HB1853 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 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1853 By: Kerbs of the House and Hall of the Senate COMMITTEE SUBSTITUTE An Act relating to motor vehicles; amending 47 O.S. 2021, Section 1103, as amended by Section 9, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1103), which relates to legislative intent; allowing certain fee be retained by licensed operator; amending 47 O.S. 2021, Section 1140, as last amended by Section 12, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1140), which relates to apportionment; modifying description of certain collected monies; amending 47 O.S. 2021, Section 1141.1, as last amended by Section 13, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1), which relates to the retention of taxes and fees; removing certain statutory references on fee retention; authorizing the retention of certain fees; amending 63 O.S. 2021, Sectio n 4021, as amended by Section 215, Chapter 282, O.S.L. 2022 (63 O.S. Supp. 2023, Section 4021), which relates to fees, exemptions, and credits; modifying date and means for the retention of certain fees; amending 68 O.S. 2021, Section 2103, as amended by S ection 236, Chapter 282, O.S.L. 2022 (68 O.S. Supp. 2023, Section 2103), which relates to tax for transfer of vehicle ownership; modifying agency responsible for certain collection; modifying apportionment and retention of certain collections; and declarin g an emergency. HB1853 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 IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 1103, as amended by Section 9, Chapter 47 , 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1103), is amended to read as follows: Section 1103. A. It is the intent of the Legislature that the owner or owners of ever y vehicle in this state shall posse ss a certificate of title as proof of ownership and that every vehicle shall be registered in the name of the owner or owners thereof. All registration and licen se fees and mileage taxes imposed by the Oklahoma Vehicle License and Registration A ct shall be for the purpose of providing funds for the general governmental functions of the state, counties, municipalities and schools and for the maintenance and upkeep of the avenues of public access of this state. Such registration and license fees shall ap ply to every vehicle operated upon, over, along or across any avenue of public access within this state and when paid in full, shall be in lieu of all other taxes, general and local, unless otherwise specifically provided. B. Unless otherwise provided, al l fees to be retained by the licensed operator pursuant to the Oklahoma Vehicle License and Registration Act, shall be retained by the licensed operator pursuant to subsection E of Section 1141.1 of this title. HB1853 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 1. This section shall apply to subsection H of Section 1105, Section 1115, 1132, 1132.1, 1132.4, 1135.1, 1135.2, 1135.3, subsection H of Section 1140, and Section 1151 of this title, and Section 2103 of Title 68 of the Oklahoma Statutes , beginning July 1, 2023. Except that the fee of Five Dollars ($5.00) for the license plate issued pursuant to paragraph 31 of subsection B of Section 1135.2 of this title shall be retained by the licensed opera tor. 2. This section shall apply to subsec tions G, L, M, N, and R of Section 1105, Sections 1107.4, 1110, 1116, 1126 , 1135.4, 1135.7, 1135.9, and 1143 of this title, and Section 4021 of Title 63 of the Oklahoma Statutes, beginning July 1, 2025. SECTION 2. AMENDATORY 47 O.S. 2021, Se ction 1104, as last amended by Section 10, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1104), is amended to rea d as follows: Section 1104. A. Unless otherwise provided by law, all fees, taxes and penalties collected or received pursua nt to the Oklahoma Vehicle License and Regist ration Act or Section 1-101 et seq. of this title shall be apportioned and dist ributed monthly by the Oklahoma Tax Commission in accordance with this section. Service Oklahoma shall provide to the Oklahoma Tax Comm ission monthly reports of motor vehicle collection information, including, but not limited to, motor vehicle monthly apportionment information, refunds, canceled vouchers, waste tire collections, organ donor HB1853 HFLR Page 4 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 program amounts, driver license records, prorat e amounts, and sales tax amounts. The reports shall be delivere d electronically pursuant to the current calendar year apportionment disbursement schedule provided to Service Oklahoma by the Oklahoma Tax Commission on or before December 1st annually. One percent (1%) of fees collected the monies referred to i n this subsection shall be apportioned to the Licensed Oper ator Performance Fund created in Section 3-106 of this title, in accordance with the applicable metrics determined by Service Oklahoma. B. 1. The following percentages of the monies referred to in subsection A of this section shal l be apportioned to the various school districts in accordance with paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, thirty -five and forty-six one-hundredths percent (35.46%), b. for the year beginning July 1, 2001, and ending June 30, 2002, thirty-five and ninety-one one-hundredths percent (35.91%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, t hirty-six and twenty one- hundredths percent (36.20%), d. for the year beginning July 1, 2015, thro ugh the year ending on June 30, 2019, thirty-six and twenty one- hundredths percent (36.20%), but in no e vent shall the HB1853 HFLR Page 5 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 amount apportioned in any fiscal year p ursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Reven ue Fund, and e. for the year beginning July 1, 2019, a nd all subsequent years, thirty -six and twenty one-hundredths percent (36.20%), but in no event sh all the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount app ortioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned to the various school districts so that each district shall receive an amount based upon the proportion that each district’s average daily attendance bears to the total average daily attendance of those districts entitled to receive funds pursuant to this section as certified by the State Department of Education. HB1853 HFLR Page 6 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 Each district’s allocation of funds shall be remitted to the county treasurer of the c ounty wherein the administrative headquarters of the dist rict are located. No district shall be eligible for the funds herein prov ided unless the district makes an ad valorem tax levy of fifteen (15) mills and maintains nine (9) years of instruction and p ursuant to the rules of the State Board of Education, is a uthorized to maintain ten (10) years of instruction. C. The following pe rcentages