Req. No. 2371 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) SENATE BILL 1209 By: Pederson AS INTRODUCED An Act relating to special license plates; ame nding 47 O.S. 2021, Section 1135.1, as last amended by Section 1, Chapter 392, O.S.L. 2022 (47 O.S. Supp 2023, Section 1135.1), which relates to the issuance of special license plates; disallowing the Honorary Consul License Plate ; updating statutory reference; and declaring an emergency . BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 1135.1, as last amended by Section 1, Chapter 392, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1135.1), is amended to read as follows: Section 1135.1. A. The Oklahoma Tax Commi ssion is hereby authorized to design and issue appropriate official special license plates to persons as provided by this section. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special licen se plate may then be used on another vehicle but only after such other vehicle has been registered for the current year. Req. No. 2371 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Except as provided in subsection B of this section, special license plates shall be renewed eac h year by the Tax Commission or a motor license agent. The Tax Commission shall annually notify by mail all persons issued special license plates. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license a gent or the Tax Commission. The license plates shall be issued on a staggered system. The motor license agent fees shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. On and after January 1, 2022, i f a special license plate is issued pursuant to this section, except for Legislative License Plates issued pursuant to paragraph 30 of subsection B of Section 1135.2 of this title, any registration fee required for such plate pursuant to this section and the fee required pursuant to Section 1132 of this title shall be remitted at the same time and subject to a single registration period. The Oklahoma Tax Commission shall determine, by rule, a method for making required fee and registration period adjustmen ts if a special license plate is obtained during a twelve-month period for which a registration fee has already been remitted pursuant to Section 1132 of this title. The combination of fees in a single remittance shall not alter the apportionment otherwis e provided for in this section. On and after January 1, 2022, if a physically disabled license plate is issued pursuant to paragraph 3 of subsection B of this Req. No. 2371 Page 3 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, any registration fee required for such plate pursuant to this section and the fee requir ed pursuant to Section 1132 of this title shall be remitted at the same time and subject to a single registration period. The Oklahoma Tax Commission shall determine, by rule, a method for making required fee and registration period adjustments when a physically disabled license plate i s obtained during a twelve-month period for which a registration fee has already been remitted pursuant to Section 1132 of this title. The combination of fees in a single remittance shall not alter the apportionment otherwi se provided for in this section. B. The special license plates provided by this section are as follows: 1. Political Subdivision Plates - such plates shall be designed for any vehicle owned by any political subdivision of this state having obtained a pro per Oklahoma certificate of title. Such political subdivisions shall file an annual report with the Tax Commission stating the agency where such vehicle is located. Such license plates shall be permanent in nature and designed in such a manner as to remain with the vehicle for the duratio n of the life span of the vehicle or until the title is transferred to an owner who is not a political subdivision. The registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fe es provided by law, except the registration fees levied by Section 1132 of this title; Req. No. 2371 Page 4 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. Tax-Exempt or Nonprofit License Plates - such plates shall be designed for: a. any motor bus, manufactured home, or mobile chapel and power unit owned and operated b y a religious corporation or society of this state holding a valid exemption from taxation issued pursuant to Se ction 501(a) of the Internal Revenue Code, 26 U.S.C., Section 501(a), and listed as an exempt organization in Section 501(c)(3) of the Internal Revenue Code, as amended, 26 U.S.C., Section 501(c)(3), and that is used by the corporation or society solely fo r the furtherance of its religious functions, b. any vehicle owned and operated only by nonprofit organizations devoted exclusively to youth pro grams including, but not limite d to, the Girl Scouts and Boy Scouts of America, c. any vehicle, except passenger automobiles, owned or operated by nonprofit organizations actually involved in programs for the employment of the handicapped and used exclusively in the transportation of g oods or materials for such organization, d. any vehicle owned and operated by a no nprofit organization that provides older persons transportation to and from medical, dental and Req. No. 2371 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 religious services and relief from business and social isolation, e. any vehicle owned and operat ed by a private nonprofit organization that: (1) warehouses and distributes surplus foods to other nonprofit agencies and organizations, and (2) holds a valid exemption from taxation issued pursuant to Section 501(c) of the Internal Revenue Code, as amen ded, 26 U.S.C., Section 501(c), and listed as an exempt organizat ion in Section 501(c)(3) of the Internal Revenue Code, as amended, and (3) uses such vehicle exclusively for the transportation of such surplus foods, f. any vehicle which: (1) is owned and operated by a private, nonprofit organization which is 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 is primarily fun ded by a fraternal or civic service organiza tion with at least one hundred local chapters or clubs, and (2) is designed and used to provide mobile health screening services to the general public at no Req. No. 2371 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cost to the recipient, and for which no reimbursement of any kind is received from any health insurance provider, health maintenance organization or governmental progr am, or g. any vehicle owned and operated by the Civil Air Patrol, a congressionally chartered corporation that also serves an auxiliary of the U nited States Air Force and which is 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 is used exclusively for its corporate missions of aerospace education, cadet programs a nd emergency services. Such license plate s shall be permanent in nature and designed in such a manner as to rem ain with the vehicle for the duration of the