Req. No. 9570 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 9570 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 9570 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 9570 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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