of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the General Revenue Fund of the State Treasury: 1. From October 1, 2000, until June 30, 2001, forty -five and ninety-seven one-hundredths percent (45.97%) ; 2. For the year begin ning July 1, 2001, and ending June 30, 2002, forty-five and twenty-nine one-hundredths percent (4 5.29%); 3. For the year beginning Ju ly 1, 2002, and for the subsequent fiscal years ending June 30, 2007, for ty-four and eighty-four one- hundredths percent (4 4.84%); 4. For the year beginning July 1, 2007, and end ing June 30, 2008, thirty-nine and eighty-four one-hundredths percent (39.84%) ; 5. For the year beginning July 1, 2008, and ending June 30, 2009, thirty-four and eighty-four one-hundredths percent (3 4.84%); HB1853 HFLR Page 7 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 6. For the period beginning July 1, 2009, and e nding December 31, 2012, twenty-nine and eighty-four one-hundredths percent (29.84%); 7. For the period beginning January 1, 2013, and ending June 30, 2013, twenty-nine and thirty-four one-hundredths percent (29.34%); 8. For the year beginning July 1, 20 13, and ending June 30, 2014, twenty-six and eighty-four one-hundredths percent (26.84%); and 9. For the year beginning July 1, 2014, through the year ending June 30, 2019, twenty-four and eighty-four one-hundredths percent (24.84%). D. The following per centages of the monies referred to in subsection A of this section shall be re mitted to the State Treasurer to be credited to the State Transportation Fund: 1. From October 1, 2000, until June 30, 2001, thirty one- hundredths percent (0.30%); 2. For the year beginning July 1, 2001, through the y ear ending on June 30, 2015, thirty-one one-hundredths percent (0.31%); 3. For the year beginning July 1, 201 5, through the year endin g on June 30, 2019, thirty-one one-hundredths percent (0.31%), but in no event shall the amount apportioned in any fiscal year pursuant to this paragraph exceed the total amount apportioned for the fiscal year ending on June 30, 20 15. Any amounts in excess of such HB1853 HFLR Page 8 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 limitation shall be placed to the credit of the General Revenue Fund; and 4. For the year beginning July 1, 20 19, and all subsequent years, thirty-one one-hundredths percent (0.31%), but in no event shall the amount appo rtioned in any fiscal yea r pursuant to this paragraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amount s in excess of such limitatio n shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. E. 1. The following percentages o f the monies referred to in subsection A of this section shall be appo rtioned to the various counties as set forth in paragraph 2 of this subsection: a. from October 1, 2000, u ntil June 30, 2001, seven and nine one-hundredths percent (7.09%), b. for the year beginning July 1, 2001, and ending Jun e 30, 2002, seven and eightee n one-hundredths percent (7.18%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, seven and twenty-four one- hundredths percent (7.24%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, seve n and twenty-four one- hundredths percent (7.24%), but in no event shall the HB1853 HFLR Page 9 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 amount apportioned in any fisc al year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. A ny amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, seven and twenty-four one-hundredths percent (7.24%), but in no event shall the amount apportioned in any fiscal yea r pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driv er Safety Fund created in Sec tion 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursua nt to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned as follows: forty percent (40%) of such sum shall be distri buted to the various counties in that proportion which the county road mileage of each county bears to the ent ire state road mileage as certified by the Transportation Commission and the remaining sixty percent (6 0%) of such sum shall be distributed to the various counties on the basi s which the population and area of each county bears to the total population and area of the state. The population shall be as shown HB1853 HFLR Page 10 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 by the last Federal Decennial Census or the most r ecent annual estimate provided by the Unite d States Bureau of the Census . The funds shall be used for the purpose of constructing and maintaining county highways; provided, howe ver, the county treasurer may deposit so much of the funds in the sinking fund as may be necessary for the retirement of interest and annual accrual o f indebtedness created by the issuance of county or township bonds for road purpo ses. Such deposits to the sinking fund shall not exceed forty percent (40%) of the funds allocated to a county pursuant to this paragraph. F. 1. The following percentages o f the monies referred to in subsection A of this section shall be remitted to the county treasurers of the respective counties and by them deposited in a separate special revenue fund to be used by the county commissioners in accordance with paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, two and fifty-three one-hundredths percent (2.53%), b. for the year beginning July 1, 2001, and ending June 30, 2002, two and fifty-six one-hundredths percent (2.56%), c. for the year beginnin g July 1, 2002, through the year ending on June 30, 2015, two and fifty -nine one- hundredths percent (2.59% ), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, two and fifty-nine one- HB1853 HFLR Page 11 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 hundredths percent (2.59%), but in no even t shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, two a nd fifty-nine one-hundredths percent (2.59%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limi tation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection s hall be used for the prim ary purpose of matching federal funds for the construction of federal aid projects on county roads, or constructing and m aintaining county or township highways and permanent bridges of such counties. The distribution of monies app ortioned by this paragraph shall be made upon the basis of the current formula based upon road mileage, area and population as related to county r oad improvement and maintenan ce HB1853 HFLR Page 12 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 costs. Provided, however, the Department of Transportation may update the formula factors from time to time as necessary to ac count for changing conditions. G. 1. The following percentages of the monies referred to in subsection A of this section sha ll be transmitted by the Tax Commission to the various counties as set forth in p aragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, three and fifty-five one-hundredths percent (3.55%), b. for the year beginning July 1, 2001, and e nding