Oklahoma 2022 Regular Session

Oklahoma House Bill HB3674 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	30	+	April 12, 2022
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3	34		BILL NO. 3674 By: Wolfley of the House
4	35
5	36		and
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7	38		Jett of the Senate
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14	43		An Act relating to motor vehicles; creating the
15	44		Olivia's Not a Jerk Law; amending 47 O.S. 2021,
16	45		Section 1151, which relates to offenses and
17	46		penalties; modifying time period before certain
18	47		citations may be issued; providing for
19	48		noncodification; and providing an effective date .
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24		-	SUBJECT: Motor vehicles
25		-
26	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27		-
28	54		SECTION 1. NEW LAW A new section of law not to be
29	55		codified in the Oklahoma Statutes reads as follows:
30		-
31	56		This act shall be known and may be cited as the "Olivia's Not a
32	57		Jerk Law".
33		-
34	58		SECTION 2. AMENDATORY 47 O.S. 2021, S ection 1151, is
35	59		amended to read as follows:
36		-
37	60		Section 1151. A. It shall be unlawful for any person to commit
38	61		any of the following acts:
39		-
40	62		1. To lend or to sell to, or knowingly permit the use of by,
41	63		one not entitled thereto any certificate of title, license plate or
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42	91		decal issued to or in the custody of the person so lending or
43	92		permitting the use thereof;
44		-	ENR. H. B. NO. 3674 Page 2
45	93		2. To alter or in any manner change a certificate of title,
46	94		registration certificate, license plate or decal issued under the
47	95		laws of this or any other sta te;
48		-
49	96		3. To procure from another state or country, or display upon
50	97		any vehicle owned by such person within this state, except as
51	98		otherwise provided in the Oklahoma Vehicle License and Registration
52	99		Act, any license plate issued by any state or country other than
53	100		this state, unless there shall be displayed upon such vehicle at all
54	101		times the current license plate and decal assigned to it by the
55	102		Oklahoma Tax Commission or the Corporation Commission or the vehicle
56	103		shall display evidence that the vehicle is regist ered as a
57	104		nonresident vehicle pursuant to rules promulgated by the Tax
58	105		Commission, with the concurrence of the Department of Public Safety .
59	106		A violation of the provisions of this paragraph shall be presumed to
60	107		have occurred if a person who is the holder of an Oklahoma driver
61	108		license operates a vehicle owned by such person on the public roads
62	109		or highways of this state and there is not displayed on the vehicle
63	110		a current Oklahoma license plate and decal, unless the vehicle is
64	111		owned by a member of the Armed For ces of the United States assigned
65	112		to duty in this state in compliance with official military or naval
66	113		orders or the spouse of such a member of the Armed Forces;
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68	141		4. To drive, operate or move, or for the owner to cause or
69	142		permit to be driven or moved, upon the roads, streets or highways of
70	143		this state, any vehicle loaded in excess of its registered laden
71	144		weight, or which is licensed for a capacity less than the
72	145		manufacturer's rated capacity as provided for in the Oklahoma
73	146		Vehicle License and Registration Act;
74		-
75	147		5. To operate a vehicle without proper license plate or decal
76	148		or on which all taxes due the state have not been paid . No citation
77	149		may be issued by any state, county or municipal law enforcement
78	150		officer during the thirty-day one-month period immediately
79	151		succeeding the last day of the month during which a vehicle
80	152		registration should have been renewed and a current license plate
81	153		decal obtained and displayed on the license plate of the vehicle ;
82		-
83	154		6. To buy, sell or dispose of, or possess for sale, use or
84	155		storage, any secondhand or used vehicle on which the registration or
85	156		license fee has not been paid, as required by law, and on which
86	157		vehicle the person neglects, fails or refuses to display at all
87	158		times the license plate or decal assigned to it;
88		-	ENR. H. B. NO. 3674 Page 3
89	159		7. To give a fictitious name or fictitious address or make any
90	160		misstatement of facts in application for certificate of title and
91	161		registration of a vehicle;
92		-
93	162		8. To purchase a license plate on an assigned certificate of
94	163		title. This particular paragraph shall be applicab le to all persons
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95	191		except a bona fide registered dealer in used cars who are holders of
96	192		a current and valid used car dealer license;
97		-
98	193		9. To operate a vehicle upon the highways of this state after
99	194		the registration deadline for that vehicle without a proper l icense
100	195		plate, as prescribed by the Oklahoma Vehicle License and
101	196		Registration Act, for the current year;
102		-
103	197		10. For any owner of a vehicle registered on the basis of laden
104	198		weight to fail or refuse to weigh or reweigh it when requested to do
105	199		so by any enforcement officer charged with the duty of enforcing
106	200		this law;
107		-
108	201		11. To operate or possess any vehicle which bears a motor
109	202		number or serial number other than the original number placed
110	203		thereon by the factory except a number duly assigned and authorized
111	204		by the state;
112		-
113	205		12. For any motor license agent to release a license plate, a
114	206		manufactured home registration receipt, decal or excise tax receipt
115	207		to any unauthorized person or source including any dealer in new or
116	208		used motor vehicles. Violation of this paragraph sha ll constitute
117	209		sufficient grounds for discharge of a motor license agent by the Tax
118	210		Commission;
119		-
120	211		13. To operate any vehicle registered as a commercial vehicle
121	212		without the lettering requirements of Section 1102 of this title; or
122		-
123	213		14. To operate any vehicle i n violation of the provisions of
124	214		Sections 7-600 through 7-606 of this title while displaying a yearly
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125	242		decal issued to the owner who has filed an affidavit with the
126	243		appropriate motor license agent in accordance with Section 7 -607 of
127	244		this title.
