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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
31 | + | BILL NO. 2202 By: Wolfley of the House | |
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33 | + | and | |
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35 | + | Dahm of the Senate | |
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40 | + | An Act relating to motor vehicles; amending 47 O.S. | |
41 | + | 2011, Section 1151, as last amended by Section 3, | |
42 | + | Chapter 337, O.S.L. 2012 (47 O.S. S upp. 2020, Section | |
43 | + | 1151), which relates to offense s and penalties; | |
44 | + | allowing for the operation of a vehicle for certain | |
45 | + | time frame following expiration of license plate; and | |
46 | + | providing an effective date . | |
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52 | + | AMENDMENT NO. 1. Page 1, strike the title, enacti ng clause and | |
53 | + | entire bill and insert | |
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55 | + | ”An Act relating to the Oklahoma Vehicle License and | |
56 | + | Registration Act; amending 47 O.S. 2011, Section | |
57 | + | 1151, as amended by Section 3, Chapter 337, O.S.L. | |
58 | + | 2012 (47 O.S. Supp. 2020, Section 1151), which | |
59 | + | relates to unlawful acts; prohibiting the issuance of | |
60 | + | a citation for delinquent registration during certain | |
61 | + | period; and providing an effective date. | |
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66 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
67 | + | SECTION 1. AMENDATORY 47 O.S. 2011, Secti on 1151, as | |
68 | + | amended by Section 3, Chapter 337, O.S.L. 2012 (47 O.S. Supp. 2020, | |
69 | + | Section 1151), is amended to read as follows: | |
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71 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 2 1 | |
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96 | + | Section 1151. A. It shall be unlawful for any person to commit | |
97 | + | any of the following acts: | |
98 | + | 1. To lend or to sell to, or knowingl y permit the use of by, | |
99 | + | one not entitled thereto any certificate of title, license plate or | |
100 | + | decal issued to or in the custody of the person so lending or | |
101 | + | permitting the use thereof; | |
102 | + | 2. To alter or in any manner change a certificate of title, | |
103 | + | registration certificate, license plate or decal issued under the | |
104 | + | laws of this or any other state; | |
105 | + | 3. To procure from another state or country, or display upon | |
106 | + | any vehicle owned by such person within this state, except as | |
107 | + | otherwise provided in the Oklahoma Vehicle Lic ense and Registration | |
108 | + | Act, any license plate issued by any state or country other than | |
109 | + | this state, unless there shall be displayed upon such vehicle at all | |
110 | + | times the current license plate and decal assigned to it by the | |
111 | + | Oklahoma Tax Commission or the Corpo ration Commission or the vehicle | |
112 | + | shall display evidence that the vehicle is registered as a | |
113 | + | nonresident vehicle pursuant to rules promulgated by the Tax | |
114 | + | Commission, with the concurrence of the Department of Public Safety. | |
115 | + | A violation of the provisions of this paragraph shall be presumed to | |
116 | + | have occurred if a person who is the holder of an Oklahoma driver | |
117 | + | license operates a vehicle owned by such person on the public roads | |
118 | + | or highways of this state and there is not displayed on the vehicle | |
119 | + | a current Oklahoma license plate and decal, unless the vehicle is | |
120 | + | ||
121 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 3 1 | |
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146 | + | owned by a member of the Armed Forces of the United States assigned | |
147 | + | to duty in this state in compliance with official military or naval | |
148 | + | orders or the spouse of such a member of the Armed Forces; | |
149 | + | 4. To drive, operate or move, or for the owner to cause or | |
150 | + | permit to be driven or moved, upon the roads, streets or highways of | |
151 | + | this state, any vehicle loaded in excess of its registered laden | |
152 | + | weight, or which is licensed for a capacity less than the | |
153 | + | manufacturer’s rated capacity as provided for in the Oklahoma | |
154 | + | Vehicle License and Registration Act; | |
155 | + | 5. To operate a vehicle without proper license plate or decal | |
156 | + | or on which all taxes due the state have not been paid . No citation | |
157 | + | may be issued by any state, county or mun icipal law enforcement | |
158 | + | officer during the thirty -day period immediately succeeding the last | |
159 | + | day of the month during which a vehicle registration should have | |
160 | + | been renewed and a current license plate decal obtained and | |
161 | + | displayed on the license plate of the v ehicle; | |
162 | + | 6. To buy, sell or dispose of, or possess for sale, use or | |
163 | + | storage, any secondhand or used vehicle on which the registration or | |
164 | + | license fee has not been paid, as required by law, and on which | |
165 | + | vehicle the person neglects, fails or refuses to displa y at all | |
166 | + | times the license plate or decal assigned to it; | |
167 | + | 7. To give a fictitious name or fictitious address or make any | |
168 | + | misstatement of facts in application for certificate of title and | |
169 | + | registration of a vehicle; | |
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171 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 4 1 | |
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196 | + | 8. To purchase a license plate on an ass igned certificate of | |
197 | + | title. This particular paragraph shall be applicable to all persons | |
198 | + | except a bona fide registered dealer in used cars who are holders of | |
199 | + | a current and valid used car dealer license; | |
200 | + | 9. To operate a vehicle upon the highways of this s tate after | |
201 | + | the registration deadline for that vehicle without a proper license | |
202 | + | plate, as prescribed by the Oklahoma Vehicle License and | |
203 | + | Registration Act, for the current year; | |
204 | + | 10. For any owner of a vehicle registered on the basis of laden | |
205 | + | weight to fail or refuse to weigh or reweigh it when requested to do | |
206 | + | so by any enforcement officer charged with the duty of enforcing | |
207 | + | this law; | |
208 | + | 11. To operate or possess any vehicle which bears a motor | |
209 | + | number or serial number other than the original number placed | |
210 | + | thereon by the factory except a number duly assigned and authorized | |
211 | + | by the state; | |
212 | + | 12. For any motor license agent to release a license plate, a | |
213 | + | manufactured home registration receipt, decal or excise tax receipt | |
214 | + | to any unauthorized person or source , including any dealer in new or | |
215 | + | used motor vehicles. Violation of this paragraph shall constitute | |
216 | + | sufficient grounds for discharge of a motor license agent by the Tax | |
217 | + | Commission; | |
218 | + | 13. To operate any vehicle registered as a commercial vehicle | |
219 | + | without the lettering req uirements of Section 1102 of this title; or | |
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221 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 5 1 | |
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246 | + | 14. To operate any vehicle in violation of the provisions of | |
247 | + | Sections 7-600 through 7-606 of this title while displaying a yearly | |
248 | + | decal issued to the owner who has filed an affidavit with the | |
249 | + | appropriate motor license agent in accordance with Section 7 -607 of | |
250 | + | this title. | |
251 | + | Any person convicted of violating any provision of this | |
252 | + | subsection, other than paragraph 3 of this subsection, shall be | |
253 | + | deemed guilty of a misdemeanor and upon conviction shall be punished | |
254 | + | by a fine not to exceed Five Hundred Dollars ($500.00). Any person | |
255 | + | convicted of violating the provisions of paragraph 3 of this | |
256 | + | subsection shall be deemed guilty of a misdemeanor and, upon | |
257 | + | conviction, shall be punished by a fine of not less than One Hundred | |
258 | + | Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) | |
259 | + | and shall be required to obtain an Oklahoma license plate. | |
260 | + | Employees of the Corporation Commission may be authorized by the | |
261 | + | Corporation Commission to issue citations to motor carriers or | |
262 | + | operators of commercial motor vehicles, pursuant to the jurisdiction | |
263 | + | of the Corporation Commission, for a violation of this subsection. | |
264 | + | If a person convicted of violating the provisions of this subsection | |
265 | + | was issued a citation by a duly authorized employee of the | |
266 | + | Corporation Commission, the fine herein levied shall be apportioned | |
267 | + | as provided in Section 1167 of this title. | |
268 | + | B. Except as otherwise authorized by law, it shall be unlawful | |
