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ENGROSSED HOUSE
BILL NO. 1759 By: Manger of the House
and
Stanley of the Senate
An Act relating to excise tax; amending 68 O.S. 2021,
Section 2105, which relates to excise tax on
vehicles; modifying name of responsible entity ;
defining term; updating statutory language; providing
for transfer-on-death procedures for vessels or
motors; requiring notice; prescribing content of
notice; authorizing revocation; providing for
affidavit by transferee; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 2105, is
amended to read as follows:
Section 2105. An original or a transfer certificate of title
shall be issued without the payment of the excise tax levied by
Section 2101 et seq. of this title for:
1. Any vehicle owned by a nonresident person who operates
principally in some other state but who is in Oklahoma only
occasionally;
2. Any vehicle brought into this state by a person formerly
living in another state, wh o has owned and registered the vehicle in
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such other state of residence at least sixty (60) days prior to the
time it is required to be registered in this state; provided,
however, this paragraph shall not apply to businesses engaged in
renting cars without a driver;
3. Any vehicle registered by the State of Oklahoma this state,
by any of the political su bdivisions thereof, or by a fire
department organized pursuant to Section 5 92 of Title 18 of the
Oklahoma Statutes to be used for the purposes of the fire
department, or a vehi cle which is the subject of a lease or lease-
purchase agreement executed between the person seeking an original
or transfer certificate of title for the ve hicle and a municipality,
county, school district, or fire protection district. The person
seeking an original or transfer certificate of title shall provide
adequate proof that th e vehicle is subject to a lease or lease-
purchase agreement with a municipa lity, county, school district, or
fire protection district at the time the exci se tax levied would
otherwise be payable. The Oklahoma Tax Commission Service Oklahoma
shall have the authority to de termine what constitutes adequate
proof as required by this section;
4. Any vehicle, the legal ownership of which is obtained by the
applicant for a certi ficate of title by inh eritance. For the
purposes of this section, "inheritance" means any transfer from a
deceased individual to the direct successor in interest of the
decedent without consideration, whether through probate,
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administration, inter vivos t rust, transfer-on-death designation, or
joint ownership;
5. Any used motor vehicle, travel trailer, or commercial
trailer which is owned an d being offered for sale by a person
licensed as a dealer to sell the same, under the provisions of the
Oklahoma Vehicle License and Registrati on Act:
a. if such vehicle, travel trailer, or commercial trailer
has been registered in Oklahoma and the excise tax
paid thereon, or
b. when such vehicle, travel trailer, or commercial
trailer has been registered in some other s tate but is
not the latest manufactured model.
Provided, the provisions of this paragraph shall not b e
construed as allowing an exemption to any person not licensed as a
dealer of used motor vehicles, travel trailers, or commercial
trailers, or as an autom otive dismantler and parts recycler in this
state;
6. Any vehicle which was purchased by a person li censed to sell
new or used motor vehicl es in another state if:
a. if such vehicle is not purchased for operation or
resale in this state, and
b. the state from which the dealer is li censed offers
reciprocal privileges to a dealer licensed in this
state, pursuant to a reciprocal agreement between t he
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duly authorized agent of the Tax Commission Service
Oklahoma and the licensing state;
7. Any vehicle, the ownership of which w as obtained by the
lienholder or mortgagee under or by foreclosure of a lien or
mortgage in the manner provided by law or to the insurer under
subrogated rights arising by reason of loss under an insurance
contract;
8. Any vehicle which is taxed on an ad valorem basis;
9. Any vehicle or motor vehicle, the legal ownership of which
is obtained by transfers:
a. from one corporation to another corp oration pursuant
to a reorganization. As used in this subsection
subparagraph, the term "reorganization" means:
(1) a statutory merger or consolida tion, or
(2) the acquisition by a corporation of substantially
all of the properties of another corporation when
the consideration is solely all or a part o f the
voting stock of the acquiring corporation, or of
its parent or subsidiary corporation,
b. in connection with the winding up , dissolution, or
liquidation of a corporation only when there is a
distribution in kind to the shareholders of the
property of such corporation,
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c. to a corporation where the former owners of the
vehicle or motor vehicle trans ferred are, immediately
after the transfer, in control of the corporation, and
the stock or securities received by eac h is
substantially in proportion to th e interest in the
vehicle or motor vehicle prior to the transfer,
d. to a partnership if the former owners of the vehicle
or motor vehicle transferred are, immediately after
the transfer, members of such partnership an d the
interest in the partnership rece ived by each is
substantially in proportion to the interest in the
vehicle or motor vehicle prior to the transfer,
e. from a partnership to the members thereof when made in
the dissolution of such partnership,
f. to a limited liability company if the forme r owners of
the vehicle or motor vehicle transferred are,
immediately after the transfer, members of the limited
liability company and the interest in the limited
liability company received by each is substantially in
proportion to the interest in the vehi cle or motor
vehicle prior to the transfer, or
g. from a limited liability company to the members
thereof when made in the dissol ution of such
partnership;
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10. Any vehicle which is purchased by a person to be used by a
business engaged in renting motor ve hicles without a driver,
provided:
a. the vehicle shall not be ren ted to the same person for
a period exceeding ninety (90) days,
b. any such vehicle exempted from the excise tax by these
provisions shall not be placed under any type of lease
agreement,
c. on any such vehicle exempted from the excise tax by
this subsection paragraph that is reregistered in this
state, without a prior sale or transfer to the persons
specified in divisions (1) and (2) of this
subparagraph, at any time prior to the expiration of
twelve (12) months from the date of issuance of the
original title, the seller shall pay immediately the
amount of excise tax which woul d have been due had
this exemption not been granted plu s a penalty of
twenty percent (20%). No such excise tax or penalty
shall become due and payable if the vehicle is sold or
transferred in a condition either physical or
mechanical which would render it eligible for a
salvage title pursuant to law or if the vehicle is
sold and transferred in this state at any time prior
to the expiration of twelve (12) months:
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(1) to the manufacturer of the vehicle or its
controlled financing arm, or
(2) to a factory authorized franchised new motor
vehicle dealer which holds a franchise of the
same line-make of the vehicle being purchased, or
d. when this exemption is claimed, the Tax Commission
Service Oklahoma shall issue a special title which
shall restrict the t ransfer of the title only within
this state prior to the expiration of twelve (12)
months unless:
(1) payment of the excise tax plus penalty as
provided in this section is made,
(2) the sale is made to a person specified in
division (1) or (2) of subparagr aph c of this
paragraph, or
(3) the vehicle is eligible for a salvage title.
For all other tax purposes vehicles herein exempted shall be
treated as though the excise tax has been paid;
11. Any vehicle of the latest manufactured model, registered
from a title in the name of the original manufacturer or assigned to
the original manufacturer and issued by any state and transferred to
a licensed, franchis ed Oklahoma motor vehicle dealer, as defined by
Section 1102 of Title 47 of the Oklahoma Statutes, which h olds a
franchise of the same line-make as the vehicle being registered;
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12. Any new motor vehicle, registered in the name of a
manufacturer or dealer of new motor vehicles, for which a license
plate has been issued pursuant to Section 1116.1 of Title 47 o f the
Oklahoma Statutes, if such vehicle is authorized by the manufacturer
or dealer for personal use by an individual. The authorization for
such use shall not exceed four (4) months which shall not be renewed
or the exemption provided by this subsection paragraph shall not be
applicable. The exemption provided by this subsection paragraph
shall not be applicable to a transfer of owners hip or registration
subsequent to the first registration of the vehicle by a
manufacturer or dealer;
13. Any vehicle, travel trailer, or commercial trailer of the
latest manufacturer model purchased by a franchised Oklahoma dealer
licensed to sell the sam e which holds a franchise of the s ame line-
make as the vehicle, travel trailer, or commercial trailer being
registered;
14. Any vehicle which is the subject of a lease or lease-
purchase agreement and which the ownership of such vehicle is being
obtained by the lessee, if the vehicle excis e tax was paid at the
time of the initial lease or lease-purchase agreement;
15. Any vehicle which:
a. is purchased by a private, nonprofit organization
which is exempt from taxation pursuant to the
provisions of Section 501(c)(3) of the Internal
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Revenue Code, 26 U.S.C., Section 501(c)(3), and which
is primarily funded by a fraterna l or civic service
organization with at least one hundred local chapters
or clubs, and
b. is designed and used to provide mobile health
screening services to the general public at no cost to
the recipient, and for which no reimbursement of any
kind is received from any health ins urance provider,
health maintenance organization, or governmental
program;
16. Any vehicle which is purchased by an in dividual who has
been honorably discharged from active service in any branch of the
Armed Forces of the United St ates or Oklahoma Nationa l Guard and who
has been certified by the United States Department of Veterans
Affairs, its successor, or the Armed For ces of the United States to
be a disabled veteran in receipt of compensation at the one-hundred-
percent rate for a permanent disability s ustained through military
action or accident resulting from disease contracted while in such
active service and registe red with the veterans registry cre ated by
the Oklahoma Department of Veterans Affairs; provided, that if the
veteran has previously recei ved exemption pursuant to this
paragraph, no registration with the veterans registry shall be
required. This exemption may not be claimed by an individu al for
more than one vehicle in a consecutive three-year period, unless the
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vehicle is a replacement fo r a vehicle which was destroyed and
declared by the insurer to be a total loss claim. The Tax
Commission Service Oklahoma shall promulgate any rules necessary to
implement the provisions of this section; or
17. Any vehicle on which ownership is tr ansferred by a
repossessor directly back to the ow ner or owners from whom the
vehicle was repossessed; provided, ownership shall be assigned by
the repossessor within thirty (30 ) days of issuance of the
repossession title and shall be identical to that ref lected in the
vehicle title record immediately pri or to the repossession.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4012.1 of Title 63, unless there
is created a duplication in number ing, reads as follows:
A. The title of a vessel or motor that is not subject to any
lien or other encumbrance may be transferred in transfer -on-death
form by filing with Service Oklahoma a written notice of transfer
signed by the transferor and designating the transferee. Such
notice shall transfer ownership of the vessel or motor to the
transferee upon the death of the transferor. The notice shall
include:
1. The identification number of the vessel or motor;
2. The full name and address of the transferor;
3. The full name and address of the transferee; and
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4. The signature of the transferor. The signature or consent
of or notice to the transferee shall not be required for any purpose
during the lifetime of the transferor.
B. A designation of the transferee may be revoked or changed at
any time prior to the death of the transferor by filing an amended
notice with Service Oklahoma.
C. To accept a certifica te of title of a vessel or motor
pursuant to notice filed under subsection A of thi s section, the
designated transferee shall execute an affidavit verifying the death
of the transferor owner and submit it to Service Oklahoma. After
the date of the transfer of th e vessel or motor as evidenced by the
submitted affidavit and the records of Service Oklahoma, Service
Oklahoma shall issue a title reflecting the transfer of owner ship.
SECTION 3. This act shall become effective November 1, 2023.
Passed the House of Representatives the 27th day of February,
2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate