Oklahoma 2022 Regular Session

Oklahoma House Bill HB3179 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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3	34		BILL NO. 3179 By: Phillips and Frix of the
4	35		House
5	36
6	37		and
7	38
8	39		Dossett (J.J.) of the
9	40		Senate
10	41
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13	44
14		-
15		-
16	45		An Act relating to motor vehicles; defining terms;
17	46		requiring registration for certain vehicles;
18	47		disallowing for-hire transportation in certain
19	48		vehicles; amending 47 O.S. 2021, Section 1113, which
20	49		relates to the issuance of certificates of
21		-	registration, license plates, and decals; providing
	50	+	registration, license plates and decals ; providing
22	51		for the distinctive design and issuance of license
23		-	plates, decals, and registration for certain
24		-	vehicles; providing for plate placement on vehicle;
25		-	providing for fee for replacem ent plate; authorizing
26		-	the design, color, and size of plate and decals;
27		-	requiring certain decals to be of a differ ent color;
28		-	requiring issuance of a certain identification
29		-	number; requiring the tagging of certain other
30		-	vehicle; requiring certain one-time processing fee;
31		-	providing for codification; and providing an
32		-	effective date.
	52	+	plates, decals and registration for certain vehicl es;
	53	+	providing for plate placement on vehicle; providing
	54	+	for fee for replacem ent plate; authorizing for the
	55	+	design, color and size of plate and decals; requ iring
	56	+	certain decals to be of a differ ent color; requiring
	57	+	issuance of a certain identification numbe r;
	58	+	requiring the tagging of certain other vehicle;
	59	+	requiring certain one-time processing fee; providing
	60	+	for codification; and providing an effec tive date.
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36		-	SUBJECT: Motor vehicles
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38	65		BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
39		-
40	66		SECTION 1. NEW LAW A new section of law to be codified
41	67		in the Oklahoma Statutes as Section 1-133.1a of Title 47, unless
42	68		there is created a duplication in numbering, reads as follows:
	69	+	A. A "military surplus vehicle" is any motor vehicle having:
43	70
44		-	A. A "military surplus vehicle" is any motor vehicle having:
45		-	ENR. H. B. NO. 3179 Page 2
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46	97		1. Three axles or fewer that meet the legal size and weight
47	98		limits set forth in Section 14-103 of Title 47 of the Oklahoma
48	99		Statutes;
49		-
50	100		2. An age less than thirty-five (35) years old and was
51	101		manufactured for use in either the United States Armed Forces or any
52	102		country that was a member of the North Atlantic Treaty Organization
53	103		at the time the vehicle was manufactured. Such vehicle shall have
54	104		been subsequently autho rized for sale to civilia ns, except that
55	105		military surplus vehicle does not include a tracked vehicle;
56		-
57	106		3. For each occupant, safety belts or safety shoulder harnesses
58	107		which shall be installed pursuant to 49 C.F.R., Section 571.208 et
59	108		seq.; and
60		-
61	109		4. Equipment required by the provisions of Sections 12 -201
62	110		through 12-232 of Title 47 of the Oklahoma Statutes, with respect to
63	111		equipment on vehicles.
64		-
65	112		B. A military surplus vehicle operated on the streets and
66	113		highways of this state shall be registered as a motor vehicle.
67		-
68	114		C. Military surplus vehicles may be used as other vehicles of
69	115		the same type, except military surplus vehicles may not transport
70	116		people for hire.
71		-
72	117		SECTION 2. NEW LAW A new section of law to be codified
73	118		in the Oklahoma Statutes as Section 1-133.1b of Title 47, unless
74	119		there is created a du plication in numbering, reads as follows:
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75	146
76	147		"Military surplus vehicle collector" means the owner of one or
77	148		more military surplus vehicles who acquire s, collects, purchases,
78	149		trades, or disposes of such vehicles or parts there of for such
79	150		person's own use in order to restore, preserve, and maintain such
80	151		vehicle or vehicles for historic interest.
81		-
82	152		SECTION 3. AMENDATORY 47 O.S. 2021, Section 1113, is
83	153		amended to read as f ollows:
84		-
85	154		Section 1113. A. 1. Except for all-terrain vehicles, utility
86	155		vehicles and motorcycles used exclusively off roads and highways,
87	156		upon the filing of a registration applica tion and the payment of t he
88	157		fees provided for in the Oklahoma Vehicle License and Registration
89	158		Act, the Oklahoma Tax Commission or Corporation Commission , as
90		-	applicable, shall assign to the vehicle described in the application ~~ENR. H. B. NO. 3179 Page 3~~
	159	+	applicable, shall assign to the vehicle described in the application
91	160		a distinctive number, and iss ue to the owner of the ve hicle a
92	161		certificate of regis tration, one license pla te and a yearly decal .
93	162		The Oklahoma Tax Commission shall assign an all -terrain vehicle,
94	163		utility vehicle or motorcycle used exclusively off roads and
95	164		highways a distinctive number and issue to the owner a certificate
96	165		of registration and a decal but not a license plate. For each
97	166		subsequent registration year, the Tax Commission sha ll issue a
98	167		yearly decal to be affixed to the license plate, except for an all-
99	168		terrain vehicle, utility vehicle or motorcycle use d exclusively off
100	169		roads and highways. The initial decal for an all-terrain vehicle,
101	170		utility vehicle or motorcycle shall be atta ched to the front of the
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102	198		vehicle and shall be in clear view. The decal shall be on the front
103	199		or on the front fork of the motorc ycle used exclusively off ro ads
104	200		and highways and the decal shall be in clear view . The yearly decal
105	201		shall have an identificatio n number and the last two numbers of the
106	202		registration year for which it shall expire. Except as provided by
107	203		Section 1113A of this title, the license plate shall be affixed to
108	204		the exterior of the vehicle until a replacement license plate is
109	205		applied for. If the owner applies for a replacement license plate,
110	206		the Tax Commission shall charge the fee provided f or in Section 1114
111	207		of this title. The yearly decal will validate the license plate for
112	208		each registration period other than the year the license plate is
113	209		issued. The license plate and decal shall be of such size, color,
114	210		design and numbering as the Tax Com mission may direct. However,
115	211		yearly decals issued to the owner of a vehicle who has filed an
116	212		affidavit with the appropriate motor license agent in accor dance
117	213		with Section 7-607 of this title shall be a separate and distinct
118	214		color from all other decals iss ued under this section . Before the
119	215		effective date of this act, the Tax Commi ssion shall also issue a
120	216		monthly decal which shall include a two -letter abbreviation
121	217		corresponding to the county in which the vehicle is registered. The
122	218		Tax Commission shall issu e all decals in the posse ssion of the Tax
123	219		Commission on the effective date of this act before issuing any
124	220		decals which do not contain the county abbrevia tion.
125	221
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126	248		2. a. The operation of a street-legal utility vehicle on the
127	249		streets and highways of this stat e requires the
128	250		vehicle be issued a certificate of re gistration and
129	251		license plate to be renewed annually . Upon the filing
130	252		of a registration application an d the payment of the
131	253		fees provided for in the Oklahoma Vehicle License and
132	254		Registration Act, the Oklah oma Tax Commission or
133	255		Corporation Commission, as app licable, shall assign to
134	256		the vehicle described in the application a distinctive
135		-	number, and issue to t he owner of the vehicle a ~~ENR. H. B. NO. 3179 Page 4~~
	257	+	number, and issue to t he owner of the vehicle a
136	258		certificate of registration, one license plate and a
137	259		yearly decal. For each subsequent registration year,
138	260		the Tax Commission sh all issue a yearly decal to be
139	261		affixed to the license plate . The initial decal for a
140	262		street-legal utility vehicle shall be attached to the
141	263		front of the vehicle and shall be in clear view. The
142	264		yearly decal shall have an identifi cation number and
143	265		the last two numbers of the regist ration year for
144	266		which it shall expire . Except as provided by Section
145	267		1113A of this title, the license plate shall be
146	268		affixed to the exterior of the vehicle until a
147	269		replacement license plate is issued. If the owner
148	270		applies for a replacement license plate, the Tax
149	271		Commission shall charge the fee provided for in
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150	299		Section 1114 of this title. The yearly decal will
151	300		validate the license plate for each registration
152	301		period other than the year the license plate is
153	302		issued. The license plate and decal shall be of su ch
154	303		size, color, design and numbering as the Tax
155	304		Commission may direct . However, yearly decals issued
156	305		to the owner of a vehicle who has filed an affidavit
157	306		with the appropriate mot or license agent in accor dance
158	307		with Section 7-607 of this title shall be a separate
159	308		and distinct color from all other decals issued under
160	309		this section.