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271 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 6 1 | |
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296 | + | 1. Lend or sell to, or knowingly permit the use of by, one not | |
297 | + | entitled thereto any certificate of title issued for a manufactured | |
298 | + | home, manufactured home registration receipt, manufactured home | |
299 | + | registration decal or excise tax receipt; | |
300 | + | 2. Alter or in any manner change a certificate of title issued | |
301 | + | for a manufactured home un der the laws of this state or any other | |
302 | + | state; | |
303 | + | 3. Remove or alter a manufactured home registration receipt, | |
304 | + | manufactured home registration decal or excise tax receipt attached | |
305 | + | to a certificate of title or attach such receipts to a certificate | |
306 | + | of title with the intent to misrepresent the payment of the required | |
307 | + | excise tax and registration fees; | |
308 | + | 4. Buy, sell, or dispose of, or possess for sale, use or | |
309 | + | storage any used manufactured home on which the registration fees or | |
310 | + | excise taxes have not been paid as req uired by law; or | |
311 | + | 5. Purchase identification, manufactured home registration | |
312 | + | receipt, manufactured home registration decal or excise tax receipt | |
313 | + | on an assigned certificate of title. | |
314 | + | Anyone violating the provisions of this subsection, upon | |
315 | + | conviction, shall be guilty of a felony. | |
316 | + | C. In the event a new vehicle is not registered within thirty | |
317 | + | (30) days from date of purchase, the penalty for the failure of the | |
318 | + | owner of the vehicle to register the vehicle within thirty (30) days | |
319 | + | shall be One Dollar ($1.00) per day; provided, that in no event | |
320 | + | ||
321 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 7 1 | |
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346 | + | shall the penalty exceed One Hundred Dollars ($100.00). No penalty | |
347 | + | shall be waived by the Oklahoma Tax Commission or any motor license | |
348 | + | agent except as provided in subsection C of Section 1127 of this | |
349 | + | title. Of each dollar penalty collected pursuant to this | |
350 | + | subsection: | |
351 | + | 1. Twenty-one cents ($0.21) shall be apportioned as provided in | |
352 | + | Section 1104 of this title; | |
353 | + | 2. Twenty-one cents ($0.21) shall be retained by the motor | |
354 | + | license agent; and | |
355 | + | 3. Fifty-eight cents ($0.58) shall b e deposited in the General | |
356 | + | Revenue Fund. The penalty for new commercial vehicles shall be | |
357 | + | equal to the license fee for such vehicles. | |
358 | + | If a used vehicle is brought into Oklahoma by a resident of this | |
359 | + | state and is not registered within thirty (30) days, a p enalty of | |
360 | + | One Dollar ($1.00) per day shall be charged from the date of entry | |
361 | + | to the date of registration; provided, that in no event shall the | |
362 | + | penalty exceed One Hundred Dollars ($100.00). No penalty shall be | |
363 | + | waived by the Oklahoma Tax Commission or any m otor license agent | |
364 | + | except as provided in subsection C of Section 1127 of this title. | |
365 | + | Of each dollar penalty collected pursuant to this subsection: | |
366 | + | 1. Twenty-one cents ($0.21) shall be apportioned as provided in | |
367 | + | Section 1104 of this title; | |
368 | + | 2. Twenty-one cents ($0.21) shall be retained by the motor | |
369 | + | license agent; and | |
370 | + | ||
371 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 8 1 | |
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396 | + | 3. Fifty-eight cents ($0.58) shall be deposited in the General | |
397 | + | Revenue Fund. The penalty for used commercial vehicles shall be | |
398 | + | equal to the license fee for such vehicles. | |
399 | + | D. Any owner who knowingly makes or causes to be made any false | |
400 | + | statement of a fact required in this section to be shown in an | |
401 | + | application for the registration of one or more vehicles shall be | |
402 | + | deemed guilty of a misdemeanor and, upon conviction, shall be fined | |
403 | + | not more than One Thousand Dollars ($1,000.00), or shall be | |
404 | + | imprisoned in the county jail for not more than one (1) year, or by | |
405 | + | both such fine and imprisonment. | |
406 | + | E. The following self -propelled or motor-driven and operated | |
407 | + | vehicles shall not be registered under the pro visions of the | |
408 | + | Oklahoma Vehicle License and Registration Act or, except as provided | |
409 | + | for in Section 11-1116 of this title, be permitted to be operated on | |
410 | + | the streets or highways of this state: | |
411 | + | 1. Vehicles known and commonly referred to as “minibikes” and | |
412 | + | other similar trade names; provided, minibikes may be registered and | |
413 | + | operated in this state by food vendor services upon streets having a | |
414 | + | speed limit of thirty (30) miles per hour or less; | |
415 | + | 2. Golf carts; | |
416 | + | 3. Go-carts; and | |
417 | + | 4. Other motor vehicles, except m otorcycles, which are | |
418 | + | manufactured principally for use off the streets and highways. | |
419 | + | ||
420 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 9 1 | |
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445 | + | Transfers and sales of such vehicles shall be subject to sales | |
446 | + | tax and not motor vehicle excise taxes. | |
447 | + | F. Any person violating paragraph 3 or 6 of subsection A of | |
448 | + | this section, in addition to the penal provisions provided in this | |
449 | + | section, shall pay as additional penalty a sum equal to the amount | |
450 | + | of license fees due on such vehicle or registration fees due on a | |
451 | + | manufactured home known to be in violation and such amount is h ereby | |
452 | + | declared to be a lien upon the vehicle as provided in the Oklahoma | |
453 | + | Vehicle License and Registration Act. In addition to the penalty | |
454 | + | provisions provided in this section, any person violating paragraph | |
455 | + | 3 of subsection A of this section shall be deemed guilty of a | |
456 | + | misdemeanor and shall, upon conviction, be punished by a fine of One | |
457 | + | Hundred Dollars ($100.00). | |
458 | + | G. Each violation of any provision of the Oklahoma Vehicle | |
459 | + | License and Registration Act for each and every day such violation | |
460 | + | has occurred shall c onstitute a separate offense. | |
461 | + | H. Anyone violating any of the provisions heretofore enumerated | |
462 | + | in this section shall be guilty of a misdemeanor and upon conviction | |
463 | + | shall be fined not less than Ten Dollars ($10.00) and not to exceed | |
464 | + | Three Hundred Dollars ($ 300.00). | |
465 | + | I. Any violation of any portion of the Oklahoma Vehicle License | |
466 | + | and Registration Act where a specific penalty has not been imposed | |
467 | + | shall constitute a misdemeanor and upon conviction thereof the | |
468 | + | ||
469 | + | ENGR. S. A. TO ENGR. H. B. NO. 2202 Page 10 1 | |
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494 | + | person having violated it shall be fined not less th an Ten Dollars | |
495 | + | ($10.00) and not to exceed Three Hundred Dollars ($300.00). | |
496 | + | J. Any provision of the Oklahoma Vehicle License and | |
497 | + | Registration Act providing for proportional registration under | |
498 | + | reciprocal agreements and the International Registration Plan th at | |
499 | + | relates to the promulgation of rules and regulations shall not be | |
500 | + | subject to the provisions of this section. | |
501 | + | SECTION 2. This act shall become effective November 1, 2021. ” | |
502 | + | ||
503 | + | Passed the Senate the 15th day of April, 2021. | |
504 | + | ||
505 | + | ||
506 | + | ||
507 | + | Presiding Officer of the Senate | |
508 | + | ||
509 | + | ||
510 | + | Passed the House of Representatives the ____ day of __________, | |
511 | + | 2021. | |
512 | + | ||
513 | + | ||
514 | + | ||
515 | + | Presiding Officer of the House | |
516 | + | of Representatives | |
517 | + | ||
518 | + | ENGR. H. B. NO. 2202 Page 1 1 | |
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543 | + | ENGROSSED HOUSE | |
3 | 544 | BILL NO. 2202 By: Wolfley of the House | |
4 | 545 | ||
5 | 546 | and | |
6 | 547 | ||
7 | 548 | Dahm of the Senate | |
8 | 549 | ||
9 | 550 | ||
10 | 551 | ||
11 | 552 | ||
12 | 553 | ||
13 | 554 | ||
14 | - | An Act relating to the Oklahoma Vehicle License and | |
15 | - | Registration Act; amending 47 O.S. 2011, Section | |
16 | - | 1151, as amended by Section 3, Chapter 337, O.S.L. | |
17 | - | 2012 (47 O.S. Supp. 2020, Section 1151), which | |
18 | - | relates to unlawful acts; prohibiting the issuance of | |
19 | - | a citation for delinquent registration during certain | |
20 | - | period; and providing an effective date. | |
555 | + | ||
556 | + | ||
557 | + | An Act relating to motor vehicles; amending 47 O.S. | |
558 | + | 2011, Section 1151, as last amended by Section 3, | |
559 | + | Chapter 337, O.S.L. 2012 (47 O.S. Supp. 2020, Section | |
560 | + | 1151), which relates to offense s and penalties; | |
561 | + | allowing for the operation of a vehicle for certain | |
562 | + | time frame following expiration of license plate; and | |
563 | + | providing an effective date. | |
21 | 564 | ||
22 | 565 | ||
23 | 566 | ||
24 | 567 | ||
25 | - | SUBJECT: Oklahoma Vehicle License and Registration Act | |
26 | 568 | ||
27 | 569 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
28 | - | ||
29 | - | SECTION 1. AMENDATORY 47 O.S. 2011, Section 1151, as | |
30 | - | amended by Section 3, Chapter 337, O.S.L. 2012 (47 O.S. Supp. 2020, | |
31 | - | Section 1151), is amended to read as follows: | |
32 | - | ||
570 | + | SECTION 3. AMENDATORY 47 O.S. 2011, Section 1151, as | |
571 | + | last amended by Section 3, Chapter 337, O.S.L. 20 12 (47 O.S. Supp. | |
572 | + | 2020, Section 1151), is amended to read as follows: | |
33 | 573 | Section 1151. A. It shall be unlawful for any person to commit | |
34 | 574 | any of the following acts: | |
35 | - | ||
36 | 575 | 1. To lend or to sell to, or knowingly permit the use of by, | |
37 | 576 | one not entitled thereto any cer tificate of title, license plate or | |
38 | 577 | decal issued to or in the custody of the person so lending or | |
39 | 578 | permitting the use thereof; | |
40 | 579 | ||
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41 | 605 | 2. To alter or in any manner change a certificate of title, | |
42 | 606 | registration certificate, license plate or decal issued under the | |
43 | 607 | laws of this or any other state; | |
44 | - | ||
45 | 608 | 3. To procure from another state or country, or display upon | |
46 | - | any vehicle owned by such person within this state, except as | |
609 | + | any vehicle owned by such person within this state, except as | |
47 | 610 | otherwise provided in the Oklahoma Vehicle License and Registration | |
48 | 611 | Act, any license plate issued by a ny state or country other than | |
49 | 612 | this state, unless there shall be displayed upon such vehicle at all | |
50 | 613 | times the current license plate and decal assigned to it by the | |
51 | 614 | Oklahoma Tax Commission or the Corporation Commission or the vehicle | |
52 | 615 | shall display evidence that the vehicle is registered as a | |
53 | 616 | nonresident vehicle pursuant to rules promulgated by the Tax | |
54 | 617 | Commission, with the concurrence of the Department of Public Safety. | |
55 | 618 | A violation of the provisions of this paragraph shall be presumed to | |
56 | 619 | have occurred if a p erson who is the holder of an Oklahoma driver | |
57 | 620 | license operates a vehicle owned by such person on the public roads | |
58 | 621 | or highways of this state and there is not displayed on the vehicle | |
59 | 622 | a current Oklahoma license plate and decal, unless the vehicle is | |
60 | 623 | owned by a member of the Armed Forces of the United States assigned | |
61 | 624 | to duty in this state in compliance with official military or naval | |
62 | 625 | orders or the spouse of such a member of the Armed Forces; | |
63 | - | ||
64 | 626 | 4. To drive, operate or move, or for the owner to cause or | |
65 | 627 | permit to be driven or moved, upon the roads, streets or highways of | |
66 | 628 | this state, any vehicle loaded in excess of its registered laden | |
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67 | 655 | weight, or which is licensed for a capacity less than the | |
68 | - | manufacturer | |
656 | + | manufacturer's rated capacity as provided for in the Oklahoma | |
69 | 657 | Vehicle License and Registration Act; | |
70 | - | ||
71 | 658 | 5. To operate a vehicle without proper license plate or decal | |
72 | - | or on which all taxes due the state have not been paid . No citation | |
73 | - | may be issued by any state, county or municipal law enforcement | |
74 | - | officer during the thirty -day period immediately succeeding the last | |
75 | - | day of the month during which a vehicle registra tion should have | |
76 | - | been renewed and a current license plate decal obtained and | |
77 | - | displayed on the license plate of the vehicle ; | |
78 | - | ||
659 | + | or on which all taxes due the state have not been paid. However, | |
660 | + | there shall be a grace period of one (1) month following the date of | |
661 | + | which taxes are due the state. During the grace period, the vehicle | |
662 | + | may be operated without risk of penalty for late taxes or for | |
663 | + | operating said vehicle during that time ; | |
79 | 664 | 6. To buy, sell or dispose of, or possess for sale, use or | |
80 | 665 | storage, any secondhand or used vehicle on which the re gistration or | |
81 | 666 | license fee has not been paid, as required by law, and on which | |
82 | 667 | vehicle the person neglects, fails or refuses to display at all | |
83 | 668 | times the license plate or decal assigned to it; | |
84 | - | ||
85 | 669 | 7. To give a fictitious name or fictitious address or make any | |
86 | 670 | misstatement of facts in application for certificate of title and | |
87 | 671 | registration of a vehicle; | |
88 | - | ||
89 | 672 | 8. To purchase a license plate on an assigned certificate of | |
90 | - | title. This particular paragraph shall be applicable to all persons | |
673 | + | title. This particular paragraph shall be applicable to all persons | |
91 | 674 | except a bona fide registered dea ler in used cars who are holders of | |
92 | 675 | a current and valid used car dealer license; | |
93 | - | ||
94 | 676 | 9. To operate a vehicle upon the highways of this state after | |
95 | 677 | the registration deadline for that vehicle without a proper license | |
678 | + | ||
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96 | 704 | plate, as prescribed by the Oklahoma Vehicle License and | |
97 | 705 | Registration Act, for the current year; | |
98 | - | ||
99 | 706 | 10. For any owner of a vehicle registered on the basis of laden | |
100 | 707 | weight to fail or refuse to weigh or reweigh it when requested to do | |
101 | 708 | so by any enforcement officer charged with the duty of enforcing | |
102 | 709 | this law; | |
103 | - | ||
104 | 710 | 11. To operate or possess any vehicle which bears a motor | |
105 | 711 | number or serial number other than the original number placed | |
106 | 712 | thereon by the factory except a number duly assigned and authorized | |
107 | 713 | by the state; | |
108 | - | ||
109 | 714 | 12. For any motor license agent to release a l icense plate, a | |
110 | 715 | manufactured home registration receipt, decal or excise tax receipt | |
111 | 716 | to any unauthorized person or source, including any dealer in new or | |
112 | 717 | used motor vehicles. Violation of this paragraph shall constitute | |
113 | 718 | sufficient grounds for discharge of a motor license agent by the Tax | |
114 | 719 | Commission; | |
115 | - | ||
116 | 720 | 13. To operate any vehicle registered as a commercial vehicle | |
117 | 721 | without the lettering requirements of Section 1102 of this title; or | |
118 | - | ||
119 | 722 | 14. To operate any vehicle in violation of the provisions of | |
120 | 723 | Sections 7-600 through 7-606 of this title while displaying a yearly | |
121 | 724 | decal issued to the owner who has filed an affidavit with the | |
122 | 725 | appropriate motor license agent in accordance with Section 7 -607 of | |
123 | 726 | this title. | |
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124 | 752 | ||
125 | 753 | Any person convicted of violating any provision of this | |
126 | 754 | subsection, other than paragraph 3 of this subsection, shall be | |
127 | 755 | deemed guilty of a misdemeanor and upon conviction shall be punished | |
128 | 756 | by a fine not to exceed Five Hundred Dollars ($500.00). Any person | |
129 | 757 | convicted of violating the provisions of paragraph 3 of this | |
130 | 758 | subsection shall be deemed guilty of a misdemeanor and, upon | |
131 | 759 | conviction, shall be punished by a fine of not less than One Hundred | |
132 | 760 | Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) | |
133 | 761 | and shall be required to obtain an Oklahoma license plate. | |
134 | 762 | Employees of the Corporation Commission may be authorized by the | |
135 | - | Corporation Commission to issue citations to motor carriers or | |
763 | + | Corporation Commission to issue citations to motor carriers or | |
136 | 764 | operators of commercial motor vehicles, pursuant to the jurisdiction | |
137 | 765 | of the Corporation Commission, for a violation of this sub section. | |
138 | 766 | If a person convicted of violating the provisions of this subsection | |
139 | 767 | was issued a citation by a duly authorized employee of the | |
140 | 768 | Corporation Commission, the fine herein levied shall be apportioned | |
141 | 769 | as provided in Section 1167 of this title. | |
142 | - | ||
143 | 770 | B. Except as otherwise authorized by law, it shall be unlawful | |
144 | 771 | to: | |
145 | - | ||
146 | 772 | 1. Lend or sell to, or knowingly permit the use of by, one not | |
147 | 773 | entitled thereto any certificate of title issued for a manufactured | |
148 | 774 | home, manufactured home registration receipt, manufactured home | |
149 | 775 | registration decal or excise tax receipt; | |
150 | 776 | ||
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151 | 802 | 2. Alter or in any manner change a certificate of title issued | |
152 | 803 | for a manufactured home under the laws of this state or any other | |
153 | 804 | state; | |
154 | - | ||
155 | 805 | 3. Remove or alter a manufactured home registration receipt, | |
156 | 806 | manufactured home registration decal or excise tax receipt attached | |
157 | 807 | to a certificate of title or attach such receipts to a certificate | |
158 | 808 | of title with the intent to misrepresent the payment of the required | |
159 | 809 | excise tax and registration fees; | |
160 | - | ||
161 | 810 | 4. Buy, sell, or dispose of, or possess for sale, use or | |
162 | 811 | storage any used manufactured home on which the registration fees or | |
163 | 812 | excise taxes have not been paid as required by law; or | |
164 | - | ||
165 | 813 | 5. Purchase identification, manufactured home registration | |
166 | 814 | receipt, manufactured home registration decal or excise tax receipt | |
167 | 815 | on an assigned certificate of title. | |
168 | - | ||
169 | 816 | Anyone violating the provisions of this subsection, upon | |
170 | 817 | conviction, shall be guilty of a felony. | |
171 | - | ||
172 | 818 | C. In the event a new vehicle is not registered within thirty | |
173 | 819 | (30) days from date of purchase, the penalty for the failure of the | |
174 | 820 | owner of the vehicle to register the vehicle within thirty (30) days | |
175 | 821 | shall be One Dollar ($1.00) per day; provided, that in no event | |
176 | 822 | shall the penalty exceed One Hundred Dollars ($100.00). No penalty | |
177 | 823 | shall be waived by the Oklahoma Tax Commission or any motor license | |
178 | 824 | agent except as provided in subsection C of Section 1127 of this | |
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179 | 851 | title. Of each dollar penalty collected pursuant to this | |
180 | - | subsection: ENR. H. B. NO. 2202 Page 5 | |
181 | - | ||
852 | + | subsection: | |
182 | 853 | 1. Twenty-one cents ($0.21) shall be apportioned as provided in | |
183 | 854 | Section 1104 of this title; | |
184 | - | ||
185 | 855 | 2. Twenty-one cents ($0.21) shall be retained by the motor | |
186 | 856 | license agent; and | |
187 | - | ||
188 | 857 | 3. Fifty-eight cents ($0.58) shall be deposited in the General | |
189 | 858 | Revenue Fund. The penalty for new commercial vehicles shall be | |
190 | 859 | equal to the license fee for suc h vehicles. | |
191 | - | ||
192 | 860 | If a used vehicle is brought into Oklahoma by a resident of this | |
193 | 861 | state and is not registered within thirty (30) days, a penalty of | |
194 | 862 | One Dollar ($1.00) per day shall be charged from the date of entry | |
195 | 863 | to the date of registration; provided, that in no event shall the | |
196 | 864 | penalty exceed One Hundred Dollars ($100.00). No penalty shall be | |
197 | 865 | waived by the Oklahoma Tax Commission or any motor license agent | |
198 | 866 | except as provided in subsection C of Section 1127 of this title. | |
199 | 867 | Of each dollar penalty collected purs uant to this subsection: | |
200 | - | ||
201 | 868 | 1. Twenty-one cents ($0.21) shall be apportioned as provided in | |
202 | 869 | Section 1104 of this title; | |
203 | - | ||
204 | 870 | 2. Twenty-one cents ($0.21) shall be retained by the motor | |
205 | 871 | license agent; and | |
206 | - | ||
207 | 872 | 3. Fifty-eight cents ($0.58) shall be deposited in the Gen eral | |
208 | 873 | Revenue Fund. The penalty for used commercial vehicles shall be | |
209 | 874 | equal to the license fee for such vehicles. | |
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210 | 900 | ||
211 | 901 | D. Any owner who knowingly makes or causes to be made any false | |
212 | 902 | statement of a fact required in this section to be shown in an | |
213 | 903 | application for the registration of one or more vehicles shall be | |
214 | 904 | deemed guilty of a misdemeanor and, upon conviction, shall be fined | |
215 | 905 | not more than One Thousand Dollars ($1,000.00), or shall be | |
216 | 906 | imprisoned in the county jail for not more than one (1) year, or by | |
217 | 907 | both such fine and imprisonment. | |
218 | - | ||
219 | 908 | E. The following self -propelled or motor-driven and operated | |
220 | 909 | vehicles shall not be registered under the provisions of the | |
221 | 910 | Oklahoma Vehicle License and Registration Act or, except as provided | |
222 | 911 | for in Section 11-1116 of this title, b e permitted to be operated on | |
223 | 912 | the streets or highways of this state: | |
224 | - | ENR. H. B. NO. 2202 Page 6 | |
225 | 913 | 1. Vehicles known and commonly referred to as "minibikes" and | |
226 | 914 | other similar trade names; provided, minibikes may be registered and | |
227 | 915 | operated in this state by food vendor services upon str eets having a | |
228 | 916 | speed limit of thirty (30) miles per hour or less; | |
229 | - | ||
230 | 917 | 2. Golf carts; | |
231 | - | ||
232 | 918 | 3. Go-carts; and | |
233 | - | ||
234 | 919 | 4. Other motor vehicles, except motorcycles, which are | |
235 | 920 | manufactured principally for use off the streets and highways. | |
236 | - | ||
237 | 921 | Transfers and sales of such vehicles s hall be subject to sales | |
238 | 922 | tax and not motor vehicle excise taxes. | |
239 | - | ||
240 | 923 | F. Any person violating paragraph 3 or 6 of subsection A of | |
241 | 924 | this section, in addition to the penal provisions provided in this | |
925 | + | ||
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242 | 951 | section, shall pay as additional penalty a sum equal to the amo unt | |
243 | 952 | of license fees due on such vehicle or registration fees due on a | |
244 | 953 | manufactured home known to be in violation and such amount is hereby | |
245 | 954 | declared to be a lien upon the vehicle as provided in the Oklahoma | |
246 | 955 | Vehicle License and Registration Act. In addition to the penalty | |
247 | 956 | provisions provided in this section, any person violating paragraph | |
248 | 957 | 3 of subsection A of this section shall be deemed guilty of a | |
249 | 958 | misdemeanor and shall, upon conviction, be punished by a fine of One | |
250 | 959 | Hundred Dollars ($100.00). | |
251 | - | ||
252 | 960 | G. Each violation of any provision of the Oklahoma Vehicle | |
253 | 961 | License and Registration Act for each and every day such violation | |
254 | 962 | has occurred shall constitute a separate offense. | |
255 | - | ||
256 | 963 | H. Anyone violating any of the provisions heretofore enumerated | |
257 | 964 | in this section shall be gui lty of a misdemeanor and upon conviction | |
258 | 965 | shall be fined not less than Ten Dollars ($10.00) and not to exceed | |
259 | 966 | Three Hundred Dollars ($300.00). | |
260 | - | ||
261 | 967 | I. Any violation of any portion of the Oklahoma Vehicle License | |
262 | 968 | and Registration Act where a specific penalty has not been imposed | |
263 | 969 | shall constitute a misdemeanor and upon conviction thereof the | |
264 | 970 | person having violated it shall be fined not less than Ten Dollars | |
265 | 971 | ($10.00) and not to exceed Three Hundred Dollars ($300.00). | |
266 | - | ||
267 | 972 | J. Any provision of the Oklahoma Vehicle Licens e and | |
268 | 973 | Registration Act providing for proportional registration under | |
269 | - | reciprocal agreements and the International Registration Plan that ENR. H. B. NO. 2202 Page 7 | |
974 | + | reciprocal agreements and the International Registration Plan that | |
975 | + | ||
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270 | 1001 | relates to the promulgation of rules and regulations shall not be | |
271 | 1002 | subject to the provisions of this section. | |
1003 | + | SECTION 4. This act shall become effective November 1, 2021. | |
1004 | + | Passed the House of Representatives the 1st day of March, 2021. | |
272 | 1005 | ||
273 | - | SECTION 2. This act shall become effective November 1, 2021. | |
274 | - | ENR. H. B. NO. 2202 Page 8 | |
275 | - | Passed the House of Representatives the 4th day of May, 2021. | |
276 | 1006 | ||
277 | 1007 | ||
278 | 1008 | ||
279 | 1009 | Presiding Officer of the House | |
280 | 1010 | of Representatives | |
281 | 1011 | ||
282 | 1012 | ||
283 | - | Passed the Senate the 15th day of April, 2021. | |
1013 | + | Passed the Senate the ___ day of __________, 2021. | |
1014 | + | ||
284 | 1015 | ||
285 | 1016 | ||
286 | 1017 | ||
287 | 1018 | Presiding Officer of the Senate | |
288 | 1019 | ||
289 | 1020 | ||
290 | 1021 | ||
291 | - | OFFICE OF THE GOVERNOR | |
292 | - | Received by the Office of the Governor this ____________________ | |
293 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
294 | - | By: _________________________________ | |
295 | - | Approved by the Gove rnor of the State of Oklahoma this _________ | |
296 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
297 | - | ||
298 | - | ||
299 | - | _________________________________ | |
300 | - | Governor of the State of Oklahoma | |
301 | - | ||
302 | - | OFFICE OF THE SECRETARY OF STATE | |
303 | - | Received by the Office of the Secret ary of State this __________ | |
304 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
305 | - | By: _________________________________ |