Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB2035 Compare Versions

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3-
4-An Act
5-ENROLLED SENATE
6-BILL NO. 2035 By: Treat and Stephens of the
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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 2035 By: Treat and Stephens of the
731 Senate
832
933 and
1034
11- Hilbert, Bashore, and Menz
12-of the House
13-
14-
15-
16-An Act relating to license plates; creating the Mason
17-Treat Act of 2024; authorizing promulgation of rules
18-to register temporary license plate vendors;
35+ Hilbert of the House
36+
37+
38+
39+
40+An Act relating to license plates; authorizing
41+promulgation of rules to designate temporary license
42+plate vendors; author izing imposition of fee;
43+prescribing vendor requirements; granti ng authority
44+to revoke registration and administer fines and
45+penalties; prescribing requirements for plates ***
46+modifying procedure for a lic ense plate that has not
47+been removed; modifying per iod in which a person may
48+operate a motor vehicle without plate under certain
49+circumstance; modifying period for certain temporary
50+license plate; requiring the submission of certain
51+documentation and infor mation to Service Oklahoma or
52+licensed operator upo n the sale or transf er of
53+vehicle; requiring Service Oklahoma or licensed
54+operator to provide certain information and
55+instructions, issue temporary license plate under
56+certain circumstance, and issue decal under certain
57+circumstance; modifying period befor e application for
58+registration is due; modifying period of exemption
59+from carry of registration; providing exception to
60+requirement to issue license plate and decal;
61+directing Service Oklahoma to conduct p ublic
62+awareness campaign; eliminating requirement t hat
63+Service Oklahoma issue certain decal *** providing
64+for codification; and providing an effective date.
65+
66+
67+
68+AUTHOR: Add the following House Coauthor s: Bashore and Menz
69+
70+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
71+and insert:
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100+"An Act relating to license plates; creating The
101+Mason Treat Act of 2024 ; authorizing promulgation of
102+rules to register temporary license plate vendors;
19103 authorizing imposition of fees; prescribing vendor
20104 requirements; granting authority to revoke
21105 registration and administer fines and penalties;
22106 prescribing certain bond and insurance requirements;
23107 prescribing requiremen ts for plates; amending 47 O.S.
24108 2021, Sections 563, as amended by Section 4, Chapter
25109 29, O.S.L. 2023, and 582, as amended by Sec tion 2,
26110 Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023,
27111 Sections 563 and 582), which relat e to the
28112 establishment, powers, and duti es of the Oklahoma New
29113 Motor Vehicle Commission and the Oklahoma Used Motor
30114 Vehicle, Dismantler, and Manufactured Housing
31115 Commission; adding powers; amending 47 O.S. 2021,
32-Sections 1102, as last amended by Section 13 of
33-Enrolled House Bill No. 1854 of the 2nd Session of
34-the 59th Oklahoma Legislature , 1112.2, as amended by
116+Sections 1102, as la st amended by Section 10 6,
117+Chapter 282, O.S.L. 2022, 1112.2, as amended by
35118 Section 126, Chapter 282, O.S.L. 202 2, 1112.3, 1113,
36119 as last amended by Section 127, Chapter 282, O.S.L.
37120 2022, 1113A, as amended by Section 128, Chapter 282,
38121 O.S.L. 2022, and 1132, as last amended by Secti on
39122 146, Chapter 282, O.S.L. 2022 (47 O.S . Supp. 2023,
40-Sections 1112.2, 1113, 1113A, and 1132), which relate
41-to registration, fees, and license plates; defining
42-terms; modifying procedure for a license plate that
43-has not been removed; modifying period in which a
44-person may operate a motor vehicle without plate
45-under certain circumstance; modifying period for
46-certain temporary license plate; requiring the
47-
48-ENR. S. B. NO. 2035 Page 2
123+Sections 1102, 1112.2, 1113, 1113 A, and 1132), which
124+relate to registration, fees, and license plates;
125+defining terms; modifying procedure for a license
126+plate that has not been r emoved; modifying period in
127+which a person may operate a motor v ehicle without
128+plate under certain circumstance ; modifying period
129+for certain temporary license plate; requiring the
49130 submission of certain documentation and information
50131 to Service Oklahoma or licensed operator upon t he
51132 sale or transfer of vehicle; requirin g Service
52133 Oklahoma or licensed operator to prov ide certain
53134 information and instructions, issue temporary license
54135 plate under certain circumstance, and issue decal
55136 under certain circumstance; m odifying period before
56137 application for registration is due; modi fying period
57138 of exemption from carry of registr ation; providing
58139 exception to requirement to issue license plate and
59140 decal; authorizing certain contracts and agreements
60141 for implementation of ce rtain electronic systems;
61142 authorizing certain contracts and agreements for
62143 vehicle registration access and the charging and
63144 collecting of tolls; eliminating requirement that
64145 Service Oklahoma issue certain decal; requiring
65146 development, promotion, and coordination of cert ain
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66173 public awareness program; amending 47 O.S. 2021,
67174 Section 1137.1, as la st amended by Section 1, Chapter
68175 262, O.S.L. 2023 (47 O.S. Supp. 2023, Section
69176 1137.1), which relates to used dealer license and
70177 registration; modifying required components of
71178 temporary license plates; providing e xception;
72179 modifying period of validity of t emporary license
73180 plate; requiring certain documentation b e submitted;
74181 amending 47 O.S. 2021, Secti on 1137.2, as amended by
75182 Section 171, Chapter 282, O. S.L. 2022 (47 O.S. Supp.
76183 2023, Section 1137.2), which relates to authority to
77184 issue dealer license plates ; authorizing Oklahoma New
78185 Motor Vehicle Commission and the Oklahoma Used Motor
79186 Vehicle, Dismantler, and Manufactured Housing
80187 Commission to designate c ertain vendor; amending 47
81188 O.S. 2021, Section 1137.3, as last amended by Section
82189 2, Chapter 262, O.S.L. 2 023 (47 O.S. Supp. 2023,
83190 Section 1137.3), which relates to registration and
84191 licensing after purcha se; modifying certain
85192 purchasers required to register vehicle or trailer;
86193 modifying required components of temporary license
87194 plates; providing exception; requ iring dealer to
88195 submit certain documentation and information to
89196 Service Oklahoma or licensed opera tor; amending 47
90197 O.S. 2021, Section 1141.1, as last a mended by Section
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92-ENR. S. B. NO. 2035 Page 3
93198 13, Chapter 47, 1st Extraordinary Session, O.S.L.