161		-
162	310		b. The Oklahoma Tax Commission shall design and issue a
163	311		temporary tag to out-of-state owners of street -legal
164	312		utility vehicles. The temporary tag shall be
165	313		recognized in lieu of regi stration in this state . The
166	314		temporary tag shall clearly indicate the date of
167	315		issuance and the date of expiration, which shall be
168	316		five (5) days, including the day of issuance . Upon
169	317		application for a temporary tag, the out -of-state
170	318		owner shall show proof o f insurance coverage that
171	319		satisfies the requirements of the Compulsory Insura nce
172	320		Law pursuant Section 7-600 et seq. of this title. The
173	321		Oklahoma Tax Commission is authorized to pr omulgate
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174	349		rules and procedures to implement the pro visions of
175	350		this paragraph.
176		-
177	351		3. a. The operation of a military surplus vehicle, as
178	352		defined by Section 1 of this act, on the streets and
179	353		highways of this state requires that the vehicle be
180		-	issued a certificate of registration and license plate ~~ENR. H. B. NO. 3179 Page 5~~
	354	+	issued a certificate of registration and license plate
181	355		to be renewed annuall y. Upon the filing of a
182	356		registration application and the paym ent of the fees
183	357		provided for in the Oklahoma Vehicle License and
184	358		Registration Act, the Oklahoma Tax Commission or
185	359		Oklahoma Corporation Commission , as applicable, shall
186	360		design and assign license plates of a distinctive
187	361		design in lieu of the us ual license plates that shall
188	362		show, in addition to the id entification number, that
189	363		the vehicle meets the q ualifications of a military
190	364		surplus vehicle, as the c ase may be, owned by an
191	365		Oklahoma military surplus vehicle collector. The
192	366		registration shall be va lid for one (1) year and may
193	367		be renewed by payment of su ch annual fee. The yearly
194	368		decal shall have an id entification number and the last
195	369		two numbers of the re gistration year for which it
196	370		shall expire. Except as provided by Section 1113A of
197	371		this title, the license plate shall be aff ixed to the
198	372		exterior of the vehicle until a replacement license
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199	400		plate is issued. If the owner applies for a
200	401		replacement license pl ate, the Tax Commission shall
201	402		charge the fee provided for in Section 1114 of this
202	403		title. The yearly decal will validate the license
203	404		plate for each regis tration period other than the year
204	405		the license plate is issued. The license plate and
205	406		decal shall be of such size, color, design , and
206	407		numbering as the Tax Commission may direct. However,
207	408		yearly decals issued to the owner of a v ehicle who has
208	409		filed an affidavit with the appropriate motor license
209	410		agent in accordance with Section 7-607 of this title
210	411		shall be a separate and distinct color from all other
211	412		decals issued under this section.
212		-
213	413		b. Each military surplus vehicle collector, as defined by
214	414		Section 2 of this act, who applies for military
215	415		surplus vehicle license plates will be issued a
216	416		military surplus colle ctor's identification number
217	417		that will appear on each license plate. Second and
218	418		all subsequent registrations under this section by the
219	419		same collector will bear the same collector's
220	420		identification numbe r followed by a suffix letter for
221	421		vehicle identificati on.
	422	+	c. A military surplus vehicle collector must own and have
	423	+	registered one or more vehicles with regular Oklahoma
222	424
223		-	c. A military surplus vehicle collector must own and have
224		-	registered one or more vehicles with regular Oklahoma ENR. H. B. NO. 3179 Page 6
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225	451		license plates that are u sed for regular
226	452		transportation.
227		-
228	453		d. There shall be a one-time processing fee of Twenty
229	454		Dollars ($20.00) to defray the cost of issuing the
230	455		original military surplus vehicle collector's military
231	456		surplus vehicle designation license plates to ensure
232	457		that each collector wi ll be issued only one
233	458		collector's identification number.
234		-
235	459		4. The license plate shall b e securely attached to the rear of
236	460		the vehicle, except truck -tractor plates which shall be attached to
237	461		the front of the vehicle . The Tax Commission may, with the
238	462		concurrence of the Department of Public Safety, by Joint Rule,
239	463		change and direct the manner, place and location of display of any
240	464		vehicle license plate when such action is deemed in the public
241	465		interest. The license plate, decal and all letters and numbers
242	466		shall be clearly visible at all times. The operation of a vehicle
243	467		in this state, regardless of where such vehicle is registered, upon
244	468		which the license plate is covered, overlaid or otherwise screened
245	469		with any material, whether suc h material be clear, transluce nt,
246	470		tinted or opaque, shall be a violation of this paragraph.
247		-
248	471		4. 5. Upon payment of the annual registration fee provided in
249	472		Section 1133 of this title, the Tax Commission or Corporation
250	473		Commission, as applicable, or a motor l icense agent may issue a
251	474		permanent nonexpiring license plate to an owner of one hundred or
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252	502		more commercial motor veh icles and for vehicles registered under the
253	503		provisions of Section 1120 of this title . Upon payment of the
254	504		annual registration fee, the Tax Commission or Corporation
255	505		Commission shall issue a certificate of registration that shall be
256	506		carried at all times in the vehicle for which it is issued.
257	507		Provided, if the registrant submits its application through
258	508		electronic means, such qualified owners of one hundred or more
259	509		commercial motor vehicles, properly registered pursuant to the
260	510		provisions of Section 1133 of th is title, may elect to receive a
261	511		permanent certificate of registration that shall be carried at all
262	512		times in the vehicle for which it is iss ued.
263		-
264	513		5. 6. Every vehicle owned by an agency of this state shall be
265	514		exempt from the payment of registration fees req uired by this title.
266	515		Provided, such vehicle shall be registered and shall otherwise
267	516		comply with the provisions of the Oklahoma Vehicle Lice nse and
268	517		Registration Act.
269		-	ENR. H. B. NO. 3179 Page 7
270	518		B. The license plates required under the provisions of this
271	519		title shall conform to the re quirements and specifications listed
272	520		hereinafter:
273		-
274	521		1. Each license plate shall have a space for the placement of
275	522		the yearly decals for each succeeding year of registratio n after the
276	523		initial issue;
277		-
278	524		2. The provisions of the Oklahoma Vehicle License and
279	525		Registration Act regarding the issuance of yearly decals shall not
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280	553		apply to the issuance of apportioned license plates, including
281	554		license plates for state vehicles, and exemp t plates for
282	555		governmental entities and fire departments organized pursuant to
283	556		Section 592 of Title 18 of the Oklahoma Statutes;
284		-
285	557		3. All license plates and decals shall be made with
286	558		reflectorized material as a background to the letters, numbers and
287	559		characters displayed thereon. The reflectorized material shall be
288	560		of such a nature as to prov ide effective and dependable brightness
289	561		during the service period for which the license plate or decal is
290	562		issued;
291		-
292	563		4. Except as otherwise pr ovided in this subsection, the Tax
293	564		Commission shall design appropriate official license plates for all
294	565		state vehicles. Such license plates shall be permanent in nature
295	566		and designed in such manner as to remain with the vehicle for the
296	567		duration of the vehic le's life span or until the ti tle is
297	568		transferred to a nongovernmental owner;
298		-
299	569		5. Within the limits prescribed in thi s section, the Tax
300	570		Commission shall design appropriate official license plates for
301	571		vehicles of the Oklahoma Highway Patrol . The license plates shall
302	572		have the legend "Oklahoma OK" and shall contain the letters "OHP"
303	573		followed by the state seal and the badge number of the Highway
304	574		Patrol officer to whom the vehicle is assigned . The words "Oklahoma
305	575		Highway Patrol" shall also be included on such l icense plates;
306	576
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307	603		6. Within the limits prescribed in this section, the Tax
308	604		Commission shall design appropriate officia l license plates for
309	605		vehicles of the Oklahoma Military Department . Such license plates
310	606		shall have the legend "Oklahoma OK" and shall contain the letters
311	607		"OMD" followed by the state seal and three numbers or letters as
312	608		designated by the Adjutant General . The words "Oklahoma Military
313	609		Department" shall also be included on such license plates;
314		-	ENR. H. B. NO. 3179 Page 8
315	610		7. Within the limits prescribed in this section, th e Tax
316	611		Commission shall design appropriate official license plates for
317	612		vehicles of the Oklahoma Department of Correct ions. Such license
318	613		plates shall contain the letters "DOC" followed by the Department of
319	614		Corrections badge and three numbers or letters or c ombination of
320	615		both as designated by the Director of the agency. The words
321	616		"Department of Corrections" shall also be included on such license
322	617		plates; and
323		-
324	618		8. Within the limits prescribed in this section, the Oklahoma
325	619		Tourism and Recreation Department shall design any license plates
326	620		required by the initiation of a license plate reissuance by the
327	621		Oklahoma Tax Commission a t the request of the Department of Public
328	622		Safety pursuant to the provisions of Section 1113.2 of this title .
329	623		Any such new designs shall be submitted by the Oklahoma Tourism and
330	624		Recreation Department to the Department of Public Safety for its
331	625		approval prior to being issued by the Oklahoma Tax Commission.
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332	652
333	653		C. Where the applicant has satisfactorily shown that the
334	654		applicant owns the vehicle sough t to be registered but is unable to
335	655		produce documentary evidence of the ownership, a license plate may
336	656		be issued upon approval by the Tax Commission or Corporation
337	657		Commission, as applicable . In such instances the reason for not
338	658		issuing a certificate of ti tle shall be indicated on the receipt
339	659		given to the applicant. It shall still be the duty of the applicant
340	660		to immediately take all necessary steps to obtain the Oklahoma
341	661		certificate of title and it shall be unlawful for the applicant to
342	662		sell the vehicle until the certificate has been obtained in the
343	663		applicant's name.
344		-
345	664		D. The certificate of registration provided for in t his section
346	665		shall be in convenient form, and the certificate of registration, or
347	666		a certified copy or photostatic copy thereof, duly authenti cated by
348	667		the Tax Commission or Corporation Commission, as applicable, shall
349	668		be carried at all times in or upon all v ehicles so registered, in
350	669		such manner as to permit a ready examination thereof upon demand by
351	670		any peace officer of the state or duly authori zed employee of the
352	671		Department of Public Safety. Any such officer or agent may seize
353	672		and hold such vehicle when the operator of the same does not have
354	673		the registration certificate in the operator 's possession or when
355	674		any such officer or agent determines t hat the registration
356	675		certificate has been obtained by misrepresentation of any essential
357	676		or material fact or when an y number or identifying information
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358	704		appearing on such certificate has been changed, altered, obliterated
359		-	or concealed in any way, until the proper registration or ~~ENR. H. B. NO. 3179 Page 9~~
	705	+	or concealed in any way, until the proper registration or
360	706		identification of such vehicle has been made or produced by the
361	707		owner thereof.
362		-
363	708		E. The purchaser of a new or used manufactured home shall,
364	709		within thirty (30) days of the date of purchase, register the home
365	710		with the Tax Commission or a motor license agent pursuant to the
366	711		provisions of Section 1117 of this title. For a new manufactured
367	712		home, it shall be the responsibility of the dealer selling the home
368	713		to place a temporary license plate on the home in the same manner as
369	714		provided in Section 1128 of this title for other new motor vehicles.
