Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB4284 Introduced / Bill

Filed 01/20/2022

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
HOUSE BILL 4284 	By: Davis 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to motor vehicles; amending 47 O.S. 
2021, Section 1115, which relates to vehicles 
required to be registered; providing for biennial 
registration for certain vehicles; requiring the Tax 
Commission promulgate certain rules and necessary 
procedures; amending 47 O.S. 2021, Section 1116, 
which relates to registration periods; allowing farm 
vehicle owners to make certain adjustment s to 
registration periods; and providing an effective 
date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2021, Section 1115, is 
amended to read as fol lows: 
Section 1115. A.  Unless provided otherwise by statute, the 
following vehicles shall be registered annually :  manufactured 
homes, vehicles registered with a per manent nonexpiring license 
plate pursuant to Section 1113 of this title, and commercial 
vehicles registered pursuant to the installment plan provided in 
subsection H of Section 1133 of this title .  The following schedule 
shall apply for such vehicle purchased in this state or brought into 
this state by residents of this state:   
 
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1.  Between January 1 and March 31, the paymen t of the full 
annual fee shall be required; 
2.  Between April 1 and June 30, the payment of three -fourths 
(3/4) the annual fee shall be r equired; 
3.  Between July 1 and September 30, the payment of one -half 
(1/2) the annual fee sh all be required; and 
4.  Between October 1 and November 30, one -fourth (1/4) the 
annual fee shall be required. 
License plates or decals for eac h year shall be made available 
on December 1 of each preceding year for such vehicles .  Any person 
who purchases such vehicle or manufactur ed home between December 1 
and December 31 of any year shall register it within thirty (30) 
days from date of purchas e and obtain a licen se plate or 
Manufactured Home License Registration Decal, as appropriate, for 
the following calendar year upon payment of the full annual fee .  
Unless provided otherwise by statute, all annual license, 
registration and other fees for su ch vehicles shall be due and 
payable on January 1 of each year and if not paid by February 1 
shall be deemed deli nquent. 
B.  1.  All vehicles, other than those required to be registered 
pursuant to the provisions of subsection A or vehicles whose owners 
choose the option of a biennial registration pursuant to subsection 
H of this section, shall be registered on a staggered system of 
registration and licensing on a monthly series basis to distribute   
 
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the work of registering such vehicle s as uniformly and expeditiously 
as practicable throughout the calendar year unless otherwise 
provided in this section .  After the end of the month following the 
expiration date, the license and registration fees for the new 
registration period shall becom e delinquent. 
2.  All fleet vehicles registered pursuant to new applications 
approved pursuant to the provisions of Section 1120 of this title 
shall be registered on a staggered system monthly basis. 
3.  Applicants seeking to establish Oklahoma as the ba se 
jurisdiction for registering apportioned fleet vehicles shall have a 
one-time option of registering for a period of not less than s ix (6) 
months nor greater than eighteen (18) months .  Subsequent renewals 
for these registrants will be for twelve (12) mo nths, expiring on 
the last day of the month chosen by the registrant under the one -
time option as provided herein .  In addition, registrants with 
multiple fleets may designate a different registration month of 
expiration for each fleet. 
As used in this section, "fleet" shall have the same meaning as 
set forth in the International Registration Plan. 
4.  Effective January 1, 2004, all moto rcycles and mopeds shall 
be registered on a staggered system of registration .  The Oklahoma 
Tax Commission shall notify in writing, prior to De cember 1, 2003, 
all owners of motorcycles or mopeds registered as of such date, who 
shall have a one-time option of registering for a period of not less   
 
