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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 629 By: Bullard of the Senate
and
Humphrey of the House
COMMITTEE SUBSTITUTE
An Act relating to reservoirs; creating the Reservoir
Capital Investment Fund; providing sources of the
fund; stating purpose of f und; requiring investment
of funds by the State Treasurer; requiring the
liquidation of assets and deposit of funds over
certain value; requiring notification ; creating the
Water Sustainability Revolving Fund ; providing for
expenditures from the fund; requiring public water
supply systems to establish certain fee; requiring
apportionment of fee; providing for termination of
fee; amending 63 O.S. 2021, Section 4021, which
relates to the Oklahoma Vessel and Motor Registration
Act; establishing fee; requiring apport ionment of
fee; stating fee shall be a prerequi site to
registration; providing for termination of fee;
updating statutory language; updating statutory
reference; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 89.12 of Title 62, unless there
is created a duplication in numb ering, reads as follows:
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A. There is hereby creat ed in the State Treasury a revolving
fund to be designated the “Reservoir Capital Investment Fund ”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the fees
provided for in Sections 3 and 4 of this act, appropriations,
apportionments, federal grants, or gifts and donations. All monies
accruing to the credit of the fu nd shall be invested by th e State
Treasurer according to the provisions of Section 89.2 of Title 62 of
the Oklahoma Statutes.
B. Once the combined assets of the fund reach a total value of
One Billion Six Hundred Million Dollars ($1,600,000,000 .00) the
State Treasurer shall, at the end of each fiscal year, liquidate any
necessary assets within the fund in order to deposit an amount equal
to the value of the fund above One Billion Six Hundred Million
Dollars ($1,600,000,000.00) and deposit those funds in the Water
Sustainability Revolving Fund created pursuant to Section 2 of this
act.
C. The State Treasurer shall notify the Department of
Environmental Quality and the Oklahoma Tax Comm ission that the value
of the fund is sufficient to cease the imposition of the fees
provided for in Sections 3 and 4 of this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1085.7D of Title 82, unless
there is created a duplication in numb ering, reads as follows:
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There is hereby created in the State Treasury a revolving fund
for the Oklahoma Water Resources Board to be designated the “Water
Sustainability Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Water Resource Board from the Reservoir
Capital Investment Fund, in addition to any appropriations or
federal funds to the Board for the purpose of reservoir
construction. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
Water Resources Board for the purpose of planning, preconstruction,
and construction of reservoirs including, but not l imited to, land
acquisition, design, and enviro nmental impact statements .
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 3. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 2-6-306.1 of Title 27A, unless
there is created a dupli cation in numbering, reads as follows:
A. In addition to any other fee that may be authorized by law,
public water supply systems shall impose a fee of One Dollar and
thirty-cents ($1.30) for every one thousand (1,000) gallons of water
each residential customer uses over ten thousand (10,000) gallons in
each billing cycle.
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B. Revenue from the fee authorized in subsection A of this
section shall be deposited into the Reservoir Capital Investment
Fund created pursuant to Section 1 of this act.
C. Upon notice of the State Treasurer stating that the combined
assets of the fund have reached a total value of One Billion Six
Hundred Million Dollars ($1,600,000,000.00), the imposition of this
fee shall cease.