128		-
129	245		Any person convicted of violating any provision of this
130	246		subsection, other than paragraph 3 of this subsection, shall be
131	247		deemed guilty of a misdemeanor and upon conviction shall be punished
132	248		by a fine not to exceed Five Hundred Dollars ($500.00) . Any person
133		-	convicted of violating the provisions of paragraph 3 of this ~~ENR. H. B. NO. 3674 Page 4~~
	249	+	convicted of violating the provisions of paragraph 3 of this
134	250		subsection shall be deemed guilty of a misdemeanor and, upon
135	251		conviction, shall be punished by a fine of not less than One Hundred
136	252		Dollars ($100.00) and not more than Five Hundred Dollars ($500.00)
137	253		and shall be required to obtain an Oklahoma license plate.
138	254		Employees of the Corporation Commission may be authorized by the
139	255		Corporation Commission to issue citations to motor carriers or
140	256		operators of commercial motor vehicles, pursuant to the jurisdiction
141	257		of the Corporation Commission, for a violation of this subsection.
142	258		If a person convicted of violating the provisions of this subsection
143	259		was issued a citation by a duly authorized employee of the
144	260		Corporation Commission, the fine herein levied shall be apportioned
145	261		as provided in Section 1167 of this title.
146		-
147	262		B. Except as otherwise authorized by law, it shall be unlawful
148	263		to:
149		-
150	264		1. Lend or sell to, or knowingly permit the use of by, one not
151	265		entitled thereto any certificate of title issued for a manufactured
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152	293		home, manufactured home registration receipt, manufactured home
153	294		registration decal or excise tax receipt;
154		-
155	295		2. Alter or in any manner change a certificate of title issued
156	296		for a manufactured home under the laws of this state or any other
157	297		state;
158		-
159	298		3. Remove or alter a manu factured home registration receipt,
160	299		manufactured home registration decal or excise tax receipt attached
161	300		to a certificate of title or attach such receipts to a certificate
162	301		of title with the intent to misrepresent the payment of the required
163	302		excise tax and registration fees;
164		-
165	303		4. Buy, sell or dispose of, or possess for sale, use or storage
166	304		any used manufactured home on which the registration fees or excise
167	305		taxes have not been paid as required by law; or
168		-
169	306		5. Purchase identification, manufactured home registrati on
170	307		receipt, manufactured home registration decal or excise tax receipt
171	308		on an assigned certificate of title.
172		-
173	309		Anyone violating the provisions of this subsection, upon
174	310		conviction, shall be guilty of a felony.
175		-
176	311		C. In the event a new vehicle is not registered w ithin thirty
177	312		(30) days from date of purchase, the penalty for the failure of the
178		-	owner of the vehicle to register the vehicle within thirty (30) days ~~ENR. H. B. NO. 3674 Page 5~~
	313	+	owner of the vehicle to register the vehicle within thirty (30) days
179	314		shall be One Dollar ($1.00) per day; provided, that in no event
180	315		shall the penalty exceed One Hundred Dolla rs ($100.00). No penalty
181	316		shall be waived by the Oklahoma Tax Commission or any motor license
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182	344		agent except as provided in subsection C of Section 1127 of this
183	345		title. Of each dollar penalty collected pursuant to this
184	346		subsection:
185		-
186	347		1. Twenty-one cents ($0.21) shall be apportioned as provided in
187	348		Section 1104 of this title;
188		-
189	349		2. Twenty-one cents ($0.21) shall be retained by the motor
190	350		license agent; and
191		-
192	351		3. Fifty-eight cents ($0.58) shall be deposited in the General
193	352		Revenue Fund. The penalty for new commercial v ehicles shall be
194	353		equal to the license fee for such vehicles.
195		-
196	354		If a used vehicle is brought into Oklahoma by a resident of this
197	355		state and is not registered within thirty (30) days, a penalty of
198	356		One Dollar ($1.00) per day shall be charged from the date of ent ry
199	357		to the date of registration; provided, that in no event shall the
200	358		penalty exceed One Hundred Dollars ($100.00) . No penalty shall be
201	359		waived by the Oklahoma Tax Commission or any motor license agent
202	360		except as provided in subsection C of Section 1127 of t his title.
