1 STATE OF OKLAHOMA
2 2nd Session of the 58th Legislature (2022)
3 HOUSE BILL 3419 By: Kerbs
4
5
6 AS INTRODUCED
7 An Act relating to motor license agents; providing
for creation of Service Oklahoma as a division of the
8 Office of Management and Enterprise Services;
transferring certain powers, duties, responsibilities
9 and employees by certain date; providing definitions;
providing for a Director of Service Oklahoma;
10 prescribing powers and duties of the Director;
creating the Service Oklahoma Operator Board;
11 providing for Board membership; prohibiting certain
voting; prescribing powers and duties of the Board;
12 allowing certain meetings; providing for selection of
chair and vice-chair; requiring quorum; allowing
13 certain reimbursement; creating the Licensed Operator
Advisory Committee; providing for membership;
14 prescribing applicable term lengths; providing for
certain authority; creating the Service Oklahoma
15 Revolving Fund and the Service Oklahoma Reimbursement
Fund; providing for confidential use of certain
16 records; allowing for certain storage of records;
requiring certain supervision of maintenance of all
17 records of Service Oklahoma; allowing certain
consideration; authorizing interagency agreements;
18 providing for transfer of certain administrative
rules; providing for certain authority to administer
19 oaths and acknowledge signatures; amending 14A O.S.
2021, Sections 2-202.1 and 3-202.1, which relate to
20 return of dishonored checks; modifying statutory
reference; amending 26 O.S. 2021, Sections 3-111, 4-
21 109.3, and 4-110.1, which relate to training program
for precinct officials, voter registration, and time
22 for submission of voter registration applications;
modifying statutory reference; amending 27A O.S.
23 2021, Sections 2-11-401.2 and 2-11-401.6, which
relate to used tire recycling fee, rules, reports,
24 and inspections; modifying statutory reference;
Req. No. 8649 Page 1
1 amending 47 O.S. 2021, Sections 1-107, 1-114, 1-124,
1-155, 1-173, 2-106, 2-108.3, 2-109, 2-110, 2-112, 2-
2 113, 2-116, 4-107, 4-109, 6-101, 6-101.1, 6-102, 6-
103, 6-103.1, 6-105, 6-105.2, 6-105.3, 6-106, 6-107,
3 6-107.1, 6-107.2, 6-110, 6-110.1, 6-110.2, 6-110.5,
6-111, 6-115, 6-116, 6-117, 6-118, 6-119, 6-119A, 6-
4 120, 6-122, 6-124, 6-201, 6-202, 6-203, 6-204, 6-
205.2, 6-206, 6-207, 6-208, 6-211, 6-212, 6-212.2, 6-
5 212.4, 6-301, 6-303, 6-308, 7-101, 7-213, 7-308, 7-
309, 7-310, 7-317, 7-318, 7-506, 7-600.2, 7-602, 8-
6 101, 8-102, 8-103, 11-810, 11-901d, 11-906.3, 11-
1007, 11-1401.2, 12-417, 15-112, 18-101, 230.6, 782,
7 785, 786, 903, 911, 1102, 1104, 1104.1, 1104.2, 1105,
1105A, 1105.2, 1105.5, 1106, 1107, 1107.1, 1107.3,
8 1107.4, 1107.5, 1108, 1109, 1110, 1111, 1112,
1112.1A, 1112.2, 1113, 1113A, 1113.2, 1114, 1114.2,
9 1115, 1115.3, 1116, 1117, 1118, 1119, 1121, 1122,
1123, 1127, 1128, 1129, 1130, 1131, 1132, 1132.1,
10 1132.4, 1132.5, 1132.6, 1132.7, 1132A, 1132B, 1133.3,
1134, 1134.1, 1134.2, 1134.3, 1134.4, 1135.1, 1135.2,
11 1135.3, 1135.4, 1135.5, 1135.6, 1135.7, 1135.8,
1135.9, 1136.2, 1137.1, 1137.2, 1137.3, 1139.1, 1140,
12 1140.2, 1141, 1141.1, 1142, 1142.1, 1143, 1143.1,
1143.2, 1144, 1146, 1146.2, 1147, 1149, 1150, 1151,
13 1151.3, 1151.4, 1166, 1167, 1502, and 1505, which
relate to cancellation of driver license, driver
14 license, identifying number, revocation of driving
privilege, suspension of driving privilege, Driver
15 License Services Division, motor vehicle ownership
and registration information, Commissioner of Public
16 Safety to prescribe forms, authority to administer
oaths, authority to grant or refuse applications,
17 seizure of documents and plates, giving of notice,
removed, falsified or unauthorized identification,
18 altering or forging certificate of title, class
requirements for driver licenses, licenses for
19 persons under twenty-one years of age, persons
exempt, persons not to be licensed, parental
20 objection to licensing of unemancipated child,
graduated Class D licenses, instructor permit,
21 issuance of identification card, application for
license, restricted licenses for unemancipated
22 persons under eighteen years of age, recommendation
of cancellation or denial of driving privileges,
23 cancellation of driving privileges, examination of
applicants, endorsements, computerized finger imaging
24 system, training and education for compliance with
Req. No. 8649 Page 2
1 the REAL ID Act, issuance of license or
identification card, expiration and renewal of driver
2 license, notice of change of address or name, records
to be kept by Department, Driver License Medical
3 Advisory Committee, physical or mental conditions
hazardous to public safety, bioptic driving,
4 cancellation, denial, or disqualification, renewal by
mail, issuance of license or identification card,
5 authority to cancel or deny driving privilege,
suspending privileges of nonresidents, suspension of
6 resident's license upon conviction in another state,
order by court to surrender license, disqualification
