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ENGROSSED HOUSE
BILL NO. 1065 By: Hardin (Tommy) of the House
and
Simpson of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2011, Sections 1115, as last amended by Section 1,
Chapter 14, O.S.L. 2019 and 1132, as amended by
Section 2, Chapter 337, O.S.L. 2012 (47 O.S. Supp.
2020, Sections 1115 and 1132), which relate to
vehicle registration fees; permitting waiver of
certain penalty for certain instances when a car is
stolen; clarifying maximum penalty for delinquent
registration; providing criteria to qualify for
waiver; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 1115, as
last amended by Section 1, Chapter 14, O.S.L. 2019 (47 O.S. Supp.
2020, Section 1115), is amended to read as follows:
Section 1115. A. Unless provided otherwise by statute, the
following vehicles shall be registered annually: manufactured
homes, vehicles registered with a permanent nonexpir ing license
plate pursuant to Section 1113 of this title, and commercial
vehicles registered pursuant to the installment plan provided in
subsection H of Section 1133 of this title. The following schedule
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shall apply for such vehicle purchased in this sta te or brought into
this state by residents of this state:
1. Between January 1 and March 31, the payment of the full
annual fee shall be required;
2. Between April 1 and June 30, the payment of three -fourths
(3/4) the annual fee shall be required;
3. Between July 1 and September 30, the payment of one -half
(1/2) the annual fee shall be required; and
4. Between October 1 and November 30, one -fourth (1/4) the
annual fee shall be required.
License plates or decals for each year shall be made available
on December 1 of each preceding year for such vehicles. Any person
who purchases such vehicle or manufactured home between December 1
and December 31 of any year shall register it within thirty (30)
days from date of purchase and obtain a license plate or
Manufactured Home License Registration Decal, as appropriate, for
the following calendar year upon payment of the full annual fee.
Unless provided otherwise by statute, all annual license,
registration and other fees for such vehicles shall be due and
payable on January 1 of each year and if not paid by February 1
shall be deemed delinquent.
B. 1. All vehicles, other than those required to be registered
pursuant to the provisions of subsection A of this section, shall be
registered on a staggered system of registration and licensing on a
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monthly series basis to distribute the work of registering such
vehicles as uniformly and expeditiously as practicable throughout
the calendar year unless otherwise provided in this section. After
the end of the month follo wing the expiration date, the license and
registration fees for the new registration period shall become
delinquent.
2. All fleet vehicles registered pursuant to new applications
approved pursuant to the provisions of Section 1120 of this title
shall be registered on a staggered system monthly basis.
3. Applicants seeking to establish Oklahoma as the base
jurisdiction for registering apportioned fleet vehicles shall have a
one-time option of registering for a period of not less than six (6)
months nor greater than eighteen (18) months. Subsequent renewals
for these registrants will be for twelve (12) months, expiring on
the last day of the month chosen by the registrant under the one -
time option as provided herein. In addition, registrants with
multiple fleets may designate a different registration month of
expiration for each fleet.
As used in this section, "fleet" shall have the same meaning as
set forth in the International Registration Plan.
4. Effective January 1, 2004, all motorcycles and mopeds sh all
be registered on a staggered system of registration. The Oklahoma
Tax Commission shall notify in writing, prior to December 1, 2003,
all owners of motorcycles or mopeds registered as of such date, who
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shall have a one-time option of registering for a period of not less
than three (3) months nor greater than fifteen (15) months.
Subsequent renewals for these registrants will be for twelve (12)
months, expiring on the last day of the month chosen by the
registrant under the one -time option as provided h erein. All
motorcycles and mopeds registered pursuant to new applications
received on or after December 1, 2003, shall also be registered
pursuant to the provisions of this paragraph.
5. Any three or more commercial vehicles owned by the same
person and previously registered in this state may be registered at
the same time regardless of the month or months in which they were
previously registered. The month in which the commercial vehicles
are newly registered shall be the month in which their registrati on
is renewed annually. If a commercial vehicle is registered pursuant
to this paragraph in the same calendar year in which it was
previously registered, license and registration fees shall be
prorated to account for the difference between the previous re newal
month and the new renewal month and those fees shall be due at the
time of registration pursuant to this paragraph.
C. The following penalties shall apply for delinquent
registration fees:
1. For fleet vehicles required to be registered pursuant to the
provisions of Section 1120 of this title for which a properly
completed application for registration has not been received by the
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Corporation Commission by the last day of the month following the
registration expiration date, a penalty of thirty perce nt (30%) of
the Oklahoma portion of the annual registration fee, or Two Hundred
Dollars ($200.00), whichever is greater, shall be assessed. The
license and registration cards issued by the Corporation Commission
for each fleet vehicle shall be valid until two (2) months after the
registration expiration date;
2. For commercial vehicles registered under the provisions of
subsection B of this section, except those vehicles registered
pursuant to Section 1133.1 of this title, a penalty shall be
assessed after the last day of the month following the registration
expiration date. A penalty of twenty -five cents ($0.25) per day
shall be added to the license fee of such vehicle and shall accrue
for one (1) month. Thereafter, the penalty shall be thirty percent
(30%) of the annual registration fee, or Two Hundred Dollars
($200.00), whichever is greater;
3. For new or used manufactured homes, not registered within
thirty (30) days from date of purchase or date such manufactured
home was brought into this state, a penalty equal to the
registration fee shall be assessed; or
4. For all vehicles a penalty shall be assessed after the last
day of the month following the expiration date and no penalty shall
be waived by the Oklahoma Tax Commission or any motor license ag ent
except as provided for in subsection H of Section 1133 , and
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subsection C of Section 1127 of this title , or when the vehicle was
stolen as certified by a police report or other documentation as
required by the Oklahoma Tax Commission . A penalty of One Dollar
($1.00) per day shall be added to the license fee of such vehicle,
provided that the total cumulative penalty related to delinquent
registration shall not exceed One Hundred Dollars ($100.00). Of
each dollar penalty collected pursuant to this subse ction:
a. twenty-one cents ($0.21) shall be apportioned as
provided in Section 1104 of this title,
b. twenty-one cents ($0.21) shall be retained by the
motor license agent, and
c. fifty-eight cents ($0.58) shall be deposited in the
General Revenue Fund.
D. In addition to all other penalties provided in the Oklahoma
Vehicle License and Registration Act, the following penalties shall
be imposed and collected by any Enforcement Officer of the
Corporation Commission upon finding any commercial vehicle being
operated in violation of the provisions of the Oklahoma Vehicle
License and Registration Act.
The penalties shall apply to any commercial vehicle found to be
operating in violation of the following provisions:
1. A penalty of not less than Fifty Dollars ($5 0.00) shall be
imposed upon any person found to be operating a commercial vehicle
sixty (60) days after the end of the month in which the license
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plate or registration credentials expire without the current year
license plate or registration credential dis played. Such penalty
shall not exceed the amount established by the Corporation
Commission pursuant to the provisions of subsection A of Section
1167 of this title. Revenue from such penalties shall be
apportioned as provided in Section 1167 of this titl e;
2. A penalty of not less than Fifty Dollars ($50.00) shall be
imposed for any person operating a commercial vehicle subject to the
provisions of Section 1120 or Section 1133 of this title without the
proper display of, or, carrying in such commercial v ehicle, the
identification credentials issued by the Corporation Commission as
evidence of payment of the fee or tax as provided in Section 1120 or
Section 1133 of this title. Such penalty shall not exceed the
amount established by the Corporation Commiss ion pursuant to the
provisions of subsection A of Section 1167 of this title. Revenue
from such penalties shall be apportioned as provided in Section 1167
of this title; and
3. A penalty of not less than One Hundred Dollars ($100.00)
shall be imposed for any person that fails to register any
commercial vehicle subject to the Oklahoma Vehicle License and
Registration Act. Such penalty shall not exceed the amount
established by the Corporation Commission pursuant to the provisions
of subsection A of Sectio n 1167 of this title. Revenue from such
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penalties shall be apportioned as provided in Section 1167 of this
title.
E. The Tax Commission, or Corporation Commission with respect
to vehicles registered under Section 1120 or Section 1133 of this
title, shall assess the registration fees and penalties for the year
or years a vehicle was not registered. For vehicles not registered
for two (2) or more years, the registration fees and penalties shall
be due only for the current year and one (1) previous year.
F. In addition to any other penalty prescribed by law, there
shall be a penalty of not less than Twenty Dollars ($20.00) upon a
finding by an enforcement officer that:
1. The registration of a vehicle registered pursuant to Section
1132 of this title is ex pired and it is sixty (60) or more days
after the end of the month of expiration; or
2. The registration fees for a vehicle that is subject to the
registration fees pursuant to Section 1132 of this title have not
been paid.
Such penalty shall not exceed t he amount established by the
Corporation Commission pursuant to the provisions of subsection A of
Section 1167 of this title. Revenue from such penalties shall be
apportioned as provided in Section 1167 of this title.
