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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3179 By: Phillips and Frix
AS INTRODUCED
An Act relating to motor vehicles; defining terms;
requiring registration for certain vehicles;
disallowing for-hire transportation in certain
vehicles; amending 47 O.S. 2021, Section 1113, which
relates to the issuance of certificates of
registration, license plates and decals ; providing
for the distinctive design and issuance of license
plates, decals and reg istration for certain vehicl es;
providing for plate placem ent on vehicle; providing
for fee for replacem ent plate; authorizing for the
design, color and size of plate and decals; requ iring
certain decals to be of a differ ent color; requiring
issuance of a certain identification numbe r;
requiring the tagging of certain other vehicle;
requiring certain one-time processing fee; providing
for codification; and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-133.1a of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. A "military surplus vehicle" is any motor vehicle having:
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1. Three axles or fewer that meet the legal size and weight
limits set forth in Section 14-103 of Title 47 of the Oklahoma
Statutes;
2. An age less than thirty-five (35) years old and was
manufactured for use in either the United States Armed Forces or any
country that was a member of the North Atlantic Treaty Organization
at the time the vehicle was manufactured. Such vehicle shall have
been subsequently autho rized for sale to civilia ns, except that
military surplus vehicle does not include a tracked vehicle;
3. For each occupant, safety belts or safety shoulder harnesses
which shall be installed pursuant to 49 C.F.R., Section 571.208 et
seq.; and
4. Equipment required by the provisions of Sections 12 -201
through 12-232 of Title 47 of the Oklahoma Statutes, with respect to
equipment on vehicles.
B. A military surplus vehicle operated on the streets and
highways of this state shall be registered as a motor vehicle.
C. Military surplus vehicles may be used as other vehicles of
the same type, except military surplus vehicles may not transport
people for hire.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-133.1b of Title 47, unless
there is created a du plication in numbering, reads as follows:
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"Military surplus vehicle collector" means the owner of one or
more military surplus vehicles who acquire s, collects, purchases,
trades, or disposes of such vehicles or parts there of for such
person's own use in order to restore, preserve, and maintain such
vehicle or vehicles for historic interest.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 1113, is
amended to read as f ollows:
Section 1113. A. 1. Except for all-terrain vehicles, utility
vehicles and motorcycles used exclusively off roads a nd highways,
upon the filing of a registration applica tion and the payment of t he
fees provided for in the Oklahoma Vehicle License and Registration
Act, the Oklahoma Tax Commission or Corporation Commission , as
applicable, shall assign to the vehicle desc ribed in the application
a distinctive number, and iss ue to the owner of the ve hicle a
certificate of regis tration, one license pla te and a yearly decal .
The Oklahoma Tax Commission shall assign an all -terrain vehicle,
utility vehicle or motorcycle used e xclusively off roads and
highways a distinctive number and issue to the owner a certificate
of registration and a decal but not a license plate. For each
subsequent registration year, the Tax Commission sha ll issue a
yearly decal to be affixed to the lice nse plate, except for an all -
terrain vehicle, utility vehicle or motorcycle use d exclusively off
roads and highways. The initial decal for an all-terrain vehicle,
utility vehicle or motorcycle shall be atta ched to the front of the
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vehicle and shall be in clear view. The decal shall be on the front
or on the front fork of the motorc ycle used exclusively off ro ads
and highways and the decal shall be in clear view . The yearly decal
shall have an identificatio n number and the last two numbers of the
registration year for which it shall expire . Except as provided by
Section 1113A of this title, the license plate shall be affixed to
the exterior of the vehicle until a replacement license plate is
applied for. If the owner applies for a replacement license pla te,
the Tax Commission shall charge the fee provided f or in Section 1114
of this title. The yearly decal will validate the license plate for
each registration period other than the year the license plate is
issued. The license plate and decal shall be of such size, color,
design and numbering as the Tax Com mission may direct. However,
yearly decals issued to the owner of a vehicle who has filed an
affidavit with the appropriate motor license agent in accor dance
with Section 7-607 of this title shall be a separate and distinct
color from all other decals iss ued under this section . Before the
effective date of this act, the Tax Commi ssion shall also issue a
monthly decal which shall include a two -letter abbreviation
corresponding to the county in which the vehicle is registered . The
Tax Commission shall issu e all decals in the posse ssion of the Tax
Commission on the effective date of this act before issuing any
decals which do not contain the county abbrevia tion.
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2. a. The operation of a street -legal utility vehicle on the
streets and highways of this stat e requires the
vehicle be issued a certificate of re gistration and
license plate to be renewed annually . Upon the filing
of a registration application an d the payment of the
fees provided for in the Okl ahoma Vehicle License and
Registration Act, the Oklah oma Tax Commission or
Corporation Commission, as app licable, shall assign to
the vehicle described in the application a distinctive
number, and issue to t he owner of the vehicle a
certificate of registra tion, one license plate and a
yearly decal. For each subsequent registration year,
the Tax Commission sh all issue a yearly decal to be
affixed to the license plate . The initial decal for a
street-legal utility vehicle shall be attached to the
front of the vehicle and shall be in clear view . The
yearly decal shall have an identifi cation number and
the last two numbers of the regist ration year for
which it shall expire . Except as provided by Section
1113A of this title, the license plate shall be
affixed to the exterior of the vehicle until a
replacement license plate is issued. If the owner
applies for a replacement license plate, the Tax
Commission shall charge the fee provided for in
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Section 1114 of this title. The yearly decal will
validate the license plate for each registration
period other than the year the license plate is
issued. The license plate and decal shall be of su ch
size, color, design and numbering as the Tax
Commission may direct . However, yearly decals issued
to the owner of a vehicl e who has filed an affidavit
with the appropriate mot or license agent in accor dance
with Section 7-607 of this title shall be a separate
and distinct color from all other decals issued under
this section.
b. The Oklahoma Tax Commission shall design and iss ue a
temporary tag to out -of-state owners of street -legal
utility vehicles. The temporary tag shall be
recognized in lieu of regi stration in this state . The
temporary tag shall clearly indicate the date of
issuance and the date of expiration, which shall be
five (5) days, including the day of issuance . Upon
application for a temporary tag, the out -of-state
owner shall show proof o f insurance coverage that
satisfies the requirements of the Compulsory Insura nce
Law pursuant Section 7 -600 et seq. of this ti tle. The
Oklahoma Tax Commission is authorized to pr omulgate
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rules and procedures to implement the pro visions of
this paragraph.
3. a. The operation of a military surplus vehicle, as
defined by Section 1 of this act, on the streets and
highways of this state requires that the vehicle be
issued a certificate of registration and license plate
to be renewed annuall y. Upon the filing of a
registration application and the paym ent of the fees
provided for in the Oklahoma Vehicle License and
Registration Act, the Oklahoma Tax Commission or
Corporation Commission , as applicable, shall design
and assign license plates of a distinctive design in
lieu of the usual license plates that shall show, in
addition to the identification number, that the
vehicle meets the qualifications of a military surpl us
vehicle, as the case may be, owned by an Oklahoma
military surplus vehicle collector. The registration
shall be valid for one (1) year and may be renewed by
payment of such annual fee. The yearly decal shall
have an identification number and the last two numbers
of the registration year for which it shall expire.
Except as provided by Section 1113A of this title, th e
license plate shall be aff ixed to the exterior of the
vehicle until a replacement license plate is issu ed.
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If the owner applies for a replacement license pl ate,
the Tax Commission shall charge the fee provided for
in Section 1114 of this title. The yea rly decal will
validate the license plate for each regis tration
period other than the year the license pl ate is
issued. The license plate and decal shall be o f such
size, color, design, and numbering as the Tax
Commission may direct. However, yearly deca ls issued
to the owner of a vehicle who has filed an aff idavit
with the appropriate motor license agent i n accordance
with Section 7-607 of this title shall be a separate
and distinct color from all other decals issued under
this section.
b. Each military surplus vehicle collector, as defined by
Section 2 of this act, who applies for military
surplus vehicle license plates will be issued a
military surplus colle ctor's identification number
that will appear on each license plate. Second and
all subsequent registrations under this section by the
same collector will bear the same collector's
identification numbe r followed by a suffix letter for
vehicle identificati on.
c. A military surplus vehicle collector must own and have
registered one or more vehicles with regular Oklahoma
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license plates that are u sed for regular
transportation.
d. There shall be a one-time processing fee of Twenty
Dollars ($20.00) to defray the cost of issuing the
original military surplus vehicle collector's military
surplus vehicle designation license plates to ensure
that each collector wi ll be issued only one
collector's identification number.
4. The license plate shall b e securely attached to the rear of
the vehicle, except truck -tractor plates which shall be attached to
the front of the vehicle . The Tax Commission may, with the
concurrence of the Department of Publ ic Safety, by Joint Rule,
change and direct the manner, place and location of display of any
vehicle license plate when such action is deemed in the public
interest. The license plate, decal and all letters and numbers
shall be clearly visible at all time s. The operation of a vehicle
in this state, regardless of where such vehicle is registered, upon
which the license plate is covered, overlaid or otherwise screened
with any material, whether suc h material be clear, transluce nt,
tinted or opaque, shall be a violation of this paragraph.
4. 5. Upon payment of the annual registration fee provided in
Section 1133 of this title, the Tax Commission or Corporation
Commission, as applicable, or a motor l icense agent may issue a
permanent nonexpiring license plate to an owner of one hundred or
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more commercial motor veh icles and for vehicles registered under the
provisions of Section 1120 of this title . Upon payment of the
annual registration fee, the Tax Commission or Corporation
Commission shall issue a certificate of registration that shall be
carried at all times in the vehicle for which it is issued.
Provided, if the registrant submits its application through
electronic means, such qualified owners of one hundred or more
commercial motor vehicles, properly regist ered pursuant to the
provisions of Section 1133 of th is title, may elect to receive a
permanent certificate of registration that shall be carried at all
times in the vehicle for which it is iss ued.
5. 6. Every vehicle owned by an agency of this state shall b e
exempt from the payment of registration fees req uired by this title.
Provided, such vehicle shall be registered and shall otherwise
comply with the provisions of the Oklahoma Vehicle Lice nse and
Registration Act.
B. The license plates required under th e provisions of this
title shall conform to the re quirements and specifications listed
hereinafter:
1. Each license plate shall have a space for the placement of
the yearly decals for each succeeding year of registratio n after the
initial issue;
2. The provisions of the Oklahoma Vehicle License and
Registration Act regarding the issuance of yearly decals shall not
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apply to the issuance of apportioned license plates, including
license plates for state vehicles, and exemp t plates for
governmental entities a nd fire departments organized pursuant to
Section 592 of Title 18 of the Oklahoma Statutes;
3. All license plates and decals shall be made with
reflectorized material as a background to the letters, numbers and
characters displayed thereon. The reflectorized material shall be
of such a nature as to prov ide effective and dependable brightness
during the service period for which the license plate or decal is
issued;
4. Except as otherwise pr ovided in this subsection, the Tax
Commission shall design appropr iate official license plates for all
state vehicles. Such license plates shall be permanent in nature
and designed in such manner as to remain with the vehicle for the
duration of the vehic le's life span or until the ti tle is
transferred to a nongovernmen tal owner;
5. Within the limits prescribed in thi s section, the Tax
Commission shall design appropriate official license plates for
vehicles of the Oklahoma Highway Patrol . The license plates shall
have the legend "Oklahoma OK" and shall contain the lett ers "OHP"
followed by the state seal and the badge number of the Highway
Patrol officer to whom the vehicle is assigned . The words "Oklahoma
Highway Patrol" shall also be included on such l icense plates;
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6. Within the limits prescribed in this section, t he Tax
Commission shall design appropriate officia l license plates for
vehicles of the Oklahoma Military Department . Such license plates
shall have the legend "Oklahoma OK" and shall contain the letters
"OMD" followed by the state seal and three numbers o r letters as
designated by the Adjutant General . The words "Oklahoma Military
Department" shall also be included on such license plates;
7. Within the limits prescribed in this section, th e Tax
Commission shall design appropriate official license plates for
vehicles of the Oklahoma Department of Correct ions. Such license
plates shall contain the letters "DOC" followed by the Department of
Corrections badge and three numbers or letters or c ombination of
both as designated by the Director of the agency . The words
"Department of Corrections " shall also be included on such license
plates; and
8. Within the limits prescribed in this section, the Oklahoma
Tourism and Recreation Department shall design any license plates
required by the initiation of a license plate reissuance by the
Oklahoma Tax Commission a t the request of the Department of Public
Safety pursuant to the provisions of Section 1113.2 of this title .
Any such new designs shall be submitted by the Oklahoma Tourism and
Recreation Department to the Department of Public Safety for its
approval prior to being issued by the Oklahoma Tax Commission.
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C. Where the applicant has satisfactorily shown that the
applicant owns the vehicle sough t to be registered but is unable to
produce documentary evidence o f the ownership, a license plate may
be issued upon approval by the Tax Commission or Corporation
Commission, as applicable . In such instances the reason for not
issuing a certificate of ti tle shall be indicated on the receipt
given to the applicant . It shall still be the duty of the applicant
to immediately take all necessary steps to obtain the Oklahoma
certificate of title and it shall be unlawful for the applicant to
sell the vehicle until the certificate has been obtained in the
applicant's name.
D. The certificate of registration provided for in t his section
shall be in convenient form, and the certificate of registration, or
a certified copy or photostatic copy thereof, duly authenti cated by
the Tax Commission or Corporation Commission, as applicab le, shall
be carried at all times in or upon all v ehicles so registered, in
such manner as to permit a ready examination thereof upon demand by
any peace officer of the state or duly authori zed employee of the
Department of Public Safety. Any such officer or agent may seize
and hold such vehicle when the operator of the same does not have
the registration certificate in the operator 's possession or when
any such officer or agent determines t hat the registration
certificate has been obtained by misrepresent ation of any essential
or material fact or when an y number or identifying information
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appearing on such certificate has been changed, altered, obliterated
or concealed in any way, until the proper registration or
identification of such vehicle has been mad e or produced by the
owner thereof.
E. The purchaser of a new or used manufactured home shall,
within thirty (30) days of the date of purchase, register the home
with the Tax Commission or a motor license agent pursuant to the
provisions of Section 1117 o f this title. For a new manufactured
home, it shall be the responsibility of the dealer selling the home
to place a temporary license plate on the home in the same manner as
provided in Section 1128 of this title for other new motor vehicles .
For the first year that any manufactured home is registered i n this
state, the Tax Commission shall issue a metal license plate which
shall be affixed to the manufactured home . The temporary dealer
license plate or the metal license plate shall be displayed on the
manufactured home at all times when upon a public r oadway; provided,
a repossession affidavit issued pursuant to Sections 1110 and 1126
of this title shall be permissible in lieu of a current license
plate and decal for the purposes of removing a repossesse d
manufactured home to a secure location . Manufactured homes
previously registered and subject to ad valorem taxation as provided
by law shall have a decal affixed at the time ad valorem ta xes are
paid for such manufactured home; provided, for a manufactu red home
permanently affixed to real estate, no de cal or license plate shall
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be required to be affixed and the owner thereof shall be given a
receipt upon payment of ad valorem taxes due on the home. The Tax
Commission shall make sufficient plates and dec als available to the
various motor license agents of the state in order for an owner of a
manufactured home to acquire the plate or decal . A one-dollar fee
shall be charged for issuance of any plate or decal. The fee shall
be apportioned each month to th e General Revenue Fund of the State
Treasury.
F. The decal shall be easily visible for purposes of
verification by a county assessor that the manufactured home is
properly assessed for ad v alorem taxation. In the first year of
registration, a decal shall be issued for placement on the license
plate indicating payment of applicable registration fees and excise
taxes. A duplicate manufactured home registration decal shall be
affixed inside the window nearest the front door of the manufactured
home. In the second and all subsequent years for which the
manufactured home is subject to ad valorem taxation, an annual decal
shall be affixed inside the window nearest the front door as
evidence of payment of ad valorem taxes. The Tax Commission shall
issue decals to the various county treasurers of the state in order
for a manufactured home owner to obtain such decal each year . Upon
presentation of a valid ad valorem tax receipt, the manufactured
home owner shall be issued the annual decal.
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G. Upon the registration of a manufactured home in this state
for the first time or upon discovery of a manufactured home
previously registered within this state for which the information
required by this subsec tion is not known, the Tax Commission shall
obtain:
1. The name of the owner of the manufactured home;
2. The serial number or identification number of the
manufactured home;
3. A legal description or address of the location for the home;
4. The actual retail selling price of the manufactured home
excluding Oklahoma taxes;
5. The certificate of title number for the home; and
6. Any other information which the Tax Commission deems to be
necessary.
The application for registration shall also include the school
district in which the manufactured home is located or is t o be
located. The information shall be entered in to a computer data
system which shall be used by the Tax Commission to provide
information to county assessors upon request by the assessor . The
assessor may request any information from the system in orde r to
properly assess a manufactured home for ad va lorem taxation.
SECTION 4. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 03/01/2022 -
DO PASS, As Coauthored.