SECTION 4. AMENDATORY 63 O.S . 2021, Section 4021, is
amended to read as follows:
Section 4021. A. The application required for the initial and
subsequent registration of a vessel or a motor shall be accompanie d
by payment of the following fees:
1. Where the manufacturer’s factory delivered price, or in the
absence of such price being published in a recognized publication
for the use of marine dealers and/or for pu rposes of insurance and
financing firms, where the provable original or new cost of all
materials, is One Hundred Fifty Dollars ($150.00) or less, the
registration and license fee for the first and for each succeedin g
year’s registration shall be One Dolla r ($1.00);
2. Where the manufacturer ’s factory delivered price, or in the
absence of such price being published as prov ided in paragraph 1 of
this section, where the value of such vessel or motor is determined
and fixed as above required and, is in excess of One Hundred Fifty
Dollars ($150.00), there shall be added to the fee of One Dollar
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($1.00), the sum of One Dollar ($ 1.00) for each One Hundred Dollars
($100.00) or any fraction thereof, in excess of One Hundred F ifty
Dollars ($150.00) provided such fee shall not exceed One Hundred
Fifty Dollars ($150.00);
3. After the first year’s registration in this state under the
Oklahoma Vessel and Motor Registration Act of any new vessel or new
motor under paragraph 2 of th is subsection, the registration for the
second year shall be ninety percent (90%) of th e fee computed and
assessed hereunder for the first year, and thereafter, such fee
shall be computed and assessed at ninety percent (90%) of the
previous year’s fee and shall be so computed and assessed for th e
next nine (9) successive years provided such fee shall not exceed
One Hundred Fifty Dollars ($150.00);
4. The initial and subsequent registration fee for any vessel
which is a part of a fleet used for lodging and for which a rental
fee and sales tax are collected shall be Forty Dollars ($40.00) in
lieu of the fees required by paragraphs 1 through 3 of this
subsection. For the purpose of this paragraph, “fleet” means twenty
or more vessels operated by a business or ganization from a single
anchorage. The fee provided for in this paragraph may be redu ced
annually to zero until the total reduction equals the difference
between the sum of the fees paid pursuant to paragraphs 1 through 3
of this subsection for the two r egistration years preceding January
1, 1990, and the fee provided for in this paragraph ;
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5. For any vessel or motor owned and numbered, registered or
licensed prior to January 1, 1990, in this or any other state, or in
the absence of such registration upo n proof of the year, model and
age of same, the registration fee shall be computed and assessed at
the rate hereinabove provided for a new vessel or motor based on the
value thereof determined as provided in this subsection, but reduced
as though same had been registered for each prior year of i ts
existence. Except as provided in paragraph 1 of this subsection,
the registration fee for the eleventh year computed in accordance
with the provisions of this subsection shall be the amount of the
fee to be assessed for such eleventh year and shall be the minimum
annual registration fee for such ve ssel or motor for any subsequent
year; and
6. The initial and subsequent registration fee for any vessel
or motor which is not being used in a trade or business or for any
commercial purpose and is owned by:
a. a nonresident member of the Armed Forces of the United
States assigned to duty in this state in compliance
with official military or naval orders,
b. a resident member of the Armed Forces of the United
States assigned to duty in this state in compliance
with official military or naval orders,
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c. the spouse, who resides in Oklahoma, of a resident or
nonresident member of the Armed Forces of the United
States serving in a foreign country, or
d. any Oklahoma resident who is stationed out of state
due to an official assignment of the Armed Forces of
the United States,
shall be the lesser of either a Fifteen Dollar ($15.00) re gistration
fee or the fee computed and assessed for vessels or motors of
similar age and model p ursuant to this section.
B. As used in this section, the term “manufacturer’s factory
delivered price” shall represent the recommended retail selling
price and shall not mean the wholesale price to a dealer.
C. The Oklahoma Tax Commission shall assess th e registration
fees and penalties for th e year or years a vessel or motor was not
registered as provided in the Oklahoma Vessel and Motor Registration
Act. For vessels or motors not registered for two (2) or more
years, the registration fees and penalties shall be due only for the
current year and one (1) previous year.
D. Upon each vessel or motor repossessed by a mortgagee, a fee
of Forty-six Dollars ($46.00) shall be assessed. This fee shall be
in lieu of any applicable vessel or motor excise tax and
registration fees. Each motor license a gent accepting applications
for certificates of title for such vessel or motors shall receive
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Seven Dollars ($7.00) to b e deducted from the license fee specified
in this paragraph for each application accepted.
E. All vessels or motors owned by the State of Oklahoma this
state, its agencies or departm ents, or political subdivisions
thereof, or which under the law would be exempt from direct ad
valorem taxation, shall be registered pursuant to the provisions of
the Oklahoma Vessel and Motor Registration Act for an annual fee of
Two Dollars and twenty -five cents ($2.25) irrespective of whether
registered by a motor license agent or the Tax Commission.
F. All vessels and motors owned:
1. By the Boy Scouts of America, the Girl Sco uts of the U.S.A.,
and the Camp Fire USA, devoted exclusively to youth progr ams
emphasizing physical fitness, character development and citizenship
training;
2. By the Department of Public Safety; and
3. By organizations which are exempt from taxation pursua nt to
the provisions of Section 501(c)(3) of the Internal Revenue Code, 26
U.S.C., Section 501( c)(3), and which are primarily devoted to the
establishment, development, operation, promotion, and participation
in, alone or in conjunction with others, educat ional and training
programs and competitive events to provide knowledge, information,
or comprehensive skills related to the sports of sailing, fishing,
boating, and other aquatic related activities;
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are hereby exempt from the payment of registration fees required by
this section. Provided, all of such vessels or motors shall be
registered and shall otherwise comply with the provisions of the
Oklahoma Vessel and Motor Registration Act.
