1 STATE OF OKLAHOMA
1
2 1st Session of the 59th Legislature (2023)
2
3 SENATE BILL 622 By: Hall
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Sections 2-106, as amended by Section 28,
8 Chapter 282, O.S.L. 2022, and 2-108.3, as amended by
8 Section 29, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
9 2022, Sections 2-106 and 2-108.3), which relate to
9 Driver License Services Division and vehicle
10 ownership; modifying certain title; amending Sections
10 1, 2, 3, 4, 6, 7, 8, and 10, Chapter 282, O.S.L. 2022
11 (47 O.S. Supp. 2022, Sections 3-101, 3-102, 3-103, 3-
11 104, 3-106, 3-107, 3-108, and 3-110), which relate to
12 creation of Service Oklahoma, definitions, powers and
12 duties of Director, operator board, Service Oklahoma
13 Revolving Fund, records, interagency agreements, and
13 administering oaths; modifying definition; making
14 Service Oklahoma a separate and distinct agency;
14 directing Service Oklahoma and Executive Director of
15 Service Oklahoma to continue to exercise statutory
15 powers, duties, and responsibilities; requiring
16 certain transfer of property; providing for
16 succession to contractual rights and
17 responsibilities; requiring Executive Director to
17 adopt and enforce certain rules and authorizing
18 further rulemaking authority; authorizing execution
18 of certain agreement; requiring consent of employees
19 prior to transfer; providing certain protections
19 relating to salary, leave, time earned, and benefits;
20 requiring transfer of personnel to be coordinated
20 with Office of Management and Enterprise Services;
21 requiring Service Oklahoma to pay certain expenses;
21 abolishing certain division within the Office of
22 Management and Enterprise Services upon completion of
22 transfer; directing certain coordination; providing
23 for certain transfers; modifying certain title;
23 amending 47 O.S. 2021, Sections 6-102, as last
24 amended by Section 39, Chapter 282, O.S.L. 2022, 6-
24
Req. No. 338 Page 1
 1 117, as amended by Section 57, Chapter 282, O.S.L.
1 2022, and 1140, as amended by Section 174, Chapter
2 282, O.S.L. 2022 (47 O.S. Supp. 2022, Sections 6-102,
2 6-117, and 1140), which relate to persons exempt,
3 records to be kept, and qualifications; modifying
3 certain title; and providing an effective date.
4
4
5
5
6
6
7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7
8 SECTION 1. AMENDATORY 47 O.S. 2021, Section 2-106, as
8
9 amended by Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
9
10 Section 2-106), is amended to read as follows:
10
11 Section 2-106. A. There are hereby established in Service
11
12 Oklahoma the Driver License Services Division and other such
12
13 divisions as the Executive Director of Service Oklahoma may direct.
13
14 There are also hereby established in the Department of Public Safety
14
15 the Driver Compliance Division and such other divisions as the
15
16 Commissioner of Public Safety may direct.
16
17 B. The Driver License Services Division shall consist of
17
18 noncommissioned classified employees of Service Oklahoma who may
18
19 administer tests for the purpose of issuing driver licenses pursuant
19
20 to Section 6-101 et seq. of this title.
20
21 C. Any employee appointed to the position of Driver License
21
22 Examiner shall be not less than twenty-one (21) nor more than sixty-
22
23 five (65) years of age and any person appointed to the position of
23
24 Senior Driver License Examiner shall have held the position of
24
Req. No. 338 Page 2
 1 Driver License Examiner with the Department or Service Oklahoma for
1
2 not less than three (3) years immediately preceding such
2
3 appointment.
3
4 D. 1. Any person appointed to any position created pursuant to
4
5 this section shall:
5
6 a. be a citizen of the State of Oklahoma,
6
7 b. be of good moral character,
7
8 c. possess a high school diploma or General Educational
8
9 Development equivalency certificate, and
9
10 d. meet physical and mental standards as the Executive
10
11 Director of Service Oklahoma may prescribe. The scope
11
12 of the physical and mental examinations for persons
12
13 appointed as a Driver License Examiner or Senior
13
14 Driver License Examiner shall be as prescribed by the
14
15 Executive Director of Service Oklahoma.
15
16 2. Any person appointed to the position of Driver License
16
17 Examiner shall be required to satisfactorily complete satisfactorily
17
18 a course of training as prescribed by the Executive Director of
18
19 Service Oklahoma.
19
20 E. Drunkenness, being under the influence of an intoxicating
20
21 substance or any conduct not becoming an officer or public employee
21
22 shall be sufficient grounds for the removal of any employee
22
23 appointed pursuant to this section.
23
24
24
Req. No. 338 Page 3
 1 F. The annual salaries of personnel comprising this section
1
2 shall be in accordance and conformity with the findings for
2
3 Department of Public Safety law enforcement personnel of the State
3
4 of Oklahoma Total Remuneration Study of 2013.
4
5 SECTION 2. AMENDATORY 47 O.S. 2021, Section 2-108.3, as
5
6 amended by Section 29, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
6
7 Section 2-108.3), is amended to read as follows:
7
8 Section 2-108.3. A. In an effort to improve the public safety
8
9 of all citizens of this state, a more uniform and expeditious method
9
10 of obtaining ownership and registration information of all motor
10
11 vehicles operating on the roads and highways of this state is
11
12 required. Any method developed shall be conducted in accordance
12
13 with subsection B of this section.
13
14 B. In addition to the powers and duties prescribed by law, the
14
15 Executive Director of Service Oklahoma shall be authorized to direct
15
16 Service Oklahoma to develop a proposal for an intergovernmental
16
17 cooperative agreement pursuant to paragraph 1 of subsection D of
17
18 Section 1221 of Title 74 of the Oklahoma Statutes between Service
18
19 Oklahoma and all tribal governments that issue tribal license plates
19
20 and maintain ownership and registration information.
20
21 SECTION 3. AMENDATORY Section 1, Chapter 282, O.S.L.
21
22 2022 (47 O.S. Supp. 2022, Section 3-101), is amended to read as
22
23 follows:
23
24
24
Req. No. 338 Page 4
 1 Section 3-101. A. Service Oklahoma, a division of the Office
1
2 of Management and Enterprise Services, is hereby created, which
2
3 shall consist of the Executive Director of Service Oklahoma and such
3
4 divisions, sections, committees, offices, boards, and positions as
4
5 may be established by the Executive Director of Service Oklahoma or
5
6 by law.
6
7 The applicable powers, duties, and responsibilities exercised by
7
8 the Driver License Services Division of the Department of Public
8
9 Safety shall be fully transferred to Service Oklahoma on November 1,
9
10 2022. All employees of the Department of Public Safety whose duties
10
11 are transferred under this act shall be transferred to Service
11
12 Oklahoma.
12
13 The applicable powers, duties, and responsibilities exercised by
13
14 the Motor Services Division of the Oklahoma Tax Commission shall be
14
15 fully transferred to Service Oklahoma on January 1, 2023. All
15
16 employees of the Oklahoma Tax Commission whose duties are
16
17 transferred under this act shall be transferred to Service Oklahoma.
17
18 B. 1. Beginning on the effective date of this act, Service
18
19 Oklahoma shall cease to be part of or a division of the Office of
19
20 Management and Enterprise Services and shall be deemed to be a
20
21 separate and distinct agency, to be known as Service Oklahoma.
21
22 Service Oklahoma and the Executive Director of Service Oklahoma
22
23 shall continue to exercise their statutory powers, duties, and
23
24 contractual responsibilities. All records, property, equipment,
24
Req. No. 338 Page 5
 1 assets, monies, financial interests, liabilities, matters pending,
1
2 and funds of the division shall be transferred to Service Oklahoma.
2
3 2. Service Oklahoma shall succeed to any contractual rights or
3
4 responsibilities incurred by the Office of Management and Enterprise
4
5 Services pertaining to licensed operators.
5
6 3. Rules promulgated by the Office of Management and Enterprise
6
7 Services pertaining to Service Oklahoma that are in effect on the
7
8 effective date of this act shall be immediately adopted and enforced
8
9 by the Executive Director of Service Oklahoma. The Executive
9
10 Director maintains the authority to further promulgate and enforce
10
11 rules.
11
12 4. The Office of Management and Enterprise Services and Service
12
13 Oklahoma may enter into an agreement for the transfer of personnel
13
14 from the Office of Management and Enterprise Services to Service
14
15 Oklahoma. No employee shall be transferred to Service Oklahoma
15
16 except on the freely given written consent of the employee. All
16
17 employees who are transferred to Service Oklahoma shall not be
17
18 required to accept a lesser grade or salary than presently received.
18
19 All employees shall retain leave, sick, and annual time earned, and
19
20 any retirement and longevity benefits which have accrued during
20
21 their tenure with the Office of Management and Enterprise Services.
21
22 The transfer of personnel between the state agencies shall be
22
23 coordinated with the Office of Management and Enterprise Services.
23
24
24
Req. No. 338 Page 6
 1 5. The expenses incurred by Service Oklahoma as a result of the
1
2 transfer required by this subsection shall be paid by Service
2
3 Oklahoma.
3
4 6. The division within the Department known as Service Oklahoma
4
5 shall be abolished by the Office of Management and Enterprise
5
6 Services after the transfer has been completed.
6
7 7. The Office of Management and Enterprise Services shall
7
8 coordinate the transfer of records, property, equipment, assets,
8
9 funds, allotments, purchase orders, liabilities, outstanding
9
10 financial obligations, or encumbrances provided for in this
10
11 subsection.
11
12 SECTION 4. AMENDATORY Section 2, Chapter 282, O.S.L.
12
13 2022 (47 O.S. Supp. 2022, Section 3-102), is amended to read as
13
14 follows:
14
15 Section 3-102. As used in this act:
15
16 1. “Board” shall mean the Service Oklahoma Operator Board;
16
17 2. “Committee” shall mean the Licensed Operator Advisory
17
18 Committee;
18
19 3. “Executive Director” shall mean the chief executive officer
19
20 of Service Oklahoma;
20
21 4. “Good standing” shall mean a licensed operator is current on
21
22 all required reporting and remittances and whose license is not
22
23 under review for revocation by the Service Oklahoma Operator Board;
23
24
24
Req. No. 338 Page 7
 1 5. “License” shall mean the authority granted by the Service
1
2 Oklahoma Operator Board to an individual for purposes of operating a
2
3 Service Oklahoma location;
3
4 6. “Licensed operator” shall mean an individual who obtains a
4
5 license from the Service Oklahoma Operator Board to operate a
5
6 designated Service Oklahoma location and offers third-party
6
7 fulfillment of designated services to be rendered by Service
7
8 Oklahoma, as set forth in Section 1140 et seq. of Title 47 of the
8
9 Oklahoma Statutes. Any reference to motor license agent in the
9
10 Oklahoma Statutes shall mean licensed operator; and
10
11 7. “Service Oklahoma location” shall mean any location where
11
12 services offered by Service Oklahoma are provided including
12
13 locations operated by either Service Oklahoma or pursuant to a
13
14 license issued by Service Oklahoma.
14
15 SECTION 5. AMENDATORY Section 3, Chapter 282, O.S.L.
15
16 2022 (47 O.S. Supp. 2022, Section 3-103), is amended to read as
16
17 follows:
17
18 Section 3-103. A. The Executive Director of Service Oklahoma
18
19 shall be appointed by the Governor with the advice and consent of
19
20 the Senate. The Executive Director shall serve at the pleasure of
20
21 the Governor and may be removed or replaced without cause.
21
22 Compensation for the Executive Director shall be determined pursuant
22
23 to Section 3601.2 of Title 74 of the Oklahoma Statutes. The
23
24 Executive Director may be removed from office by a two-thirds (2/3)
24
Req. No. 338 Page 8
 1 vote of the members elected to and constituting each chamber of the
1
2 Oklahoma Legislature.
2
3 B. The Executive Director of Service Oklahoma shall be the
3
4 chief executive officer of Service Oklahoma and shall act for
4
5 Service Oklahoma in all matters except as may be otherwise provided
5
6 by law. The powers and duties of the Executive Director shall
6
7 include, but not be limited to:
7
8 1. Organize Service Oklahoma in a manner to efficiently achieve
8
9 the objectives of Service Oklahoma;
9
10 2. Supervise all activities of Service Oklahoma;
10
11 3. Administer programs and policies of Service Oklahoma;
11
12 4. Employ, discharge, appoint, contract, and fix duties and
12
13 compensation of employees at the discretion of the Executive
13
14 Director;
14
15 5. Appoint assistants, deputies, officers, investigators,
15
16 attorneys, and other employees as may be necessary to carry out
16
17 functions of Service Oklahoma;
17
18 6. Prescribe rules and regulations for the operation of Service
18
19 Oklahoma;
19
20 7. Provide input and recommendations to the Service Oklahoma
20
21 Operator Board on all matters including branding and physical
21
22 standardization requirements, customer service metrics, analysis,
22
23 and improvement processes for licensed operators, and processes for
23
24
24
Req. No. 338 Page 9
 1 termination of licensed operators for failure to comply with the
1
2 customer service metrics;
2
3 8. Establish internal policies and procedures;
3
4 9. Prescribe and provide suitable forms deemed necessary to
4
5 carry out the functions of Service Oklahoma and any other laws the
5
6 enforcement and administration of which are vested in Service
6
7 Oklahoma;
7
8 10. Establish such divisions, sections, committees, advisory
8
9 committees, offices, and positions in Service Oklahoma as the
9
10 Executive Director deems necessary to carry out the functions of
10
11 Service Oklahoma;
11
12 11. Accept and disburse grants, allotments, gifts, devises,
12
13 bequests, funds, appropriations, and other property made or offered
13
14 to Service Oklahoma; and
14
15 12. Create the budget for Service Oklahoma to be submitted to
15
16 the Legislature each year.
16
17 C. The salary and other expenses for the Executive Director
17
18 shall be budgeted as a separate line item through the Office of
18
19 Management and Enterprise Services Service Oklahoma. The operating
19
20 expenses of Service Oklahoma shall be set by the Executive Director
20
21 and shall be budgeted as a separate line item through the Office of
21
22 Management and Enterprise Services Service Oklahoma.
22
23 D. 1. The Executive Director of Service Oklahoma shall direct
23
24 all purchases,