required to pay the defendant's attorney's fee, the fee to
1991+be prescribed by the Commi ssion in accordance with applicable
1992+Oklahoma Bar Association standards.
1993+J. Any person aggrieved by any findings and order of the
1994+Commission may appeal to the Supreme Court in the way and manner now
1995+or hereafter provided for appeals from the district court to the
1996+Supreme Court.
1997+SECTION 13. AMENDATORY 47 O .S. 2021, Section 171, is
1998+amended to read as follows:
1999+Section 171. All monies accruing to the "Corporation Commission
2000+Revolving Fund" are hereby appropriated to the Corporation
2001+Commission.
2002+The Consistent with the provisions of this act and the Motor
2003+Carrier Public Safety Enforcement Act, the Corporation Commission is
2004+hereby authorized and empowered to employ such extra help as may be
2005+necessary to carry out the provisions of this act for the
2006+enforcement of the law and the collection of taxes set forth herei n,
2007+said employees to be paid from the appropriations made in this
2008+section. Provided, such employees shall be paid such salaries or
2009+compensation as is paid for similar service in th is state in the
2010+same or other departments of the state. The Corporation Commission
2011+is hereby authorized to pay from the "Corporation Commission
2012+Revolving Fund" such extra operating expenses as may be attributable
2013+
2014+HB2603 HFLR Page 39
2015+BOLD FACE denotes Committee Amendments. 1
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2040+to the enforcement of this act, in the sam e manner and form as other
2041+expenses are paid.
2042+Provided further, such employ ees shall be such extra help as may
2043+be in the judgment of the Corporation Commission necessary to aid in
2044+the enforcement of this act in addition to the positions hereinafter
2045+created; the salaries and expenses of the positions hereinafter
2046+created shall be paid out of funds appropriated by the general
2047+departmental appropriations act.
2048+SECTION 14. AMENDATORY 47 O.S. 2021, Section 171.1, is
2049+amended to read as foll ows:
2050+Section 171.1. In addition to other uses authorized by law,
2051+funds provided to the Corporation Commission Revolving Fund pursuant
2052+to Sections 165, 177.2 and 180h of this title shall be expended as
2053+follows:
2054+1. The Corporation Commission Transportation Division shall may
2055+employ noncommissioned personnel to serve as civilian e nforcement
2056+auditors and inspectors in furtherance of regulating the
2057+unauthorized transportation or disposal of deleterious substances or
2058+other unauthorized transportation in violati on of the Motor Carrier
2059+Act of 1995 or the rules and regulations for motor carriers as
2060+promulgated by the Corporation Commission ;
2061+2. Except as provided by the Motor Carrier Public Safety
2062+Enforcement Act, the Commission may employ four special motor
2063+carrier enforcement officers and one supervisor -officer who shall
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2065+HB2603 HFLR Page 40
2066+BOLD FACE denotes Committee Amendments. 1
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2091+have the primary duty of investigating and assisting in the
2092+prosecution of persons engaged in unauthorized transportation or
2093+disposal of deleterious substances as contemplated under the
2094+provisions of the Oklahoma Motor Carrier Act of 1995 and any other
2095+applicable provisions of law. Such employees shall be compensated
2096+as for similar service in the same or other departments of the state
2097+and an expense allowance of One Hundred Dollars ($100.00) per m onth
2098+for maintenance and cleaning of uniforms and other related expenses
2099+shall be paid to such employees. Nothing in this section regarding
2100+expense allowances shall be construed to mean that such employees
2101+shall receive any additional compensation beyond what is provided
2102+for maintenance and cleaning of uniforms and other related expenses
2103+by the Corporation Commission on the effective date of this act .;
2104+2. The Commission shall
2105+3. Except as provided by the Motor Carrier Public Safety
2106+Enforcement Act, the C ommission may purchase a sufficient number of
2107+motor vehicles to provide eac h motor carrier enforcement officer
2108+employed in the Transportation Division a motor vehicle suitable to
2109+carry out the enforcement provisions of applicable law. Said
2110+vehicles shall be appropriately marked as official vehicles and
2111+radio equipped. All costs for operation, maintenance and
2112+replacement of the motor vehicles authorized in this section shall
2113+be provided for from the Corporation Commission Revolving Fund .;
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2115+HB2603 HFLR Page 41
2116+BOLD FACE denotes Committee Amendments. 1
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2141+3. 4. The Commission shall employ a hearing officer whose
2142+primary responsibility shall be t he adjudication of enforcement
2143+proceedings and complaints brought against persons engaged in
2144+unauthorized transportation or disposal of deleterious substances or
2145+other unauthorized transportation in violation of the Oklahoma Motor
2146+Carrier Act of 1995 or the rules and regulations of motor carriers
2147+as promulgated by the Corporation Commission.
2148+SECTION 15. AMENDATORY 47 O.S. 2021, Section 172, is
2149+amended to read as follows:
2150+Section 172. A. Every owner of any motor vehicle, the agents
2151+or employees of the owner, and every other person who violates or
2152+fails to comply with or procures, aids, or abets in the violation of
2153+Sections 161 161A through 180m of this title or the Motor Carrier
2154+Act of 1995, or who fails to obey, observe, or comply with any
2155+order, decision, rule or regulation, direction, demand, or
2156+requirement of the Corporation Commission, or who procures, aids or
2157+abets any corporation or person in the person 's, or its, refusal or
2158+willful failure to obey, observe or comply with any such order,
2159+decision, rule, direction, demand, or regulation , and any person who
2160+operates a motor vehicle in this state when the motor carrier, the
2161+motor vehicle, or the commercial operator is not in compliance with
2162+Sections 161A through 180m of this title , the Motor Carrier Act of
2163+1995, or any rule or regulation issued by the Corporation Commission
2164+pursuant to these statutes , shall be deemed guilty of a misdemeanor.
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2166+HB2603 HFLR Page 42
2167+BOLD FACE denotes Committee Amendments. 1
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2192+Upon conviction in a criminal court of competent jurisdiction, such
2193+misdemeanor is punisha ble by a fine of not exceeding One Thousand
2194+Dollars ($1,000.00).
2195+B. The Corporation Commission shall may report to the Attorney
2196+General of this state and the district attorney of t he proper county
2197+having jurisdiction of such offense , any violation of any of the
2198+provisions of Sections 161 161A through 180m of this title or the
2199+Motor Carrier Act of 1995 , or any rule of the Corporation Commission
2200+promulgated pursuant to the provisions of Sections 161 161A through
2201+180m of this title or the Motor Carrier Act of 1995, by any motor
2202+vehicle owner, agent or employee of such owner, or any other person.
2203+Upon receipt of such report, the Attorney General or the district
2204+attorney of the proper co unty having jurisdiction of such offense
2205+shall institute criminal or civil proceedings against such offender
2206+in the proper court having jurisdiction of such offense. Any
2207+willful failure on the part of members of the Corporation
2208+Commission, the Attorney Ge neral or any district attorney, to comply
2209+with the provisions of this secti on, shall be deemed official
2210+misconduct. The Corporation Commission shall report such complaints
2211+so made to the Governor of this state who shall direct and cause the
2212+laws of this state to be enforced.
2213+C. Any person failing, neglecting or refusing to comp ly with
2214+the provisions of Sections 161 161A through 180m of this title or
2215+the Motor Carrier Act of 1995, or with any rule, regulation, or
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2217+HB2603 HFLR Page 43
2218+BOLD FACE denotes Committee Amendments. 1
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2243+requirement of the Corporation Commission p romulgated pursuant to
2244+the provisions of Sections 161 161A through 180m of this title or
2245+the Motor Carrier Act of 1995, shall be guilty of contempt of the
2246+Corporation Commission , and shall be subject to a fine to be imposed
2247+by the Corporation Commission in a sum not exceeding Five Hundred
2248+Dollars ($500.00). Each day on which suc h contempt occurs shall be
2249+deemed a separate and distinct offense. The maximum fine to be
2250+assessed on each day shall be Five Hundred Dollars ($500.00). All
2251+fines collected pursuan t to the provisions of this section shall be
2252+deposited in the State Treasur y to the credit of the Corporation
2253+Commission Trucking One-Stop Shop Fund, as created in Section 1167
2254+of this title. This subsection shall not apply in the specific
2255+instance of load capacity violations or violations applicable to the
2256+transportation or dis charge of deleterious substances provided for
2257+by specific statutory provisions.
2258+D. The Corporation Commission shall appoint a director of
2259+transportation, a deputy director, an insu rance supervisor, an
2260+insurance clerk, two stenographers, a secretary to the director, an
2261+identification device supervisor and an assistant identification
2262+device supervisor at such salaries as the Legislature may from time
2263+to time prescribe. The employees shall be allowed actual and
2264+necessary travel expenses pursuant to the provi sions of the State
2265+Travel Reimbursement Act. All of the expense claims shall be
2266+presented and paid monthly.
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2268+HB2603 HFLR Page 44
2269+BOLD FACE denotes Committee Amendments. 1
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2294+E. Enforcement officers , appointed by the Corporation
2295+Commission, are hereby declared to be peace officers of this state.
2296+Such officers shall be vested with all powers of peace officers in
2297+enforcing the provisions of Sections 161 161A through 180m of this
2298+title and the Motor Carrier Act of 1995 in all parts of this state.
2299+The powers and duties conferred upon said enforcement officers
2300+shall in no way limit the powers and duties of sheriffs or other
2301+peace officers of the state, or any political subdivision thereof,
2302+or officers of members of the Division of Highway Patrol, subje ct to
2303+the Department of Public Safety.
2304+F. The enforcement officers when on duty, upon reasonable
2305+belief that any motor vehicle is being operated in violation of any
2306+provisions of Sections 161 161A through 180m of this title or the
2307+Motor Carrier Act of 199 5, shall be authorized to require the driver
2308+of the vehicle to stop and sub mit to an inspection of the
2309+identification device, or devices, in the vehicle, and to submit to
2310+such enforcement officer bills of lading, waybills, or other
2311+evidences of the charact er of the commerce being transported in such
2312+vehicle, and to submit to an i nspection of the contents of such
2313+vehicle for the purpose of comparing same with bills of lading or
2314+shipping documentation, waybills, or other evidences of
2315+transportation carried by the driver of the vehicle. The officers
2316+shall not have the right to plea bargain.
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2318+HB2603 HFLR Page 45
2319+BOLD FACE denotes Committee Amendments. 1
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2344+G. The enforcement officers are authorized to serve all
2345+warrants, writs, and notices issued by the Corporation Commission
2346+relating to the enforcement of the provisions of Sections 161 161A
2347+through 180m of this title or the Motor Carrier Act of 19 95 and the
2348+rules, regulations, and requirements prescribed by the Corporation
2349+Commission promulgated pursuant to Sections 161 161A through 180m of
2350+this title or the Motor Carrier Ac t of 1995.
2351+H. The enforcement officers shall not have the power or right
2352+of search, nor shall they have the right of power of seizure, except
2353+as provided in Sections 161 161A through 180m of this title or the
2354+Motor Carrier Act of 1995. The enforcement of ficers are authorized
2355+to hold and detain any motor vehicle operating upon t he highways of
2356+this state, if, the enforcement officer has reason to believe that
2357+the vehicle is being operated contrary to the provisions of Sections
2358+161 161A through 180m of this title or the Motor Carrier Act of
2359+1995, or the rules, regulations, and requ irements of the Corporation
2360+Commission promulgated pursuant to Sections 161 161A through 180m of
2361+this title or the Motor Carrier Act of 1995.
2362+I. No state official, other than membe rs of the Corporation
2363+Commission, shall have any power, right, or authority to command,
2364+order, or direct any enforcement officer to perform any duty or
2365+service authorized by Sections 161 161A through 180m of this title
2366+or the Motor Carrier Act of 1995.
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2368+HB2603 HFLR Page 46
2369+BOLD FACE denotes Committee Amendments. 1
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2394+J. Each of the enforcement officers shall, before entering upon
2395+the discharge of their duties, take and subscribe to the usual oath
2396+of office and shall execute to the State of Oklahoma a bond in the
2397+sum of Twenty-five Thousand Dollars ($25,000.00) each, with
2398+sufficient surety for the faithful performance of their duty. The
2399+bond shall be approved and filed as provided by law.
2400+K. No enforcement officer or employee of the Oklahoma
2401+Corporation Commission shall have the right to plea bargain in motor
2402+carrier or motor transportation matters submitted to the Commission
2403+for adjudication except the chief legal counsel of the Commission or
2404+an assign of the legal staff of the chief legal counsel.
2405+L. In accordance with the Motor Carrier Public Safety
2406+Enforcement Act, effective June 30, 202 7, the Commission shall no
2407+longer employ the enforceme nt officers referenced in this section.
2408+SECTION 16. AMENDATORY 47 O.S. 2021, Section 177.2, is
2409+amended to read as follows:
2410+Section 177.2. A. No motor carrier shall engage in the
2411+business of transporting any salt water, mineral br ines, waste oil
2412+and other deleterious substances produced from or obtained or used
2413+in connection with the drilling, development, producing and
2414+operating of oil and gas wells and bri ne wells, for any valuable
2415+consideration whatever, or in any quantity over twenty (20) gallons,
2416+without a license authorizing such operation and a deleterious
2417+substance transport permit to be issued by the Commission.
