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47-1140.


47-1140.
   
   A. In municipalities having a population in excess of eight thousand
   five hundred (8,500) located in a county having a population in excess
   of one hundred thirty thousand (130,000), according to the latest
   Federal Decennial Census, the Oklahoma Tax Commission shall adopt, not
   later than sixty (60) days after the effective date of this act, rules
   and regulations prescribing minimum qualifications and requirements
   for locating motor license agencies and for persons applying for
   appointment as a motor license agent. Such qualifications and
   requirements shall include, but not be limited to, the following:
   
   1. Necessary job skills and experience;
   
   2. Minimum office hours;
   
   3. Provision for sufficient staffing, equipment, office space and
   parking to provide maximum efficiency and maximum convenience to the
   public;
   
   4. Obtainment of a faithful performance surety bond as provided for by
   law;
   
   5. Operation of a motor license agency shall be the primary source of
   income for said agent;
   
   6. That the applicant has not been convicted of a felony and that no
   felony charges are pending against the applicant;
   
   7. That a complete financial statement be submitted by the applicant
   on forms provided by the Oklahoma Tax Commission;
   
   8. That a report of the applicant's credit history be obtained through
   the appropriate credit bureau;
   
   9. That the location specified in the application for appointment as a
   motor license agent not be owned by a member of the Oklahoma
   Legislature or any person related to a member of the Oklahoma
   Legislature within the third degree by consanguinity or affinity and
   that the location not be within a three-mile radius of an existing
   motor license agency unless the applicant is assuming the location of
   an operating agency; and
   
   10. After the necessary information has been forwarded to the Oklahoma
   Tax Commission, each applicant shall be interviewed by the Oklahoma
   Tax Commission or its designees and each item of information shall be
   reviewed.
   
   The qualifications and requirements specified in paragraphs 1 through
   10 of this subsection shall apply only to persons making application
   to be appointed as motor license agents on or after the effective date
   of this act.
   
   Any person making application to the Oklahoma Tax Commission for the
   purpose of becoming a motor license agent shall pay when submitting
   the application, a nonrefundable application fee of One Hundred
   Dollars ($100.00). All such application fees shall be deposited in the
   Oklahoma Tax Commission Revolving Fund.
   
   Upon application by a person to serve as a motor license agent, in
   such counties, the Commission shall make a determination whether such
   person and such location meets the qualifications and requirements
   prescribed herein and, if such be the case, shall appoint such person
   to serve as a motor license agent.
   
   A motor license agent, appointed pursuant to this subsection shall be
   permitted to operate a motor license agency at a single location and
   shall be prohibited from operating subagencies or branch agencies,
   unless such subagencies or branch agencies were established prior to
   June 1, 1985.
   
   Unless otherwise specifically provided, motor license agents appointed
   pursuant to this subsection shall be subject to all laws relating to
   motor license agents and shall be subject to removal at the will of
   the Commission.
   
   B. In all other counties of this state and in municipalities having a
   population of less than eight thousand five hundred (8,500) located in
   a county having a population in excess of one hundred thirty thousand
   (130,000), according to the latest Federal Decennial Census, the
   Commission shall appoint as many motor license agents as it deems
   necessary to carry out the provisions of the Motor Vehicle License and
   Registration Act. Provided, that in counties with a population in
   excess of twenty-five thousand (25,000), according to the latest
   Federal Decennial Census, having only one motor license agent serving
   said county, the Commission shall establish at least one additional
   agency to serve said county.
   
   Such agents shall be self-employed independent contractors, and all
   agents shall be under the supervision of the Commission. Any such
   agent, upon being appointed, shall furnish and file with the
   Commission a bond in such amount as may be fixed by said Commission.
   Such agent shall be removable at the will of the Commission. Such
   agent shall perform all duties and do such things in the
   administration of the laws of this state as shall be enjoined upon and
   required of him by the Commission. Provided that, the Commission may
   operate a motor license agency in any county where a vacancy occurs.
   
   C. In the event of a vacancy existing by reason of resignation,
   removal, death or otherwise, in the position of any motor license
   agent, the Commission is hereby empowered and authorized to take any
   and all actions it deems appropriate in order to provide for the
   orderly transition and for the maintenance of operations of the motor
   license agency including, but not limited to, the designation of one
   of its regular employees to serve as "acting agent" without bond, and
   to receive and expend all fees or charges authorized or provided by
   law and exercise the same powers and authority as a regularly
   appointed motor license agent. Said acting agent may be authorized by
   the Commission equally as the preceding agent to make disbursements
   from any balances in the preceding motor license agent's operating
   account and the agent's operating funds for the payment of expenses of
   operations and salaries and other overhead. If such funds are
   insufficient, the Commission is authorized to expend from funds
   appropriated for the operation of the Commission such amounts as are
   necessary to maintain and continue the operation of any such motor
   license agency until a successor agent is appointed and qualified. The
   Commission may require a blanket fiduciary bond of the agency
   employees.
   
   D. Any motor license agency operated by a motor license agent who has
   been charged with a felony shall be closed immediately. The State
   Auditor and Inspector shall immediately conduct an audit of such motor
   license agency and forward the report of the audit to the Tax
   Commission for review. The Commission shall determine whether the
   motor license agency shall be reopened and operated by the motor
   license agent or whether the agency shall be reopened and operated by
   the Commission. The review of the audit and the Commission
   determination shall be effected as soon as possible to prevent
   additional inconvenience to the public.
   
   E. When an application for registration is made with the Commission or
   a motor license agent, a registration fee of One Dollar and
   seventy-five cents ($1.75) shall be collected for each license plate
   or decal issued. Such fees shall be in addition to the registration
   fees on motor vehicles and when an application for registration is
   made to the motor license agent such motor license agent shall retain
   One Dollar and twenty-five cents ($1.25) and such retained amounts
   shall be distributed as provided for other such fees retained by a
   motor license agent and the remaining fifty cents ($0.50) shall be
   remitted to the Commission to be distributed according to the
   provisions of Section 1104 of this title.
   
   It is provided further that, when applications are made to the motor
   license agent in transactions involving issuance of title and the
   payment of excise taxes as required by law, the motor license agent
   shall receive four percent (4%) of the excise tax as provided for in
   Section 2102 of Title 68 of the Oklahoma Statutes and such fees shall
   be used for operating expenses as herein defined, and the excess funds
   are to be deposited in school general funds as provided by law for
   other motor license agent fees. When the fee is paid by a person
   making his application directly with the Commission, said registration
   fees shall be in the same amount as provided for motor license agents
   and One Dollar and twenty-five cents ($1.25) of such fees shall be
   deposited in the Oklahoma Tax Commission Revolving Fund and fifty
   cents ($0.50) of such fees shall be apportioned according to the
   provisions of Section 1104 of this title. The Commission shall prepare
   schedules of registration fees and charges for titles which shall
   include the fees for such agents and all fees and charges paid by a
   person shall be listed separately on the application and registration
   and totaled on the application and registration. The motor license
   agents shall charge only such fees as are specifically provided for by
   law, and all such authorized fees shall be posted in such a manner
   that any person shall have notice of all fees that are imposed by law.
   
   F. Beginning on the effective date of this act, no person shall be
   appointed as a motor license agent unless the person has attested
   under oath that the person is not related by affinity or consanguinity
   within the third degree to:
   
   1. any member of the Oklahoma Legislature;
   
   2. any person who has served as a member of the Oklahoma Legislature
   within the two-year period preceding the date of appointment as motor
   license agent; or
   
   3. any employee of the Oklahoma Tax Commission.
   

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