STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1933	By:	Kouplen

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 14-116, as last amended by Section 1, Chapter 428, O.S.L. 2010 (47 O.S. Supp. 2010, Section 14-116), which relates to permit fees; modifying calculation of minimum fees; amending Section 4, Chapter 428, O.S.L. 2010 (47 O.S. Supp. 2010, Section 14-122), which relates to apportionment of fees; modifying apportionment of minimum fees; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 14-116, as last amended by Section 1, Chapter 428, O.S.L. 2010 (47 O.S. Supp. 2010, Section 14-116), is amended to read as follows:
Section 14-116.  A.  The Commissioner of Public Safety shall charge a minimum permit fee of the lesser of Forty Dollars ($40.00) or forty cents ($0.40) per mile for any permit issued pursuant to the provisions of Section 14‑101 et seq. of this title.  In addition to the permit fee, the Commissioner shall charge a fee of Ten Dollars ($10.00) for each thousand pounds in excess of the legal load limit.  The Commissioner of Public Safety shall establish any necessary rules for collecting the fees.
B.  The Department of Public Safety is authorized to establish an escrow account system for the payment of permit fees.  Authorized motor carriers meeting established credit requirements may participate in the escrow account system for permits purchased from all size and weight permit offices in this state.  Carriers not choosing to participate in the escrow account system shall be required to make payment of the required fee or fees upon purchase of each permit as required by law.  All monies collected through the escrow account system shall be deposited to a special account of the Department of Public Safety and placed in the custody of the State Treasurer.  Proceeds from permits purchased using the escrow account system shall be distributed as provided for in subsection G of this section.  However, fees collected through such accounts for the electronic transmission, transfer or delivery of permits, as provided for in Section 14-118 of this title, shall be credited to the Department of Public Safety Revolving Fund.
C.  1.  Application for permits shall be made a reasonable time in advance of the expected time of movement of such vehicles.  For emergencies affecting the health or safety of persons or a community, permits may be issued for immediate movement.
2.  Size and weight permit offices in all districts where applicable shall issue permits to authorize carriers by telephone during weekdays.
3.  The Commissioner of Public Safety shall develop a system for provisional permits for authorized carriers which may be used in lieu of a regular permit for the movement of oversize and overweight loads when issued an authorization number by the Department of Public Safety.  Such provisional permits shall include date of movement, general load description, estimated weight, oversize notation, route of travel, truck or truck‑tractor license number, and permit authorization number.
D.  No overweight permit shall be valid until all license taxes due the State of Oklahoma have been paid.
E.  No permit violation shall be deemed to have occurred when an oversize or overweight movement is made pursuant to a permit whose stated weight or size exceeds the actual load.
F.  The first deliverer of motor vehicles designated truck carriers or well service carriers manufactured in Oklahoma shall not be required to purchase an overweight permit when being delivered to the first purchaser.
G.  Except as provided in Section 4 of this act title, the first One Million Two Hundred Sixteen Thousand Dollars ($1,216,000.00) of proceeds from both the permit fees and the overweight permit fees imposed pursuant to subsection A of this section collected monthly shall be apportioned as provided in Section 1104 of this title.  All proceeds collected from both the permit fees and the overweight permit fees imposed pursuant to subsection A of this section in excess of One Million Two Hundred Sixteen Thousand Dollars ($1,216,000.00) shall be deposited in the Weigh Station Improvement Revolving Fund as provided in Section 1167 of this title for the purpose set forth in that section and may be used for motor carrier permitting systems and motor carrier safety and enforcement.
SECTION 2.     AMENDATORY     Section 4, Chapter 428, O.S.L. 2010 (47 O.S. Supp. 2010, Section 14-122), is amended to read as follows:
Section 14-122.  A.  Notwithstanding the provisions of Section 1104 of Title 47 of the Oklahoma Statutes, the first Twenty Million Dollars ($20,000,000.00) of the following fees shall be deposited in the General Revenue Fund to be apportioned as follows:
1.  The first Twenty Dollars ($20.00) of any fee collected for a minimum permit fee pursuant to Section 14-116 of Title 47 of the Oklahoma Statutes;
2.  Five Dollars ($5.00) of any fee collected for excess weight pursuant to Section 14-116 of Title 47 of the Oklahoma Statutes;
3.  Two Hundred Fifty Dollars ($250.00) of any fee collected pursuant to Section 14-120 of Title 47 of the Oklahoma Statutes; and
4.  One Hundred Twenty Dollars ($120.00) of any fee collected pursuant to Section 14-121 of Title 47 of the Oklahoma Statutes.
B.  Any fees collected pursuant to Sections 14-116, 14-120 and 14-121 of Title 47 of the Oklahoma Statutes that are in excess of Twenty Million Dollars ($20,000,000.00) shall be apportioned as otherwise provided for in the sections specified in this subsection.
SECTION 3.  This act shall become effective July 1, 2011.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-5087	CJB	12/29/10