2418+
2419+HB2603 HFLR Page 47
2420+BOLD FACE denotes Committee Amendments. 1
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2445+Provided, transportation of such subs tances by private carrier of
2446+property by motor vehicle shall require a dele terious substance
2447+transport permit. Any permit required by this section shall be
2448+carried in any vehicle engaged in the transportation of deleterious
2449+substances.
2450+B. No carrier shall transport deleterious substances under a
2451+carrier license issued by the Co mmission until such time as the
2452+carrier has been issued a deleterious substance transport permit.
2453+C. No deleterious substance transport permit shall be issued to
2454+a motor carrier or private carrier until the carrier has furnished
2455+written proof of access to a Class II disposal well or wells. Said
2456+written proof of access shall be provided by the owner of such
2457+disposal well. Such disposal well must first be approved by the
2458+Corporation Commission as adequate to meet the need for proper
2459+disposal of all substan ces which the applicant may reasonably be
2460+expected to transport as a motor carrier or private carrier.
2461+Provided that nothing in this section shall be construed as
2462+prohibiting the disposition of such deleterious substances in a
2463+disposal well that is owned by a person other than the transporter.
2464+D. The Commission shall maintain a current list of such
2465+permits. The Commission shall charge such annual deleterious
2466+substance transport pe rmitting fees as will cover the cost of
2467+issuing such licenses and an annual fee of Two Hundred Fifty Dollars
2468+($250.00) for each such deleterious substance transport license.
2469+
2470+HB2603 HFLR Page 48
2471+BOLD FACE denotes Committee Amendments. 1
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2496+Proceeds from the fees shall be deposited by the Commission in the
2497+State Treasury to the credit of the Corporation Commission Revolving
2498+Fund. The provision s of this section are supplemental and are in
2499+addition to the laws applicable to motor carriers.
2500+E. It shall be unlawful for any person to engage in the
2501+transportation of deleterio us substances or to operate a vehicle
2502+engaged in the transportation of dele terious substances without a
2503+permit required by this section.
2504+SECTION 17. AMENDATORY 47 O.S. 2021, Section 180c, is
2505+amended to read as follows:
2506+Section 180c. The Oklahoma Corporation Commission may issue an
2507+order for the seizure a nd confiscation and return to the Commission
2508+of any identification device or devices , for any of the following
2509+reasons, and to direct said order or orders to any officer of the
2510+State of Oklahoma charged with the duties of enforcing the
2511+provisions of this a ct and/or any other section of the motor carrier
2512+law now in force or hereinafter enacted:
2513+1. In all cases where the motor carrier has permitted the
2514+insurance coverage, as required by law to be filed with the
2515+Commission, to lapse or become cancelled canceled or for any reason
2516+to become void and fail to meet the requirements as provided by law;
2517+2. For failure on the part of any motor carrier , or his or her
2518+or its agents or employees to comply with any part or provision of
2519+this act, or any other act or law o r part or provision thereof
2520+
2521+HB2603 HFLR Page 49
2522+BOLD FACE denotes Committee Amendments. 1
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2547+relative to the legal operation of a for -hire motor carrier, or to
2548+obey, observe or comply with any order, decision, rule or
2549+regulation, direction, deman d or requirement, or any part or
2550+provision thereof, of the Commission , or who fails to obey, observe,
2551+or comply with any direction or demand of an officer of the
2552+Department of Public Safety ;
2553+3. Upon the cancellation or revocation of the certificate or
2554+permit or (IRC) Interstate Registration Certificate (IRC) or license
2555+under which said identification device or devices were issued; or
2556+4. For operating any powered motor vehicle in violation of the
2557+terms and provisions of this act or the Motor Carrier Act of 1995
2558+and all applicable size and weight laws and safety standards of this
2559+state.
2560+SECTION 18. AMENDATORY 47 O.S. 2021, Section 180m, is
2561+amended to read as follows:
2562+Section 180m. In addition to all other duties as provided by
2563+law, it is hereby declared to be, and shall be , the duty of all
2564+officers of the Department of Public Safety, sheriffs, deputy
2565+sheriffs, district attorneys, and enforcement officers appointed by
2566+the Corporation Commission of the State of Oklahoma , and all highway
2567+patrolmen within the State of Oklahoma :
2568+1. To enforce the provisions of Sections 180 through 180m of
2569+this title or the Motor Carrier Act of 1995;
2570+
2571+HB2603 HFLR Page 50
2572+BOLD FACE denotes Committee Amendments. 1
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2597+2. To apprehend and detain any motor vehicle or vehicles and
2598+driver or operator and their aides who are op erating any motor
2599+vehicle, upon or along the highways of this state, for a reasonable
2600+length of time, for the purpose of investigating and determining
2601+whether such vehicle is being operated in violation of any of the
2602+provisions of Sections 180 through 180m of this title or the Motor
2603+Carrier Act of 1995;
2604+3. To make arrests for th e violation of the provisions of
2605+Sections 180 through 180m of this title or the Motor Carrier Act of
2606+1995, without the necessity of procuring a warrant;
2607+4. To sign the necessary co mplaint and to cause the violator or
2608+violators to be promptly arraigned bef ore a court of competent
2609+jurisdiction for trial;
2610+5. To aid and assist in the prosecution of the violator or
2611+violators in the name of the State of Oklahoma to the end that this
2612+law shall be enforced;
2613+6. To report all such arrests for violations of Section s 180
2614+through 180m of this title to the Corporation Commission of Oklahoma
2615+within ten (10) days after making such arrest and to furnish such
2616+information concerning same as the Commi ssion may request; and
2617+7. At the request of the Corporation Commission, to seize and
2618+confiscate any and all identification devices and to forward the
2619+same to the Corporation Commission for cancellation.
2620+
2621+HB2603 HFLR Page 51
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2647+SECTION 19. AMENDATORY 47 O .S. 2021, Section 230.29, is
2648+amended to read as follows:
2649+Section 230.29. A. As used in this section:
2650+1. "Authorized carrier" means a person or persons authorized to
2651+engage in the transportation of passengers or property as a licensed
2652+motor carrier;
2653+2. "Equipment" means a motor vehicle, straight truck, tractor,
2654+semitrailer, full trailer, any combination of these and any other
2655+type of equipment used by authorized carriers in the transportation
2656+of passengers or property for hire;
2657+3. "Owner" means a person to whom title to equipment has been
2658+issued, or who, without title, has the right to exclusive use of
2659+equipment for a period longer than thirty (30) days;
2660+4. "Lease" means a contract or arrangement in which the owner
2661+grants the use of equipment, with or w ithout driver, for a specified
2662+period to an authorized carrier for use in t he regulated
2663+transportation of passengers or property , in exchange for
2664+compensation;
2665+5. "Lessor", in a lease, means the party granting the use of
2666+equipment, with or without driver, to another;
2667+6. "Lessee", in a lease, means the party acquiring the use of
2668+equipment, with or without driver, from another;
2669+7. "Addendum" means a supplement to an existing lease which is
2670+not effective until signed by the lessor and lessee; and
2671+
2672+HB2603 HFLR Page 52
2673+BOLD FACE denotes Committee Amendments. 1
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2698+8. "Shipper" means a person who sends or receives passengers or
2699+property which is tr ansported in intrastate commerce in this state.
2700+B. An authorized carrier may perform authorized transportation
2701+in equipment it does not own only under the following conditions:
2702+1. There shall be a written lease granting the use of the
2703+equipment and meeting the requirements as set forth in subsection C
2704+of this section;
2705+2. The authorized carrier acquiring the use of equipment under
2706+this section shall identify the equipment in accord ance with the
2707+requirements of the Commission; and
2708+3. Upon termination of t he lease, the authorized carrier shall
2709+remove all identification showing it as the operating carrier before
2710+giving up possession of the equipment.
2711+C. The written lease required pur suant to subsection B of this
2712+section shall contain the following provision s. The required lease
2713+provisions shall be adhered to and performed by the authorized
2714+carrier as follows:
2715+1. The lease shall be made between the authorized carrier and
2716+the owner of the equipment. The lease shall be signed by these
2717+parties or by their aut horized representatives;
2718+2. The lease shall specify the time and date or the
2719+circumstances on which the lease begins and ends and include a
2720+description of the equipment which shall be identified by vehicle
2721+serial number, make, year model and current licen se plate number;
2722+
2723+HB2603 HFLR Page 53
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2749+3. The period for which the lease applies shall be for thirty
2750+(30) days or more when the equipment is to be operated for the
2751+authorized carrier by the owner or an employee of the owner;
2752+4. The lease shall provide that the authorized carr ier lessee
2753+shall have exclusive possession, control and use of the equipment
2754+for the duration of the lease. The lease shall further provide that
2755+the authorized carrier lessee shall assume complete responsibility
2756+for the operation of the equipment for the duration of the lease;
2757+5. The amount to be paid by the authorized carrier for
2758+equipment and driver's services shall be clearly stated on the face
2759+of the lease or in an addendum whi ch is attached to the lease;
2760+6. The lease shall clearly specify the respon sibility of each
2761+party with respect to the cost of fuel, fuel taxes, empty mileage,
2762+permits of all types, tolls, detention and accessorial services,
2763+base plates and licenses, and an y unused portions of such items.
2764+Except when the violation results from th e acts or omissions of the
2765+lessor, the authorized carrier lessee shall assume the risks and
2766+costs of fines for overweight and oversize trailers when the
2767+trailers are preloaded, seal ed, or the load is containerized, or
2768+when the trailer or lading is otherwis e outside of the lessor's
2769+control, and for improperly permitted overdimension and overweight
2770+loads and shall reimburse the lessor for any fines paid by the
2771+lessor. If the authorize d carrier is authorized to receive a refund
2772+or a credit for base plates pur chased by the lessor from, and issued
2773+
2774+HB2603 HFLR Page 54
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2800+in the name of, the authorized carrier, or if the base plates are
2801+authorized to be sold by the authorized carrier to another lessor ,
2802+the authorized carrier shall refund to the initial lessor on whose
2803+behalf the base plate was first obtained a prorated share of the
2804+amount received;
2805+7. The lease shall specify that payment to the lessor shall be
2806+made by the authorized carrier within fifteen (15) da ys after
2807+submission of the necessary delivery documents and other paperwork
2808+concerning a trip in the service of the authorized carrier. The
2809+paperwork required before the lessor can receive payment is limited
2810+to those documents necessary for the authorized carrier to secure
2811+payment from the shipper. The authorized carrier may re quire the
2812+submission of additional documents by the lessor but not as a
2813+prerequisite to payment;
2814+8. The lease shall clearly specify the right of the lessor,
2815+regardless of method of compensation, to examine copies of the
2816+documentation of the carrier upon w hich charges are assessed;
2817+9. The lease shall clearly specify all items that may be
2818+initially paid for by the authorized carrier, but ultimately
2819+deducted from the compensation of t he lessor at the time of payment
2820+or settlement together with a recitation a s to how the amount of
2821+each item is to be computed. The lessor shall be afforded copies of
2822+those documents which are necessary to determine the validity of the
2823+charge;
2824+
2825+HB2603 HFLR Page 55
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14202851 10. The lease shall specify that the lessor is not required to
14212852 purchase or rent any pr oducts, equipment, or services from the
14222853 authorized carrier as a condition of entering into the lease
14232854 arrangement;
14242855 11. As it relates to insurance:
14252856 a. the lease shall clearly specify the legal obligation
14262857 of the authorized carrier to maintain insurance
14272858 coverage for the protection of the public, and
14282859 b. the lease shall clearly specify the conditions under
14292860 which deductions for cargo or property damage may be
14302861 made from the lessor's settlem ents. The lease shall
14312862 further specify that the authorized carrier must
14322863 provide the lessor with a written explanation and
14332864 itemization of any deductions for cargo or property
14342865 damage made from any compensation of money owed to the
14352866 lessor. The written explan ation and itemization must
14362867 be delivered to the lessor before any deductions are
14372868 made; and
14382869 12. An original and two copies of each lease shall be signed by
14392870 the parties. The authorized carrier shall keep the original and
14402871 shall place a copy of the lease in t he equipment during the period
14412872 of the lease, and it shall be unlawful to op erate such equipment
14422873 without a copy of the lease in the equipment . The owner of the
14432874 equipment shall keep the other copy of the lease.
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1470-D. The provisions of this section shall apply to the leasing of
1471-equipment with which to perform household goods transportation by
1472-motor carriers.
1473-SECTION 11. AMENDATORY 47 O.S. 2021, Section 169, is
1474-amended to read as follows:
1475-Section 169. A. No certificate shall be issued by the
1476-Corporation Commission to any motor carrier of household goods until
1477-after such motor carrier shall have filed with th e Commission a
1478-liability insurance policy or bond covering public liability and
1479-property damage, issued by some insurance or bonding company or
1480-insurance carrier authorized as set forth below, and which has
1481-complied with all of the requirements of the Comm ission, which bond
1482-or policy shall be approved by the Commission, and shall be in such
1483-sum and amount as fixed by a proper order of the Commission; and
1484-such liability and property damage insurance policy or bond shall
1485-bind the obligor thereunder to make co mpensation for injuries to, or
1486-death of, persons, and loss or damage to property, resulting from
1487-the operation of any such motor carrier for which such carrier is
1488-legally liable. After judgment against the carrier for any damage,
1489-the injured party may mai ntain an action upon the policy or bond to
1490-recover the same, and shall be a proper party to maintain such
1491-action.