life span of the vehicle or until the title to such vehicle is transferred to an owner who is not s ubject to this exemption. Such vehicles s hall be exempt from the registration fees levied under Section 1132 of this title, except that an initial registration fee of Twenty-five Dollars ($25.00) shall apply to each vehicle. Any person claiming to be elig ible for a tax-exempt or nonprofit license plate under the provisions of this paragraph must have the Req. No. 2371 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 name of the tax-exempt or nonprofit organization prominently displayed upon the outside of the vehicle, except those vehicles registered pursuant to the p rovisions of subpara graph b of this paragraph, unless such display is prohibited by federal or state law or by state agency rules. No vehicle shall be licensed as a tax- exempt or nonprofit vehicle unless the vehicle has affixed on each side thereof, in letters not less than two (2) inches high a nd two (2) inches wide, the name of the tax-exempt or nonprofit organization or the insignia or other symbol of such organization which shall be of sufficient size, shape and color as to be readily legible during daylight hours from a distance of fifty (50 ) feet while the vehicle is not in motion. Except as provided in subpar agraph g of this paragraph, the registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees provided by law, except the registration fees le vied by Section 1132 of this title; 3. Physically Disabled License Plat es - such plates shall be designed for persons who are eligible for a physically disabled placard under the provisions of Section 15-112 of this title. It shall prominently display t he international accessibility symbol, which is a stylized human figure i n a wheelchair. The Tax Commission shall also design physically disabled license plates for motorcycles owned by persons who are eligible for a physically disabled placard pursuant t o the provisions of Section 15-112 of Req. No. 2371 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this title. Upon the death of the physically disabled person, the disabled license plate shall be returned to the Tax Commission. There shall be no fee for such plate in additio n to the rate provided by the Oklahoma Vehicle License and Registration Act for the registration of the vehicle. For an additional fee of Ten Dollars ($10.00), a person eligible for a physically disabled license plate shall have the option of purchasing a duplicate physically disabled special license plate which shall be securely attached to the front of the vehicl e. The original physically disabled special license plate shall be securely attached to the rear of the vehicle at all times. Any person who is eligible for a physically disabled li cense plate and whose vehicle has had modifications because of the physical disability of the owner or of a family member within the second degree of consanguinity of the owner, may register the vehicle for a flat fee of Twenty-five Dollars ($25.00). This fee shall be in lieu of all other registration fees provided by the Oklahoma Vehicle License and Registration Act; 4. Indian Tribal License Plates - such plates shall be designed for any vehicle of a native Native American Indian Tribal Association exempted in Sections 201 through 204 of Public Law 97- 473 and used by the tribal assoc iation exclusively for the furtherance of its tribal functions. Req. No. 2371 Page 9 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 registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other regis tration fees provided by law, except the registration fees levied by Section 1132 of this title; 5. Hearing Impaired License Plates - such plates shall be designed for persons who are hearing impaired. Such persons may apply for a hearing-impaired license plate for each veh icle with a rated carrying capacity of one (1) ton or less upon the presentme nt of an application on a form furnished by the Tax Commission and certified by a physician holding a valid license to practice pursuant to the licensing prov isions of Title 59 of the Oklahoma Statutes, attesting that the person is hearing impaired. The license plate shall be designed so that such persons may be readily identified as being hearing impaired. There shall be no additional fee for the plate, but all other registratio n fees provided by the Oklahoma Vehicle License and Registration Act shall ap ply; and 6. Antique or Classic Vehicles License Plates – such plates shall be designed and issued for any vehicle twenty-five (25) years of age or older, based upon the date of manu facture thereof and which travels on the highways of this state primarily inci dental to historical or exhibition purposes only. The registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fee s provided by law, ex cept the registration fees levied by Section 1132 of this title. Any person registering an antique or classic vehicle may elect to have Req. No. 2371 Page 10 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 vehicle registered for a ten-year period. The registration fee for the elected ten-year registration shall be Seve nty-five Dollars ($75.00). The motor license agent registering the antique or classic vehicle for a ten-year period shall receive one hundred percent (100%) of the fees the motor license agent would have otherwise received pursuant to subsection A of Sect ion 1141.1 of this title if the antique or classic vehicle had been registered on an annual basis; and 7. Honorary Consul License Plates – such plates shall be designed to include the words “Honorary Consul” and issued to persons who are honorary consuls authorized by the United States to perform consular duties. Persons applying f or such license plates must show proof of standing as an honorary consul. The fee for such plate shall be Eight Dollars ($8.00) and shall be in addition t o all other registration fees required by the Oklahoma Vehicle License and Registration Act. The own er of the vehicle that possesses such license plates shall return the special license plates to the Oklahoma Tax Commission if the owner disposes of the ve hicle during the registration year or ceases to be authoriz ed to perform consular duties. C. Special license plates provided by this section shall be designed in such a manner as to identify the use or ownership of the vehicle. Use of any vehicle posses sing a special licens e plate provided by this section for any purpose not specified herein shall Req. No. 2371 Page 11 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 grounds for revocation of the special license plate and registration certificate. D. The fees provided by this section shall be deposi ted in the Oklahoma Tax Commission Reimbu rsement Fund. SECTION 2. It being immediately necessa ry for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 59-2-2371 MSBB 11/30/2023 11:26:35 AM