Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3179 Enrolled / Bill

Filed 05/02/2022

                    An Act 
ENROLLED HOUSE 
BILL NO. 3179 	By: Phillips and Frix of the 
House 
 
  and 
 
  Dossett (J.J.) of the 
Senate 
 
 
 
 
 
 
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 registration for certain 
vehicles; providing for plate placement on vehicle; 
providing for fee for replacem ent plate; authorizing 
the design, color, and size of plate and decals; 
requiring certain decals to be of a differ ent color; 
requiring issuance of a certain identification 
number; requiring the tagging of certain other 
vehicle; requiring certain one-time processing fee; 
providing for codification; and providing an 
effective date. 
 
 
 
SUBJECT: Motor vehicles 
 
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: 
  ENR. H. B. NO. 3179 	Page 2 
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 surp lus 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: 
 
"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 exclusi vely off roads and 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 described in the application  ENR. H. B. NO. 3179 	Page 3 
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 m otorcycle used exclusively 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 aff ixed to the license 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 
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 replace ment license plate, 
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 d ecal 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 cou nty 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. 
 
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 Oklahoma 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  ENR. H. B. NO. 3179 	Page 4 
certificate of registration, 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 t o 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 
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 vehicle 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 sh all design and issue 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 expir ation, 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 title.  The 
Oklahoma Tax Commission is authorized to pr omulgate 
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  ENR. H. B. NO. 3179 	Page 5 
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 
Oklahoma Corporation Commission , as applicable, shall 
design and assign license plates of a distinctive 
design in lieu of the us ual license plates that shall 
show, in addition to the id entification number, that 
the vehicle meets the q ualifications of a military 
surplus vehicle, as the c ase may be, owned by an 
Oklahoma military surplus vehicle collector. The 
registration shall be va lid for one (1) year and may 
be renewed by payment of su ch annual fee.  The yearly 
decal shall have an id entification number and the last 
two numbers of the re gistration year for which it 
shall expire.  Except as provided by Section 1113A of 
this title, the license plate shall be aff ixed to the 
exterior of the vehicle until a repla cement license 
plate is issued.  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 yearly decal will validate the license 
plate for each regis tration 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 Commission may direct.  However, 
yearly decals issued to the owner of a v ehicle who has 
filed an affidavit with the appro priate motor license 
agent in 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  ENR. H. B. NO. 3179 	Page 6 
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 Public 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 times. 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 
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 registered 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 be 
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. 
  ENR. H. B. NO. 3179 	Page 7 
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 
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; 
 
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; 
  ENR. H. B. NO. 3179 	Page 8 
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. 
 
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 
appearing on such certificate has been changed, altered, obliterated 
or concealed in any way, until the proper registration or  ENR. H. B. NO. 3179 	Page 9 
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 
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  ENR. H. B. NO. 3179 	Page 10 
presentation of a valid ad valorem tax receipt, the manufactured 
home owner shall be issued the annual decal. 
 
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. 
  ENR. H. B. NO. 3179 	Page 11 
Passed the House of Representatives the 23rd day of March, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 27th day of April, 2022. 
 
 
 
  
 	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 Governor 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 Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________