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3 | + | SB263 HFLR Page 1 | |
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4 | - | An Act | |
5 | - | ENROLLED SENATE | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 1st Session of the 58th Legislature (2021) | |
34 | + | ||
35 | + | ENGROSSED SENATE | |
6 | 36 | BILL NO. 263 By: Daniels of the Senate | |
7 | 37 | ||
8 | 38 | and | |
9 | 39 | ||
10 | 40 | Stearman of the House | |
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17 | 45 | An Act relating to motor vehicle registration; | |
18 | 46 | amending Section 2, Chapter 208, O.S.L. 2018, as | |
19 | 47 | amended by Section 1, Chapter 29, O.S.L. 2020 (47 | |
20 | 48 | O.S. Supp. 2020, Section 1112.2), which relates to | |
21 | 49 | transferability of license plates; providing | |
22 | 50 | exception to certain requirement to return license | |
23 | 51 | plate; establishing s tatus of certain license plate | |
24 | 52 | under specified circumstances; authorizing issuance | |
25 | 53 | of certain temporary license plate under specified | |
26 | 54 | circumstances and subject to the promulgation of | |
27 | 55 | rules by the Oklahoma Tax Commission; and providing | |
28 | 56 | an effective date. | |
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33 | - | SUBJECT: Motor vehicle registratio n | |
34 | - | ||
35 | 61 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
36 | - | ||
37 | 62 | SECTION 1. AMENDATORY Section 2, Chapter 208, O.S.L. | |
38 | 63 | 2018, as amended by Section 1, Chapter 29, O.S.L. 2020 (47 O.S. | |
39 | 64 | Supp. 2020, Section 1112.2), is amended to read as follow s: | |
40 | - | ||
41 | 65 | Section 1112.2. A. Effective July 1, 2019, the license plate | |
42 | 66 | and certificate of registration shall be issued to, and remain in | |
43 | 67 | the name of, the owner of the vehicle registered and the license | |
44 | 68 | plates shall not be transferable between motor vehicle owne rs. When | |
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70 | + | SB263 HFLR Page 2 | |
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45 | 96 | a vehicle is sold or transferred in the state, the following | |
46 | 97 | registration procedures shall apply: | |
47 | - | ||
48 | - | ENR. S. B. NO. 263 Page 2 | |
49 | - | ||
50 | 98 | 1. When a current and valid Oklahoma motor vehicle license | |
51 | 99 | plate has been obtained for use on a motor vehicle and the vehicle | |
52 | 100 | has been sold or othe rwise transferred to a new owner, the license | |
53 | 101 | plate shall be removed from the vehicle and retained by the original | |
54 | 102 | plate owner; | |
55 | - | ||
56 | 103 | 2. In the event an owner purchases, trades, exchanges , or | |
57 | 104 | otherwise acquires another vehicle of the same license registration | |
58 | 105 | classification, the Oklahoma Tax Commission shall authorize the | |
59 | 106 | transfer of the current and valid license plate previously obtained | |
60 | 107 | by the owner to the replacement vehicle for the remainder of the | |
61 | 108 | current registration period. In the event the owner acquire s a | |
62 | 109 | vehicle requiring payment of additional registration fees, the owner | |
63 | 110 | shall request a transfer of the license plate to the newly acquired | |
64 | 111 | vehicle and pay the difference in registration fees. The fee shall | |
65 | 112 | be calculated on a monthly prorated basis. The owner shall not be | |
66 | 113 | entitled to a refund: | |
67 | - | ||
68 | 114 | a. when the registration fee for the vehicle to which the | |
69 | 115 | plate(s) is to be assigned is less than the | |
70 | 116 | registration fee for that vehicle to which the license | |
71 | 117 | plate(s) was last assigned, or | |
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73 | 118 | b. if the owner does not h ave or does not acquire another | |
74 | 119 | vehicle to which the license plate may be transferred; | |
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121 | + | SB263 HFLR Page 3 | |
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75 | 146 | ||
76 | 147 | 3. In Except as provided in paragraph 4 of this subsection , in | |
77 | 148 | the event the owner of a license plate purchases, trades, exchanges | |
78 | 149 | or otherwise acquires a vehicle for w hich a license plate has been | |
79 | 150 | issued during the current registration period, and the license plate | |
80 | 151 | has not been removed by the previous owner in accordance with this | |
81 | 152 | section, the new owner of the vehicle shall remove and return the | |
82 | 153 | license plate to the Tax Commission or a motor license agent. | |
