An Act
ENROLLED HOUSE
BILL NO. 1390 By: Bashore and Alonso-Sandoval
of the House
and
Hall of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 1137.1, as amended by Secti on 170,
Chapter 282, O.S.L. 2022 , and 1137.3, as amended by
Section 172, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Sections 1137.1 and 1137.3), which relate to
motor vehicle registration and licensing after
purchase; extending e xpiration date of temporary
license plate; and providing an effective date.
SUBJECT: Motor vehicles
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1137.1, as
amended by Section 170, Chapter 28 2, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1137.1), is amended to read as follows:
Section 1137.1 A. Except for vehicles, travel trailers or
commercial trailers which display a current Oklahoma license tag,
upon the purchase or transfer of ownership of a used motor vehicle,
travel trailer or commercial trailer, including an out-of-state
purchase or transfer of the same, to a licensed used motor vehicle
dealer, wholesale used motor vehicle dealer, used travel trai ler
dealer or used commercial trailer dealer, subsequently referred to
in this section as "dealer", the dealer shall affix a used dealer's
plate visible from the rear of the vehicle, travel trailer or
commercial trailer. Such license plate shall expire on December 31 ENR. H. B. NO. 1390 Page 2
of each year. When the vehicle, travel trailer or commercial
trailer is parked on the dealer's licensed place of business, it
shall not be required to have a license plate of any kind affixed.
A dealer shall obtain from Service Oklahoma at a cost of Ten Dollars
($10.00) a dealer license plate for demonstrating, transporting or
any other normal business of a dealer including use by an individual
holding a valid salesperson's license issued by the Oklahoma Used
Motor Vehicle and Parts Commission. Any dealer who operates a
wrecker or towing service licensed pursuant to Sections 951 through
957 of this title shall register each wrecker vehicle and display a
wrecker license plate on each vehicle as required by Section 1 134.3
of this title. A dealer may obtain as many additional license
plates as may be desired upon the payment of Ten Dollars ($10.00)
for each additional license plate. Use of the used dealer license
plate by a licensed dealer for other than the purposes as set forth
herein shall constitute grounds for revocation of the dealer's
license. Service Oklahoma shall design the official used dealer
license plate to include the used dealer's license number issued to
him or her each year by Service Oklahoma or the Used Motor Vehicle
and Parts Commission.
B. Upon the purchase or transfer of ownership of an out-of-
state used motor vehicle, travel trailer or commercial trailer to a
licensed dealer, the dealer shall make ap plication for an Oklahoma
certificate of title pursuant to the Oklahoma Vehicle License and
Registration Act, Section 1101 et seq. of this title. Upon receipt
of the Oklahoma certificate of title, the dealer shall follow the
procedure as set forth in subs ection A of this section. Provided,
nothing in this title shall be construed as requiring a dealer to
register a used motor vehicle, travel trailer or commercial trailer
purchased in another state which will not be operated or sold in
this state.
C. Upon sale or transfer of ownership of the used motor vehicle
or travel trailer, the dealer shall place upon the reassignment
portion of the certificate of title a tax stamp issued by the county
treasurer of the county in which the dealer has his or her primar y
place of business. The tax stamp shall be issued upon payment of a
fee of Three Dollars and fifty cents ($3.50) and shall be in lieu of
the dealer's ad valorem tax on the inventories of used motor
vehicles or travel trailers but shall not relieve any ot her property
of the dealer from ad valorem taxation.
D. Upon sale of a used motor vehicle or travel trailer to
another licensed dealer, the selling dealer shall place the tax ENR. H. B. NO. 1390 Page 3
stamp required in subsection C of this section upon the certificate
of title. The used dealer license plate or wholesale dealer license
plate shall be removed by the selling dealer. The purchasing dealer
shall, at time of purchase, place his or her dealer license plate on
the used motor vehicle, travel trailer or commercial trailer as
provided in subsection A of this section; provided, for vehicles,
travel trailers or commercial trailers purchased by a licensed used
dealer at an auction, in lieu of such placement of the dealer
license plate, the auction may provide temporary documen tation as
approved by the Director of the Motor Vehicle Division of Service
Oklahoma for the purpose of transporting such vehicle to the
purchaser's point of destination. Such temporary documentation
shall be valid for two (2) days following the date of sale.
E. The purchaser of every used motor vehicle, travel trailer or
commercial trailer, except as otherwise provided by law, shall
obtain registration and title for the vehicle or trailer within
thirty (30) days two (2) months from the date of purchase of same.
It shall be the responsibility of the selling dealer to place a
temporary license plate, in size similar to the permanent Oklahoma
license plate but of a weatherproof plastic-impregnated substance
approved by the Used Motor Vehicle and Parts Commission, upon a used
motor vehicle, travel trailer or commercial trailer when a
transaction is completed for the sale of said vehicle. The
temporary license plate under this subsection shall be placed at the
location provided for the permanent motor vehicle license plate.
The temporary license plate shall show the license number which is
issued to the dealer each year by Service Oklahoma or the Used Motor
Vehicle and Parts Commission, the date the used motor vehicle,
travel trailer or commercial trailer was purchased and the company
name of the selling dealer. The Used Motor Vehicle and Parts
Commission is hereby directed to develop the temporary license plate
design to incorporate these requirements in a manner that will
permit law enforcement personnel to readily identify the dealer
license number and date of the vehicle purchase. The Used Motor
Vehicle and Parts Commission is hereby authorized to develop
additional requirements and parameters as deemed appropriate to
discourage or prevent illegal duplication and use of the temporary
license plate. Such temporary license plate shall be valid for a
period of thirty (30) days two (2) months from the date of purchase.
Use of the temporary license by a dealer for other than the purposes
set forth herein shall constitute grounds for revocation of the
dealer's license to conduct business. Purchasers of a commercial
trailer shall affix the temporary license plate to the rear of the
commercial trailer. The purchaser shall display the temporary ENR. H. B. NO. 1390 Page 4
license plate for a period not to exceed thirty (30) days two (2)
months or until registration and title are obtained as provided in
this section.
The provisions of this subsection on temporary licenses shall
apply to nonresidents who purchase a used motor vehicle, travel
trailer or commercial trailer within this state that is to be
licensed in another state. The nonresident purchaser shall be
allowed to operate the vehicle or trailer within the state with a
temporary license plate for a period not to exceed thirty (30) days
two (2) months from date of purchase. Any nonresident purchaser
found to be operating a used motor vehicle, travel trailer or
commercial trailer within this state after thirty (30) days two (2)
months shall be subject to the registration fees of this state upon
the same terms and conditions applying to residents of this state.
F. It shall be unlawful for any dealer to procure the
registration and licensing of any used motor vehicle, travel trailer
or commercial trailer sold by the dealer or to act as the agent for
the purchaser in the procurement of the registration and licensing
of the purchaser's used vehicle, travel trailer or commercial
trailer. A license of any dealer violating the provision of this
section may be revoked.
G. Dealers following the procedure set forth herein shall not
be required to register vehicles, travel trailers or commercial
trailers to which this section applies, nor will the registration
fee otherwise required be assessed. Provided, dealers shall not
purchase or trade for a used motor vehicle, travel trailer or
commercial trailer on which the registration therefor has been
expired for a period exceeding thirty (30) days two (2) months
without obtaining current registration therefor.
H. A nonprofit charitable organization which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), and which accepts donations of used motor
vehicles previously titled in Oklahoma to be subsequently
transferred to another owner, upon the qualifying organization
providing sufficient documentation of its tax-exempt status, may
obtain from Service Oklahoma charitable nonprofit organization
license plates for demonstrating, transporting or test-driving
donated vehicles, provided that no organization shall possess or use
at any one time more than eight such plates. Service Oklahoma shall
design distinctive license plates for that purpose. The cost for ENR. H. B. NO. 1390 Page 5
said plates shall be the same as provided in subsection A of this
section for dealer plates.
I. The transfer of ownership from the vehicle donor to the
qualifying nonprofit organization described in subsection H of this
section shall be made without the payment of motor vehicle excise
tax levied pursuant to Section 2103 of Title 68 of the Oklahoma
Statutes.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 37.3, as
amended by Section 172, Chap ter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1137.3), is amended to read as follows:
Section 1137.3 The purchaser of every new motor vehicle, travel
trailer or commercial trailer shall register or license the same
within thirty (30) days two (2) months from the date of purchase.
It shall be the responsibility of the selling dealer to place a
temporary license plate, in size similar to the permanent Oklahoma
license plate but of a weatherproof plastic-impregnated substance
approved by the Oklahoma Motor Vehicle Commission, upon a new motor
vehicle, travel trailer or commercial trailer when a transaction is
completed for the sale of said vehicle or trailer. Except for cab
and chassis trucks, the temporary license plate under this section
shall be placed at the location provided for the permanent motor
vehicle license plate. The purchaser of a new cab and chassis truck
may place the temporary license plate under this section in the rear
window. Said temporary license plate shall show the dealer's
license number which is issued to him or her each year by Service
Oklahoma, the date the new motor vehicle, travel trailer or
commercial trailer was purchased and the company name of the selling
dealer. The Oklahoma Motor Vehicle Commission is hereby directed to
develop a temporary license plate design to incorporate these
requirements in a manner that will permit law enforcement personnel
to readily identify the dealer license number and date of the
vehicle purchase. The Motor Vehicle Commission is further
authorized to develop additional requirements and parameters
designed to discourage or prevent illegal duplication and use of the
temporary license plate. On or before thirty (30) days two (2)
months from the date of purchase of a new motor vehicle, travel
trailer or commercial trailer, said temporary license plate shall be
removed and replaced with a permanent, current Oklahoma license
plate. Use of said temporary license plate by a licensed dealer for
other than the purpose of normally doing business shall constitute
grounds for revocation of the dealer's license.
ENR. H. B. NO. 1390 Page 6
It shall be unlawful for any licensed dealer of new motor
vehicles, travel trailers or commercial trailers to procure the
registration and licensing of any new motor vehicle, travel trailer
or commercial trailer sold by such licensed dealer or to act as the
agent for such purchaser in the procurement of said registration and
licensing. The license of any licensed dealer of new motor
vehicles, travel trailers or commercial trailers violating the
provisions of this section shall be revoked.
SECTION 3. This act shall become effective November 1, 2023.
ENR. H. B. NO. 1390 Page 7
Passed the House of Representatives the 15th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 25th 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 STA TE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________