Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2011 Enrolled / Bill

Filed 05/11/2023

                    An Act 
ENROLLED HOUSE 
BILL NO. 2011 	By: Davis of the House 
 
   and 
 
  Hall of the Senate 
 
 
 
 
An Act relating to motor vehicles; amending 47 O.S. 
2021, Section 1115, as amended by Section 132, 
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 
1115), which relates to vehicles required to be 
registered; providing for biennial reg istration for 
certain vehicles; req uiring Service Oklahoma to 
promulgate certain rules and necess ary procedures for 
biennial registration; and providing an effec tive 
date. 
 
 
 
SUBJECT:  Motor vehicles 
 
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 ame nded to read 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 
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; 
  ENR. H. B. NO. 2011 	Page 2 
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 
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. 
  ENR. H. B. NO. 2011 	Page 3 
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 
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: 
 
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  ENR. H. B. NO. 2011 	Page 4 
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 
 
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: 
 
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  ENR. H. B. NO. 2011 	Page 5 
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 
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 
  ENR. H. B. NO. 2011 	Page 6 
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. 
 
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 subsect ion 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 elect 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 
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. 
 
 
  ENR. H. B. NO. 2011 	Page 7 
Passed the House of Representatives the 10th day of May, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 24th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of Stat e this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________