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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1547 By: Hall
AS INTRODUCED
An Act relating to vehicle registration; amending 47
O.S. 2021, Section 1133, which relates to the
registration of commercial vehicles; directing
Service Oklahoma to promulgate certain rules;
establishing due date for certain license fees; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1133, is
amended to read as follows:
Section 1133. A. The following license fees shall be paid
annually to the Oklahoma Tax Commission or Corporation Commission,
as applicable, upon the registration of the following vehicles:
Except as provided in this subsection, for each commercial
vehicle over eight thousand (8,000) pounds as defined i n Section
1102 of this title, the license fee shall be based on the combined
laden weight of the vehicle or combination of vehicles. The license
fees shall be computed and assessed at the following rates:
1. From 8,001 pounds to 15,000 pounds $ 95.00
2. From 15,001 pounds to 18,000 pounds 120.00
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3. From 18,001 pounds to 21,000 pounds 155.00
4. From 21,001 pounds to 24,000 pounds 190.00
5. From 24,001 pounds to 27,000 pounds 225.00
6. From 27,001 pounds to 30,000 pounds 260.00
7. From 30,001 pounds to 33,000 pounds 295.00
8. From 33,001 pounds to 36,000 pounds 325.00
9. From 36,001 pounds to 39,000 p ounds 350.00
10. From 39,001 pounds to 42,000 pou nds 375.00
11. From 42,001 pounds to 45,000 pounds 400.00
12. From 45,001 pounds to 48,000 pounds 425.00
13. From 48,001 pounds to 51,000 pounds 450.00
14. From 51,001 pounds to 54,000 pounds 475.00
15. From 54,001 pounds to 57,000 pound s 648.00
16. From 57,001 pounds to 60,000 pounds 681.00
17. From 60,001 pounds to 63,000 pounds 713.00
18. From 63,001 pounds to 66,000 pounds 746.00
19. From 66,001 pounds to 69,000 pounds 778.00
20. From 69,001 pounds to 72,000 pounds 817.00
21. From 72,001 poun ds to 73,280 pounds 857.00
22. From 73,281 pounds t o 74,000 pounds 870.00
23. From 74,001 pounds to 75,000 pounds 883.00
24. From 75,001 pounds to 76,000 pounds 896.00
25. From 76,001 pounds to 77,000 pounds 909.00
26. From 77,001 pounds to 78,000 pounds 922.00
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27. From 78,001 pounds to 79,000 pounds 935.00
28. From 79,001 pounds to 80,000 pounds 948.00
29. From 80,001 pounds to 81,000 pounds 961.00
30. From 81,001 pounds to 82,000 pounds 974.00
31. From 82,001 pounds to 83,000 pounds 987.00
32. From 83,001 pounds to 84,000 pounds 1000.00
33. From 84,001 pounds to 85,000 pounds 1013.00
34. From 85,001 pounds to 86,000 pounds 1026.00
35. From 86,001 pounds to 87,000 pounds 1039.00
36. From 87,001 pounds to 88,000 pounds 1052.00
37. From 88,001 pounds to 89,000 pounds 1065.00
38. From 89,001 pounds to 90,000 pounds 1078.00
For the purposes of this section, the license fee of a wrecker
or tow vehicle shall be based on the gross weight of the wrec ker or
tow vehicle alone without any inclusion of weight for a vehicle
towed by the wrecker or tow veh icle.
B. After the fifth year’s registration in this or any other
state, the license fee upon any truck registered on a basis of the
combined laden weight not in excess of fifteen thousand (15,000)
pounds shall be assessed at fifty percent (50%) of the fee computed
and assessed for each of the first fiv e (5) years. On the seventh
and all subsequent years of registration in this or any other state,
on such truck, such license fees shall be assessed and co mputed at
fifty percent (50%) of the amount due on the sixth year ’s
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registration. In no event shall such annual license fee on any
truck be less than Ten Dollars ($10.00) nor shall the annual license
fee of any truck-tractor be less than Nin ety-five Dollars ($95.00).
C. In addition to the fees required by subsection A of this
section, there shall be pai d a registration fee of Forty Dollars
($40.00) upon the first registration in this state after July 1,
1985, and upon the transfer of ownership of any frac tank, as
defined by Section 54 of Title 17 of the Oklahoma Statut es,
construction machinery, as defined by Section 1102 of this title,
rental trailer, commercial trailer , or semitrailer designed to be
pulled and usually pulled by a truck or t ruck-tractor.
Thereafter, a fee of Four Dollars ($4.00) shall be paid annually
for each frac tank, construction mac hinery, rental trailer,
commercial trailer, or semitrailer. The fee of Four Dollars ($4.00)
shall be due and payable on January 1 of each year on any fra c tank,
construction machinery, rental trailer, commercial trailer, or
semitrailer registered under this section.
Upon the payment of the registration fee of Forty Dollars
($40.00), a nonexpiring registration certificate and identification
plate shall be issued for each frac tank, construction machinery,
rental trailer, commercial trailer, or semitrailer. The nonexpiring
identification plate shall remain displayed on the frac tank,
construction machinery, r ental trailer, commercial trailer, or
semitrailer for which the identification plate is issued until such
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frac tank, construction machinery, trailer, or semitrailer is sold
or removed from service.
A receipt shall be issued upon the payment of the annual fee.
The receipt shall show the total fee paid for one or more frac
tanks, construction machinery units, rental trailers, commercial
trailers, or semitrailers. The receipt shall be retained by the
owner of any frac tank, construction machinery, rental tra iler,
commercial trailer, or semitrailer for a per iod of three (3) years
and shall be subject to audit by the Tax Commission or Corporation
Commission.
Any frac tank, construction machinery, commercial trailer , or
semitrailer licensed pursuant to this section shall not be permitted
to be operated on the highways of this state when such frac tank,
construction machinery, commercial trailer , or semitrailer is being
operated by a resident of this state, or is being operated by a
person operating a vehicle or v ehicles domiciled in this s tate and
required by law to be licensed in Oklahoma, unless the pulling truck
or truck-tractor has been licensed pursuant to this section or is
twenty-four thousand (24,000) pounds or less and operating under a
valid temporary license plate provided by Section 1137.1 or 1137 .3
of this title. In no event shall any truck, truck -tractor, frac
tank, construction mac hinery, trailer, or semit railer used in the
furtherance of any commercial enterprise be permitted to operate on
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the highways of this state or regis ter at a smaller licens e fee than
that prescribed in this section except as provided in this section .
D. For each fiscal year, notwithstanding the provisions of
Section 1104 of this title, the first Four Hundred Thousand Dollars
($400,000.00) of all monies collected pursuan t to subsections A, B,
and C of this section shall be paid by the Tax Commission to the
State Treasurer of the State of Oklahoma who shall deposit same each
fiscal year, or such lesser amount as may accrue each fiscal year,
under the provisions of this section to the credit of the General
Revenue Fund of the State Treasury. All monies collected in excess
of Four Hundred Thousand Dollars ($400,000.00) each fiscal year
shall be apportioned as provided in Section 1104 of this title.
E. If any vehicle is used for a purpose other than that for
which it has been registered, the owner of the vehicle shall be
required to immediately reregister the vehicle at the appropriate
rate. If any vehicle is placed or operated u pon any street, road,
or highway of this state wit h a laden weight in excess of that for
which it is licensed, the license fee fo r such increased laden
weight shall become due, and the owner of the vehicle shall be
required to immediately reregister the vehicle at the increased
rate. Provided, that, in either event there shall be credited upon
the increased license fee for such reregistration for any portion of
the year or period remaining after the change in use or increase in
laden weight shall have occu rred a proportionate p art of the license
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fees previously paid. If this reregistration is made voluntarily by
the owner, the ratable proportion of the credit allowed shall be
determined as of the date the reregistration is voluntarily made.
If the reregistration is not voluntarily made but occurs as a result
of the discovery by any enforcement officer of an improper operation
of the vehicle, that shall be considered prima facie evidence that
it has been improperly registered for the entire portion of the y ear
covered by the improper registration. Provide d further, that the
ratable credit shall be allowed only on the first reregistr ation of
any vehicle during any calendar year. If, during the calendar year,
subsequent changes of license plate are desired, the ratable credit
shall not be allowed but the ow ner of the vehicle shall be required
to pay the license fee due for that portion of the calendar year
remaining without benefit of any additional credits. No owner of a
motor vehicle shall possess at any t ime more than one licen se plate
for any vehicle owned by such person. No reregistration shall be
made until the current license plate previously issued has been
surrendered.
Any person who has paid a fee under the terms and provisions of
this subsection may at any time within one (1) year after the
payment of such fee file with the Tax Commission or Corporation
Commission a claim under oath for refund stating the gro unds
therefor. However, the Tax Commission or Corporation Commission
shall allow refunds o nly where the amount of tax paid has been
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erroneously computed or determined through clerical errors or
miscalculations. No refu nd shall be allowed by the Tax Commission
or Corporation Commission of a tax paid by the person where such
payment is made through a mistake as to the legal misinterpretation
or construction of the provisions of this section. Any refunds made
by the Tax Commission or Corporation Commission pursuant to this
subsection shall be made out of any monies collected pursuant to
this subsection and which have n ot been apportioned.
F. The annual license fee required by this section is intended
to cover only the mot or vehicle for which it is issued. The Tax
Commission or Corporation Commission upon application, when a
licensed truck-tractor has been destroyed by fire or accident, shall
credit the unused portion of the annual license fee of the vehicle
toward the license fee of a replacement vehicle of equal registered
weight. The amount of credit shall not exceed the license fee due
on the replacement vehicle. The Tax Commission or Corpo ration
Commission shall not be required to make a refund. If the
replacement vehicle is to be registered at a greater weight, the
applicant shall pay an additional sum equivalent to the difference
between the unused portion of the annual license fee for t he
original motor vehicle and the license fee due for the replacement
motor vehicle.
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G. The license fees provided for in this section shall be paid
each year whether or not the vehicle is operated on the p ublic
highway.
H. Notwithstanding the provision o f any other statute in
respect to the time for payment of license fees on motor vehicles,
if the total amount of the annual license fees due from any resident
owner, either individual, partnership, or Oklahoma corporation, upon
the registration, on or befo re January 15 of any year, of commercial
trucks, truck-tractors, frac tanks, construction machinery, trailers
or semitrailers exceeds the sum of One Thousand Dollars ($1,000.00),
the license fees may be pai d in equal semiannual i nstallments. The
first installment shall be paid at the time of the application for
registration of the v ehicles and not later than January 15 of each
year, and the second installment shall be paid on or before the
first day of July of such year.
This subsection shall not operate t o reduce the amount of the
license fees due. If any installment is not paid on or before the
date due, all unpaid installments of license fees for such year on
each vehicle shall be deemed delinquent and i mmediately due and
payable, and there shall be add ed a penalty of twenty-five cents
($0.25) per day to the balance of the license fee due on each
vehicle for each day the balance remains unpaid up to thirty (30)
days, after which the penalty due on each vehicle shall be Twenty -
five Dollars ($25.00). The penalty for vehicles registered by
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weight in excess of eight thousand (8,000) pounds shall be an amount
equal to the license fee. On and after the thirtieth day each such
vehicle involved shall be consider ed as improperly licens ed and as
not currently registered, and all of the provisions of the Oklahoma
Vehicle License and Registra tion Act relating to enforcement,
including the provisions for the seizure and sale of vehicles not
registered and not displaying current license plates, shall apply to
the vehicles.
All fees and taxes levied by the Oklahoma Vehicle License and
Registration Act shall become and remain a firs t lien upon the
vehicle upon which the fees or taxes are due until paid. The lien
shall have priority to all othe r liens. No title to any v ehicle may
be transferred until the unpaid balance on the vehicle has been paid
in full. Provided, that any unpaid balance of the license fees
shall remain and become a lien against any and all property of the
owner, both real and personal, for so long as any license tag fee
balance shall remain unpaid. Any unpaid balance under these
provisions shall be immediately du e and payable by the owner if any
vehicle is sold, wrecked, or otherwise retired from serv ice.
Any person electing to pay license fees on a semiannual
installment basis, as herein authorized, shall be required to
purchase a new license tag for the last half and shall pay the sum
of Four Dollars ($4.00) for each tag to cover the costs of the
license tags. The license tags for each half shall b e plainly
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marked in designating the half for which they were issued. A
validation sticker may be used in lieu of a metal tag where
appropriate. Such license tag fee shall be, in addition to the
license fees or any other fees, co llected on each applicatio n as
provided by statute and shall be apportioned according to the
provisions of Section 1104 of this title.
I. Any person pulling or towing any vehicle intended to be
resold, into or through this state, shall pay a fee of Three Dollars
($3.00) for the vehicle towing and Three Dollars ($3.00) for the one
being towed. It shall be unlawful to operate any series of such
units on the public highways of this state at a distance closer than
five hundred (500) fe et from each other. All fees and taxes levied
by the terms and provisions of this section shall become and remain
a first lien upon the vehicle upon which the fees or taxes are due
until paid. The lien shall be prior, superior, and paramount to all
other liens of whatsoever kind or character.
J. In addition to any other penalties prescribed by law, the
following penalty shall be imposed by enforcement officers upon any
owner or operator of a commercial vehicle registered under the
provisions of this sect ion when the laden weigh t or combined laden
weight of such vehicle is found to be in excess of that for which
registered. The penalty shall be imposed each and every time a
vehicle is found to be in violation of the registered laden weight
or combined laden weight.
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The penalty shall be not less than Twen ty Dollars ($20.00) when
such vehicle exceeds the laden weight or combined laden weight by
two thousand one (2,001) pounds; thereafter, an additional penalty
of not less than Twenty Dollars ($20.00) shall b e imposed for each
additional one thousand (1,000) pounds or fraction thereof of weight
in excess of the registered laden weight or combined laden weight.
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.
K. Service Oklahoma shall promulgate rules for the mass renewal
of commercial vehicle registration for businesses that possess at
least ten vehicles registered as commercial vehicles under the
provisions of this section, provided that such mass renewal shall
not be mandatory for such busine sses. For such mass renewal, the
annual license fees described in subsections A and B of this section
shall be due and payable on January 1 of each year on such
commercial vehicles.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2823 MSBB 1/3/2024 4:20:21 PM