Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB1547 Enrolled / Bill

Filed 04/24/2024

                     
 
 
An Act 
ENROLLED SENATE 
BILL NO. 1547 	By: Hall of the Senate 
 
  and 
 
  Kerbs and Provenzano of the 
House 
 
 
 
 
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 . 
 
 
 
 
SUBJECT:  Commercial motor vehicle registration 
 
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 follow ing vehicles: 
 
Except as provided in this subsection, for each commercial 
vehicle over eight thousand (8,000) pounds as defined in Section 
1102 of this title, the license fee shall be based on the combined 
laden weight of the vehicle or combination of vehi cles.  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 
   
 
ENR. S. B. NO. 1547 	Page 2 
3.  From 18,001 pounds to 21,000 pounds 155.00 
 
4.  From 21,001 pounds to 24,00 0 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 pounds 350.00 
 
10.  From 39,001 pounds to 42,000 pounds 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 pounds 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 poun ds to 72,000 pounds 817.00 
 
21.  From 72,001 pounds to 73,280 pounds 857.00 
 
22.  From 73,281 pounds to 74,000 pounds 870.00 
 
23.  From 74,001 pounds to 75,000 pounds 883.00 
   
 
ENR. S. B. NO. 1547 	Page 3 
24.  From 75,001 pounds to 76,000 pounds 896.00 
 
25.  From 76,001 pounds to 77,00 0 pounds 909.00 
 
26.  From 77,001 pounds to 78,000 pounds 922.00 
 
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 w eight of the wrecker or 
tow vehicle alone without any inclusion of weight for a vehicle 
towed by the wrecker or tow vehicle. 
 
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 five (5) years.  On the seventh 
and all subsequent years of registration in this or any ot her state, 
on such truck, such license fees shall be assessed and computed at   
 
ENR. S. B. NO. 1547 	Page 4 
fifty percent (50%) of the amount due on the sixth year ’s 
registration.  In no event shall such annual license fee on any 
truck be less than Ten Dollars ($10.00) nor shall the an nual license 
fee of any truck-tractor be less than Ninety -five Dollars ($95.00). 
 
C.  In addition to the fees required by subsection A of this 
section, there shall be paid a registration fee of Forty Dollars 
($40.00) upon the first registration in this sta te 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 Statutes, 
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 truck -tractor. 
 
Thereafter, a fee of Four Dollars ($4.00) shall be paid annually 
for each frac tank, construction machinery, 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 frac 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, rental trailer, commercial trailer, or 
semitrailer for which the identification plate is issued until such 
frac tank, construction machinery, trailer , or semitrailer is sold 
or removed from service. 
 
A receipt shall be issued upon the p ayment 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 trailer, 
commercial trailer, or semitrailer for a period 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   
 
ENR. S. B. NO. 1547 	Page 5 
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 vehicles domiciled in this state 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 und er 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 machinery, trailer, or semitrailer used in the 
furtherance of any commercial enterprise be permitted to operate on 
the highways of this state or register at a smaller license 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 pursuant 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 a mount 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 vehicl e is placed or operated upon any street, road, 
or highway of this state with a laden weight in excess of that for 
which it is licensed, the license fee for 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 occurred a proportionate part of the license 
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 voluntar ily made.  
If the reregistration is not voluntarily made but occurs as a result 
of the discovery by any enforcement officer of an improper operation   
 
ENR. S. B. NO. 1547 	Page 6 
of the vehicle, that shall be considered prima facie evidence that 
it has been improperly registered for th e entire portion of the year 
covered by the improper registration.  Provided further , that the 
ratable credit shall be allowed only on the first reregistration of 
any vehicle during any calendar year.  If, during the calendar year, 
subsequent changes of li cense plate are desired, the ratable credit 
shall not be allowed but the owner 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 time more than one license 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 provi sions 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 grounds 
therefor.  However, the Tax Commission or Corporation Commis sion 
shall allow refunds only where the amount of tax paid has been 
erroneously computed or determined through clerical errors or 
miscalculations.  No refund 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 colle cted pursuant to 
this subsection and which have not been apportioned. 
 
F.  The annual license fee required by this section is intended 
to cover only the motor vehicle for which it is issued.  The Tax 
Commission or Corporation Commission upon application, w hen 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 Corporation 
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 the   
 
ENR. S. B. NO. 1547 	Page 7 
original motor vehicle and the license fee due for the replacement 
motor vehicle. 
 
G.  The license fees provided for in this section shall be paid 
each year whether or not the vehicle is operated on the public 
highway. 
 
H.  Notwithstanding the provision of 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 before 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 paid in equal semiannual installments.  The 
first installment shall be paid at the time of the application for 
registration of the vehicles 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 to 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 immediately due and 
payable, and there shall be added 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 
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 considered as improperly licensed and as 
not currently registered, and all of the provisions of the Oklahoma 
Vehicle License and Registration Act relating to enforcement, 
including the provisions for the seizure and sale of vehicles n ot 
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 first lien upon the 
vehicle upon which the fees or taxes are due until paid.  The lien 
shall have priority to all other liens.  No title to any vehicle may   
 
ENR. S. B. NO. 1547 	Page 8 
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 due and payable by the owner if any 
vehicle is sold, wrecked, or otherwise retired from service. 
 
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 t ag to cover the costs of the 
license tags.  The license tags for each half shall be plainly 
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 b e, in addition to the 
license fees or any other fees, collected on each application 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) feet 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, sup erior, 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 section when the laden weight 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 regis tered laden weight 
or combined laden weight. 
 
The penalty shall be not less than Twenty Dollars ($20.00) when 
such vehicle exceeds the laden weight or combined laden weight by   
 
ENR. S. B. NO. 1547 	Page 9 
two thousand one (2,001) pounds; thereafter, an additional penalty 
of not less than Twenty Dollars ($20.00) shall be 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 businesses . 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. 
   
 
ENR. S. B. NO. 1547 	Page 10 
Passed the Senate the 11th day of March, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 23rd day of April, 2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _______ __ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of _________________ _, 20 _______, at _______ o'clock _______ M. 
By: _________________________________