7 for certain convictions, authority of Department to
suspend license, authority to deny application,
8 period of suspensions, right of appeal to district
court, reinstatement fees, required completion of
9 alcohol and drug assessment, revocation, suspension,
cancellation or denial of driving privileges,
10 unlawful use of license, driving without license,
penalty for misdemeanor, authority to administer act,
11 court review, applications to nonresidents, courts
reporting nonpayment of judgments, nonresidents,
12 suspension for nonpayment, installment payment of
judgments, failure to pay installments, driving
13 privilege reinstatement fee, online verification for
motor vehicle insurance, certificate of existence of
14 security, owner of for-rent vehicle financial
responsibility, owner of for-rent vehicle liability,
15 renting motor vehicle after another, points for
convictions, penalties for text messaging, driver's
16 manual, parking areas for physically disabled
persons, electronic toll collection, safety belts,
17 disability placards, record of traffic cases, certain
uses of vehicles prohibited, licensing authority,
18 reports, enforcement of Article IV of Driver License
Compact, notice of impoundment, disposition of
19 proceeds of sale, apportionment of fees, license
plate fees, Environmental Education Revolving Fund,
20 definitions, electronic certificates of title,
vehicle identification numbers, background checks,
21 refusal or revocation of title, sale or transfer of
ownership, verification and certification of mileage,
22 certificate of title, written notice of transfer,
transfer of title, lost title, confidentiality of
23 information, perfection of security interest, salvage
title, application for registration, registration of
24 vintage vehicles, transferability of license plates,
Req. No. 8649 Page 3
1 issuance of certificate of registration, reissue of
official vehicle license plates, residency
2 requirements for motor license agents, vehicles
required to be registered, all-terrain vehicles,
3 utility vehicles and motorcycles registration,
registration periods, registration and title for
4 manufactured homes, dishonored checks, temporary
license fee, reciprocal compacts and agreements,
5 military personnel registration of vehicles, in-
transit license plates, special mobilized machinery
6 registration, deposit of fees for use in mailings,
order renewal, vehicle registration fees, license and
7 registration fees, definitions, apportionment of
revenue, fees to the Commission, registered
8 motorcycle fee, motor fuels tax fee, registration
renewals, administration of electronic transactions,
9 noncommercial boat trailers registration, farm
vehicles, license fees, wrecker or towing vehicles,
10 transporting cotton modules, special license plates,
personalized license plates, design of special
11 license plates, License Plate Special Program
Assistance Revolving Fund, authority for contracting,
12 former military vehicles, used dealer temporary
license plate, issuance of dealer license plates,
13 registration and licensing of new motor vehicles,
lease agreements involving counties, qualifications
14 and requirements of motor license agent, License and
ID Apportionment Reimbursement Revolving Fund,
15 falsely advertising as a motor license agent,
retention of taxes and fees, motor license agent
16 accounts, carrying on or compensating messenger,
compensation of motor license agents, Oklahoma Motor
17 License Agent Indemnity Fund, additional duties and
functions of motor license agents, audit and review,
18 instructions or advice to motor vehicle agents,
designating office of county treasurer as motor
19 license agent, Tax Commission powers, certain persons
authorized to administer oaths, offenses and
20 penalties enumerated, mini-truck registration and
operation, medium-speed electric vehicles, transfer
21 of powers of Motor Vehicle Enforcement Section to
Corporation Commission, rules to establish fees,
22 fines and penalties, and property subject to
forfeiture; modifying statutory language; requiring
23 certain examination of documents; providing for
certain deposits; clarifying change for collection
24 and submittal of fees; allowing certain expenditures;
Req. No. 8649 Page 4
1 modifying eligibility; modifying requirements for
licensed operators; allowing license fee; providing
2 for certain sell or transfer; allowing certain
purchase; prohibiting certain compensation; allowing
3 certain exemption; allowing removal of licensed
operators; providing for supervision of licensed
4 operators by Service Oklahoma; allowing for certain
designation; providing for certain sale or transfer
5 fee; assigning certain contracts; providing for
cessation of existing contract; creating the Service
6 Oklahoma License and ID Apportionment Reimbursement
Revolving Fund; allowing retention of certain fees;
7 collection of certain fees; creating the Oklahoma
Licensed Operator Indemnity Fund; amending 63 O.S.
