Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB169 Comm Sub / Bill

Filed 02/23/2021

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
COMMITTEE SUBSTITUTE 
FOR 
SENATE BILL 169 	By: Coleman 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to special license plates; am ending 
47 O.S. 2011, Section 1135.7, as amended by Sect ion 
5, Chapter 69, O.S.L. 2018 (47 O.S. Supp. 2020, 
Section 1135.7), which relates to the design and 
issuance of special license plates; authorizing Tax 
Commission to enter into certain licensing 
agreements; providing for transfer of funds for 
certain licensing fees; providing certain exception ; 
and providing an effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2011, Section 1 135.7, as 
amended by Section 5, Chapter 69, O.S.L. 2018 (47 O.S. Supp. 2020, 
Section 1135.7), is amended to read as follows: 
Section 1135.7. A.  The Oklahoma Tax Commission or private 
vendor with whom the Commission has contracted is authorized to 
design and issue special license plates to any pers on that applies 
to the Tax Commission or private vendor for the creation of a 
special license plate and meets the minimum standards and 
qualifications specified in this section .   
 
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B.  If the following standards and guidelines are satisfied, the 
Tax Commission shall authorize the issu ance of a special license 
plate to the person making application for the special license 
plate: 
1.  The license plate is to: 
a. show membership in or affiliation with an 
organization, or 
b. demonstrate support for an organization, group or 
cause; 
2.  The license plate does not advertise or endorse a product, 
brand, or service that is provided for sale; 
3.  The license plate does not promote any philosop hy based on 
prejudice or that is con trary to state civil rights laws; and 
4.  Two hundred prepaid applicat ions for the special license 
plate are received by the Tax Commission or private vendor. 
C.  The fee for special license plates shall be determined in 
accordance with Section 1 of this act 1135.9 of this title.  If the 
special license plate does not provide financial assistanc e the fee 
shall be no less than Fifteen Dollars ($15.00) per year of renewal 
and shall be in addition to all other registration fees provided by 
the Oklahoma Vehicle License and Registra tion Act.  Unless otherwise 
provided in this section, Fifteen Dollars ($15.00) of the fee shall 
be apportioned as follows:  Eight Dollars ($8.00) of the special 
license plate fee shall be deposited in the Oklahoma Tax Co mmission   
 
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Reimbursement Fund to be us ed for the administration of the Oklahoma 
Vehicle License and Registra tion Act and the remaining amounts of 
the special license plate fee shall be apportioned as provided in 
Section 1104 of this title. 
D.  For special license plates that provide financial assistance 
created pursuant to the provisions of this section, the Tax 
Commission shall be authorized to enter into a li censing agreement 
with an organization for any licensing fees that may be required to 
use the organization’s logo or design. 
E. The fee for special license plates that provide financial 
assistance shall be determined in accordance with Section 1 of this 
act 1135.9 of this title.  Provided, the fee shall be no less than 
Thirty-five Dollars ($35.00) and shall be in addition t o all other 
registration fees provid ed by the Oklahoma Vehicle License and 
Registration Act.  Thirty -five Dollars ($35.00) per year of renewal 
of the fee shall be apportioned as follows: 
1.  a. Twenty Dollars ($20.00) of the fee shall be 
apportioned to the License Plate Special Program 
Assistance Revolving Fund created in Section 1135 .8 of 
this title to be used in the manner detailed in the 
application for the special license plate ;, except as 
provided in subparagraph b of this paragraph. 
b. If the Tax Commission has entered into a licensing 
agreement with an organization for the use of its   
 
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design or logo pursuant to Chapter 74 of Title 47 of 
the Oklahoma Statutes, an amount to be determined in 
the licensing agreement , but not to exceed twenty 
($20) dollars per license plate issued , shall be 
transferred monthly to that organization as p ayment of 
licensing fees and no fee shall be apportioned to the 
License Plate Special Program Assistance Revolving 
Fund. 
2.  Eight Dollars ($8.00) of the fee shall be depos ited in the 
Oklahoma Tax Commission Reim bursement Fund to be used for the 
administration of the Oklahoma Vehicle License and Registration Act; 
and 
3.  Any remaining amounts of the fee shall be apportioned as 
provided in Section 1104 of this title. 
E. If F.  Except as otherwise provided in subse ction D and 
subparagraph b of paragraph 1 of subsection E of this section, if a 
person applies for a special license plate that provides financial 
assistance, the application shall des ignate a state agency to be 
responsible for expe nding the funds genera ted by the special license 
plate and the application shall designate a specific public purpose 
for which the funds are to be used.  The application shall include 
an acknowledgment from t he designated state agency of their 
agreement with acceptance of the d esignated funds.   
 
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F. G. Special license plates shall not be transferred to any 
other person but sha ll be removed from the vehicle upon transfer of 
ownership and retained.  The special lice nse plate may then be used 
on another vehicle bu t only after such other vehicle has been 
registered for the current year. 
Special license plates shall be renewed each year by the Tax 
Commission or a motor license agent, unless authori zed by the Tax 
Commission to be renewed for a period greater than one (1) year.  
The Tax Commission shall notify all persons issued special license 
plates of the renewal procedures prior to the expiration of the 
special license plate.  The notice shall con tain all necessary 
information and shall contain instructions for the renewal procedure 
upon presentation to a motor license agent or the Tax Commiss ion.  
The license plates shall be issued on a staggered system. 
The Tax Commission is hereby directed to de velop and implement a 
system whereby motor license agents are permitte d to accept 
applications for special license plates authorized under this 
section.  The motor license agent shall confi rm the applicant’s 
eligibility, if applicable, collect and deposit any amount 
specifically authorized by law, accept and process the nece ssary 
information directly into such system and generate a receipt 
accordingly. For performance of these duties, motor license agents 
shall retain the fee provided in Section 1141.1 of this title for 
registration of a motor vehicle.  The motor license age nt fees for   
 
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acceptance of applications and renewals shall be paid out of the 
Oklahoma Tax Commission Reimbursement Fund . 
G. H. All special plates issued by the Tax Commission prior to 
the effective date of thi s act November 1, 2005, shall not be 
subject to the requirements a nd qualifications outlined in this 
section. 
H. I. As used in this section, “person” includes an individual, 
group, organization or not-for-profit corporation that is recognized 
as such by the Internal Revenue Service. 
SECTION 2.  This act shall become effective November 1 , 2021. 
 
58-1-1739 APW 2/23/2021 2:37:47 PM