Req. No. 8909 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 4372 By: Ford AS INTRODUCED An Act relating to motor vehicles; amending 47 O.S. 2021, Section 1135.1, which relates to special license plates; modifying the name of th e Antique or Classic Vehicles License Plate; modifying requirements for certain plat e; creating the Antique Vehicles License Plate; providing for design and issuance; providing certain vehi cle requirements; providing for registration fee; specifying nonrequirement for annual renewal; providing for the reregistration of certain vehicles; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 1135 .1, is amended to read as follows: Section 1135.1 A. The Oklahoma Tax Commission is hereby authorized to design and is sue appropriate official special license plates to persons as provided by this section. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special license plate may then be used Req. No. 8909 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 on another vehicle but only after such other vehicle has been registered for the current year. Except as provided in subsection B of this se ction, special license plates shall be renewed each year by the Ta x Commission or a motor license agent. The Tax Commission shall ann ually notify by mail all persons issued special license plates . The notice shall contain all necessary information and sh all contain instructions for the renewal procedure upon presentati on to a motor license agent or the Tax Commission. The license plates shall be issued on a staggered system. The motor license agent fees shall be paid out of the Oklahoma Tax Commission R eimbursement Fund. On and after January 1, 2022, if a physically d isabled license plate is issued pursuant to paragraph 3 of subsecti on B of this section, any registration fee required for such plate pursuant to this section and the fee required pursuant t o Section 1132 of this title shall be remitted at the same time an d subject to a single registration period. The Oklahoma Tax Commis sion shall determine, by rule, a method for making required fee and registration period adjustments when a physically disabled license plate is obtained during a twelve-month period for whi ch a registration fee has already been remitted pursuant to Section 1132 of this title. The combination of fees in a single remittance shall not alter the apportionment otherwise provided f or in this section. Req. No. 8909 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 B. The special license plates provided by thi s section are as follows: 1. Political Subdivision License Plates - such plates shall be designed for any vehicle owned by any political subdivision of this state having obtained a proper O klahoma certificate of title . Such political subdivisions shall file an a nnual report with the Tax Commission stating the agency where suc h vehicle is located . Such license plates shall be permanent in nature and designed in su ch a manner as to remain wi th the vehicle for the duration of the life span of the vehicle or until t he title is transferred to an owner who is not a political subdiv ision. The registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees pr ovided by law, except the registration fees levied by Section 1132 of this title; 2. Tax-Exempt or Nonprofit License Plates - such plates shall be designed for: a. any motor bus, manufactured home, or mobile chapel and power unit owned and operated by a r eligious corporation or society of this state holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C., Section 501(a), and listed as an exempt organization in Section 501(c)(3) of the Internal Reven ue Code, as amended, 26 U.S.C., Section 501(c)(3), and that is Req. No. 8909 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 used by the corporation or society sol ely for the furtherance of its reli gious functions, b. any vehicle owned and operated only by nonprofit organizations devoted ex clusively to youth programs including, but not limited to, the Girl Scouts and Boy Scouts of America, c. any vehicle, except pas senger automobiles, owned or operated by nonprofit organizations actually involved in programs for the employment of the handica pped and used exclusively in the transportation of goods or materials for such organization, d. any vehicle owned and operated b y a nonprofit organization that provides older persons transportation to and from medical, dental and religious services and rel ief from business and socia l isolation, e. any vehicle owned and operated by a private nonprofit organization that: (1) warehouses and distributes surplus foo ds to other nonprofit agencies and organizations, and (2) holds a valid exemption from taxation is sued pursuant to Section 50 1(c) of the Internal Revenue Code, as amended, 26 U.S.C., Section 501(c), and listed as an exempt org anization in Req. No. 8909 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 Section 501(c)(3) of the Internal Revenue Code, as amended, and (3) uses such vehicle exclusively for the transportation of such surplus foods , f. any vehicle which: (1) is owned and operated by a private, nonprofit organization which is exemp t from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which is primarily funded b y a fraternal or civic service organization with at least one hundred loca l chapters or clubs, and (2) is designed and used to provide mobile health screening services to the general public at no cost to the recipient, and for wh ich no reimbursement of any kind is received from any health insurance provider, health maintenance organization or governmental program, or g. any vehicle owned and operated by the Civil Air Patrol, a congressionally chartered corporation that also serves an auxiliary of the United States Air Force and which is exempt from taxation pursuant to the provisions of Section 501(c)(3) o f the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and is Req. No. 8909 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 used exclusively for its corporate missions of aerospace education, cadet programs and em ergency services. Such license plates shall be permanent in nature and designed in such a manner as to remain with the vehicle for the duration of the life span of the vehicle or until the title to such vehicle is transferred to an owner who is not subjec t to this exemption. Such vehicles shall be exempt from the registration fees levied under Section 1 132 of this title, except that an initial registration fee of Twenty-five Dollars ($25.00) shall apply to each vehicle. Any person claiming to be eligible for a tax-exempt or nonprofit license plate under the provisions of this p aragraph must have the name of the tax-exempt or nonprofit organization prominently displayed upon the outside of the vehicle, except those vehicles registered pursuant to the provis ions of subparagraph b of this paragraph, unless such display is prohibite d by federal or state law or by state agency rules . No vehicle shall be licensed as a tax - exempt or nonprofit vehicle unless the vehicle has affixed on ea ch side thereof, in letters not less than two (2) inches high and two (2) inches wide, the name of th e tax-exempt or nonprofit organization or the insi gnia or other symbol of such organization which shall be of sufficient size, shape and color as to be rea dily Req. No. 8909 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 legible during dayligh t hours from a distance of fifty (50) feet while the vehicle is not in mot ion. Except as provided in subparagraph g of this paragraph, the registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other regi stration fees provided by l aw, except the registration fees levied by Section 1132 of this title; 3. Physically Disabled Licens e Plates - such plates shall be designed for persons who are eligible for a physically disabled placard under the provisions of Section 15-112 of this title. It shall prominently display the international accessibility symbol, which is a stylized human fi gure in a wheelchair . The Tax Commission shall also design physically disabled license plates for motorcycles owned by persons who are eligible for a phys ically disabled placard pursuant to the provisions of Section 15 -112 of this title. Upon the death of the physically disa bled person, the disabled license plate shall be returned to the Tax Commission . There shall be no fee for such plate in addition to the rate provided by the Oklahoma Vehicle License and Registration Act for the registration of the ve hicle. For an additional fee of Ten Dollars ($10.00), a person eligible for a physically disabled license plate shall have the option of purchasing a dupl icate physically disabled special license plate which shall be securely attached to the front of the vehicle. The original physically Req. No. 8909 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 disabled special license plate shall be securely attached to the rear of the vehicle at all ti mes. Any person who is elig ible for a physically disabled license plate and whose vehicle has had mod ifications because of the physical disability o f the owner or of a family member within the second degree of consanguinity of the owner, may register the vehicle for a flat fee of Tw enty-five Dollars ($25.00). This fee shall be in lieu of all other regist ration fees provided by the Oklahoma Vehicle License and Registration Act; 4. Indian Tribal License Plates - such plates shall be designed for any vehicle of a native American India n Tribal Association exempted in Sections 201 through 204 of Public Law 97 -473 and used by the tribal association exclusively for the furtherance of its tribal functions. The registration fee shall be Eight Dollars ($8.00) and sh all be in addition to all o ther registration fees provided by law, except the registration fees levie d by Section 1132 of this t itle; 5. Hearing Impaired License Plates - such plates shall be designed for persons who are hearing impaired . Such persons may apply for a hearing-impaired license plate for each vehicle with a rated carrying capacity of one ( 1) ton or less upon the pre sentment of an application on a form furnished by the Tax Commission and certified by a physician holding a valid license to pra ctice pursuant to the licen sing provisions of Title 59 of the Oklahoma Req. No. 8909 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 Statutes, attesting that the p erson is hearing impaired . The license plate shall be designed so that such persons may be readily identified as being hearing impaired . There shall be no additional fee for the plate, but all other registration fees provided by the Oklahoma Vehicle Lice nse and Registration Act sh all apply; 6. Antique or Classic Vehicles License Plates – such plates shall be designed and issued for any vehicle twenty -five (25) years of age or older to forty-four (44) years of age, based upon the date of manufacture there of and which travels on the highways of this state primarily incidental to historical or exhibition purposes only. The registration fee shall be Eight Doll ars ($8.00) and shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title . Any person registering an antique or a classic vehicle may elect to have the vehicle registered for a t en-year period. The registration fee for the elected ten-year registration shall be Seventy -five Dollars ($75.00). The motor license agent registering the antique or classic vehicle for a ten-year period shall receive one hundred percent (100%) of the fe es the motor license agent would have otherwise received pursuant to subsection A of Section 1141.1 o f this title if the antique or classic vehicle had been regis tered on an annual basis; and Req. No. 8909 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 7. Antique Vehicles License Plates – such plates shall be designed and issued for any vehi cle forty-five (45) years of age or older, based upon the date of manufactu re thereof and which travels on the highways of this state primaril y incidental to historical or exhibition purposes only. There shall be a one-time registration fee of Eight Dollars ($8.00) which shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title. Annual renewal is not required. Vehicles currently registered pursuant to paragraph 6 of this subsection that meet the requirements of this paragraph may be reregistered under the provisions of this paragraph at expiration of the vehicle's current registration term; and 8. Honorary Consul License Plates – such plates shall be designed to include the words "Honorary Consul" and issued to persons who are honorary consuls authorized by t he United States to perform consular duties . Persons applying for such license plates must show proof of standing as an honorary consul . The fee for such plate shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees require d by the Oklahoma Vehicle License and Registration Act. The owner of the vehicle that possesses such license plates shall return the special licens e plates to the Oklahoma Tax Commission if the owner disposes of the vehicle during Req. No. 8909 Page 11 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 registration year or ceases to be authorized to perform consular duties. C. Special license plates provided by this section shall be designed in such a manner as to id entify the use or ownership of the vehicle. Use of any vehicle possessing a special license plate provided by this section for any purpose not specified herein shall be grounds for revocation of the special license plate and registration certificate. D. The fees provided by this s ection shall be deposited in the Oklahoma Tax Commission Reimbursement Fund. SECTION 2. This act shall become effective November 1, 2022. 58-2-8909 JBH 12/16/21