Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB263 Compare Versions

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328
4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+1st Session of the 58th Legislature (2021)
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35+ENGROSSED SENATE
636 BILL NO. 263 By: Daniels of the Senate
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838 and
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1040 Stearman of the House
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1745 An Act relating to motor vehicle registration;
1846 amending Section 2, Chapter 208, O.S.L. 2018, as
1947 amended by Section 1, Chapter 29, O.S.L. 2020 (47
2048 O.S. Supp. 2020, Section 1112.2), which relates to
2149 transferability of license plates; providing
2250 exception to certain requirement to return license
2351 plate; establishing s tatus of certain license plate
2452 under specified circumstances; authorizing issuance
2553 of certain temporary license plate under specified
2654 circumstances and subject to the promulgation of
2755 rules by the Oklahoma Tax Commission; and providing
2856 an effective date.
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33-SUBJECT: Motor vehicle registratio n
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3561 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3762 SECTION 1. AMENDATORY Section 2, Chapter 208, O.S.L.
3863 2018, as amended by Section 1, Chapter 29, O.S.L. 2020 (47 O.S.
3964 Supp. 2020, Section 1112.2), is amended to read as follow s:
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4165 Section 1112.2. A. Effective July 1, 2019, the license plate
4266 and certificate of registration shall be issued to, and remain in
4367 the name of, the owner of the vehicle registered and the license
4468 plates shall not be transferable between motor vehicle owne rs. When
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4596 a vehicle is sold or transferred in the state, the following
4697 registration procedures shall apply:
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48-ENR. S. B. NO. 263 Page 2
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5098 1. When a current and valid Oklahoma motor vehicle license
5199 plate has been obtained for use on a motor vehicle and the vehicle
52100 has been sold or othe rwise transferred to a new owner, the license
53101 plate shall be removed from the vehicle and retained by the original
54102 plate owner;
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56103 2. In the event an owner purchases, trades, exchanges , or
57104 otherwise acquires another vehicle of the same license registration
58105 classification, the Oklahoma Tax Commission shall authorize the
59106 transfer of the current and valid license plate previously obtained
60107 by the owner to the replacement vehicle for the remainder of the
61108 current registration period. In the event the owner acquire s a
62109 vehicle requiring payment of additional registration fees, the owner
63110 shall request a transfer of the license plate to the newly acquired
64111 vehicle and pay the difference in registration fees. The fee shall
65112 be calculated on a monthly prorated basis. The owner shall not be
66113 entitled to a refund:
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68114 a. when the registration fee for the vehicle to which the
69115 plate(s) is to be assigned is less than the
70116 registration fee for that vehicle to which the license
71117 plate(s) was last assigned, or
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73118 b. if the owner does not h ave or does not acquire another
74119 vehicle to which the license plate may be transferred;
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76147 3. In Except as provided in paragraph 4 of this subsection , in
77148 the event the owner of a license plate purchases, trades, exchanges
78149 or otherwise acquires a vehicle for w hich a license plate has been
79150 issued during the current registration period, and the license plate
80151 has not been removed by the previous owner in accordance with this
81152 section, the new owner of the vehicle shall remove and return the
82153 license plate to the Tax Commission or a motor license agent.
83154 However, if the license plate has expired, the new owner shall not
84155 be required to surrender the license plate ; and
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86156 4. When a lender or lender 's agent repossesses a vehicle and
87157 the license plate has not been removed i n accordance with this
88158 section, the lender or lender 's agent shall not be subject to the
89159 provisions of this section and the license plate shall be considered
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92160 removable personal property and may be reclaimed from the
93161 repossessed vehicle; and
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95162 5. If a person purchases a motor vehicle from which the number
96163 plates have been removed pursuant to this section, the person may
97164 operate the motor vehicle for fifteen (15) calendar days from the
98165 date of purchase without number plates if a dated, notarized bill of
99166 sale is carried in the motor vehicle . If the vehicle is subject to
100167 a lien, the person may obtain a thirty -day temporary plate issued by
101168 a motor license agent pursuant to the promulgation of rules by the
102169 Oklahoma Tax Commission to implement a motor license agent -issued
103170 temporary plate pursuant to this paragraph .
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105198 B. 1. The new owner of a motor vehicle shall, within thirty
106199 (30) calendar days from the date of vehicle purchase or acquisition,
107200 make application to record the registration of the vehicle by the
108201 transfer to, or purchase of, a license plate for the newly acquired
109202 vehicle with the Tax Commission or motor license agent and shall pay
110203 all taxes and fees provided by law.
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112204 2. Any person failing to register a motor vehicle by timely
113205 transferring the license plat e as provided by this section shall pay
114206 the penalty levied in Section 1132 of this title.
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116207 C. A surviving spouse, desiring to operate a vehicle devolving
117208 from a deceased spouse, shall present an application for certificate
118209 of title to the Tax Commission or motor license agent in his or her
119210 name within thirty (30) days of obtaining ownership. The Tax
120211 Commission or motor license agent shall then transfer the license
121212 plate to the surviving spouse.
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123213 D. The Oklahoma Tax Commission shall be authorized to
124214 promulgate such rules as may be required to implement the license
125215 plate transfers authorized by this section , including, but not
126216 limited to, such rules as may be required for a system under which
127217 the license plate is registered to an individual and not a vehicle
128218 for all license plates issued on or after July 1, 2019.
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130219 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
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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.
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155- _________________________________
156- Governor of the State of Oklahoma
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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.