June 30, 2002, three and fifty -nine one-hundredths percent (3.59%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, three and sixty-two one- hundredths percent (3.62%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, three and sixty -two one- hundredths percent (3.6 2%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2 015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund , and HB1853 HFLR Page 13 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 e. for the year beginning July 1, 2019, and all subsequent years, three and sixty-two one-hundredths percent (3.62%), but in no event shall the am ount apportioned in any fiscal year pursuant to this subparagraph exceed the tota l amount apportioned for the fiscal year ending o n June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagr aphs a through e of paragraph 1 of this subsection shall be transmitted to the various counties on the basis of a formula to b e developed by the Department of Transportation. Such formula shall be similar t o that currently used for the distribution of Cou nty Bridge Program Funds, but also taking into consideration the effect of terrain and traffic volume as related to county roa d improvement and maintenance costs. Provided, however, the Department of Transp ortation may update the formula factors from time to time as necessary to account for changing conditions. The funds shall be transmitted to the various county treasurers to be deposited in the county highway fund of their respective counties. HB1853 HFLR Page 14 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 H. 1. The following percentages of the monies referred to in subsection A of this section shall be apportioned to the various counties as set forth in para graph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, eighty -one one-hundredths percent (0 .81%), b. for the year beginning July 1, 2001, an d ending June 30, 2002, eighty-two one-hundredths percent (0.82%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, eighty-three one-hundredths percent (0.83%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, eighty-three one-hundredths percent (0.83%), but in no event shall the amount apportioned in any fi scal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, eighty -three one-hundredths percent (0.83%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in exces s HB1853 HFLR Page 15 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 of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subp aragraphs a through e of paragraph 1 of thi s subsection shall be apportioned to the various counties based upo n the proportion that each county’s population bears to the total state population. Each county’s allocation of funds shall be remitted to the various county treasurers to be deposited in t he general fund of the county and used for the support of county go vernment. I. 1. The following percentages of the monies referred to in subsection A of this section sha ll be apportioned to the various cities and incorporated towns as set forth in parag raph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, three and four one-hundredths percent (3.04%), b. for the year beginning July 1, 2001, and ending J une 30, 2002, three and eight one -hundredths percent (3.08%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, three a nd ten one-hundredths percent (3.10%), HB1853 HFLR Page 16 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 d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, three and ten one -hundredths percent (3.10%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, an d e. for the year beginning July 1, 2019, and all subsequent years, three and ten one-hundredths percent (3.10%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount app ortioned for the fisc al year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursu ant to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned to the various cities and incorporated towns based upon the proportion that each city or incorporated town ’s population bears to the total population of all cities and incorporated towns in the state. Such funds shall be remitted to t he various county treasurers for HB1853 HFLR Page 17 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 allocation to the various cities and incorporated towns. All such funds shall be used for the construction, main tenance, repair, improvement and lighting o f streets and alleys. Provided, however, the governing board of an y city or town may, with the approval of the county excise board, transfer any surplus funds to the gener al revenue fund of such city or town when ever an emergency requ ires such a transfer. J. The following percentages of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the Oklahoma Law Enforce ment Retirement Fund: 1. From October 1, 2000, until June 30, 2001, one and twenty - two one-hundredths percent (1.22%); 2. For the year beginning July 1, 2001, and ending June 30, 2002, one and twenty-three one-hundredths percent (1.23%); and 3. For the year beginning July 1, 2002, and all subs equent years, one and twenty-four one-hundredths percent (1.24%). K. Three one-hundredths of one percent (3/1 00 of 1%) of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the Wildlife Conser vation Fund. Seventy-five percent (75%) of the funds shall be used for fish habitat restoration and twenty -five percent (25%) of the f unds shall be used in the fish hatchery system for fish production. HB1853 HFLR Page 18 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 L. 1. For the year beginning July 1, 2007, and endi ng June 30, 2008, five percent (5%) of moni es referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma St atutes. 2. For the year beginning July 1, 2008, and ending June 30, 2009, ten percent (10%) of monies referr ed to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of t he Oklahoma Statutes. 3. For the period beginning July 1, 2009, and ending December 31, 2012, fifteen percent (15%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer t o be credited to the County Improvements fo r Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 4. For the period beginning January 1, 2013, and ending June 30, 2013, fifteen and fifty one-hundredths percent (15.50%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fu nd as created in Section 507 of Title 69 of the Oklahoma Statutes. 5. For the year beginning Jul y 1, 2013, and ending June 30, 2014, eighteen percent (18%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to b e HB1853 HFLR Page 19 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 credited to the County Improvements for Roads and Brid ges Fund as created in Section 507 of Tit le 69 of the Oklahoma Statutes. 6. For the year beginning July 1, 2014, twenty percent (20%) of monies referred to in subsection A of this section shall be re mitted to the State Treasurer to be credited to the Coun ty Improvements for Roads and Bridges Fun d as created in Sectio n 507 of Title 69 of the Oklahoma Statutes. 