83 | 154 | However, if the license plate has expired, the new owner shall not | |
84 | 155 | be required to surrender the license plate ; and | |
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86 | 156 | 4. When a lender or lender 's agent repossesses a vehicle and | |
87 | 157 | the license plate has not been removed i n accordance with this | |
88 | 158 | section, the lender or lender 's agent shall not be subject to the | |
89 | 159 | provisions of this section and the license plate shall be considered | |
90 | - | ||
91 | - | ENR. S. B. NO. 263 Page 3 | |
92 | 160 | removable personal property and may be reclaimed from the | |
93 | 161 | repossessed vehicle; and | |
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95 | 162 | 5. If a person purchases a motor vehicle from which the number | |
96 | 163 | plates have been removed pursuant to this section, the person may | |
97 | 164 | operate the motor vehicle for fifteen (15) calendar days from the | |
98 | 165 | date of purchase without number plates if a dated, notarized bill of | |
99 | 166 | sale is carried in the motor vehicle . If the vehicle is subject to | |
100 | 167 | a lien, the person may obtain a thirty -day temporary plate issued by | |
101 | 168 | a motor license agent pursuant to the promulgation of rules by the | |
102 | 169 | Oklahoma Tax Commission to implement a motor license agent -issued | |
103 | 170 | temporary plate pursuant to this paragraph . | |
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105 | 198 | B. 1. The new owner of a motor vehicle shall, within thirty | |
106 | 199 | (30) calendar days from the date of vehicle purchase or acquisition, | |
107 | 200 | make application to record the registration of the vehicle by the | |
108 | 201 | transfer to, or purchase of, a license plate for the newly acquired | |
109 | 202 | vehicle with the Tax Commission or motor license agent and shall pay | |
110 | 203 | all taxes and fees provided by law. | |
111 | - | ||
112 | 204 | 2. Any person failing to register a motor vehicle by timely | |
113 | 205 | transferring the license plat e as provided by this section shall pay | |
114 | 206 | the penalty levied in Section 1132 of this title. | |
115 | - | ||
116 | 207 | C. A surviving spouse, desiring to operate a vehicle devolving | |
117 | 208 | from a deceased spouse, shall present an application for certificate | |
118 | 209 | of title to the Tax Commission or motor license agent in his or her | |
119 | 210 | name within thirty (30) days of obtaining ownership. The Tax | |
120 | 211 | Commission or motor license agent shall then transfer the license | |
121 | 212 | plate to the surviving spouse. | |
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123 | 213 | D. The Oklahoma Tax Commission shall be authorized to | |
124 | 214 | promulgate such rules as may be required to implement the license | |
125 | 215 | plate transfers authorized by this section , including, but not | |
126 | 216 | limited to, such rules as may be required for a system under which | |
127 | 217 | the license plate is registered to an individual and not a vehicle | |
128 | 218 | for all license plates issued on or after July 1, 2019. | |
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130 | 219 | SECTION 2. This act shall become effective November 1, 2021. | |
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133 | - | ENR. S. B. NO. 263 Page 4 | |
134 | - | Passed the Senate the 2nd day of March, 2021. | |
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138 | - | Presiding Officer of the Senate | |
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141 | - | Passed the House of Representatives the 6th day of April, 2021. | |
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145 | - | Presiding Officer of the House | |
146 | - | of Representatives | |
147 | - | ||
148 | - | OFFICE OF THE GOVERNOR | |
149 | - | Received by the Office of the Governor this _______ _____________ | |
150 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
151 | - | By: _______________________________ __ | |
152 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
153 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
154 | - | ||
155 | - | _________________________________ | |
156 | - | Governor of the State of Oklahoma | |
157 | - | ||
158 | - | ||
159 | - | OFFICE OF THE SECRETARY OF STATE | |
160 | - | Received by the Office of the Secretary of State this __________ | |
161 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
162 | - | By: _______________________________ __ | |
221 | + | COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 03/25/2021 - | |
222 | + | DO PASS. |