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SENATE FLOOR VERSION
April 7, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2202 By: Wolfley of the House
and
Dahm of the Senate
An Act relating to the Oklahoma Vehicle License and
Registration Act; amending 47 O.S. 2011, Section
1151, as amended by Section 3, Chapter 337, O.S.L.
2012 (47 O.S. Supp. 2020, Section 1151), which
relates to unlawful acts ; prohibiting the issuance of
a citation for delinquent registration dur ing certain
period; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 1151, as
amended by Section 3, Chapter 337, O.S.L. 2012 (47 O.S. Supp. 202 0,
Section 1151), is amended to read as follows:
Section 1151. A. It shall be unlawful for any person to commit
any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by,
one not entitled thereto any certificate of title, li cense plate or
decal issued to or in the custody of the person so lending or
permitting the use thereof;
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2. To alter or in any manner change a certificate of title,
registration certificate, license plate or dec al issued under the
laws of this or any othe r state;
3. To procure from another state or co untry, or display upon
any vehicle owned by such person within this state, except as
otherwise provided in the Oklahoma Vehicle License and Registration
Act, any license plate issued by any state or country o ther than
this state, unless there shall be disp layed upon such vehicle at all
times the current license plate and decal assigned to it by the
Oklahoma Tax Commission or the Corporation Commission or the vehicle
shall display evidence that the vehicle is r egistered as a
nonresident vehicle pursuant to r ules promulgated by the Tax
Commission, with the concurrence of the Department of Public Safety.
A violation of the provisions of this paragraph shall be presumed to
have occurred if a person who is the hold er of an Oklahoma driver
license operates a vehi cle owned by such person on the public roads
or highways of this state and there is not displayed on the vehicle
a current Oklahoma license plate and decal, unless the vehicle is
owned by a member of the Arme d Forces of the United States assigned
to duty in this state in compliance with official military or naval
orders or the spouse of such a member of the Armed Forces;
4. To drive, operate or move, or for the owne r to cause or
permit to be driven or moved, upon the roads, streets or highways of
this state, any vehicle loaded in excess of its registered laden
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weight, or which is licensed for a capacity less than the
manufacturer’s rated capacity as provided for in t he Oklahoma
Vehicle License and Registration Act;
5. To operate a vehicle without proper li cense plate or decal
or on which all taxes due the state have not been paid . No citation
may be issued by any state, county or municipal law enforcement
officer during the thirty-day period immediately succeeding the last
day of the month during which a v ehicle registration should have
been renewed and a current license plate decal obtained and
displayed on the license plate of the vehicle ;
6. To buy, sell or dispo se of, or possess for sale, use or
storage, any secondhand or used vehicle on which the regi stration or
license fee has not been paid, as required by law, and on which
vehicle the person neglects, fails or refuses to display at all
times the license plate or decal assigned to it;
7. To give a fictitious name or fictitious address or make any
misstatement of facts in application for certificate of title and
registration of a vehicle;
8. To purchase a license plate on an assigned certificate of
title. This particular paragraph shall be appli cable to all persons
except a bona fide registered deale r in used cars who are holders of
a current and valid used car dealer license;
9. To operate a vehicle upon the highways of this state after
the registration deadl ine for that vehicle without a prope r license
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plate, as prescribed by the Oklahoma Vehicle L icense and
Registration Act, for the current year;
10. For any owner of a vehicle registered on the basis of laden
weight to fail or refuse to weigh or reweigh it when requested to do
so by any enforcement officer charged with the duty of enforcing
this law;
11. To operate or possess any vehicle which bears a motor
number or serial number other than the original number placed
thereon by the factory except a number duly assigned and authorized
by the state;
12. For any motor license agent to release a lic ense plate, a
manufactured home registration receipt, decal or excise tax receipt
to any unauthorized person or source , including any dealer in new or
used motor vehicles. Violation of this paragraph shall constitute
sufficient grounds for discharge of a motor license agent by the Tax
Commission;
13. To operate any vehicle registered as a commercial vehicle
without the lettering requirements of Section 1102 of this title; or
14. To operate any vehic le in violation of the provisions of
Sections 7-600 through 7-606 of this title while displaying a yearly
decal issued to the owner who has filed an affidavit with the
appropriate motor license agent in accordance with S ection 7-607 of
this title.
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Any person convicted of violating any provision of this
subsection, other than paragraph 3 of this subsection, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine not to exceed Five Hundred Do llars ($500.00). Any person
convicted of violating the provisions of paragraph 3 of this
subsection shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than One Hundred
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00)
and shall be required to obtain an Oklahoma license plate.
Employees of the Corporation Commission may be authorized by the
Corporation Commission to issue citations to motor carriers or
operators of commercial motor vehicle s, pursuant to the jurisdiction
of the Corporation Commission, for a violation of this subse ction.
If a person convicted of violating the provisions of this subsection
was issued a citation by a duly authorized employee of the
Corporation Commission, the fine herein levied shall be apportio ned
as provided in Section 1167 of this title.
B. Except as otherwise authorized by law, it shall be unlawful
to:
1. Lend or sell to, or knowingly permit the use of by, one not
entitled thereto any certificate of title issued for a manufactured
home, manufactured home registration receipt, manufactured home
registration decal or excise tax receipt;
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2. Alter or in any manner change a certificate of title issued
for a manufactured home under the laws of this state or any other
state;
3. Remove or alter a manufactured home registration receipt,
manufactured home registration decal or excise tax receipt attached
to a certificate of title or attach such receipts to a certificate
of title with the intent to misrepresent the payment of the required
excise tax and registration fees;
4. Buy, sell, or dispose of, or possess for sale, use or
storage any used manufactured home on which the registration fees or
excise taxes have not been paid as required by law; or
5. Purchase identification, manufactured home regis tration
receipt, manufactured home registration decal or excise tax receipt
on an assigned certificate of title.
Anyone violating the provisions of this subsection, upon
conviction, shall be guilty of a felony.
C. In the event a new vehicle is not registe red within thirty
(30) days from date of purchase, the p enalty 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 penalty exceed One Hundred Dollars ($100.00). No penalty
shall be waived by the Ok lahoma Tax Commission or any motor license
agent except as provided in subsection C of Section 1127 of this
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title. Of each dollar penalty collected pursuant to thi s
subsection:
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 deposi ted in the General
Revenue Fund. The penalty for new commerc ial vehicles shall be
equal to the license fee for such vehicles.
If a used vehicle is brought into Oklahoma by a resident of this
state and is not registered within thirty (30) days, a penalty of
One Dollar ($1.00) per day shall be charged from the date o f entry
to the date of registration; provided, that in n o event shall the
penalty 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.
Of each dollar penalty collected pursua nt to this subsection:
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 b y the motor
license agent; and
3. Fifty-eight cents ($0.58) shall be deposi ted in the General
Revenue Fund. The penalty for used commercial vehicles shall be
equal to the license fee for such vehicles.
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D. Any owner who knowingly makes or causes to be ma de any false
statement of a fact req uired in this section to be shown in an
application for the registration of one or more vehicles shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined
not more than One Thousand Dollars ($1,000.00) , or shall be
imprisoned in the coun ty jail for not more than one (1) year, or by
both such fine and imprisonment.
E. The following self-propelled or motor-driven and operated
vehicles shall not be registered under the provisions of the
Oklahoma Vehicle License and Registration Act or, exce pt as provided
for in Section 11-1116 of this title, be permitted to be operated on
the streets or highways of this state:
1. Vehicles known and commonly referred to as “minibikes” and
other similar trade names; provide d, minibikes may be registered and
operated in this state by food vendor services upon stree ts having a
speed limit of thirty (30) miles per hour or less;
2. Golf carts;
3. Go-carts; and
4. Other motor vehicles, except motorcycles, which are
manufactured principally for use off the street s and highways.
Transfers and sales of such vehicles sha ll be subject to sales
tax and not motor vehicle excise taxes.
F. Any person violating paragraph 3 or 6 of subsection A of
this section, in addition to the penal p rovisions provided in this
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section, shall pay as additional penalty a sum equal to the amoun t
of license fees due on such vehicle or registration fees due on a
manufactured home known to be in violation and such amount is hereby
declared to be a lien upon the vehicle as provided in the Oklah oma
Vehicle License and Registration Act. In addition t o the penalty
provisions provided in this section, any person violating paragraph
3 of subsection A of this section shall be deemed guilty of a
misdemeanor and shal l, upon conviction, be punished by a fine of One
Hundred Dollars ($100.00).
G. Each violation of any provision of the Oklahoma Vehicle
License and Registration Act for each and every day such violation
has occurred shall constitute a separate offense.
H. Anyone violating any of the provisi ons heretofore enumerated
in this section shall be guilt y of a misdemeanor and upon conviction
shall be fined not less than Ten Dollars ($10.00) and not to exceed
Three Hundred Dollars ($300.00).
I. Any violation of any portion of the Oklahoma Vehicle Lic ense
and Registration Act where a specific penalty has n ot been imposed
shall constitute a misdemeanor and upon conviction thereof the
person having violated it shall be fined not less than Ten Dollars
($10.00) and not to exceed Three Hundred Dollars ($300 .00).
J. Any provision of the Oklahoma Vehicle License and
Registration Act providing for proportional registration under
reciprocal agreements and the International Registration Plan that
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relates to the promulgation of rules and regulations shall not be
subject to the provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 7, 2021 - DO PASS AS AMENDED