7. For the year beginning July 1, 201 5, through the year ending on June 30, 2019, twenty per cent (20%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credite d to the County Impro vements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes, but in no event s hall the total amount apportioned in any fiscal year pursuant to this paragraph exceed One Hundre d Twenty Million Dollars ($120,000,000.00). Any amounts in excess of One Hundred Twenty Million Dollars ($120,000,000.00) shall be pla ced to the credit of the General Revenue Fund. 8. a. Except as provided in subpa ragraph b of this paragraph, for the year beginning July 1, 201 9, and all subsequent years, twenty percent (20%) of monies referred to in subsec tion A of this section shall be remitted to the State Tr easurer to be credited to the County Improvements for Ro ads and Bridges Fund as created in Section 507 of Title 69 of t he Oklahoma HB1853 HFLR Page 20 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 Statutes, but in no event shall the total amount apportioned in any f iscal year pursuant to this paragraph exceed the fiscal year limitations provided in subparagraph c of this para graph. Any amounts in excess of the fiscal year limitations pr ovided in subparagraph c of this paragraph shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes, b. (1) for the fiscal year beginning July 1, 2021, through the fiscal year ending Jun e 30, 2026, the Oklahoma Tax Commission shall remit twenty -five percent (25%) of the monthl y allocation, otherwise scheduled to be credited to the County Improvements for Roads and Bridges Fund, to the various counties of the state. The Commission shall distribute such funds monthly to each county treasurer as fo llows: (a) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the area of each county bears to the total a rea of the state, (b) one-third (1/3) of such funds shall be distributed to the various counties in the HB1853 HFLR Page 21 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 proportion which the certified county road miles of each county bear to the total sum of county road miles in t he state, and (c) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the total replacement c ost for obsolete or deficient bridges according to the most recent ODOT yearly Bridge Summary Report for County Brid ges for each county bears to the total am ount of such cost for all such county bridg es in the state, and (2) for the fiscal year beginning July 1, 2026, and all subsequent fiscal years thereafter, the Oklahoma Tax Commission shall remit twenty-five percent (25%) of the monthly allocation, otherwise scheduled to be credited to the County Improvements for Roads and Bridges Fund, to the various counties of the state. The Commission shall distribute such funds monthly to each county treasurer as follows: (a) one-third (1/3) of such funds shall be distributed to the various counties in the HB1853 HFLR Page 22 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 proportion which the area of each county bears to the total area of the state, (b) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the certified county road miles of each county bear to the total sum of county road miles in the state, and (c) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the number of county bridges in each county according to the ODOT 2020 Bridge Summary Report for County Bridges bears to the total sum of county bridges in the state accordin g to such report. Each county treasurer shall deposit such funds to the county’s county highway fund and such funds shal l be used for maintenance and operations. In no event shall the total amount apportioned in any fiscal year pursuant to the provisions of subparagraphs a and b of this paragraph exceed the fiscal yea r limitations provided in subparagraph c of this paragraph, and c. the total amount apportioned e ach fiscal year pursuant to this paragraph shall be limited as follows: HB1853 HFLR Page 23 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 (1) for fiscal years 2020 through 2022 $120,000,000.00, (2) for fiscal year 2023 $125,000,000.00, (3) for fiscal year 2024 $130,000,000.00, (4) for fiscal year 2025 $135,000,000.00, (5) for fiscal year 2026 $140,000,000.00, (6) for fiscal year 2027 $145,000,000.00, (7) for fiscal year 2028 and all subsequent fiscal years thereafter $150,000,000.00. M. Twenty-four and eighty-four one-hundredths percent (24.84%) of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be cr edited to the Rebuilding Oklahoma Access and Driver S afety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. N. Monies allocated to counties by this section may be estimated by the county excise boar d in the budget for the county as anticipated revenue to the extent of ninety percent (90%) of the previous year’s income from such source; provided, not more than fifteen percent (15%) can be encumbered during an y month. O. Notwithstanding any other prov isions of this section, for the fiscal year beginning July 1, 2003, the first One Hundred Thousand Dollars ($100,000.00) of the monies collected or received by the Tax Commission pursuant to the registration of mo torcycles HB1853 HFLR Page 24 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 and mopeds in this state shall be placed to the credit of the Oklahoma Tax Commission Revolving Fund . SECTION 3. AMENDATORY 47 O.S. 2021, Section 1141.1, as last amended by Secti on 13, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1), is amended to read as follows: Section 1141.1 A. Each licensed operator shall be entitled to retain the following amounts from the taxes and fees collected by such licensed operato r to be used to fund the operation of the office of such licensed operator subject to the provisions of Sections 1140 through 1147 of this title: 1. Beginning July 1, 2006, through June 30, 2023, Three Dollars and fifty-six cents ($3.56) for each vehicle registered pursuant to the Oklahoma Vehicle License and Registration Act; 2. Beginning on or after January 1, 2022 through June 30, 2023, if a special or personali zed license plate is iss ued pursuant to Sections 1135.1 through 1135.7 of this title and remittance is combined with the registration required pursuant to Section 1132 of this title, Seven Dollars and twelve cents ($7.1 2). Beginning July 1, 2023, through June 30, 2025, Three Dol lars and fifty-six cents ($3.56) for each special license plate issued pursuant to Sections 1135.1 through Section 1135.7 of this title ; HB1853 HFLR Page 25 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 3. One Dollar and twenty-five cents ($1.25) for each certificate of title issued for boats and motors pursuant to the Oklahoma Statutes; 4. For each certificate of registration issued for boats an d motors pursuant to the Oklahoma Statutes, an amount determined pursuant to the prov isions of subsection B of this section; 5. Two Dollars and twenty-five cents ($2.25) for ea ch certificate of title issued pursuant to the Oklahoma Vehicle License and Registration Act. Provided, the fee retention amount for certificates of title issued p ursuant to the provisions of subsection H of Section 1105 of this title, in which an insurer pays the optional twenty-two-dollar-fee amount, is Four Dollars and fifty cents ($4.50); 6. Beginning July 1, 2002 through June 30, 2023 , each licensed operator shall be entitled to retain three a nd twenty-five one- hundredths percent (3.25%) of the vehic le excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes; 7. Four percent (4%) of the excise tax collected on the transfer of boats and motors p ursuant to the Oklahoma Statutes through June 30, 2025; 8. Two Dollars ($2.00) fo r each driver license, endorsement, identification license, or renewal or dup licate issued pursuant to Section 6-101 et seq. of this title through June 30, 2023; HB1853 HFLR Page 26 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 9. Two Dollars ($2.00) for the recording of security interests as provided in Section 1110 of this title; 10. Two Dollars ($2.00) for each inspec tion conducted pursuant to subsection L of Section 1105 of this title; 11. Three Dollars ( $3.00) for each inspection con ducted pursuant to subsection M of Section 1105 of this title; 12. One Dollar ($1.00) for each certificate of ownership filed pursuant to subsection R of Sect ion 1105 of this title; 13. One Dollar ($1.00) for each temporary permit issued pursuant to Section 1124 of this title; 14. One Dollar and fifty cents ($1.50) for processing eac h proof of financial responsibility, driver license i nformation, insurance verification information, and other additional information as provided in Section 7-602 of this title; 15. The mailing fees and registration fees provided in Sections 1131 and 1140 of this title; 16. The notary fee provided in Secti on 1143 of this title; 17. Three Dollars ($3.00) for each lien entry form completed and recorded on a certificate of tit le pursuant to subsection G of Section 1105 of this title; 18. Seven Dollars ($7. 00) for each notice of transfer as provided by subsection B of Section 1107.4 of this title; HB1853 HFLR Page 27 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 19. Seven Dollars ($7.00) for each certificate of title or each certificate of registration issued for r epossessed vehicles pursuant to Section 1126 of this title ; 20. Any amount specifically authorized by law to b e retained by the licensed operator for the furnishing of a summary of a traffic record; 21. Beginning July 1, 2009 and through June 30, 2023 , each licensed operator shall also be entitled to a portion of the penalties for delinquent registration or paym ent of excise tax as provided for in subsection C of Section 1115, subsection F of Section 1132 and subsection C of Sectio n 1151 of this title and of subsection A of Section 2103 of Title 68 of the Oklaho ma Statutes; 22. Beginning January 1, 2023, each li censed operator shall be entitled to retain Three Dollars and fifty -six cents ($3.56) for each electric vehicle registered pursuant to the provisi ons of this act and such amount shall be in addition to an y other amount otherwise authorized by this section to be retained with respe ct to a vehicle though June 30, 2025; and 23. Beginning January 1, 2023 and through June 30, 2023, each licensed operator shall be entitled to retain three and twenty -five hundredths percent (3.25%) of the vehicle excise tax colle cted pursuant to Section 2103 of Title 68 of the Oklahoma Statutes for each electric vehicle but such amount shall not be in addition to HB1853 HFLR Page 28 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 any other amount otherwise authorized by this section to be retaine d with respect to a vehicle. The balance of the fund s collected shall be remi tted to Service Oklahoma as provided in Section 1142 of this title to be apportioned pursuant to Section 1104 of this tit le. B. Through June 30, 2025, each certificate of registr ation issued for boats and motors, each licensed operator shall be entitled to retain the greater of One Dollar and twenty -five cents ($1.25) or an amount to be determine d by Service Oklahoma accord ing to the provisions of this subsection. At the end of f iscal year 1997 and each fiscal year thereafter, Service Oklahoma shall c ompute the average amount of registration fees for all boats and motors registered in this state during the fiscal year and s hall multiply the result by six and twenty -two one-hundredths percent (6.22%). The resulting product shal l be the amount which may be retained by each licensed operator for each certificate of registra tion for boats and motors issued during the following calendar year. C. When an application for registration is made with Service Oklahoma, the Corporation Com mission or a licensed ope rator, a registration fee of One Dollar and seventy -five cents ($1.75) shall be collected for eac h license plate or decal iss ued. Such fees shall be in addition to the registration f ees on motor vehicles and when an application fo r registration is made to the licensed operator such licensed operator shall retain a fee as pro vided in HB1853 HFLR Page 29 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 Section 1141.1 of this title through June 30, 2023. Beginning July 1, 2023, the fee shall be retained by the licensed operator pursuant to subsection E of Section 1141.1 of th is title. When the fee is paid by a person making application directly with Service Oklahoma or the Corporation Commission, as applicable, the registration fees shall be in the same amount as provided for licensed operators and the fee provided by this section shall be deposited in the Service Oklahoma Revolving Fund or a s provided in Section 1167 of this title, as applicable. Service Oklahoma shall prepare schedules of registration fees and charges for titles, which shall inc lude the fees for licensed operators, and all fees and charges paid by a person shall be listed s eparately on the application and registration and totaled on the application and registration. The licensed operators shall charge only such fees as are speci fically provided for by law, and all such authorized fees shall be posted in such a manner that a ny person shall have notice of all fees tha t are imposed by law. D. Unless otherwise provided, beginning July 1, 2 025, the provisions related to the reimburse ment, retention, apportionment, or distribution of funds to or by licensed operators as outlined in this section shall be retained by the licensed operator pursuant to Subsection subsection E of this section. HB1853 HFLR Page 30 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 E. Beginning July 1, 2023, unless otherwise provided, lic ensed operators compensation shall be fixed by Service Oklahoma pursuant to Section 3-103 of this title. 1. For fiscal year beginning July 1, 2023, through the fiscal year ending on June 30, 2025: a. licensed operators shall be entitled to retain nineteen percent (19%) of all fees collected related to registrations provided by the Oklahoma Vehicle License and Registration Act , pursuant to subsection A of Section 1132 of this title, subsection A of Section 1132.1 of this title, subsection A of Section 1132. 4 of this title, and subsection H of 1140 of this title , and b. licensed operators shall be entit led to retain forty percent (40%) of all fe es collected related to the issuance of Class A, Class B, Class C, and Class D driver licenses, permits, and identif ication cards, including REAL ID Compliant and REAL ID Noncompliant credentials, pursuant to Sect ion 6-101 et seq. of this title, and c. licensed operators shall be entitled to retain Three Dollars and fifty-six cents ($3.56) for the annual renewal of each frac tank, construction machinery, HB1853 HFLR Page 31 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 rental trailer, commercial trailer or semitrailer registered pursuant to Section 1133 of this title. 2. All other fees directed by this section shall default back to the apportionment outlined in Section 1104 of this title. SECTION 4. AMENDATORY 63 O.S. 2021, Section 4021, as amended by Section 215, Chapter 282, O.S.L. 2022 (63 O.S. S upp. 2023, Section 4021), is amended to read as follows: Section 4021. A. The application required for the initial and subsequent registration of a vessel, or a motor shall be accompanied by payment of the following fees: 1. Where the manufacturer's factory delivered price, or in the absence of such price being published in a recognized publication for the use of marine dealers and/or for purposes of insurance and financing firms, where the provable original or new cost of all materials, is One Hundred Fifty Dollars ($150.00) or less, the registration and license fee for the first and for each succeeding year's registration shall be One Dollar ($1.00); 2. Where the manufacturer's factory delivered price, or in the absence of such price being published as provided in paragraph 1 of this section, where the value of such vessel or motor is determined and fixed as above required and, is in excess of One Hundred Fifty Dollars ($150.00), there shall be added to the fee of One Dollar ($1.00), the sum of One Dollar ($1.00) for each One Hundred Dollars ($100.00) or any fraction thereof, in excess of One Hundred Fifty HB1853 HFLR Page 32 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 Dollars ($150.00) provided such fee shall not exceed One Hundred Fifty Dollars ($150.00); 3. After the first year's registration in this state under the Oklahoma Vessel and Motor Registration Act of any new vessel or new motor under paragraph 2 of this subsection, the registration for the second year shall be ninety percent (90%) of the fee computed and assessed hereunder for the first year, and thereafter, such fee shall be computed and assessed at ninety percent (90%) of the previous year's fee and shall be so computed and assessed for the next nine (9) successive years provided such fee shall not exceed One Hundred Fifty Dollars ($150.00); 4. The initial and subsequent registration fee for any vessel which is a part of a fleet used for lodging and for which a rental fee and sales tax are collected shall be Forty Dollars ($40.00) in lieu of the fees required by paragraphs 1 through 3 of this subsection. For the purpose of this paragraph, "fleet" means twenty or more vessels operated by a business organization from a single anchorage. The fee provided for in this paragraph may be reduced annually to zero until the total reduction equals the difference between the sum of the fees paid pursuant to paragraphs 1 through 3 of this subsection for the two (2) registration years preceding January 1, 1990, and the fee provided for in this paragraph; 5. For any vessel or motor owned and numbered, registered or licensed prior to January 1, 1990, in this or any other state, or in HB1853 HFLR Page 33 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 the absence of such registration upon proof of the year, model and age of same, the registration fee shall be computed and assessed at the rate hereinabove provided for a new vessel or motor based on the value thereof determined as provided in this subsection, but reduced as though same had been registered for each prior year of its existence. Except as provided in paragraph 1 of this subsection, the registration fee for the eleventh year computed in accordance with the provisions of this subsection shall be the amount of the fee to be assessed for such eleventh year and shall be the minimum annual registration fee for such vessel or motor for any subsequent year; and 6. The initial and subsequent registration fee for any vessel or motor which is not being used in a trade or business or for any commercial purpose and is owned by: a. a nonresident member of the Armed Forces of the United States assigned to duty in this state in compliance with official military or naval orders, b. a resident member of the Armed Forces of the United States assigned to duty in this state in compliance with official military or naval orders, c. the spouse, who resides in Oklahoma, of a resident or nonresident member of the Armed Forces of the United States serving in a foreign country, or HB1853 HFLR Page 34 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 d. any Oklahoma resident who is stationed out of state due to an official assignment of the Arme d Forces of the United States, shall be the lesser of either a Fifteen Dollar ($15.00) registration fee or the fee computed and assessed for vessels or motors of similar age and model pursuant to this section. B. As used in this section, the term "manufacturer's factory delivered price" shall represent the recommended retail selling price and shall not mean the wholesale price to a dealer. C. Service Oklahoma shall assess the registration fees and penalties for the year or year s a vessel or motor was not registered as provided in the Oklahoma Vessel and Motor Registration Act. For vessels or motors not registered for two (2) or more years, the registration fees and penalties shall be due only for the current year and one (1) previous year. D. Upon each vessel or motor repossessed by a mortgagee, a fee of Forty-six Dollars ($46.00) shall be assessed. This fee shall be in lieu of any applicable vessel or motor excise tax and registration fees. Each Through June 30, 2025 , a licensed operator accepting applications for certificates of title for such vessel or motors shall receive Seven Dollars ($7.00) to be deducted from the license fee specified in this paragraph for each application accepted. Beginning July 1, 2025, these fees shall be retained by HB1853 HFLR Page 35 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 the licensed operator pursuant to subsection