Oklahoma 2022 Regular Session

Oklahoma House Bill HB2202 Latest Draft

Bill / Enrolled Version Filed 05/05/2021

                            An Act 
ENROLLED 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 during certain 
period; and providing an effective date.  
 
 
 
 
SUBJECT: Oklahoma Vehicle License and Registration Act 
 
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. 2020, 
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, license plate or 
decal issued to or in the custody of the person so l ending or 
permitting the use thereof; 
 
2.  To alter or in any manner change a certificate of title, 
registration certificate, license plate or decal issued under the 
laws of this or any other state; 
 
3.  To procure from another state or country, or display upon 
any vehicle owned by such person within this state, except as  ENR. H. B. NO. 2202 	Page 2 
otherwise provided in the Oklahoma Vehicle License and Registration 
Act, any license plate issued by any state or country other than 
this state, unless there shall be displayed upon such v ehicle 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 registered as a 
nonresident vehicle pursuant to rules 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 holder of an Oklahoma driver 
license operates a vehicle 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 Armed Forces of the United States assigned 
to duty in this state in c ompliance 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 owner to cause or 
permit to be driven or moved, upon the roads, streets or highways of 
this state, any vehicle l oaded in excess of its registered laden 
weight, or which is licensed for a capacity less than the 
manufacturer’s rated capacity as provided for in the Oklahoma 
Vehicle License and Registration Act; 
 
5.  To operate a vehicle without proper license 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 vehicle registra tion 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 dispose of, or possess for sale, use or 
storage, any secondhand or used vehicle on which the registration 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 applicable to all persons  ENR. H. B. NO. 2202 	Page 3 
except a bona fide registered dealer in used ca rs 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 deadline for that vehicle without a proper license 
plate, as prescribed by the Oklahoma Vehicle License 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 license pla te, 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 li cense 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 vehicle 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 Section 7 -607 of 
this title. 
 
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 Dollars ($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  ENR. H. B. NO. 2202 	Page 4 
operators of commercial motor vehicles, pursuant to the jurisdiction 
of the Corporation Commission, for a violation of this subsection .  
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 apportioned 
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; 
 
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 registration 
receipt, manufactured home registration decal o r 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 registered within thirty 
(30) days from date of purchase, th e penalty for the failure of the 
owner of the vehicle to register the vehicle within thirty (30) days 
shall be One Dollar ($1.00) per day; provided, that in no event 
shall the 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 pursuant to this 
subsection:  ENR. H. B. NO. 2202 	Page 5 
 
1.  Twenty-one cents ($0.21) shall be apportioned as provided in 
Section 1104 of this title; 
 
2.  Twenty-one cents ($0.21) shall be retained by the motor 
license agent; and 
 
3.  Fifty-eight cents ($0.58) shall be deposited in the General 
Revenue Fund.  The penalty for new commercial 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 of entry 
to the date of registration; provided, th at in no 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 pursuant 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 by the motor 
license agent; and 
 
3.  Fifty-eight cents ($0.58) shall be deposited in the General 
Revenue Fund.  The penalty for used commercial vehicles shall be 
equal to the license fee for such vehicles. 
 
D.  Any owner who knowingly makes or causes to be made any false 
statement of a fact required 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 county 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, except as provided 
for in Section 11-1116 of this title, be permitted to be operated on 
the streets or highways of this state: 
  ENR. H. B. NO. 2202 	Page 6 
1.  Vehicles known and commonly referred to as "minibikes" and 
other similar trade names; provided, minibikes may be registered and 
operated in this state by food vendor servic es upon streets 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 streets and highways. 
 
Transfers and sales of such vehicles shall 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 provisions provided in this 
section, shall pay as additional penalty a sum equal to the amount 
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 Oklahoma 
Vehicle License and Registration A ct.  In addition to 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 shall, 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 provisions heretofore enumerated 
in this section shall be guilty 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 License 
and Registration Act where a s pecific penalty has not 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 Okl ahoma Vehicle License and 
Registration Act providing for proportional registration under 
reciprocal agreements and the International Registration Plan that  ENR. H. B. NO. 2202 	Page 7 
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. 
  ENR. H. B. NO. 2202 	Page 8 
Passed the House of Representatives the 4th day of May, 2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 15th day of April, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Gove rnor of the State of Oklahoma this _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secret ary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________