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than three (3) months nor greater than fifteen (15) months .  
Subsequent renewals for these registrants will be for twelve (12) 
months, expiring on the last day of the month chosen by the 
registrant under the one -time option as provided herein .  All 
motorcycles and mopeds registered pursuant to new applications 
received on or after Dec ember 1, 2003, shall al so be registered 
pursuant to the provisions of this paragraph. 
5.  Any three or more commercial vehicles owned by the same 
person and previousl y registered in this state may be registered at 
the same time regardless of the month or months in which they wer e 
previously registered .  The month in which the commercial vehicles 
are newly registered shall be the month in w hich their registration 
is renewed annually.  If a commercial vehicle is registered pursuant 
to this paragraph in the s ame calendar year in whi ch it was 
previously registered, license and registration fees shall be 
prorated to account for the difference be tween the previous renewal 
month and the new renewal month and those fees shall be due at the 
time of registration purs uant to this paragraph. 
C.  The following penalties shall apply for delinquent 
registration fees: 
1.  For fleet vehicles required to be r egistered pursuant to the 
provisions of Section 1120 of this title for which a properly 
completed application for reg istration has not been rec eived by the 
Corporation Commission by the last day of the month following the   
 
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registration expiration date, a pe nalty of thirty percent (30%) of 
the Oklahoma portion of the annual registration fee, or Two Hundred 
Dollars ($200.00), whichever is greater, s hall be assessed.  The 
license and registration cards issued by the Corporation Commission 
for each fleet vehicle shall be valid until two (2) months after the 
registration expiration date; 
2.  For commercial vehicles registered under the provisions of 
subsection B of this section, except those vehicles registered 
pursuant to Section 1133.1 of this title, a penalty s hall be 
assessed after the las t day of the month following the registration 
expiration date.  A penalty of twenty-five cents ($0.25) per day 
shall be added to the license fee of such vehicle and shall accrue 
for one (1) month.  Thereafter, the penalty shal l be thirty percent 
(30%) of the annual registration fee, or Two Hundred Dollars 
($200.00), whichever is greater; 
3.  For new or used manufactu red homes, not registered within 
thirty (30) days from date of purchase or date such manufactured 
home was brought into this state, a penalty e qual to the 
registration fee shall be assessed; or 
4.  For all vehicles a penalty sh all be assessed after the las t 
day of the month following the expiration date and no penalty shall 
be waived by the Oklahoma Tax Commission or any motor license agent 
except as provided for in subsection H of Section 1133 , subsection C 
of Section 1127 of this title, or when the vehicle was stolen as   
 
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certified by a police report or other documentation as required by 
the Oklahoma Tax Commission .  A penalty of One Dollar ($1.00 ) per 
day shall be added to the license fee of such vehicle, provided that 
the penalty shall not exceed One Hund red Dollars ($100.00) .  Of each 
dollar penalty collected pursuant to this subsection: 
a. twenty-one cents ($0.21) shall be apportioned as 
provided in Section 1104 of this title, 
b. twenty-one cents ($0.21) shall be retained b y the 
motor license agent, and 
c. fifty-eight cents ($0.58) shall be deposited in the 
General Revenue Fund. 
D.  In addition to all other penalti es provided in the Oklahoma 
Vehicle License and Registration Act, the following penalties shall 
be imposed and collected by any Enforcement Off icer of the 
Corporation Commission upon finding any commercial vehicle being 
operated in violation of the provisi ons of the Oklahoma Vehicle 
License and Registration Act. 
The penalties shall apply to any commercial vehicle found to be 
operating in violatio n of the following provisions: 
1.  A penalty of not less than Fifty Dollars ($50.00) shall be 
imposed upon any person found to be operating a co mmercial vehicle 
sixty (60) days after the end of the month in which the lice nse 
plate or registration credentia ls expire without the current year 
license plate or registration credential displayed .  Such penalty   
 