E of Section 1141.1 of Title 47 of the Oklahoma Statutes. E. All vessels or motors owned by the State of Oklahoma, its agencies or departments, or political subdivisions thereof, or which under the law would be exempt from direct ad valorem taxation, shall be registered pursuant to the provi sions of the Oklahoma Vessel and Motor Registration Act for an annual fee of Two Dollars and twenty- five cents ($2.25) irrespective of whether registered by a licensed operator or Service Oklahoma. F. All vessels and motors owned: 1. By the Boy Scouts of America, the Girl Scouts of U.S.A., and the Camp Fire USA, devoted exclusively to youth programs emphasizing physical fitness, character development and citizenship training; 2. By the Department of Public Safety; and 3. By organizations which are exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which are primarily devoted to the establishment, development, operation, promotion, and participation in, alone or in conjunction with others, educational and training programs and competitive events to provide knowledge, information, or comprehensive skills related to the sports of sailing, fishing, boating, and other aquatic-related activities; are hereby exempt from the payment of registration fees required by this section. Provided all of such vessels or motors shall be HB1853 HFLR Page 36 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 registered and shall otherwise comply with the provisions of the Oklahoma Vessel and Motor Registration Act. G. A credit shall be allowed with respect to the fee for registration of any new vessel or new motor, when such new vessel or motor is a replacement for: 1. A new original vessel or new original motor which is stolen from the purchaser/registrant within ninety (90) days of the date of purchase of the original vessel or new original motor as certified by a police report or other documentation as required by Service Oklahoma; or 2. A defective new original vessel or new original motor returned by the purchaser/registrant to the seller within six (6) months of the date of purchase of the defective new original vessel or new original motor as certified by the manufacturer. Such credit shall be in the amount of the fee for registration which was paid for the new original vessel or new original motor and shall be applied to the registration fee for the replacement vessel or motor. In no event will said credit be refunded. H. Upon proper proof of a lost certificate of registration being made to Service Oklahoma or one of its licensed operators, accompanied by an application therefor and payment of the fees required by the Oklahoma Vessel and Motor Registration Act, a duplicate certificate of registration shall be i ssued to the applicant. The charge for such duplicate certifi cate of HB1853 HFLR Page 37 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 registration shall be Two Dollars and twenty-five cents ($2.25), which charge shall be in addition to any other fees imposed by Section 4022 of this title for any such vessel or motor. I. In addition to any other fees levied by the Oklahoma Vessel and Motor Registration Act, there is levied and there shall be paid to Service Oklahoma, for each year a vessel or motor is registered, a fee of One Dollar ($1.00) for each v essel or motor for which a registration or license fee is req uired pursuant to the provisions of this section. The fee shall accrue and shall be collected upon each vessel or motor under the same circumstances and shall be payable in the same manner and t imes as apply to vessel and motor licenses and registrations under the provisions of the Oklahoma Vessel and Motor Registration Act; provided, the fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year. Monies collected pursuant to this subsection shall be apportioned by Service Oklahoma to the State Treasurer for deposit in the Trauma Care Assistance Revolving Fund created in Section 1- 2530.9 of this title. The collection and payment of the fee shall be a prerequisite to license or registrat ion of any vessel or motor. J. If a vessel or motor 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, HB1853 HFLR Page 38 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 transfer fees, and penalties an d interest; provided, subsequent to such donation, if the person, entity or party acting on another's behalf who donated the vessel or motor, purchases the same vessel or motor from the nonprofit charitable organization receiving the original donation, suc h person, entity or party acting on another's behalf shall be liable for all current and past due registration fees, excise tax, transfer fees, and penalties and interest on such vehicle. SECTION 5. AMENDATORY 68 O.S. 2021, Section 2103, as amended by Section 236, Chapte r 282, O.S.L. 2022 (68 O.S. Supp. 2023, Section 2103), is amended to read as follows: Section 2103. A. 1. Except as otherwise provided in Sections 2101 through 2108 of this title, there s hall be levied an excise tax upon the transfer of legal ow nership of any vehicle registered in this state and upon the use of any vehicle registered in this state and upon the use of any vehicle registered for the first time in this state. Except for persons that possess an agricultural exemption pursuant to Sec tion 1358.1 of this title, the excise tax shall be levied upon transfers of legal ownership of all-terrain vehicles and motorcycles used exclusively off roads and highways which occur on or after Ju ly 1, 2005, and upon transfers of legal ownership of utility vehicles used exclusively off roads and highways which occur on or after July 1, 2008. The excise tax for new and used all-terrain vehicles, utility vehicles and motorcycles HB1853 HFLR Page 39 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 used exclusively off roads and highways shall be levied at four and one-half percent (4 1/2%) of the actual sales price of each new and used all-terrain vehicle and motorcycle used exclusively off roads and highways before any discounts or credits are given for a trade- in. Provided, the minimum excise tax assessment for such all- terrain vehicles, utility vehicles and motorcycles used exclusively off roads and highways shall be Five Dollars ($5.00). The excise tax for new vehicles shall be levied at three and one-fourth percent (3 1/4%) of the value of each new vehicle. The excise tax for used vehicles shall be as follows: a. from October 1, 2000, until June 30, 2001, Twenty Dollars ($20.00) on the first One Thousand Dollars ($1,000.00) or less of value of such vehicle, and three and one-fourth percent (3 1/4%) of the remaining value of such vehicle, b. for the year beginning July 1, 2001, and ending June 30, 2002, Twenty Dollars ($20.00) on the first One Thousand Two Hundred Fifty Dollars ($1,250.00) or less of value of such vehicle, and three and one-fourth percent (3 1/4%) of the remaining value of such vehicle, and c. for the year beginning July 1, 2002, and all subsequent years, Twenty Dollars ($20.00) on the first One Thousand Five Hundred Dollars ($1,500.00) or less HB1853 HFLR Page 40 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 of value of such vehicle, and three and one-fourth percent (3 1/4%) of the remaining value of such vehicle. 