370	715		For the first year that any manufactured home is registered i n this
371	716		state, the Tax Commission shall issue a metal license plate which
372	717		shall be affixed to the manufactured home . The temporary dealer
373	718		license plate or the metal license plate shall be displayed on the
374	719		manufactured home at all times when upon a public r oadway; provided,
375	720		a repossession affidavit issued pursuant to Sections 1110 and 1126
376	721		of this title shall be permissible in lieu of a current license
377	722		plate and decal for the purposes of removing a repossessed
378	723		manufactured home to a secure location. Manufactured homes
379	724		previously registered and subject to ad valorem taxation as provided
380	725		by law shall have a decal affixed at the time ad valorem ta xes are
381	726		paid for such manufactured home; provided, for a manufactured home
382	727		permanently affixed to real estate, no de cal or license plate shall
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383	755		be required to be affixed and the owner thereof shall be given a
384	756		receipt upon payment of ad valorem taxes due on the home. The Tax
385	757		Commission shall make sufficient plates and decals available to the
386	758		various motor license agents of the state in order for an owner of a
387	759		manufactured home to acquire the plate or decal . A one-dollar fee
388	760		shall be charged for issuance of any plate or decal. The fee shall
389	761		be apportioned each month to the General Revenue Fund of the State
390	762		Treasury.
391		-
392	763		F. The decal shall be easily visible for purposes of
393	764		verification by a county assessor that the manufactured home is
394	765		properly assessed for ad v alorem taxation. In the first year of
395	766		registration, a decal shall be issued for placement on the license
396	767		plate indicating payment of applicable registration fees and excise
397	768		taxes. A duplicate manufactured home registration decal shall be
398	769		affixed inside the window nearest the front door of the manufactured
399	770		home. In the second and all subsequent years for which the
400	771		manufactured home is subject to ad valorem taxation, an annual decal
401	772		shall be affixed inside the window nearest the front door as
402	773		evidence of payment of ad valorem taxes. The Tax Commission shall
403	774		issue decals to the various county treasurers of the state in order
404		-	for a manufactured home owner to obtain such decal each year . Upon ~~ENR. H. B. NO. 3179 Page 10~~
	775	+	for a manufactured home owner to obtain such decal each year . Upon
405	776		presentation of a valid ad valorem tax receipt, the manufactured
406	777		home owner shall be issued the annual decal.
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407	804
408	805		G. Upon the registration of a manufactured home in this state
409	806		for the first time or upon discovery of a manufactured home
410	807		previously registered within this state for which the information
411	808		required by this subsec tion is not known, the Tax Commission shall
412	809		obtain:
413		-
414	810		1. The name of the owner of the manufactured home;
415		-
416	811		2. The serial number or identification number of the
417	812		manufactured home;
418		-
419	813		3. A legal description or address of the location for the home;
420		-
421	814		4. The actual retail selling price of the manufactured home
422	815		excluding Oklahoma taxes;
423		-
424	816		5. The certificate of title number for the home; and
425		-
426	817		6. Any other information which the Tax Commission deems to be
427	818		necessary.
428		-
429	819		The application for registration shall also include the school
430	820		district in which the manufactured home is located or is to be
431	821		located. The information shall be entered in to a computer data
432	822		system which shall be used by the Tax Commission to provide
433	823		information to county assessors upon request by the assessor . The
434	824		assessor may request any information from the system in order to
435	825		properly assess a manufactured home for ad va lorem taxation.
436		-
437	826		SECTION 4. This act shall become effective November 1, 2022.
438		-	ENR. H. B. NO. 3179 Page 11
439		-	Passed the House of Representatives the 23rd day of March, 2022.
440		-
441		-
442		-
443		-
444		-	Presiding Officer of the House
445		-	of Representatives
446		-
447		-
448		-	Passed the Senate the 27th day of April, 2022.
449		-
450		-
451		-
452		-
453		-	Presiding Officer of the Senate
454		-
455		-
456		-
457		-
458		-	OFFICE OF THE GOVERNOR
459		-	Received by the Office of the Governor this ____________________
460		-	day of ________________ ___, 20_______, at _______ o'clock _______ M.
461		-	By: _________________________________
462		-	Approved by the Governor of the State of Oklahoma this _____ ____
463		-	day of ___________________, 20_______, at _______ o'clock _______ M.
464		-
465		-
466		-	_________________________________
467		-	Governor of the State of Oklahoma
468		-
469		-	OFFICE OF THE SECRETARY OF STATE
470		-	Received by the Office of the Secretary of State this __________
471		-	day of ___________________, 20_______, at _______ o'clock _______ M.
472		-	By: _________________________________
473		-
	827	+	COMMITTEE REPORT BY: COMMITTEE ON FINANCE
	828	+	April 7, 2022 - DO PASS