Oklahoma 2022 Regular Session

Oklahoma House Bill HB1065 Compare Versions

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1-An Act
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331 BILL NO. 1065 By: Hardin (Tommy) of the House
432
533 and
634
735 Simpson of the Senate
836
937
1038
1139
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1341 An Act relating to motor vehicles; amending 47 O.S.
1442 2011, Sections 1115, as last amended by Section 1,
15-Chapter 14, O.S.L. 2019 and 1132, as last amended by
16-Section 2 of Enrolled Senate Bill No. 313 of the 1st
17-Session of the 58th Oklahoma Legislature (47 O.S.
18-Supp. 2020, Section 1115), which relate to vehicle
19-registration fees; permitting waiver of certain
20-penalty for certain instances when a car is stolen;
21-providing criteria to qualify for waiver; and
22-providing an effective date.
43+Chapter 14, O.S.L. 201 9 and 1132, as amended by
44+Section 2, Chapter 337, O.S.L. 2012 (47 O.S. Supp.
45+2020, Sections 1115 and 1132), which relate to
46+vehicle registration fees; permitting waiver of
47+certain penalty for certain instances when a car is
48+stolen; clarifying maximum penal ty for delinquent
49+registration; providing criteria to qualify for
50+waiver; and providing an effective date.
2351
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26-SUBJECT: Motor vehicles
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56+AMENDMENT NO. 1. Page 6, lines 5 and 6, delete the new language
57+"total cumulative" and "related to delinquent
58+registration"
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60+AMENDMENT NO. 2 Page 12, lines 16 and 17, delete the new language
61+"total cumulative" and "related to delinquent
62+registration"
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64+ and amend the title to conform
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92+Passed the Senate the 13th day of April, 2021.
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96+ Presiding Officer of the Senate
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99+Passed the House of Represent atives the ____ day of __________,
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132+ENGROSSED HOUSE
133+BILL NO. 1065 By: Hardin (Tommy) of the House
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135+ and
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137+ Simpson of the Senate
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143+An Act relating to motor vehicles; amending 47 O.S.
144+2011, Sections 1115, as last amended by Section 1,
145+Chapter 14, O.S.L. 2019 and 1132, as amended by
146+Section 2, Chapter 337, O.S.L. 2012 (47 O.S. Supp.
147+2020, Sections 1115 and 1132), which relate to
148+vehicle registration fees; permitting waiver of
149+certain penalty for certain instances when a car is
150+stolen; clarifying maximum penalty for delinquent
151+registration; providing criteria to qualify for
152+waiver; and providing an effective date.
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27156
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29158 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30159 SECTION 1. AMENDATORY 47 O.S. 2011, Section 1115, as
31160 last amended by Section 1, Chapter 14, O.S.L. 2019 (47 O.S. Supp.
32161 2020, Section 1115), is amended to read as follows:
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34162 Section 1115. A. Unless provided otherwise by statute, the
35163 following vehicles shall be registered annually: manufactured
36164 homes, vehicles registered with a permanent nonexpiring license
37165 plate pursuant to Section 1113 of this title, and commercial
38166 vehicles registered pursuant to the installment plan provided in
39167 subsection H of Sect ion 1133 of this title. The following schedule
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40194 shall apply for such vehicle purchased in this state or brought into
41195 this state by residents of this state:
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43196 1. Between January 1 and March 31, the payment of the full
44197 annual fee shall be required;
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46198 2. Between April 1 and June 30, the payment of three -fourths
47199 (3/4) the annual fee shall be required;
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49200 3. Between July 1 and September 30, the payment of one -half
50201 (1/2) the annual fee shall be required; and
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52202 4. Between October 1 and November 30, one -fourth (1/4) the
53203 annual fee shall be required.
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55204 License plates or decals for each year shall be made available
56205 on December 1 of each preceding year for such vehicles. Any person
57206 who purchases such vehicle or manufactured home between December 1
58207 and December 31 of any year shall register it within thirty (30)
59208 days from date of purchase and obtain a license plate or
60209 Manufactured Home License Registration Decal, as appropriate, for
61210 the following calendar year upon payment of the full annual fee.
62211 Unless provided otherwise by statute, all annual license,
63212 registration and other fees for such vehicles shall be due and
64213 payable on January 1 of each year and if not paid by February 1
65214 shall be deemed delinquent.
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67215 B. 1. All vehicles, other than those required to be registered
68216 pursuant to the provisions of subsection A of this section, shall be
69217 registered on a staggered system of registration and licensing on a
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70244 monthly series basis to distribute the work of registering such
71245 vehicles as uniformly and expeditiously as practicable through out
72246 the calendar year unless otherwise provided in this section. After
73247 the end of the month following the expiration date, the license and
74248 registration fees for the new registration period shall become
75249 delinquent.
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77250 2. All fleet vehicles registered pursuan t to new applications
78251 approved pursuant to the provisions of Section 1120 of this title
79252 shall be registered on a staggered system monthly basis.
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81253 3. Applicants seeking to establish Oklahoma as the base
82254 jurisdiction for registering apportioned fleet vehicle s shall have a
83255 one-time option of registering for a period of not less than six (6)
84256 months nor greater than eighteen (18) months. Subsequent renewals
85257 for these registrants will be for twelve (12) months, expiring on
86258 the last day of the month chosen by the registrant under the one -
87259 time option as provided herein. In addition, registrants with
88260 multiple fleets may designate a different registration month of
89261 expiration for each fleet.
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91262 As used in this section, "fleet" shall have the same meaning as
92263 set forth in the International Registration Plan.
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94264 4. Effective January 1, 2004, all motorcycles and mopeds shall
95265 be registered on a staggered system of registration. The Oklahoma
96266 Tax Commission shall notify in writing, prior to December 1, 2003,
97267 all owners of motorc ycles or mopeds registered as of such date, who
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98294 shall have a one-time option of registering for a period of not less
99295 than three (3) months nor greater than fifteen (15) months.
100296 Subsequent renewals for these registrants will be for twelve (12)
101297 months, expiring on the last day of the month chosen by the
102298 registrant under the one -time option as provided herein. All
103299 motorcycles and mopeds registered pursuant to new applications
104300 received on or after December 1, 2003, shall also be registered
105301 pursuant to the provisions of this paragraph.
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107302 5. Any three or more commercial vehicles owned by the same
108303 person and previously registered in this state may be registered at
109304 the same time regardless of the month or months in which they were
110305 previously registered. The month in which the commercial vehicles
111306 are newly registered shall be the month in which their registration
112307 is renewed annually. If a commercial vehicle is registered pursuant
113308 to this paragraph in the same calendar year in which it was
114309 previously registered, lic ense and registration fees shall be
115310 prorated to account for the difference between the previous renewal
116311 month and the new renewal month and those fees shall be due at the
117312 time of registration pursuant to this paragraph.
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119313 C. The following penalties shall ap ply for delinquent
120314 registration fees:
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122315 1. For fleet vehicles required to be registered pursuant to the
123316 provisions of Section 1120 of this title for which a properly
124317 completed application for registration has not been received by the
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125344 Corporation Commission by the last day of the month following the
126345 registration expiration date, a penalty of thirty percent (30%) of
127346 the Oklahoma portion of the annual registration fee, or Two Hundred
128347 Dollars ($200.00), whichever is greater, shall be assessed. The
129348 license and registration cards issued by the Corporation Commission
130349 for each fleet vehicle shall be valid until two (2) months after the
131350 registration expiration date;
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133351 2. For commercial vehicles registered under the provisions of
134352 subsection B of this section, except th ose vehicles registered
135-pursuant to Section 1133.1 of this title, a penalty shall be ENR. H. B. NO. 1065 Page 4
353+pursuant to Section 1133.1 of this title, a penalty shall be
136354 assessed after the last day of the month following the registration
137355 expiration date. A penalty of twenty -five cents ($0.25) per day
138356 shall be added to the license fee of s uch vehicle and shall accrue
139357 for one (1) month. Thereafter, the penalty shall be thirty percent
140358 (30%) of the annual registration fee, or Two Hundred Dollars
141359 ($200.00), whichever is greater;
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143360 3. For new or used manufactured homes, not registered within
144361 thirty (30) days from date of purchase or date such manufactured
145362 home was brought into this state, a penalty equal to the
146363 registration fee shall be assessed; or
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148364 4. For all vehicles a penalty shall be assessed after the last
149365 day of the month following the exp iration date and no penalty shall
150366 be waived by the Oklahoma Tax Commission or any motor license agent
151-except as provided for in subsection H of Section 1133 and,
367+except as provided for in subsection H of Section 1133 , and
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152394 subsection C of Section 1127 of this title , or when the vehicle was
153395 stolen as certified by a p olice report or other documentation as
154396 required by the Oklahoma Tax Commission . A penalty of One Dollar
155397 ($1.00) per day shall be added to the license fee of such vehicle,
156-provided that the penalty shall not exceed One Hundred Dollars
157-($100.00). Of each dollar penalty collected pursuant to this
158-subsection:
159-
398+provided that the total cumulative penalty related to delinquent
399+registration shall not exceed One Hundred Dollars ($100.00). Of
400+each dollar penalty collected pursuant to this subsection:
160401 a. twenty-one cents ($0.21) shall be apportioned as
161402 provided in Section 1104 of this title,
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163403 b. twenty-one cents ($0.21) shall be retained by the
164404 motor license agent, and
165-
166405 c. fifty-eight cents ($0.58) shall be deposited in the
167406 General Revenue Fund.
168-
169407 D. In addition to all other penalties provided in the Oklahoma
170408 Vehicle License and Registration Act, the following penalties shall
171409 be imposed and collected by any Enforcement Officer of the
172410 Corporation Commission upon finding any commercial vehicle being
173411 operated in violation of the provisions of the Oklahoma Vehicle
174412 License and Registration Act.
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176413 The penalties shall apply to any commercial vehicle found to be
177414 operating in violation of the following provisions:
415+1. A penalty of not less than Fifty Dollars ($50.00) shall be
416+imposed upon any person found to be operating a commercial vehicle
417+sixty (60) days after the end of the month in which the license
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179-1. A penalty of not less than Fifty Dollars ($50.00) shall be
180-imposed upon any person found to be operating a commercial vehicle ENR. H. B. NO. 1065 Page 5
181-sixty (60) days after the end of the month in which the license
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182444 plate or registration credentials expire without the current year
183445 license plate or registration credential displayed. Such penalty
184446 shall not exceed the amount established by the Corporation
185447 Commission pursuant to the provisions of subsection A of Section
186448 1167 of this title. Revenue from such penalties shall be
187449 apportioned as provided in Section 1167 of this title;
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189450 2. A penalty of not less than Fifty Dollars ($50.00) shall be
190451 imposed for any person operating a commercial vehicle subject to the
191452 provisions of Section 1 120 or Section 1133 of this title without the
192453 proper display of, or, carrying in such commercial vehicle, the
193454 identification credentials issued by the Corporation Commission as
194455 evidence of payment of the fee or tax as provided in Section 1120 or
195456 Section 1133 of this title. Such penalty shall not exceed the
196457 amount established by the Corporation Commission pursuant to the
197458 provisions of subsection A of Section 1167 of this title. Revenue
198459 from such penalties shall be apportioned as provided in Section 1167
199460 of this title; and
200-
201461 3. A penalty of not less than One Hundred Dollars ($100.00)
202462 shall be imposed for any person that fails to register any
203463 commercial vehicle subject to the Oklahoma Vehicle License and
204464 Registration Act. Such penalty shall not exceed the amo unt
205465 established by the Corporation Commission pursuant to the provisions
206466 of subsection A of Section 1167 of this title. Revenue from such
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207493 penalties shall be apportioned as provided in Section 1167 of this
208494 title.
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210495 E. The Tax Commission, or Corporation Comm ission with respect
211496 to vehicles registered under Section 1120 or Section 1133 of this
212497 title, shall assess the registration fees and penalties for the year
213498 or years a vehicle was not registered. For vehicles not registered
214499 for two (2) or more years, the re gistration fees and penalties shall
215500 be due only for the current year and one (1) previous year.
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217501 F. In addition to any other penalty prescribed by law, there
218502 shall be a penalty of not less than Twenty Dollars ($20.00) upon a
219503 finding by an enforcement offic er that:
220-
221504 1. The registration of a vehicle registered pursuant to Section
222505 1132 of this title is expired and it is sixty (60) or more days
223506 after the end of the month of expiration; or
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225507 2. The registration fees for a vehicle that is subject to the
226508 registration fees pursuant to Section 1132 of this title have not
227509 been paid.
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229510 Such penalty shall not exceed the amount established by the
230511 Corporation Commission pursuant to the provisions of subsection A of
231512 Section 1167 of this title. Revenue from such penalties sha ll be
232513 apportioned as provided in Section 1167 of this title.
233-
234514 G. If a vehicle is donated to a nonprofit charitable
235515 organization, the nonprofit charitable organization shall be exempt
236516 from paying any current or past due registration fees, excise tax,
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237543 transfer fees, and penalties and interest. However, after the
238544 donation, if the person donating the vehicle, or someone on behalf
239545 of such person, purchases the same vehicle back from the nonprofit
240546 charitable organization to which the vehicle was donated, such
241547 person shall be liable for all current and past -due registration
242548 fees, excise tax, title or transfer fees, and penalties and interest
243549 on such vehicle.
244-
245550 SECTION 2. AMENDATORY 47 O.S. 2011, Section 1132, as
246-last amended by Section 2 of Enrolled Senate Bill No. 313 of the 1st
247-Session of the 58th Oklahoma Legislature , is amended to read as
248-follows:
249-
551+amended by Section 2, Chapte r 337, O.S.L. 2012 (47 O.S. Supp. 2020,
552+Section 1132), is amended to read as follows:
250553 Section 1132. A. For all vehicles, unless otherwise
251554 specifically provided by the Oklahoma Vehicle License and
252555 Registration Act, a registration fee shall be assessed at the time
253556 of initial registration by the owner and annually thereafter, for
254557 the use of the avenues of public access within this state in the
255558 following amounts:
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257559 1. For the first through the fourth year of registration in
258560 this state or any other state, Eight y-five Dollars ($85.00);
259-
260561 2. For the fifth through the eighth year of registration in
261562 this state or any other state, Seventy -five Dollars ($75.00);
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263563 3. For the ninth through the twelfth year of registration in
264564 this state or any other state, Fifty -five Dollars ($55.00);
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266591 4. For the thirteenth through the sixteenth year of
267592 registration in this state or any other state, Thirty -five Dollars
268593 ($35.00); and
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270594 5. For the seventeenth and any following year of registration
271595 in this state or any other state, Fifteen Dol lars ($15.00).
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273596 The registration fee provided for in this subsection shall be in
274597 lieu of all other taxes, general or local, unless otherwise
275598 specifically provided.
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277-On and after January 1, 2022, if a special or personalized
278-license plate is issued pursuant to Sections 1135.1 through 1135.7
279-of this title, any registration fee required for such plate and the
280-fee required pursuant to this subsection shall be remitted at the
281-same time and subject to a single registration period. Upon receipt
282-of a special or personalized plate, the standard issue license plate
283-must be surrendered to the Oklahoma Tax Commission or motor license
284-agent. The special or personalized plate must be properly displayed
285-as required for a standard issue and will be the sole plate
286-issued/assigned to the vehicle. The Oklahoma Tax Commission shall
287-determine, by rule, a method for making required fee adjustments
288-when a special or personalized license plate is obtained during a
289-twelve-month period for which a registration fee has already been
290-remitted pursuant to this subsection. The combination of fees in a
291-single remittance shall not alter the apportionment otherwise
292-provided for by law.
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294599 B. For all-terrain vehicles and motorcycles used exclusively
295600 for use off roads or highways p urchased on or after July 1, 2005,
296601 and for all-terrain vehicles and motorcycles used exclusively for
297602 use off roads or highways purchased prior to July 1, 2005, which the
298603 owner chooses to register pursuant to the provisions of Section
299604 1115.3 of this title, an initial and nonrecurring registration fee
300605 of Eleven Dollars ($11.00) shall be assessed at the time of initial
301606 registration by the owner. Nine Dollars ($9.00) of the registration
302607 fee shall be deposited in the Oklahoma Tax Commission Reimbursement
303608 Fund. Two Dollars ($2.00) of the registration fee shall be retained
304609 by the motor license agent. The fees required by subsection A of
305610 this section shall not be required for all -terrain vehicles or
306611 motorcycles used exclusively off roads and highways.
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308612 C. For utility vehicles used exclusively for use off roads or
309613 highways purchased on or after July 1, 2008, and for utility
310614 vehicles used exclusively for use off roads or highways purchased
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311641 prior to July 1, 2008, which the owner chooses to register pursuant
312642 to the provisions of Section 1115.3 of this title, an initial and
313643 nonrecurring registration fee of Eleven Dollars ($11.00) shall be
314-assessed at the time of initial registration by the owner. Nine ENR. H. B. NO. 1065 Page 8
644+assessed at the time of initial registration by the owner. Nine
315645 Dollars ($9.00) of the registration fee shall be deposited in the
316646 Oklahoma Tax Commission Reimbursement Fund. Two Dollars ($2.00) of
317647 the registration fee shall be retained by the motor license agent.
318648 The fees required by subsection A of this section shall not be
319649 required for utility vehicles used exclusively off roads an d
320650 highways.
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322651 D. There shall be a credit allowed with respect to the fee for
323652 registration of a new vehicle which is a replacement for:
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325653 1. A new original vehicle which is stolen from the
326654 purchaser/registrant within ninety (90) days of the date of purchase
327655 of the original vehicle as certified by a police report or other
328656 documentation as required by the Oklahoma Tax Commission; or
329-
330657 2. A defective new original vehicle returned by the
331658 purchaser/registrant to the seller within six (6) months of the date
332659 of purchase of the defective new original vehicle as certified by
333660 the manufacturer.
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335661 The credit shall be in the amount of the fee for registration
336662 which was paid for the new original vehicle and shall be applied to
337663 the registration fee for the replacement vehicle. In no event will
338664 the credit be refunded.
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340691 E. Upon every transfer or change of ownership of a vehicle, the
341692 new owner shall obtain title for and, except in the case of salvage
342693 vehicles and manufactured homes, register the vehicle within thirty
343694 (30) days of change of ownership and pay a transfer fee of Fifteen
344-Dollars ($15.00) in addition to any other fees provided for in the
345-Oklahoma Vehicle License and Registration Act . No new decal shall
346-be issued to the registrant. Thereafter, the owner shall register
347-the vehicle annually on the anniversary date of its initial
348-registration in this state and shall pay the fees provided in
349-subsection A of this section and receive a decal evidencing such
350-payment. Provided, used motor vehicle dealers shall be exempt from
351-the provisions of this section.
352-
695+Dollars ($15.00) in addition to any other fees provided for in this
696+act. No new decal shall be issued to the registrant. Thereafter,
697+the owner shall register the vehicle annually on the anniversary
698+date of its initial registration in this state and shall pay the
699+fees provided in subsection A of this section and receive a decal
700+evidencing such payment. Provided, used motor vehicle dealers shall
701+be exempt from the provisions of this section.
353702 F. In the event a new or used vehicle is not registered, titled
354703 and tagged within thirty (30) days from the date of transfer of
355704 ownership, the penalty for the failure of the owner of the vehicle
356705 to register the vehicle within thirty (30) days shall be One Dollar
357-($1.00) per day, provided that in no event shall the penalty exceed
358-One Hundred Dollars ($100.00). No penalty shall be waived by the
359-Oklahoma Tax Commission or any motor license agent except as ENR. H. B. NO. 1065 Page 9
706+($1.00) per day, provided that in no event shall the total
707+cumulative penalty related to delinquent registration exceed One
708+Hundred Dollars ($100.00). No penalty shall be waived by the
709+Oklahoma Tax Commission or any motor license agent except as
360710 provided in subsection C of Section 1127 of this title , or when it
361711 can be shown the vehicle was stolen as certified by a police report
362712 or other documentation as required by the Oklahoma Tax Commission .
363713 Of each dollar penalty collected pursuant to this subsection:
364714
715+ENGR. H. B. NO. 1065 Page 13 1
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365740 1. Twenty-one cents ($0.21) shall be apportioned as provided in
366741 Section 1104 of this title;
367-
368742 2. Twenty-one cents ($0.21) shall be retained by the motor
369743 license agent; and
370-
371744 3. Fifty-eight cents ($0.58) shall be deposited in the General
372745 Revenue Fund.
373-
374-SECTION 3. This act shall become effective November 1, 2021. ENR. H. B. NO. 1065 Page 10
375-Passed the House of Representatives the 28th day of April, 2021.
746+SECTION 3. This act shall become effective November 1, 2021.
747+Passed the House of Representatives the 9th day of March, 2021.
376748
377749
378750
379751
380752 Presiding Officer of the House
381753 of Representatives
382754
383755
384-Passed the Senate the 13th day of April, 2021.
756+Passed the Senate the ___ day of __________, 2021.
385757
386758
387759
388760
389761 Presiding Officer of the Senate
390762
391763
392764
393-OFFICE OF THE GOVERNOR
394-Received by the Office of the Governor this ____________________
395-day of ___________________, 20_______, at _______ o'clock _______ M.
396-By: _________________________________
397-Approved by the Governor of the State of Oklahoma this _________
398-day of ___________________, 20_______, at _______ o'clock _______ M.
399-
400-
401- _________________________________
402- Governor of the State of Oklahoma
403-
404-OFFICE OF THE SECRETARY OF STATE
405-Received by the Office of the Secretary of State this __________
406-day of ___________________, 20_______, at _______ o'clock _______ M.
407-By: _________________________________