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shall not exceed the amount established by the Corporation 
Commission pursuant to the provisions of subsection A of Sect ion 
1167 of this title.  Revenue from such penalties shall be 
apportioned as provided in Section 1167 of this title; 
2.  A penalty of not less than Fifty Dollars ($50.00) shall be 
imposed for any person operating a commercial vehicle subject to the 
provisions of Section 1120 or Section 1133 of this title without the 
proper display of, or, carrying in such commercial vehicle, the 
identification credent ials issued by the Corporation Commission as 
evidence of payment of the fee or tax as provided in Section 1 120 or 
Section 1133 of this title .  Such penalty shall not exceed the 
amount established by the Corporation Commission pursuant to the 
provisions of subsection A of Section 1167 of this title.  Revenue 
from such penalties shall be apportioned as provided i n Section 1167 
of this title; and 
3. A penalty of not less than One Hundred Dollars ($100.00) 
shall be imposed for any person that fails to register any 
commercial vehicle subject to the Oklahoma Vehicle License and 
Registration Act.  Such penalty shall not exceed the amount 
established by the Corporation Commission pursuant to the provisions 
of subsection A of Section 1167 of this title .  Revenue from such 
penalties shall be appor tioned as provided in Section 1167 of this 
title.   
 
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E.  The Tax Commission, or Corporation Commission with respect 
to vehicles registered under Section 1120 or Section 1133 of this 
title, shall assess the registration fees and penalties for the year 
or years a vehicle was not registered .  For vehicles not registered 
for two (2) or more years, the registration fees and penalties shall 
be due only for the current year and one (1) previous year. 
F.  In addition to any other penalty prescribed by law, there 
shall be a penalty of not less than Twenty Dollars ($20.00) upon a 
finding by an enforcement officer that: 
1.  The registration of a vehicle registered pursuant to Section 
1132 of this title is expired and it is sixty (60) or more days 
after the end of the mont h of expiration; or 
2.  The registration fees for a vehicle that is sub ject to the 
registration fees pursuant to Section 1132 of this title have not 
been paid. 
Such penalty shall not exceed the amount established by the 
Corporation Commission pursuant to t he provisions of subsection A of 
Section 1167 of this title .  Revenue from such penalties shall be 
apportioned as provided in Section 1167 of this title. 
G.  If a vehicle is donated to a nonprofit charitable 
organization, the nonprofit charitable organizat ion shall be exempt 
from paying any current or past due registration fees, excise tax, 
transfer fees, and penalt ies and interest.  However, after the 
donation, if the person donating the vehicle, or someone on behalf   
 
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of such person, purchases the same vehi cle back from the nonprofit 
charitable organization to which the vehi cle was donated, such 
person shall be liabl e for all current and past -due registration 
fees, excise tax, title or transfer fees, and penalties and interest 
on such vehicle. 
H.  The Tax Commission shall promulgate rules and any necessary 
procedures to establish an option for a biennial registrat ion for 
vehicles registered pursuant to paragraph 1 of subsection B of this 
section. 
SECTION 2.     AMENDATORY     47 O.S. 2021, S ection 1116, is 
amended to read as follows: 
Section 1116. A. Twelve registration periods shall be 
established for vehicles required to be registered on a stagge red 
basis.  The registration periods shall start on the first d ay of 
each calendar month and s hall end on the last da y of that month.  
Unless otherwise provided, all such vehicles where the date of 
execution of transfer of ownership occurs in this state at any time 
during a calendar month shall be subject to registrat ion and payment 
of the fee for the registration period commencing the first day of 
the month of such date of execution of transfer. 
B. A person who registers more than one vehicle may have al l of 
such vehicles initially registered at the same time or at s eparate 
times.  Any person who obtains a vehicle may, upon registration, 
have the registration period adjusted to allow future registration   
 
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of all such vehicles at the same period or at a diff erent period.  
This subsection shall apply to the registration of farm vehicle 
license plates issued pursuant to Section 1134 of this title. 
C.  On and after January 1, 2022, if a physically disabled 
license plate is issued pursuant to paragraph 3 of subsection B of 
Section 1135.1 of this title for a vehicle which is s ubject to the 
requirements of Section 1132 of this titl e, the registration periods 
for the vehicle may be combined into a single registration period .  
The Oklahoma Tax Commission sh all determine, by rule, a method for 
adjusting the twelve -month period. 
SECTION 3.  This act shall become effective November 1, 2022. 
 
58-2-9570 JBH 01/11/22