G. If a vehicle is donated to a nonp rofit charitable
organization, the nonprofit charitable organization shall be exempt
from paying any current or past due registration fees, excise tax,
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transfer fees, and penalties and interest. However, after the
donation, if the person donating the vehi cle, or someone on behalf
of such person, purchases the same vehicle back from the nonprofit
charitable organization to which the vehicle was donated, such
person shall be liable for all current and past -due registration
fees, excise tax, title or transfer fees, and penalties and interest
on such vehicle.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 1132, as
amended by Section 2, Chapter 337, O.S.L. 2012 (47 O.S. Supp. 2020,
Section 1132), is amended to read as follows:
Section 1132. A. For all vehicles, unless otherwise
specifically provided by the Oklahoma Vehicle License and
Registration Act, a registration fee shall be assessed at the time
of initial registration by the owner and annually thereafter, for
the use of the avenues of public access within this state in the
following amounts:
1. For the first through the fourth year of registration in
this state or any other state, Eighty -five Dollars ($85.00);
2. For the fifth through the eighth year of registration in
this state or any other state, Seventy -five Dollars ($75.00);
3. For the ninth through the twelfth year of registration in
this state or any other state, Fifty -five Dollars ($55.00);
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4. For the thirteenth through the sixteenth year of
registration in this state or a ny other state, Thirty -five Dollars
($35.00); and
5. For the seventeenth and any following year of registration
in this state or any other state, Fifteen Dollars ($15.00).
The registration fee provided for in this subsection shall be in
lieu of all other taxes, general or local, unless otherwise
specifically provided.
B. For all-terrain vehicles and motorcycles used exclusively
for use off roads or highways purchased on or after July 1, 2005,
and for all-terrain vehicles and motorcycles used exclusively f or
use off roads or highways purchased prior to July 1, 2005, which the
owner chooses to register pursuant to the provisions of Section
1115.3 of this title, an initial and nonrecurring registration fee
of Eleven Dollars ($11.00) shall be assessed at the t ime of initial
registration by the owner. Nine Dollars ($9.00) of the registration
fee shall be deposited in the Oklahoma Tax Commission Reimbursement
Fund. Two Dollars ($2.00) of the registration fee shall be retained
by the motor license agent. The fe es required by subsection A of
this section shall not be required for all -terrain vehicles or
motorcycles used exclusively off roads and highways.
C. For utility vehicles used exclusively for use off roads or
highways purchased on or after July 1, 2008, a nd for utility
vehicles used exclusively for use off roads or highways purchased
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prior to July 1, 2008, which the owner chooses to register pursuant
to the provisions of Section 1115.3 of this title, an initial and
nonrecurring registration fee of Eleven D ollars ($11.00) shall be
assessed at the time of initial registration by the owner. Nine
Dollars ($9.00) of the registration fee shall be deposited in the
Oklahoma Tax Commission Reimbursement Fund. Two Dollars ($2.00) of
the registration fee shall be re tained by the motor license agent.
The fees required by subsection A of this section shall not be
required for utility vehicles used exclusively off roads and
highways.
D. There shall be a credit allowed with respect to the fee for
registration of a new vehicle which is a replacement for:
1. A new original vehicle which is stolen from the
purchaser/registrant within ninety (90) days of the date of purchase
of the original vehicle as certified by a police report or other
documentation as required by the O klahoma Tax Commission; or
2. A defective new original vehicle returned by the
purchaser/registrant to the seller within six (6) months of the date
of purchase of the defective new original vehicle as certified by
the manufacturer.
The credit shall be in the amount of the fee for registration
which was paid for the new original vehicle and shall be applied to
the registration fee for the replacement vehicle. In no event will
the credit be refunded.
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E. Upon every transfer or change of ownership of a vehic le, the
new owner shall obtain title for and, except in the case of salvage
vehicles and manufactured homes, register the vehicle within thirty
(30) days of change of ownership and pay a transfer fee of Fifteen
Dollars ($15.00) in addition to any other fee s provided for in this
act. No new decal shall be issued to the registrant. Thereafter,
the owner shall register the vehicle annually on the anniversary
date of its initial registration in this state and shall pay the
fees provided in subsection A of thi s section and receive a decal
evidencing such payment. Provided, used motor vehicle dealers shall
be exempt from the provisions of this section.
F. In the event a new or used vehicle is not registered, titled
and tagged within thirty (30) days from the d ate of transfer of
ownership, the penalty for the failure of the owner of the vehicle
to register the vehicle within thirty (30) days shall be One Dollar
($1.00) per day, provided that in no event shall the total
cumulative penalty related to delinquent re gistration exceed One
Hundred Dollars ($100.00). No penalty shall be waived by the
Oklahoma Tax Commission or any motor license agent except as
provided in subsection C of Section 1127 of this title , or when it
can be shown the vehicle was stolen as certi fied by a police report
or other documentation as required by the Oklahoma Tax Commission .
Of each dollar penalty collected pursuant to this subsection:
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1. Twenty-one cents ($0.21) shall be apportioned as provided in
Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the motor
license agent; and
3. Fifty-eight cents ($0.58) shall be deposited in the General
Revenue Fund.
SECTION 3. This act shall become effective November 1, 2021.
Passed the House of Representa tives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate