Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1547 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+2nd Session of the 59th Legislature (2024)
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35+ENGROSSED SENATE
636 BILL NO. 1547 By: Hall of the Senate
737
838 and
939
10- Kerbs and Provenzano of the
11-House
40+ Kerbs of the House
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1645 An Act relating to vehicle registration; amending 47
1746 O.S. 2021, Section 1133, which relates to the
1847 registration of commercial vehicles; directing
1948 Service Oklahoma to pr omulgate certain rules;
2049 establishing due date for certain license fees; and
2150 providing an effective date .
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26-SUBJECT: Commercial motor vehicle registration
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2855 BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
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3056 SECTION 1. AMENDATORY 47 O.S. 2021, Section 1133, is
3157 amended to read as follows:
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3358 Section 1133. A. The following license fees shall be paid
3459 annually to the Oklahoma Tax Commission or Corporation Commission,
3560 as applicable, upon the registration of the following vehicles:
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3761 Except as provided in this subsection, for each com mercial
3862 vehicle over eight thousand (8,000) pounds as defined in Section
3963 1102 of this title, the license fee shall be based on the combined
4064 laden weight of the vehicle or combination of vehicles. The license
4165 fees shall be computed and assessed at the foll owing rates:
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4393 1. From 8,001 pounds to 15,000 pounds $ 95.00
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4594 2. From 15,001 pounds to 18,000 pounds 120.00
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4995 3. From 18,001 pounds to 21,000 pounds 155.00
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5196 4. From 21,001 pounds to 24,000 pounds 190.00
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5397 5. From 24,001 pounds to 27,000 pounds 225.00
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5598 6. From 27,001 pounds to 30,000 pounds 260.00
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5799 7. From 30,001 pounds to 33,000 pounds 295.00
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59100 8. From 33,001 pounds to 36,000 pounds 325.00
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61101 9. From 36,001 pounds to 39,000 pounds 350.00
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63102 10. From 39,001 pounds to 42,000 pounds 375.00
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65103 11. From 42,001 pounds to 45,000 pounds 400.00
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67104 12. From 45,001 pounds to 48,000 pounds 425.00
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69105 13. From 48,001 pounds to 51,000 pounds 450.00
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71106 14. From 51,001 pounds to 54,000 pounds 475.00
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73107 15. From 54,001 pounds to 57,000 pounds 648.00
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75108 16. From 57,001 pounds to 60,000 pounds 681.00
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77109 17. From 60,001 pounds to 63,000 pounds 713.00
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79110 18. From 63,001 pounds to 66,000 pounds 746.00
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81111 19. From 66,001 pounds to 69,000 pounds 778.00
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83112 20. From 69,001 pounds to 72,000 pounds 817.00
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85113 21. From 72,001 pounds to 73,280 pounds 857.00
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87114 22. From 73,281 pounds to 74,000 pounds 870.00
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89115 23. From 74,001 pounds to 75,000 pounds 883.00
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93116 24. From 75,001 pounds to 76,000 pounds 896.00
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95144 25. From 76,001 pounds to 77,000 pounds 909.00
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97145 26. From 77,001 pounds to 78,000 pounds 922.00
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99146 27. From 78,001 pounds to 79,000 pounds 935.00
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101147 28. From 79,001 pounds to 80,000 pounds 948.00
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103148 29. From 80,001 pounds to 81,000 p ounds 961.00
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105149 30. From 81,001 pounds to 82,000 pounds 974.00
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107150 31. From 82,001 pounds to 83,000 pounds 987.00
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109151 32. From 83,001 pounds to 84,000 pounds 1000.00
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111152 33. From 84,001 pounds to 85,000 pounds 1013.00
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113153 34. From 85,001 pounds to 86,000 pounds 1026.00
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115154 35. From 86,001 pounds to 87,000 pounds 1039.00
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117155 36. From 87,001 pounds to 88,000 pounds 1052.00
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119156 37. From 88,001 pounds to 89,000 pounds 1065.00
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121157 38. From 89,001 pounds to 90,000 pounds 1078.00
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123158 For the purposes of this section, the license fee of a wreck er
124159 or tow vehicle shall be based on the gross w eight of the wrecker or
125160 tow vehicle alone without any inclusion of weight for a vehicle
126161 towed by the wrecker or tow vehicle.
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128162 B. After the fifth year ’s registration in this or any other
129163 state, the license fee upon any truck registered on a basis of the
130164 combined laden weight not in excess of fifteen thousand (15,000)
131165 pounds shall be assessed at fifty percent ( 50%) of the fee computed
132166 and assessed for each of the first five (5) years. On the seventh
133167 and all subsequent years of registration in this or any oth er state,
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134195 on such truck, such license fees shall be assessed and computed at
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137196 fifty percent (50%) of the a mount due on the sixth year ’s
138197 registration. In no event shall such annual license fee on any
139198 truck be less than Ten Dollars ($10.00) nor shall the ann ual license
140199 fee of any truck-tractor be less than Ninety -five Dollars ($95.00).
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142200 C. In addition to the fe es required by subsection A of this
143201 section, there shall be paid a registration fee of Forty Dollars
144202 ($40.00) upon the first registration in this state after July 1,
145203 1985, and upon the transfer of ownership of any frac tank, as
146204 defined by Section 54 of Tit le 17 of the Oklahoma Statutes,
147205 construction machinery, as defined by Section 1102 of this title,
148206 rental trailer, commercial trailer , or semitrailer designed to be
149207 pulled and usually pulled by a truck or truck -tractor.
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151208 Thereafter, a fee of Four Dollars ($4 .00) shall be paid annually
152209 for each frac tank, construction machinery, rental trailer,
153210 commercial trailer, or semitrailer. The fee of Four Dollars ($ 4.00)
154211 shall be due and payable on January 1 of each year on any frac tank,
155212 construction machinery, rental trailer, commercial trailer, or
156213 semitrailer registered under this section.
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158214 Upon the payment of the registration fee of Forty Dollars
159215 ($40.00), a nonexpiring registration certificate and identification
160216 plate shall be issued for each frac tank, construction machinery,
161217 rental trailer, commercial trailer, or semitrailer. The nonexpiring
162218 identification plate sh all remain displayed on the frac tank,
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163246 construction machinery, rental trailer, commercial trailer, or
164247 semitrailer for which the identification plate is issued until such
165248 frac tank, construction machinery, trailer , or semitrailer is sold
166249 or removed from service.
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168250 A receipt shall be issued upon the paymen t of the annual fee.
169251 The receipt shall show the total fee paid for one or more frac
170252 tanks, construction machinery units, rental trailers, commercial
171253 trailers, or semitrailers. The receipt shall be retained b y the
172254 owner of any frac tank, construction mach inery, rental trailer,
173255 commercial trailer, or semitrailer for a period of three (3) years
174256 and shall be subject to audit by the Tax Commission or Corporation
175257 Commission.
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177258 Any frac tank, construction machinery, commercial trailer , or
178259 semitrailer licensed purs uant to this section shall not be permitted
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181260 to be operated on the highways of this state when such frac t ank,
182261 construction machinery, commercial trailer , or semitrailer is being
183262 operated by a resident of this state, or is being operated by a
184263 person operating a vehicle or vehicles domiciled in this state and
185264 required by law to be licensed in Oklahoma, unless t he pulling truck
186265 or truck-tractor has been licensed pursuant to this section or is
187266 twenty-four thousand (24,000) pounds or less and operating under a
188267 valid temporary license plate provided by Section 1137.1 or 1137.3
189268 of this title. In no event shall any t ruck, truck-tractor, frac
190269 tank, construction machinery, trailer, or semitrailer used in the
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191297 furtherance of any commercial enterprise be permitted to op erate on
192298 the highways of this state or register at a smaller license fee than
193299 that prescribed in this sec tion except as provided in this section.
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195300 D. For each fiscal year, notwithstanding the provisions of
196301 Section 1104 of this title, the first Four Hundred Thousand Dollars
197302 ($400,000.00) of all monies collected pursuant to subsections A, B ,
198303 and C of this section shall be paid by the Tax Commission to the
199304 State Treasurer of the State of Oklahoma who shall deposit same each
200305 fiscal year, or such lesser amount a s may accrue each fiscal year,
201306 under the provisions of this section to the credit of the General
202307 Revenue Fund of the State Treasury. All monies collected in excess
203308 of Four Hundred Thousand Dollars ($400,000.00) each fiscal year
204309 shall be apportioned as pro vided in Section 1104 of this title.
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206310 E. If any vehicle is used for a purpose other than that for
207311 which it has been registered, the owner of the vehicle shall be
208312 required to immediately reregister the vehicle at the appropriate
209313 rate. If any vehicle is pla ced or operated upon any street, road,
210314 or highway of this state with a laden weight in excess of that for
211315 which it is licensed, the license fee for such increased laden
212316 weight shall become due, and the owner of the vehicle shall be
213317 required to immediately reregister the vehicle at the increased
214318 rate. Provided, that, in either event there shall be credited up on
215319 the increased license fee for such reregistration for any portion of
216320 the year or period remaining aft er the change in use or increase in
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217348 laden weight shall have occurred a proportionate part of the license
218349 fees previously paid. If this reregistration i s made voluntarily by
219350 the owner, the ratable proportion of the credit allowed shall be
220351 determined as of the date the reregistration is voluntarily made .
221352 If the reregistration is not voluntarily made but occurs as a result
222353 of the discovery by any enforceme nt officer of an improper operation
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225354 of the vehicle, that shall be considered prima facie evidence that
226355 it has been improperly registered for the entire portion of the year
227356 covered by the improper registration. Provided further , that the
228357 ratable credit shall be allowed only on the first reregistration of
229358 any vehicle during any calendar year. If, during the calendar year,
230359 subsequent changes of license pl ate are desired, the ratable credit
231360 shall not be allowed but the owner of the vehicle shall be required
232361 to pay the license fee due for that portion of the calendar year
233362 remaining without benefit of any additio nal credits. No owner of a
234363 motor vehicle shall possess at any time more than one license plate
235364 for any vehicle owned by such person. No reregistration shall be
236365 made until the current license plate previously issued has been
237366 surrendered.
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239367 Any person who has paid a fee under the terms and provisions of
240368 this subsection may at any time within one (1) year after the
241369 payment of such fee file with the Tax Commi ssion or Corporation
242370 Commission a claim under oath for refund stating the grounds
243371 therefor. However, th e Tax Commission or Corporation Commission
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244399 shall allow refunds only where the amount of tax paid has been
245400 erroneously computed or determined through cle rical errors or
246401 miscalculations. No refund shall be allowed by the Tax Commission
247402 or Corporation Commission of a tax paid by the person where such
248403 payment is made through a mistake as to the legal misinterpretation
249404 or construction of the provisions of thi s section. Any refunds made
250405 by the Tax Commission or Corporation Commission pursuant to this
251406 subsection shall be made out of any monies collected purs uant to
252407 this subsection and which have not been apportioned.
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254408 F. The annual license fee required by this section is intended
255409 to cover only the motor vehicle for which it is issued. The Tax
256410 Commission or Corporation Commission upon application, when a
257411 licensed truck-tractor has been destroyed by fire or accident, shall
258412 credit the unused portion of the annual license fee of the vehicle
259413 toward the license fee of a replacement vehicle of equal registered
260414 weight. The amount of credit shall not exceed the licen se fee due
261415 on the replacement vehicle. The Tax Commission or Corporation
262416 Commission shall not be require d to make a refund. If the
263417 replacement vehicle is to be registered at a greater weight, the
264418 applicant shall pay an additional sum equivalent to the di fference
265419 between the unused portion of the annual license fee for the
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268420 original motor vehicle and the lice nse fee due for the replacement
269421 motor vehicle.
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271449 G. The license fees provided for in this section shall b e paid
272450 each year whether or not the vehicle is operated on the public
273451 highway.
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275452 H. Notwithstanding the provision of any other statute in
276453 respect to the time for payment of license fees on motor vehicles,
277454 if the total amount of the annual license fees due from any resident
278455 owner, either individual, part nership, or Oklahoma corporation, upon
279456 the registration, on or before January 15 of any year, of commerci al
280457 trucks, truck-tractors, frac tanks, construction machinery, trailers
281458 or semitrailers exceeds the sum of One Thousand Dollars ($1,000.00),
282459 the license fees may be paid in equal semiannual installments. The
283460 first installment shall be paid at the time of the application for
284461 registration of the vehicles and not later than January 15 of each
285462 year, and the second installment shall be paid on or before the
286463 first day of July of such year.
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288464 This subsection shall not operate to reduce the amount of the
289465 license fees due. If any installment is not paid on or before the
290466 date due, all unpaid installments of license fee s for such year on
291467 each vehicle shall be deemed delinquent and immediately due and
292468 payable, and there shall be added a penalty of twenty -five cents
293469 ($0.25) per day to the balance of the license fee due on each
294470 vehicle for each day the balance remains unpaid up to thirty (30)
295471 days, after which the penal ty due on each vehicle shall be Twenty -
296472 five Dollars ($25.00). The penalty for vehicles registered by
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297500 weight in excess of eight thousand (8,000) pounds shall be an amount
298501 equal to the license fee. On and afte r the thirtieth day each such
299502 vehicle involved shall be considered as improperly licensed and as
300503 not currently registered, and all of the provisions of the Oklahoma
301504 Vehicle License and Registration Act relating to enforcement,
302505 including the provisions for the seizure and sale of vehicles not
303506 registered and not displaying current license plates, shall apply to
304507 the vehicles.
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306508 All fees and taxes levied by the Oklahoma Vehicle License and
307509 Registration Act shall become and remain a first lien upon the
308510 vehicle upon which the fees or taxes are due until paid. The lien
309511 shall have priority to all other liens. No title to any vehicle may
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312512 be transferred until the un paid balance on the vehicle has been paid
313513 in full. Provided, that any unpaid balance of the license fees
314514 shall remain and become a lien against any an d all property of the
315515 owner, both real and personal, for so long as any license tag fee
316516 balance shall remain unpaid. Any unpaid balance under these
317517 provisions shall be immediately due and payable by the owner if any
318518 vehicle is sold, wrecked, or otherwise retired from service.
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320519 Any person electing to pay license fees on a semiannual
321520 installment basis, as herei n authorized, shall be required to
322521 purchase a new license tag for the last half and shall pay the sum
323522 of Four Dollars ($4.00) for each tag to cover the costs of the
324523 license tags. The license tags for each half shall be plainly
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325551 marked in designating the ha lf for which they were issued. A
326552 validation sticker may be used in lieu of a metal tag where
327553 appropriate. Such license tag fee shall be, in addition to the
328554 license fees or any other fees, collected on each application as
329555 provided by statute and shall be apportioned according to the
330556 provisions of Section 1104 of this title.
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332557 I. Any person pulling or towing any vehicle intended to be
333558 resold, into or thro ugh this state, shall pay a fee of Three Dollars
334559 ($3.00) for the vehicle towing and Three Dollars ($3.00) for the one
335560 being towed. It shall be unlawful to operate any series of such
336561 units on the public highwa ys of this state at a distance closer than
337562 five hundred (500) feet from each other. All fees and taxes levied
338563 by the terms and provisions of this secti on shall become and remain
339564 a first lien upon the vehicle upon which the fees or taxes are due
340565 until paid. The lien shall be prior, superior, and param ount to all
341566 other liens of whatsoever kind or character.
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343567 J. In addition to any other penalties prescribe d by law, the
344568 following penalty shall be imposed by enforcement officers upon any
345569 owner or operator of a commercial vehicle registered under the
346570 provisions of this section when the laden weight or combined laden
347571 weight of such vehicle is found to be in exc ess of that for which
348572 registered. The penalty shall be imposed each and every time a
349573 vehicle is found to be in violation of the registered laden weigh t
350574 or combined laden weight.
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352602 The penalty shall be not less than Twenty Dollars ($20.00) when
353603 such vehicle exceeds the laden weight or combined laden weight by
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356604 two thousand one (2,001) pounds; thereafter, an add itional penalty
357605 of not less than Twenty Dollars ($20.00) shall be imposed for each
358606 additional one thousand (1,000) pounds or fraction thereof of weight
359607 in excess of the registered laden weight or combined laden weight.
360608 Such penalty shall not exceed the amount established by the
361609 Corporation Commission pursuant to the provisions of subsection A of
362610 Section 1167 of this title. Revenue from such penalties sh all be
363611 apportioned as provided in Section 1167 of this title.
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365612 K. Service Oklahoma shall promulgate rule s for the mass renewal
366613 of commercial vehicle re gistration for businesses that possess at
367614 least ten vehicles registered as commercial vehicles under the
368615 provisions of this section , provided that such mass renewal shall
369616 not be mandatory for such businesses . For such mass renewal, the
370617 annual license fees described in subsections A and B of this section
371618 shall be due and payable on January 1 of each year on s uch
372619 commercial vehicles.
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374620 SECTION 2. This act shall become effective November 1, 2024.
375621
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378-Passed the Senate the 11th day of March, 2024.
379-
380-
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382- Presiding Officer of the Senate
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385-Passed the House of Representatives the 23rd day of April, 2024.
386-
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389- Presiding Officer of the House
390- of Representatives
391-
392-OFFICE OF THE GOVERNOR
393-Received by the Office of the Governor this _______ _____________
394-day of _________________ __, 20_______, at _______ o'clock _______ M.
395-By: _________________________________
396-Approved by the Governor of the State of Oklahoma this _______ __
397-day of _________________ __, 20_______, at _______ o'clock _______ M.
398-
399- _________________________________
400- Governor of the State of Oklahoma
401-
402-
403-OFFICE OF THE SECRETARY OF STATE
404-Received by the Office of the Secretary of State this _______ ___
405-day of _________________ _, 20 _______, at _______ o'clock _______ M.
406-By: _________________________________
622+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY , dated 04/02/2024 -
623+DO PASS.