HB1389 HFLR 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 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1389 By: Bashore, Fetgatter, Davis, Boles, Grego, and Hardin of the House and Rosino of the Senate COMMITTEE SUBSTITUTE [ motor vehicles - vehicle excise tax - value - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 68 O.S. 2021, Section 2104, as amended by Section 237, Chapter 2 82, O.S.L. 2022 (68 O.S. Supp. 2022, Section 2104), is amended to read as follows: Section 2104. A. The value of any motor vehicle, except a manufactured home, for the purposes of the excise tax levied by Section 2103 of this title, shall be determined as of the time the person applying for a certificate of title thereto obtained either ownership or possession of the vehicle, which shall be presumed to HB1389 HFLR 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 be the actual date of the sale or other transfer of ownership, and assignment of the certificate of title. B. 1. The value of any vehicle, for purposes of the excise tax levied by Section 2103 of this title, shall be the actual sales price of such a vehicle before after any discounts or credits are given for a trade-in. However, the value 2. For purposes of computing the maximum value or the minimum value of the vehicle to calculate the amount of motor vehicle excise tax due, and notwithstanding the actual sales price of the vehicle as negotiated between the seller and buyer, the sale s price of the vehicle prior to the subtraction of such discounts or credits for a trade-in shall be required to be within twenty percent (20%) of the average retail price value of such vehicle as listed in the automotive reference material prescribed by Service Oklahoma. 3. The actual sales price value of the vehicle as computed in paragraph 1 of this subsection, which total shall be the basis of the motor vehicle excise tax, as well as: a. the sales price of the vehicle for purposes of paragraph 2 of this subsection , b. the number of tires on the vehicle , and c. the tire rim diameters, shall be entered on the bill of sale furnished by the seller to the purchaser, or on such other form as may be prescribed by Service Oklahoma. HB1389 HFLR 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 C. Upon receipt of the properly completed bill of sale or other form as prescribed by Service Oklahoma, and the payment of all applicable taxes and fees, Service Oklahoma or an appointed licensed operator shall issue a vehicle certificate of title in accordance with the provisions of the Oklahoma Vehicle License and Registration Act. D. On or before November 1 , 2025, Service Oklahoma shall file a report with the Governor, the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma State Senate, the Chair of the Appropr iations and Budget Committee of the House of Representatives, and the Chair of the Appropriations Committee of the Senate. The report shall state the fiscal impact of the motor vehicle ex cise tax over the previous three (3) fiscal years, the future projec tions of the motor vehicle excise tax , and any other information important to the implementation and fiscal impact of the motor vehicle excise tax. SECTION 2. This act shall become effective November 1, 2023. COMMITTEE REPORT BY: COMMITTE E ON APPROPRIATIONS AND BUDGET , dated 03/02/2023 - DO PASS, As Amended and Coauthored.