2. There shall be levied an excise tax of Ten Dollars ($10.00) for any: a. truck or truck-tractor registered under the provisions of subsection A of Se ction 1133 of Title 47 of the Oklahoma Statutes, for a lad en weight or combined laden weight of fifty-five thousand (55,000) pounds or more, b. trailer or semitrailer registered under subsection C of Section 1133 of Title 47 of the Oklahoma Statutes, which is primarily designed to transport cargo over the highways of this state and generally recognized as such, and c. frac tank, as defined by Section 54 of Title 17 of the Oklahoma Statutes, and registered under subsection C of Section 1133 of Title 47 of th e Oklahoma Statutes. Except for frac tanks, the excise tax levied pursuant to this paragraph shall not apply to special mobilized machinery, trailers, or semitrailers manufactured, modified or remanufactured for the purpose of providing services other than transporting cargo over the highways of this state. The excise tax levied pursuant to this HB1853 HFLR Page 41 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 paragraph shall also not apply to pickup trucks, vans, or sport utility vehicles. 3. The tax levied pursuant to this section shall be due at the time of the transfer of legal ownership or first registration in this state of such vehicle; provided, the tax shall not be due at the time of the issuance of a certificate of title for an all- terrain vehicle, utility vehicle or motorcycle used exclusively off roads and highways which is not required to be registered but which the owner chooses to register pursuant to the provisions of subsection B of Section 1115.3 of Title 47 of the Oklahoma Statutes, and shall be collected by Service Oklahoma or the Corporation Commission, as applicable, or an appointed licensed operator, at the time of the issuance of a certificate of title for any such vehicle. In the event an excise tax is collected on the transfer of legal ownership or use of the vehicle during any calendar year, then an additional excise tax must be collected upon all subsequent transfers of legal ownership. In computing the motor vehicle excise tax, the amount collected shall be rounded to the nearest dollar. The excise tax levied by this section shall be delinquent from an d after the thirtieth day after the legal ownership or possession of any vehicle is obtained. Any person failing or refusing to pay the tax as herein provided on or before date of delinquency shall pay in addition to the tax a penalty of One Dollar ($1.00 ) per day for each day of delinquency, but such penalty shall in no event exceed the HB1853 HFLR Page 42 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 amount of the tax. Of each dollar penalty collected pursuant to this subsection: a. twenty-five cents ($0.25) fifty cents ($0.50) shall be apportioned as provided in Section 1104 of this tit le, and b. twenty-five cents ($0.25) shall be retained by the licensed operator, and c. fifty cents ($0.50) shall be deposited in the General Revenue Fund for the fiscal year beginning on July 1, 2011, and for all subsequent fiscal years, s hall be deposited in the State Highway Construction and Maintenance Fund. B. The excise tax levied in subsection A of this section and assessed on all commercial vehicles registered pursuant to Section 1120 of Title 47 of the Oklahoma Statutes and trailer s and semitrailers registered under subsection C of Section 1133 of Title 47 of the Oklahoma Statutes to transport cargo over the highways of this state shall be in lieu of all sales and use taxes levied pursuant to the Sales Tax Code or the Use Tax Code . The transfer of legal ownership of any motor vehicle as used in this section and the Sales Tax Code and the Use Tax Code shall include the lease, lease purchase or lease finance agreement involving any truck in excess of eight thousand (8,000) pounds comb ined laden weight or any truck- tractor provided the vehicle is registered in Oklahoma pursuant to HB1853 HFLR Page 43 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 Section 1120 of Title 47 of the Oklahoma Statutes or any frac tank, trailer, semitrailer or open commercial vehicle registered pursuant to Section 1133 of Tit le 47 of the Oklahoma Statutes. The excise tax levied pursuant to this section shall not be subsequently collected at the end of the lease period if the lessee acquires complete legal title of the vehicle. C. The provisions of this section shall not appl y to transfers made without consideration between: 1. Husband and wife; 2. Parent and child; or 3. An individual and an express trust which that individual or the spouse, child or parent of that individual has a right to revoke. D. 1. There shall be a credit allowed with respect to the excise tax paid for a new vehicle which is a replacement for: a. a new original vehicle which is stolen from the purchaser/registrant within ninety (90) days of the date of purchase of the original vehicle as certified by a police report or other documentation as required by Service Oklahoma, or b. a defective new original vehicle returned by the purchaser/registrant to the seller within six (6) months of the date of purchase of the defective new original vehicle as certified by the manufacturer. HB1853 HFLR Page 44 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 2. The credit allowed pursuant to paragraph 1 of this subsection shall be in the amount of the excise tax which was paid for the new original vehicle and shall be applied to the excise tax due on the replacemen t vehicle. In no event shall the credit be refunded. E. Despite any other definitions of the terms "new vehicle" and "used vehicle", to the contrary, contained in any other law, the term "new vehicle" as used in this section shall also include any vehicle of the latest manufactured model which is owned or acquired by a licensed used motor vehicle dealer which has not previously been registered in this state and upon which the motor vehicle excise tax as set forth in this section has not been paid. However, upon the sale or transfer by a licensed used motor vehicle dealer located in this state of any such vehicle which is the latest manufactured model, the vehicle shall be considered a used vehicle for purposes of determining excise tax. F. The provisions of this section shall not apply to state government entities. SECTION 6. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby HB1853 HFLR Page 45 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 declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. COMMITTEE REPORT BY: COMMITTEE O N APPROPRIATIONS AND BUDGET , dated 02/29/2024 - DO PASS, As Amended and Coauthored.