94199 2023 (47 O.S. Supp. 2023, Section 114 1.1), which
95200 relates to retention of taxes and fees by licensed
96201 operator; authorizing Service Oklah oma to set
97202 licensed operator compensation for certain
98203 documentation processing and l icense plate and decal
99204 issuance; updating statutory la nguage; updating
100205 statutory reference; providing for noncodification;
101206 providing for codification; and providing an
102207 effective date.
103208
104209
105210
106-SUBJECT: License plates
107-
108211 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
109-
110212 SECTION 1. NEW LAW A new section of law not to be
111213 codified in the Oklahoma Statute s reads as follows:
112-
113-This act shall be known and may be cited as the “Mason Treat Act
214+This act shall be known and may be cited as "The Mason Treat Act
114215 of 2024".
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115241
116242 SECTION 2. NEW LAW A new section of law to be codified
117243 in the Oklahoma Statutes as Section 1137.4 of Title 47, unless there
118244 is created a duplication i n numbering, reads as follows:
119-
120245 A. The Oklahoma New Motor Vehicle Commissio n and the Oklahoma
121246 Used Motor Vehicle, Dismantler, a nd Manufactured Housing Commission
122247 shall have the power and duty to promulgat e rules and procedures to
123248 register authorized tempor ary license plate vendors in this state.
124249 The Commissions may impose a vendor registration fee not to exceed
125250 Six Hundred Dollars ($600.00) and a subsequent annual renewal fee
126251 not to exceed Six Hundred Dollars ( $600.00).
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128252 B. Oklahoma New Motor Vehicle Com mission and the Oklahoma Used
129253 Motor Vehicle, Dismantler, and Manufactured Hous ing Commission
130254 vendors shall provide pre-printed temporary license plates, or
131255 software services or the equipment and s upplies necessary to print
132256 temporary license plates to dealers licensed by the Oklaho ma New
133257 Motor Vehicle Commission and the Oklahoma Use d Motor Vehicle,
134-
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136258 Dismantler, and Manufactured Housing Commission . Vendors may
137259 provide the following:
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139260 1. Provide a method for such dealers to electronical ly enter
140261 required purchaser information for each veh icle purchase; and
141-
142262 2. Electronically submit such required purchaser information to
143263 Service Oklahoma in a manner that protects and meets security
144264 requirements promulgated by the Commissions every twenty-four (24)
145265 hours in a format that is readily acce ssible by Service Oklahoma.
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146291
147292 C. The Commissions shall also be gran ted the power to revoke
148293 the designation and registration of and a dminister fines and
149294 penalties, not to exceed Ten Tho usand Dollars ($10,000.00) per
150295 occurrence, to registered temporary license pl ate vendors that fail
151296 to comply with the provisions of this se ction.
152-
153297 D. The Commissions shall also be gr anted the power to require
154298 the vendors to do the following:
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156299 1. Obtain a Fifty Thousand Dollar ($50,000.00) bond; and
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158300 2. Obtain commercial liability insurance with a minimum
159301 coverage amount of One Million Dollars ($1,000,000.00).
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161302 E. Temporary license pla tes issued by authorized temporar y
162303 license plate vendors shall be required to include:
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164304 1. A sequential three -character prefix, unique to the
165305 individual authorize d temporary license plate vendor, followed by a
166306 five-digit tag number;
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168307 2. The name of this st ate;
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170308 3. The name of the vehicle purchaser;
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172309 4. The date of expiration;
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174310 5. The name of the dealer and the dealer license nu mber; and
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176311 6. The year, make, and mode l of the vehicle. Provided, the
177312 name of the vehicle purchaser shall not b e required to be inc luded
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180313 on the temporary license pl ate if the vendor ho lds a record of the
181314 name of the vehicle purchaser and the bill of sale is carried in the
182315 vehicle.
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184342 SECTION 3. AMENDATORY 47 O.S. 2021, Section 563, as
185343 amended by Section 4, Chapt er 29, O.S.L. 2023 (47 O.S. Supp. 2023,
186344 Section 563), is amended to read as fo llows:
187-
188345 Section 563. A. There is hereby creat ed the Oklahoma New Motor
189346 Vehicle Commission, to be composed of nine (9) members. Seven of
190347 the members shall ha ve been engaged in t he manufacture,
191348 distribution, or sale of new motor ve hicles and two members sh all be
192349 lay members, all to be appointed by the Governor of the State of
193350 Oklahoma this state, with the advice and consent of the Senate.
194351 Appointments shall be made within thirty (30) days after November 1,
195352 1985. Each of the Commissioners thus appointed sh all, at the time
196353 of the appointment, be a resi dent in good faith of this state, shal l
197354 be of good moral character, and each of the industry related
198355 industry-related Commissioners shall have been actually engaged in
199356 the manufacture, distribution, or sale of new motor vehicles for not
200357 less than ten (10) years preceding the appointment. The members of
201358 the Commission shall serve at the pleasu re of the Governor.
202-
203359 B. 1. The Commissione rs shall elect a chair from among st them
204360 whose term shall be for one (1) year with the right to succeed
205361 himself or herself.
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207362 2. There shall be three at large at-large members of the
208363 Commission. Six members of the Commission shall be ap pointed from
209364 the following geographical areas with at least one member from each
210365 area:
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211391
212392 a. four areas of the state shall be the northwest,
213393 northeast, southwest, and southeast sections
214394 designated by Interstate 35 dividing the state eas t
215395 and west and Interstate 40 dividing the s tate north
216396 and south, excluding O klahoma County and T ulsa County,
217397 and
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219398 b. two additional areas shall be Oklahoma County and
220399 Tulsa County.
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224400 There shall not be more t han two members of the Commission from any
225401 one area.
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227402 C. The terms of offi ce of the members fi rst appointed to the
228403 Commission shall be as follows:
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230404 1. The members appointed from the northwest, northeast, and
231405 southwest areas shall serve until June 30, 1987;
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233406 2. The members appointed from the southeast area and Oklahoma
234407 County and Tulsa County shall serve until June 30, 1989; and
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236408 3. The members appointed at large shall serve until June 30,
237409 1991.
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239410 Each member shall serve u ntil a successor is appointed and
240411 qualifies. Thereafter, the term of office of each memb er of the
241412 Commission shall be for six (6) y ears. The term of office of any
242413 member will automati cally expire if the membe r moves out of the
243414 geographical area from whic h the member was appointed. In event of
244415 death, resignation, removal, or term automatical ly expiring of any
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245442 person serving on the Co mmission, the vacancy shall be fi lled by
246443 appointment as provided for the unexp ired portion of the term. The
247444 Commission shall meet at in Oklahoma City and complet e its
248445 organization immediately after the membership has been appointed and
249446 has qualified. The chair and each member of the Com mission shall
250447 take and subscribe to the oath of office required of public
251448 officers.
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253449 D. The members of the Commission shall recei ve reimbursement
254450 for subsistence and traveling expe nses necessarily incurred in the
255451 performance of their duties as provided by the State Travel
256452 Reimbursement Act.
257-
258453 E. The Commission shall appoint a qualified person to serve as
259454 Executive Director thereof, w hich person shall have had not less
260455 than ten (10) years of experience in t he motor vehicle ind ustry.
261456 The Executive Director sh all be appointed for a term of six (6)
262457 years, and shall not be subject to dismissal or remo val without
263458 cause. The Commission sha ll fix the salary and prescribe the duties
264459 of the Executive Director. The Executive Director shall devote such
265460 time as necessary to fulfill the du ties thereof, and before entering
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268461 upon such duties shall take and subsc ribe to the oath of office.
269462 The Executive Director may employ such clerical, technical, and
270463 other help and legal services and incur such expenses as may be
271464 necessary for the proper dis charge of the duties of t he Executive
272465 Director under Section 561 et seq . of this title. The Commission
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273492 shall maintain its office and transact its business in O klahoma
274493 City, and it is authorized to adopt and use a seal. The Executive
275494 Director is hereby au thorized to hire, retain, or otherwise acquire
276495 the services of an attor ney to represent the Commission in any and
277496 all state and federal courts, and assist the C ommission in any and
278497 all business or legal matters that may come before it. The attorney
279498 so representing the Commission shall discharge the duties under the
280499 direction of the Executive Director.
281-
282500 F. The Commission is hereby vested with the powers necessary to
283501 enable it to fully and effectively carr y out the provisions and
284502 objects of Section 561 et se q. of this title and Section 2 of this
285503 act, and is hereby authorized an d empowered to make and enforce all
286504 reasonable rules and to adopt and prescribe all forms necessary to
287505 accomplish such purpose. All forms used by a new motor vehicl e
288506 dealer to facilitate the delivery of a vehi cle pending approval of
289507 financing shall be app roved by the Commission. Spot deliver y
290508 agreement forms shall be required for all new mot or vehicle
291509 deliveries subject to dealers fi nding lending institutions to
292510 purchase the retail ins tallment contracts execut ed by the purchasing
293511 and selling parties.
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295512 G. All fees, charges, and fines collected under the provisions
296513 of Section 561 et seq. of thi s title and Section 2 of this act shall
297514 be deposited by the Executive Direct or in the State Trea sury in
298515 accordance with the depository laws of this state in a special fund
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299542 to be known as the “Oklahoma New Motor Vehicle Commission Fund”,
300543 which is hereby created, and except as hereinafter provided th e
301544 monies in the fund shall be use d by the Commission for the purpose
302545 of carrying out and enforcing the provisions of Section 561 et seq.
303546 of this title and Section 2 of this act. Expenditures from the fund
304547 shall be made upon vouchers ap proved by the Commis sion or its
305548 authorized officers.
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307549 At the close of each fiscal year, the Commiss ion shall file with
308550 the Governor and the State Auditor and Inspector a true and corr ect
309551 report of all fees, fines, and charges collecte d and received by it
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312552 during the preceding f iscal year and shall at the same time pay into
313553 the General Revenue Fund of the state a sum equal to ten percent
314554 (10%) of the fees, fines, and charges collected an d received.
315-
316555 All expenses incurred by the Commission in carrying out the
317556 provisions of Section 561 et seq. of this title and Section 2 of
318557 this act, including but not limited to per diem, wages, salaries,
319558 rent, postage, advertising, supplies, bond premiums, travel, and
320559 subsistence for the Commissioners, the Executive Director,
321560 employees, and legal co unsel, and printing and utilities , shall be a
322561 proper charge against such fund, exclusive of the portion thereof to
323562 be paid into the General Revenue Fund as above set out. In no event
324563 shall liability ever accrue h ereunder against this s tate in any sum
325564 whatsoever, or against the Oklahoma N ew Motor Vehicle Com mission
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326591 Fund, in excess of the ninety percent (90%) of the fees, fines, and
327592 charges deposited therein.
328-
329593 SECTION 4. AMENDATORY 47 O.S. 2 021, Section 582, as
330594 amended by Section 2, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023,
331595 Section 582), is amended to read as follows:
332-
333596 Section 582. A. There is hereby created the Oklahoma Used
334597 Motor Vehicle, Dismantler, and Manufactured Housing Commission , to
335598 be composed of ten (10) members who shall be selected as follows:
336-
337599 1. One member shall be a ppointed from each congre ssional
338600 district and any remaining members, in cluding the chair, shall be
339601 appointed from the state at large. However, when congression al
340602 districts are redrawn, each member appoi nted prior to July 1 of the
341603 year in which such modifi cation becomes effective shall complete the
342604 current term of office and appointments made after July 1 of the
343605 year in which such modification becomes effective s hall be based on
344606 the redrawn districts. Ap pointments made after July 1 of t he year
345607 in which such modification becomes ef fective shall be from any
346608 redrawn districts wh ich are not represented by a board mem ber until
347609 such time as each of the modified congres sional districts are
348610 represented by a board member; provided, the chair shal l be
349611 appointed at large without regard to con gressional district
350612 representation on the boar d;
351-
352613 2. All members shall be appointed by the Governor, by and with
353614 the advice and consent of the Senate;
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356640
357641 3. a. each Each of the members appointed from a
358642 congressional district shall, at the time of
359643 appointment, be a resident in good faith of the
360644 congressional district from which appointed, and
361-
362645 b. each Each of the members appointed from the sta te at
363646 large shall, at the time of appointme nt and during the
364647 period of service, be residents in good faith of the
365648 state;
366-
367649 4. Each member shall be of good moral charact er and, for the
368650 ten-year period immediately preceding appointment, each of the used
369651 motor vehicle dealer represe ntatives shall have been licensed for
370652 and actually engaged in the distrib ution or sale of used mot or
371653 vehicles; each of the dismantler representa tives shall have actually
372654 been licensed for and engaged in the principal business of
373655 dismantling or disassembling motor vehicles for the purpose of
374656 selling the parts thereof; and the manufactured housing
375657 representative shall have been licensed for and actu ally engaged in
376658 the principal business of selling manufactured homes; and
377-
378659 5. Eight members plus the chair shall be engaged in the used
379660 motor vehicle industry or the automotive dismantler industry. There
380661 shall not be fewer than five members engaged in the principal
381662 business of the sale of use d motor vehicles and there shall not be
382663 fewer than two members engaged in the principal busine ss of
383664 dismantling or disassemblin g motor vehicles for the purpose of
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384691 selling the parts thereof. One of the at -large members shall be
385692 engaged in the principal bus iness of selling manufactured homes as a
386693 licensed manufactured home dealer . Being engaged in one or more of
387694 such pursuits shall not disqualify a p erson otherwise qualified from
388695 serving on the Commission.
389-
390696 B. 1. The term of the chair shall be coterminous with that of
391697 the Governor making the appointment, a nd until a successor is
392698 appointed and is qualified.
393-
394699 2. The terms of office of each member of th e Commission shall
395700 be subject to the following:
396-
397-
398-ENR. S. B. NO. 2035 Page 10
399701 a. the Commission shall determine and certify the trade
400702 associations of manufactured home dealers that
401703 represent ten percent (10%) or m ore of the number of
402704 licensed manufactured home deale rs in the state and
403705 shall certify each such a ssociation to the Governor.
404706 The Governor shall request a minimum of ten names from
405707 each such association and shall select one member f rom
406708 the manufactured home industry from the names
407709 provided,
408-
409710 b. each member actively serving July 1, 2000, who was
410711 appointed on or before June 30, 2000, shall remain an d
411712 fulfill the term of his or her membe rship as set forth
412713 at the appointment,
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414740 c. except for the chair, the term o f office of each
415741 member of the Commission shall be fo r six (6) years,
416-
417742 d. except for the chair and the at-large members, the
418743 term of office of an y member will automatically expire
419744 if the member moves out of the congressional district
420745 from which appointed; however, if the congr essional
421746 districts are modified e ach member shall com plete the
422747 current term of office as provided in this section,
423-
424748 e. in event of death, resignation, or removal o f any
425749 person serving on the Commission, the vacancy shall be
426750 filled by appointment as aforesai d for the unexpired
427751 portion of the term, and
428-
429752 f. except for the chair, when the term of a member
430753 automatically expires, the v acancy shall be filled by
431754 appointment of a qualified successor for a term of six
432755 (6) years as aforesaid, except that the member shal l
433756 serve until a successor is appo inted and qualified.
434-
435757 3. The chair and each m ember of the Commission shall take and
436758 subscribe to the oath of office required of p ublic officers.
437-
438759 C. The chair and members of the Co mmission shall receive Thirty
439760 Dollars ($30.00) for each and every day actual ly and necessarily
440761 spent in attending the mee tings of the Commission, and shall be
441-
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443762 reimbursed for subsistence and traveling expen ses incurred in the
444763 performance of their duties her eunder as provided by the State
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445790 Travel Reimbursement Act; provided that such meeting payments shall
446791 not exceed the sum of Six Hundred Dollars ($600.00) per annum to an y
447792 one person.
448-
449793 D. 1. a. The Commission shall appoint a qualified person to
450794 serve as Executive Director who shall have had
451795 sufficient management and organizational exp erience in
452796 the automotive industry to direct the functions of the
453797 Commission.
454-
455798 b. The Executive Director shall be appointed for a term
456799 of six (6) years, and shall not be subject to
457800 dismissal or removal without cause.
458-
459801 c. The Commission shall fix the salary a nd define and
460802 prescribe the duties of the Exe cutive Director.
461-
462803 d. The Executive Director sha ll be in charge of the
463804 Commission’s office, shall devote such time as
464805 necessary to fulfill the duties thereof, a nd, before
465806 entering upon these duties, shall take and subscribe
466807 to the oath of office.