8 2021, Sections 2211, 2220.3, 2220.5, 4002, 4003,
4004, 4006, 4007, 4008, 4009, 4009.1, 4012, 4013,
9 4014, 4015, 4016, 4017, 4019, 4020, 4021, 4022, 4028,
4029, 4030, 4032, 4033, 4034, 4035, 4037.1, 4037.2,
10 4041, 4042, 4043, 4044, 4103, 4105, 4108, and 4204,
which relate to donor notation on driver license,
11 Oklahoma Organ Donor Education and Awareness Program
Revolving Fund, driver license or identification
12 applications, definitions, title requirement,
administration of act, utilization of motor license
13 agents, confidentiality of title and registration
information, application for certificate of title,
14 serial number for outboard motors, sale or transfer
of ownership, perfection of security interest, fees,
15 application required, application for registration of
vessel, registration fees, notice of registration
16 requirements, fees, exemptions and credits,
application directly to Commission, apportionment,
17 refusal, revocation or cancellation of certificate,
permanent number system for vessels, violations,
18 dealers license required, fees, demonstration
permits, relocating existing dealerships, cause for
19 not relocating dealership, violations, denial,
suspension or revocation of license, injunction,
20 permits for displays and sales of new vessels, excise
tax, value of vessel or motor, failure or refusal to
21 pay tax, and administration and enforcement of act
upon waters under jurisdiction; modifying statutory
22 language; amending 68 O.S. 2021, Sections 113, 2101,
2103, 2104, 2813, and 5302, which relate to Tax
23 Commission Reimbursement Fund, definitions, tax on
transfer of legal ownership, value of vehicles,
24 manufactured homes, and affixing of stamp prior to
Req. No. 8649 Page 5
1 sale; modifying statutory language; amending 74 O.S.
2021, Section 85.58H, which relates to limited
2 indemnity coverage for errors and omissions;
modifying statutory language; repealing 47 O.S. 2021,
3 Sections 6-107.4, 6-107.5 and 1140.1, which relate to
licenses or permits for persons under eighteen years
4 of age and cameras furnished to appointed motor
license agents; providing for codification; and
5 declaring an emergency.
6
7
8
9 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
10 SECTION 1. NEW LAW A new section of law to be codified
11 in the Oklahoma Statutes as Section 3-101 of Title 47, unless there
12 is created a duplication in numbering, reads as follows:
13 Service Oklahoma, a division of the Office of Management and
14 Enterprise Services, is hereby created, which shall consist of the
15 Director of Service Oklahoma and such divisions, sections,
16 committees, offices, boards, and positions as may be established by
17 the Director of Service Oklahoma or by law.
18 The applicable powers, duties, and responsibilities exercised by
19 the Driver License Services Division of the Department of Public
20 Safety shall be fully transferred to Service Oklahoma on November 1,
21 2022. All employees of the Department of Public Safety whose duties
22 are transferred under this act shall be transferred to Service
23 Oklahoma.
24
Req. No. 8649 Page 6
1 The applicable powers, duties, and responsibilities exercised by
2 the Motor Services Division of the Oklahoma Tax Commission shall be
3 fully transferred to Service Oklahoma on January 1, 2023. All
4 employees of the Oklahoma Tax Commission whose duties are
5 transferred under this act shall be transferred to Service Oklahoma.
6 SECTION 2. NEW LAW A new section of law to be codified
7 in the Oklahoma Statutes as Section 3-102 of Title 47, unless there
8 is created a duplication in numbering, reads as follows:
9 As used in this act:
10 1. "Board" shall mean the Service Oklahoma Operator Board;
11 2. "Committee" shall mean the Licensed Operator Advisory
12 Committee;
13 3. "Director" shall mean the chief executive officer of Service
14 Oklahoma;
15 4. "Good standing" shall mean a licensed operator is current on
16 all required reporting and remittances and whose license is not
17 under review for revocation by the Service Oklahoma Operator Board;
18 5. "License" shall mean the authority granted by the Service
19 Oklahoma Operator Board to an individual for purposes of operating a
20 Service Oklahoma location;
21 6. "Licensed operator" shall mean an individual who obtains a
22 license from the Service Oklahoma Operator Board to operate a
23 designated Service Oklahoma location and offers third-party
24 fulfillment of designated services to be rendered by Service
Req. No. 8649 Page 7
1 Oklahoma, as set forth in Section 1140 et seq. of Title 47 of the
2 Oklahoma Statutes; and
3 7. "Service Oklahoma location" shall mean any location where
4 services offered by Service Oklahoma are provided including
5 locations operated by either Service Oklahoma or pursuant to a
6 license issued by Service Oklahoma.
7 SECTION 3. NEW LAW A new section of law to be codified
8 in the Oklahoma Statutes as Section 3-103 of Title 47, unless there
9 is created a duplication in n