[Previous] [Next]
§47-563.
§47-563.
A. There is hereby created the Oklahoma Motor Vehicle Commission, to
be composed of nine (9) members. Seven of the members shall have been
engaged in the manufacture, distribution or sale of new motor vehicles
and two members shall be lay members, all to be appointed by the
Governor of the State of Oklahoma, with the advice and consent of the
State Senate. Such appointments shall be made within thirty (30) days
after the effective date of this section. Each of the Commissioners
thus appointed shall, at the time of the appointment, be a resident in
good faith of the State of Oklahoma, shall be of good moral character,
and each of the industry related Commissioners shall have been
actually engaged in the manufacture, distribution or sale of such new
motor vehicles for not less than ten (10) years next preceding such
appointment. The members of the Commission shall serve at the pleasure
of the Governor.
B. 1. The Commissioners shall elect a Chairman from amongst them whose
term shall be for one (1) year with the right to succeed him or
herself.
2. There shall be three at large members of the Commission. Six
members of the Commission shall be appointed from the following
geographical areas with at least one member from each area:
a. four areas of the state shall be the northwest, northeast,
southwest and southeast sections designated by Interstate 35 dividing
the state east and west and Interstate 40 dividing the state north and
south, excluding Oklahoma County and Tulsa County, and
b. two additional areas shall be Oklahoma County and Tulsa County.
There shall not be more than two members of the Commission from any
one area.
C. The terms of office of the members first appointed to the
Commission shall be as follows:
1. The members appointed from the northwest, northeast and southwest
areas shall serve until June 30, 1987;
2. The members appointed from the southeast area and Oklahoma County
and Tulsa County shall serve until June 30, 1989; and
3. The members appointed at large shall serve until June 30, 1991.
Each member shall serve until a successor is appointed and qualifies.
Thereafter, the term of office of each member of the Commission shall
be for six (6) years. The term of office of any member will
automatically expire if the member moves out of the geographical area
from which the member was appointed. In event of death, resignation,
removal, or term automatically expiring, of any person serving on the
Commission, the vacancy shall be filled by appointment as provided for
the unexpired portion of the term. The Commission shall meet at
Oklahoma City and complete its organization immediately after the
membership thereof has been appointed and has qualified. The Chairman
and each member of the Commission shall take and subscribe to the oath
of office required of public officers.
D. The members of the Commission shall receive reimbursement for
subsistence and traveling expenses necessarily incurred in the
performance of their duties as provided by the State Travel
Reimbursement Act.
E. The Commission shall appoint a qualified person to serve as
Executive Director thereof, which person shall have had not less than
ten (10) years of experience in the motor vehicle industry. The
Executive Director shall be appointed for a term of six (6) years, and
shall not be subject to dismissal or removal without cause. The
Commission shall fix the salary and prescribe the duties of the
Executive Director. The Executive Director shall devote such time as
necessary to fulfill the duties thereof, and before entering upon such
duties shall take and subscribe to the oath of office. The Executive
Director may employ such clerical, technical and other help and legal
services and incur such expenses as may be necessary for the proper
discharge of the duties of the Executive Director under this act. The
Commission shall maintain its office and transact its business in
Oklahoma City, and it is authorized to adopt and use a seal. The
Executive Director is hereby authorized to hire, retain or otherwise
acquire the services of an attorney to represent the Commission in any
and all state and federal courts, and assist the Commission in any and
all business or legal matters that may come before it. The attorney so
representing the Commission shall discharge the duties under the
direction of the Executive Director.
F. The Commission is hereby vested with the powers necessary to enable
it to fully and effectively carry out the provisions and objects of
this act, and is hereby authorized and empowered to make and enforce
all reasonable rules and to adopt and prescribe all forms necessary to
accomplish such purpose. All forms used by a new motor vehicle dealer
to facilitate the delivery of a vehicle pending approval of financing
shall be approved by the Commission.
G. All fees, charges and fines collected under the provisions of this
act shall be deposited by the Executive Director in the State Treasury
in accordance with the depository laws of this state in a special fund
to be known as the "Oklahoma Motor Vehicle Commission Fund", which is
hereby created, and except as hereinafter provided the monies in the
fund shall be used by the Commission for the purpose of carrying out
and enforcing the provisions of this act. Expenditures from the fund
shall be made upon vouchers approved by the Commission or its
authorized officers.
At the close of each fiscal year, the Commission shall file with the
Governor and the State Auditor and Inspector a true and correct report
of all fees, fines and charges collected and received by it during the
preceding fiscal year and shall at the same time pay into the General
Revenue Fund of the state a sum equal to ten percent (10%) of the
fees, fines and charges so collected and received.
All expenses incurred by the Commission in carrying out the provisions
of this act, including but not limited to per diem, wages, salaries,
rent, postage, advertising, supplies, bond premiums, travel and
subsistence for the Commissioners, the Executive Director, employees,
and legal counsel, and printing and utilities, shall be a proper
charge against such fund, exclusive of the portion thereof to be paid
into the General Revenue Fund as above set out. In no event shall
liability ever accrue hereunder against this state in any sum
whatsoever, or against the Oklahoma Motor Vehicle Commission Fund, in
excess of the ninety percent (90%) of the fees, fines and charges
deposited therein.
[Previous] [Next]