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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2011 By: Davis of the House
and
Hall of the Senate
COMMITTEE SUBSTITUTE
[ motor vehicles - biennial registration - Service
Oklahoma - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1115, as
amended by Section 132, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1115), is amended to re ad as follows:
Section 1115. A. Unless provided otherwise by statute, the
following vehicles shall be registered annually: manufactured
homes, vehicles registered with a permanent nonexpiring license
plate pursuant to Section 1113 of this title, and commercial
vehicles registered pursuant to the installment plan provided in
subsection H of Section 1133 of this title. The following schedule
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shall apply for such vehicle purchased in this state or brought into
this state by residents of this state:
1. Between January 1 and March 31, the payment of the full
annual fee shall be required;
2. Between April 1 and June 30, the payment of three-fourths
(3/4) the annual fee shall be required;
3. Between July 1 and September 30, the payment of one-half
(1/2) the annual fee shall be required; and
4. Between October 1 and November 30, one-fourth (1/4) the
annual fee shall be required.
License plates or decals for each year shall be made available
on December 1 of each preceding year for such vehicles. Any person
who purchases such vehicle or manufactured home between December 1
and December 31 of any year shall register it within thirty (30)
days from date of purchase and obtain a license plate or
Manufactured Home License Registration Decal, as appropriate, for
the following calendar year upon payment of the full annual fee.
Unless provided otherwise by statute, all annual license,
registration and other fees for such vehicles shall be due and
payable on January 1 of each year and if not paid by February 1
shall be deemed delinquent.
B. 1. All vehicles, other than those required to be registered
pursuant to the provisions of subsection A of this section, shall be
registered on a staggered system of registration and licensing on a
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monthly series basis to distribute the work of registering such
vehicles as uniformly and expeditiously as practicable throughout
the calendar year unless otherwise provided in this section. After
the end of the month following the exp iration date, the license and
registration fees for the new registration period shall become
delinquent. At the time of registration or renewal, the owner of
the vehicle may choose either an annual or a biennial registration
of the vehicle.
2. All fleet vehicles registered pursuant to new applications
approved pursuant to the provisions of Section 1120 of this title
shall be registered on a staggered system monthly basis.
3. Applicants seeking to establish Oklahoma as the base
jurisdiction for registering apportioned fleet vehicles shall have a
one-time option of registering for a period of not less than six (6)
months nor greater than ei ghteen (18) months. Subsequent renewals
for these registrants will be for twelve (12) months, expiring on
the last day of the month chosen by the registrant under the one-
time option as provided herein. In addition, registrants with
multiple fleets may d esignate a different registration month of
expiration for each fleet.
As used in this section, "fleet" shall have the same meaning as
set forth in the International Registration Plan.
4. Effective January 1, 2004, all motorcycles and mopeds shall
be registered on a staggered system of registration. Service
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Oklahoma shall notify in writing, prior to December 1, 2003, all
owners of motorcycles or mopeds registered as of such date, who
shall have a one-time option of registering for a period of not less
than three (3) months nor greater than fifteen (15) months.
Subsequent renewals for these registrants will be for twelve (12)
months, expiring on the last day of the month chosen by the
registrant under the one-time option as provided herein. All
motorcycles and mopeds registered pursuant to new applications
received on or after December 1, 2003, shall also be registered
pursuant to the provisions of this paragraph.
5. Any three or more commercial vehicles owned by the same
person and previously registered in this state may be registered at
the same time regardless of the month or months in which they were
previously registered. The month in which the commercial vehicles
are newly registered shall be the month in which their registration
is renewed annually. If a commercial vehicle is registered pursuant
to this paragraph in the same calendar year in which it was
previously registered, license and registration fees shall be
prorated to account for the difference between the previous renewal
month and the new renewal month and those fees shall be due at the
time of registration pursuant to this paragraph.
C. The following penalties shall apply for delinquent
registration fees:
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1. For fleet vehicles required to be registered pursuant to the
provisions of Section 1120 of this title for which a properly
completed application for registration has not been received by the
Corporation Commission by the last day of the month following the
registration expiration date, a penalty of thirty percent (30%) of
the Oklahoma portion of the annual registration fee, or Two Hundred
Dollars ($200.00), whichever is greater, shall be assessed. The
license and registration cards issued by the Corporation Commission
for each fleet vehicle shall be valid until two (2) months after the
registration expiration date;
2. For commercial vehicles registered under the provisions of
subsection B of this section, except those vehicles registered
pursuant to Section 1133.1 of this title, a penalty shall be
assessed after the last day of the month following the registration
expiration date. A penalty of twenty-five cents ($0.25) per day
shall be added to the license fee of such vehicle and shall accrue
for one (1) month. Thereafter, the penalty shall be thirty percent
(30%) of the annual registration fee, or Two Hundred Dollars
($200.00), whichever is greater;
3. For new or used manufactured homes, not registered within
thirty (30) days from date of purchase or date such manufactured
home was brought into this state, a penalty equal to the
registration fee shall be assessed; or
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4. For all vehicles a penalty shall be assessed after the last
day of the month following the expiration date and no penalty shall
be waived by Service Oklahoma or any licensed operator except as
provided for in subsection H of Section 1133, subsection C of
Section 1127 of this title, or when the vehicle was stolen as
certified by a police report or other documentation as required by
Service Oklahoma. A penalty of One Dollar ($1.00) per day shall be
added to the license fee of such vehicle, provided that the penalty
shall not exceed One Hundred Dollars ($100.00). Of each dollar
penalty collected pursuant to this subsection:
a. twenty-one cents ($0.21) shall be a pportioned as
provided in Section 1104 of this title,
b. twenty-one cents ($0.21) shall be retained by the
licensed operator, and
c. fifty-eight cents ($0.58) shall be deposited in the
General Revenue Fund.
D. In addition to all other penalties provided in the Oklahoma
Vehicle License and Registration Act, the following penalties shall
be imposed and collected by any Enforcement Officer of the
Corporation Commission upon finding any commerc ial vehicle being
operated in violation of the provisions of the Oklahoma Vehicle
License and Registration Act.
The penalties shall apply to any commercial vehicle found to be
operating in violation of the following provisions:
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1. A penalty of not less th an Fifty Dollars ($50.00) shall be
imposed upon any person found to be operating a commercial vehicle
sixty (60) days after the end of the month in which the license
plate or registration credentials expire without the current year
license plate or registr ation credential displayed. Such penalty
shall not exceed the amount established by the Corporation
Commission pursuant to the provisions of subsection A of Section
1167 of this title. Revenue from such penalties shall be
apportioned as provided in Secti on 1167 of this title;
2. A penalty of not less than Fifty Dollars ($50.00) shall be
imposed for any person operating a commercial vehicle subject to the
provisions of Section 1120 or Section 1133 of this title without the
proper display of, or, carrying in such commercial vehicle, the
identification credentials issued by the Corporation Commission as
evidence of payment of the fee or tax as provided in Section 1120 or
Section 1133 of this title. Such penalty shall not exceed the
amount established by the Corporation Commission pursuant to the
provisions of subsection A of Section 1167 of this title. Revenue
from such penalties shall be apportioned as provided in Section 1167
of this title; and
3. A penalty of not less than One Hundred Dollars ($100.00)
shall be imposed for any person that fails to register any
commercial vehicle subject to the Oklahoma Vehicle License and
Registration Act. Such penalty shall not exceed the amount
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established by the Corporation Commission pursuant to the provisions
of subsection A of Section 1167 of this title. Revenue from such
penalties shall be apportioned as provided in Section 1167 of this
title.
E. Service Oklahoma, or the Corporation Commission with respect
to vehicles registered under Section 1120 or Section 1133 of this
title, shall assess the registration fees and penalties for the year
or years a vehicle was not registered. For vehicles not registered
for two (2) or more years, the registration fees and penalties shall
be due only for the curre nt year and one (1) previous year.
F. In addition to any other penalty prescribed by law, there
shall be a penalty of not less than Twenty Dollars ($20.00) upon a
finding by an enforcement officer that:
1. The registration of a vehicle registered pursuan t to Section
1132 of this title is expired and it is sixty (60) or more days
after the end of the month of expiration; or
2. The registration fees for a vehicle that is subject to the
registration fees pursuant to Section 1132 of this title have not
been paid.
Such penalty shall not exceed the amount established by the
Corporation Commission pursuant to the provisions of subsection A of
Section 1167 of this title. Revenue from such penalties shall be
apportioned as provided in Section 1167 of this title.
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G. If a vehicle is donated to a nonprofit charitable
organization, the nonprofit charitable organization shall be exempt
from paying any current or past due registration fees, excise tax,
transfer fees, and penalties and interest. However, after the
donation, if the person donating the vehicle, or someone on behalf
of such person, purchases the same vehicle back from the nonprofit
charitable organization to which the vehicle was donated, such
person shall be liable for all current and past-due registration
fees, excise tax, title or transfer fees, and penalties and interest
on such vehicle.
H. Service Oklahoma shall promulgate rules and an y necessary
procedures to establish an option for a biennial registration for
vehicles registered pursuant to paragraph 1 of subsection B of this
section.
1. Regardless of whether the vehicle owner elects annual or
biennial registration, the vehicle is still subject to all fees,
fines, and penalties provided in the Oklahoma Vehicle License and
Registration Act.
2. For vehicle owners who el ect biennial registration, the
annual registration fee shall be twice the annual registration fee
provided in the Oklahoma Vehicle License and Registration Act .
3. When processing biennial registrations, licensed operators
shall be entitled to retain twice the amounts provided in paragraphs
1 and 2 of subsection A of Section 1141.1 of this title and twice
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the amount provided i n paragraph 14 of subsection A of Section
1141.1 of this title for processing insurance verification
information.
SECTION 2. This act shall become e ffective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
02/23/2023 - DO PASS, As Amended and Coauthored.