Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1915 By: Reinhardt
AS INTRODUCED
An Act relating to money transmission; amending
Section 2, Chapter 363, O.S.L. 2025 (6 O.S. Supp.
2025, Section 1520.1), which relates to digital asset
kiosk operators; updating statutory reference;
creating the Oklahoma Money Transmission
Modernization Act; providing short title; defining
terms; providing certain exclusions; allowing the
Insurance Commissioner to require certain information
for certain claim to exemption; allowing the
Commissioner to enter into certain agreements;
allowing the Commissioner to utilize certain software
for certain investigations; allowing the Commissioner
to accept certain information; allowing the
Commissioner to recover certain costs; requiring
certain information to adhere to Oklahoma Open
Records Act; allowing disclosure of certain
information; construing provisions; establishing
certain information as nonconfidential; allowing
Commissioner to conduct certain investigations;
allowing Commissioner to issue certain order;
allowing Commissioner to employ certain persons;
allowing Commissioner to participate in certain
multistate supervisory processes; prohibiting
Commissioner from waiving certain authorities;
prohibiting certain persons from engaging in certain
business without certain license; providing certain
exceptions; allowing Commissioner to engage in
certain actions and establish certain relationships;
allowing Commissioner to utilize Nationwide
Multistate Licensing System (NMLS) for certain
licensing provisions; allowing Commissioner to waive
certain requirements; establishing certain license
fees; requiring license form to include certain
information; requiring certain key individuals to
submit certain information to Commissioner; requiring
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Commissioner to provide certain notice upon
completion of certain application; requiring
Commissioner to conduct certain investigations;
establishing certain requirements for certain
multistate licensees; allowing Commissioner to deny
certain licenses; requiring Commissioner to provide
certain notice upon certain denial of application;
establishing certain time frame of certain license;
requiring certain renewal time period for certain
license; requiring certain persons seeking certain
control to submit certain information; allowing
submission of certain information without use of
NMLS; requiring certain notice to certain applicant;
prohibiting approval of certain licenses; requiring
Commissioner to conduct certain investigations;
allowing Commissioner to accept certain results;
requiring Commissioner to issue certain written
notice of denial; excluding certain persons from
certain provisions; requiring certain notice to
Commissioner within certain time period; allowing
request for certain determination; requiring certain
licensee adding or replacing certain key individual
to provide certain information; requiring certain
notice; requiring licensees to submit certain report;
requiring certain information in certain report;
establishing certain time frame for submission of
certain report; requiring licensee to maintain
records for certain time period; allowing
Commissioner to utilize NMLS for submission of
certain reports; requiring licensee to conduct
certain protocols before conducting certain business;
requiring certain contract to have certain
provisions; requiring notice to Commissioner of
certain license status within certain time period;
establishing certain status of certain commingled
funds; prohibiting certain use of subdelegate;
requiring certain licensees to forward all monies;
providing certain exceptions; requiring certain
response in certain situations; providing certain
exemptions; requiring certain receipt to be sent to
certain sender; requiring certain licensee to issue
certain report; requiring certain licensee to
maintain certain tangible net worth; allowing
Commissioner to exempt certain licensee from certain
tangible net worth requirements; requiring certain
applicant to have certain surety bond; requiring
certain licensee to maintain certain permissible
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investments; allowing Commissioner to limit extent of
certain investments; subjecting certain permissible
investments to certain attachments; requiring
Commissioner to notify regulator of certain actions;
allowing Commissioner to allow certain investments;
establishing certain permissible investments;
allowing Commissioner to suspend or revoke certain
license; allowing Commissioner to issue certain cease
and desist order; amending Section 14, Chapter 366,
O.S.L. 2024 (21 O.S. Supp. 2025, Section 20N), which
relates to class D1 criminal offenses; creating
certain offense; updating statutory language;
updating statutory reference; repealing 6 O.S. 2021,
Sections 1511, 1512, 1513, 1514, and 1515, which
relate to the Oklahoma Financial Transaction
Reporting Act; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 363, O.S.L.
2025 (6 O.S. Supp. 2025, Section 1520.1), is amended to read as
follows:
Section 1520.1. A. A digital asset kiosk operator shall not
engage in digital asset kiosk transactions or hold itself out as
being able to engage in digital asset kiosk transactions with or on
behalf of another person unless the digital asset kiosk operator is
licensed in this state as a money transmitter pursuant to the
Oklahoma Financial Transaction Reporting Act the Oklahoma Money
Transmission and Modernization Act.
1. Any digital asset kiosk operator acting in violation of this
subsection shall, upon conviction, be guilty of a misdemeanor,
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punishable by a fine not less than Six Hundred Dollars ($600.00) nor
more than Two Thousand Dollars ($2,000.00) per violation, or by
imprisonment in the county jail for not less than thirty (30) days
nor more than one (1) year, or by both such fine and imprisonment.
2. Any digital asset kiosk which is used by a digital asset
kiosk operator in violation of this subsection may be seized at the
direction of the Attorney General by any commissioned peace officer
in this state. The procedures set forth in Section 1738 of Title 21
of the Oklahoma Statutes shall apply to any digital asset kiosk
seized under this subsection.
3. The Attorney General is authorized to promulgate rules to
effectuate the provisions of this subsection.
4. Any customer who has been fraudulently induced to engage in
digital asset transactions using a digital asset kiosk operated in
violation of this subsection may file a civil suit against the
digital asset kiosk operator for the amount of any losses sustained
by the customer related to such digital asset transactions.
B. A digital asset kiosk operator shall not locate or relocate,
or allow a third party to locate or relocate, a digital asset kiosk
in this state unless the digital asset kiosk operator has provided
notice of intent to locate or relocate a digital asset kiosk to the
Banking Department no less than ten (10) days prior to its
activation. The notice to the Banking Department shall contain the
same information for the digital asset kiosk to be located or
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relocated as is required in the quarterly location report pursuant
to subsection C of this section.
C. Each digital asset kiosk operator shall submit a quarterly
report of the location of each digital asset kiosk located within
this state within forty-five (45) days of the end of the calendar
quarter. The location report shall include:
1. The company’s legal name;
2. Any fictitious or trade name;
3. The physical address;
4. The start date of operation of the digital asset kiosk at
each location; and
5. The end date of operation of the digital asset kiosk at each
location, if applicable.
D. A digital asset kiosk operator shall disclose in a clear,
conspicuous, and easily readable manner in the chosen language of
the customer all relevant terms and conditions generally associated
with the products, services, and activities of the digital asset
kiosk operator and digital assets.
1. The digital asset kiosk operator shall receive
acknowledgement of receipt of all disclosures required under this
act through confirmation of consent.
2. The disclosures under this act shall include:
a. a warning, written prominently and in bold type, and
provided separately from the disclosures below,
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stating: “WARNING: LOSSES DUE TO FRAUDULENT OR
ACCIDENTAL TRANSACTIONS ARE NOT RECOVERABLE AND
TRANSACTIONS IN DIGITAL ASSETS ARE IRREVERSIBLE.
DIGITAL ASSET TRANSACTIONS MAY BE USED TO STEAL YOUR
MONEY BY CRIMINALS IMPERSONATING THE GOVERNMENT,
ORGANIZATIONS, OR YOUR LOVED ONES. THEY CAN THREATEN
JAIL TIME, SAY YOUR IDENTITY HAS BEEN STOLEN, ALLEGE
YOUR COMPUTER HAS BEEN HACKED, INSIST YOU WITHDRAW
MONEY FROM YOUR BANK ACCOUNT TO PURCHASE DIGITAL
ASSETS, OR A NUMBER OF OTHER SCAMS. IF YOU BELIEVE
YOU ARE BEING SCAMMED, CALL YOUR LOCAL LAW
ENFORCEMENT.”,
b. the material risks associated with digital assets and
digital asset transactions including, but not limited
to:
(1) a warning that once completed, the transaction
may not be reversed,
(2) the digital asset kiosk operator’s liability for
unauthorized digital asset transactions,
(3) the digital asset customer’s liability for
unauthorized currency transactions,
(4) that digital assets are not legal tender, backed
or insured by the government, and accounts and
value balances are not subject to Federal Deposit
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Insurance Corporation, National Credit Union
Administration, or Securities Investor Protection
Corporation protections,
(5) that some digital asset transactions are deemed
to be made when recorded on a public ledger,
which may not be the date or time when the person
initiates the transaction,
(6) that a digital asset’s value may be derived from
market participants’ continued willingness to
exchange currency for digital assets, which may
result in the permanent and total loss of a
particular digital asset’s value if the market
for digital assets disappears,
(7) that a person who accepts a digital asset as
payment today is not required to accept and might
not accept a digital asset in the future,
(8) that the volatility and unpredictability of the
price of digital assets relative to currency may
result in a significant loss over a short period,
(9) that the nature of digital assets means that any
technological difficulties experienced by digital
asset kiosk operators may prevent access to or
use of a person’s digital assets, and
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(10) that any bond maintained by the digital asset
kiosk operator for the benefit of a person may
not cover all losses a person incurs,
c. the amount of the transaction denominated in United
States dollars as well as the applicable digital
assets,
d. any fees or expenses charged by the digital asset
kiosk operator,
e. any applicable exchange rates,
f. a daily digital asset transaction limit of no more
than Two Thousand Dollars ($2,000.00) for new
customers,
g. notice of a change in the digital asset kiosk
operator’s rules or policies,
h. the name, address, and telephone number of the owner
of the digital asset kiosk and the days, times, and
means by which a customer can contact the owner for
customer assistance, displayed on or at the location
of the digital asset kiosk, or on the first screen of
the digital asset kiosk,
i. under what circumstances the digital asset kiosk
operator, without a court or government order,
discloses a person’s account information to third
parties, and
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j. other disclosures that are customarily given in
connection with a digital asset transaction.
E. Upon each transaction’s completion, the digital asset kiosk
operator shall provide the customer with a receipt, in paper where
possible, in the language chosen by the customer containing the
following information:
1. The digital asset kiosk operator’s name and contact
information, including a telephone number to answer questions and
register complaints;
2. The type, value, date, and precise time of the transaction,
transaction hash, and each applicable digital asset address;
3. All fees charged;
4. The exchange rate of the digital asset to United States
dollars;
5. A statement of the digital asset kiosk operator’s liability
for nondelivery or delayed delivery; and
6. A statement of the digital asset kiosk operator’s refund
policy.
F. In the event that a paper receipt is not possible, the
digital asset kiosk operator shall post in a conspicuous manner
information by which a customer who has engaged in a digital asset
kiosk transaction can contact the digital asset kiosk operator to
obtain a copy of the receipt.
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G. All digital asset kiosk operators shall use blockchain
technology to assist in the prevention of sending purchased digital
assets from a digital asset kiosk operator to a digital asset wallet
known to be affiliated with fraudulent activity at the time of a
transaction. The Banking Department may request evidence from any
digital asset kiosk operator of the current use of blockchain
analytics.
1. All digital asset kiosk operators shall take reasonable
steps to detect and prevent fraud, including establishing and
maintaining a written anti-fraud policy including, but not limited
to:
a. the identification and assessment of fraud-related
risk areas,
b. procedures and controls to protect against identified
risks,
c. allocation of responsibility for monitoring risks, and
d. procedures for the periodic evaluation and revision of
the anti-fraud procedures, controls, and monitoring
mechanisms.
2. Each digital asset kiosk operator shall designate and employ
a compliance officer with the following requirements:
a. the individual shall be qualified to coordinate and
monitor compliance with this act and all other
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applicable federal and state laws, rules, and
regulations,
b. the individual shall be employed full-time by the
digital asset kiosk operator,
c. the designated compliance officer cannot be an
individual who owns more than twenty percent (20%) of
the digital asset kiosk by whom the individual is
employed, and
d. compliance responsibilities required under federal and
state laws, rules, and regulations shall be completed
by full-time employees of the digital asset kiosk
operator.
3. A digital asset kiosk operator shall issue a refund to a new
customer for the full amount of all fraudulent transactions,
including all transaction fees and charges that were charged to the
customer pursuant to subsection I of this section, made while a new
customer. To receive a refund under this section, a new customer
shall have been fraudulently induced to engage in the digital asset
transactions and shall contact the digital asset kiosk operator and
the Office of the Attorney General to report the fraudulent nature
of the transactions within fourteen (14) days of the last fraudulent
transaction to occur while the customer was a new customer.
4. A digital asset kiosk operator shall issue a refund to an
existing customer who qualifies under this paragraph for the full
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amount of all transaction fees and charges that were charged to the
customer pursuant to subsection I of this section upon the request
of the customer. To receive a refund under this paragraph, a
customer shall have been fraudulently induced to engage in digital
asset transactions and shall contact the digital asset kiosk
operator and the Office of the Attorney General to report the
fraudulent nature of the transaction within fourteen (14) days of
the transaction.
H. A digital asset kiosk operator shall not accept transactions
of more than Two Thousand Dollars ($2,000.00), or the equivalent in
digital assets, in a single day in connection with digital asset
kiosk transactions with a new customer in this state by one or more
digital asset kiosks.
I. The aggregate fees and charges directly or indirectly
charged to a customer related to a single transaction or series of
related transactions involving digital assets effected through a
digital asset kiosk in this state, including any difference between
the price charged to a customer to buy, sell, exchange, swap, or
convert digital assets and the prevailing market value of such
digital assets at the time of such transaction, shall not exceed
fifteen percent (15%) of the United States dollar equivalent of the
digital assets involved in the transaction or transactions.
J. All digital asset kiosk operators performing business in
this state shall provide live customer service at a minimum Monday
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through Friday from 8:00 a.m. CST to 10:00 p.m. CST. The customer
service toll-free number shall be displayed on the digital asset
kiosk or the digital asset kiosk screens.
K. The Banking Department is authorized to promulgate rules
necessary to implement the provisions of this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1531 of Title 6, unless there is
created a duplication in numbering, reads as follows:
Sections 2 through 19 may be known and shall be cited as the
“Oklahoma Money Transmission Modernization Act”.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1532 of Title 6, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. “Acting in concert” means persons knowingly acting together
with a common goal of jointly acquiring control of a licensee;
2. “Authorized delegate” means a person a licensee designates
to engage in money transmission on behalf of the licensee;
3. “Average daily money transmission liability” means the
amount of the licensee’s outstanding money transmission obligations
in this state at the end of each day in a given period of time,
added together, and divided by the total number of days in the given
period of time. For purposes of calculating average daily money
transmission liability under this act, for any licensee required to
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do so, the given period of time shall be the quarters ending March
31, June 30, September 30, and December 31;
4. “Closed loop stored value” means stored value that is
redeemable by the issuer only for goods or services provided by the
issuer, such issuer’s affiliate, or franchisees of the issuer or
such issuer’s affiliate, except to the extent required by applicable
law to be redeemable in cash for its cash value;
5. “Control” means:
a. a controlling influence as determined by the Insurance
Commissioner, or the power to:
(1) vote at least twenty-five percent (25%) of the
outstanding voting shares or voting interests of
a person in control of a licensee,
(2) elect or appoint a majority of key individuals or
executive officers, managers, directors,
trustees, or other persons exercising managerial
authority of a person in control of a licensee,
or
(3) exercise a controlling influence over the
management or policies of a licensee or person in
control of a licensee.
b. A presumption of control:
(1) means a person shall be presumed to exercise a
controlling influence when the person holds the
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power to vote at least ten percent (10%) of the
outstanding voting shares or voting interests of
a licensee or person in control of a licensee,
and
(2) may be rebutted by evidence that the person who
is presumed to exercise a controlling influence
is a passive investor.
c. For purposes of determining the percentage of a person
controlled by any other person’s interest, such
percentage shall be aggregated with the interest of
any other immediate family member including, but not
limited to, the person’s spouse, parents, children,
siblings, mothers- or fathers-in-law, sons- or
daughters-in-law, brothers- or sisters-in-law, or any
other person who shares such person’s home.
d. The Commissioner shall have broad authority to
designate a person as someone who has controlling
influence if the person owns voting shares of a
licensee or if the person acts on behalf of someone
who owns voting shares of a licensee. A determination
made by the Commissioner pursuant to this paragraph
shall not be rebuttable;
6. “Currency” means coin and paper money issued by the United
States or another country that is designated as legal tender,
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circulates, and is customarily used and accepted as a medium of
exchange in the country of issuance;
7. “Digital assets” means the same as defined in Section 1359
of Title 68 of the Oklahoma Statutes;
8. “Digital asset kiosk” means the same as defined in Section
1520 of Title 6 of the Oklahoma Statutes;
9. “Digital asset kiosk operator” means the same as defined in
Section 1520 of Title 6 of the Oklahoma Statutes;
10. “Eligible rating” means a sufficiently high rating given by
an eligible rating service. If a security has differing credit
ratings given by multiple eligible rating services, the higher
rating shall apply when determining whether the security has an
eligible rating. A sufficiently high credit rating shall be a
credit rating of any of the three highest rating categories provided
by an eligible rating service, including:
a. a long-term credit rating of A- or higher by S&P
Global,
b. a short-term credit rating of A-2, SP-2, or higher by
S&P Global, or
c. the relative equivalent rating from an eligible rating
service that does not have a rating described pursuant
to subparagraphs a and b of this paragraph;
11. “Eligible rating service” means any nationally recognized
statistical rating organization as defined by the United States
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Securities and Exchange Commission and any other organization
designated by the Commissioner;
12. “Federally insured depository financial institution” means
a bank, credit union, industrial bank, or industrial loan company
organization under federal or state law that has federally insured
deposits;
13. “In this state” means a transaction is requested:
a. in person at a physical location in this state,
b. electronically or by phone if:
(1) the person is an individual whose residential
address is in this state, or
(2) the person is a business entity, the entity whose
principal place of business or other physical
address is in this state, or
c. has any records associated with the person that the
provider of money transmission has that indicate the
person’s location is in this state;
14. “Key individual” means an individual ultimately responsible
for establishing or directing policies and procedures of the
licensee including, but not limited to, an executive officer,
manager, director, or trustee;
15. “Material litigation” means litigation that, according to
United States generally accepted accounting principles, is
significant to a person’s financial health and would be required to
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be disclosed in the person’s annual audited financial statements,
report to shareholders, or similar records;
16. “Money” means currency or a claim that can be converted
into currency through a financial institution, electronic payments
network, or payment system. The term includes stablecoin that:
a. is pegged to a sovereign currency,
b. is fully backed by assets held in reserve, and
c. grants a holder of the stablecoin the right to redeem
the stablecoin for sovereign currency from the issuer;
17. “Money received for transmission” means receiving money or
monetary value in the United States for transmission within or
outside the United States by electronic or other means;
18. “Money transmission” means:
a. selling or issuing payment instruments to a person
located in this state,
b. selling or issuing stored to a person located in this
state, and
c. receiving money for transmission from a person located
in this state.
Money transmission shall include payroll processing services and
shall not include the sole provision of online or telecommunication
service or network access;
19. “MSB-accredited state” means a state agency that is
accredited by the Conference of State Bank Supervisors and Money
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Transmitter Regulators Association for money transmission licensing
and supervision;
20. “Multistate licensing process” means any agreement entered
into by and among state regulators relating to coordinated
processing of applications for money transmission licenses,
applications for the acquisition of control of a licensee, control
determinations, or notice, and information requirements for a change
of key individuals;
21. “Nationwide Multistate Licensing System” (NMLS) means the
licensing system and registry developed by the Conference of State
Bank Supervisors and the American Association of Residential
Mortgage Regulators and owned and operated by the State Regulatory
Registry, LLC, or any successor or affiliated entity, for the
licensing and registration of persons in financial services
industries;
22. “Outstanding money transmission obligations” means:
a. any payment instrument or stored value that has:
(1) been issued or sold by a money transmission
licensee to a person located in any state,
territory, or possession of the United States,
the District of Columbia, the Commonwealth of
Puerto Rico, or a United States military
installation that is located in a foreign
country,
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(2) been reported as sold by an authorized delegate
to a person who is located in any state,
territory, or possession of the United States,
the District of Columbia, the Commonwealth of
Puerto Rico, or a United States military
installation that is located in a foreign
country, or
(3) not been paid or refunded by or for the licensee,
or escheated in accordance with applicable
abandoned property laws, or
b. money received for money transmission services by a
money transmission licensee or an authorized delegate
from a person located in any state, territory, or
possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a United
States military installation that is located in a
foreign country that has not been received by the
payee or refunded to the person or escheated in
accordance with applicable abandoned property laws;
23. “Passive investor” means a person who:
a. does not have the power to elect a majority of key
individuals or executive officers, managers,
directors, trustees, or other persons exercising
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managerial authority of a person in control of a
licensee,
b. is not employed by and does not have any managerial
duties of the licensee or person in control of a
licensee,
c. does not have the power to exercise a controlling
influence over the management or policies of a
licensee or person in control of a licensee, and
d. either attests to subparagraphs a, b, and c of this
paragraph in a form and medium prescribed by the
Commissioner or commits to the passivity
characteristics in a written document;
24. “Payment instrument” means a written or electronic check,
draft, money order, traveler’s check, or other written or electronic
instrument for the transmission or payment of money or monetary
value, whether or not negotiable. Payment instrument shall not
include stored value or any instrument that:
a. is redeemable by the issuer only for goods or services
provided by the issuer or its affiliate or franchisees
of the issuer or its affiliate, except to the extent
required by applicable law to be redeemable in cash
for its cash value, or
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b. is not sold to the public but is issued and
distributed as part of a loyalty, rewards, or
promotional program;
25. “Payroll processing services” means receiving money for
transmission pursuant to a contract with a person to deliver wages
or salaries, make payment of payroll taxes to state and federal
agencies, make payments relating to employee benefit plans, or make
distributions of other authorized deductions from wages or salaries.
Payroll processing services shall not include an employer performing
payroll processing services on its own behalf or on behalf of its
affiliate, or a professional employer organization subject to
regulations under other applicable state law;
26. “Person” means any individual, general partnership, limited
partnership, limited liability company, corporation, trust,
association, joint stock corporation, or other corporate entity
identified by the Commissioner;
27. “Remit” means to make direct payments of money to a
licensee or the licensee’s representative authorized to receive
money or to deposit money in a bank in an account specified by the
licensee;
28. “Stored value” means monetary value representing a claim
against the issuer evidenced by an electronic or digital record, and
that is intended and accepted for use as a means of redemption for
money or monetary value, or payment for goods or services,
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including, but not limited to, prepaid access as defined by 31
C.F.R., Section 1010.100. Stored value does not include a payment
instrument or closed loop stored value, or stored value not sold to
the public but issued and distributed as part of a loyalty, rewards,
or promotional program; and
29. “Tangible net worth” means the aggregate assets of a
licensee excluding all intangible assets, less liabilities, as
determined in accordance with United States generally accepted
accounting principles.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1533 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. This act shall not apply to:
1. An operator of a payment system to the extent that it
provides processing, clearing, or settlement services, between or
among persons or licensees exempted by this section in connection
with wire transfers, credit card transactions, debit card
transactions, stored value transactions, automated clearing house
transfers, or similar funds transfers;
2. A person appointed as an agent of a payee to collect and
process a payment from a payor to the payee for goods or services,
other than money transmission, provided to the payor by the payee,
provided that:
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a. there exists a written agreement between the payee and
the agent directing the agent to collect and process
payments from payors on the payee’s behalf,
b. the payee holds the agent out to the public as
accepting payments for goods or services on the
payee’s behalf, and
c. payments for the goods and services are treated as
received by the payee upon receipt by the agent so
that the payor’s obligation is extinguished and there
is no risk of loss to the payor if the agent fails to
remit the funds to the payee;
3. A person that acts as an intermediary by processing payments
between an entity that has directly incurred an outstanding money
transmission obligation to a sender, and the sender’s designated
recipient, provided that the entity:
a. is properly licensed or exempt from licensing
requirements under this act,
b. provides a receipt, electronic record, or other
written confirmation to the sender identifying the
entity as provider of money transmission in the
transaction, and
c. bears sole responsibility to satisfy the outstanding
money transmission obligation to the sender, including
the obligation to make the sender whole in connection
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with any failure to transmit the funds to the sender’s
designated recipient;
4. The United States or a department, agency, or
instrumentality or its agent;
5. Money transmission by the United States Postal Service or by
an agent of the United States Postal Service;
6. A state, county, city, or any other governmental agency or
governmental subdivision or instrumentality of a state or its agent;
7. A federally insured depository financial institution, bank
holding company, office of an international banking corporation,
foreign bank that establishes a federal branch pursuant to 12
U.S.C., Section 3102, bank service company pursuant to 12 U.S.C.,
Sections 1861 through 1867, or corporation organized under 12
U.S.C., Sections 611 through 633;
8. Electronic funds transfer or governmental benefits for a
federal, state, county, or governmental agency by a contractor on
behalf of the United States or a department, agency, or
instrumentality, or on behalf of a state or governmental
subdivision, agency, or instrumentality;
9. A board of trade designated as a contract market under 7
U.S.C., Sections 1 through 25, or a person that in the ordinary
course of business provides clearance and settlement services for a
board of trade to the extent of its operation as or for such board;
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10. A registered futures commission merchant under the federal
commodities laws to the extent of its operations as such merchant;
11. A person registered as a securities broker-dealer under
federal or state securities laws to the extent of its operation as
such broker-dealer;
12. An individual employed by a licensee, authorized delegate,
or any person exempted from the licensing requirements of this act
when acting within the scope of employment and under the supervision
of the licensee, authorized delegate, or exempted person as an
employee and not as an independent contractor;
13. A person expressly appointed as a third-party service
provider to or agent of an entity exempt under paragraph 7 of this
subsection to the extent that:
a. such service provider or agent is engaging in money
transmission on behalf of and pursuant to a written
agreement with the exempt entity that sets forth the
specific functions that the service provider or agent
is to perform, and
b. the exempt entity assumes all risk of loss and all
legal responsibility for satisfying the outstanding
money transmission obligations owed to purchasers and
holders of the outstanding money transmission
obligations upon receipt of the purchaser’s or
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holder’s money or monetary value by the service
provider or agent; and
14. A person exempt by regulation or order if the Insurance
Commissioner finds such exemption to be in the public interest and
that the regulation of such person is not necessary for the purposes
of this act.
B. The Commissioner may require any person claiming to be
exempt from licensing pursuant to this section to provide
information and documentation to the Commissioner demonstrating that
the person qualifies for any claimed exemption.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1534 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. The Insurance Commissioner may, subject to the provisions of
subsections C and D of this section:
1. Enter into agreements or relationships with other government
officials, federal or state regulatory agencies, or regulatory
associations to improve efficiencies and reduce regulatory burden by
standardizing methods or procedures, and sharing resources, records,
or related information obtained pursuant to this act;
2. Use, hire, contract, or employ analytical systems, methods,
or software to examine or investigate any person subject to this
act;
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3. Accept, from other state or federal government agencies or
officials, licensing, examination, or investigation reports made by
such agencies or officials; and
4. Accept audit reports made by an independent certified public
accountant or other qualified third-party auditor for an applicant
or licensee and incorporate the audit report in any report of
examination or investigation.
B. The Commissioner shall have the authority to recover the
cost of administering and enforcing this act by imposing and
collecting proportionate and equitable fees and costs associated
with applications, examinations, or investigations.
C. Unless otherwise provided in this subsection, all
information or reports obtained by the Commissioner from an
applicant, licensee, or authorized delegate, and all information
contained in or related to an examination, investigation, operating
report, or condition report prepared by, on behalf of, or for the
use of the Commissioner, or financial statements, balance sheets, or
authorized delegate information, shall be confidential and shall not
be subject to disclosure under the Oklahoma Open Records Act. The
Commissioner may disclose information to representatives of state or
federal agencies who promise in a record that they will maintain the
confidentiality of the information or, where the Commissioner finds
that the release is reasonably necessary for the protection and
interest of the public, shall maintain confidentiality in accordance
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with the Oklahoma Open Records Act. This subsection shall not be
construed to prohibit the Commissioner from disclosing to the public
a list of all licensees or the aggregate financial or transactional
data concerning those licensees.
D. The following information contained in the records of the
Insurance Department shall not be confidential and may be made
available to the public either on the Insurance Department’s
website, upon receipt by the Department of a written request, or in
NMLS:
1. The name, business address, telephone number, and unique
identifier of a licensee;
2. The business address of a licensee’s registered agent for
service;
3. The name, business address, and telephone number of all
authorized delegates;
4. The terms of or a copy of any bond filed by a licensee,
provided that confidential information including, but not limited
to, prices and fees for such bond is redacted;
5. Copies of any nonconfidential final order of the Department
relating to any violation of this act or regulations promulgated
pursuant to this act; and
6. Notice of the imposition of an administrative fine or
penalty under this act.
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E. The Commissioner may conduct investigations in Oklahoma or
outside this state and the United States as the Commissioner
considers necessary or appropriate to administer and enforce this
act. For purposes of such investigation, examination, or other
proceeding under this act, the Commissioner may:
1. Administer oaths or cause oaths to be administered;
2. Compel the attendance of witnesses;
3. Require the production of any document that the Commissioner
determines to be relevant to the inquiry;
4. Subpoena witnesses; and
5. Take evidence.
F. If a person refuses to obey a subpoena, the District Court
of Oklahoma County, on application by the Commissioner, may issue an
order requiring the person to appear before the Commissioner and
produce documents or give evidence regarding the matter under
investigation.
G. The Commissioner may employ a person or request the Attorney
General, or another state, federal, or local law enforcement agency,
to assist in enforcing the provisions of this act.
H. The Commissioner may recover the reasonable costs incurred
in connection with an investigation conducted under this act from
the person that is the subject of the investigation.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1535 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. The Insurance Commissioner may conduct an examination or
investigation of a licensee or authorized delegate or otherwise take
independent action authorized pursuant to this act. The
Commissioner may:
1. Conduct an examination either on-site or off-site;
2. Conduct an examination in conjunction with an examination
conducted by representatives of other state or federal agencies;
3. Accept the examination report of another state or federal
agency or independent accounting firm, which upon being accepted,
shall be considered for all purposes an official report of the
Commissioner; and
4. Summon and examine under oath a key individual or employee
of a licensee or authorized delegate and require such person to
produce records regarding any matter related to the condition and
business of the licensee or authorized delegate.
B. A licensee or authorized delegate shall provide to the
Commissioner all records reasonably required to conduct a complete
examination. Such records shall be provided to the location and in
the format established by the Commissioner. The Commissioner shall
be authorized to utilize multistate record production standards and
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examination procedures when such standards and procedures will
reasonably achieve the requirements of this section.
C. Unless otherwise directed by the Commissioner, a licensee
shall pay all costs reasonably incurred in connection with an
examination of the licensee or the licensee’s authorized delegate.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1536 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. The Insurance Commissioner shall be authorized to
participate in multistate supervisory processes established between
states and coordinated through the Conference of State Bank
Supervisors, Money Transmitter Regulators Association, or any
affiliates and successors for all licensees that hold licenses in
this state and other states. As a participant in multistate
supervision, the Commissioner may:
1. Cooperate, coordinate, and share information with other
state and federal regulators in accordance with subsections C and D
of Section 5 of this act;
2. Enter into written cooperation, coordination, or
information-sharing contracts or agreements with organizations the
membership of which is made up of state or federal governmental
agencies; and
3. Cooperate, coordinate, and share information with
organizations in which the membership is composed of state or
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federal agencies, provided that such organizations agree in writing
to maintain the confidentiality and security of shared information
in accordance with the provisions of subsections C and D of Section
5 of this act.
B. The Commissioner shall not waive his or her authority to
conduct an examination or investigation or otherwise take
independent action pursuant to the provisions of this act to enforce
compliance with applicable state or federal law. Nothing in this
section shall be construed to waive the Commissioner’s authority.
C. A joint examination or investigation, or acceptance of an
examination or investigation report, shall not waive an examination
assessment provided for in this act.
D. In the event of any inconsistencies between this act and a
federal law that governs pursuant to this section, the Commissioner
may provide interpretive guidance that identifies the inconsistency
and identifies the appropriate means of compliance with federal law.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1537 of Title 6, unless there is
created a duplication in numbering, reads as follows:
No person shall engage in the business of money transmission or
advertise, solicit, or hold himself or herself out as providing
money transmission unless such person is licensed pursuant to this
act. This section shall not apply to any person:
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1. That is an authorized delegate of a person licensed pursuant
to this act who is acting within the scope of authority conferred by
a written contract with the licensee; or
2. Exempt pursuant to subsection A of Section 4 of this act and
who does not engage in money transmission outside of the scope of
such exemption.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1538 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. The Insurance Commissioner shall be authorized to:
1. Implement the provisions of this act in a manner consistent
with other states that have adopted this act or multistate licensing
processes; and
2. Participate in nationwide protocols for licensing
cooperation and coordination among state regulators provided that
such protocols are consistent with this act.
B. The Commissioner shall be authorized to establish
relationships or contracts with the Nationwide Multistate Licensing
System (NMLS) or other entities designated by NMLS to:
1. Collect and maintain records;
2. Coordinate multistate licensing and supervision processes;
3. Process fees; and
4. Facilitate communication between states and licensees or
other persons subject to the provisions of this act.
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C. The Commissioner shall be authorized to utilize NMLS for
licensing in accordance with the provisions of this act including,
but not limited to, license applications, applications for
acquisitions of control, surety bonds, reporting, criminal history
background checks, credit checks, fee processing, and examinations.
D. The Commissioner shall be authorized to utilize NMLS forms,
processes, and functionalities in accordance with the provisions of
this act. In the event NMLS does not provide functionality, forms,
or processes for a provision of this act, the Commissioner may
implement such requirements in a manner that facilitates uniformity
in licensing, supervision, reporting, and regulation of licensees
which are licensed in multiple jurisdictions.
E. The Commissioner shall be authorized to waive or modify a
rule, policy, order, or any or all of the requirements and to
establish new requirements as reasonably necessary to participate in
the Nationwide Multistate Licensing System.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1539 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. Any license issued pursuant to this act shall not be
transferable or assignable. A nonrefundable application fee of Four
Thousand Dollars ($4,000.00) and a nonrefundable license fee of
Three Thousand Dollars ($3,000.00) shall accompany such application
for a license. The Insurance Commissioner shall establish a form
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for application for a license issued pursuant to this act. Such
form shall include, but not be limited to:
1. The legal name and residential business addresses of the
applicant and any fictitious or trade name used by the applicant in
conducting such business;
2. A list of any criminal convictions of the applicant and any
material litigation in which the applicant has been involved in the
ten-year period preceding the submission of such application;
3. A description of any money transmission previously provided
in this state;
4. A description of any money transmission the applicant seeks
to provide in this state;
5. A list of the applicant’s proposed authorized delegates and
the locations in this state where the applicant and his or her
authorized delegates propose to engage in money transmission;
6. A list of any other state in which the applicant is licensed
to engage in money transmission and any license revocations,
suspensions, or other disciplinary action taken against the
applicant in such state;
7. Information concerning any bankruptcy or receivership
proceedings affecting the applicant or person in control of the
applicant;
8. A sample form of contract for authorized delegates, as
applicable;
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9. A sample form of payment instrument or stored value, as
applicable;
10. The name and address of any federally insured depository
financial institution through which the applicant plans to conduct
money transmissions; and
11. Any other information the Commissioner determines as
necessary.
B. If an applicant is a corporation, limited liability company,
partnership, or other legal entity, the applicant shall provide, in
addition to the information set forth in subsection A of this
section:
1. The date of the applicant’s incorporation or formation and
state or county of incorporation or formation;
2. If applicable, a certificate of good standing from the state
or county in which the applicant is incorporated or formed;
3. A brief description of the structure or organization of the
applicant, including any parents or subsidiaries of the applicant,
and whether such parents or subsidiaries are publicly traded;
4. The legal name, any fictious or trade name, all business and
residential addresses, and the employment, if applicable, in the
ten-year period preceding the submission of the application of each
key individual and person in control of the applicant;
5. A list of any criminal convictions and material litigation
in which a person in control of the applicant that is not an
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individual has been involved in the ten-year period preceding the
submission of the application;
6. A copy of audited financial statements of the applicant for
the most recent fiscal year and for the two-year period preceding
the submission of the application or, if determined necessary by the
Commissioner, certified unaudited financial statements for the most
recent fiscal year or other period determined necessary by the
Commissioner;
7. A certified copy of unaudited financial statements of the
applicant for the most recent fiscal quarter;
8. If the applicant is a publicly traded corporation, a copy of
the most recent report filed with the United States Securities and
Exchange Commission pursuant to Section 13 of the federal Securities
Exchange Act of 1934, 15 U.S.C., Section 78m;
9. If the applicant is a wholly owned subsidiary of:
a. a copy of audited financial statements for the parent
corporation for the most recent fiscal year or a copy
of the parent corporation’s most recent report filed
pursuant to Section 13 of the federal Securities
Exchange Act of 1934, 15 U.S.C., Section 78m, for a
corporation publicly traded in the United States, or
b. a copy of similar documentation filed with the
regulator of the parent corporation’s domicile outside
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of the United States, for a corporation publicly
traded outside of the United States;
10. The name and address of the applicant’s registered agent in
this state; and
11. Any other information the Commissioner determines as
necessary.
C. The Commissioner may waive one or more requirements set
forth in this section or permit an applicant to submit alternative
information to such waived requirement.
D. Any individual in control of a licensee or applicant, any
individual that seeks to acquire control of a licensee or applicant,
and each key individual shall furnish to the Commissioner, in a form
established by the Commissioner, through the Nationwide Multistate
Licensing System (NMLS) the following information:
1. The individual’s fingerprints for submission to the Federal
Bureau of Investigation and the Commissioner for purposes of a
national criminal history background check unless the individual has
resided outside of the United States for the previous ten (10)
years;
2. Personal history and experience including:
a. an independent credit report from a consumer reporting
agency unless the individual does not have a Social
Security number, in which case this requirement shall
be waived,
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b. information related to any criminal convictions or
pending charges, and
c. information related to any regulatory or
administrative action and any civil litigation
involving claims of fraud, misrepresentation,
conversion, mismanagement of funds, breach of
fiduciary duty, or breach of contract; and
3. If such individual has resided outside of the United States
at any time in the last ten (10) years, the individual shall provide
an investigative background report prepared by an independent
research firm.
a. Such independent research firm shall:
(1) demonstrate it has sufficient knowledge and
resources and employs accepted and reasonable
methodologies to conduct the research of such
report, and
(2) not be affiliated with or have an interest in
such individual.
b. The report shall be written in the English language in
a form and medium as prescribed by the Commissioner
and shall contain:
(1) if available in the individual’s current
jurisdiction of residence, a comprehensive credit
report or any equivalent information obtained or
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generated by such independent research firm,
including a search of court data in the
countries, providences, states, cities, towns,
and contiguous areas where the individual resided
and worked,
(2) criminal records information for the past ten
(10) years including, but not limited to,
felonies, misdemeanors, or similar convictions
for violations of the law in countries,
providences, states, cities, towns, and
contiguous areas where the individual resided or
worked,
(3) employment history,
(4) media history, including an electronic search of
national and local publications, wire services,
and business applications, and
(5) financial service-related regulatory history
including, but not limited to, money
transmission, securities, banking, insurance, and
mortgage-related industries.
E. When an application for a license is determined by the
Commissioner to include all items and matters required by this act,
it shall be deemed complete. The Commissioner shall notify the
applicant of the date on which the application was determined to be
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complete and shall either approve or deny the application within one
hundred eighty (180) days after the completion date or extend the
review period.
F. The Commissioner shall, upon completion, ensure compliance
with the requirements set forth in this section and investigate the
financial condition and responsibility, financial and business
experiences, competence, character, and general fitness of the
applicant and key individuals and persons in control of the
applicant to determine that it is in the interest of the public to
permit the applicant to acquire a license. The Commissioner may
conduct an on-site investigation of the applicant and determine the
reasonable cost the applicant shall pay for such investigation.
G. If an applicant is subject to a multistate licensing
process:
1. The Commissioner may accept the investigation results of a
lead investigative state pursuant to this section; and
2. If this state is the lead investigative state, the
Commissioner may investigate the applicant pursuant to this section.
H. The Commissioner may deny a license application if the
applicant has not received approval to operate as a money
transmitter in the state in which such applicant’s main office is
located or based on the findings of another state.
I. The Commissioner shall issue a formal written notice of
denial of a license application within thirty (30) days of the
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decision to deny the application. The Commissioner shall set forth
in such notice the specific reasons for denial of the application.
If such applicant appeals such denial, the applicant shall file an
appeal with the Banking Board within fifteen (15) calendar days
after the date of the written notice of denial.
J. The term of a license shall begin on the day the application
is approved and shall expire on December 31 of the year in which the
term began, unless the term of a license began between November 1
and December 31, in which case the license shall expire on December
31 of the following year.
K. All licenses shall be renewed annually and shall have an
annual renewal fee of Three Thousand Dollars ($3,000.00) and shall
be paid no more than sixty (60) days before the expiration of the
license. A licensee shall submit a renewal report with the renewal
fee in a form established by the Commissioner. The renewal report
shall include a description of each material change in information
submitted by the licensee in its original license application that
has not been reported to the Commissioner. The Commissioner may
grant an extension for the renewal of a license. The Commissioner
may utilize Nationwide Multistate Licensing System (NMLS) to process
license renewals in accordance with the provisions of this section.
The Commissioner may suspend or revoke a license in accordance with
the provisions of this act.
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SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1540 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. Any persons acting in concert that are seeking to acquire
control of a licensee shall:
1. Obtain written approval by the Insurance Commissioner prior
to acquiring control. Any individual who is a key individual in the
ordinary course of business shall not be subject to the provisions
of this subsection;
2. Submit an application in a form established by the
Commissioner;
3. Submit a nonrefundable fee of Four Thousand Dollars
($4,000.00); and
4. Submit all information provided for in subsection D of
Section 10 of this act for all key individuals who have not
submitted such information.
B. The Commissioner may permit, upon request, submission of the
information provided for in this section without using Nationwide
Multistate Licensing System (NMLS).
C. When an application for a license is determined by the
Commissioner to include all items and matters required by this act,
it shall be deemed complete. The Commissioner shall notify the
applicant of the date on which the application was determined to be
complete and shall either approve or deny the application within
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ninety (90) days after the completion date or extend the review
period.
D. The Commissioner shall not approve an application for
acquisition of control if the applicant has not received such
approval in the state in which it is organized and the main office
is located. If such application has been approved in the state in
which the applicant is organized and located and the Commissioner
has not approved or denied the application for acquisition of
control in this state after the ninety-day period, the application
shall be deemed approved.
E. The Commissioner shall, upon completion, ensure compliance
with the requirements set forth in this section and investigate the
financial condition and responsibility, financial and business
experiences, competence, character, and general fitness of the
applicant and key individuals and persons in control of the
applicant to determine that it is in the interest of the public to
permit the applicant to acquire a license.
F. If an applicant is subject to a multistate licensing
process:
1. The Commissioner may accept the investigation results of a
lead investigative state; and
2. If this state is the lead investigative state, the
Commissioner may investigate the applicant.
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G. The Commissioner shall issue a formal written notice of
denial of a license application within thirty (30) days of the
decision to deny the application. The Commissioner shall set forth
in such notice the specific reasons for denial of the application.
If such applicant appeals such denial, the applicant shall file an
appeal with the Oklahoma State Banking Board within fifteen (15)
calendar days after the date of the written notice of denial. If
such notice is not disapproved within thirty (30) days after the
date on which the notice was determined to be complete, the notice
shall be deemed to be approved.
H. The requirements set forth in subsections A and B of this
section shall not apply to:
1. A person acting as a proxy for the sole purpose of voting at
a designated meeting of the shareholders, holders of voting shares
or voting interests of a licensee, or a person in control of a
licensee;
2. A person that acquired control of a licensee by devise or
descent;
3. A person that acquires control of a licensee as a personal
representative, custodian, guardian, conservator, trustee, or as an
officer appointed by a court of competent jurisdiction or by
operation of law;
4. A person who is exempt pursuant to the provisions of
paragraph 7 of subsection A of Section 4 of this act;
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5. A person who has been determined by the Commissioner to be
exempt based on public interest;
6. A public offering of securities of a licensee or a person in
control of a licensee; or
7. An internal reorganization of a person in control of the
licensee where the ultimate person in control of the licensee
remains the same.
I. Any persons pursuant to paragraphs 2, 3, 4, 6, and 7 of
subsection H of this section shall notify the Commissioner within
fifteen (15) days after the acquisition of control.
J. The provisions of subsections A and B of this section shall
not apply to a person that has complied with and received approval
to engage in money transmission under this act or was identified as
a person in control in a prior application approved by the
Commissioner or by an MSB-accredited state pursuant to a multistate
licensing process, provided that:
1. The person has not had or controlled a license that has been
revoked or suspended within the previous five (5) years;
2. The person is a licensee that has been determined to be well
managed and has received at least a satisfactory rating for
compliance at the most recent examination by an MSB-accredited state
if such rating was given;
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3. The licensee to be acquired is projected to meet the
requirements of Sections 15 and 16 of this act after the acquisition
of control is completed;
4. If the person acquiring such licensee is a licensee and such
licensee meets the requirements of Sections 16 and 17 of this act
after the acquisition of control is completed;
5. The licensee to be acquired will not implement any material
changes to the licensee’s business plan as a result of the
acquisition of control;
6. If the person acquiring control is a licensee, such licensee
will not implement any material changes to such licensee’s business
plan as a result of the acquisition of control; and
7. The person provides notice of the acquisition in cooperation
with the licensee and provides attestation of compliance with this
section in a form established by the Commissioner.
K. Before filing an application for approval to acquire control
of a licensee, a person may request in writing a determination from
the Commissioner as to whether such person would be considered a
person in control of a licensee pursuant to this section. If the
Commissioner determines such person is not considered a person in
control of a licensee, such person shall not be subject to the
provisions of this section.
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SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1541 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. A licensee adding or replacing any key individual shall:
1. Provide notice in a manner determined by the Insurance
Commissioner within fifteen (15) days after the effective date of
the key individual’s appointment; and
2. Provide the information set forth in subsection D of Section
10 of this act within forty-five (45) days of the effective date of
the key individual’s appointment.
B. Within ninety (90) days of such notice, provided pursuant to
subsection A of this section, has been determined to be complete,
the Commissioner may issue a notice of disapproval of a key
individual if the competence, experience, character, or integrity of
the individual result in a determination that is not in the best
interests of the public or the customers of the licensee to permit
the individual to be a key individual of such licensee. Such notice
of disapproval shall contain a statement of the basis for
disapproval and shall be sent to the licensee and the disapproved
individual. If a licensee chooses to appeal such notice, the
licensee shall file an appeal with the Banking Board within fifteen
(15) calendar days after the date of the written notice. If such
notice is not disapproved or the review period has not been extended
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within one hundred twenty (120) days after such notice was deemed
complete, the application shall be deemed approved.
C. If the key individual is subject to a multistate licensing
process:
1. The Commissioner may accept the investigation results of a
lead investigative state pursuant this section; and
2. If this state is the lead investigative state, the
Commissioner may investigate the applicant.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1542 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. Each licensee shall submit a report of condition within
forty-five (45) days of the end of the calendar quarter. Such
report shall include:
1. Financial information at the licensee level;
2. Nationwide and state-specific money transmission transaction
information in every jurisdiction in the United States where the
licensee is licensed to engage in money transmission;
3. Permissible investment reports; and
4. Any other information determined by the Insurance
Commissioner.
B. Transaction destination country reporting for money received
for transmission, if applicable, shall be submitted in such report
filed at the end of the fourth calendar quarter.
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C. 1. Each licensee shall within ninety (90) days of the end
of each fiscal year file with the Commissioner:
a. an audited financial statement of the licensee for the
fiscal year prepared in accordance with United States
generally accepted accounting principles, and
b. any additional information requested by the
Commissioner.
2. The audited financial statements shall be prepared by an
independent certified public accountant or an independent public
accountant who has been approved by the Commissioner. The audited
financial statements shall include or be accompanied by a
certificate of opinion of such accountant, as determined
satisfactory by the Commissioner. If the certificate is qualified,
the Commissioner may order a licensee to take any action the
Commissioner determines necessary to enable such accountant to
remove the qualification.
D. Each licensee shall submit a report of authorized delegates
within forty-five (45) days of the end of the calendar quarter. The
report shall include each authorized delegate’s:
1. Company legal name;
2. Taxpayer employer identification number;
3. Principal provider identifier;
4. Physical address;
5. Mailing address;
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6. Business conducted in other states;
7. Fictitious or trade name;
8. Contact person name, phone number, and email;
9. Start date acting as the licensee’s authorized delegate;
10. End date acting as the licensee’s authorized delegate, if
applicable;
11. Court orders; and
12. Any other information as determined by the Commissioner.
E. A licensee shall file a report with the Commissioner within
one (1) business day after any of the following:
1. The filing of a petition by or against the licensee under 11
U.S.C., Sections 101 through 110, for bankruptcy or reorganization;
2. The filing of a petition by or against the licensee for
receivership, the commencement of any other judicial or
administrative proceeding for the licensee’s dissolution or
reorganization, or the making of a general assignment for the
benefit of its creditors; or
3. The commencement of a proceeding to revoke or suspend its
licensee in a state or country in which the licensee engages in
business or is licensed.
F. A licensee shall file a report with the Commissioner within
three (3) business days after there is a known occurrence of a
felony charge or conviction of:
1. The licensee or a key individual;
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2. A person in control of the licensee; or
3. An authorized delegate.
G. A licensee or an authorized delegate shall file all reports
required by federal currency reporting, recordkeeping, and
suspicious activity reporting requirements set forth in the Currency
and Foreign Transactions Reporting Act and any other federal and
state laws pertaining to money laundering.
H. A licensee shall maintain records for determination of
compliance with this act for a minimum of five (5) years. Such
records may be maintained in any form and may be maintained outside
of this state if they are made available to the Commissioner within
seven (7) business days of notice. All such records shall be open
to inspection by the Commissioner pursuant to Section 5 of this act.
Such records shall be as follows:
1. A record of each outstanding money transmission obligation
sold;
2. A general ledger posted at least monthly containing all
asset, liability, capital, income, and expense accounts;
3. Bank statements and bank reconciliation records;
4. Records of outstanding money transmission obligations;
5. Records of all outstanding money transmission obligations
paid within the five-year period;
6. A list of the last-known names and addresses of all of the
licensee’s authorized delegates; and
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7. Any other records as determined by the Commissioner.
I. The Commissioner may utilize the Nationwide Multistate
Licensing System (NMLS) for the submission of reports required
pursuant to this section and may extend the time period in which a
licensee shall provide such reports.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1543 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. Before a licensee shall be authorized to conduct business
through an authorized delegate or allows a person to act as such
licensee’s authorized delegate, the licensee shall:
1. Adopt and update as necessary, written policies and
procedures reasonably designed to ensure that the licensee’s
authorized delegate complies with all applicable state and federal
laws;
2. Enter into a written contract that complies with the
provisions of subsection B of this section; and
3. Conduct a reasonable risk-based background investigation
sufficient for the licensee to determine whether the authorized
delegate has complied with all applicable state and federal laws.
B. The written contract required pursuant to paragraph 2 of
subsection A of this section shall:
1. Be signed by the licensee and the authorized delegate;
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2. Appoint the person signing the contract as the licensee’s
authorized delegate with the authority to conduct money transmission
on behalf of the licensee;
3. Require the authorized delegate to agree to fully comply
with all applicable state and federal laws, rules, and regulations
pertaining to money transmission;
4. Require the authorized delegate to remit and handle money
and monetary value in accordance with the terms of the contract
between the licensee and the authorized delegate;
5. Impose a trust on money and monetary value net of fees
received for money transmission for the benefit of the licensee;
6. Require the authorized delegate to prepare and maintain
records as required by the provisions of this act or required by the
Insurance Commissioner;
7. Acknowledge that the authorized delegate consents to
examination or investigation by the Commissioner;
8. State that the licensee is subject to regulation by the
Commissioner and that the Commissioner may suspend or revoke an
authorized delegate designation or require the licensee to terminate
an authorized delegate designation; and
9. Acknowledge receipt of the written policies and procedures
provided pursuant to paragraph 1 of subsection A of this section.
C. If the licensee’s license is suspended, revoked,
surrendered, or expired, the licensee shall provide documentation to
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the Commissioner within five (5) business days that the licensee has
notified all applicable authorized delegates of the licensee whose
names are in a record filed with the Commissioner. All authorized
delegates shall immediately cease to provide money transmission as
an authorized delegate of the licensee upon such notification.
D. If an authorized delegate commingles any funds received from
money transmission with any other funds or property owned or
controlled by the authorized delegate, all such funds shall be
considered held in trust in favor of the licensee in an amount equal
to the amount of money net of fees received from money transmission.
E. An authorized delegate shall not use a subdelegate to
conduct money transmission on behalf of a licensee.
F. No person shall engage in the business of money transmission
on behalf of a person not licensed under this act or not exempt
pursuant to subsection A of Section 4 of this act. Such person
shall be jointly and severally liable with the unlicensed or
nonexempt person.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1544 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. All licensees shall forward all money received for
transmission in accordance with the terms of the agreement between
the licensee and the sender unless such licensee has reasonable
belief that such sender may be a victim of fraud or that a crime or
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violation is occurring. If a licensee fails to forward money
received for transmission in accordance with this subsection, the
licensee shall respond to inquiries by the sender with the reason
for failure, unless providing such response would constitute a
violation of state or federal law.
B. The provisions of this subsection shall not apply to money
received for transmission subject to 12 C.F.R., Part 1005, Subpart
B, or pursuant to a written agreement between the licensee and payee
to process payments for goods or services provided by the payee.
All licensees shall refund to the sender within ten (10) days of
receipt of the sender’s written request for a refund any and all
money received for transmission unless any of the following occurs:
1. The money has been forwarded within ten (10) days of when
such money was received for transmission;
2. Instructions have been given committing an equivalent amount
of money to the person designated by the sender within ten (10) days
of the date on which such money was received for transmission;
3. The agreement between the licensee and the sender instructs
the licensee to forward the money at a time more than ten (10) days
after the date on which such money was received for transmission.
If such money has not yet been forwarded in accordance with the
terms of the agreement between the licensee and the sender, the
licensee shall issue a refund in accordance with the provisions of
this act;
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4. The refund is requested for a transaction that the licensee
has not completed based on a reasonable belief that a crime or
violation of law, rule, or regulation has occurred; or
5. The refund request does not enable the licensee to identify
the sender’s name, address, or telephone number or the particular
transaction to be refunded in the event the sender has multiple
transactions outstanding.
C. 1. The provisions of this subsection shall not apply to:
a. money received for transmission subject to 12 C.F.R.,
Part 1005, Subpart B,
b. money received for transmission that is not primarily
for personal, family, or household purposes,
c. money received for transmission pursuant to a written
agreement between the licensee and payee to process
payments for goods or services provided by the payee,
or
d. payroll processing services.
2. Every licensee or such licensee’s authorized delegate shall
provide the sender a receipt for money received for transmission.
For a transaction conducted in person, the receipt may be provided
electronically if the sender requests or agrees to receive an
electronic receipt. For a transaction conducted electronically or
by phone, a receipt may be provided electronically. All electronic
receipts shall be provided in a retainable form. Such receipt shall
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be in English and in the language principally used by the licensee
or authorized delegate to advertise, solicit, or negotiate for a
transaction conducted, if other than English. Such receipt shall
contain:
a. the name of the sender,
b. the name of the designated recipient,
c. the date of the transaction,
d. the unique transaction or identification number,
e. the name of the licensee, Nationwide Multistate
Licensing System (NMLS) Unique Identifier, the
licensee’s business address, and the licensee’s
customer service telephone number,
f. the amount of the transaction in United States
dollars,
g. any fee charged by the licensee to the sender for the
transaction, and
h. any taxes collected by the licensee from the sender
for the transaction.
D. A licensee that provides payroll processing services shall
issue reports to clients detailing client payroll obligations in
advance of the payroll funds being deducted from an account and make
available worker paystubs or an equivalent statement to workers.
This section shall not apply to a licensee providing payroll
processing services where the licensee’s client designates the
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intended recipients to the licensee and is responsible for providing
the disclosures required by this section.
E. Nothing in this section shall be construed to alter the
disclosures required by Section 1520.1 of Title 6 of the Oklahoma
Statutes.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1545 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. A licensee established pursuant to this act shall maintain a
tangible net worth as established by this subsection. Such tangible
net worth shall be demonstrated by the licensee at initial
application by the application’s most recent audited or unaudited
financial statements pursuant to paragraphs 6 and 7 of subsection B
of Section 10 of this act. The Insurance Commissioner shall have
the authority to exempt any applicant from the provisions of this
subsection. Such tangible net worth shall be the greater of:
1. One Hundred Thousand Dollars ($100,000.00);
2. Three percent (3%) of total assets for One Hundred Million
Dollars ($100,000,000.00);
3. Two percent (2%) of additional assets for One Hundred
Million Dollars ($100,000,000.00) to One Billion Dollars
($1,000,000,000.00); or
4. Five percent (5%) of additional assets for over One Billion
Dollars ($1,000,000,000.00).
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B. An applicant for a money transmission license shall provide
and maintain security consisting of a surety bond in a form
established by the Commissioner or, with approval by the
Commissioner, a deposit of such amount. A licensee may exceed the
maximum required bond amount established pursuant to paragraph 5 of
subsection A of Section 18 of this act. The Commissioner may
increase the amount of security required to a maximum of One Million
Dollars ($1,000,000.00) based on the financial condition of a
licensee including, but not limited to, net worth or financial
losses. Such security shall be:
1. If an applicant or licensee operates digital asset kiosks or
provides services related to digital assets, less than Five Hundred
Thousand Dollars ($500,000.00); or
2. If an applicant or licensee does not operate digital asset
kiosks or provide services related to digital assets, the greater
of:
a. Two Hundred Thousand Dollars ($200,000.00),
b. one hundred percent (100%) of the licensee’s average
daily money transmission liability in this state,
calculated for the most recently completed three-month
period, up to a maximum of Five Hundred Thousand
Dollars ($500,000.00), or
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c. Two Hundred Thousand Dollars ($200,000.00) if the
licensee’s tangible net worth exceeds ten percent
(10%) of total assets.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1546 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. A licensee shall maintain permissible investments that have
a market value computed in accordance with United States generally
accepted accounting principles of not less than the aggregate amount
of all its outstanding money transmission obligations.
B. Except for permissible investments set forth in Section 18
of this act, the Insurance Commissioner may limit the extent to
which a specific investment maintained by a licensee within a class
of permissible investments may be considered a permissible
investment, if the specific investment represents undue risk to
customers not reflected in the market value of investments.
C. Permissible investments shall be subject to attachment, levy
of execution, or sequestration by order of any court except for a
beneficiary of such trust, even if commingled with other assets of
the licensee, held in trust for the benefit of the purchasers and
holders of the licensee’s outstanding money transmission obligations
in the event of insolvency, the filing of a petition by or against
the licensee under 11 U.S.C., Sections 101 through 110, for
bankruptcy or reorganization, the filing of a petition by or against
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the licensee for receivership, the commencement of any other
judicial or administrative proceedings for its dissolution or
reorganization, or in the event of an action by a creditor against
the licensee who is not a beneficiary of such statutory trust.
D. The Commissioner shall notify the applicable regulator of
each state in which the licensee is licensed to engage in money
transmission upon the establishment of a statutory trust, or when
any funds are drawn on a letter of credit pursuant to paragraph 7 of
subsection A of Section 18 of this act. Such notice may be
performed pursuant to a multistate agreement or though the
Nationwide Multistate Licensing System (NMLS). Funds drawn on a
letter of credit, and any other permissible investments held in
trust for the benefit of the purchasers and holders of the
licensee’s outstanding money transmission obligations, shall be
deemed held in trust for the benefit of such purchasers and holders
on a pro rata and equitable basis in accordance with state or
federal law. Any statutory trust shall be terminated upon
extinguishment of all the licensee’s outstanding money transmission
obligations.
E. The Commissioner may allow other types of investments
determined to be of sufficient liquidity and quality to be
considered a permissible investment pursuant to this section. The
Commissioner shall be authorized to work with other state regulators
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to determine such investments are of sufficient liquidity and
quality.
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1547 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. The following investments shall be permissible pursuant to
Section 17 of this act:
1. Cash including demand deposits, savings deposits, and funds
in such accounts held for the benefit of the licensee’s customers in
a federally insured depository financial institution;
2. Cash equivalents including Automated Clearing House (ACH)
items in transit to the licensee and ACH items or international
wires in transit to a payee, cash in transit via armored car, smart
safes, licensee-owned locations, debit card or credit card funded
transmission receivables owed by any bank or money market mutual
funds rated AAA by S&P Global, or the equivalent from any eligible
rating service;
3. Certificates of deposit or senior debt obligations of an
insured depository institution or insured credit union as defined by
12 U.S.C., Section 1813 or 12 U.S.C., Section 1752;
4. An obligation:
a. of the United States or a commission, agency, or
instrumentality,
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b. that is guaranteed fully as to principal and interest
by the United States, or
c. of a state or a governmental subdivision, agency, or
instrumentality;
5. One hundred percent (100%) of the surety bond or deposit
pursuant to subsection B of Section 16 of this act which shall
exceed the average daily money transmission liability in this state;
6. Stablecoin, to the extent of outstanding transmission
obligations received by the licensee in the same kind of stablecoin.
Such stablecoin shall be held, stored, or kept in custody of the
licensee or by a third-party custodian that meets the qualifications
established by the Insurance Commissioner; and
7. The fully drawable amount of an irrevocable standby letter
of credit for which the stated beneficiary is the Commissioner, that
stipulates that the beneficiary need only draw a sight draft under
the letter of credit and present it to obtain funds up to the letter
of credit amount within seven (7) days of presentation of the items
required pursuant this paragraph.
a. Such letter of credit shall:
(1) be issued by a federally insured depository
financial institution, a foreign bank that is
authorized under federal law to maintain a
federal agency or federal branch office in a
state or states, or a foreign bank that is
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authorized under state law to maintain a branch
in a state that bears an eligible rating or whose
parent company bears an eligible rating and is
regulated, supervised, and examined by United
States federal or state authorities having
regulatory authority over banks, credit unions,
and trust companies,
(2) be irrevocable and unconditional, and indicate
that it is not subject to any condition or
qualification outside of the letter of credit,
(3) not contain reference to any other agreements,
documents, or entities, or otherwise provide for
any security interest in the licensee,
(4) contain an issue date and expiration date and
expressly provide for automatic extension without
a written amendment for an additional period of
one (1) year from the present or each future
expiration date, unless the issuer of the letter
of credit notifies the Commissioner in writing at
least sixty (60) days prior to any expiration
date that the irrevocable letter of credit will
not be extended, and
(5) provide that the issuer of the letter of credit
will honor, at sight, a presentation made by the
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beneficiary to the issuer of the following
documents on or prior to the expiration date of
the letter of credit. The original letter of
credit, including any amendments, shall include a
written statement from the beneficiary stating
that any of the following events have occurred:
(a) the filing of a petition by or against the
licensee under 11 U.S.C., Sections 101
through 110, for bankruptcy or
reorganization,
(b) the filing of a petition by or against the
licensee for receivership, or the
commencement of any other judicial or
administrative proceeding for its
dissolution or reorganization,
(c) the seizure of assets of a licensee by the
Commissioner pursuant to an emergency order
issued in accordance with applicable law, on
the basis of an action, violation, or
condition that has caused or is likely to
cause the insolvency of the licensee, or
(d) the beneficiary has received notice of
expiration or non-extension of a letter of
credit and the licensee failed to
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demonstrate to the satisfaction of the
beneficiary that the licensee will maintain
permissible investments in accordance with
subsection A of Section 17 of this act upon
the expiration or non-extension of the
letter of credit.
b. In the event of any notice of expiration or non-
extension of a letter of credit issued pursuant to
division (4) of subparagraph a of this paragraph, the
licensee shall be required to demonstrate to the
Commissioner fifteen (15) days prior to expiration,
that the licensee maintains and will maintain
permissible investments in accordance with the
provisions of subsection A of Section 17 of this act
upon such expiration. If the licensee is not able to
provide such demonstration, the Commissioner may draw
on the letter of credit in an amount up to the amount
necessary to meet the licensee’s requirements to
maintain such permissible investments. Any such draw
shall be offset against the licensee’s outstanding
money transmission obligations. Such drawn funds
shall be held in trust by the Commissioner or the
Commissioner’s designated agent, to the extent
authorized by law, as agent or the benefit of the
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purchasers and holders of the licensee’s outstanding
money transmission obligations.
c. The Commissioner may designate an agent to serve on
the Commissioner’s behalf as beneficiary to a letter
of credit so long as the agent and letter of credit
meet requirements established by the Commissioner.
Such agent may serve as an agent for multiple
licensing authorities for a single irrevocable letter
of credit if the proceeds of the drawable amount
pursuant to subparagraph a of this paragraph are
assigned to the Commissioner.
d. In the event of any notice of expiration or non-
extension of a letter of credit issued pursuant to
division (4) of subparagraph a of this paragraph, the
licensee shall be required to demonstrate fifteen (15)
days prior to expiration of such letter of credit,
that the licensee maintains and will maintain
permissible investments pursuant to subsection A of
Section 17 of this act upon such expiration or non-
extension. If the licensee fails to demonstrate such
maintenance, the Commissioner may draw on the letter
of credit in an amount determined by the Commissioner
to meet the licensee’s requirements to maintain
permissible investments. Such draw shall be offset
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against the licensee’s outstanding money transmission
obligations. Such draw funds shall be held in trust
by the Commissioner or the Commissioner’s designated
agent, to the extent authorized by law, as agent for
the benefit of the purchasers and holders of the
licensee’s outstanding money transmission obligations.
e. The Commissioner may participate in multistate
processes designed to facilitate the issuance and
administration of letters of credit including, but not
limited to, services provided by Nationwide Multistate
Licensing System (NMLS) and the State Regulatory
Registry, LLC.
B. Unless otherwise permitted by the Commissioner, the
following investments shall be permissible to the limits specified:
1. Receivables that are payable to the licensee from such
licensee’s authorized delegates in the ordinary course of business
that are less than seven (7) days old, not to exceed fifty percent
(50%) of the aggregate value of the licensee’s total permissible
investments;
2. Receivables, pursuant to paragraph 2 of subsection A of this
section, payable to a licensee from a single authorized delegate in
the ordinary course of business, not to exceed ten percent (10%) of
the aggregate value of the licensee’s total permissible investment;
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3. The following investments, not to exceed twenty percent
(20%) each:
a. a short-term investment, up to six (6) months, bearing
an eligible rating,
b. commercial paper bearing an eligible rating,
c. a bill, note, bond, or debenture bearing an eligible
rating,
d. United States tri-party repurchase agreements
collateralized at one hundred percent (100%) or more
with United States government or agency securities,
municipal bonds, or other securities bearing an
eligible rating,
e. money market mutual funds rated less than an AAA
rating and equal to or higher than an A- rating by S&P
Global, or the equivalent from any other eligible
rating service, or
f. a mutual fund or other investment fund composed solely
of one or more permissible investments pursuant to
subsection A of this section; and
4. Cash, including demand deposits, savings deposits, and funds
in such accounts held for the benefit of the licensee’s customers,
at foreign depository institutions, not to exceed ten percent (10%)
of the aggregate value of the licensee’s total permissible
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investments if the licensee has received a satisfactory rating in
its most recent examination and such foreign depository institution:
a. has an eligible rating,
b. is registered under pursuant to 26 U.S.C., Sections
1471 through 1474,
c. is not located in any country subject to sanctions
from the Office of Foreign Asset Control, and
d. is not located in a high-risk or noncooperative
jurisdiction as designated by the Financial Action
Task Force.
SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1548 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. The Insurance Commissioner may suspend or revoke a license
or order a licensee to revoke the designation of an authorized
delegate if:
1. The licensee violates any provisions of this act;
2. The licensee does not cooperate with an examination or
investigation by the Commissioner;
3. The licensee engages in fraud, intentional
misrepresentation, or gross negligence;
4. An authorized delegate is convicted of a violation of state
or federal anti-money laundering law, or violated a rule adopted or
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an order issued pursuant to this act, as a result of the licensee’s
willful misconduct or blindness;
5. The competence, experience, character, or general fitness of
the licensee, authorized delegate, person in control of a licensee,
key individual, or responsible person of the authorized delegate
indicates that it is not in the public interest to permit the person
to provide money transmission;
6. The licensee engages in an unsafe or unsound practice;
7. The licensee is insolvent, suspends payment of the
licensee’s obligations, or makes a general assignment for the
benefit of the licensee’s creditors;
8. The licensee does not remove an authorized delegate after
the Commissioner issues and serves upon the licensee a final order
including a finding that the authorized delegate has violated this
act; or
9. The licensee’s license has been suspended or revoked in
another state.
B. The Commissioner may suspend or revoke the designation of an
authorized delegate if:
1. The authorized delegate violates the provisions of this act;
2. The authorized delegate did not cooperate with an
examination or investigation by the Commissioner;
3. The authorized delegate engaged in fraud, intentional
misrepresentation, or gross negligence;
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4. The authorized delegate is convicted of a violation of state
or federal anti-money laundering law;
5. The competence, experience, character, or general fitness of
the authorized delegate or a person in control of the authorized
delegate indicates that it is not in the public interest to permit
the authorized delegate to provide money transmission; or
6. The authorized delegate is engaging in an unsafe or unsound
practice.
C. An authorized delegate may apply for relief from a
suspension or revocation of designation as an authorized delegate
through procedures established by the Commissioner.
D. The Commissioner may consider the size and condition of the
licensee’s money transmission, the magnitude of the loss, the
gravity of the violation, and the licensee’s previous conduct when
determining whether a licensee or authorized delegate is engaging in
unsafe or unsound practices.
E. If the Commissioner determines that a violation of the
provisions of this act is likely to cause immediate or irreparable
harm to the licensee, the licensee’s customers, or the public, or
cause insolvency or significant dissipation of assets of the
licensee, the Commissioner may issue a cease and desist order. The
Commissioner may issue a cease and desist order against a licensee
for providing money transmission through an authorized delegate that
is the subject of a separate order by the Commissioner. Such cease
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and desist order shall be effective upon service upon the licensee
or authorized delegate, shall remain effective and enforceable
pending the completion of administrative proceedings, and shall
become permanent unless the licensee or authorized delegate files an
appeal with the Banking Board within fifteen (15) calendar days
after the date of the order.
F. The Commissioner may enter into a consent order at any time
with a person to resolve a matter that has arisen due to the
provisions of this act. Such consent order shall be signed by the
person to whom it is issued or by the person’s authorized
representative and shall indicate agreement with the terms contained
in the order. A consent order may provide that such order does not
constitute an admission by a person that the provisions of this act
have been violated. A consent order shall be a final order and may
not be appealed.
G. A person that intentionally makes a false statement,
misrepresentation, or false certification in a record filed or
required to be maintained pursuant to this act, that intentionally
makes a false entry or omits a material entry in such a record, or
engages in an activity for which a license is required pursuant to
this act without having been licensed shall be guilty of a Class D1
felony.
H. The Commissioner may assess a fine against a person that
violates the provisions of this act in an amount not to exceed Five
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Thousand Dollars ($5,000.00) per violation for each day a violation
is outstanding, plus the Insurance Department’s and this state’s
costs and expenses for the investigation and prosecution of the
matter, including reasonable attorney fees.
I. The Commissioner may issue a cease and desist order if he or
she has reason to believe that a person has violated the provisions
of Section 8 of this act. Such cease and desist order shall become
effective upon service upon such person, shall remain effective and
enforceable pending the completion of administrative proceedings,
and shall become permanent unless the licensee or authorized
delegate files an appeal with the Board within fifteen (15) calendar
days after the date of such order. The Commissioner may petition
the District Court of Oklahoma County for the issuance of a
temporary restraining order ex parte in an emergency.
J. The Commissioner shall be authorized to establish rules
necessary for the provisions of this act.
SECTION 20. AMENDATORY Section 14, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2025, Section 20N), is amended to read as
follows:
Section 20N. A. Upon the effective date of this act On or
after January 1, 2026, Class D1 shall include the following criminal
offenses:
1. Public warehouse and/or or commodity stock fraud, as
provided for in Section 9-34 of Title 2 of the Oklahoma Statutes;
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2. False issuance of warehouse receipt, as provided for in
Section 9-35 of Title 2 of the Oklahoma Statutes;
3. Misrepresentation of charter, as provided for in Section 9-
36 of Title 2 of the Oklahoma Statutes;
4. Tampering with anhydrous equipment, as provided for in
subsection A of Section 11-10 of Title 2 of the Oklahoma Statutes;
5. Willfully burn forest, grass, crops, or woodlands, as
provided for in Section 16-25 of Title 2 of the Oklahoma Statutes;
6. Willful and unlawful burning of forest, grass, croplands,
rangeland, or other wild lands by owner, as provided for in Section
16-28.1 of Title 2 of the Oklahoma Statutes;
7. Possession of incendiary device with the intent to burn, as
provided for in Section 16-34 of Title 2 of the Oklahoma Statutes;
8. Operate aircraft not registered with the Federal Aviation
Administration Office of Aircraft Registry or foreign country, as
provided for in subsection A of Section 258 of Title 3 of the
Oklahoma Statutes;
9. Supply false information in regard to aircraft ownership, as
provided for in subsection B of Section 258 of Title 3 of the
Oklahoma Statutes;
10. Concealing identity of aircraft, as provided for in
subsection C of Section 258 of Title 3 of the Oklahoma Statutes;
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11. Destruction of registration or serial number on aircraft,
as provided for in subsection A of Section 259 of Title 3 of the
Oklahoma Statutes;
12. Destruction of registration or serial number on aircraft
with intent to conceal, as provided for in subsection B of Section
259 of Title 3 of the Oklahoma Statutes;
13. Sell, purchase, or possess aircraft with removed or
falsified identification number with intent to misrepresent the
identity of aircraft, as provided for in subsection D of Section 259
of Title 3 of the Oklahoma Statutes;
14. Operating aircraft under the influence of alcohol, second
or subsequent offense within ten (10) years, as provided for in
subsection A of Section 301 of Title 3 of the Oklahoma Statutes;
15. Operating aircraft under the influence of intoxicant,
second or subsequent offense with ten (10) years, as provided for in
subsection A of Section 301 of Title 3 of the Oklahoma Statutes;
16. Unauthorized use of aircraft, as provided for in subsection
A of Section 321 of Title 3 of the Oklahoma Statutes;
17. Charge fee for horse race without a license, as provided
for in Section 205 of Title 3A of the Oklahoma Statutes;
18. Pari-mutuel wagering without a license, as provided for in
subsection A of Section 208.4 of Title 3A of the Oklahoma Statutes;
19. Entering racehorse under false name, as provided for in
subsection A of Section 208.6 of Title 3A of the Oklahoma Statutes;
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20. Entering racehorse without name being registered, as
provided for in subsection B of Section 208.6 of Title 3A of the
Oklahoma Statutes;
21. Using racing stimulating devices, as provided for in
Section 208.7 of Title 3A of the Oklahoma Statutes;
22. Racetrack bribery or ticket falsification, as provided for
in Section 208.8 of Title 3A of the Oklahoma Statutes;
23. Unauthorized wagering on horse racing, as provided for in
Section 208.9 of Title 3A of the Oklahoma Statutes;
24. Falsification of information on racehorse, as provided for
in Section 208.10 of Title 3A of the Oklahoma Statutes;
25. Administer a drug or medication without authorization to
horse prior to racing, as provided for in subsection C of Section
208.11 of Title 3A of the Oklahoma Statutes;
26. Violation of horse racing drug provisions, as provided for
in subsection D of Section 208.11 of Title 3A of the Oklahoma
Statutes;
27. Forging and/or or counterfeiting state lottery ticket, as
provided for in subsection A of Section 727 of Title 3A of the
Oklahoma Statutes;
28. Influence lottery win by fraud, as provided for in
subsection B of Section 727 of Title 3A of the Oklahoma Statutes;
29. Own dog that attacks and kills a person, as provided for in
subsection B of Section 42.4 of Title 4 of the Oklahoma Statutes;
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30. Release dog on law enforcement officer, as provided for in
subsection C of Section 42.4 of Title 4 of the Oklahoma Statutes;
31. Pledging assets of bank as collateral, as provided in
Section 809 of Title 6 of the Oklahoma Statutes;
32. Unlawful compensation of bank officer, as provided for in
Section 1405 of Title 6 of the Oklahoma Statutes;
33. Receipt of deposits while insolvent, as provided for in
Section 1406 of Title 6 of the Oklahoma Statutes;
34. Unlawful service as bank officer or director, as provided
for in Section 1407 of Title 6 of the Oklahoma Statutes;
35. Serving as bank commissioner, administrative assistant, or
assistant banking commissioner with a felony conviction, as provided
for in Section 1408 of Title 6 of the Oklahoma Statutes;
36. Concealing bank transaction, as provided for in Section
1409 of Title 6 of the Oklahoma Statutes;
37. Improper maintenance of accounts or false or deceptive
entries and statements, as provided for in Section 1410 of Title 6
of the Oklahoma Statutes;
38. Payment of penalties and judgments against others, as
provided for in Section 1411 of Title 6 of the Oklahoma Statutes;
39. Embezzlement of bank funds, as provided for in Section 1412
of Title 6 of the Oklahoma Statutes;
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40. Circulation of statement or representation for the purpose
of injuring any bank institution, as provided for in Section 1413 of
Title 6 of the Oklahoma Statutes;
41. Authorizing, executing, or ratifying a criminal offense, as
provided for in subsection A of Section 1414 of Title 6 of the
Oklahoma Statutes;
42. Violation of any lawful order of the Board or Commissioner,
as provided for in subsection C of Section 1414 of Title 6 of the
Oklahoma Statutes;
43. Bank advertising with confusingly similar name, as provided
for in subsection A of Section 1417 of Title 6 of the Oklahoma
Statutes;
44. Using shortened confusingly similar name for advertising,
as provided for in subsection B of Section 1417 of Title 6 of the
Oklahoma Statutes;
45. Acquiring another bank but using former name, as provided
for in subsection C of Section 1417 of Title 6 of the Oklahoma
Statutes;
46. Non-banking business using confusingly similar name, as
provided for in subsection D of Section 1417 of Title 6 of the
Oklahoma Statutes;
47. Intentionally making false statement, misrepresentation,
false certification, or false entry or engages in money transmission
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without a license, as provided for in subsection G of Section 19 of
this act;
48. Registered sex offender providing services in a child care
facility, as provided for in subsection F of Section 404.1 of Title
10 of the Oklahoma Statutes;
48. 49. Failure to report child abuse, as provided for in
subsection C of Section 1-2-101 of Title 10A of the Oklahoma
Statutes;
49. 50. Interception of wire, oral, or electronic
communication, as provided for in paragraph 1 of Section 176.3 of
Title 13 of the Oklahoma Statutes;
50. 51. Using devices to intercept oral communication, as
provided for in paragraph 2 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
51. 52. Disclosing contents of wire, oral, or electronic
communication, as provided for in paragraph 3 of Section 176.3 of
Title 13 of the Oklahoma Statutes;
52. 53. Using contents of wire, oral, or electronic
communication, as provided for in paragraph 4 of Section 176.3 of
Title 13 of the Oklahoma Statutes;
53. 54. Removing, injuring, or obstructing telephone line, as
provided for in paragraph 5 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
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54. 55. Carrying devices for interception of wire, oral, or
electronic communication, as provided for in paragraph 6 of Section
176.3 of Title 13 of the Oklahoma Statutes;
55. 56. Making devices for interception of wire, oral, or
electronic communication, as provided for in paragraph 7 of Section
176.3 of Title 13 of the Oklahoma Statutes;
56. 57. Using communication facility in committing felonies, as
provided for in paragraph 8 of Section 176.3 of Title 13 of the
Oklahoma Statutes;
57. 58. Violation of the Oklahoma Consumer Protection Act, as
provided for in Section 753 of Title 15 of the Oklahoma Statutes;
58. 59. Violation of the Home Repair Fraud Act, as provided for
in Section 765.3 of Title 15 of the Oklahoma Statutes;
59. 60. Conduct closing-out sale without license, as provided
for in Section 767 of Title 15 of the Oklahoma Statutes;
60. 61. Violation of the Unlawful Electronic Mail Act, as
provided for in Section 776.1 of Title 15 of the Oklahoma Statutes;
61. 62. Violation of the Unlawful Electronic Mail Act for
commercial electronic mail, as provided for in Section 776.6 of
Title 15 of the Oklahoma Statutes;
62. 63. Conceal or destroy corporation records, as provided for
in Section 16 of Title 17 of the Oklahoma Statutes;
63. 64. Misapplication of funds, as provided for in Section 411
of Title 18 of the Oklahoma Statutes;
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64. 65. Solicit funds to secure old age assistance by deception
or fraud, as provided for in Section 553.1 of Title 18 of the
Oklahoma Statutes;
65. 66. Inspector, judge, or clerk refusing to extend or
enforce the right to sign and deliver the certificate of election
votes, as provided for in Section 90 of Title 19 of the Oklahoma
Statutes;
66. 67. Knowing and willful failure or refusal to perform
duties, as provided for in Section 91 of Title 19 of the Oklahoma
Statutes;
67. 68. County officer failing to make daily deposit, as
provided for in Section 682 of Title 19 of the Oklahoma Statutes;
68. 69. Use of false or illegal voucher by county official, as
provided for in Section 686 of Title 19 of the Oklahoma Statutes;
69. 70. Gift to influence legislator, as provided for in
Section 318 of Title 21 of the Oklahoma Statutes this title;
70. 71. Legislator receiving payoff for employment of other, as
provided for in Section 321 of Title 21 of the Oklahoma Statutes
this title;
71. 72. Lobbying legislature on contingency fee basis, as
provided for in Section 334 of Title 21 of the Oklahoma Statutes
this title;
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72. 73. Furnishing public supplies for profit, as provided for
in subsection A of Section 355 of Title 21 of the Oklahoma Statutes
this title;
73. 74. Purchase public supplies from business that employs
family member or spouse with more than five percent (5%) interest,
as provided for in subsection C of Section 355 of Title 21 of the
Oklahoma Statutes this title;
74. 75. Make false claim against the state, as provided for in
subsection A of Section 358 of Title 21 of the Oklahoma Statutes
this title;
75. 76. Bribing an officer, as provided for in Section 381 of
Title 21 of the Oklahoma Statutes this title;
76. 77. Bribing participant or official in athletic contest, as
provided for in Section 399 of Title 21 of the Oklahoma Statutes
this title;
77. 78. Engaging in pattern of criminal offenses, as provided
for in Section 425 of Title 21 of the Oklahoma Statutes this title;
78. 79. Escape from county or city jail, as provided for in
subsection A of Section 443 of Title 21 of the Oklahoma Statutes
this title;
79. 80. Escape from the Department of Corrections or
alternative incarceration, as provided for in subsection B of
Section 443 of Title 21 of the Oklahoma Statutes this title;
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80. 81. Escape from juvenile detention facility, as provided
for in subsection E of Section 443 of Title 21 of the Oklahoma
Statutes this title;
81. 82. Unauthorized entry into penal institution or jail, as
provided for in Section 445 of Title 21 of the Oklahoma Statutes
this title;
82. 83. Preparing false evidence, as provided for in Section
453 of Title 21 of the Oklahoma Statutes this title;
83. 84. Bribing witness to falsely testify, as provided for in
Section 456 of Title 21 of the Oklahoma Statutes this title;
84. 85. Larceny or destruction of records by clerk or officer,
as provided for in Section 461 of Title 21 of the Oklahoma Statutes
this title;
85. 86. Larceny or destruction of records by person other than
officers, as provided for in Section 462 of Title 21 of the Oklahoma
Statutes this title;
86. 87. Offer forged or false instruments for the record, as
provided for in Section 463 of Title 21 of the Oklahoma Statutes
this title;
87. 88. Perjury, as provided for in Section 491 of Title 21 of
the Oklahoma Statutes this title;
88. 89. Contradictory statements as perjury, as provided for in
Section 496 of Title 21 of the Oklahoma Statutes this title;
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89. 90. Perjury by subornation, as provided for in Section 504
of Title 21 of the Oklahoma Statutes this title;
90. 91. Falsify public record, as provided for in Section 531
of Title 21 of the Oklahoma Statutes this title;
91. 92. Fortifying access point to place where felony is being
committed, as provided for in Section 540C of Title 21 of the
Oklahoma Statutes this title;
92. 93. Compounding a crime, as provided for in Section 543 of
Title 21 of the Oklahoma Statutes this title;
93. 94. Substitute a child to deceive a parent or guardian, as
provided for in Section 579 of Title 21 of the Oklahoma Statutes
this title;
94. 95. Record, listen to, or observe jury proceedings, as
provided for in Section 588 of Title 21 of the Oklahoma Statutes
this title;
95. 96. Abuse, sexual abuse, or exploitation of a vulnerable
adult, as provided for in subsection A of Section 843.3 of Title 21
of the Oklahoma Statutes this title;
96. 97. Neglect of a vulnerable adult, as provided for in
subsection B of Section 843.3 of Title 21 of the Oklahoma Statutes
this title;
97. 98. Procuring an abortion, as provided for in Section 861
of Title 21 of the Oklahoma Statutes this title;
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98. 99. Adultery, as provided for in Section 871 of Title 21 of
the Oklahoma Statutes this title;
99. 100. Bigamy, as provided for in Section 881 of Title 21 of
the Oklahoma Statutes this title;
100. 101. Knowingly marrying a bigamist, as provided for in
Section 884 of Title 21 of the Oklahoma Statutes this title;
101. 102. Confidence game by cards, as provided for in Section
954 of Title 21 of the Oklahoma Statutes this title;
102. 103. Dealing in gambling devices, as provided for in
Section 984 of Title 21 of the Oklahoma Statutes this title;
103. 104. Install communication of gambling information, as
provided for in Section 986 of Title 21 of the Oklahoma Statutes
this title;
104. 105. Dissemination of gambling information, as provided
for in Section 987 of Title 21 of the Oklahoma Statutes this title;
105. 106. Conspiracy to violate gambling laws, as provided for
in Section 988 of Title 21 of the Oklahoma Statutes this title;
106. 107. Engaging in prostitution while HIV-infected, as
provided for in subsection B of Section 1031 of Title 21 of the
Oklahoma Statutes this title;
107. 108. Engage in or operate prostitution within one thousand
(1,000) feet of a school or church, as provided for in subsection D
of Section 1031 of Title 21 of the Oklahoma Statutes this title;
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108. 109. Interactive computer service provider failing to
remove child pornography, third or subsequent offense, as provided
for in Section 1040.80 of Title 21 of the Oklahoma Statutes this
title;
109. 110. Gain or attempt to gain value from nonconsensual
dissemination of private sexual images, as provided for in
subsection G of Section 1040.13b of Title 21 of the Oklahoma
Statutes this title;
110. 111. Sex offender entering safety zone around school, as
provided for in Section 1125 of Title 21 of the Oklahoma Statutes
this title;
111. 112. Unlawful removal of dead body, as provided for in
Section 1161 of Title 21 of the Oklahoma Statutes this title;
112. 113. Purchasing or receiving dead body, as provided for in
Section 1162 of Title 21 of the Oklahoma Statutes this title;
113. 114. Using photographic, electronic, or video equipment in
clandestine manner, as provided for in subsection B of Section 1171
of Title 21 of the Oklahoma Statutes;
114. 115. Obscene, threatening, or harassing phone call, second
or subsequent offense, as provided for in Section 1172 of Title 21
of the Oklahoma Statutes this title;
115. 116. Spreading infectious diseases, as provided for in
Section 1192 of Title 21 of the Oklahoma Statutes this title;
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116. 117. Altering livestock appearance for exhibition, second
or subsequent offense, as provided for in Section 1229 of Title 21
of the Oklahoma Statutes this title;
117. 118. Unlawfully transport hazardous waste, as provided for
in Section 1230.3 of Title 21 of the Oklahoma Statutes this title;
118. 119. Unlawful waste management, as provided for in Section
1230.4 of Title 21 of the Oklahoma Statutes this title;
119. 120. False statements and acts concerning permits and
waste, as provided for in Section 1230.5 of Title 21 of the Oklahoma
Statutes this title;
120. 121. Unlawful disposal of hazardous waste, as provided for
in Section 1230.6 of Title 21 of the Oklahoma Statutes this title;
121. 122. Attempts to violate the Sabotage Prevention Act, as
provided for in Section 1265.4 of Title 21 of the Oklahoma Statutes
this title;
122. 123. Carry weapon with intent to injure another, as
provided for in Section 1278 of Title 21 of the Oklahoma Statutes
this title;
123. 124. Teaching, demonstrating, or training use of firearms
in furtherance of riot, as provided for in Section 1320.10 of Title
21 of the Oklahoma Statutes this title;
124. 125. Delivering fraudulent bill of lading, as provided for
in Section 1411 of Title 21 of the Oklahoma Statutes this title;
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125. 126. Maintaining fraudulent warehouse receipts, as
provided for in Section 1412 of Title 21 of the Oklahoma Statutes
this title;
126. 127. Issuing duplicate bills of lading or warehouse
receipts, as provided for in Section 1414 of Title 21 of the
Oklahoma Statutes this title;
127. 128. Selling goods without consent of holder of bill of
lading, as provided for in Section 1415 of Title 21 of the Oklahoma
Statutes this title;
128. 129. Unlawful delivery of goods, value from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in paragraph 3 of Section 1416 of
Title 21 of the Oklahoma Statutes this title;
129. 130. Burglary in the third degree, as provided for in
subsection B of Section 1435 of Title 21 of the Oklahoma Statutes
this title;
130. 131. Embezzlement of property, value from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in subsection A of Section 1451 of
Title 21 of the Oklahoma Statutes this title;
131. 132. Extortion, as provided for in Section 1481 of Title
21 of the Oklahoma Statutes this title;
132. 133. Extortion induced by threats, as provided for in
Section 1482 of Title 21 of the Oklahoma Statutes this title;
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133. 134. Obtain signatures by extortion, as provided for in
Section 1485 of Title 21 of the Oklahoma Statutes this title;
134. 135. Extortion by threatening letter, as provided for in
Section 1486 of Title 21 of the Oklahoma Statutes this title;
135. 136. Blackmail, as provided for in Section 1488 of Title
21 of the Oklahoma Statutes this title;
136. 137. Defrauding hotel, inn, or restaurant, value of One
Thousand Dollars ($1,000.00) or more, as provided for in Section
1503 of Title 21 of the Oklahoma Statutes this title;
137. 138. Renting motor vehicle with bogus check, value of One
Thousand Dollars ($1,000.00) or more, as provided for in Section
1521 of Title 21 of the Oklahoma Statutes this title;
138. 139. Receive money or property by impersonating another,
value from Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen
Thousand Dollars ($15,000.00), as provided for in paragraph 3 of
Section 1532 of Title 21 of the Oklahoma Statutes this title;
139. 140. False use of “State Police” with intent to
communicate policing authority, and another is injured, defrauded,
harassed, or vexed, as provided for in subsection G of Section 1533
of Title 21 of the Oklahoma Statutes this title;
140. 141. Identity theft, as provided for in Section 1533.1 of
Title 21 of the Oklahoma Statutes this title;
141. 142. Felony value – false pretense, bogus check, con game,
valued from Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen
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Thousand Dollars ($15,000.00), as provided for in subsection A of
Section 1541.2 of Title 21 of the Oklahoma Statutes this title;
142. 143. Two or more false or bogus checks, valued from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1541.3 of Title 21 of the Oklahoma Statutes this title;
143. 144. Obtaining money or property with false negotiable
paper, as provided for in Section 1544 of Title 21 of the Oklahoma
Statutes this title;
144. 145. Signs credit or debit card with intent to defraud, as
provided for in subsection (a) A of Section 1550.28 of Title 21 of
the Oklahoma Statutes this title;
145. 146. Possess credit or debit card of another with intent
to defraud, as provided for in subsection (b) B of Section 1550.28
of Title 21 of the Oklahoma Statutes this title;
146. 147. Possessing incomplete credit cards with intent to
complete, as provided for in Section 1550.31 of Title 21 of the
Oklahoma Statutes this title;
147. 148. Possess firearm with altered ID during commission of
a felony, as provided for in subsection A of Section 1550 of Title
21 of the Oklahoma Statutes this title;
148. 149. Make, sell, or display false identification for
felony purposes or to mislead police officer, as provided for in
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subsection C of Section 1550.41 of Title 21 of the Oklahoma Statutes
this title;
149. 150. Forgery of state, public, court, or corporate seals,
as provided for in Section 1571 of Title 21 of the Oklahoma Statutes
this title;
150. 151. Forgery of records, as provided for in Section 1572
of Title 21 of the Oklahoma Statutes this title;
151. 152. Making false entry in records, as provided for in
Section 1573 of Title 21 of the Oklahoma Statutes this title;
152. 153. Forgery of certification or acknowledgement of
conveyance, as provided for in Section 1574 of Title 21 of the
Oklahoma Statutes this title;
153. 154. Forgery II / Forgery III, valued from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in subsection A of Section 1577 of
Title 21 of the Oklahoma Statutes this title;
154. 155. Possession of forged evidence of debt, valued from
Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1578 of Title 21 of the Oklahoma Statutes this title;
155. 156. Possession of other forged instrument, valued from
Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1579 of Title 21 of the Oklahoma Statutes this title;
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156. 157. Issuing spurious or false certificates of stock, as
provided for in Section 1580 of Title 21 of the Oklahoma Statutes
this title;
157. 158. Reissuing canceled certificates of stock, as provided
for in Section 1581 of Title 21 of the Oklahoma Statutes this title;
158. 159. Issuing or pledging false evidence of debt, as
provided for in Section 1582 of Title 21 of the Oklahoma Statutes
this title;
159. 160. Counterfeiting coin, as provided for in Section 1583
of Title 21 of the Oklahoma Statutes this title;
160. 161. Counterfeiting coin for exportation, as provided for
in Section 1584 of Title 21 of the Oklahoma Statutes this title;
161. 162. Forging process of court or title to property, as
provided for in Section 1585 of Title 21 of the Oklahoma Statutes
this title;
162. 163. Making false entries in public book, as provided for
in Section 1586 of Title 21 of the Oklahoma Statutes this title;
163. 164. Forging tickets of passage, as provided for in
Section 1587 of Title 21 of the Oklahoma Statutes this title;
164. 165. Forging postage stamps, as provided for in Section
1588 of Title 21 of the Oklahoma Statutes this title;
165. 166. Falsification of corporate records, as provided for
in Section 1589 of Title 21 of the Oklahoma Statutes this title;
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166. 167. Employee making false entries, as provided for in
Section 1590 of Title 21 of the Oklahoma Statutes this title;
167. 168. Possessing counterfeit coin with intent to circulate,
as provided for in Section 1591 of Title 21 of the Oklahoma Statutes
this title;
168. 169. Uttering forged instruments, value from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in subsection A of Section 1592 of
Title 21 of the Oklahoma Statutes this title;
169. 170. Falsely procuring another’s signature, as provided
for in Section 1593 of Title 21 of the Oklahoma Statutes this title;
170. 171. Utter signature of another with same name, as
provided for in Section 1622 of Title 21 of the Oklahoma Statutes
this title;
171. 172. Uttering one’s endorsement as another’s, as provided
for in Section 1623 of Title 21 of the Oklahoma Statutes this title;
172. 173. Erasure or alterations with intent to defraud, as
provided for in Section 1624 of Title 21 of the Oklahoma Statutes
this title;
173. 174. Sign fictitious name as officer of corporation, as
provided for in Section 1626 of Title 21 of the Oklahoma Statutes
this title;
174. 175. Fraudulent insolvency of corporation, as provided for
in Section 1639 of Title 21 of the Oklahoma Statutes this title;
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175. 176. Workers’ compensation fraud, as provided for in
Section 1663 of Title 21 of the Oklahoma Statutes this title;
176. 177. Willfully poisoning animal, as provided for in
Section 1681 of Title 21 of the Oklahoma Statutes this title;
177. 178. Larceny of lost property, value from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
($15,000.00), as provided for in paragraph 3 of Section 1702 of
Title 21 of the Oklahoma Statutes this title;
178. 179. Grand larceny, value from Two Thousand Five Hundred
Dollars ($2,500.00) to Fifteen Thousand Dollars ($15,000.00), as
provided for in subsection A of Section 1705 of Title 21 of the
Oklahoma Statutes this title;
179. 180. Larceny of written instrument, as provided for in
Section 1709 of Title 21 of the Oklahoma Statutes this title;
180. 181. Receive, possess, or conceal stolen property, value
from Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen
Thousand Dollars ($15,000.00), as provided for in subsection A of
Section 1713 of Title 21 of the Oklahoma Statutes this title;
181. 182. Bringing stolen property into state, value from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in Section 1715 of Title 21 of
the Oklahoma Statutes this title;
182. 183. Larceny of dogs, as provided for in Section 1718 of
Title 21 of the Oklahoma Statutes this title;
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183. 184. Larceny of or receiving stolen fowls, as provided for
in Section 1719 of Title 21 of the Oklahoma Statutes this title;
184. 185. Larceny of domesticated fish or game, value One
Thousand Dollars ($1,000.00) or more, as provided for in Section
1719.1 of Title 21 of the Oklahoma Statutes this title;
185. 186. Larceny of auto, aircraft, or other motor vehicle,
value less than Fifty Thousand Dollars ($50,000.00), as provided for
in Section 1720 of Title 21 of the Oklahoma Statutes this title;
186. 187. Larceny from building or house, as provided for in
Section 1723 of Title 21 of the Oklahoma Statutes this title;
187. 188. Possession of mercury, as provided for in Section
1726 of Title 21 of the Oklahoma Statutes this title;
188. 189. Entering with intent to steal copper, as provided for
in Section 1727 of Title 21 of the Oklahoma Statutes this title;
189. 190. Possessing, receiving, or transporting stolen copper,
as provided for in Section 1728 of Title 21 of the Oklahoma Statutes
this title;
190. 191. Larceny of merchandise from retailer, value from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in subsection A of Section
1731 of Title 21 of the Oklahoma Statutes this title;
191. 192. Larceny of trade secrets, value from Two Thousand
Five Hundred Dollars ($2,500.00) to Fifteen Thousand Dollars
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($15,000.00), as provided for in Section 1732 of Title 21 of the
Oklahoma Statutes this title;
192. 193. Procuring, selling, or receiving telephone records by
fraud (single telephone record), as provided for in subsection A of
Section 1742.2 of Title 21 of the Oklahoma Statutes this title;
193. 194. Injury to or obstruction of railroad, as provided for
in Section 1751 of Title 21 of the Oklahoma Statutes this title;
194. 195. Interfering with railroad, as provided for in Section
1752.1 of Title 21 of the Oklahoma Statutes this title;
195. 196. Possess, use, manufacture, or threaten to use
incendiary device or explosives without injury, as provided for in
Section 1767.1 of Title 21 of the Oklahoma Statutes this title;
196. 197. Removing or injuring piles securing bank or dam, as
provided for in Section 1777 of Title 21 of the Oklahoma Statutes
this title;
197. 198. Maliciously injuring written instrument, value from
Two Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in Section 1779 of Title 21 of
the Oklahoma Statutes this title;
198. 199. Place hard object or inflammable object in grain or
cotton, as provided for in Section 1837 of Title 21 of the Oklahoma
Statutes this title;
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199. 200. Selling five or more unlawful telecommunication
devices within six (6) months, as provided for in subsection B of
Section 1873 of Title 21 of the Oklahoma Statutes this title;
200. 201. Manufacturing five or more unlawful
telecommunications devices within six (6) months, as provided for in
subsection B of Section 1874 of Title 21 of the Oklahoma Statutes
this title;
201. 202. Unauthorized removal of baggage or cargo from bus or
terminal, as provided for in Section 1904 of Title 21 of the
Oklahoma Statutes this title;
202. 203. Access computer system or network with unlawful
intent, as provided for in Section 1958 of Title 21 of the Oklahoma
Statutes this title;
203. 204. Reproduction of sound recording without consent, one
hundred (100) or more articles, as provided for in Section 1976 of
Title 21 of the Oklahoma Statutes this title;
204. 205. Unlawfully sell sound recordings, as provided for in
Section 1977 of Title 21 of the Oklahoma Statutes this title;
205. 206. Broadcast or live recording for sale without consent,
as provided for in Section 1978 of Title 21 of the Oklahoma Statutes
this title;
206. 207. Rent or sell articles without true name of
manufacturer, as provided for in Section 1979 of Title 21 of the
Oklahoma Statutes this title;
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207. 208. Counterfeiting recording or article label, as
provided for in Section 1980 of Title 21 of the Oklahoma Statutes
this title;
208. 209. Violation of Trademark Anti-Counterfeiting Act, as
provided for in Section 1990.2 of Title 21 of the Oklahoma Statutes
this title;
209. 210. Tampering with security equipment, as provided for in
Section 1993 of Title 21 of the Oklahoma Statutes this title;
210. 211. Sex offender engaging in ice cream truck vending, as
provided for in Section 2100.1 of Title 21 of the Oklahoma Statutes
this title;
211. 212. Protective order violation, second or subsequent
offense, as provided for in subsection A of Section 60.6 of Title 22
of the Oklahoma Statutes;
212. 213. Protective order violation resulting in physical
injury, as provided for in subsection B of Section 60.6 of Title 22
of the Oklahoma Statutes;
213. 214. Disposal of seized liquor by officer, as provided for
in Section 1263 of Title 22 of the Oklahoma Statutes;
214. 215. False affidavits, as provided for in Section 1264 of
Title 22 of the Oklahoma Statutes;
215. 216. Interfering with voting machine, as provided for in
Section 9-118 of Title 26 of the Oklahoma Statutes;
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216. 217. Voting illegally, as provided for in Section 16-102
of Title 26 of the Oklahoma Statutes;
217. 218. Removing ballot from or carrying ballot into polling
place, as provided for in Section 16-102.1 of Title 26 of the
Oklahoma Statutes;
218. 219. False application for an absentee ballot, as provided
for in Section 16-102.2 of Title 26 of the Oklahoma Statutes;
219. 220. False affidavit in voting registration, as provided
for in Section 16-103 of Title 26 of the Oklahoma Statutes;
220. 221. Causing unqualified persons to be invalidly
registered, as provided for in Section 16-103.1 of Title 26 of the
Oklahoma Statutes;
221. 222. False notarization of absentee ballot, as provided
for in Section 16-104 of Title 26 of the Oklahoma Statutes;
222. 223. Perpetrate fraud or theft to affect election, as
provided for in Section 16-105 of Title 26 of the Oklahoma Statutes;
223. 224. Bribes to influence votes, as provided for in Section
16-106 of Title 26 of the Oklahoma Statutes;
224. 225. Offer bribe to withdraw as candidate, as provided for
in Section 16-107 of Title 26 of the Oklahoma Statutes;
225. 226. Solicit or accept bribe for withdrawal of candidacy,
as provided for in Section 16-108 of Title 26 of the Oklahoma
Statutes;
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226. 227. Prevent person from registering to vote or voting, as
provided for in Section 16-109 of Title 26 of the Oklahoma Statutes;
227. 228. Printing or possession of ballots illegally, as
provided for in Section 16-120 of Title 26 of the Oklahoma Statutes;
228. 229. Violation of the Oklahoma Pollutant Discharge
Elimination System Act, as provided for in subsection G of Section
2-6-206 of Title 27A of the Oklahoma Statutes;
229. 230. Falsely state information to the Department of
Environmental Quality, as provided for in Section 2-7-109 of Title
27A of the Oklahoma Statutes;
230. 231. Falsify information on permit application for
Oklahoma Solid Waste Management Act, as provided for in Section 2-
10-302 of Title 27A of the Oklahoma Statutes;
231. 232. Violation of use of solid waste disposal sites, as
provided for in Section 2-10-801 of Title 27A of the Oklahoma
Statutes;
232. 233. Filing false sale with Insurance Commissioner, as
provided for in Section 311.1 of Title 36 of the Oklahoma Statutes;
233. 234. Selling insurance with revoked or suspended license,
as provided for in subsection A of Section 1435.26 of Title 36 of
the Oklahoma Statutes;
234. 235. Aiding or conspiring with a person whose insurance
license is revoked or suspended, as provided for in subsection B of
Section 1435.26 of Title 36 of the Oklahoma Statutes;
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235. 236. False statements, reports, or filings with intent to
deceive Insurance Commissioner, as provided for in subsection E of
Section 1643 of Title 36 of the Oklahoma Statutes;
236. 237. Violation of the Viatical Settlements Act of 2008,
value from Five Hundred Dollars ($500.00) to Two Thousand Five
Hundred Dollars ($2,500.00), as provided for in subsection F of
Section 4055.14 of Title 36 of the Oklahoma Statutes;
237. 238. Violation of prepaid funeral provisions, as provided
for in Section 6130 of Title 36 of the Oklahoma Statutes;
238. 239. Out-of-state retailer shipping alcoholic beverages
into state, as provided for in Section 3-101 of Title 37A of the
Oklahoma Statutes;
239. 240. Permit invitee under twenty-one (21) to possess or
consume alcohol, as provided for in subsection A of Section 6-101 of
Title 37A of the Oklahoma Statutes;
240. 241. Permit invitee under twenty-one (21) to possess or
consume alcohol resulting in great bodily injury or death, as
provided for in subsection C of Section 6-101 of Title 37A of the
Oklahoma Statutes;
241. 242. Sale of alcoholic beverages outside of authorized day
or hours, as provided for in Section 6-123 of Title 37A of the
Oklahoma Statutes;
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242. 243. Disclosing confidential information concerning
violation of Employment Security Act of 1980, as provided for in
Section 4-508 of Title 40 of the Oklahoma Statutes;
243. 244. Hiring armed guards without permit, as provided for
in Section 169 of Title 40 of the Oklahoma Statutes;
244. 245. Causing employee death by commanding to enter steam
boiler, as provided for in Section 183 of Title 40 of the Oklahoma
Statutes;
245. 246. False statement about lien by contractor, as provided
for in Section 142.4 of Title 42 of the Oklahoma Statutes;
246. 247. Mechanics liens/embezzlement, valued from Two
Thousand Five Hundred Dollars ($2,500.00) to Fifteen Thousand
Dollars ($15,000.00), as provided for in Section 142.6 of Title 42
of the Oklahoma Statutes;
247. 248. Marrying prohibited persons, as provided for in
Section 14 of Title 43 of the Oklahoma Statutes;
248. 249. Bigamy and remarriage, as provided for in Section 123
of Title 43 of the Oklahoma Statutes;
249. 250. Mistreatment of mental health patient, as provided
for in Section 2-219 of Title 43A of the Oklahoma Statutes;
250. 251. Violation of opioid substitution treatment program,
as provided for in Section 3-601 of Title 43A of the Oklahoma
Statutes;
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251. 252. Coerce another to execute a declaration of revocation
of an advanced directive, as provided for in subsection D of Section
11-113 of Title 43A of the Oklahoma Statutes;
252. 253. Unauthorized use of implement of husbandry, as
provided for in subsection B of Section 4-102 of Title 47 of the
Oklahoma Statutes;
253. 254. Receive, possess, or conceal implement of husbandry,
as provided for in subsection B of Section 4-103 of Title 47 of the
Oklahoma Statutes;
254. 255. Removed, falsified, or unauthorized identification,
as provided for in subsection A of Section 4-107 of Title 47 of the
Oklahoma Statutes;
255. 256. Buy, receive, possess, or sell motor vehicle with VIN
removed or defaced with intent to conceal, as provided for in
subsection C of Section 4-107 of Title 47 of the Oklahoma Statutes;
256. 257. Destroying, removing, altering, covering, or
counterfeiting trim tag plates, as provided for in Section 4-107a of
Title 47 of the Oklahoma Statutes;
257. 258. Misuse of manufactured home certificate of title, as
provided for in subsection B of Section 4-110 of Title 47 of the
Oklahoma Statutes;
258. 259. Alter manufactured home certificate of title, as
provided for in subsection B of Section 4-110 of Title 47 of the
Oklahoma Statutes;
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259. 260. Remove receipt with intent to misrepresent payment of
tax or fees, as provided for in subsection B of Section 4-110 of
Title 47 of the Oklahoma Statutes;
260. 261. Purchase registration receipt on assigned certificate
of title, as provided for in subsection B of Section 4-110 of Title
47 of the Oklahoma Statutes;
261. 262. Misuse of forged, counterfeit, or suspended driver
license, as provided for in Section 6-301 of Title 47 of the
Oklahoma Statutes;
262. 263. Perjury through false affidavit, as provided for in
Section 6-302 of Title 47 of the Oklahoma Statutes;
263. 264. Interference with traffic control device resulting in
injury or death, as provided for in subsection B of Section 11-207
of Title 47 of the Oklahoma Statutes;
264. 265. Buy, sell, or dispose vehicle with altered VIN, chop
shop, as provided for in subsection C of Section 1503 of Title 47 of
the Oklahoma Statutes;
265. 266. Attempt to violate chop shop laws, as provided for in
subsection D of Section 1503 of Title 47 of the Oklahoma Statutes;
266. 267. Perjury before the Corporation Commission, as
provided for in Section 108 of Title 52 of the Oklahoma Statutes;
267. 268. Delay probation duties of the Corporation Commission
with use or attempted use of firearms, as provided for in Section
114 of Title 52 of the Oklahoma Statutes;
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268. 269. Conspiracy to violate Oklahoma Oil and Gas
Conservation Act, as provided for in Section 115 of Title 52 of the
Oklahoma Statutes;
269. 270. Corruption of Corporation Commission, as provided for
in Section 117 of Title 52 of the Oklahoma Statutes;
270. 271. Misappropriation of gas, as provided for in Section
235 of Title 52 of the Oklahoma Statutes;
271. 272. Falsification of application for emergency relief, as
provided for in Section 26.18 of Title 56 of the Oklahoma Statutes;
272. 273. Medicaid fraud, as provided for in Section 1005 of
Title 56 of the Oklahoma Statutes;
273. 274. Fraudulently obtaining or receiving assistance, value
of Five Thousand Dollars ($5,000.00) or more, as provided for in
Section 1005.1 of Title 56 of the Oklahoma Statutes;
274. 275. Carry contraband into jail or prison, as provided for
in subsection B of Section 21 of Title 57 of the Oklahoma Statutes;
275. 276. Possess cell phone in jail or prison, as provided for
in subsection E of Section 21 of Title 57 of the Oklahoma Statutes;
276. 277. Jail employee receiving compensation from inmate,
value of Five Hundred Dollars ($500.00) or more, as provided for in
Section 22 of Title 57 of the Oklahoma Statutes;
277. 278. Use of convict labor on private property, as provided
for in Section 222 of Title 57 of the Oklahoma Statutes;
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278. 279. Failure to comply with Mary Rippy Violent Crime
Offenders Registration Act, as provided for in Section 599 of Title
57 of the Oklahoma Statutes;
279. 280. Practicing dentistry without a license, as provided
for in subsection B of Section 328.49 of Title 59 of the Oklahoma
Statutes;
280. 281. Giving false information to obtain license, as
provided for in subsection B of Section 328.49 of Title 59 of the
Oklahoma Statutes;
281. 282. Impersonating a pharmacist, as provided for in
Section 353.17A of Title 59 of the Oklahoma Statutes;
282. 283. Alteration of prescription or unlawful dispensing of
drugs, second violation, as provided for in Section 353.24 of Title
59 of the Oklahoma Statutes;
283. 284. False representation in procuring license under the
Oklahoma Pharmacy Act, as provided for in subsection B of Section
353.25 of Title 59 of the Oklahoma Statutes;
284. 285. Cremation without license and permit, as provided for
in Section 396.33 of Title 59 of the Oklahoma Statutes;
285. 286. Practicing medicine without a license, as provided
for in Section 491 of Title 59 of the Oklahoma Statutes;
286. 287. Violation of the Oklahoma Osteopathic Medicine Act,
as provided for in Section 638 of Title 59 of the Oklahoma Statutes;
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287. 288. Acting as building inspector without a license, as
provided for in Section 1044 of Title 59 of the Oklahoma Statutes;
288. 289. Affidavit as to undertaking, as provided for in
Section 1322 of Title 59 of the Oklahoma Statutes;
289. 290. Bail jumping, as provided for in Section 1335 of
Title 59 of the Oklahoma Statutes;
290. 291. False declaration of ownership in pawn shop, value of
One Thousand Dollars ($1,000.00) or more, if property is firearms,
or was acquired through robbery or burglary, as provided for in
subsection C of Section 1512 of Title 59 of the Oklahoma Statutes;
291. 292. Violation of Oklahoma Security Guard and Private
Investigator Act, as provided for in subsection B of Section 1750.11
of Title 59 of the Oklahoma Statutes;
292. 293. Collusion among bidders, as provided for in Section
115 of Title 61 of the Oklahoma Statutes;
293. 294. Disclosure of terms of bids, as provided for in
Section 116 of Title 61 of the Oklahoma Statutes;
294. 295. False or illegal voucher by public official, as
provided for in Section 81 of Title 62 of the Oklahoma Statutes;
295. 296. Use of facsimile signature or seal with intent to
defraud, as provided for in Section 604 of Title 62 of the Oklahoma
Statutes;
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296. 297. Distribution of controlled substance, possession with
intent, Schedule III, IV, and V drugs, as provided for in subsection
A of Section 2-401 of Title 63 of the Oklahoma Statutes;
297. 298. Distribution of counterfeit controlled substance,
possession with intent, Schedule III, IV, and V drugs, as provided
for in subsection A of Section 2-401 of Title 63 of the Oklahoma
Statutes;
298. 299. Robbery of controlled dangerous substance, as
provided for in subsection B of Section 2-403 of Title 63 of the
Oklahoma Statutes;
299. 300. Distribute or dispense controlled substance without
required order form, as provided for in subsection A of Section 2-
404 of Title 63 of the Oklahoma Statutes;
300. 301. Manufacture, distribute, or dispense controlled
substance not authorized by registration, as provided for in
subsection A of Section 2-404 of Title 63 of the Oklahoma Statutes;
301. 302. Omit, remove, alter, or obliterate symbol required on
controlled substance, as provided for in subsection A of Section 2-
404 of Title 63 of the Oklahoma Statutes;
302. 303. Refuse or fail to make, keep, or furnish required
information, as provided for in subsection A of Section 2-404 of
Title 63 of the Oklahoma Statutes;
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303. 304. Refuse entry or inspection of premises with respect
to controlled substance, as provided for in subsection A of Section
2-404 of Title 63 of the Oklahoma Statutes;
304. 305. Maintain place for keeping or selling controlled
substance, as provided for in subsection A of Section 2-404 of Title
63 of the Oklahoma Statutes;
305. 306. Sell, transfer, or provide money transmitter
equipment to unlicensed person, second or subsequent offense, as
provided for in subsection A of Section 2-503.1d of Title 63 of the
Oklahoma Statutes;
306. 307. Responsibility of permit holders, as provided for in
subsection A of Section 124.8 of Title 63 of the Oklahoma Statutes;
307. 308. Purchase or sell body parts for transplantation, as
provided for in Section 2200.16A of Title 63 of the Oklahoma
Statutes;
308. 309. Falsification, forgery, concealment, defacement, or
obliteration of document of gift, as provided for in Section
2200.17A of Title 63 of the Oklahoma Statutes;
309. 310. Unlawful possession of vessel or motor, as provided
for in Section 4209 of Title 63 of the Oklahoma Statutes;
310. 311. Receive, possess, sell, or dispose of stolen vessel
or motor, as provided for in Section 4209.1 of Title 63 of the
Oklahoma Statutes;
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311. 312. Remove or alter ID number of vessel, as provided for
in subsection B of Section 4209.2 of Title 63 of the Oklahoma
Statutes;
312. 313. Buy, receive, possess, or dispose of vessel with
false ID number with intent to conceal, as provided for in
subsection D of Section 4209.2 of Title 63 of the Oklahoma Statutes;
313. 314. False statement in application for certificate of
title for stolen vehicle, as provided for in Section 4209.3 of Title
63 of the Oklahoma Statutes;
314. 315. Alteration or forging of vessel certificate of title,
as provided for in Section 4209.4 of Title 63 of the Oklahoma
Statutes;
315. 316. Possess vessel with altered ID number, as provided
for in subsection C of Section 4253 of Title 63 of the Oklahoma
Statutes;
316. 317. Destroying or falsifying checks to the Land Office,
as provided for in Section 1026 of Title 64 of the Oklahoma
Statutes;
317. 318. Prospecting on public lands without permit, as
provided for in Section 1094 of Title 64 of the Oklahoma Statutes;
318. 319. Business for profit by a member of the Department of
Transportation, as provided for in subsection B of Section 304 of
Title 66 of the Oklahoma Statutes;
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319. 320. Business for profit by a member of the Department of
Transportation, as provided for in subsection B of Section 324 of
Title 66 of the Oklahoma Statutes;
320. 321. Failure to comply with request for county records, as
provided for in Section 83 of Title 67 of the Oklahoma Statutes;
321. 322. Refusal to file tax return with intent to defraud, as
provided for in Section 240.1 of Title 68 of the Oklahoma Statutes;
322. 323. Filing false sales tax report, as provided for in
Section 241 of Title 68 of the Oklahoma Statutes;
323. 324. Possession of controlled dangerous substances without
tax stamp, as provided for in Section 450.8 of Title 68 of the
Oklahoma Statutes;
324. 325. Remove tax stamp with intent to reuse, as provided
for in Section 450.9 of Title 68 of the Oklahoma Statutes;
325. 326. Making false oath to report required by Cotton
Manufacturers Act, as provided for in Section 2003 of Title 68 of
the Oklahoma Statutes;
326. 327. File false income tax return with intent to defraud,
as provided for in Section 2376 of Title 68 of the Oklahoma
Statutes;
327. 328. Fraudulent tax receipt by county treasurer, as
provided for in Section 2920 of Title 68 of the Oklahoma Statutes;
328. 329. False or fraudulent lists of taxable property, as
provided for in Section 2945 of Title 68 of the Oklahoma Statutes;
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329. 330. False application under Oklahoma Quality Jobs Program
Act, as provided for in Section 3609 of Title 68 of the Oklahoma
Statutes;
330. 331. False application under Former Military Facility
Development Act, as provided for in Section 3807 of Title 68 of the
Oklahoma Statutes;
331. 332. False application under Oklahoma Specialized Quality
Investment Act, as provided for in Section 4109 of Title 68 of the
Oklahoma Statutes;
332. 333. False application under Oklahoma Quality Investment
Act, as provided for in Section 4209 of Title 68 of the Oklahoma
Statutes;
333. 334. Conflict of interest by a member of the
Transportation Commission, as provided for in Section 310 of Title
69 of the Oklahoma Statutes;
334. 335. Conflict of interest by a member of the Oklahoma
Turnpike Authority, as provided for in Section 1705 of Title 69 of
the Oklahoma Statutes;
335. 336. Violation of Oklahoma Highway Code of 1968, as
provided for in Section 1802 of Title 69 of the Oklahoma Statutes;
336. 337. Conflict of interest by Oklahoma Educational
Television Authority member, as provided for in Section 23-106 of
Title 70 of the Oklahoma Statutes;
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337. 338. Alter or destroy audit records by Board of Regents,
as provided for in subsection E of Section 3909 of Title 70 of the
Oklahoma Statutes;
338. 339. Authority to receive gifts or funds, as provided for
in subsection B of Section 4306 of Title 70 of the Oklahoma
Statutes;
339. 340. Make takeover offer which is not effective under
Oklahoma Take-over Disclosure Act of 1985, as provided for in
subsection A of Section 453 of Title 71 of the Oklahoma Statutes;
340. 341. Fraudulent, deceptive, or manipulative acts in
takeover offer, as provided for in Section 455 of Title 71 of the
Oklahoma Statutes;
341. 342. Violation of Oklahoma Take-over Disclosure Act of
1985, as provided for in Section 460 of Title 71 of the Oklahoma
Statutes;
342. 343. Conflict of interest by Oklahoma Capitol Improvement
Authority member, as provided for in Section 162 of Title 73 of the
Oklahoma Statutes;
343. 344. Fraud in obtaining certification as a minority
business, as provided for in Section 85.45h of Title 74 of the
Oklahoma Statutes;
344. 345. False statement for small business surety bond
guarantee, as provided for in Section 85.47h of Title 74 of the
Oklahoma Statutes;
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345. 346. Forge or alter criminal history record, as provided
for in subsection D of Section 150.9 of Title 74 of the Oklahoma
Statutes;
346. 347. Making or receiving kickback, as provided for in
Section 3404 of Title 74 of the Oklahoma Statutes;
347. 348. Pooling of bridge or highway contracts, as provided
for in Section 101 of Title 79 of the Oklahoma Statutes;
348. 349. Business for profit by Oklahoma Water Resources Board
member, as provided for in Section 1086.3 of Title 82 of the
Oklahoma Statutes;
349. 350. Conflict of interest by water district official or
employee, as provided for in Section 1281 of Title 82 of the
Oklahoma Statutes;
350. 351. Falsely executes a written declaration as a witness
to a will, as provided for in paragraph 6 of Section 55 of Title 84
of the Oklahoma Statutes; and
351. 352. False statement and misrepresentation, as provided
for in Section 6 of Title 85A of the Oklahoma Statutes.
B. Any person convicted of a Class D1 criminal offense set
forth in this section shall be punished by imprisonment in the
custody of the Department of Corrections for a term of not more than
five (5) years and shall serve at least twenty percent (20%) of the
sentence imposed before release from custody including release to
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electronic monitoring pursuant to Section 510.9 of Title 57 of the
Oklahoma Statutes.
C. 1. Every person who, having been previously convicted of
one or two Class C or Class D criminal offenses, commits a Class D1
criminal offense shall, upon conviction, be punished by imprisonment
in the custody of the Department of Corrections for a term of not
less than one (1) year nor more than seven (7) years and shall serve
at least twenty percent (20%) of the sentence imposed before release
from custody including release to electronic monitoring pursuant to
Section 510.9 of Title 57 of the Oklahoma Statutes.
2. Every person who, having been previously convicted of three
Class C or Class D criminal offenses, or one or more Class Y, Class
A, or Class B criminal offenses, commits a Class D1 criminal offense
shall, upon conviction, be punished by imprisonment in the custody
of the Department of Corrections for a term of not less than two (2)
years nor more than ten (10) years and shall serve at least thirty
percent (30%) of the sentence imposed before release from custody
including release to electronic monitoring pursuant to Section 510.9
of Title 57 of the Oklahoma Statutes.
D. Unless specifically exempted pursuant to subsection E of
this section, Section 51.1 of Title 21 of the Oklahoma Statutes this
title shall not apply to Class D1 criminal offenses.
E. The criminal offenses listed in paragraphs 98 99, 108 109,
212, 213, 214, and 229 230 of subsection A of this section shall be
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exempt from the penalty provisions provided for in subsections B and
C of this section. Persons convicted of the criminal offenses
provided for in paragraphs 98 99, 108 109, 212, 213, 214, and 229
230 of subsection A of this section shall be punished in accordance
with the corresponding penalties provided for in the Oklahoma
Statutes including Section 51.1 of Title 21 of the Oklahoma Statutes
this title.
F. All Class D1 criminal offenses shall be punishable by the
corresponding fines as provided for in the Oklahoma Statutes.
SECTION 21. REPEALER 6 O.S. 2021, Sections 1511, 1512,
1513, 1514, and 1515, are hereby repealed.
SECTION 22. This act shall become effective November 1, 2026.
60-2-3305 CAD 1/15/2026 8:47:34 AM