Bill Text For SB0741 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 741                      By: Woods                         |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to the Oklahoma Electronic Toll                 |
  |       Collection Act; amending 47 O.S. 2021, Section                  |
 8|       11-1401.2, as amended by Section 96, Chapter 282,               |
  |       O.S.L. 2022 (47 O.S. Supp. 2022, Section 11-1401.2),            |
 9|       which relates to collection of tolls; creating                  |
  |       certain exemption; and providing an effective date.             |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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13|    SECTION 1.     AMENDATORY     47 O.S. 2021, Section 11-1401.2,     |
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14|as amended by Section 96, Chapter 282, O.S.L. 2022 (47 O.S. Supp.      |
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15|2022, Section 11-1401.2), is amended to read as follows:               |
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16|    Section 11-1401.2.  A.  For purposes of this section:              |
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17|    1.  "Authority" means the Oklahoma Turnpike Authority;             |
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18|    2.  "Department" means the Department of Public Safety;            |
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19|    3.  "Electronic toll collection system" means a system of          |
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20|collecting tolls or charges which is capable of charging an account    |
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21|holder the appropriate toll or charge by transmission of information   |
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22|from an electronic device on a motor vehicle to the toll lane, which   |
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23|information is used to charge the account the appropriate toll or      |
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24|charge;                                                                |
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   Req. No. 882                                                    Page 1
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 1|    4.  "Owner" means any person, corporation, partnership, firm,      |
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 2|agency, association, or organization who, at the time of the           |
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 3|violation and with respect to the vehicle identified in the notice     |
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 4|of toll evasion violation:                                             |
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 5|         a.   is the beneficial or equitable owner of the vehicle,     |
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 6|         b.   has title to the vehicle,                                |
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 7|         c.   is the registrant or coregistrant of the vehicle which   |
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 8|              is registered with Service Oklahoma or a similar         |
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 9|              registering agency of any other state, territory,        |
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10|              district, province, nation or other jurisdiction,        |
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11|         d.   uses the vehicle in its vehicle renting businesses, or   |
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12|                                                                       |
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13|         e.   is a person entitled to the use and possession of a      |
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14|              vehicle subject to a security interest in another        |
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15|              person;                                                  |
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16|    5.  "Photo-monitoring system" means a vehicle sensor installed     |
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17|to work in conjunction with a toll collection facility which           |
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18|automatically produces one or more photographs, one or more            |
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19|microphotographs, a videotape or other recorded images of each         |
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20|vehicle at the time it is used or operated on the turnpikes under      |
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21|the Authority's jurisdiction;                                          |
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22|    6.  "Toll collection regulations" means those rules and            |
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23|regulations of the Oklahoma Turnpike Authority or statutes providing   |
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24|for and requiring the payment of tolls and/or charges prescribed by    |
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   Req. No. 882                                                    Page 2
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 1|the Authority for the use of turnpikes under its jurisdiction or       |
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 2|those rules and regulations of the Authority or statutes making it     |
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 3|unlawful to refuse to pay or to evade or to attempt to evade the       |
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 4|payment of all or part of any toll and/or charge for the use of        |
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 5|turnpikes under the jurisdiction of the Authority;                     |
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 6|    7.  "Toll evasion violation" means a failure to comply with the    |
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 7|Authority's toll collection regulations, including the failure to      |
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 8|pay an invoice submitted by the Authority via its video toll           |
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 9|collection system;                                                     |
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10|    8.  "Vehicle" means every device in, upon or by which a person     |
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11|or property is or may be transported or drawn upon a highway, except   |
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12|devices used exclusively upon stationary rails or tracks;              |
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13|    9.  "Video toll collection system" means a photo-monitoring        |
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14|system used to charge and collect tolls from owners of vehicles        |
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15|imaged using the turnpike system.  The owner of a vehicle imaged by    |
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16|the photo-monitoring system may or may not be an Authority account     |
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17|holder; and                                                            |
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18|    10.  "Video toll collection system account" means the              |
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19|administrative assignment of all vehicles registered to an owner to    |
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20|an account for efficient billing of the appropriate toll or charge     |
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21|to an owner.                                                           |
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22|    B.  1.  Notwithstanding any other provision of law, there shall    |
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23|be imposed monetary liability on the owner of a vehicle for failure    |
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24|of an operator thereof to comply with the toll collection              |
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   Req. No. 882                                                    Page 3
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 1|regulations of the Oklahoma Turnpike Authority in accordance with      |
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 2|the provisions of this section.                                        |
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 3|    2.  An owner's vehicle shall be registered with Service Oklahoma   |
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 4|or a similar registering agency of this state or any other state,      |
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 5|territory, district, province, nation or other jurisdiction that       |
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 6|permits access to owner registration information upon request by or    |
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 7|agreement with the Authority for the purpose of carrying out the       |
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 8|Authority's governmental functions.  If a registering agency does      |
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 9|not permit access to the Authority, an owner may comply by direct      |
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10|registration with the Authority.                                       |
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11|    3.   a.    The owner of a vehicle shall be liable for a civil      |
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12|              penalty imposed pursuant to this section if the          |
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13|              vehicle was used or operated with the permission of      |
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14|              the owner, express or implied, in violation of the       |
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15|              toll collection regulations, and such violation is       |
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16|              evidenced by information obtained from a                 |
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17|              photo-monitoring system.                                 |
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18|         b.    No owner of a vehicle shall be liable for a penalty     |
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19|              imposed pursuant to this section where the operator of   |
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20|              the vehicle has been convicted of failing to pay a       |
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21|              cash toll, in violation of toll collection               |
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22|              regulations, for the same incident.                      |
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23|         c.    An owner or operator of a vehicle is subject to a       |
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24|              charge by the Department or other law enforcement        |
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   Req. No. 882                                                    Page 4
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 1|              agency for an owner's failure to timely pay an invoice   |
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 2|              for tolls and/or charges submitted by the Authority      |
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 3|              through its video toll collection system.                |
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 4|    4.  A certificate, sworn to or affirmed by an agent of the         |
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 5|Authority, or facsimile thereof, based upon inspection of              |
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 6|photographs, microphotographs, videotape or other recorded images      |
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 7|produced by a photo-monitoring system shall be prima facie evidence    |
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 8|of the facts contained therein and shall be admissible in any          |
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 9|proceeding charging a violation of toll collection regulations.  The   |
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10|photographs, microphotographs, videotape or other recorded images      |
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11|evidencing such a violation shall be available for inspection and      |
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12|admission into evidence in any proceeding to adjudicate the            |
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13|liability for the violation.  Each photo-monitoring system shall be    |
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14|checked bimonthly for accuracy, and shall be maintained, adjusted or   |
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15|replaced if necessary to ensure the systems are operating properly.    |
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16|    5.  An owner found liable for a violation of toll collection       |
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17|regulations pursuant to this section shall be liable for a monetary    |
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18|penalty of Twenty-five Dollars ($25.00) for each violation.            |
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19|Liability for this monetary penalty does not abrogate an owner's       |
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20|obligation to pay toll charges associated with the violation, and      |
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21|the Authority may pursue collection of such unpaid toll charges        |
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22|pursuant to this section.                                              |
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23|    6.  An imposition of liability pursuant to this section shall be   |
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24|based upon a preponderance of evidence as submitted.  An imposition    |
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   Req. No. 882                                                    Page 5
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 1|of liability pursuant to this section shall not be deemed a            |
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 2|conviction as an operator and shall not be made part of the motor      |
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 3|vehicle operating record of the person upon whom such liability is     |
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 4|imposed nor shall it be used for insurance purposes in the provision   |
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 5|of motor vehicle insurance coverage.                                   |
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 6|    7.   a.   A notice of toll evasion violation shall be sent by      |
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 7|              regular first-class mail to each person alleged to be    |
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 8|              liable as an owner for a violation of toll collection    |
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 9|              regulations.  The notice shall be mailed no later than   |
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10|              forty-five (45) days after the alleged violation.  A     |
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11|              manual or automatic record of mailing prepared in the    |
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12|              ordinary course of business shall be prima facie         |
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13|              evidence of the receipt of the notice.                   |
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14|         b.   A notice of toll evasion violation shall contain the     |
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15|              name and address of the person alleged to be liable as   |
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16|              an owner for a violation of toll collection              |
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17|              regulations pursuant to this section, the registration   |
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18|              or the license tag number of the vehicle involved in     |
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19|              the violation, the location where the photo-monitoring   |
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20|              system recorded the vehicle's image, the date and time   |
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21|              of the image, the identification number of the           |
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22|              photo-monitoring system which recorded the image or      |
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23|              other document locator number and the nature of the      |
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24|              violation.                                               |
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   Req. No. 882                                                    Page 6
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 1|         c.   Notice of toll evasion violation shall be prepared and   |
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 2|              mailed by the Authority or its agents and shall          |
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 3|              contain information advising the person of the           |
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 4|              applicable monetary penalty and method of payment        |
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 5|              thereof and the manner and the time in which the         |
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 6|              person may contest the liability alleged in the          |
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 7|              notice.  The notice of toll evasion violation shall      |
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 8|              contain, or be accompanied with, an affidavit of         |
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 9|              nonliability and information of what constitutes         |
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10|              nonliability, information as to the effect of            |
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11|              executing the affidavit and instructions for returning   |
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12|              the affidavit to the Authority and shall also contain    |
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13|              a warning to advise the persons charged that failure     |
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14|              to contest in the manner and time provided shall be      |
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15|              deemed an admission of liability and that the penalty    |
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16|              shall be imposed and may be collected as authorized by   |
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17|              law.  In addition to the notice required by              |
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18|              subparagraph a of this paragraph, the Authority may      |
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19|              elect to send a subsequent notice of toll evasion        |
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20|              violation by certified mail or other comparable form     |
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21|              of private or public delivery service.  Such notice      |
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22|              shall contain a statement to the registered owner        |
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23|              that, unless the registered owner pays the toll          |
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24|              evasion penalty or contests the notice within            |
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   Req. No. 882                                                    Page 7
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 1|              twenty-one (21) days after receipt of the certified      |
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 2|              mail notice of toll evasion violation or completes and   |
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 3|              files the affidavit of nonliability, the renewal of      |
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 4|              the vehicle registration shall be contingent upon        |
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 5|              compliance with the notice of toll evasion violation.    |
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 6|         d.   If the toll evasion penalty is received by the           |
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 7|              Authority and there is no contest as to that toll        |
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 8|              evasion violation, the proceedings under this section    |
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 9|              shall terminate.                                         |
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10|         e.   If the registered owner fails to pay the toll evasion    |
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11|              penalty as required in this section, or fails to         |
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12|              contest the notice of toll evasion violation issued      |
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13|              pursuant to subparagraph c of this paragraph as          |
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14|              provided in subparagraph a of paragraph 8 of this        |
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15|              subsection, the registered owner shall be deemed         |
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16|              liable for the violation by operation of law.  The       |
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17|              toll evasion penalty and any administrative fees or      |
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18|              charges shall be considered a debt due and owing the     |
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19|              Authority by the registered owner and the Authority      |
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20|              may proceed to collect such penalty, fees or charges     |
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21|              under paragraph 10 of this subsection.                   |
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22|    8.   a.   Within twenty-one (21) days after receipt of a notice    |
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23|              of toll evasion violation a person may contest a         |
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24|                                                                       |
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   Req. No. 882                                                    Page 8
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 1|              notice of toll evasion violation.  In that case, the     |
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 2|              Authority shall do the following:                        |
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 3|              (1)  the Authority shall investigate the circumstances   |
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 4|                   of the notice with respect to the contestant's      |
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 5|                   written explanation of reasons for contesting the   |
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 6|                   toll evasion violation.  If, based upon the         |
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 7|                   results of the investigation, the Authority is      |
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 8|                   satisfied that the violation did not occur or       |
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 9|                   that the registered owner was not responsible for   |
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10|                   the violation, the Authority shall maintain an      |
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11|                   adequate record of the findings of the              |
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12|                   investigation.  Within thirty (30) days of          |
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13|                   receipt of a notice of contest the Authority        |
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14|                   shall complete such investigation and mail the      |
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15|                   results of the investigation to the person who      |
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16|                   contested the notice of toll evasion violation,     |
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17|                   and                                                 |
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18|              (2)  if the person contesting a notice of toll evasion   |
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19|                   violation is not satisfied with the results of      |
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20|                   the investigation provided for in division (1) of   |
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21|                   this subparagraph, the person may, within fifteen   |
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22|                   (15) days of the mailing of the results of the      |
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23|                   investigation, deposit the amount of the toll       |
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24|                   evasion penalty and request an administrative       |
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   Req. No. 882                                                    Page 9
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 1|                   review.  An administrative review shall be held     |
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 2|                   within ninety (90) calendar days following the      |
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 3|                   receipt of a request for an administrative          |
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 4|                   review, excluding any continuance time.  The        |
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 5|                   person requesting the review may request and        |
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 6|                   shall be allowed one continuance, not to exceed     |
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 7|                   twenty-one (21) calendar days.                      |
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 8|         b.   The administrative review procedure shall consist of     |
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 9|              the following:                                           |
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10|              (1)  the person requesting an administrative review      |
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11|                   shall indicate to the Authority his or her          |
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12|                   election for a review by mail or personal           |
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13|                   conference and may provide materials in support     |
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14|                   of the contest of the results of the                |
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15|                   investigation,                                      |
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16|              (2)  upon ten (10) days' written notice mailed to the    |
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17|                   contestant, the administrative review shall be      |
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18|                   conducted before an examiner designated to          |
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19|                   conduct review by the Authority's governing body    |
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20|                   or Director of the Oklahoma Turnpike Authority.     |
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21|                   In addition to any other requirements of            |
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22|                   employment, an examiner shall demonstrate those     |
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23|                   qualifications, training, and objectivity           |
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24|                   prescribed by the Authority's governing body or     |
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   Req. No. 882                                                    Page 10
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 1|                   Director as are necessary and which are             |
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 2|                   consistent with the duties and responsibilities     |
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 3|                   set forth in this section and Section 11-1401.1     |
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 4|                   et seq. of this title,                              |
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 5|              (3)  the officer or person authorized to issue a         |
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 6|                   notice of toll evasion violation shall be           |
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 7|                   required to participate in an administrative        |
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 8|                   review.  The Authority shall not be required to     |
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 9|                   produce any evidence other than the notice of       |
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10|                   toll evasion violation or copy thereof, a           |
