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ENGROSSED HOUSE
BILL NO. 3152 By: Grego of the House
and
Murdock of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 172, which relates to powers and duties
of enforcement officers of the Corporation
Commission; authorizing general criminal law
enforcement authority upon receiving certain consent;
deleting certain search and seizure prohibition; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 172, is
amended to read as follows:
Section 172. A. Every owner of any motor vehicle, the agents
or employees of the owner, and every other person who violates or
fails to comply with or procures, aids, or abets in the violation of
Sections 161 through 180m of this title or the Motor Carrier Act of
1995, or who fails to obey, observe, or comply with any order,
decision, rule or regulation, direction, demand, or requirement of
the Corporation Commission, or who procures, aids or abets any
corporation or person in the person's, or its, refusal or willful
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failure to obey, observe or comply with any such order, decision,
rule, direction, demand, or regulation shall be deemed guilty of a
misdemeanor. Upon conviction in a criminal court of competent
jurisdiction, such misdemeanor is punishable by a fine of not
exceeding One Thousand Dollars ($1,000.00).
B. The Corporation Commission shall report to the Attorney
General of this state and the district attorney of the proper county
having jurisdiction of such offense, any violation of any of the
provisions of Sections 161 through 180m of this title or the Motor
Carrier Act of 1995 or any rule of the Corporation Commission
promulgated pursuant to the provisions of Sections 161 through 180m
of this title or the Motor Carrier Act of 1995, by any motor vehicle
owner, agent or employee of such owner, or any other person. Upon
receipt of such report, the Attorney General or the district
attorney of the proper county having jurisdiction of such offense
shall institute criminal or civil proceedings against such offender
in the proper court having jurisdiction of such offense. Any
willful failure on the part of members of the Corporation
Commission, the Attorney General or any district attorney, to comply
with the provisions of this section, shall be deemed official
misconduct. The Corporation Commission shall report such complaints
so made to the Governor of this state who shall direct and cause the
laws of this state to be enforced.
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C. Any person failing, neglecting or refusing to comply with
the provisions of Sections 161 through 180m of this title or the
Motor Carrier Act of 1995, or with any rule, regulation, or
requirement of the Corporation Commission promulgated pursuant to
the provisions of Sections 161 through 180m of this title or the
Motor Carrier Act of 1995, shall be guilty of contempt of the
Corporation Commission, and shall be subject to a fine to be imposed
by the Corporation Commission in a sum not exceeding Five Hundred
Dollars ($500.00). Each day on which such contempt occurs shall be
deemed a separate and distinct offense. The maximum fine to be
assessed on each day shall be Five Hundred Dollars ($500.00). All
fines collected pursuant to the provisions of this section shall be
deposited in the State Treasury to the credit of the Corporation
Commission Trucking One-Stop Shop Fund, as created in Section 1167
of this title. This subsection shall not apply in the specific
instance of load capacity violations or violations applicable to the
transportation or discharge of deleterious substances provided for
by specific statutory provisions.
D. The Corporation Commission shall appoint a director of
transportation, a deputy director, an insurance supervisor, an
insurance clerk, two stenographers, a secretary to the director, an
identification device supervisor and an assistant identification
device supervisor at such salaries as the Legislature may from time
to time prescribe. The employees shall be allowed actual and
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necessary travel expenses pursuant to the provisions of the State
Travel Reimbursement Act. All of the expense claims shall be
presented and paid monthly.
E. Enforcement officers, appointed by the Corporation
Commission, are hereby declared to be peace officers of this state.
Such officers shall be vested with all powers of peace officers in
enforcing the provisions of Sections 161 through 180m of this title
and the Motor Carrier Act of 1995 in all parts of this state and
general criminal law enforcement authority upon the prior consent of
the official in charge of a state law enforcement agency, sheriff,
or chief of police in whose territorial jurisdiction the exercise of
such authority occurs.
The powers and duties conferred upon said enforcement officers
shall in no way limit the powers and duties of sheriffs or other
peace officers of the state, or any political subdivision thereof,
or of members of the Division of Highway Patrol, subject to the
Department of Public Safety.
F. The enforcement officers when on duty, upon reasonable
belief that any motor vehicle is being operated in violation of any
provisions of Sections 161 through 180m of this title or the Motor
Carrier Act of 1995, shall be authorized to require the driver of
the vehicle to stop and submit to an inspection of the
identification device, or devices, in the vehicle, and to submit to
such enforcement officer bills of lading, waybills, or other
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evidences of the character of the commerce being transported in such
vehicle, and to submit to an inspection of the contents of such
vehicle for the purpose of comparing same with bills of lading or
shipping documentation, waybills, or other evidences of
transportation carried by the driver of the vehicle. The officers
shall not have the right to plea bargain.
G. The enforcement officers are authorized to serve all
warrants, writs, and notices issued by the Corporation Commission
relating to the enforcement of the provisions of Sections 161
through 180m of this title or the Motor Carrier Act of 1995 and the
rules, regulations, and requirements prescribed by the Corporation
Commission promulgated pursuant to Sections 161 through 180m of this
title or the Motor Carrier Act of 1995.
H. The enforcement officers shall not have the power or right
of search, nor shall they have the right of power of seizure, except
as provided in Sections 161 through 180m of this title or the Motor
Carrier Act of 1995. The enforcement officers are authorized to
hold and detain any motor vehicle operating upon the highways of
this state, if, the enforcement officer has reason to believe that
the vehicle is being operated contrary to the provisions of Sections
161 through 180m of this title or the Motor Carrier Act of 1995, or
the rules, regulations, and requirements of the Corporation
Commission promulgated pursuant to Sections 161 through 180m of this
title or the Motor Carrier Act of 1995.
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I. No state official, other than members of the Corporation
Commission, shall have any power, right, or authority to command,
order, or direct any enforcement officer to perform any duty or
service authorized by Sections 161 through 180m of this title or the
Motor Carrier Act of 1995.
J. Each of the enforcement officers shall, before entering upon
the discharge of their duties, take and subscribe to the usual oath
of office and shall execute to the State of Oklahoma a bond in the
sum of Twenty-five Thousand Dollars ($25,000.00) each, with
sufficient surety for the faithful performance of their duty. The
bond shall be approved and filed as provided by law.
K. No enforcement officer or employee of the Oklahoma
Corporation Commission shall have the right to plea bargain in motor
carrier or motor transportation matters except the chief legal
counsel of the Commission or an assign of the legal staff of the
chief legal counsel.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 5th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate