Oklahoma 2022 Regular Session

Oklahoma House Bill HB2382 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 2382 By: Sterling, Boles, Fetgatter,
4	35		Davis and West (Josh) of
5	36		the House
6	37
7	38		and
8	39
9		-	Weaver and Stephens of the
10		-	Senate
11		-
	40	+	Weaver of the Senate
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16	45		An Act relating to motor vehicles; defining term;
17	46		requiring certain registra tion; stating certain
18	47		license requirements; amending 47 O. S. 2011, Section
19	48		11-1116, as last amended by Section 2, Chapter 315,
20	49		O.S.L. 2019 (47 O.S. Supp. 2020, Section 11 -1116),
21	50		which relates to self -propelled or motor-driven
22	51		vehicles; making certain excep tion for street-legal
23	52		utility vehicles; amending 47 O.S. 2 011, Section
24	53		1102, as last amended by Section 1, Chapter 57,
25	54		O.S.L. 2016 (47 O.S. Supp. 2020, Section 1102), which
26	55		relates to definitions; defining term; amending 47
27	56		O.S. 2011, Section 1113, as last amended by Section
28	57		4, Chapter 208, O.S.L. 2018 (47 O.S. S upp. 2020,
29	58		Section 1113), which relates to issuance of
30	59		certificate of registration, license plates and
31	60		decals; providing for the issuance of license plates,
32	61		decals and registration for certain vehic les;
33	62		requiring the design and issuance of certain
34	63		temporary tag; specifying certain tag details and
35	64		requirements; requiring proof of insurance;
36	65		authorizing promulgation of certain rules and
37	66		procedures; amending 47 O.S. 2011, Section 1115.3,
38	67		which relates to registration of all-terrain and
39	68		utility vehicles; requir ing certain vehicles receive
40	69		certificate of registration, license plate and yearly
41	70		issued decal before certain operation; providing for
42	71		codification; and declaring an emergency.
43	72
44	73
45	74
46		-	SUBJECT: Motor vehicles ENR. H. B. NO. 2382 Page 2
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47	102
48	103		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49		-
50	104		SECTION 1. NEW LAW A new section of law to be codified
51	105		in the Oklahoma Statutes as Section 1 -171.1 of Title 47, unless
52	106		there is created a duplication in numbering, reads as follows:
53		-
54	107		A. A "street-legal utility vehicle" is any motor vehicle
55	108		having:
56		-
57	109		1. A bench seat or side -by-side seat for the use of each rider;
58		-
59	110		2. Four wheels in contact with the ground, but excluding a
60	111		tractor;
61		-
62	112		3. A combustion engine with a piston or rotor displacement of
63	113		four hundred cubic centimeters (400 cc) or greater and capable of
64	114		maintaining speeds of forty -five (45) miles per hour or greater;
65		-
66	115		4. For each occupant, safety belts or safety shoulder harnesses
67	116		which shall be of a type and shall be installed pursuant to 49
68	117		C.F.R., Section 571.208 et seq.; and
69		-
70	118		5. All equipment requ ired by the provisions of Sections 12 -201
71	119		through 12-232 of Title 47 of the Oklahoma Statutes, with respect to
72	120		equipment on vehicles.
73		-
74	121		B. A street-legal utility vehicle operated on the street s and
75	122		highways of this state shall be registered as a motor vehic le.
76		-
77	123		C. The operator of a street -legal utility vehicle shall not be
78	124		required to have an "M" endorsement on the Class D license pursuant
79	125		to Section 6-110.1 of Title 47 of the Oklahoma Statutes . The
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80	153		operator shall be at least sixteen (16) years of age and h old a
81	154		valid Oklahoma driver license.
82		-
83	155		SECTION 2. AMENDATORY 47 O.S. 2011, Section 11 -1116, as
84	156		last amended by Section 2, Chapter 315, O.S.L. 2019 (47 O.S. Supp.
85	157		2020, Section 11-1116), is amended to read as follows:
86		-
87	158		Section 11-1116. A. The self-propelled or motor-driven and
88	159		operated vehicles described in this section shall be prohibited from
89	160		operating or shall be limited in operation on the streets and
90	161		highways of this state.
91		-	ENR. H. B. NO. 2382 Page 3
92	162		B. Self-propelled or motor-driven cycles, known and co mmonly
93	163		referred to as "minibikes" and other similar trade names, shall be
94	164		prohibited from operating on the streets and highways of this state,
95	165		except:
96		-
97	166		1. When used in a parade; or
98		-
99	167		2. When registered, as required by subsection E of Section 1151
100	168		of this title, and operated in this state by food vendor services
101	169		upon streets having a speed limit of thirty (30) miles per hour or
102	170		less.
103		-
104	171		All minibikes offered for sale in this state shall bear the
105	172		following notice to the customer: "This machine is not manufactured
106	173		or sold for operation on the public streets or highways. Since it
107	174		is not provided with equipment required by law for street or highway
108	175		use, all persons are cautioned that any operation of t his vehicle
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109	203		upon a public street or highway will be in violation of the motor
110	204		vehicle laws of this state and will subject the violator to arrest."
111		-
112	205		C. Golf carts and utility vehicles, as defined by Section 1102
113	206		of this title, shall not be operated on the s treets and highways of
114	207		this state except:
115		-
116	208		1. Golf carts or utili ty vehicles owned by the Oklahoma Tourism
117	209		and Recreation Department, and operated by employees or agents of
118	210		the Department or employees of independent management companies
119	211		working on behalf of the Department, may be operated on the streets
120	212		and highways of this state during daylight hours or under rules
121	213		developed by the Oklahoma Tourism and Recreation Commission, when
122	214		the streets and highways are located within the boundaries of a
123	215		state park. The Department shall have warning signs placed at the
124	216		entrance and other locations at those state parks allowing golf
125	217		carts or utility vehicles to be operated on the streets and highways
126	218		of this state located within the boundaries of those state parks.
127	219		The warning signs shall state that golf carts and utility vehicles
128	220		may be operating on streets and highways and that motor vehicle
129	221		operators shall take special precautions to be alert for the
130	222		presence of golf carts or utility vehicles on the streets and
131	223		highways;
132		-
133	224		2. The municipal governing body has adopted an ordinance
134	225		governing the operation of golf carts and/or utility vehicles on
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135	253		city streets; provided, such ordinances shall include necessary
136		-	vehicle lighting and safety requirements; ENR. H. B. NO. 2382 Page 4
137		-
	254	+	vehicle lighting and safety requirements;
138	255		3. Golf carts or uti lity vehicles may operate on state highways
139	256		only if making a perp endicular crossing of a state highway located
140	257		within the boundaries of a municipality which has adopted an
141	258		ordinance governing the operation of golf carts and/or utility
142	259		vehicles; or
143		-
144	260		4. The board of county commissioners of a county has approved
145	261		the operation of golf cart and/or utility vehicle traffic on
146	262		roadways within the county, and:
147		-
148	263		a. the roadway has a posted speed limit of twenty -five
149	264		(25) miles per hour or less,
150		-
151	265		b. the roadway is locat ed in an unincorporated area, and
152		-
153	266		c. appropriate signage, caution ing motorists of the
154	267		possibility of golf cart or utility vehicle traffic,
155	268		is erected by the board of county commissioners ; or
156		-
157	269		5. Street-legal utility vehicles that are registered as a motor
158	270		vehicle pursuant to subsection B of Section 1 of this act may be
159	271		operated on the streets and highways of this state. Provided,
160	272		however, street-legal utility vehicles shall not be operated on the
161	273		National System of Interstate and Defense Highways or U.S. h ighways.
162		-
163	274		D. All-terrain vehicles shall not be operated on the st reets
164	275		and highways of this state, except:
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165	302
166	303		1. On unpaved roads which are located within the boundaries of
167	304		any property of the Forest Service of the United States Department
168	305		of Agriculture;
169		-
170	306		2. On highways if:
171		-
172	307		a. the vehicle needs to make a direct crossing of the
173	308		highway while the vehicle is traveling upon a
174	309		regularly traveled trail and needs to continue travel
175	310		from one area of the trail to another and, if the
176	311		vehicle comes to a complete stop, yields the right-of-
177	312		way to all oncoming traffic that constitutes an
178	313		immediate hazard, and crosses the highway at an angle
179	314		of approximately ninety (90) degrees to the direction
180	315		of the street or highway. This exception shall not
181		-	apply to divided highways or highways with a posted ~~ENR. H. B. NO. 2382 Page 5~~
	316	+	apply to divided highways or highways with a posted
182	317		speed limit of more than thirty -five (35) miles per
183	318		hour in the area of the crossing,
184		-
185	319		b. the vehicle needs to travel on a highway in order to
186	320		cross a railroad track. In that event, the all -
187	321		terrain vehicle may travel for not more th an three
188	322		hundred (300) feet on a highway to cross a railroad
189	323		track,
190		-
191	324		c. the operator of the all -terrain vehicle making the
192	325		crossing at a highway has a valid driver license, and
193	326
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194	353		d. the operator of the vehicle makes a crossing on a
195	354		highway during daylight hou rs only;
196		-
197	355		3. On streets and highways within a municipality if the
198	356		municipal governing body has adopted an ordinance governing the
199	357		operation of golf carts, utility vehicles or all -terrain vehicles on
200	358		streets and highways within the municipality; or
201		-
202	359		4. On roadways within unincorporated areas of a county if those
203	360		roadways are not part of the state highway system or the National
204	361		System of Interstate and Defense Highways; provided, however, that
205	362		the driver is a licensed driver.
206		-
207	363		E. Mopeds, as defined by Section 1-133.2 of this title, may be
208	364		operated on the streets and highwa ys of this state if:
209		-
210	365		1. The municipal governing body has adopted an ordinance
211	366		governing the operation of mopeds on city streets; provided, such
212	367		ordinances shall include necessary vehicle lig hting and safety
213	368		requirements; or
214		-
215	369		2. The board of county commiss ioners of a county has approved
216	370		the operation of mopeds on roadways within the county, not including
217	371		roadways within a municipality.
218		-
219	372		SECTION 3. AMENDATORY 47 O.S. 20 11, Section 1102, as
220	373		last amended by Section 1, Chapter 57, O.S.L . 2016 (47 O.S. Supp.
221	374		2020, Section 1102), is amended to read as follows:
222		-
223	375		Section 1102. As used in the Oklahoma Vehicle License and
224	376		Registration Act:
225		-	ENR. H. B. NO. 2382 Page 6
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226	404		1. "All-terrain vehicle" means a vehicl e manufactured and used
227	405		exclusively for off-highway use traveling on four or more non-
228	406		highway tires, and being fifty (50) inches or less in width;
229		-
230	407		2. "Carrying capacity" means the carrying capacity of a vehicle
231	408		as determined or declared in tons of cargo o r payload by the owner;
232	409		provided, that such declared capacity sha ll not be less than the
233	410		minimum tonnage capacity fixed, listed or advertised by the
234	411		manufacturer of any vehicle;
235		-
236	412		3. "Certificate of title" means a document which is proof of
237	413		legal ownership of a motor vehicle as described and provided for in
238	414		Section 1105 of this title;
239		-
240	415		4. "Chips and oil" or the term "road oil and crushed rock"
241	416		means, with respect to materials authorized for use in the surfacing
242	417		of roads or highways in this title or in any eq uivalent statute
243	418		pertaining to road or highway surfacing in the S tate of Oklahoma,
244	419		any asphaltic materials. Wherever chips and oil or road oil and
245	420		crushed rock are authorized for use in the surfacing of roads or
246	421		highways in this state, whether by the Depa rtment of Transportation,
247	422		or by the county commissioners, or othe r road building authority
248	423		subject to the Oklahoma Vehicle License and Registration Act,
249	424		asphaltic materials are also authorized for use in such surfacing
250	425		and construction;
251		-
252	426		5. "Combined laden weight" means the weight of a truck or
253	427		station wagon and its car go or payload transported thereon, or the
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254	455		weight of a truck or truck -tractor plus the weight of any trailers
255	456		or semitrailers together with the cargo or payload transported
256	457		thereon;
257		-
258	458		6. "Commercial trailer" means any trailer, as defined in
259	459		Section 1-180 of this title, or semitrailer, as defined in Section
260	460		1-162 of this title, when such trailer or semitrailer is used
261	461		primarily for business or commercial purposes;
262		-
263	462		7. "Commercial trailer dealer" means any person, firm or
264	463		corporation engaged in the business of selling any new and unused,
265	464		or used, or both new and used commercial trailers;
266		-
267	465		8. "Commercial vehicle" means any vehicle over eight thousand
268	466		(8,000) pounds combined laden weight used primari ly for business or
269	467		commercial purposes. Each motor vehicle being registered pursuant
270		-	to the provisions of this section shall have the name of the ~~ENR. H. B. NO. 2382 Page 7~~
	468	+	to the provisions of this section shall have the name of the
271	469		commercial establishment or the words "Commercial Vehicle"
272	470		permanently and prominently displayed upon the out side of the
273	471		vehicle in letters not less than two (2) inches high. Such letters
274	472		shall be in sharp contrast to the background and shall be of
275	473		sufficient shape and color as to be readily legible during daylight
276	474		hours, from a distance of fifty (50) feet while the vehicle is not
277	475		in motion;
278		-
279	476		9. "Commission" or "Tax Commissio n" means the Oklahoma Tax
280	477		Commission;
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281	504
282	505		10. "Construction machinery" means machines or devices drawn as
283	506		trailers which are designed and used for construction, tree trimming
284	507		and waste maintenance projects, which derive no revenue from the
285	508		transportation of persons or property, whose use of the highway is
286	509		only incidental and which are not mounted or affixed to another
287	510		vehicle; provided, construction machinery shall not include
288	511		implements of husbandry as defined in Section 1-125 of this title;
289		-
290	512		11. "Dealer" means any person, firm, association, corporation
291	513		or trust who sells, solicits or advertises the sale of new and
292	514		unused motor vehicles and holds a bona fide contract or franchise in
293	515		effect with a manufacturer or distributor of a particular make of
294	516		new or unused motor vehicle or vehicles for the sale of same;
295		-
296	517		12. "Mini-truck" means a foreign -manufactured import or
297	518		domestic-manufactured vehicle powered by an internal combustion
298	519		engine with a piston or rotor displacement of one thousand cubic
299	520		centimeters (1,000 cu cm) (1,000 cc) or less, which is sixty -seven
300	521		(67) inches or less in width, with an unladen dry weight of three
301	522		thousand four hundred (3,400) pounds or less, traveling on four or
302	523		more tires, having a top speed of approximately fifty -five (55)
303	524		miles per hour, equipped with a bed or compartment for hauling, and
304	525		having an enclosed passenger cab;
305		-
306	526		13. "Interstate commerce" means any commerce moving between any
307	527		place in a state and any place in an other state or between places in
308	528		the same state through another s tate;
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309	555
310	556		14. "Laden weight" means the combined weight of a vehicle when
311	557		fully equipped for use and the cargo or payload transported thereon;
312	558		provided, that in no event shall the laden weight be less than the
313	559		unladen weight of the vehicle fully equipped for u se, plus the
314	560		manufacturer's rated carrying capacity;
315		-	ENR. H. B. NO. 2382 Page 8
316	561		15. "Local authorities" means every county, municipality or
317	562		local board or body having authority to adopt police regulations
318	563		under the Constitution and laws of this state;
319		-
320	564		16. "Low-speed electrical veh icle" means any four -wheeled
321	565		electrical vehicle that is powered by an electric motor that draws
322	566		current from rechargeable storage batteries or other sources of
323	567		electrical current and whose to p speed is greater than twenty (20)
324	568		miles per hour but not greate r than twenty-five (25) miles per hour
325	569		and is manufactured in compliance with the National Highway Traffic
326	570		Safety Administration standards for low -speed vehicles in 49 C.F.R.
327	571		571.500;
328		-
329	572		17. "Manufactured home" means a residential dwelling built in
330	573		accordance with the National Manufactured Housing Construction and
331	574		Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and
332	575		rules promulgated pursuant thereto and the rules promulgated by th e
333	576		Oklahoma Used Motor Vehicle and Parts Commission pursuant to Se ction
334	577		582 of this title. Manufactured home shall not mean a park model
335	578		recreational vehicle as defined in this section;
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336	605
337	606		18. "Manufactured home dealer" means any person, firm or
338	607		corporation engaged in the business of selling any new and unused,
339	608		or used, or both new and used manufactured homes. Such information
340	609		and a valid franchise letter as proof of authorization to sell any
341	610		such new manufactured home product line or lines shall be attached
342	611		to the application for a dealer license to sell manufactured hom es.
343	612		"Manufactured home dealer" shall not include any person, firm or
344	613		corporation who sells or contracts for the sale of the dealer's own
345	614		personally titled manufactured home or homes. No per son, firm or
346	615		corporation shall be considered a manufactured home dealer as to any
347	616		manufactured home purchased or acquired by such person, firm or
348	617		corporation for purposes other than resale; provided, that the
349	618		restriction set forth in this sentence shall no t prevent an
350	619		otherwise qualified person, firm or corporation from utilizing a
351	620		single manufactured home as a sales office;
352		-
353	621		19. "Medium-speed electrical vehicle" means any self -propelled,
354	622		electrically powered four -wheeled motor vehicle, equipped with a
355	623		roll cage or crush-proof body design, whose speed attainable in one
356	624		(1) mile is more than thirty (30) miles per hour but not greater
357	625		than thirty-five (35) miles per hour;
358		-
359	626		20. "Motor license agent" means any person appointed,
360		-	designated or authorized by the ~~Oklahoma~~ Tax Commission to collect ~~ENR. H. B. NO. 2382 Page 9~~
	627	+	designated or authorized by the Ok lahoma Tax Commission to collect
361	628		the fees and to enforce the prov isions provided for in the Oklahoma
362	629		Vehicle License and Registration Act;
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363	656
364	657		21. "New vehicle" or "unused vehicle" means a vehicle which has
365	658		been in the possession of the manufacturer, distribu tor or
366	659		wholesaler or has been sold only by the manufacturer, dist ributor or
367	660		wholesaler to a dealer;
368		-
369	661		22. "Nonresident" means any person who is not a resident of
370	662		this state;
371		-
372	663		23. "Off-road motorcycle" means any motorcycle, as defined in
373	664		Section 1-135 of this title, when such motorcycle has been
374	665		manufactured for and used exclusively off roads, highways and any
375	666		other paved surfaces;
376		-
377	667		24. "Owner" means any person owning, operating or possessing
378	668		any vehicle herein defined;
379		-
380	669		25. "Park model recreational vehicle" means a vehicle that is:
381		-
382	670		a. designed and marketed as temporary li ving quarters for
383	671		camping, recreational, seasonal or travel use,
384		-
385	672		b. not permanently affixed to real property for use as a
386	673		permanent dwelling,
387		-
388	674		c. built on a single chassis mounted on wheels wi th a
389	675		gross trailer area not exceeding four hundred (400)
390	676		square feet in the setup mode, and
391		-
392	677		d. certified by the manufacturer as complying with
393	678		standard A119.5 of the American National Standards
394	679		Institute, Inc.;
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395	706
396	707		26. "Person" means any individual, copartner , joint venture,
397	708		association, corporation, limited liability comp any, estate, trust,
398	709		business trust, syndicate, the State of Oklahoma, or any county,
399	710		city, municipality, school district or other political subdivision
400	711		thereof, or any group or combination ac ting as a unit, or any
401	712		receiver appointed by the state or federal court;
402		-
403	713		27. "Rebodied vehicle" means a vehicle:
404		-	ENR. H. B. NO. 2382 Page 10
405	714		a. which has been assembled using a new body or new major
406	715		component which is of the identical type as the
407	716		original vehicle and is licensed by the manufacturer
408	717		of the original vehicle and other original, new or
409	718		reconditioned parts. For purposes of this paragraph,
410	719		"new body or new major component" means a new body,
411	720		cab, frame, front end clip or rear end clip,
412		-
413	721		b. which is not a salvage, rebuilt, o r junked vehicle as
414	722		defined by paragraph 1, 2, or 6 of subsection A of
415	723		Section 1105 of this title, and
416		-
417	724		c. for which the Tax Commission has assigned or will
418	725		assign a new identifying number;
419		-
420	726		28. "Recreational off -highway vehicle" means a vehicle
421	727		manufactured and used exclusively for off-highway use, traveling on
422	728		four or more non-highway tires, and being sixty -five (65) inches or
423	729		less in width;
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424	756
425	757		29. "Recreational vehicle" means every vehicle which is built
426	758		on or permanently attached to a self -propelled motor chassis or
427	759		chassis cab which becomes an integral part of the comp leted vehicle
428	760		and is capable of being operated on the highways. In order to
429	761		qualify as a recreational vehicle pursuant to this paragraph such
430	762		vehicle shall be permanently constructed and equ ipped for human
431	763		habitation, having its own sleeping and kitchen f acilities,
432	764		including permanently affixed cooking facilities, water tanks and
433	765		holding tank with permanent toilet facilities. Recreational vehicle
434	766		shall not include manufactured homes or any v ehicle with portable
435	767		sleeping, toilet and kitchen facilities whic h are designed to be
436	768		removed from such vehicle. Recreational vehicle shall include park
437	769		model recreational vehicles as defined in this section;
438		-
439	770		30. "Remanufactured vehicle" means a vehicle which has been
440	771		assembled by a vehicle remanufacturer using a new body and which may
441	772		include original, reconditioned, or remanufactured parts, and which
442	773		is not a salvage, rebuilt, or junked vehicle as defined by
443	774		paragraphs 1, 2, and 6, respectively, of subs ection A of Section
444	775		1105 of this title;
445		-
446	776		31. "Rental trailer" mea ns all small or utility trailers or
447	777		semitrailers constructed and suitable for towing by a passenger
448	778		automobile and designed only for carrying property, when the
449		-	trailers or semitrailers are ~~owned~~ by, or are in the possession of, ~~ENR. H. B. NO. 2382 Page 11~~
	779	+	trailers or semitrailers are o wned by, or are in the possession of,
450	780		any person engaged in renti ng or leasing such trailers or
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451	808		semitrailers for intrastate or interstate use or combined intrastate
452	809		and interstate use;
453		-
454	810		32. "Special mobilized machinery" means special purpose
455	811		machines or devices, either self-propelled or drawn as trailers or
456	812		semitrailers, which derive no revenue from the transportation of
457	813		persons or property, whose use of the highway is only incidental,
458	814		and whose useful revenue producing service is performed at
459	815		destinations in an area away from the traveled surface of an
460	816		established open highway;
461		-
462	817		33. "State" means the State of Oklahoma;
463		-
464	818		34. "Station wagon" means any passenger vehicle which does not
465	819		have a separate luggage compartment or trunk and which does not have
466	820		open beds, and has one or more rear seats readily lifted out or
467	821		folded, whether same is called a station wagon or ranch wagon;
468		-
469	822		35. "Street-legal utility vehicle" means a vehicle meeting the
470	823		description and specifications of Section 1 of this act;
471		-
472	824		36. "Travel trailer" means any vehicular portable structure
473	825		built on a chassis, used as a temporary dwelling for travel,
474	826		recreational or vacational use, and, when factory -equipped for the
475	827		road, it shall have a body width not exceeding eight (8) feet and an
476	828		overall length not exceeding forty (40) feet, including the hitch or
477	829		coupling;
478		-
479	830		36. 37. "Travel trailer dealer" means any person, firm or
480	831		corporation engaged in the business of selling any new and unused,
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481	859		or used, or both new and used travel trailers. Such information and
482	860		a valid franchise letter as proof of authorization to sell a ny such
483	861		new travel trailer product line or lines shall be attached to the
484	862		application for a dealer license to sell travel trailers. "Travel
485	863		trailer dealer" shall not include any person, firm or corporation
486	864		who sells or contracts for the sale of his or her own personally
487	865		titled travel trailer or trailers. No person, firm or corporation
488	866		shall be considered as a travel trailer dealer as to any travel
489	867		trailer purchased or acquired by such person , firm or corporation
490	868		for purposes other than resale;
491		-
492	869		37. 38. "Used motor vehicle dealer" means "used motor vehicle
493	870		dealer" as defined in Section 581 of this title;
494		-	ENR. H. B. NO. 2382 Page 12
495	871		38. 39. "Used vehicle" means any vehicle which has been sold,
496	872		bargained, exchanged or giv en away, or used to the extent that it
497	873		has become what is commonl y known, and generally recognized, as a
498	874		"secondhand" vehicle. This shall also include any vehicle other
499	875		than a remanufactured vehicle, regardless of age, owned by any
500	876		person who is not a dea ler;
501		-
502	877		39. 40. "Utility vehicle" means a vehicle powered by an
503	878		internal combustion engine, manufactured and used exclusively for
504	879		off-highway use, equipped with seating for two or more people and a
505	880		steering wheel, traveling on four or more wheels;
506		-
507	881		40. 41. "Vehicle" means any type of conveyance or device in,
508	882		upon or by which a person or property is or may be transported from
	883	+
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509	910		one location to another upon the avenues of public access within the
510	911		state. "Vehicle" does not include bicycles, trailers except travel
511	912		trailers and rental trailers, or implements of husbandry as defi ned
512	913		in Section 1-125 of this title. All implements of husbandry used as
513	914		conveyances shall be required to display the owner's driver license
514	915		number or license plate number of any vehicle owne d by the owner of
515	916		the implement of husbandry on the rear of the i mplement in numbers
516	917		not less than two (2) inches in height. The use of the owner's
517	918		Social Security number on the rear of the implement of husbandry
518	919		shall not be required; and
519		-
520	920		41. 42. "Vehicle remanufacturer" means a commercial entity
521	921		which assembles rema nufactured vehicles.
522		-
523	922		SECTION 4. AMENDATORY 47 O.S. 2011, Section 1113, as
524	923		last amended by Section 4, Chapter 208, O.S.L. 2018 (47 O.S. Supp.
525	924		2020, Section 1113), is amended to read as follows:
526		-
527	925		Section 1113. A. 1. Except for all -terrain vehicles, utility
528	926		vehicles and motorcycles used exclusively off roads and highways,
529	927		upon the filing of a registration application and the payment of the
530	928		fees provided for in the Okla homa Vehicle License and Registration
531	929		Act, the Oklahoma Tax Commi ssion or Corporation Commission, as
532	930		applicable, shall assign to the vehicle described in the application
533	931		a distinctive number, and issue to the owner of the vehicle a
534	932		certificate of registrat ion, one license plate and a yearly decal.
535	933		The Oklahoma Tax Comm ission shall assign an all -terrain vehicle,
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536	961		utility vehicle or motorcycle used exclusively off roads and
537	962		highways a distinctive number and issue to the owner a certificate
538	963		of registration and a decal but not a license plate. For each
539		-	subsequent ~~registration~~ year, the Tax Commission shall issue a ~~ENR. H. B. NO. 2382 Page 13~~
	964	+	subsequent registrati on year, the Tax Commission shall issue a
540	965		yearly decal to be affixed to the license plate, except for an all -
541	966		terrain vehicle, utility vehicle or motorcycle used exclusively off
542	967		roads and highways. The initial decal for an all-terrain vehicle,
543	968		utility vehicle or motorcycle shall be attached to the front of the
544	969		vehicle and shall be in clear view. The decal shall be on the front
545	970		or on the front fork of the motorcycle used exclusively off roads
546	971		and highways and the decal shall be in clear view. The yearly de cal
547	972		shall have an identification number and the last two numbers of the
548	973		registration year for which it shall expire. Except as provided by
549	974		Section 1113A of this title, the license plate shal l be affixed to
550	975		the exterior of the vehicle until a replacement l icense plate is
551	976		applied for. If the owner applies for a replacement license plate,
552	977		the Tax Commission shall charge the fee provided for in Section 1114
553	978		of this title. The yearly decal will validate the license plate for
554	979		each registration period other tha n the year the license plate is
555	980		issued. The license plate and decal shall be of such size, color,
556	981		design and numbering as the Tax Commission may direct. However,
557	982		yearly decals issued to the owner of a vehicle who has filed an
558	983		affidavit with the appropria te motor license agent in accordance
559	984		with Section 7-607 of this title shall be a separate and distinct
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560	1012		color from all other decals issued under this section. Before the
561	1013		effective date of thi s act, the Tax Commission shall also issue a
562	1014		monthly decal which shall include a two-letter abbreviation
563	1015		corresponding to the county in which the vehicle is registered. The
564	1016		Tax Commission shall issue all decals in the possession of the Tax
565	1017		Commission on the effective date of this act before issuing any
566	1018		decals which do not contain the county abbreviation.
567		-
568	1019		2. a. The operation of a street -legal utility vehicle on the
569	1020		streets and highways of this state requires the
570	1021		vehicle be issued a certificate of regist ration and
571	1022		license plate to be renewed annually. Upon the filing
572	1023		of a registration application and the payment of the
573	1024		fees provided for in the Oklahoma Vehicle License and
574	1025		Registration Act, the Oklahoma Tax Commission or
575	1026		Corporation Commission, as applica ble, shall assign to
576	1027		the vehicle described in the application a d istinctive
577	1028		number, and issue to the owner of the vehicle a
578	1029		certificate of registration, one license plate and a
579	1030		yearly decal. For each subsequent registration year,
580	1031		the Tax Commission shall issue a yearly decal to be
581	1032		affixed to the license plate. The ini tial decal for a
582	1033		street-legal utility vehicle shall be attached to the
583	1034		front of the vehicle and shall be in clear view. The
584		-	yearly decal shall have an identification number and ENR. H. B. NO. 2382 Page 14
	1035	+	yearly decal shall have an identification number and
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585	1063		the last two numbers of the registration year for
586	1064		which it shall expire. Exce pt as provided by Section
587	1065		1113A of this title, the license plate shall be
588	1066		affixed to the exterior of the vehicle until a
589	1067		replacement license plate is issued. If the owner
590	1068		applies for a replacement license plate, the Tax
591	1069		Commission shall charge the fee pro vided for in
592	1070		Section 1114 of this title. The yearly decal will
593	1071		validate the license plate for each registration
594	1072		period other than the year the license plate is
595	1073		issued. The license plate and decal shall be of such
596	1074		size, color, design and numbering as the Tax
597	1075		Commission may direct. However, yearly decals issued
598	1076		to the owner of a vehicle who has filed an affidavit
599	1077		with the appropriate motor license agent in accordance
600	1078		with Section 7-607 of this title shall be a separate
601	1079		and distinct color from all other dec als issued under
602	1080		this section.
603		-
604	1081		b. The Oklahoma Tax Commission shall design and issue a
605	1082		temporary tag to out -of-state owners of street -legal
606	1083		utility vehicles. The temporary tag shall be
607	1084		recognized in lieu of registration in this state. The
608	1085		temporary tag shall clearly indicate the date of
609	1086		issuance and the date of expiration, which shall be
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610	1114		five (5) days, including the day of issuance. Upon
611	1115		application for a temporary tag, the out -of-state
612	1116		owner shall show proof of insurance coverage that
613	1117		satisfies the requirements of the Compulsory Insurance
614	1118		Law pursuant Section 7 -600 et seq. of this title. The
615	1119		Oklahoma Tax Commission is authorized to promulgate
616	1120		rules and procedures to implement the provisi ons of
617	1121		this paragraph.
618		-
619	1122		3. The license plate shall be securely at tached to the rear of
620	1123		the vehicle, except truck -tractor plates which shall be attached to
621	1124		the front of the vehicle. The Tax Commission may, with the
622	1125		concurrence of the Department of Public S afety, by Joint Rule,
623	1126		change and direct the manner, place and loc ation of display of any
624	1127		vehicle license plate when such action is deemed in the public
625	1128		interest. The license plate, decal and all letters and numbers
626	1129		shall be clearly visible at all times. The operation of a vehicle
627	1130		in this state, regardless of where suc h vehicle is registered, upon
628		-	which the license plate is covered, overlaid or otherwise screened ~~ENR. H. B. NO. 2382 Page 15~~
	1131	+	which the license plate is covered, overlaid or otherwise screened
629	1132		with any material, whether such material be clear, translucent,
630	1133		tinted or opaque, shall be a v iolation of this paragraph.
631		-
632	1134		3. 4. Upon payment of the annual reg istration fee provided in
633	1135		Section 1133 of this title, the Tax Commission or Corporation
634	1136		Commission, as applicable, or a motor license agent may issue a
635	1137		permanent nonexpiring license plate to an owner of one hundred or
	1138	+
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636	1165		more commercial motor vehicles and for vehicles registered under the
637	1166		provisions of Section 1120 of this title. Upon payment of the
638	1167		annual registration fee, the Tax Commission or Corporation
639	1168		Commission shall issue a certificate o f registration that shall be
640	1169		carried at all times in the vehicle for which it is issued.
641	1170		Provided, if the registrant submits its application through
642	1171		electronic means, such qualified owners of one hundred or more
643	1172		commercial motor vehicles, properly registe red pursuant to the
644	1173		provisions of Section 1133 of this title, may elect to receive a
645	1174		permanent certificate of registration that shall be carried at all
646	1175		times in the vehicle for which it is issued.
647		-
648	1176		4. 5. Every vehicle owned by an agency of this state shall be
649	1177		exempt from the payment of registration fees required by this title.
650	1178		Provided, such vehicle shall be registered and shall otherwise
651	1179		comply with the provisions of the Oklahoma Vehicle License and
652	1180		Registration Act.
653		-
654	1181		B. The license plates required under the provisions of this
655	1182		title shall conform to the requirements an d specifications listed
656	1183		hereinafter:
657		-
658	1184		1. Each license plate shall have a space for the placement of
659	1185		the yearly decals for each succeeding year of registration after the
660	1186		initial issue;
661		-
662	1187		2. The provisions of the Oklahoma Vehicle License and
663	1188		Registration Act regarding the issuance of yearly decals shall not
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664	1216		apply to the issuance of apportioned license plates, including
665	1217		license plates for state vehicles, and exempt plates for
666	1218		governmental entities and fire departments organized pursuant to
667	1219		Section 592 of Title 18 of the Oklahoma Statutes;
668		-
669	1220		3. All license plates and decals shall be made with
670	1221		reflectorized material as a background to the letters, numbers and
671	1222		characters displayed thereon. The reflect orized material shall be
672		-	of such a nature as to provide effective and dependable brightness ~~ENR. H. B. NO. 2382 Page 16~~
	1223	+	of such a nature as to provide effective and dependable brightness
673	1224		during the service period for which the license plate or decal is
674	1225		issued;
675		-
676	1226		4. Except as otherwise provided in this subsection, the Tax
677	1227		Commission shall design appro priate official license plates for all
678	1228		state vehicles. Such lice nse plates shall be permanent in nature
679	1229		and designed in such manner as to remain with the vehicle for the
680	1230		duration of the vehicle's life span or until the title is
681	1231		transferred to a nongovernm ental owner;
682		-
683	1232		5. Within the limits prescribed in this section, th e Tax
684	1233		Commission shall design appropriate official license plates for
685	1234		vehicles of the Oklahoma Highway Patrol. The license plates shall
686	1235		have the legend "Oklahoma OK" and shall contain the le tters "OHP"
687	1236		followed by the state seal and the badge number of th e Highway
688	1237		Patrol officer to whom the vehicle is assigned. The words "Oklahoma
689	1238		Highway Patrol" shall also be included on such license plates;
690	1239
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691	1266		6. Within the limits prescribed in this section, the Tax
692	1267		Commission shall design appropriate official license pla tes for
693	1268		vehicles of the Oklahoma Military Department. Such license plates
694	1269		shall have the legend "Oklahoma OK" and shall contain the letters
695	1270		"OMD" followed by the state seal and three numbers or letters as
696	1271		designated by the Adjutant General. The words "Ok lahoma Military
697	1272		Department" shall also be included on such license plates;
698		-
699	1273		7. Within the limits prescribed in this section, the Tax
700	1274		Commission shall design appropriate official license plate s for
701	1275		vehicles of the Oklahoma Department of Corrections. Such l icense
702	1276		plates shall contain the letters "DOC" followed by the Department of
703	1277		Corrections badge and three numbers or letters or combination of
704	1278		both as designated by the Director of the agency. The words
705	1279		"Department of Corrections" shall also be included on such license
706	1280		plates; and
707		-
708	1281		8. Within the limits prescribed in this section, the Oklahoma
709	1282		Tourism and Recreation Department shall design any license plates
710	1283		required by the initiation of a licen se plate reissuance by the
711	1284		Oklahoma Tax Commission at the request of the Department of Public
712	1285		Safety pursuant to the provisions of Section 1113.2 of this title.
713	1286		Any such new designs shall be submitted by the Oklahoma Tourism and
714	1287		Recreation Department to t he Department of Public Safety for its
715	1288		approval prior to being is sued by the Oklahoma Tax Commission.
716		-	ENR. H. B. NO. 2382 Page 17
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717	1316		C. Where the applicant has satisfactorily shown that the
718	1317		applicant owns the vehicle sought to be registered but is unable to
719	1318		produce documentary evidence of the ownership, a license plate may
720	1319		be issued upon approval by the Tax Commission or Corporation
721	1320		Commission, as applicable. In such instances the reason for not
722	1321		issuing a certificate of title shall be indicated on the receipt
723	1322		given to the applicant. I t shall still be the duty of the applicant
724	1323		to immediately take al l necessary steps to obtain the Oklahoma
725	1324		certificate of title and it shall be unlawful for the applicant to
726	1325		sell the vehicle until the certificate has been obtained in the
727	1326		applicant's name.
728		-
729	1327		D. The certificate of registration provided for in this section
730	1328		shall be in convenient form, and the certificate of registration, or
731	1329		a certified copy or photostatic copy thereof, duly authenticated by
732	1330		the Tax Commission or Corporation Commission, as applic able, shall
733	1331		be carried at all times in or upon all vehicles so re gistered, in
734	1332		such manner as to permit a ready examination thereof upon demand by
735	1333		any peace officer of the state or duly authorized employee of the
736	1334		Department of Public Safety. Any such offic er or agent may seize
737	1335		and hold such vehicle when the operator of the same does not have
738	1336		the registration certificate in the operator's possession or when
739	1337		any such officer or agent determines that the registration
740	1338		certificate has been obtained by misreprese ntation of any essential
741	1339		or material fact or when any number or i dentifying information
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	1366	+
742	1367		appearing on such certificate has been changed, altered, obliterated
743	1368		or concealed in any way, until the proper registration or
744	1369		identification of such vehicle has been m ade or produced by the
745	1370		owner thereof.
746		-
747	1371		E. The purchaser of a new or used manufactured home shall,
748	1372		within thirty (30) days of the date of purchase, register the home
749	1373		with the Tax Commission or a motor license agent pursuant to the
750	1374		provisions of Section 1117 of this title. For a new manufactured
751	1375		home, it shall be the res ponsibility of the dealer selling the home
752	1376		to place a temporary license plate on the home in the same manner as
753	1377		provided in Section 1128 of this title for other new motor vehicles.
754	1378		For the first year that any manufactured home is registered in this
755	1379		state, the Tax Commission shall issue a metal license plate which
756	1380		shall be affixed to the manufactured home. The temporary dealer
757	1381		license plate or the metal license plate shall be displayed on the
758	1382		manufactured home at all times when upon a public roadway; provi ded,
759	1383		a repossession affidavit issued pursuant to Sections 1110 and 1126
760	1384		of this title shall be permissible in lieu of a current license
761		-	plate and decal for the purposes of removing a ~~repossessed ENR. H. B. NO. 2382 Page 18~~
	1385	+	plate and decal for the purposes of removing a reposses sed
762	1386		manufactured home to a secure location. Manufactured homes
763	1387		previously registered and subject to ad valorem taxation as provided
764	1388		by law shall have a decal affixed at the time ad valorem taxes are
765	1389		paid for such manufactured home; provided, for a manufac tured home
766	1390		permanently affixed to real estate, no decal or licens e plate shall
	1391	+
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	1393	+	(Bold face denotes Committee Amendments) 1
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767	1418		be required to be affixed and the owner thereof shall be given a
768	1419		receipt upon payment of ad valorem taxes due on the home. The Tax
769	1420		Commission shall make sufficient plates and d ecals available to the
770	1421		various motor license agents of the state in order for an owner of a
771	1422		manufactured home to acquire the plate or decal. A one -dollar fee
772	1423		shall be charged for issuance of any plate or decal. The fee shall
773	1424		be apportioned each month to the General Revenue Fund of the State
774	1425		Treasury.
775		-
776	1426		F. The decal shall be easily visible for purposes of
777	1427		verification by a county assessor that the manufactured home is
778	1428		properly assessed for ad valorem taxation. In the first year of
779	1429		registration, a decal sha ll be issued for placement on the license
780	1430		plate indicating paymen t of applicable registration fees and excise
781	1431		taxes. A duplicate manufactured home registration decal shall be
782	1432		affixed inside the window nearest the front door of the manufactured
783	1433		home. In the second and all subsequent years for which the
784	1434		manufactured home is subject to ad valorem taxation, an annual decal
785	1435		shall be affixed inside the window nearest the front door as
786	1436		evidence of payment of ad valorem taxes. The Tax Commission shall
787	1437		issue decals to the various county treasurers of the state in order
788	1438		for a manufactured home owner to obtain such decal each year. Upon
789	1439		presentation of a valid ad valorem tax receipt, the manufactured
790	1440		home owner shall be issued the annual decal.
791	1441
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792	1468		G. Upon the registr ation of a manufactured home in this state
793	1469		for the first time or upon discovery of a manufactured home
794	1470		previously registered within this state for which the information
795	1471		required by this subsection is not known, the Tax Commission shall
796	1472		obtain:
797		-
798	1473		1. The name of the owner of the manufactured home;
799		-
800	1474		2. The serial number or identification number of the
801	1475		manufactured home;
802		-
803	1476		3. A legal description or address of the location for the home;
804		-
805	1477		4. The actual retail selling price of the manufactured home
806		-	excluding Oklahoma taxes; ENR. H. B. NO. 2382 Page 19
807		-
	1478	+	excluding Oklahoma taxes;
808	1479		5. The certificate of title number for the home; and
809		-
810	1480		6. Any other information which the Tax Commission deems to be
811	1481		necessary.
812		-
813	1482		The application for registration shall also include the school
814	1483		district in which the manufactured home is located or is to be
815	1484		located. The information shall be entered into a computer data
816	1485		system which shall be used by the Tax Commission to provide
817	1486		information to county assessors upon request by the assessor. The
818	1487		assessor may request any information from the system in or der to
819	1488		properly assess a manufactured home for ad valorem taxatio n.
820		-
821	1489		SECTION 5. AMENDATORY 47 O.S. 2011, Section 1115.3, is
822	1490		amended to read as follows:
823	1491
824		-	Section 1115.3 A. Except as otherwise provided by this
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	1517	+
	1518	+	Section 1115.3. A. Except as otherwise provided by this
825	1519		section, all-terrain vehicles, utility vehicles and motorcycles used
826	1520		exclusively off roads or highways shall be registered once with the
827	1521		Oklahoma Tax Commission within thirty (30) days after purchase.
828		-
829	1522		B. For all-terrain vehicles or motorcycles used exclusively off
830	1523		roads or highways purchased prior to July 1, 2005, registration, as
831	1524		otherwise required by Section 1115 of this title, shall not be
832	1525		required, but shall be allowed at the option of the owner of the
833	1526		all-terrain vehicle or motorcycle used exclusively off roads or
834	1527		highways.
835		-
836	1528		C. For utility vehicles used exclusively off roads or highways
837	1529		purchased prior to July 1, 2008, registration, as otherwise required
838	1530		by Section 1115 of this title, shall not be required but shall be
839	1531		allowed at the option of the owner of the utility vehi cle used
840	1532		exclusively off roads or highways.
841		-
842	1533		D. All-terrain vehicles, utility vehicles or motorcycles used
843	1534		exclusively off roads or highways owned or purchased by a person
844	1535		that possesses an agricultural exemption pursuant to Section 1358.1
845	1536		of Title 68 of the Oklahoma Statutes may be registered as provided
846	1537		by this section, but shall not require registration.
847		-
848	1538		E. Vehicles meeting the specifications and description of a
849	1539		street-legal utility vehicle as described in Section 1 of this act
850		-	shall be required to receive a certificate of registration, license ENR. H. B. NO. 2382 Page 20
	1540	+	shall be required to rec eive a certificate of registration, license
	1541	+
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	1567	+
851	1568		plate and yearly decal before operation on the streets, county roads
852	1569		and state highways.
853		-
854	1570		SECTION 6. It being immediately necessary for the preservation
855	1571		of the public peace, health or safety, an e mergency is hereby
856	1572		declared to exist, by reason whereof this act s hall take effect and
857	1573		be in full force from and after its passage and approval.
858		-	ENR. H. B. NO. 2382 Page 21
859		-	Passed the House of Representatives the 2nd day of March, 2021.
860		-
861		-
862		-
863		-
864		-	Presiding Officer of the House
865		-	of Representatives
866		-
867		-
868		-	Passed the Senate the 21st day of April, 2021.
869		-
870		-
871		-
872		-
873		-	Presiding Officer of the Senate
874		-
875		-
876		-
877		-	OFFICE OF THE GOVERNOR
878		-	Received by the Office of the Governor this ____________________
879		-	day of ___________________, 20_______, at _______ o'clock _______ M.
880		-	By: _________________________________
881		-	Approved by the Governor of the State of Oklahoma this _________
882		-	day of ___________________, 20_______, at ___ ____ o'clock _______ M.
883		-
884		-
885		-	_________________________________
886		-	Governor of the State of Oklahoma
887		-
888		-	OFFICE OF THE SECRETARY OF STATE
889		-	Received by the Office of the Secretary of State this __________
890		-	day of ___________________, 20_______, at _______ o'clock ___ ____ M.
891		-	By: _________________________________
892		-
	1574	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	1575	+	March 31, 2021 - DO PASS