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11|                   photograph of the rear of the vehicle,              |
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12|                   information received from Service Oklahoma          |
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13|                   identifying the registered owner of the vehicle,    |
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14|                   and a notarized statement from the person           |
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15|                   reporting the violations.  The documentation in     |
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16|                   proper form shall be considered prima facie         |
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17|                   evidence of the violation, and                      |
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18|              (4)  the review shall be conducted in accordance with    |
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19|                   paragraph 6 of this subsection and in accordance    |
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20|                   with the written procedure established by the       |
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21|                   Authority which shall ensure fair and impartial     |
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22|                   review of contested toll evasion violations.  The   |
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23|                   examiner's final decision shall be in writing and   |
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24|                   shall be delivered personally or by registered      |
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   Req. No. 882                                                    Page 11
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 1|                   mail to the contestant within ten (10) days of      |
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 2|                   the review.  A manual or automatic record of        |
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 3|                   mailing prepared in the ordinary course of          |
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 4|                   business shall be prima facie evidence of the       |
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 5|                   receipt of such decision.                           |
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 6|    9.   a.   Within twenty (20) days after receipt of the final       |
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 7|              decision described in division (4) of subparagraph b     |
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 8|              of paragraph 8 of this subsection, the contestant may    |
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 9|              seek review by filing an appeal to the district court    |
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10|              having jurisdiction in the county in which the           |
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11|              contestant lives, where the same shall be heard on the   |
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12|              record.  A copy of the notice of appeal shall be         |
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13|              served in person or by first-class mail upon the         |
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14|              Authority by the contestants.  For purposes of           |
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15|              computing the twenty-day period, the Code of Civil       |
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16|              Procedure, Section 2006 of Title 12 of the Oklahoma      |
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17|              Statutes, shall be applicable.                           |
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18|         b.   The conduct of the hearing on appeal under this          |
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19|              section is a subordinate judicial duty which may be      |
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20|              performed by referees, masters or other subordinate      |
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21|              judicial officials at the direction of the district      |
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22|              court.                                                   |
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   Req. No. 882                                                    Page 12
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 1|         c.   If no notice of appeal of the Authority's decision is    |
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 2|              filed within the period set forth in subparagraph a of   |
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 3|              this paragraph, the examiner's decision shall be         |
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 4|              deemed final.                                            |
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 5|    10.  Except as otherwise provided in paragraphs 11 and 12 of       |
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 6|this subsection, the Authority shall proceed under one or more of      |
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 7|the following options to collect an unpaid toll evasion penalty:       |
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 8|         a.   the Authority may file an itemization of unpaid toll     |
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 9|              evasion penalties and administrative and service fees    |
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10|              with the Commission for collection at the time of        |
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11|              registration of the vehicle pursuant to paragraph 19     |
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12|              of this subsection, or                                   |
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13|         b.   the Authority may contract with a collection agency to   |
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14|              collect unpaid toll evasion penalties, fees, and         |
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15|              charges.                                                 |
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16|    11.  The Authority shall not file a civil judgment with the        |
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17|district court relating to a toll evasion violation which has been     |
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18|filed with Service Oklahoma unless the Authority has determined that   |
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19|the registration of the vehicle has not been renewed for sixty (60)    |
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20|days beyond the renewal date and the notice has not been mailed by     |
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21|Service Oklahoma pursuant to paragraph 19 of this subsection.          |
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22|    12.  If an owner receives a notice of toll evasion violation       |
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23|pursuant to this paragraph for any time period during which the        |
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24|vehicle was reported to the police department as having been stolen,   |
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   Req. No. 882                                                    Page 13
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 1|it shall be a valid defense to an allegation of liability for a        |