1492-B. Every motor carrier of household goods shall file with the
1493-Commission a cargo insurance policy or bond covering any goods or
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1519-
1520-property being transported, issued by some insurance or bonding
1521-company or insurance carrier authorized as set forth below, and
1522-which has complied with all of the requirements of the Commission,
1523-which bond or policy shall be approved by the Commission, and shall
1524-be in a sum and amount as fixed by Commission rule. The cargo
1525-insurance must be filed with the Commission prior to a certificate
1526-being issued by the Commission.
1527-C. No carrier, whose principal place of business is in
1528-Oklahoma, shall conduct any operations in th is state unless the
1529-operations are covered by a valid primary bond or insurance policy
1530-issued by an insurer authorized or approved by the Oklahoma
1531-Insurance Department. No carrier whose principal place of business
1532-is not in Oklahoma shall conduct any oper ations in this state unless
1533-the operations are covered by a valid bond or insurance policy
1534-issued by an insurer licensed or approved by the insurance
1535-regulatory authority of the state of their principal place of
1536-business or the Oklahoma Insurance Departmen t.
1537-D. Each motor carrier shall maintain on file, in full force,
1538-all insurance required by the laws of the State of Oklahoma and the
1539-rules of the Commission during such motor carrier's operation and
1540-that the failure for any cause to maintain such coverage in full
1541-force and effect shall immediately, without any notice from the
1542-Commission, suspend such carrier's rights to operate until proper
1543-insurance is provided. Any carrier suspended for failure to
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1570-maintain proper insurance shall have a reasonable time, n ot
1571-exceeding sixty (60) days, within which to provide proper insurance
1572-and to have the carrier's authority reactivated, upon showing:
1573-1. No operation during the period in which the carrier did not
1574-have insurance; and
1575-2. Furnishing of proper insurance cov erage.
1576-E. Any carrier who fails to reactivate the carrier's
1577-certificate within sixty (60) days after such suspension, as above
1578-provided, shall have the certificate canceled, by operation of law,
1579-without any notice from the Commission. No certificate so c anceled
1580-shall be reinstated or otherwise made operative except that the
1581-Commission may reinstate the authority of a motor carrier upon
1582-proper showing that the motor carrier was actually covered by proper
1583-insurance during the suspension or cancellation peri od, and that
1584-failure to file with the Commission was not due to the motor
1585-carrier's fault. Any carrier desiring to file for reinstatement of
1586-the carrier's certificate shall do so within ninety (90) days of its
1587-cancellation by law.
1588-F. The Commission shall , in its discretion, permit the filing
1589-of certificates of insurance coverage on such form as may be
1590-prescribed by the Commission, in lieu of copies of insurance
1591-policies or bonds, with the proviso that if the certificates are
1592-authorized, the insurance comp any or carrier so filing it, upon
1593-request of the Commission, shall, at any time, furnish an
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1620-authenticated copy of the policy which the certificate represents,
1621-and further provided that thirty (30) days prior to effective
1622-cancellation or termination of the policy of insurance for any
1623-cause, the insurer shall so notify the Commission in writing of the
1624-facts or as deemed necessary by the Commission.
1625-G. It is hereby declared unlawful for any person, its employee,
1626-its agent, or its independent contractor to eng age in household
1627-goods transportation by motor carriers in violation of this section
1628-or the Commission's rules issued pursuant to this section.
1629-SECTION 12. AMENDATORY 47 O.S. 2021, Section 170.1, is
1630-amended to read as follows:
1631-Section 170.1. A. Upon any complaint in writing under oath
1632-being made by any officer of the Department of Public Safety, any
1633-other person, or by the Commission of its own motion, setting forth
1634-any act or thing done or omitted to be done by any person in
1635-violation, or claimed violation, of any provision of law, or of any
1636-order or rule of the Commission, the Commission shall enter same
1637-upon its docket and shall immediately serve a copy thereof upon each
1638-defendant together with a notice directed to each defendan t
1639-requiring that the matter complained of be answered, in writing,
1640-within ten (10) days of the date of service of such notice, provided
1641-that the Commission may, in its discretion, require particular cases
1642-to be answered within a shorter time, and the Commi ssion may, for
1643-good cause shown, extend the time in which an answer may be filed.
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1670-Upon the filing of the answer herein provided for, the
1671-Commission shall set a time and place for the hearing, and notice of
1672-the time and place of the hearing shall be served not less than ten
1673-(10) days before the time set therefor, unless the Commission shall
1674-find that public necessity requires the hearing at an earlier date.
1675-B. The Commission may, in all matters within its jurisdiction,
1676-issue subpoenas, subpoenas duces tecum , and all necessary process in
1677-proceedings pending before the Commission; may administer oaths,
1678-examine witnesses, compel the production of records, books, papers,
1679-files, documents, contracts, correspondence, agreements, or accounts
1680-necessary for any inves tigation being conducted, and certify
1681-official acts.
1682-C. In case of failure on the part of any person to comply with
1683-any lawful order of the Commission, or of any Commissioner, or with
1684-any subpoena or subpoena duces tecum, or to testify concerning any
1685-matter on which he or she may be lawfully interrogated, the
1686-Commission may compel obedience by proceedings for contempt as in
1687-the case of disobedience of the requirements of a subpoena, or of
1688-the refusal to testify.
1689-D. Witnesses who are summoned before the Co mmission shall be
1690-paid the same fees and mileage as are paid to witnesses in courts of
1691-record. Any party to a proceeding at whose instance a subpoena is
1692-issued and served shall pay the costs incident thereto and the fees
1693-for mileage of all his or her witnesses.
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1720-E. In the event any process shall be directed to any
1721-nonresident who is authorized to do business in this state, the
1722-process may be served upon the agent designated by the nonresident
1723-for the service of process, and service upon the agent shall be as
1724-sufficient and as effective as if served upon the nonresident.
1725-F. All process issued by the Commission shall extend to all
1726-parts of the state and any such process, together with the service
1727-of all notices issued by the Commission, as well as copies of
1728-complaints, rules, orders and regulations of the Commission, may be
1729-served by any person authorized to serve process issued out of
1730-courts of record, or by certified mail.
1731-G. After the conclusion of any hearing, the Commission shall,
1732-within sixty (60) days , make and file its findings and order, with
1733-its opinion. Its findings shall be in sufficient detail to enable
1734-any court in which any action of the Commission is involved to
1735-determine the controverted questions presented by the proceeding. A
1736-copy of such order, certified under the seal of the Commission,
1737-shall be served upon the person against whom it runs, or the
1738-attorney of the person, and notice thereof shall be given to the
1739-other parties to the proceedings or their attorneys. The order
1740-shall take effect and become operative within fifteen (15) days
1741-after the service thereof, unless otherwise provided. If an order
1742-cannot, in the judgment of the Commission, be complied with within
1743-fifteen (15) days, the Commission may grant and prescribe such
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1770-additional time as in its judgment is reasonably necessary to comply
1771-with the order, and may, on application and for good cause shown,
1772-extend the time for compliance fixed in the order.
1773-H. In the event the Commission finds that the defendant is
1774-guilty upon any complaint filed and proceeding had and that the
1775-provisions of law, or the rules, regulations or orders of this the
1776-Commission have been willfully and knowingly violated and the
1777-violator holds a permit or certificate or license issued by the
1778-Commission authorizing it to engage in the transportation of persons
1779-or property for hire, then such permit or certificate or license may
1780-also be revoked by the Commission.
1781-I. Where a complaint is instituted by any person other than an
1782-officer or employee of the Department of Public Safety or the
1783-Commission of its own motion and in the event the Commission should
1784-find that the complaint was not in good faith, the complaining party
1785-shall be required to pay the defendant's attorney's fee, the fee to
1786-be prescribed by the Commi ssion in accordance with applicable
1787-Oklahoma Bar Association standards.
1788-J. Any person aggrieved by any findings and order of the
1789-Commission may appeal to the Supreme Court in the way and manner now
1790-or hereafter provided for appeals from the district court to the
1791-Supreme Court.
1792-SECTION 13. AMENDATORY 47 O.S. 2021, Section 171, is
1793-amended to read as follows:
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1820-Section 171. All monies accruing to the "Corporation Commission
1821-Revolving Fund" are hereby appropriated to the Corporation
1822-Commission.
1823-The Consistent with the provisions of this act and the Motor
1824-Carrier Public Safety Enforcement Act, the Corporation Commission is
1825-hereby authorized and empowered to employ such extra help as may be
1826-necessary to carry out the provisions of this act for the
1827-enforcement of the law and the collection of taxes set forth herein,
1828-said employees to be paid from the appropriations made in this
1829-section. Provided, such employees shall be paid such salaries or
1830-compensation as is paid for similar service in th is state in the
1831-same or other departments of the state. The Corporation Commission
1832-is hereby authorized to pay from the "Corporation Commission
1833-Revolving Fund" such extra operating expenses as may be attributable
1834-to the enforcement of this act, in the sam e manner and form as other
1835-expenses are paid.
1836-Provided further, such employees shall be such extra help as may
1837-be in the judgment of the Corporation Commission necessary to aid in
1838-the enforcement of this act in addition to the positions hereinafter
1839-created; the salaries and expenses of the positions hereinafter
1840-created shall be paid out of funds appropriated by the general
1841-departmental appropriations act.
1842-SECTION 14. AMENDATORY 47 O.S. 2021, Section 171.1, is
1843-amended to read as foll ows:
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1870-Section 171.1. In addition to other uses authorized by law,
1871-funds provided to the Corporation Commission Revolving Fund pursuant
1872-to Sections 165, 177.2 and 180h of this title shall be expended as
1873-follows:
1874-1. The Corporation Commission Transportation Division shall may
1875-employ noncommissioned personnel to serve as civilian enforcement
1876-auditors and inspectors in furtherance of regulating the
1877-unauthorized transportation or disposal of deleterious substances or
1878-other unauthorized transportation in violati on of the Motor Carrier
1879-Act of 1995 or the rules and regulations for motor carriers as
1880-promulgated by the Corporation Commission ;
1881-2. Except as provided by the Motor Carrier Public Safety
1882-Enforcement Act, the Commission may employ four special motor
1883-carrier enforcement officers and one supervisor -officer who shall
1884-have the primary duty of investigating and assisting in the
1885-prosecution of persons engaged in unauthorized transportation or
1886-disposal of deleterious substances as contemplated under the
1887-provisions of the Oklahoma Motor Carrier Act of 1995 and any other
1888-applicable provisions of law. Such employees shall be compensated
1889-as for similar service in the same or other departments of the state
1890-and an expense allowance of One Hundred Dollars ($100.00) per m onth
1891-for maintenance and cleaning of uniforms and other related expenses
1892-shall be paid to such employees. Nothing in this section regarding
1893-expense allowances shall be construed to mean that such employees
1894-
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1920-shall receive any additional compensation beyond what is provided
1921-for maintenance and cleaning of uniforms and other related expenses
1922-by the Corporation Commission on the effective date of this act .;
1923-2. The Commission shall
1924-3. Except as provided by the Motor Carrier Public Safety
1925-Enforcement Act, the C ommission may purchase a sufficient number of
1926-motor vehicles to provide each motor carrier enforcement officer
1927-employed in the Transportation Division a motor vehicle suitable to
1928-carry out the enforcement provisions of applicable law. Said
1929-vehicles shall be appropriately marked as official vehicles and
1930-radio equipped. All costs for operation, maintenance and
1931-replacement of the motor vehicles authorized in this section shall
1932-be provided for from the Corporation Commission Revolving Fund .;
1933-3. 4. The Commission shall employ a hearing officer whose
1934-primary responsibility shall be the adjudication of enforcement
1935-proceedings and complaints brought against persons engaged in
1936-unauthorized transportation or disposal of deleterious substances or
1937-other unauthorized transportation in violation of the Oklahoma Motor
1938-Carrier Act of 1995 or the rules and regulations of motor carriers
1939-as promulgated by the Corporation Commission.
1940-SECTION 15. AMENDATORY 47 O.S. 2021, Section 172, is
1941-amended to read as follows:
1942-Section 172. A. Every owner of any motor vehicle, the agents
1943-or employees of the owner, and every other person who violates or
1944-
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1970-fails to comply with or procures, aids, or abets in the violation of
1971-Sections 161 161A through 180m of this title or the Motor Carrier
1972-Act of 1995, or who fails to obey, observe, or comply with any
1973-order, decision, rule or regulation, direction, demand, or
1974-requirement of the Corporation Commission, or who procures, aids or
1975-abets any corporation or person in the person 's, or its, refusal or
1976-willful failure to obey, observe or comply with any such order,
1977-decision, rule, direction, demand, or regulation , and any person who
1978-operates a motor vehicle in this state when the motor carrier, the
1979-motor vehicle, or the commercial operator is not in compliance with
1980-Sections 161A through 180m of this title, the Motor Carrier Act of
1981-1995, or any rule or regulation issued by the Corporation Commission
1982-pursuant to these statutes , shall be deemed guilty of a misdemeanor.
1983-Upon conviction in a criminal court of competent jurisdiction, such
1984-misdemeanor is punishable by a fine of not exceeding One Thousand
1985-Dollars ($1,000.00).
1986-B. The Corporation Commission shall may report to the Attorney
1987-General of this state and the district attorney of t he proper county
1988-having jurisdiction of such offense , any violation of any of the
1989-provisions of Sections 161 161A through 180m of this title or the
1990-Motor Carrier Act of 1995 , or any rule of the Corporation Commission
1991-promulgated pursuant to the provisions of Sections 161 161A through
1992-180m of this title or the Motor Carrier Act of 1995, by any motor
1993-vehicle owner, agent or employee of such owner, or any other person.
1994-
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2020-Upon receipt of such report, the Attorney General or the district
2021-attorney of the proper co unty having jurisdiction of such offense
2022-shall institute criminal or civil proceedings against such offender
2023-in the proper court having jurisdiction of such offense. Any
2024-willful failure on the part of members of the Corporation
2025-Commission, the Attorney Ge neral or any district attorney, to comply
2026-with the provisions of this section, shall be deemed official
2027-misconduct. The Corporation Commission shall report such complaints
2028-so made to the Governor of this state who shall direct and cause the
2029-laws of this state to be enforced.
2030-C. Any person failing, neglecting or refusing to comply with
2031-the provisions of Sections 161 161A through 180m of this title or
2032-the Motor Carrier Act of 1995, or with any rule, regulation, or
2033-requirement of the Corporation Commission p romulgated pursuant to
2034-the provisions of Sections 161 161A through 180m of this title or
2035-the Motor Carrier Act of 1995, shall be guilty of contempt of the
2036-Corporation Commission , and shall be subject to a fine to be imposed
2037-by the Corporation Commission in a sum not exceeding Five Hundred
2038-Dollars ($500.00). Each day on which such contempt occurs shall be
2039-deemed a separate and distinct offense. The maximum fine to be
2040-assessed on each day shall be Five Hundred Dollars ($500.00). All
2041-fines collected pursuan t to the provisions of this section shall be
2042-deposited in the State Treasury to the credit of the Corporation
2043-Commission Trucking One-Stop Shop Fund, as created in Section 1167
2044-
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2070-of this title. This subsection shall not apply in the specific
2071-instance of load capacity violations or violations applicable to the
2072-transportation or discharge of deleterious substances provided for
2073-by specific statutory provisions.
2074-D. The Corporation Commission shall appoint a director of
2075-transportation, a deputy director, an insu rance supervisor, an
2076-insurance clerk, two stenographers, a secretary to the director, an
2077-identification device supervisor and an assistant identification
2078-device supervisor at such salaries as the Legislature may from time
2079-to time prescribe. The employees shall be allowed actual and
2080-necessary travel expenses pursuant to the provisions of the State
2081-Travel Reimbursement Act. All of the expense claims shall be
2082-presented and paid monthly.
2083-E. Enforcement officers , appointed by the Corporation
2084-Commission, are hereby declared to be peace officers of this state.
2085-Such officers shall be vested with all powers of peace officers in
2086-enforcing the provisions of Sections 161 161A through 180m of this
2087-title and the Motor Carrier Act of 1995 in all parts of this state.
2088-The powers and duties conferred upon said enforcement officers
2089-shall in no way limit the powers and duties of sheriffs or other
2090-peace officers of the state, or any political subdivision thereof,
2091-or officers of members of the Division of Highway Patrol, subje ct to
2092-the Department of Public Safety.
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2119-F. The enforcement officers when on duty, upon reasonable
2120-belief that any motor vehicle is being operated in violation of any
2121-provisions of Sections 161 161A through 180m of this title or the
2122-Motor Carrier Act of 199 5, shall be authorized to require the driver
2123-of the vehicle to stop and submit to an inspection of the
2124-identification device, or devices, in the vehicle, and to submit to
2125-such enforcement officer bills of lading, waybills, or other
2126-evidences of the charact er of the commerce being transported in such
2127-vehicle, and to submit to an inspection of the contents of such
2128-vehicle for the purpose of comparing same with bills of lading or
2129-shipping documentation, waybills, or other evidences of
2130-transportation carried by the driver of the vehicle. The officers
2131-shall not have the right to plea bargain.
2132-G. The enforcement officers are authorized to serve all
2133-warrants, writs, and notices issued by the Corporation Commission
2134-relating to the enforcement of the provisions of Sections 161 161A
2135-through 180m of this title or the Motor Carrier Act of 1995 and the
2136-rules, regulations, and requirements prescribed by the Corporation
2137-Commission promulgated pursuant to Sections 161 161A through 180m of
2138-this title or the Motor Carrier Ac t of 1995.
2139-H. The enforcement officers shall not have the power or right
2140-of search, nor shall they have the right of power of seizure, except
2141-as provided in Sections 161 161A through 180m of this title or the
2142-Motor Carrier Act of 1995. The enforcement of ficers are authorized
2143-
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2169-to hold and detain any motor vehicle operating upon the highways of
2170-this state, if, the enforcement officer has reason to believe that
2171-the vehicle is being operated contrary to the provisions of Sections
2172-161 161A through 180m of this title or the Motor Carrier Act of
2173-1995, or the rules, regulations, and requirements of the Corporation
2174-Commission promulgated pursuant to Sections 161 161A through 180m of
2175-this title or the Motor Carrier Act of 1995.
2176-I. No state official, other than membe rs of the Corporation
2177-Commission, shall have any power, right, or authority to command,
2178-order, or direct any enforcement officer to perform any duty or
2179-service authorized by Sections 161 161A through 180m of this title
2180-or the Motor Carrier Act of 1995.
2181-J. Each of the enforcement officers shall, before entering upon
2182-the discharge of their duties, take and subscribe to the usual oath
2183-of office and shall execute to the State of Oklahoma a bond in the
2184-sum of Twenty-five Thousand Dollars ($25,000.00) each, with
2185-sufficient surety for the faithful performance of their duty. The
2186-bond shall be approved and filed as provided by law.
2187-K. No enforcement officer or employee of the Oklahoma
2188-Corporation Commission shall have the right to plea bargain in motor
2189-carrier or motor transportation matters submitted to the Commission
2190-for adjudication except the chief legal counsel of the Commission or
2191-an assign of the legal staff of the chief legal counsel.
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2218-L. In accordance with the Motor Carrier Public Safety
2219-Enforcement Act, effective June 30, 202 7, the Commission shall no
2220-longer employ the enforcement officers referenced in this section.
2221-SECTION 16. AMENDATORY 47 O.S. 2021, Section 177.2, is
2222-amended to read as follows:
2223-Section 177.2. A. No motor carrier shall engage in the
2224-business of transporting any salt water, mineral brines, waste oil
2225-and other deleterious substances produced from or obtained or used
2226-in connection with the drilling, development, producing and
2227-operating of oil and gas wells and bri ne wells, for any valuable
2228-consideration whatever, or in any quantity over twenty (20) gallons,
2229-without a license authorizing such operation and a deleterious
2230-substance transport permit to be issued by the Commission.
2231-Provided, transportation of such subs tances by private carrier of
2232-property by motor vehicle shall require a deleterious substance
2233-transport permit. Any permit required by this section shall be
2234-carried in any vehicle engaged in the transportation of deleterious
2235-substances.
2236-B. No carrier shall transport deleterious substances under a
2237-carrier license issued by the Commission until such time as the
2238-carrier has been issued a deleterious substance transport permit.
2239-C. No deleterious substance transport permit shall be issued to
2240-a motor carrier or private carrier until the carrier has furnished
2241-written proof of access to a Class II disposal well or wells. Said
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2268-written proof of access shall be provided by the owner of such
2269-disposal well. Such disposal well must first be approved by the
2270-Corporation Commission as adequate to meet the need for proper
2271-disposal of all substances which the applicant may reasonably be
2272-expected to transport as a motor carrier or private carrier.
2273-Provided that nothing in this section shall be construed as
2274-prohibiting the disposition of such deleterious substances in a
2275-disposal well that is owned by a person other than the transporter.
2276-D. The Commission shall maintain a current list of such
2277-permits. The Commission shall charge such annual deleterious
2278-substance transport pe rmitting fees as will cover the cost of
2279-issuing such licenses and an annual fee of Two Hundred Fifty Dollars
2280-($250.00) for each such deleterious substance transport license.
2281-Proceeds from the fees shall be deposited by the Commission in the
2282-State Treasury to the credit of the Corporation Commission Revolving
2283-Fund. The provisions of this section are supplemental and are in
2284-addition to the laws applicable to motor carriers.
2285-E. It shall be unlawful for any person to engage in the
2286-transportation of deleterio us substances or to operate a vehicle
2287-engaged in the transportation of deleterious substances without a
2288-permit required by this section.
2289-SECTION 17. AMENDATORY 47 O.S. 2021, Section 180c, is
2290-amended to read as follows:
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2317-Section 180c. The Oklahoma Corporation Commission may issue an
2318-order for the seizure and confiscation and return to the Commission
2319-of any identification device or devices , for any of the following
2320-reasons, and to direct said order or orders to any officer of the
2321-State of Oklahoma charged with the duties of enforcing the
2322-provisions of this act and/or any other section of the motor carrier
2323-law now in force or hereinafter enacted:
2324-1. In all cases where the motor carrier has permitted the
2325-insurance coverage, as required by law to be filed with the
2326-Commission, to lapse or become cancelled canceled or for any reason
2327-to become void and fail to meet the requirements as provided by law;
2328-2. For failure on the part of any motor carrier , or his or her
2329-or its agents or employees to comply with any part or provision of
2330-this act, or any other act or law or part or provision thereof
2331-relative to the legal operation of a for -hire motor carrier, or to
2332-obey, observe or comply with any order, decision, rule or
2333-regulation, direction, deman d or requirement, or any part or
2334-provision thereof, of the Commission , or who fails to obey, observe,
2335-or comply with any direction or demand of an officer of the
2336-Department of Public Safety ;
2337-3. Upon the cancellation or revocation of the certificate or
2338-permit or (IRC) Interstate Registration Certificate (IRC) or license
2339-under which said identification device or devices were issued; or
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2366-4. For operating any powered motor vehicle in violation of the
2367-terms and provisions of this act or the Motor Carrier Act of 1995
2368-and all applicable size and weight laws and safety standards of this
2369-state.
2370-SECTION 18. AMENDATORY 47 O.S. 2021, Section 180m, is
2371-amended to read as follows:
2372-Section 180m. In addition to all other duties as provided by
2373-law, it is hereby declared to be, and shall be , the duty of all
2374-officers of the Department of Public Safety, sheriffs, deputy
2375-sheriffs, district attorneys, and enforcement officers appointed by
2376-the Corporation Commission of the State of Oklahoma , and all highway
2377-patrolmen within the State of Oklahoma :
2378-1. To enforce the provisions of Sections 180 through 180m of
2379-this title or the Motor Carrier Act of 1995;
2380-2. To apprehend and detain any motor vehicle or vehicles and
2381-driver or operator and their aides who are op erating any motor
2382-vehicle, upon or along the highways of this state, for a reasonable
2383-length of time, for the purpose of investigating and determining
2384-whether such vehicle is being operated in violation of any of the
2385-provisions of Sections 180 through 180m of this title or the Motor
2386-Carrier Act of 1995;
2387-3. To make arrests for the violation of the provisions of
2388-Sections 180 through 180m of this title or the Motor Carrier Act of
2389-1995, without the necessity of procuring a warrant;
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2416-4. To sign the necessary co mplaint and to cause the violator or
2417-violators to be promptly arraigned before a court of competent
2418-jurisdiction for trial;
2419-5. To aid and assist in the prosecution of the violator or
2420-violators in the name of the State of Oklahoma to the end that this
2421-law shall be enforced;
2422-6. To report all such arrests for violations of Sections 180
2423-through 180m of this title to the Corporation Commission of Oklahoma
2424-within ten (10) days after making such arrest and to furnish such
2425-information concerning same as the Commi ssion may request; and
2426-7. At the request of the Corporation Commission, to seize and
2427-confiscate any and all identification devices and to forward the
2428-same to the Corporation Commission for cancellation.
2429-SECTION 19. AMENDATORY 47 O .S. 2021, Section 230.29, is
2430-amended to read as follows:
2431-Section 230.29. A. As used in this section:
2432-1. "Authorized carrier" means a person or persons authorized to
2433-engage in the transportation of passengers or property as a licensed
2434-motor carrier;
2435-2. "Equipment" means a motor vehicle, straight truck, tractor,
2436-semitrailer, full trailer, any combination of these and any other
2437-type of equipment used by authorized carriers in the transportation
2438-of passengers or property for hire;
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2464-
2465-3. "Owner" means a person to whom title to equipment has been
2466-issued, or who, without title, has the right to exclusive use of
2467-equipment for a period longer than thirty (30) days;
2468-4. "Lease" means a contract or arrangement in which the owner
2469-grants the use of equipment, with or w ithout driver, for a specified
2470-period to an authorized carrier for use in the regulated
2471-transportation of passengers or property , in exchange for
2472-compensation;
2473-5. "Lessor", in a lease, means the party granting the use of
2474-equipment, with or without driver, to another;
2475-6. "Lessee", in a lease, means the party acquiring the use of
2476-equipment, with or without driver, from another;
2477-7. "Addendum" means a supplement to an existing lease which is
2478-not effective until signed by the lessor and lessee; and
2479-8. "Shipper" means a person who sends or receives passengers or
2480-property which is transported in intrastate commerce in this state.
2481-B. An authorized carrier may perform authorized transportation
2482-in equipment it does not own only under the following conditions:
2483-1. There shall be a written lease granting the use of the
2484-equipment and meeting the requirements as set forth in subsection C
2485-of this section;
2486-2. The authorized carrier acquiring the use of equipment under
2487-this section shall identify the equipment in accord ance with the
2488-requirements of the Commission; and
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2515-3. Upon termination of the lease, the authorized carrier shall
2516-remove all identification showing it as the operating carrier before
2517-giving up possession of the equipment.
2518-C. The written lease required pur suant to subsection B of this
2519-section shall contain the following provisions. The required lease
2520-provisions shall be adhered to and performed by the authorized
2521-carrier as follows:
2522-1. The lease shall be made between the authorized carrier and
2523-the owner of the equipment. The lease shall be signed by these
2524-parties or by their authorized representatives;
2525-2. The lease shall specify the time and date or the
2526-circumstances on which the lease begins and ends and include a
2527-description of the equipment which shall be identified by vehicle
2528-serial number, make, year model and current license plate number;
2529-3. The period for which the lease applies shall be for thirty
2530-(30) days or more when the equipment is to be operated for the
2531-authorized carrier by the owner or an employee of the owner;
2532-4. The lease shall provide that the authorized carrier lessee
2533-shall have exclusive possession, control and use of the equipment
2534-for the duration of the lease. The lease shall further provide that
2535-the authorized carrier lessee shall assume complete responsibility
2536-for the operation of the equipment for the duration of the lease;
2537-
2538-ENGR. H. B. NO. 2603 Page 52 1
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2563-5. The amount to be paid by the authorized carrier for
2564-equipment and driver's services shall be clearly stated on the face
2565-of the lease or in an addendum whi ch is attached to the lease;
2566-6. The lease shall clearly specify the responsibility of each
2567-party with respect to the cost of fuel, fuel taxes, empty mileage,
2568-permits of all types, tolls, detention and accessorial services,
2569-base plates and licenses, and an y unused portions of such items.
2570-Except when the violation results from the acts or omissions of the
2571-lessor, the authorized carrier lessee shall assume the risks and
2572-costs of fines for overweight and oversize trailers when the
2573-trailers are preloaded, seal ed, or the load is containerized, or
2574-when the trailer or lading is otherwise outside of the lessor's
2575-control, and for improperly permitted overdimension and overweight
2576-loads and shall reimburse the lessor for any fines paid by the
2577-lessor. If the authorize d carrier is authorized to receive a refund
2578-or a credit for base plates purchased by the lessor from, and issued
2579-in the name of, the authorized carrier, or if the base plates are
2580-authorized to be sold by the authorized carrier to another lessor ,
2581-the authorized carrier shall refund to the initial lessor on whose
2582-behalf the base plate was first obtained a prorated share of the
2583-amount received;
2584-7. The lease shall specify that payment to the lessor shall be
2585-made by the authorized carrier within fifteen (15) da ys after
2586-submission of the necessary delivery documents and other paperwork
2587-
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2613-concerning a trip in the service of the authorized carrier. The
2614-paperwork required before the lessor can receive payment is limited
2615-to those documents necessary for the authorized carrier to secure
2616-payment from the shipper. The authorized carrier may require the
2617-submission of additional documents by the lessor but not as a
2618-prerequisite to payment;
2619-8. The lease shall clearly specify the right of the lessor,
2620-regardless of method of compensation, to examine copies of the
2621-documentation of the carrier upon which charges are assessed;
2622-9. The lease shall clearly specify all items that may be
2623-initially paid for by the authorized carrier, but ultimately
2624-deducted from the compensation of t he lessor at the time of payment
2625-or settlement together with a recitation as to how the amount of
2626-each item is to be computed. The lessor shall be afforded copies of
2627-those documents which are necessary to determine the validity of the
2628-charge;
2629-10. The lease shall specify that the lessor is not required to
2630-purchase or rent any products, equipment, or services from the
2631-authorized carrier as a condition of entering into the lease
2632-arrangement;
2633-11. As it relates to insurance:
2634-a. the lease shall clearly specify the legal obligation
2635-of the authorized carrier to maintain insurance
2636-coverage for the protection of the public, and
2637-
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2663-b. the lease shall clearly specify the conditions under
2664-which deductions for cargo or property damage may be
2665-made from the lessor's settlem ents. The lease shall
2666-further specify that the authorized carrier must
2667-provide the lessor with a written explanation and
2668-itemization of any deductions for cargo or property
2669-damage made from any compensation of money owed to the
2670-lessor. The written explan ation and itemization must
2671-be delivered to the lessor before any deductions are
2672-made; and
2673-12. An original and two copies of each lease shall be signed by
2674-the parties. The authorized carrier shall keep the original and
2675-shall place a copy of the lease in t he equipment during the period
2676-of the lease, and it shall be unlawful to operate such equipment
2677-without a copy of the lease in the equipment . The owner of the
2678-equipment shall keep the other copy of the lease.
2876+HB2603 HFLR Page 56
2877+BOLD FACE denotes Committee Amendments. 1
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26792902 D. The provisions of this section shall apply to the leasing of
26802903 equipment with which to perform transportation regulated by the
26812904 Corporation Commission by motor carriers holding a license from the
26822905 Commission to transport passengers or property.
26832906 SECTION 20. AMENDATORY 47 O.S. 2 021, Section 230.30, is
26842907 amended to read as follows:
26852908 Section 230.30. A. No license shall be issued by the Oklahoma
26862909 Corporation Commission to any carrier until after the carrier shall
2687-
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27132910 have filed with the Commission a liability insurance policy or bond
27142911 covering public liability and property damage, issued by some
27152912 insurance or bonding company or insurance carrier authorized
27162913 pursuant to this section and which has complied with all of the
27172914 requirements of the Commission, which bond or policy shall be
27182915 approved by the Commission, and shall be in a sum and amount as
27192916 fixed by a proper orde r of the Commission; and the liability and
27202917 property damage insurance policy or bond shall bind the obligor
27212918 thereunder to make compensation for injuries to, or death of,
27222919 persons, and loss or damage to property , resulting from the
27232920 operation of any carrier fo r which the carrier is legally liable. A
27242921 copy of the policy or bond shall be filed with the Commission, and,
27252922 after judgment against the carrier for any damage, the injured party
27262923 may maintain an action upon the policy or bond to recover the same,
27272924 and shall be a proper party to maintain such action.
2925+
2926+HB2603 HFLR Page 57
2927+BOLD FACE denotes Committee Amendments. 1
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27282952 B. Every motor carrier shall file with the Commission a cargo
27292953 insurance policy or bond covering any goods or property being
27302954 transported, issued by some insurance or bonding company or
27312955 insurance carrier authorize d as set forth below, and which has
27322956 complied with all of the requirements of the Commission, which bond
27332957 or policy shall be approved by the Commission , and shall be in a sum
27342958 and amount as fixed by a proper order of the Commission. The cargo
27352959 insurance must be filed with the Commission prior to a license being
2736-
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27622960 issued by the Commission, unless the motor carrier has been exempted
27632961 from this requirement.
27642962 Intrastate motor carriers of sand, rock, gravel, asphaltic
27652963 mixtures or other similar road building materials s hall not be
27662964 required to file cargo insurance and shall be required to maintain
27672965 liability insurance limits of Three Hundred Fifty Thousand Dollars
27682966 ($350,000.00) combined single limit .
27692967 No carrier, whose principal place of business is in Oklahoma,
27702968 shall conduct any operations in this state unless the operations are
27712969 covered by a valid primary bond or insurance policy issued by a
27722970 provider authorized or approved by the State Insurance Comm issioner.
27732971 No carrier shall conduct any operations in this state unless the
27742972 operations are covered by a valid bond or insurance policy issued by
27752973 a provider authorized and approved by a National Association of
27762974 Insurance Commissioners and certified by the St ate Insurance
27772975 Commission.
2976+
2977+HB2603 HFLR Page 58
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27783003 C. Each carrier shall maintain on file, in full force, all
27793004 insurance required by the laws of this state and the rules of the
27803005 Commission during the operation of the carrier and that the failure
27813006 for any cause to maintain the covera ge in full force and effect
27823007 shall immediately, without any notice from the Commission, suspend
27833008 the rights of the carrier to operate until proper insurance is
27843009 provided. Any carrier suspended for failure to maintain proper
27853010 insurance shall have a reasonable time, not exceeding sixty (60)
2786-
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28123011 days, to have its license reactivated, and t o provide proper
28133012 insurance upon showing:
28143013 1. No operation during the period in which it did not have
28153014 insurance; and
28163015 2. Furnishing of proper insurance coverage.
28173016 D. Any carrier who fails to reactivate its license within sixty
28183017 (60) days after the suspension , as above provided, shall have the
28193018 license canceled, by operation of law, without any notice from the
28203019 Commission. No license so canceled shall be reinstated or otherwise
28213020 made operative except that the Commission may reinstate the license
28223021 of a carrier upon proper showing that the carrier was actually
28233022 covered by proper insurance during the suspension or cancellation
28243023 period, and that failure to file with the Commission was not due to
28253024 the negligence of the carrier. Any carrier desiring to file for
28263025 reinstatement of its license shall do so within ninety (90) days of
28273026 its cancellation by law.
3027+
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28283054 E. The Commission shall, in its discretion, permit the filing
28293055 of certificates of insurance covera ge or such form as may be
28303056 prescribed by the Commission, in lieu of copies o f insurance
28313057 policies or bonds, with the proviso that if the certificates are
28323058 authorized the insurance company or carrier so filing it, upon
28333059 request of the Commission, will, at any t ime, furnish an
28343060 authenticated copy of the policy which the certificate repr esents,
28353061 and further provided that thirty (30) days prior to effective
2836-
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28623062 cancellation or termination of the policy of insurance for any
28633063 cause, the insurer shall so notify the Commissio n in writing of the
28643064 facts or as deemed necessary by the Commission.
28653065 F. It is hereby declared unlawful for any person, its employee,
28663066 its agent, or its independent contractor to operate a motor vehicle
28673067 when a motor carrier is not in compliance with this sec tion or the
28683068 Commission’s rules issued pursuant to this section.
28693069 SECTION 21. AMENDATORY 47 O.S. 2021, Section 1115, as
28703070 last amended by Section 1, Chapter 246, O.S.L. 2023 (47 O.S. Supp.
28713071 2024, Section 1115), is amended to read as fol lows:
28723072 Section 1115. A. Unless provided otherwise by statute, the
28733073 following vehicles shall be registered annually: manufactured
28743074 homes, vehicles registered with a permanent nonexpiring license
28753075 plate pursuant to Section 1113 of this title, and commercial
28763076 vehicles registered pursuant to the installment plan provided in
28773077 subsection H of Section 1133 of this title. The following schedule
3078+
3079+HB2603 HFLR Page 60
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28783105 shall apply for such vehicle purchased in this state or brought into
28793106 this state by residents of this state:
28803107 1. Between January 1 and March 31, the payment of the full
28813108 annual fee shall be required;
28823109 2. Between April 1 and June 30, the payment of three -fourths
28833110 (3/4) the annual fee shall be required;
28843111 3. Between July 1 and September 30, the payment of one -half
28853112 (1/2) the annual fee shall be required; and
2886-
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29123113 4. Between October 1 and November 30, one -fourth (1/4) the
29133114 annual fee shall be required.
29143115 License plates or decals for each year shall be made available
29153116 on December 1 of each preceding year for such vehicles. Any person
29163117 who purchases such vehicle or manufactured home between December 1
29173118 and December 31 of any year shall register it within thirty (30)
29183119 days from date of purchase and obtain a license plate or
29193120 Manufactured Home License Registration Decal, as appropriate, for
29203121 the following calendar year upon payment of the full annual fee.
29213122 Unless provided othe rwise by statute, all annual license,
29223123 registration and other fees for such vehicles shall be due and
29233124 payable on January 1 of each year and if not paid by February 1
29243125 shall be deemed delinquent.
29253126 B. 1. All vehicles, other than those required to be registere d
29263127 pursuant to the provisions of subsection A of this section, shall be
29273128 registered on a staggered system of registration and licensing on a
3129+
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29283156 monthly series basis to distribute the wor k of registering such
29293157 vehicles as uniformly and expeditiously as practicabl e throughout
29303158 the calendar year unless otherwise provided in this section. After
29313159 the end of the month following the expiration date, the license and
29323160 registration fees for the new re gistration period shall become
29333161 delinquent. At the time of registration or renewal, the owner of
29343162 the vehicle may choose either an annual or a biennial registration
29353163 of the vehicle.
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29623164 2. All fleet vehicles registered pursuant to new applications
29633165 approved pursuant to the provisions of Section 1120 of this title
29643166 shall be registered on a staggered system monthly basis.
29653167 3. Applicants seeking to establish Oklahoma as the base
29663168 jurisdiction for registering apportioned fleet vehicles shall have a
29673169 one-time option of registering for a period of not less than six (6)
29683170 months nor greater than ei ghteen (18) months. Subsequent renewals
29693171 for these registrants will be for twelve (12) months, expiring on
29703172 the last day of the month chosen by the registrant under the one -
29713173 time option as provided herein. In addition, registrants with
29723174 multiple fleets may d esignate a different registration month of
29733175 expiration for each fleet.
29743176 As used in this section, "fleet" shall have the same meaning as
29753177 set forth in the International Registration Pla n.
29763178 4. Effective January 1, 2004, all motorcycles and mopeds shall
29773179 be registered on a staggered system of registration. Service
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29783207 Oklahoma shall notify in writing, prior to December 1, 2003, all
29793208 owners of motorcycles or mopeds registered as of such date, wh o
29803209 shall have a one-time option of registering for a period of not less
29813210 than three (3) months nor greater than fifteen (15) months.
29823211 Subsequent renewals for these registrants will be for twelve (12)
29833212 months, expiring on the last day of the month chosen by th e
29843213 registrant under the one -time option as provided herein. All
29853214 motorcycles and mopeds registered pursuant to new applications
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30123215 received on or after December 1, 2003, shall also be registered
30133216 pursuant to the provisions of this paragraph.
30143217 5. Any three or more commercial vehicles owned by the same
30153218 person and previously registered i n this state may be registered at
30163219 the same time regardless of the month or months in which they were
30173220 previously registered. The month in which the commercial vehicles
30183221 are newly registered shall be the month in which their registration
30193222 is renewed annually. If a commercial vehicle is registered pursuant
30203223 to this paragraph in the same calendar year in which it was
30213224 previously registered, license and registration fees shall be
30223225 prorated to account for the difference between the previous renewal
30233226 month and the new renewal month and those fees shall be due at the
30243227 time of registration pursuant to this paragraph.
30253228 C. The following penalties shall apply for delinquent
30263229 registration fees:
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30273257 1. For fleet vehicles required to be registered pursuant to the
30283258 provisions of Section 1120 of this title for which a properly
30293259 completed application for registration has not been received by the
30303260 Corporation Commission by the last day of the month following the
30313261 registration expiration date, a penalty of thirty percent (30%) of
30323262 the Oklahoma portion of the annual registration fee, or Two Hundred
30333263 Dollars ($200.00), whichever is greater, shall be assessed. The
30343264 license and registration cards issued by the Corporation Co mmission
3035-
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30613265 for each fleet vehicle shall be valid until two (2) months after t he
30623266 registration expiration date;
30633267 2. For commercial vehicles registered under the provisions of
30643268 subsection B of this section, except those vehicles registered
30653269 pursuant to Section 11 33.1 of this title, a penalty shall be
30663270 assessed after the last day of the m onth following the registration
30673271 expiration date. A penalty of twenty -five cents ($0.25) per day
30683272 shall be added to the license fee of such vehicle and shall accrue
30693273 for one (1) month. Thereafter, the penalty shall be thirty percent
30703274 (30%) of the annual regi stration fee, or Two Hundred Dollars
30713275 ($200.00), whichever is greater;
30723276 3. For new or used manufactured homes, not registered within
30733277 thirty (30) days from date of purchase or date su ch manufactured
30743278 home was brought into this state, a penalty equal to the
30753279 registration fee shall be assessed; or
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30763307 4. For all vehicles a penalty shall be assessed after the last
30773308 day of the month following the expiration date and no penalty shall
30783309 be waived by Service Oklahoma or any licensed operator except as
3079-provided for in subsection H of Section 1133 of this title,
3080-subsection C of Section 1127 of this title, or when the vehicle was
3081-stolen as certified by a police report or other documentation as
3082-required by Service Oklahoma. A penalty of One Dollar ($1.00) per
3083-day shall be added to the license fee of such vehicle, provided that
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3110-the penalty shall not exceed One Hundred Dollars ($100.00). Of each
3111-dollar penalty collected pursuant to this subsection:
3310+provided for in subsec tion H of Section 1133, subsection C of
3311+Section 1127 of this title, or when the vehicle was stolen as
3312+certified by a police report or other documentation as required by
3313+Service Oklahoma. A penalty of One Dollar ($1.00) per day shall be
3314+added to the license fee of such vehicle, provided that the penalty
3315+shall not exceed One Hundred Dollars ($100.00). Of each dollar
3316+penalty collected pursuant to this subsection:
31123317 a. twenty-one cents ($0.21) shall be apportioned as
31133318 provided in Section 1104 of this title,
31143319 b. twenty-one cents ($0.21) shall be retained by the
31153320 licensed operator, and
31163321 c. fifty-eight cents ($0.58) shall be deposited in the
31173322 General Revenue Fund.
31183323 D. In addition to all other pen alties provided in the Oklahoma
31193324 Vehicle License and Registration Act, the f ollowing penalties shall
31203325 be imposed and collected by any Enforcement Officer of the
31213326 Corporation Commission upon finding any commercial vehicle being
31223327 operated in violation of the pro visions of the Oklahoma Vehicle
31233328 License and Registration Act.
31243329 The penalties shall apply to any commercial vehicle found to be
31253330 operating in violation of the following provisions:
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31263358 1. A penalty of not less than Fifty Dollars ($50.00) shall be
31273359 imposed upon any person found to be operating a commercial vehicle
31283360 sixty (60) days after t he end of the month in which the license
31293361 plate or registration credentials expire without the current year
31303362 license plate or registration credential displayed. Such penalty
31313363 shall not exceed the amount established by the Corporation
31323364 Commission pursuant to t he provisions of subsection A of Section
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31593365 1167 of this title. Revenue from such penalties shall be
31603366 apportioned as provided in Section 1167 of this title;
31613367 2. A penalty of not less t han Fifty Dollars ($50.00) shall be
31623368 imposed for any person operating a comm ercial vehicle subject to the
31633369 provisions of Section 1120 or Section 1133 of this title without the
31643370 proper display of, or, carrying in such commercial vehicle, the
31653371 identification credentials issued by the Corporation Commission as
31663372 evidence of payment of the fee or tax as provided in Section 1120 or
31673373 Section 1133 of this title. Such penalty shall not exceed the
31683374 amount established by the Corporation Commission pursuant to the
31693375 provisions of subsection A of Section 1167 of this title. Revenue
31703376 from such penalties shall be apportioned as provided in Section 1167
31713377 of this title; and
31723378 3. A penalty of not less than One Hundred Dollars ($100.00)
31733379 shall be imposed for any person that fails to regi ster any
31743380 commercial vehicle subject to the Oklahoma Vehicle License and
31753381 Registration Act. Such penalty shall not exceed the amount
3382+
3383+HB2603 HFLR Page 66
3384+BOLD FACE denotes Committee Amendments. 1
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31763409 established by the Corporation Commission pursuant to the provisions
31773410 of subsection A of Section 1167 of this title. Revenue from such
31783411 penalties shall be apportioned as provided in Section 1167 of th is
31793412 title.
31803413 E. Service Oklahoma, or the Corporation Commission with respect
31813414 to vehicles registered under Section 1120 or Section 1133 of this
31823415 title, shall assess the registration fee s and penalties for the year
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32093416 or years a vehicle was not registered. For ve hicles not registered
32103417 for two (2) or more years, the registration fees and penalties shall
32113418 be due only for the current year and one (1) previous year.
32123419 F. In addition to any other p enalty prescribed by law, there
32133420 shall be a penalty of not less than Twenty Dollars ($20.00) upon a
32143421 finding by an enforcement officer that:
32153422 1. The registration of a vehicle registered pursuant to Section
32163423 1132 of this title is expired and it is sixty (60) o r more days
32173424 after the end of the month of expiration; or
32183425 2. The registration fees for a vehicle that is subject to the
32193426 registration fees pursuant to Section 1132 of this title have not
32203427 been paid.
32213428 Such penalty shall not exceed the amount established by the
32223429 Corporation Commission pursuant to the provisions of subsection A of
32233430 Section 1167 of this title. Revenue from such penalties shall be
32243431 apportioned as provided in Section 1167 of this title.
3432+
3433+HB2603 HFLR Page 67
3434+BOLD FACE denotes Committee Amendments. 1
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32253459 G. If a vehicle is donated to a nonprofit charitable
32263460 organization, the nonprofit charitable organization shall be exempt
32273461 from paying any current or past due registration fees, excise tax,
32283462 transfer fees, and penalties and interest. However, after the
32293463 donation, if the person donating the vehicle, or someone on behalf
32303464 of such person, purchases the same vehicle back from the nonprofit
32313465 charitable organization to which the vehicle was donated, such
32323466 person shall be liable for all current and past -due registration
3233-
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32593467 fees, excise tax, title or transfer fees, and penalties and int erest
32603468 on such vehicle.
32613469 H. Service Oklahoma shall promulgate rules and any necessary
32623470 procedures to establish an option for a biennial registration for
32633471 vehicles registered pursuant to paragraph 1 of subsection B of this
32643472 section.
32653473 1. Regardless of whether t he vehicle owner elects annual or
32663474 biennial registration, the vehicle is sti ll subject to all fees,
32673475 fines, and penalties provided in the Oklahoma Vehicle License and
32683476 Registration Act.
32693477 2. For vehicle owners who elect biennial registration, the
32703478 annual registration fee shall be twice the annual registration fee
32713479 provided in the Okla homa Vehicle License and Registration Act.
32723480 3. When processing biennial registrations, licensed operators
32733481 shall be entitled to retain twice the amounts provided in paragraphs
32743482 1 and 2 of subsection A of Section 1141.1 of this title and twice
3483+
3484+HB2603 HFLR Page 68
3485+BOLD FACE denotes Committee Amendments. 1
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32753510 the amount provided in paragraph 14 of subsection A of Section
32763511 1141.1 of this title for processing insurance verification
32773512 information.
32783513 SECTION 22. AMENDATORY 47 O.S. 2021, Section 1124, is
32793514 amended to read as follows:
32803515 Section 1124. A. Any person, firm or corporation owning or
32813516 possessing a commercial vehicle who:
32823517 1. Is a resident of the United States;
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33093518 2. Is required to register the vehicle under the laws of this
33103519 state;
33113520 3. Is not authorized to drive the vehicle on the public roads
33123521 of this state for lack of registration or reciprocity of this
33133522 state’s laws with the laws of the state in which the vehicle is
33143523 registered; and
33153524 4. Operates the vehicle for commercial purposes ;,
33163525 may receive a temporary permit from the Corporation Commission. The
33173526 permit shall be recognized in lieu of registration in this state.
33183527 The permit shall indicate the time and date of its issuance and
33193528 shall be valid for a period not to exceed seventy -two (72) hours
33203529 from such indicated time.
33213530 B. A fee of Twelve Dollars ($12.00) shall be charged for the
33223531 issuance of the temporary permit , which shall be apportioned in the
33233532 same manner as other vehicle license fees are apportioned under the
3533+
3534+HB2603 HFLR Page 69
3535+BOLD FACE denotes Committee Amendments. 1
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33243560 terms of the motor vehicl e license and registration laws of this
33253561 state.
33263562 C. The temporary permit sha ll not be issued to any person, firm
33273563 or corporation owning or possessing a commercial vehicle, truck,
33283564 truck-tractor, trailer, semitrailer or motor bus , who has been
33293565 apprehended for violating the registration laws of this state. If
33303566 apprehended, the vehicle shall be immediately subject to such
33313567 registration laws. Possession of the temporary permit shall not
33323568 affect any liability or duty which the owner or operator of a
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33593569 vehicle might otherwise have by law. An operator of a vehicle
33603570 possessing an expired, alter ed or undated temporary permit shall be
33613571 deemed to be operating an unregistered motor vehicle and shall be
33623572 subject to registration and penalties therefor as provided by law.
33633573 D. The Corporation Commission may enter into an agreement with
33643574 any person or corporation located within or without the state for
33653575 transmission of temporary permits for a commercial vehicle by way of
33663576 a facsimile machine or other device when the Corporation Commissi on
33673577 determines that such agreement is in the best interests of the
33683578 state.
33693579 E. The Corporation Commission may enter into an agreement with
33703580 any state for transmission of that state’s temporary permits for a
33713581 commercial vehicle by way of a facsimile machine or other device
33723582 when the Corporation Commission determines that such agreement is in
33733583 the best interests of the state.
3584+
3585+HB2603 HFLR Page 70
3586+BOLD FACE denotes Committee Amendments. 1
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33743611 F. Any provision of this act providing for proportional
33753612 registration under reciprocal agreements and the International
33763613 Registration Plan tha t relate to the promulgation of rules shall not
33773614 be subject to the provision s of Section 1151 of this title. The
33783615 Corporation Commission may promulgate such rules as it deems
33793616 necessary to administer the provisions of this section. The
33803617 Corporation Commissio n may prescribe an application form for the
33813618 temporary permit and such other forms as it deems appropriate.
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34083619 G. The provisions of this section shall not apply to vehicles
34093620 entering this state for the express purpose of transporting the
34103621 resources and equipmen t necessary to support production activities
34113622 of the motion picture, televis ion and video film industries
34123623 operating within the state. Any such vehicle properly registered
34133624 under the laws of another state or not registered with this state
34143625 pursuant to the provisions of the International Registration Plan
34153626 and used for the above -stated purpose shall not be subject to the
34163627 registration requirements as set forth in Section 1101 et seq. of
34173628 this title while conducting said business.