203	361		Of each dollar penalty collected pursuant to this subsection:
204		-
205	362		1. Twenty-one cents ($0.21) shall be apportioned as provided in
206	363		Section 1104 of this title;
207		-
208	364		2. Twenty-one cents ($0.21) shall be retained by the motor
209	365		license agent; and
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210	392
211	393		3. Fifty-eight cents ($0.58) shall be deposited in the General
212	394		Revenue Fund. The penalty for used commercial vehicles shall be
213	395		equal to the license fee for such vehicles.
214		-
215	396		D. Any owner who knowingly makes or causes to be made any false
216	397		statement of a fact required in this section to be shown in an
217	398		application for the registration of one or more vehicles shall be
218	399		deemed guilty of a misdemeanor and, upon conviction, shall be fined
219	400		not more than One Thousand Dollars ($1,000.00), or shall be
220	401		imprisoned in the county ja il for not more than one (1) year, or by
221	402		both such fine and imprisonment.
222		-	ENR. H. B. NO. 3674 Page 6
223	403		E. The following self-propelled or motor-driven and operated
224	404		vehicles shall not be registered under the provisions of the
225	405		Oklahoma Vehicle License and Registration Act or, except as provided
226	406		for in Section 11-1116 of this title, be permitted to be operated on
227	407		the streets or highways of this state:
228		-
229	408		1. Vehicles known and commonly referred to as "minibikes" and
230	409		other similar trade names; provided, minibikes may be registered and
231	410		operated in this state by food vendor services upon streets having a
232	411		speed limit of thirty (30) miles per hour or less;
233		-
234	412		2. Golf carts;
235		-
236	413		3. Go-carts; and
237		-
238	414		4. Other motor vehicles, except motorcycles, which are
239	415		manufactured principally for use off the streets and highways.
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241	443		Transfers and sales of such vehicles shall be subject to sales
242	444		tax and not motor vehicle excise taxes.
243		-
244	445		F. Any person violating paragraph 3 or 6 of subsection A of
245	446		this section, in addition to the penal provisions provided in this
246	447		section, shall pay as additional penalty a sum equal to the amount
247	448		of license fees due on such vehicle or registration fees due on a
248	449		manufactured home known to be in violation and such amount is hereby
249	450		declared to be a lien upon the vehicle as provided in the Oklahoma
250	451		Vehicle License and Registration Act. In addition to the penalty
251	452		provisions provided in this section, any person violating paragraph
252	453		3 of subsection A of this section shall be deemed guilty of a
253	454		misdemeanor and shall, upon conviction, be punished by a fine of One
254	455		Hundred Dollars ($100.00).
255		-
256	456		G. Each violation of any provision of the Oklahoma Vehicle
257	457		License and Registration Act for each and every day such violation
258	458		has occurred shall constitute a separate offense.
259		-
260	459		H. Anyone violating any of the provisions h eretofore enumerated
261	460		in this section shall be guilty of a misdemeanor and upon conviction
262	461		shall be fined not less than Ten Dollars ($10.00) and not to exceed
263	462		Three Hundred Dollars ($300.00).
264		-
265	463		I. Any violation of any portion of the Oklahoma Vehicle License
266	464		and Registration Act where a specific penalty has not been imposed
267		-	shall constitute a misdemeanor and upon conviction thereof the ENR. H. B. NO. 3674 Page 7
	465	+	shall constitute a misdemeanor and upon conviction thereof the
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268	493		person having violated it shall be fined not less than Ten Dollars
269	494		($10.00) and not to exceed Three Hundred Dollars ($300.00).
270		-
271	495		J. Any provision of the Oklahoma Vehicle License and
272	496		Registration Act providing for proportional registration under
273	497		reciprocal agreements and the International Registration Plan that
274	498		relates to the promulgation of rules and regulations shall not be
275	499		subject to the provisions of this section.
276		-
277	500		SECTION 3. This act shall become effective November 1, 2022.
278		-	ENR. H. B. NO. 3674 Page 8
279		-	Passed the House of Representatives the 24th day of March, 2022.
280		-
281		-
282		-
283		-
284		-	Presiding Officer of the House
285		-	of Representatives
286		-
287		-
288		-	Passed the Senate the 27th day of April, 2022.
289		-
290		-
291		-
292		-
293		-	Presiding Officer of the Senate
294		-
295		-
296		-
297		-	OFFICE OF THE GOVERNOR
298		-	Received by the Office of the Governor this ____________________
299		-	day of ___________________, 20_______, at _______ o'clock _______ M.
300		-	By: _________________________________
301		-	Approved by the Governor of the State of Oklahoma this _____ ____
302		-	day of ___________________, 20_______, at _______ o'clock _______ M.
303		-
304		-
305		-	_________________________________
306		-	Governor of the State of Oklahoma
307		-
308		-	OFFICE OF THE SECRETARY OF STATE
309		-	Received by the Office of the Secretary of State this __________
310		-	day of ___________________, 20_______, at _______ o'clock _______ M.
311		-	By: _________________________________
312		-
	501	+	COMMITTEE REPORT BY: COMMITTEE ON FINANCE
	502	+	April 12, 2022 - DO PASS