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 2|violation of toll collection regulations that the vehicle had been     |
  |                                                                       |
 3|reported to the police as stolen prior to the time the violation       |
  |                                                                       |
 4|occurred and had not been recovered by such time.  If an owner         |
  |                                                                       |
 5|receives a notice of toll evasion violation pursuant to this           |
  |                                                                       |
 6|paragraph for any time period during which the vehicle was stolen,     |
  |                                                                       |
 7|but not yet reported to the police as having been stolen, it shall     |
  |                                                                       |
 8|be a valid defense to an allegation of liability for a violation of    |
  |                                                                       |
 9|toll collection regulations pursuant to this paragraph that the        |
  |                                                                       |
10|vehicle was reported as stolen within two (2) hours after the          |
  |                                                                       |
11|discovery of the theft by the owner.  For purposes of asserting the    |
  |                                                                       |
12|defense provided by this subsection it shall be sufficient that a      |
  |                                                                       |
13|certified copy of the police report of the stolen vehicle be sent by   |
  |                                                                       |
14|first-class mail to the Authority and the district court having        |
  |                                                                       |
15|jurisdiction.                                                          |
  |                                                                       |
16|    13.  Subject to the review procedures contained in paragraph 8     |
  |                                                                       |
17|of this subsection, an owner of a vehicle to which a notice of toll    |
  |                                                                       |
18|evasion violation was issued pursuant to paragraph 7 of this           |
  |                                                                       |
19|subsection shall not be liable for the violation of the toll           |
  |                                                                       |
20|collection regulations provided that the owner sends to the            |
  |                                                                       |
21|Authority the affidavit of nonliability described in paragraph 7 of    |
  |                                                                       |
22|this subsection, within twenty-one (21) days after receiving the       |
  |                                                                       |
23|original notice of toll evasion violation.  Failure to send such       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 882                                                    Page 14
___________________________________________________________________________

 1|information within the time period shall render the owner liable for   |
  |                                                                       |
 2|the penalty prescribed by this section.                                |
  |                                                                       |
 3|    14.  In connection with the preparation and mailing of a notice    |
  |                                                                       |
 4|of toll evasion violation, the Authority shall ensure adequate and     |
  |                                                                       |
 5|timely notice to all video toll collection system and electronic       |
  |                                                                       |
 6|toll collection system account holders to inform them when their       |
  |                                                                       |
 7|accounts are delinquent.  An owner who is an account holder under      |
  |                                                                       |
 8|the video toll collection system or electronic toll collection         |
  |                                                                       |
 9|system shall not be found liable for a violation of this section       |
  |                                                                       |
10|unless the Authority has first sent a notice of delinquency to the     |
  |                                                                       |
11|account holder and the account holder was in fact delinquent at the    |
  |                                                                       |
12|time of the violation.                                                 |
  |                                                                       |
13|    15.  Nothing in this section shall be construed to limit the       |
  |                                                                       |
14|liability of an operator of a vehicle for any violation of toll        |
  |                                                                       |
15|collection laws or regulations.                                        |
  |                                                                       |
16|    16.  Notwithstanding any other provision of law, all               |
  |                                                                       |
17|photographs, microphotographs, videotape or other recorded images      |
  |                                                                       |
18|prepared pursuant to this section shall be for the exclusive use of    |
  |                                                                       |
19|the Authority in the discharge of its duties under this section and    |
  |                                                                       |
20|shall not be open to the public nor be used in any court in any        |
  |                                                                       |
21|action or proceeding pending therein unless the action or proceeding   |
  |                                                                       |
22|relates to:                                                            |
  |                                                                       |
23|         a.    the imposition of or indemnification for liability      |
  |                                                                       |
24|              pursuant to this section, or                             |
  |                                                                       |
   Req. No. 882                                                    Page 15
___________________________________________________________________________

 1|         b.    an investigation or prosecution for a criminal          |
  |                                                                       |
 2|              violation of the laws of the State of Oklahoma.  Such    |
  |                                                                       |
 3|              records shall be available to a law enforcement          |
  |                                                                       |
 4|              officer or law enforcement agency for law enforcement    |
  |                                                                       |
 5|              purposes related to an investigation or prosecution of   |
  |                                                                       |
 6|              a criminal violation of the laws of the State of         |
  |                                                                       |
 7|              Oklahoma pursuant to a duly issued search warrant,       |
  |                                                                       |
 8|              subpoena, or order of the court requiring such           |
  |                                                                       |
 9|              disclosure to a law enforcement officer or agency.       |
  |                                                                       |
10|    17.  The Authority shall not sell, distribute or make available    |
  |                                                                       |
11|in any way, the names and addresses of video toll collection system    |
  |                                                                       |
12|and electronic toll collection system account holders or Authority     |
  |                                                                       |
13|patrons, without the consent of the account holders or patrons, to     |
  |                                                                       |
14|any entity that will use the information for any commercial purpose.   |
  |                                                                       |
15|    18.  a.   Except as provided in subparagraph c of this             |
  |                                                                       |
16|              paragraph, Service Oklahoma shall refuse to renew the    |
  |                                                                       |
17|              registration of any vehicle if the registered owner or   |
  |                                                                       |
18|              lessee has been mailed by certified mail a notice of     |
  |                                                                       |
19|              toll evasion violation as provided in subparagraph c     |
  |                                                                       |
20|              of paragraph 7 of this subsection, the Authority has     |
  |                                                                       |
21|              transmitted to Service Oklahoma an itemization of        |
  |                                                                       |
22|              unpaid toll evasion penalties, including                 |
  |                                                                       |
23|              administrative fees, pursuant to paragraph 10 of this    |
  |                                                                       |
24|              subsection, and the toll evasion penalty and             |
  |                                                                       |
   Req. No. 882                                                    Page 16
___________________________________________________________________________

 1|              administrative fee have not been paid pursuant to        |
  |                                                                       |
 2|              paragraph 9 of this subsection, unless the full amount   |
  |                                                                       |
 3|              of all outstanding toll evasion penalties and            |
  |                                                                       |
 4|              administrative fees, as shown by records of Service      |
  |                                                                       |
 5|              Oklahoma are paid to Service Oklahoma at the time of     |
  |                                                                       |
 6|              application for renewal.                                 |
  |                                                                       |
 7|         b.   The Authority shall issue a notice of disposition of     |
  |                                                                       |
 8|              toll evasion violation to a lessor, if the lessor        |
  |                                                                       |
 9|              provides the Authority with the name, address, and       |
  |                                                                       |
10|              driver license number of the lessee at the time of the   |
  |                                                                       |
11|              occurrence of the toll evasion violation.                |
  |                                                                       |
12|         c.   Service Oklahoma shall renew the registration of any     |
  |                                                                       |
13|              vehicle if the applicant provides Service Oklahoma       |
  |                                                                       |
14|              with the notice of disposition of toll evasion           |
  |                                                                       |
15|              violation issued pursuant to subparagraph b of this      |
  |                                                                       |
16|              paragraph for clearing all outstanding toll evasion      |
  |                                                                       |
17|              penalties, fees and assessments, as shown by the         |
  |                                                                       |
18|              records of Service Oklahoma, and the applicant has met   |
  |                                                                       |
19|              all other requirements for registration.                 |
  |                                                                       |
20|    19.  Service Oklahoma shall include on each vehicle registration   |
  |                                                                       |
21|renewal notice issued for use at the time of renewal, or on an         |
  |                                                                       |
22|accompanying document, an itemization of unpaid toll evasion           |
  |                                                                       |
23|penalties, fees and assessments, showing the amount thereof and the    |
  |                                                                       |
24|date of toll evasion relating thereto, which the registered owner or   |
  |                                                                       |
   Req. No. 882                                                    Page 17
___________________________________________________________________________

 1|lessee is required to pay pursuant to paragraph 18 of this             |
  |                                                                       |
 2|subsection.                                                            |
  |                                                                       |
 3|    20.  a.   Except as provided in subparagraph b of this             |
  |                                                                       |
 4|              paragraph, Service Oklahoma shall remit all toll         |
  |                                                                       |
 5|              evasion penalties, fees and assessments collected,       |
  |                                                                       |
 6|              after deducting the administrative fee authorized by     |
  |                                                                       |
 7|              paragraph 21 of this subsection, for each notice of      |
  |                                                                       |
 8|              toll evasion violation for which toll evasion            |
  |                                                                       |
 9|              penalties, fees and assessments have been collected      |
  |                                                                       |
10|              pursuant to paragraph 18 of this subsection, to the      |
  |                                                                       |
11|              Authority.  Within forty-five (45) days from the time    |
  |                                                                       |
12|              penalties, fees and assessments are paid to Service      |
  |                                                                       |
13|              Oklahoma, Service Oklahoma shall inform the Authority    |
  |                                                                       |
14|              which of its notices of toll evasion violation have      |
  |                                                                       |
15|              been collected.                                          |
  |                                                                       |
16|         b.   For each notice of toll evasion violation for which      |
  |                                                                       |
17|              toll evasion penalties, fees and assessments have been   |
  |                                                                       |
18|              collected by Service Oklahoma pursuant to paragraph 17   |
  |                                                                       |
19|              of this subsection, the Authority is due an amount       |
  |                                                                       |
20|              equal to the sum of the unpaid toll, administrative      |
  |                                                                       |
21|              fees, other costs incurred by the Authority that are     |
  |                                                                       |
22|              related to toll evasion, process service fees, and       |
  |                                                                       |
23|              fees and collection costs related to civil debt          |
  |                                                                       |
24|              collection.  After deducting Service Oklahoma's          |
  |                                                                       |
   Req. No. 882                                                    Page 18
___________________________________________________________________________

 1|              administrative fee authorized by paragraph 21 of this    |
  |                                                                       |
 2|              subsection, Service Oklahoma shall promptly pay to the   |
  |                                                                       |
 3|              Authority the amounts due the Authority for unpaid       |
  |                                                                       |
 4|              tolls, administrative fees, other costs incurred by      |
  |                                                                       |
 5|              the Authority that are related to toll evasion,          |
  |                                                                       |
 6|              process service fees, and fees and collection costs      |
  |                                                                       |
 7|              related to civil debt collection.                        |
  |                                                                       |
 8|    21.  Service Oklahoma shall assess a fee for the recording of      |
  |                                                                       |
 9|the notice of toll evasion violation, which is given to Service        |
  |                                                                       |
10|Oklahoma pursuant to paragraph 10 of this subsection, in an amount,    |
  |                                                                       |
11|as determined by Service Oklahoma, that is sufficient to provide a     |
  |                                                                       |
12|total amount equal to at least its actual costs of administering       |
  |                                                                       |
13|paragraphs 18, 19 and 22 of this subsection.                           |
  |                                                                       |
14|    22.  Whenever a vehicle is transferred or not renewed for two      |
  |                                                                       |
15|renewal periods and the former registered owner or lessee of the       |
  |                                                                       |
16|vehicle owes a toll evasion penalty and administrative fees for a      |
  |                                                                       |
17|notice of toll evasion violation filed with Service Oklahoma           |
  |                                                                       |
18|pursuant to paragraph 10 of this subsection, Service Oklahoma shall    |
  |                                                                       |
19|notify the Authority of that fact and is not required thereafter to    |
  |                                                                       |
20|attempt collection of the toll evasion penalty and administrative      |
  |                                                                       |
21|fees.                                                                  |
  |                                                                       |
22|    This legislation shall not be construed to affect in any way the   |
  |                                                                       |
23|power which the Oklahoma Turnpike Authority possesses to establish     |
  |                                                                       |
24|tolls and other charges in connection with their turnpike              |
  |                                                                       |
   Req. No. 882                                                    Page 19
___________________________________________________________________________

 1|facilities, including the authority to establish a one-way toll        |
  |                                                                       |
 2|collection system for any of its facilities or a toll discount         |
  |                                                                       |
 3|structure for certain classes of patrons using any of its              |
  |                                                                       |
 4|facilities.                                                            |
  |                                                                       |
 5|    C.  All school buses, as defined in Section 1-160 of this title,   |
  |                                                                       |
 6|shall be exempt from being required to pay any toll or charge for      |
  |                                                                       |
 7|use of any turnpike of this state.                                     |
  |                                                                       |
 8|    SECTION 2.  This act shall become effective November 1, 2023.      |
  |                                                                       |
 9|                                                                       |
  |                                                                       |
10|    59-1-882       JES       1/18/2023 6:23:38 PM                      |
  |                                                                       |
11|                                                                       |
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12|                                                                       |
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13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 882                                                    Page 20
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