Oklahoma 2022 Regular Session

Oklahoma House Bill HB1136 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB1136 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1136 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 11, 2022
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1136 By: Fetgatter of the House
35	30
36	31		and
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38	33		Rogers of the Senate
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43	38		An Act relating to motor vehicles; requiring the
44	39		registration and titling of High -mobility
45	40		Multipurpose Wheeled Vehicles; requiring the
46	41		promulgation of certain rul es; authorizing operation
47	42		of High-mobility Multipurpose Wheeled Vehicles;
48	43		requiring compliance with certain regulations and
49		-	rules; amending 47 O.S. 20 21, Section 1102, which
50		-	relates to definitions used in the Oklahoma Vehicle
51		-	License and Registration Act; defining term; and
52		-	providing for codification .
	44	+	rules; amending 47 O.S. 2011, Section 1102, as last
	45	+	amended by Section 1, Chapter 57, O.S.L. 2016 (47
	46	+	O.S. Supp. 2020, Section 1102), which relates to
	47	+	definitions used in the Oklahoma Vehicle License and
	48	+	Registration Act; defining term; providing for
	49	+	codification; and providing an effective date .
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57	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	55		SECTION 1. NEW LAW A new section of law to be codified
59	56		in the Oklahoma Statutes as Section 1151.5 of Title 47, unless there
60	57		is created a duplication in numbering, reads as follows:
61	58		A. High-mobility Multipurpose Wheeled Vehicles (HMMWVs) shall
62	59		be titled and registered pursuant to the provisions of the Oklahoma
63	60		Vehicle License and Registration Act. The Oklahoma Tax Commission
64	61		shall promulgate rules for the titling and registration of HMMWVs.
65	62		B. High-mobility Multipurpose Wheeled Vehicles (HMMWVs) which
66	63		have been titled and registered pursuant to the provisions of the
	64	+	Oklahoma Vehicle License and Registration Act may be operated on the
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	66	+	ENGR. H. B. NO. 1136 Page 2 1
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94		-	Oklahoma Vehicle License and Registration Act may be operated on the
95	91		roadways of this state. Operators of HMMWVs shall comply with all
96	92		traffic regulations and rules of conduct for the operation of mot or
97	93		vehicles on the roadways of this state as provided by law.
98		-	SECTION 2. AMENDATORY 47 O.S. 20 21, Section 1102, is
99		-	amended to read as follow s:
	94	+	SECTION 2. AMENDATORY 47 O.S. 2011, Section 1102, as
	95	+	last amended by Section 1, Chapter 57, O.S.L. 2016 (47 O.S. Supp.
	96	+	2020, Section 1102), is amended to read as follow s:
100	97		Section 1102. As used in the Oklahoma Vehicle License and
101	98		Registration Act:
102	99		1. "All-terrain vehicle" means a vehicle manufactured and used
103	100		exclusively for off-highway use traveling on four or more non -
104	101		highway tires, and being fifty (50) inches or less in width;
105	102		2. "Carrying capacity" means the carrying capacity of a vehicle
106	103		as determined or declared in tons of cargo or payload by the owner;
107	104		provided, that such declared capacity shall not be less than the
108	105		minimum tonnage capacity fixed, listed or adver tised by the
109	106		manufacturer of any vehicle;
110	107		3. "Certificate of title" means a document which is proof of
111	108		legal ownership of a motor vehicle as described and provided for in
112	109		Section 1105 of this title;
113	110		4. "Chips and oil" or the term "road oil and crushed ro ck"
114	111		means, with respect to materials authorized for use in the surfacing
115	112		of roads or highways as provided for in this title or in any
116	113		equivalent statute pertaining to road or highway surfacing in the
117	114		State of Oklahoma, any asphaltic materials. Wherever ch ips and oil
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145	141		or road oil and crushed rock are authorized for use in the surfacing
146	142		of roads or highways in this state, whether by the Department of
147	143		Transportation, or by the county commissioners, or other road
148	144		building authority subject to the Oklahoma Vehic le License and
149	145		Registration Act, asphaltic materials are also authorized for use in
150	146		such surfacing and construction;
151	147		5. "Combined laden weight" means the weight of a truck or
152	148		station wagon and its cargo or payload transported thereon, or the
153	149		weight of a truck or truck-tractor plus the weight of any trailers
154	150		or semitrailers together with the cargo or payload transported
155	151		thereon;
156	152		6. "Commercial trailer" means any trailer, as defined in
157	153		Section 1-180 of this title, or semitrailer, as defined in Section
158	154		1-162 of this title, when such trailer or semitrailer is used
159	155		primarily for business or commercial purposes;
160	156		7. "Commercial trailer dealer" means any person, firm or
161	157		corporation engaged in the business of selling any new and unused,
162	158		or used, or both new and us ed commercial trailers;
163	159		8. "Commercial vehicle" means any vehicle over eight thousand
164	160		(8,000) pounds combined laden weight used primarily for business or
165	161		commercial purposes. Each motor vehicle being registered pursuant
166	162		to the provisions of this section shall have the name of the
167	163		commercial establishment or the words "Commercial Vehicle"
168	164		permanently and prominently displayed upon the outside of the
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196	191		vehicle in letters not less than two (2) inches high. Such letters
197	192		shall be in sharp contrast to the backgr ound and shall be of
198	193		sufficient shape and color as to be readily legible during daylight
199	194		hours, from a distance of fifty (50) feet while the vehicle is not
200	195		in motion;
201	196		9. "Commission" or "Tax Commission" means the Oklahoma Tax
202	197		Commission;
203	198		10. "Construction machinery" means machines or devices drawn as
204	199		trailers which are designed and used for construction, tree trimming
205	200		and waste maintenance projects, which derive no revenue from the
206	201		transportation of persons or property, whose use of the highway is
207	202		only incidental and which are not mounted or affixed to another
208	203		vehicle; provided, construction machinery shall not include
209	204		implements of husbandry as defined in Section 1 -125 of this title;
210	205		11. "Dealer" means any person, firm, association, corporation
211	206		or trust who sells, solicits or advertises the sale of new and
212	207		unused motor vehicles and holds a bona fide contract or franchise in
213	208		effect with a manufacturer or distributor of a particular make of
214	209		new or unused motor vehicle or vehicles for the sale of same;
215	210		12. "Mini-truck" means a foreign -manufactured import or
216	211		domestic-manufactured vehicle powered by an internal combustion
217	212		engine with a piston or rotor displacement of one thousand cubic
218		-	centimeters (1,000 cc) or less, which is sixty -seven (67) inches or
219		-	less in width, with an unladen dry weight of three thousand four
	213	+	centimeters (1,000 cu cm) or less, which is sixty -seven (67) inches
	214	+	or less in width, with an unladen dry weight of three thousand four
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247	241		hundred (3,400) pounds or less, traveling on four or more tires,
248	242		having a top speed of approximately fifty -five (55) miles per hour,
249	243		equipped with a bed or compartment for hauling, and having an
250	244		enclosed passenger cab "High-mobility Multipurpose Wheeled Vehicle"
251	245		or "HMMWV" means a four -wheel-drive tactical military vehicle that
252	246		can carry a wide variety of military hardware, more commonly known
253	247		as a Humvee;
254	248		13. "Interstate commerce" means any comm erce moving between any
255	249		place in a state and any place in another state or between places in
256	250		the same state through another state;
257	251		14. "Laden weight" means the combined weight of a vehicle when
258	252		fully equipped for use and the cargo or payload transported t hereon;
259	253		provided, that in no event shall the laden weight be less than the
260	254		unladen weight of the vehicle fully equipped for use, plus the
261	255		manufacturer's rated carrying capacity;
262	256		15. "Local authorities" means every county, municipality or
263	257		local board or body having authority to adopt police regulations
264	258		under the Constitution and laws of this state;
265	259		16. "Low-speed electrical vehicle" means any four -wheeled
266	260		electrical vehicle that is powered by an electric motor that draws
267	261		current from rechargeable storage b atteries or other sources of
268	262		electrical current and whose top speed is greater than twenty (20)
269	263		miles per hour but not greater than twenty -five (25) miles per hour
270	264		and is manufactured in compliance with the National Highway Traffic
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298	291		Safety Administration st andards for low-speed vehicles in 49 C.F.R.
299	292		571.500;
300	293		17. "Manufactured home" means a residential dwelling built in
301	294		accordance with the National Manufactured Housing Construction and
302	295		Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and
303	296		rules promulgated pursuant thereto and the rules promulgated by the
304	297		Oklahoma Used Motor Vehicle and Parts Commission pursuant to Section
305	298		582 of this title. Manufactured home shall not mean a park model
306	299		recreational vehicle as defined in this section;
307	300		18. "Manufactured home dealer" means any person, firm or
308	301		corporation engaged in the business of selling any new and unused,
309	302		or used, or both new and used manufactured homes. Such information
310	303		and a valid franchise letter as proof of authorization to sell any
311	304		such new manufactured home product line or lines shall be attached
312	305		to the application for a dealer license to sell manufactured homes.
313	306		"Manufactured home dealer " shall not include any person, firm or
314	307		corporation who sells or contracts for the sale of the dealer 's own
315	308		personally titled manufactured home or homes. No person, firm or
316	309		corporation shall be considered a manufactured home dealer as to any
317	310		manufactured home purchased or acquired by such person, firm or
318	311		corporation for purposes other than resale; provid ed, that the
319	312		restriction set forth in this sentence shall not prevent an
320	313		otherwise qualified person, firm or corporation from utilizing a
321	314		single manufactured home as a sales office;
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349	341		19. "Medium-speed electrical vehicle" means any self -propelled,
350	342		electrically powered four-wheeled motor vehicle, equipped with a
351	343		roll cage or crush-proof body design, whose speed attainable in one
352	344		(1) mile is more than thirty (30) miles per hour but not greater
353	345		than thirty-five (35) miles per hour;
354	346		20. "Mini-truck" means a foreign-manufactured import or
355	347		domestic-manufactured vehicle powered by an internal combustion
356	348		engine with a piston or rotor displacement of one thousand cubic
357	349		centimeters (1,000 cc) or less, which is sixty -seven (67) inches or
358	350		less in width, with an unladen dry weight of three thousand four
359	351		hundred (3,400) pounds or less, traveling on four or more tires,
360	352		having a top speed of approximately fifty -five (55) miles per hour,
361	353		equipped with a bed or compartment for hauling, and having an
362	354		enclosed passenger cab;
363	355		21. "Motor license agent" means any person appointed,
364	356		designated or authorized by the Oklahoma Tax Commission to collect
365	357		the fees and to enforce the provisions provided for in the Oklahoma
366	358		Vehicle License and Registration Act;
367	359		21. 22. "New vehicle" or "unus ed vehicle" means a vehicle which
368	360		has been in the possession of the manufacturer, distributor or
369	361		wholesaler or has been sold only by the manufacturer, distributor or
370	362		wholesaler to a dealer;
371	363		22. 23. "Nonresident" means any person who is not a resident of
372	364		this state;
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400	391		23. 24. "Off-road motorcycle" means any motorcycle, as defined
401	392		in Section 1-135 of this title, when such motorcycle has been
402	393		manufactured for and used exclusively off roads, highways and any
403	394		other paved surfaces;
404	395		24. 25. "Owner" means any pers on owning, operating or
405	396		possessing any vehicle herein defined;
406	397		25. 26. "Park model recreational vehicle" means a vehicle that
407	398		is:
408	399		a. designed and marketed as temporary living quarters for
409	400		camping, recreational, seasonal or travel use,
410	401		b. not permanently affixed to real property for use as a
411	402		permanent dwelling,
412	403		c. built on a single chassis mounted on wheels with a
413	404		gross trailer area not exceeding four hundred (400)
414	405		square feet in the setup mode, and
415	406		d. certified by the manufacturer as complying with
416	407		standard A119.5 of the American National Standards
417	408		Institute, Inc.;
418	409		26. 27. "Person" means any individual, copartner, joint
419	410		venture, association, corporation, limited liability company,
420	411		estate, trust, business trust, syndicate, the State of Oklahoma, or
421	412		any county, city, municipality, school district or other political
422	413		subdivision thereof, or any group or combination acting as a unit,
423	414		or any receiver appointed by the state or federal court;
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451	441		27. 28. "Rebodied vehicle" means a vehicle:
452	442		a. which has been assembled using a new body or new major
453	443		component which is of the identical type as the
454	444		original vehicle and is licensed by the manufacturer
455	445		of the original vehicle and other original, new or
456	446		reconditioned parts. For purposes of this paragraph,
457	447		"new body or new maj or component" means a new body,
458	448		cab, frame, front-end clip or rear-end clip,
459	449		b. which is not a salvage, rebuilt, or junked vehicle as
460	450		defined by paragraph paragraphs 1, 2, or and 6 of
461	451		subsection A of Section 1105 of this title, and
462	452		c. for which the Tax Com mission has assigned or will
463	453		assign a new identifying number;
464	454		28. 29. "Recreational off-highway vehicle" means a vehicle
465	455		manufactured and used exclusively for off -highway use, traveling on
466	456		four or more non-highway tires, and being sixty -five (65) inches or
467	457		less in width;
468	458		29. 30. "Recreational vehicle" means every vehicle which is
469	459		built on or permanently attached to a self -propelled motor chassis
470	460		or chassis cab which becomes an integral part of the completed
471	461		vehicle and is capable of being operated on the highways. In order
472	462		to qualify as a recreational vehicle pursuant to this paragraph such
473	463		vehicle shall be permanently constructed and equipped for human
474	464		habitation, having its own sleeping and kitchen facilities,
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502	491		including permanently affixed cooking facil ities, water tanks and
503	492		holding tank with permanent toilet facilities. Recreational vehicle
504	493		shall not include manufactured homes or any vehicle with portable
505	494		sleeping, toilet and kitchen facilities which are designed to be
506	495		removed from such vehicle. Recre ational vehicle shall include park
507	496		model recreational vehicles as defined in this section;
508	497		30. 31. "Remanufactured vehicle" means a vehicle which has been
509	498		assembled by a vehicle remanufacturer using a new body and which may
510	499		include original, reconditioned , or remanufactured parts, and which
511	500		is not a salvage, rebuilt, or junked vehicle as defined by
512	501		paragraphs 1, 2, and 6, respectively, of subsection A of Section
513	502		1105 of this title;
514	503		31. 32. "Rental trailer" means all small or utility trailers or
515	504		semitrailers constructed and suitable for towing by a passenger
516	505		automobile and designed only for carrying property, when the
517	506		trailers or semitrailers are owned by, or are in the possession of,
518	507		any person engaged in renting or leasing such trailers or
519	508		semitrailers for intrastate or interstate use or combined intrastate
520	509		and interstate use;
521	510		32. 33. "Special mobilized machinery" means special purpose
522	511		machines or devices, either self -propelled or drawn as trailers or
523	512		semitrailers, which derive no revenue from the transpo rtation of
524	513		persons or property, whose use of the highway is only incidental,
525	514		and whose useful revenue -producing service is performed at
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553	541		destinations in an area away from the traveled surface of an
554	542		established open highway;
555	543		33. 34. "State" means the State of Oklahoma;
556	544		34. 35. "Station wagon" means any passenger vehicle which does
557	545		not have a separate luggage compartment or trunk and which does not
558	546		have open beds, and has one or more rear seats readily lifted out or
559	547		folded, whether same is called a station w agon or ranch wagon;
560		-	35. 36. “Street-legal utility vehicle” means a vehicle meeting
561		-	the description and specifications of Section 1 of this act 1-171.1
562		-	of this title;
563		-	36. 37. "Travel trailer" means any vehicular portable structure
	548	+	35. 36. "Travel trailer" means any vehicular portable structure
564	549		built on a chassis, used as a temporary dwelling for travel,
565	550		recreational or vacational use, and, when factory -equipped for the
566	551		road, it shall have a body width not excee ding eight (8) feet and an
567	552		overall length not exceeding forty (40) feet, including the hitch or
568	553		coupling;
569		-	37. 38. "Travel trailer dealer" means any ~~perso n~~, firm or
	554	+	36. 37. "Travel trailer dealer" means any person, firm or
570	555		corporation engaged in the business of selling any new and unused,
571	556		or used, or both new and used travel trailers. Such information and
572	557		a valid franchise letter as proof of authorization to sell any such
573	558		new travel trailer product line or lines shall be attached to the
574	559		application for a dealer license to sell travel trailers. "Travel
575	560		trailer dealer" shall not include any person, firm or corporation
576	561		who sells or contracts for the sale of his or her own personally
	562	+	titled travel trailer or trailers. No person, firm or corporation
	563	+	shall be considered as a travel trailer dealer as to any travel
577	564
578		-	SENATE FLOOR VERSION - HB1136 SFLR Page 12
579		-	(Bold face denotes Committee Amendments) 1
	565	+	ENGR. H. B. NO. 1136 Page 12 1
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604		-	titled travel trailer or trailers . No person, firm or corporation
605		-	shall be considered as a travel trailer dealer as to any travel
606	590		trailer purchased or acquired by such person, firm or corporation
607	591		for purposes other than resale;
608		-	38. 39. "Used motor vehicle dealer" means "used motor ~~vehic le~~
	592	+	37. 38. "Used motor vehicle dealer" means "used motor vehicle
609	593		dealer" as defined in Section 581 of this title;
610		-	39. 40. "Used vehicle" means any vehicle which ha s been sold,
	594	+	38. 39. "Used vehicle" means any vehicle which ha s been sold,
611	595		bargained, exchanged or given away, or used to the extent that it
612	596		has become what is commonly known, and generally recognized, as a
613	597		"secondhand" vehicle. This shall also include any vehicle other
614	598		than a remanufactured vehicle, regardless of a ge, owned by any
615	599		person who is not a dealer;
616		-	40. 41. "Utility vehicle" means a vehicle powered by an
	600	+	39. 40. "Utility vehicle" means a vehicle powered by an
617	601		internal combustion engine, manufactured and used exclusively for
618	602		off-highway use, equipped with seating for two or more people and a
619	603		steering wheel, trav eling on four or more wheels;
620		-	41. 42. "Vehicle" means any type of conveyance or device in,
	604	+	40. 41. "Vehicle" means any type of conveyance or device in,
621	605		upon or by which a person or property is or may be transported from
622	606		one location to another upon the avenues of public access within the
623	607		state. "Vehicle" does not include bicycles, trailers except travel
624	608		trailers and rental trailers, or implements of husbandry as defined
625	609		in Section 1-125 of this title. All implements of husbandry used as
626	610		conveyances shall be required to display the owner's driver license
627	611		number or license plate number of any vehicle owned by the owner of
	612	+	the implement of husbandry on the rear of the implement in numbers
	613	+	not less than two (2) inches in height. The use of the owner's
628	614
629		-	SENATE FLOOR VERSION - HB1136 SFLR Page 13
630		-	(Bold face denotes Committee Amendments) 1
	615	+	ENGR. H. B. NO. 1136 Page 13 1
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655		-	the implement of husbandry on the rear of the implement in numbers
656		-	not less than two (2) inches in height. The use of the owner's
657	640		Social Security number on the rear of the implement of husbandry
658	641		shall not be required; and
659		-	42. 43. "Vehicle remanufacturer" means a commercial entity
	642	+	41. 42. "Vehicle remanufacturer" means a commercial entity
660	643		which assembles remanufactured vehicles.
661		-	COMMITTEE REPORT BY: COMMITT EE ON PUBLIC SAFETY
662		-	April 11, 2022 - DO PASS
	644	+	SECTION 3. This act shall become effective November 1, 20 21.
	645	+	Passed the House of Representatives the 9th day of March, 2021.
	646	+
	647	+
	648	+
	649	+
	650	+	Presiding Officer of the House
	651	+	of Representatives
	652	+
	653	+
	654	+	Passed the Senate the ___ day of __________, 2021.
	655	+
	656	+
	657	+
	658	+
	659	+	Presiding Officer of the Senate