SENATE FLOOR VERSION - SB263 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 9, 2021 SENATE BILL NO. 263 By: Daniels An Act relating to motor vehicle registratio n; amending Section 2, Chapter 208, O.S.L . 2018, as amended by Section 1, Chapter 29, O.S.L. 2020 (47 O.S. Supp. 2020, Sect ion 1112.2), which relates to transferability of license plates; providing exception to certain requirement to return license plate; establishing status of certa in license plate under specified circumstances; authorizing issuance of certain temporary licen se plate under specified circumstances and subject to the promulgation of rules by the Oklahoma Tax Commission; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY Section 2, Chapter 208, O.S.L. 2018, as amended by Section 1, Chapter 29, O.S.L. 2020 (47 O.S. Supp. 2020, Section 1112.2), is amende d to read as follows: Section 1112.2. A. Effective July 1, 2019, the license plate and certificate of registration sha ll be issued to, and remain in the name of, the owner of the vehicle registered and the license plates shall not be transferab le between motor vehicle owners. When a vehicle is sold or transferred in the state, the following registration procedures shall apply: SENATE FLOOR VERSION - SB263 SFLR Page 2 (Bold face denotes Committee Amendments) 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. When a current and valid Oklahoma motor vehicle license plate has been obtained for use on a motor vehicle and the vehicle has been sold or otherwise transferred t o a new owner, the license plate shall be removed from the vehicle and retained by the original plate owner; 2. In the event an owner purchases, trades, exchanges , or otherwise acquires another vehicle of th e same license registration classification, the Oklahoma Tax Commission shall authorize the transfer of the current and valid lice nse plate previously obtained by the owner to the replacement vehicle for the remainder of the current registration period. I n the event the owner acquires a vehicle requiring payment of additional registration fees, the owner shall request a transfer of the license plate to the newly acquired vehicle and pay the difference in registration fees. The fee shall be calculated on a monthly prorated basis. The owner shall not be entitled to a refund: a. when the registration fee for the vehicle to which the plate(s) is to be assigned is less than the registration fee for that vehicle to which the license plate(s) was last assigned, or b. if the owner does not have or does not acq uire another vehicle to which the license plate may be transferred; 3. In Except as provided in paragraph 4 of this su bsection, in the event the owner of a license plate purchases, trades, exchanges SENATE FLOOR VERSION - SB263 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or otherwise acquires a vehicle for which a license plat e has been issued during the current registration period, and the license plate has not been removed by the previous owner in accordance with this section, the new owner of the vehicle shall remove and return the license plate to the Tax Commission or a mo tor license agent. However, if the license plate has expired, the new owner shall not be required to surrender the license plate ; and 4. When a lender or lender's agent repossesses a vehicle and the license plate has not been removed in accordance with this section, the lender or lender's agent shall not be subject to the provisions of this section and the license plate shall be considered removable personal property and may be reclaimed from the repossessed vehicle; and 5. If a person purchases a m otor vehicle from which the number plates have been removed pursuant to this section, t he person may operate the motor vehicle for fifteen (15) calendar days from the date of purchase without number plates if a dated, notarized bill of sale is carried in t he motor vehicle. If the vehicle is subject to a lien, the person may obtain a thirty-day temporary plate issued by a motor license agent pursuant to the promulgation of rules by t he Oklahoma Tax Commission to impleme nt a motor license agent-issued temporary plate pursuant to this paragraph. B. 1. The new owner of a motor vehicle shall, w ithin thirty (30) calendar days from the date of vehicle purchase or acquisition, SENATE FLOOR VERSION - SB263 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 make application to rec ord the registration of th e vehicle by the transfer to, or purch ase of, a license plate for the newly acquired vehicle with the Tax Commission or motor license agent and shall pay all taxes and fees provided by law. 2. Any person failing to register a mot or vehicle by timely transferring the license plate as provided by this section shall pay the penalty levied in Section 1132 of this title. C. A surviving spouse, desiring to operate a vehicle devolving from a deceased spouse, shall present an application for certificate of title to the Tax Commission or motor license agent in his or her name within thirty (30) days of obtaining ownership. The Tax Commission or motor license agent shall then transfer the license plate to the surviving spouse. D. The Oklahoma Tax Commission shall be authorized to promulgate such rules as may be required to implement the license plate transfers authorized by this section , including, but not limited to, such rules as may be required for a system under which the license plate is registered to an indiv idual and not a vehicle for all license plates issued on or after July 1, 2019. SECTION 2. This act shall be come effective November 1, 2021. COMMITTEE REPORT BY: COMMITTEE ON FINANCE February 9, 2021 - DO PASS