G. A credit shall be allowed with respect to the fee for
registration of any new vessel or new motor, when such new vessel or
motor is a replacement for:
1. A new original vessel or new original motor which is stolen
from the purchaser/registrant within ninety (90) days of the date of
purchase of the original vessel or new o riginal motor as certified
by a police report or other documentation as required by the Tax
Commission; or
2. A defective new original vessel or new original m otor
returned by the purchaser/registrant to the seller within six (6)
months of the date of pur chase of the defective new original vessel
or new original motor as cert ified by the manufactur er.
Such credit shall be in the amount of the fee for registratio n
which was paid for the new original vessel or new original motor and
shall be applied to the r egistration fee for the replacement vessel
or motor. In no event will said the credit be refunded.
H. Upon proper proof of a lost certificate of registration
being made to the Tax Commission or one of its motor license agents,
accompanied by an application t herefor and payment of the fees
required by the Oklahoma Vessel and Motor Registration Act, a
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duplicate certificate of registration shall be issued to the
applicant. The charge for such duplicate certificate of
registration shall be Two Dollars and twenty -five cents ($2.25),
which charge shall be in addition to any other fees imposed by
Section 4022 of this title for any such vessel or motor.
I. In addition to any other fees levied by the Oklahoma Vessel
and Motor Registration Act, there is levied and the re shall be paid
to the Tax Commission, for each year a vessel or mo tor is
registered, a fee of One Dollar ($1.00) for each vessel or motor for
which a registration or license fee is required pursuant to the
provisions of this section. The fee shall accru e and shall be
collected upon each vessel or motor under the same ci rcumstances and
shall be payable in the same manner and times as apply to vessel and
motor licenses and registrations under the provisions of the
Oklahoma Vessel and Motor Registration Act ; provided, the fee shall
be paid in full for the then current year at the time any vehicle is
first registered in a calendar year.
Monies collected pursuant to this subsection shall be
apportioned by the Tax Commission to the State Treasurer for deposit
in the Trauma Care Assistance Revolving Fund created in Section
330.97 1-2530.9 of this title.
The collection and payment of the fee shall be a prerequisite to
license or registration of any vessel or motor.
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J. In addition to any other fees levied by the Oklahoma V essel
and Motor Registration Act, there is levied and there shall be paid
to the Tax Commission , for each year a vessel or motor is
registered, a fee of Two Dollars ($2.00) for each vessel or motor
for which a registration or license fee is required pursua nt to the
provisions of this section. The fee shall accrue and shal l be
collected upon each ve ssel or motor under the same circumstances and
shall be payable in the same manner and times as apply to vessel and
motor licenses and registrations under the pr ovisions of the
Oklahoma Vessel and Motor Registration Act; provided , the fee shall
be paid in full for the then current year at the time any vehicle is
first registered in a calendar year.
Monies collected pursuant to this subsection shall be
apportioned by the Tax Commission to the State Treasurer for deposit
in the Reservoir Capital Investment Fu nd created in Section 1 of
this act.
The collection and payment o f the fee shall be a prerequisite to
license or registration of any vessel or motor.
Upon notice of the State Treasurer stating that the combined
assets of the fund have reached a total value of One Billion Six
Hundred Million Dollars ($1,600,000,000.00), the imposition of this
fee shall cease.
K. If a vessel or motor is donated to a nonprofit chari table
organization, the nonprofit charitable organization shall be e xempt
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from paying any curre nt or past due registration fees, excise tax,
transfer fees, and penalties and interest; provided, subsequent to
such donation, if the person, entity or party ac ting on another’s
behalf who donated the vessel or motor, purchases the same vessel or
motor from the nonprofit charitable organization receiving the
original donation, such person, entity or party acting on another ’s
behalf shall be liable for all current and past due registration
fees, excise tax, transfer fees, and pena lties and interest on such
vehicle.
SECTION 5. This act shall become effect ive November 1, 2022.
58-2-3591 RJ 3/3/2022 9:56:54 AM