34183629 SECTION 23. AMENDATORY 47 O.S. 2021, Section 1151, as
34193630 last amended by Section 109, C hapter 452, O.S.L. 2024 (47 O.S. Supp.
34203631 2024, Section 1151), is amended to read as follows:
34213632 Section 1151. A. It shall be unlawful for any person to commit
34223633 any of the following acts :
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3636+BOLD FACE denotes Committee Amendments. 1
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34233661 1. To lend or to sell to, or knowingly permit the use of by,
34243662 one not entitled thereto any certificate of title, license plate or
34253663 decal issued to or in the custody of the person so lending or
34263664 permitting the use thereof;
34273665 2. To alter or in any manner chan ge a certificate of title,
34283666 registration certificate, license plate or decal issued under the
34293667 laws of this or any other state;
34303668 3. To procure from another state or country, or display upon
34313669 any vehicle owned by such person within this state, except as
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34583670 otherwise provided in the Oklahoma Vehicle License and Registration
34593671 Act, any license plate issued by any state or country other than
34603672 this state, unless there shall be displayed upon such vehicle at all
34613673 times the current license plate and decal assigned to it by Service
34623674 Oklahoma or the Corporation Commission or the vehicle shall display
34633675 evidence that the vehicle is registered as a nonresident vehicle
34643676 pursuant to rules promulgated by Service Oklahoma, with the
34653677 concurrence of the Department of Public Safety. A viol ation of the
34663678 provisions of this paragraph shall be presumed to have occurre d if a
34673679 person who is the holder of an Oklahoma driver license operates a
34683680 vehicle owned by such person on the public roads or highways of this
34693681 state and there is not displayed on the vehicle a current Oklahoma
34703682 license plate and decal, unless the vehicle is owned by a member of
34713683 the Armed Forces of the United States assigned to duty in this state
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3686+BOLD FACE denotes Committee Amendments. 1
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34723711 in compliance with official military or naval orders or the spouse
34733712 of such a member of the Armed Forces;
34743713 4. To drive, operate or move, or for the owner to cause or
34753714 permit to be driven or moved, upon the roads, streets or highways of
34763715 this state, any vehicle loaded in excess of its registered laden
34773716 weight, or which is licensed for a capacity less than the
34783717 manufacturer’s rated capacity as provided for in the Oklahoma
34793718 Vehicle License and Registration Act;
34803719 5. To operate a vehicle without proper license plate or decal
34813720 or on which all taxes due the state have not been paid. No citation
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35083721 may be issued by any state, county or municipal law enforcement
35093722 officer during the one -month period immediately succeeding the last
35103723 day of the month during which a vehicle registration should have
35113724 been renewed and a current license plate decal obtained and
35123725 displayed on the license plate of the vehicle;
35133726 6. To buy, sell or dispose of, or posses s for sale, use or
35143727 storage, any secondhand or used vehicle on which the registration or
35153728 license fee has not been paid, as required by law, and on which
35163729 vehicle the person neglects, fails or refuses to display at all
35173730 times the license plate or decal assigne d to it;
35183731 7. To give a fictitious name or fictitious address or make any
35193732 misstatement of facts in application for certificate of title and
35203733 registration of a vehicle;
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3735+HB2603 HFLR Page 73
3736+BOLD FACE denotes Committee Amendments. 1
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35213761 8. To purchase a license plate on an assigned certificate of
35223762 title. This particular para graph shall be applicable to all persons
35233763 except a bona fide registered dealer in used cars who are holders of
35243764 a current and valid used car dealer license;
35253765 9. To operate a vehicle u pon the highways of this state after
35263766 the registration deadline for that veh icle without a proper license
35273767 plate, as prescribed by the Oklahoma Vehicle License and
35283768 Registration Act, for the current year;
35293769 10. For any owner of a vehicle registered on the basi s of laden
35303770 weight to fail or refuse to weigh or reweigh it when requested t o do
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35573771 so by any enforcement officer charged with the duty of enforcing
35583772 this law;
35593773 11. To operate or possess any vehicle which bears a motor
35603774 number or serial number other than the ori ginal number placed
35613775 thereon by the factory except a number duly assigned an d authorized
35623776 by the state;
35633777 12. For any licensed operator to release a license plate, a
35643778 manufactured home registration receipt, decal or excise tax receipt
35653779 to any unauthorized perso n or source including any dealer in new or
35663780 used motor vehicles. Violation of this paragraph shall constitute
35673781 sufficient grounds for discharge of a licensed operator by Service
35683782 Oklahoma;
35693783 13. To operate any vehicle registered as a commercial vehicle
35703784 without the lettering requirements of Section 1102 of this title; or
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35713812 14. To operate any vehicle in violation of the provisions of
35723813 Sections 7-600 through 7-606 of this title while displaying a yearly
35733814 decal issued to the owner who has filed an affidavit with the
35743815 appropriate licensed operator in accordance with Section 7 -607 of
35753816 this title; or
35763817 15. To otherwise operate a commercial vehicle when the motor
35773818 carrier, the vehicle, or the commercial operator is not in
35783819 compliance with the Oklahoma Vehicle License and Regist ration Act or
35793820 with the rules of the Corporation Commission pursuant to this act.
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36063821 Any person convicted of violating any provision of this
36073822 subsection, other than paragraph 3 of this subsection, shall be
36083823 deemed guilty of a misdemeanor and upon conviction shal l be punished
36093824 by a fine not to exceed Five Hundred Dollars ($500.00). Any person
36103825 convicted of violating the provisions of paragraph 3 of this
36113826 subsection shall be deemed guilty of a misdemeanor and, upon
36123827 conviction, shall be punished by a fine of not less than One Hundred
36133828 Dollars ($100.00) and not more than Five Hundred Dollars ( $500.00)
36143829 and shall be required to obtain an Oklahoma license plate.
36153830 Employees of the Corporation Commission may be authorized by the
36163831 Corporation Commission to issue citations to mo tor carriers or
36173832 operators of commercial motor vehicles, pursuant to the jur isdiction
36183833 of the Corporation Commission, for a violation of this subsection.
36193834 If a person convicted of violating the provisions of this subsection
36203835 was issued a citation by a duly au thorized employee of the
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36213863 Corporation Commission, the fine herein levied sha ll be apportioned
36223864 as provided in Section 1167 of this title.
36233865 B. Except as otherwise authorized by law, it shall be unlawful
36243866 to:
36253867 1. Lend or sell to, or knowingly permit the use of by, one not
36263868 entitled thereto any certificate of title issued for a manufact ured
36273869 home, manufactured home registration receipt, manufactured home
36283870 registration decal or excise tax receipt;
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36553871 2. Alter or in any manner change a certificate of title issued
36563872 for a manufactured home under the laws of this state or any other
36573873 state;
36583874 3. Remove or alter a manufactured home registration receipt,
36593875 manufactured home registration decal or excise tax receipt attached
36603876 to a certificate of title or attach such receipts to a cert ificate
36613877 of title with the intent to misrepresent the payment of the require d
36623878 excise tax and registration fees;
36633879 4. Buy, sell or dispose of, or possess for sale, use or storage
36643880 any used manufactured home on which the registration fees or excise
36653881 taxes have not been paid as required by law; or
36663882 5. Purchase identification, manufactur ed home registration
36673883 receipt, manufactured home registration decal or excise tax receipt
36683884 on an assigned certificate of title.
36693885 Anyone violating the provisions of this subsection, upo n
36703886 conviction, shall be guilty of a felony.
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36713914 C. In the event a new vehicle i s not registered within thirty
36723915 (30) days from date of purchase, the penalty for the failure of the
36733916 owner of the vehicle to register the vehicle within thirty (30) days
36743917 shall be One Dollar ($1.00) per day; provided, that in no event
36753918 shall the penalty exceed One Hundred Dollars ($100.00). No penalty
36763919 shall be waived by Service Oklahoma or any licensed operator except
36773920 as provided in subsection C of Section 1127 of this title. Of each
36783921 dollar penalty collected pursuant to this subsection:
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37053922 1. Twenty-one cents ($0.21) shall be apportioned as provided in
37063923 Section 1104 of this title;
37073924 2. Twenty-one cents ($0.21) shall be retained by the licensed
37083925 operator; and
37093926 3. Fifty-eight cents ($0.58) sha ll be deposited in the General
37103927 Revenue Fund. The penalty for new commercia l vehicles shall be
37113928 equal to the license fee for such vehicles.
37123929 If a used vehicle is brought into Oklahoma by a resident of this
37133930 state and is not registered within thirty (30) days, a penalty of
37143931 One Dollar ($1.00) per day shall be charged from the date of entry
37153932 to the date of registration; provided, that in no event shall the
37163933 penalty exceed One Hundred Dollars ($100.00). No penalty shall be
37173934 waived by Service Oklahoma or any licensed operator except as
37183935 provided in subsection C of Section 1127 of this title. Of each
37193936 dollar penalty collected pursuant to this subsection:
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37203964 1. Twenty-one cents ($0.21) shall be apportioned as provided in
37213965 Section 1104 of this title;
37223966 2. Twenty-one cents ($0.21) shall be retained by the licensed
37233967 operator; and
37243968 3. Fifty-eight cents ($0.58) shall be deposited in the General
37253969 Revenue Fund. The penalty for used commercial vehicles shall be
37263970 equal to the license fee for such vehicles.
37273971 D. Any owner who knowingly ma kes or causes to be made any false
37283972 statement of a fact required in this sec tion to be shown in an
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37553973 application for the registration of one or more vehicles shall be
37563974 deemed guilty of a misdemeanor and, upon conviction, shall be fined
37573975 not more than One Thousa nd Dollars ($1,000.00), or shall be
37583976 imprisoned in the county jail for not m ore than one (1) year, or by
37593977 both such fine and imprisonment.
37603978 E. The following self -propelled or motor-driven and operated
37613979 vehicles shall not be registered under the provisions of the
37623980 Oklahoma Vehicle License and Registration Act or, except as provided
37633981 for in Section 11-1116 of this title, be permitted to be operated on
37643982 the streets or highways of this state:
37653983 1. Vehicles known and commonly referred to as “minibikes” and
37663984 other similar trade names; provided, minibikes may be registered and
37673985 operated in this state by food vendor services upon streets having a
37683986 speed limit of thirty (30) miles per hour or less;
37693987 2. Golf carts;
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37704015 3. Go-carts; and
37714016 4. Other motor vehicles, except motorcycles, which are
37724017 manufactured principally for use off the streets and highways.
37734018 Transfers and sales of such vehicles shall be subject to sales
37744019 tax and not motor vehicle excise taxes.
37754020 F. Any person violating paragraph 3 or 6 of subsection A of
37764021 this section, in addition to the penal provisions provided in this
37774022 section, shall pay as addi tional penalty a sum equal to the amount
37784023 of license fees due on such vehicle or registration fees due on a
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38054024 manufactured home known to be in violation and such amount is hereby
38064025 declared to be a lien upon the vehicle as provided in the Oklahoma
38074026 Vehicle License and Registration Act. In addition to the penalty
38084027 provisions provided in this section, any person violating paragraph
38094028 3 of subsection A of this section shall be deemed guilty of a
38104029 misdemeanor and shall, upon conviction, be punished by a fine of One
38114030 Hundred Dollars ($100.00).
38124031 G. Each violation of any provision of the Oklahoma Vehicle
38134032 License and Registration Act for each and every day such violation
38144033 has occurred shall constitute a separate offense.
38154034 H. Anyone violating any of the provisions heretofore en umerated
38164035 in this section shall be guilty of a misdemeanor and upon conviction
38174036 shall be fined not less than Ten Dollars ($10.00) and not to exceed
38184037 Three Hundred Dollars ($300.00).
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38194065 I. Any violation of any portion of the Oklahoma Vehicle License
38204066 and Registration Act where a specific penalty has not been imposed
38214067 shall constitute a misdemeanor , and upon conviction thereof , the
38224068 person having violated it shall be fined not less than Ten Do llars
38234069 ($10.00) and not to exceed Three Hundred Dollars ($300.00).
38244070 J. Any provision of the Oklahoma Vehicle License and
38254071 Registration Act providing for proportional registration under
38264072 reciprocal agreements and the International Registration Plan that
38274073 relates to the promulgation of rules and regulations shall not be
38284074 subject to the provisions of this section.
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38554075 SECTION 24. AMENDATORY 47 O.S. 2021, Section 1168, is
38564076 amended to read as follows:
38574077 Section 1168. All facilities and equipment un der the
38584078 administrative control of the Oklahoma Tax Commission and used for
38594079 determining the weight of vehicles operated on the roads or highways
38604080 of this state are hereby transferred to the Department of
38614081 Transportation. Any funds appropriated to or any powe rs, duties and
38624082 responsibilities exercised by the Tax Commission for such pu rpose
38634083 shall be transferred to the Department of Transportation. The
38644084 Director of the Office of Management and Enterprise Services is
38654085 hereby authorized to transfer such funds as may be necessary. The
38664086 Effective July 1, 202 6, the Department of Transportation is hereby
38674087 authorized to enter into an agreement with the Corporation
38684088 Commission Department of Public Safety to operate such facilities or
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38694116 equipment. The provisions of this section shall not be construed to
38704117 obligate the Department of Transportation to incur expenses in
38714118 connection with the administration of such facilities and equipment
38724119 in an amount which exceeds deposits to the Weigh Station Improvement
38734120 Revolving Fund.
38744121 SECTION 25. AMENDATORY 47 O.S. 2021, Section 1170, is
38754122 amended to read as follows:
38764123 Section 1170. A. Reports and files of the Corporation
38774124 Commission concerning the administration of the International
38784125 Registration Plan and the International Fuel Tax Agreement, shall be
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39054126 considered confidential and privileged, except as otherwise provided
39064127 for by law, and neither the Commission nor any employee engaged in
39074128 the administration of the International Registration Plan or
39084129 International Fuel Tax Agreement o r charged with the custody of any
39094130 such reports or records nor any person wh o may have secured such
39104131 reports or records from the Commission shall disclose any
39114132 information obtained from the reports or records of any person.
39124133 B. The provisions of this section shall not prevent the
39134134 Commission from disclosing the following information , and no
39144135 liability whatsoever, civil or criminal, shall attach to any member
39154136 of the Commission or any employee thereof for any error or omission
39164137 in the disclosure of such information :
39174138 1. The delivery to a taxpayer or a duly authorized
39184139 representative of the taxpayer of a copy of any report or any other
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39194167 paper filed by the taxpayer pursuant to the provisions of the
39204168 International Registration Plan or the International Fuel Tax
39214169 Agreement;
39224170 2. The exchange of information that is not protected by the
39234171 federal Privacy Protection Act, 42 U.S.C., Section 2000aa et seq.,
39244172 pursuant to reciprocal agreements or compacts entered into by the
39254173 Commission and other state agencies or agencies of the federa l
39264174 government;
39274175 3. The publication of statistics so classified as to prevent
39284176 the identification of a particular report and the items thereof;
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39554177 4. The examination of records and files by the State Auditor
39564178 and Inspector or the duly authorized agents of the St ate Auditor and
39574179 Inspector;
39584180 5. The disclosing of information or evidence to the Oklahoma
39594181 State Bureau of Investigation, Attorney General, Oklahoma State
39604182 Bureau of Narcotics and Dangerous Drugs Control, Department of
39614183 Public Safety, any district attorney, or agent of any federal law
39624184 enforcement agency when the information or eviden ce is to be used by
39634185 such officials to investigate or prosecute violations of the
39644186 criminal provisions of the Uniform Tax Procedure Code or of any
39654187 state tax law or of any federal crim e committed against this state.
39664188 Any information disclosed to the Oklahoma State Bureau of
39674189 Investigation, Attorney General, Oklahoma State Bureau of Narcotics
39684190 and Dangerous Drugs Control, Department of Public Safety, any
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39694218 district attorney, or agent of any federal law enforcement agency
39704219 shall be kept confidential by such person an d not be disclosed
39714220 except when presented to a court in a prosecution for violation of
39724221 the tax laws of this state or except as specifically authorized by
39734222 law, and a violation by the Oklahoma State Bureau of Investigation,
39744223 Attorney General, Oklahoma State Bu reau of Narcotics and Dangerous
39754224 Drugs Control, Department of Public Safety, district attorney, or
39764225 agent of any federal law enforcement agency by otherwise releasing
39774226 the information shall be a felony;
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40044227 6. The use by any division of the Commission of any inf ormation
40054228 or evidence in the possession of or contained in any report or
40064229 return filed or documents obtained by the Commission in the
40074230 administration of the International Fuel Tax Agre ement or the
40084231 International Registration Plan;
40094232 7. The furnishing, at the di scretion of the Commission, of any
40104233 information disclosed by its records or files to any official person
40114234 or body of this state, any other state, the United States, or
40124235 foreign country who is concerned with the administration or
40134236 assessment of any similar tax in this state, any other state or
40144237 province or the United States;
40154238 8. The furnishing of information as to the issuance or
40164239 revocation of any registration or license by the Commission as
40174240 provided for by law. Such information shall be limited to the name
40184241 of the person issued the permit or license, the name of the business
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40194269 entity authorized to engage in business pursuant to the permit or
40204270 license, the address of the business entity, and t he grounds for
40214271 revocation;
40224272 9. The disclosure of information to any person for a purpose as
40234273 authorized by the taxpayer pursuant to a waiver of confidentiality.
40244274 The waiver shall be in writing and shall be made upon such form as
40254275 the Commission may prescribe ;
40264276 10. The disclosure of information directly involved in the
40274277 resolution of the protest by a taxpayer to an assessment of tax or
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40544278 additional tax or the resolution of a claim for a refund filed by a
40554279 taxpayer, including the disclosure of the pendency of an
40564280 administrative proceeding involving such protest or claim, to a
40574281 person called by the Commission as an expert witness or as a witness
40584282 whose area of knowledge or expertise specifically addresses the
40594283 issue addressed in the protest or claim for refund. Such dis closure
40604284 to a witness shall be limited to information pertaining to the
40614285 specific knowledge of that witness as to the transaction or
40624286 relationship between taxpayer and witness;
40634287 11. The furnishing to a prospective purchaser of any business,
40644288 or his or her authorized representative, of information relating to
40654289 any liabilities, delinque ncies, assessments or warrants of the
40664290 prospective seller of the business which have not been filed of
40674291 record, established, or become final and which relate solely to the
40684292 seller’s business. Any disclosure under this paragraph shall only
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40694320 be allowed upon the presentment by the prospective buyer, or the
40704321 buyer’s authorized representative, of the purchase contract and a
40714322 written authorization between the parties; and
40724323 12. The furnishing of information as to the amount of state
40734324 revenue affected by the issuance or granting of any registration or
40744325 license or credit issued by the Corporation Commission as provided
40754326 for by law. Such information shall be limited to the type of
40764327 registration, licens e or credit issued or granted, the date and
40774328 duration of such registration, license or credit, and the amount of
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41044329 such revenue. The provisions of this paragraph shall not authorize
41054330 the disclosure of the name of the person issued such registration,
41064331 license, exemption, credit, or the name of the business entity
41074332 authorized to engage in business pursuant to the registration,
41084333 license or credit.
41094334 SECTION 26. AMENDATORY 47 O.S. 2021, Section 1201, is
41104335 amended to read as follows:
41114336 Section 1201. As used in the Oklahoma Weigh Station Act of
41124337 2012:
41134338 1. "Authority" means the Oklahoma Turnpike Authority;
41144339 2. "Commission" means the Corporation Commission;
41154340 3. "Fixed facility" means a weigh station or a port of entry;
41164341 4. "Port of entry" means a facili ty, in close proximity to a
41174342 state line, designed to electronically weigh an d screen motor
41184343 carriers and commercial motor vehicles for compliance with federal
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41194371 and state statutes and rules, allowing compliant carriers to proceed
41204372 with minimal or no delay;
41214373 5. "Roadside enforcement" means a temporary location, with or
41224374 without portable or semi-portable scales, used to randomly check
41234375 commercial motor vehicles or motor carriers for compliance with
41244376 federal or state statutes or rules;
41254377 6. "Weigh station" means a stat ionary and permanent weighing
41264378 facility with fixed scales owned by the state where commercial motor
41274379 vehicles are checked for compliance with weight and size standards.
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41544380 Weigh stations are also utilized to enforce federal and state laws
41554381 and rules applicable t o motor carriers and the operation of
41564382 commercial motor vehicles and their d rivers; and
41574383 7. "North American Standard Inspection" means a Level I, Level
41584384 II, Level III, Level IV, Level V, Hazardous Materials, Cargo Tank or
41594385 Passenger Carrier inspection conduct ed by an individual certified by
41604386 the Federal Motor Carrier Safety Administr ation to conduct such
41614387 inspections.
41624388 SECTION 27. AMENDATORY 47 O.S. 2021, Section 1202, is
41634389 amended to read as follows:
41644390 Section 1202. A. The Department of Tr ansportation, the
41654391 Oklahoma Turnpike Authority and the Corporation Commissio n
41664392 Department of Public Safety may enter into interagency agreements
41674393 concerning the equipment, maintenance and operations of fixed
41684394 facilities.
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41694422 B. The Department of Transportation, t he Authority and the
41704423 Commission Department of Public Safety shall endeavor to
41714424 electronically upgrade weigh stations as practical to minimize the
41724425 duplication of inspections for compliant commercial motor vehicles
41734426 and motor carriers.
41744427 C. The Commission shall operate all All current and future
41754428 ports of entry weigh stations shall be operated eighteen (18) to
41764429 twenty (20) hours a day and seven (7) days a week upon the
41774430 availability of funds and manpower.
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42044431 D. The Except as provided by subsection J of this section, the
42054432 Commission shall continue to conduct roadside enforcement in the
42064433 general area where a fixed facility is planned but no fixed facility
42074434 currently exists until a fixed facility is located in the general
42084435 area or July 1, 2016, whichever is earlier.
42094436 E. When a fixed facility is located in the general area,
42104437 Commission motor carrier and commercial motor vehicle enforcement
42114438 shall be limited to the fixed facility and a radius surrounding the
42124439 facility. If the fixed facility is a weigh station as defined in
42134440 Section 1201 of this title, the applicable radius shall be seven (7)
42144441 miles. If the fixed facility is a port of entry weigh station as
42154442 defined in Section 1201 of this title, the applicable radius shall
42164443 be twenty-five (25) miles. These geographic limitations on
42174444 enforcement shall not apply to officers of the Department of Public
42184445 Safety.
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42194473 F. The Commission may assist in roadside enforcement in a joint
42204474 effort at the request of the Oklahoma Highway Patrol.
42214475 G. The Commission is authorized to conduct audits, reviews,
42224476 investigations, inspections or other enforcement actions by
42234477 enforcement officers, provided those activities are within the scope
42244478 of the Commission's jurisdiction and are not conducted as roadside
42254479 enforcement in accordance with the provisions of the Oklahom a Weigh
42264480 Station Act of 2012.
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42534481 H. The Commission Department of Public Safety may enter into
42544482 interagency cooperative agreements with other state or federal
42554483 agencies to jointly enforce federal and state laws or rules.
42564484 I. North American Standard Inspections s hall be conducted only
42574485 by individuals holding certification in the level or classification
42584486 of inspection being conducted.
42594487 J. Beginning July 1, 202 6, and effective June 30, 202 7, all
42604488 powers, duties, and responsibilities for operation of fixed
42614489 facilities shall be transferred from the Corporation Commission to
42624490 the Department of Pub lic Safety. The period between July 1, 2026,
42634491 and June 30, 2027, shall be a transition al period in which the duty
42644492 and authority to operate all current and future fixed facilities is
42654493 transferred from the Corporation Commission to the Department of
42664494 Public Safety. During this transition al period, the Corporation
42674495 Commission shall operate all current and future ports of entry weigh
42684496 stations according to the standards set forth in this se ction unless
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42694524 the Department of Transportation, Department of Public Safety, and
42704525 Corporation Commission agree, with approval of the transitional task
42714526 force created in Section 1 of this act, to an orderly transition of
42724527 authority to the Department of Public S afety prior to June 30, 202 7.
42734528 During this transition al period, the Department of Transportation,
42744529 Oklahoma Turnpike Authority, Department of Public Safety, and
42754530 Corporation Commission may enter into interagency agreements
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43024531 concerning the equipment, maintenan ce, and operations of fixed
43034532 facilities.
43044533 SECTION 28. AMENDATORY 68 O.S. 2021, Section 608, is
43054534 amended to read as follows:
43064535 Section 608. (a) Every person operating a motor vehicle on the
43074536 highways of this state as a Motor Fuel/Diesel Fuel Importer for Use
43084537 must at all times during such operation have display ed in the cab of
43094538 such motor vehicle, a copy of the Motor Fuel/Diesel Fuel Importer
43104539 for Use License which shall be subject to inspection at all times by
43114540 representatives of the Corpor ation Commission and any officer of the
43124541 Department of Public Safety .
43134542 (b) Any person operating a motor vehicle on the highways of
43144543 this state, the operation of which is subject to the tax levied by
43154544 this article, without having obtained a Motor Fuel/Diesel Fu el
43164545 Importer for Use License as required by Section 607 of this title,
43174546 shall be guilty of a misdemeanor and, upon conviction, punished by a
43184547 fine of not more than One Thousand Dollars ($1,000.00), or by
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43194575 imprisonment in the county jail for a period not exceed ing one (1)
43204576 year or both. The venue for prosecutions arising under this se ction
43214577 shall be in the district court of any county in which such vehicle
43224578 is being operated.
43234579 SECTION 29. REPEALER 47 O.S. 2021, Sections 116.13 and
43244580 172.1, are hereby repealed.
43254581 SECTION 30. This act shall become effectiv e November 1, 2025.
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4352-Passed the House of Representatives the 25th day of March, 2025.
4353-
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4357- Presiding Officer of the House
4358- of Representatives
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4362-Passed the Senate the ____ day of _________, 2025.
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4583+COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
4584+OVERSIGHT, dated 03/04/2025 - DO PASS.