FUNDAMENTAL INTERESTS. CLEGQ, SUPRA, AT 106; THAYER V. PHILLIPS PETROLEUM CO., 613 P.2D 1041, 1044-45 (OKL. 1980). IN THE INSTANT CASE, THE CLASSIFICATIONS DO NOT IMPINGE ON A FUNDAMENTAL INTEREST AND THEREFORE THE LESS STRINGENT TEST TO BE APPLIED. MASSACHUSETTS BOARD OF RETIREMENT V. MURGIA, 427 U.S. 307,96 S.CT. 2562, 49 L.ED.2D 520 (1976). ACCORDINGLY, THE QUESTION TO BE ANSWERED IS WHETHER THE DISTINCTIONS DRAWN BY THIS STATUTE BEAR A RATIONAL RELATIONSHIP TO A CONCEIVABLE STATE PURPOSE.
THE SAME RATIONALE USED TO ANALYZE THE GENERAL NATURE OF THE STATUTE IS APPLICABLE HERE. IT IS REASONABLE FOR THE LEGISLATURE TO PROVIDE QUALIFICATIONS FOR AGENCIES AND AGENTS IN MORE POPULOUS AREAS BASED ON THE INCREASED DIFFICULTIES OF DEALING WITH INCREASED MEMBERS OF THE PUBLIC. THE LARGER POOL OF POTENTIAL APPLICATIONS FOR THE POSITION IS ANOTHER REASONABLE BASIS FOR REQUIRING ADDITIONAL QUALIFICATIONS AND REQUIREMENTS FOR SCREENING APPLICANTS.
I CONCLUDE THEREFORE THAT 47 O.S. 1140 DOES NOT UNLAWFULLY DISCRIMINATE AGAINST CERTAIN APPLICANTS FOR MOTOR LICENSE AGENT BASED ON THE SIZE OF THE MUNICIPALITY IN WHICH THEY APPLY.
(TAG AGENT)
(SHERIDAN A. MCCAFFREE)