467-
468808 2. The Commission may employ such clerical, technical, l egal,
469809 and other help and incur such ex penses as may be necessary for the
470810 proper discharge of its duties under Section 581 et seq. of this
471811 title and Section 2 of this act.
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473838 3. The Commission shall maintain its o ffice and transact its
474839 business in Oklahoma Ci ty, and is authorized to adopt and use a
475840 seal.
476-
477841 E. 1. a. The Commission is hereby vested w ith the powers and
478842 duties necessary and pro per to enable it to fully and
479843 effectively carry out t he provisions and objecti ves of
480844 Section 581 et seq. of this title and Section 2 of
481845 this act, and is hereby authorized and empowered,
482846 pursuant to the Administrat ive Procedures Act, to make
483847 and enforce all reasonable rules and to adopt an d
484-
485-ENR. S. B. NO. 2035 Page 12
486848 prescribe all forms necessary to accomplish said such
487849 purpose.
488-
489850 b. The Commission shall pr omulgate rules for the
490851 licensing of manufactured home installers and the
491852 installation, which is the blocking, an choring, and
492853 leveling of mobile and manufactured home s that meet
493854 the standards of the manufacturer ’s manual or the
494855 Commission.
495-
496856 c. The Commission shall promulgate rules to prescribe t he
497857 contents of manufactured home sales agreements a nd to
498858 require that each manufactured home m anufacturer issue
499859 with each new manufactured home a w arranty comparable
500860 to warranties generally in use in the industry
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501887 warranting the manufactured home to be free from
502888 material defects.
503-
504889 d. The enumeration of any p ower or authority herei n shall
505890 not be construed to deny, impair, disparage , or limit
506891 any others necessary to the attainme nt thereof.
507-
508892 e. A copy of all rules adopted by the Commission shall be
509893 filed and recorded in the office Office of the
510894 Secretary of State and the State Librarian and State
511895 Archivist, and same may be amended, modif ied, or
512896 repealed from time to time.
513-
514897 2. The Commission’s powers and duties shall include, b ut not be
515898 limited to, the following:
516-
517899 a. to license used motor vehicle dealers, wholesale used
518900 motor vehicle dealers, dismantlers, ma nufactured home
519901 dealers, manufactured home manufactur ers, and
520902 manufactured home installers,
521-
522903 b. to inspect used motor vehicle dealer, dismantler and
523904 manufactured home dealer locations, and manufactured
524905 home manufacturers’ factories or assembly sites to
525906 ensure that they are in an approved l ocation, meet
526907 local zoning or other municipal requirements, and have
527908 sufficient facilities which shall include, but not be
528-
529-ENR. S. B. NO. 2035 Page 13
530909 limited to, for retail businesses, a business sign, a
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531936 listed and usable telephon e number, a restroom , and a
532937 sales office,
533-
534938 c. to inspect wholesale used mo tor vehicle dealer
535939 locations to ensure that they are in an approved
536940 location, meet local zoning or other muni cipal
537941 requirements, and have sufficient facilities which
538942 shall include, but not be limited to, a listed and
539943 usable telephone number in the dealer’s name and a
540944 business office where records of the business are
541945 kept,
542-
543946 d. to require all dealer sales to have a condition of
544947 sale such as a warranty disclaimer, im plied or written
545948 warranty, or a service contract approved by the
546949 Commission,
547-
548950 e. to work with consumers and dealers to hea r complaints
549951 on used vehicles and manufactured homes, including
550952 installation, and
551-
552953 f. to serve as a dispute resolution panel for binding
553954 arbitration in accordance with Section 185 1 et seq. of
554955 Title 12 of the Okla homa Statutes in con tract
555956 controversies between licensed used motor vehicle
556957 dealers, dismantlers, and manufactured housing
557958 dealers, manufactured home dealers, installers, and
558959 manufacturers and their cons umers when, by mutua l
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559986 written agreement executed afte r the dispute betwee n
560987 the parties has arisen, both parties have agreed to
561988 use the Commission as their arbitration panel for
562989 contract disputes.
563-
564990 F. 1. All fees and charges collecte d under the provisions of
565991 Section 581 et seq. of this title and Section 2 of this act shall be
566992 deposited by the Executive Director in the State Treasury in
567993 accordance with the depository laws of this state in a special fund
568994 to be known as the “Oklahoma Use d Motor Vehicle, Disman tler, and
569995 Manufactured Housing Commission Fund”, whic h fund is hereby cre ated.
570996 Except as hereinafter provided, the monies in the fund shall be used
571997 by the Commission for the purpose of carrying out and enforcing the
572-
573-ENR. S. B. NO. 2035 Page 14
574998 provisions of Section 581 et seq. of this title and Section 2 of
575999 this act. Expenditures from the fund shall be warrants issued by
5761000 the State Treasurer against claims submitted by the Commission to
5771001 the Director of the Offi ce of Management and Enterprise Services for
5781002 approval.
579-
5801003 2. At the close of each fiscal year, the Commission shall file
5811004 with the Governor and the State Auditor and Inspector a true and
5821005 correct report of all fees and cha rges collected and received by it
5831006 during the preceding fiscal year and shall at the same time pay into
5841007 the General Revenue Fund of t he state a sum equal to ten perce nt
5851008 (10%) of the gross fees and charges so col lected and received.
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5861034
5871035 3. All expenses incurred by the Commission in carrying out the
5881036 provisions of Section 581 et seq. of this title and Section 2 of
5891037 this act including, but not limited to, per diem, wages, sala ries,
5901038 rent, postage, advertising, supplies, b ond premiums, travel, and
5911039 subsistence for the Commissioners, the Executive Director,
5921040 employees, and legal counsel, and printing and uti lities, shall be a
5931041 proper charge against th e fund, exclusive of the portion thereof to
5941042 be paid into the General Revenue F und as above set out; provided,
5951043 that in no event shall liability ever accrue hereund er against the
5961044 state in any sum whatsoever, or agai nst the Oklahoma Used M otor
5971045 Vehicle, Dismantler, and Manufactured Housing Co mmission Fund, in
5981046 excess of the ninety percen t (90%) of the fees and charges deposited
5991047 therein.
600-
6011048 SECTION 5. AMENDATORY 47 O.S. 2021, Section 1102, as
602-last amended by Section 13 of Enrolled House Bill No. 1854 of the
603-2nd Session of the 59th Oklahoma Legislature , is amended to read as
604-follows:
605-
1049+last amended by Section 106, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
1050+2023, Section 1102), is amended to read as follows:
6061051 Section 1102. As used in the Oklahoma Vehicle Lice nse and
6071052 Registration Act:
608-
6091053 1. “All-terrain vehicle” means a vehicle manufactured and used
6101054 exclusively for off-highway use traveling on four or more non-
6111055 highway tires, and being fifty (5 0) inches or less in widt h;
612-
6131056 2. “Carrying capacity” means the carrying capacity of a vehicle
6141057 as determined or declared in tons of cargo or payload by the owner;
6151058 provided, that such declared capacity shal l not be less than the
6161059
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6181085 minimum tonnage capacity fixed , listed or advertised by the
6191086 manufacturer of any vehicle;
620-
6211087 3. “Certificate of title” means a document which is proof of
6221088 legal ownership of a motor vehicle as d escribed and provided f or in
6231089 Section 1105 of this title;
624-
6251090 4. “Chips and oil” or the term “road oil and crushed rock”
6261091 means, with respect to materials authorized for us e in the surfacing
6271092 of roads or highways as provided for in this title or in any
6281093 equivalent statute pertaining to road or highway sur facing in the
6291094 State of Oklahoma this state, any asphaltic materials. Wherever
6301095 chips and oil or road oil and crushed rock ar e authorized for use in
6311096 the surfacing of roads or highways in this state, whether by the
6321097 Department of Transport ation, or by the cou nty commissioners, or
6331098 other road building authority s ubject to the Oklahoma Ve hicle
6341099 License and Registration Act, asphaltic materials are also
6351100 authorized for use in such surfacing and construction;
636-
6371101 5. “Combined laden weight” means the weight of a truck or
6381102 station wagon and its cargo or p ayload transported t hereon, or the
6391103 weight of a truck or truck-tractor plus the weight of an y trailers
6401104 or semitrailers together wi th the cargo or payload transported
6411105 thereon;
642-
6431106 6. “Commercial trailer” mean s any trailer, as de fined in
6441107 Section 1-180 of this title, or semitrailer, as defined in Section
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6451134 1-162 of this title, when such trailer or semitr ailer is used
6461135 primarily for business o r commercial purposes;
647-
6481136 7. “Commercial trailer deal er” means any person, firm or
6491137 corporation engaged in the business of selling any new and unused,
6501138 or used, or both new and used commercial trailers;
651-
6521139 8. “Commercial vehicle” means any vehicle over eight tho usand
6531140 (8,000) pounds combined laden weight used pri marily for business or
6541141 commercial purposes. Each motor vehicle being regist ered pursuant
6551142 to the provisions of this secti on shall have the name of the
6561143 commercial establishment or the words “Commercial Vehi cle”
6571144 permanently and prominently displayed upon the outside of the
6581145 vehicle in letters not less than two (2) inches high. Such letters
6591146 shall be in sharp contrast to the bac kground and shall be of
660-
661-ENR. S. B. NO. 2035 Page 16
6621147 sufficient shape and c olor as to be readily legible during d aylight
6631148 hours, from a distance of fifty (50) feet w hile the vehicle is not
6641149 in motion;
665-
6661150 9. “Commission” or “Tax Commission” mean s the Oklahoma Tax
6671151 Commission;
668-
6691152 10. “Construction machinery” means machines or devices draw n as
6701153 trailers which are designed and u sed for construction, tree trimming
6711154 and waste maintenance projects, which derive no revenue fr om the
6721155 transportation of persons or property, whose u se of the highway is
6731156 only incidental and which are not mounted or affix ed to another
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6741183 vehicle; provided, const ruction machinery shall not include
6751184 implements of husbandry as defined in Section 1-125 of this title;
676-
6771185 11. “Dealer” means any person, firm, associ ation, corporation
6781186 or trust who that sells, solicits or advertises the sale of new and
6791187 unused motor vehicles and holds a bona fide contract or franchise in
6801188 effect with a manufacturer or distributor of a particular make of
6811189 new or unused motor vehicle or veh icles for the sale of sam e;
682-
6831190 12. “Dealer seller” means a new motor vehi cle dealer as defined
6841191 in Section 562 of this title, a powersports vehicle dealer as
6851192 defined in Section 562 of th is title, and used m otor vehicle dealer
6861193 as defined in Section 581 of this title. This definition shall not
6871194 include individuals involved in a pr ivate sale as defined in this
6881195 section;
689-
6901196 13. “Mini-truck” means a foreign-manufactured import or
6911197 domestic-manufactured vehicle powere d by an internal combustion
6921198 engine with a piston or r otor displacement of one thousand cubic
6931199 centimeters (1,000 cc) or less, which is sixty-seven (67) inches or
6941200 less in width, with an unladen dry weight of three t housand four
6951201 hundred (3,400) pounds or less , traveling on four or more tires ,
6961202 having a top speed of approximately fifty -five (55) miles per hour,
6971203 equipped with a bed o r compartment for hauling, and having an
6981204 enclosed passenger cab;
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7001231 13. 14. “Interstate commerce” means any commerce moving between
7011232 any place in a state and any place in another state or between
7021233 places in the same state through another state;
703-
704-
705-ENR. S. B. NO. 2035 Page 17
7061234 14. 15. “Laden weight” means the combined weight of a vehicle
7071235 when fully equipped for use and the cargo or payload transported
7081236 thereon; provided, that in no event shall the laden weight be less
7091237 than the unladen weight of the vehicle fully equipped for use, plus
7101238 the manufacturer’s rated carrying capacity;
711-
7121239 15. 16. “Local authorities” means every county, muni cipality or
7131240 local board or body having auth ority to adopt police regulations
7141241 under the Constitution and laws of this stat e;
715-
7161242 16. 17. “Low-speed electrical vehicle” mea ns any four-wheeled
7171243 electrical vehicle that is powered by an electric motor that draws
7181244 current from rechargeable storage batteries or other sources of
7191245 electrical current and whose top s peed is greater than twen ty (20)
7201246 miles per hour but not greater than tw enty-five (25) miles per hour
7211247 and is manufactured in compliance with the National Highway Traffic
7221248 Safety Administration standards fo r low-speed vehicles in 49 C.F.R. ,
7231249 Section 571.500;
724-
7251250 17. 18. “Manufactured home” means a residential dwelling built
7261251 in accordance with the National Manufactured H ousing Construction
7271252 and Safety Standards Act of 197 4, 42 U.S.C., Section 5 401 et seq.,
7281253 and rules promulgated pursuant thereto a nd the rules promulg ated by
7291254 the Oklahoma Used Motor Vehicle and Parts, Dismantler, and
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7301281 Manufactured Housing Commission pursuant t o Section 582 of this
7311282 title. Manufactured home sha ll not mean a park model recreational
7321283 vehicle as defined in this section;
733-
7341284 18. 19. “Manufactured home dealer” means any p erson, firm or
7351285 corporation engaged in the busi ness of selling any new and unused,
7361286 or used, or both new and used manufactured homes. Su ch information
7371287 and a valid franchise letter as proof of authorization to sel l any
7381288 such new manufactured home product line or lines shall be attached
7391289 to the application for a dealer license to sell manufact ured homes.
7401290 “Manufactured home dealer” Manufactured home dealer shall not
7411291 include any person, firm or corporation who sells or contracts for
7421292 the sale of the dealer’s own p ersonally titled manufactured home or
7431293 homes. No person, firm or corporation shall b e considered a
7441294 manufactured home dealer as to any m anufactured home purcha sed or
7451295 acquired by such person, firm or corporation f or purposes other th an
7461296 resale; provided, that the restriction set forth in this sentence
747-
748-ENR. S. B. NO. 2035 Page 18
7491297 shall not prevent an otherwise qualified person, firm or corporation
7501298 from utilizing a singl e manufactured home as a sales office;
751-
7521299 19. 20. “Medium-speed electrical veh icle” means any self -
7531300 propelled, electrically powered four-wheeled motor vehicle, equipped
7541301 with a roll cage or crush -proof body design, whose speed attainable
7551302 in one (1) mile is mor e than thirty (30) mile s per hour but not
7561303 greater than thirty-five (35) miles per hour;
7571304
758-20. 21. “Licensed operator” means any person licensed by the
759-Service Oklahoma Operator Board or designate d or authorized to
760-collect the fees and enforce the provisions related to the
761-fulfillment of designated services to be rendered by Service
762-Oklahoma;
763-
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1330+20. 21. “Licensed operator” mean s any person appointed,
1331+designated or authoriz ed by Service Oklahoma to collect the fees and
1332+to enforce the provisions provided for in the Oklahoma Vehicle
1333+License and Registrati on Act;
7641334 21. 22. “New vehicle” or “unused vehicle” means a vehicle which
7651335 has been in the possession of the manufacturer, dis tributor or
7661336 wholesaler or has been sol d only by the manufacturer, distributor or
7671337 wholesaler to a dealer;
768-
7691338 22. 23. “Nonresident” means any person who is not a residen t of
7701339 this state;
771-
7721340 23. 24. “Off-road motorcycle” means any motorcycle, as defined
7731341 in Section 1-135 of this title, when such motorc ycle has been
7741342 manufactured for and used exclusively off roads, highways and any
7751343 other paved surfaces;
776-
7771344 24. 25. “Owner” means any person owning, ope rating or
7781345 possessing any vehicle herein defined;
779-
7801346 25. 26. “Park model recreational vehicle” means a vehicle t hat
7811347 is:
782-
7831348 a. designed and marketed as temporary livin g quarters for
7841349 camping, recreational, seasonal or travel use,
785-
7861350 b. not permanently affixed to real property for use as a
7871351 permanent dwelling,
7881352
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7911378 c. built on a single chassis mounted on wheels with a
7921379 gross trailer area not exceeding four hundred (400)
7931380 square feet in the setup mode, and
794-
7951381 d. certified by the manufacturer as complying with
7961382 standard A119.5 of th e American National Stand ards
7971383 Institute, Inc.;
798-
7991384 26. 27. “Person” means any individual, copartner, joint
8001385 venture, association, corporation, limited liability com pany,
801-estate, trust, business trust, syndicate, the State of Oklahoma,
802-Service Oklahoma, or any county, city, municipality, school district
803-or other political subdivision thereof, or any group or combination
804-acting as a unit, or any receiver appointed by the state or federal
805-court;
806-
1386+estate, trust, business trust, syndic ate, the State of Oklahoma, or
1387+any county, city, muni cipality, school district or other political
1388+subdivision thereof, or an y group or combination acting as a uni t,
1389+or any receiver appointed by the state or federa l court;
8071390 28. “Pre-registration” means the submission of requisite
8081391 information and documentation to Service Oklahoma or a licensed
8091392 operator within two (2) business day s following the sale or transfer
8101393 of a motor vehicle, as required by Section 1112.2 of thi s title;
811-
8121394 29. “Private sale” means the sale or transfer of a motor
8131395 vehicle where neither the sel ler nor the purchaser is a dealer
8141396 seller as defined in this section;
815-
8161397 27. 30. “Rebodied vehicle” means a vehi cle:
817-
8181398 a. which has been assembled using a new body o r new major
8191399 component which is of the ident ical type as the
8201400 original vehicle and is licensed by the manufacturer
8211401 of the original vehicle and other original, new or
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8221428 reconditioned parts. For purposes of thi s paragraph,
8231429 “new body or new major component” mean s a new body,
8241430 cab, frame, front end clip or rear end clip,
825-
8261431 b. which is not a salvage, rebuilt, or junked vehicle as
8271432 defined by paragraph 1, 2, or 6 of subsection A of
8281433 Section 1105 of this title, and
829-
8301434 c. for which Service Oklahoma has assigned or will assign
8311435 a new identifying number;
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834-ENR. S. B. NO. 2035 Page 20
8351436 28. 31. “Recreational off-highway vehicle” means a vehicle
8361437 manufactured and used exclusively for off-highway use, traveling on
8371438 four or more non-highway tires, and being sixty -five (65) inches or
8381439 less in width;
839-
8401440 29. 32. “Recreational vehicle” means eve ry vehicle which is
8411441 built on or permanently attached to a self-propelled motor chassis
8421442 or chassis cab which becomes an integral part of the comp leted
8431443 vehicle and is capable of being operated on the highways. In order
8441444 to qualify as a recreational vehicle pursuant to this para graph such
8451445 vehicle shall be perma nently constructed a nd equipped for human
8461446 habitation, having its own sleeping and kitchen f acilities,
8471447 including permanently affix ed cooking facilities, water tanks and
8481448 holding tank with permanent toilet facilities. Recreat ional vehicle
8491449 shall not include manufactured homes or any vehicle with portabl e
8501450 sleeping, toilet and kitchen facilities whic h are designed to be
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8511477 removed from such vehicle. Recreational vehicle shall include park
8521478 model recreational vehicles as defined in t his section;
853-
8541479 30. 33. “Remanufactured vehicle” means a vehicle which has been
8551480 assembled by a vehicle remanufacturer using a new body and which may
8561481 include original, reconditioned, or remanufactured parts, and whic h
8571482 is not a salvage, reb uilt, or junked vehi cle as defined by
8581483 paragraphs 1, 2, and 6, respectivel y, of subsection A of Sec tion
8591484 1105 of this title;
860-
8611485 31. 34. “Rental trailer” means all small or utility traile rs or
8621486 semitrailers constructed and suitable for tow ing by a passenger
8631487 automobile and designed only for carrying property, when the
8641488 trailers or semitrailers are owned by, or are in the possession of,
8651489 any person engaged in renting or leasing such trailers or
8661490 semitrailers for intrastate or interstate use or c ombined intrastate
8671491 and interstate use;
868-
8691492 32. 35. “Special mobilized machinery ” means special purp ose
8701493 machines or devices, either self-propelled or drawn as trailers or
8711494 semitrailers, which derive no revenue from the transportation of
8721495 persons or property, who se use of the highway is only incidental,
8731496 and whose useful revenue producing service is performed at
8741497 destinations in an a rea away from the traveled surface of an
8751498 established open highway;
876-
877-
878-ENR. S. B. NO. 2035 Page 21
8791499 33. 36. “State” means the State of Oklahoma;
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8801525
8811526 34. 37. “Station wagon” means any passenger vehicle which does
8821527 not have a separate luggage compar tment or trunk and w hich does not
8831528 have open beds, and has one or more rear seats readily li fted out or
8841529 folded, whether same is ca lled a station wagon or ranch wagon;
885-
8861530 35. 38. “Street-legal utility vehicle” means a vehicle m eeting
8871531 the description and specif ications of Section 1-171.1 of this title;
888-
8891532 39. “Temporary decal” means the decal issued by Service
8901533 Oklahoma or a licensed operat or to be affixed to a license plate and
8911534 valid for the period of time betwe en the pre-registration of a motor
8921535 vehicle, pursuant to the requirements of Section 1112.2 of this
8931536 title, and the registration thereof;
894-
8951537 36. 40. “Travel trailer” means any vehicular portable structure
8961538 built on a chassis, used as a te mporary dwelling for travel,
8971539 recreational or vacational use, and, when facto ry-equipped for the
8981540 road, it shall have a bod y width not exceeding eight (8) feet and an
8991541 overall length not exceeding forty (40) feet, including the hitch or
9001542 coupling;
901-
9021543 37. 41. “Travel trailer dealer” me ans any person, firm or
9031544 corporation engaged in the bu siness of selling an y new and unused,
9041545 or used, or both new and used travel trailers. Such information and
9051546 a valid franchise lett er as proof of authorization to sell any such
9061547 new travel trailer product line or lines shall b e attached to the
9071548 application for a dealer license to sell travel trailers. “Travel
9081549 trailer dealer” Travel trailer dealer shall not include any person,
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9091576 firm or corporation who sells or contracts for the sale of h is or
9101577 her own personally titled travel trai ler or trailers. No person,
9111578 firm or corporation shall be considered as a trav el trailer dealer
9121579 as to any travel trailer pur chased or acquired by such person, fir m
9131580 or corporation for purposes other than resale;
914-
9151581 38. 42. “Used motor vehicle dealer” means “used motor vehicle
9161582 dealer” a used motor vehicle dealer as defined in Section 58 1 of
9171583 this title;
918-
9191584 39. 43. “Used vehicle” means any vehicle which has been sold,
9201585 bargained, exchanged or given away, or used to the exte nt that it
921-
922-ENR. S. B. NO. 2035 Page 22
9231586 has become what is commonly know n, and generally recognized, as a
9241587 “secondhand” vehicle. This shall also inclu de any vehicle other
9251588 than a remanufactured veh icle, regardless of age, owned by any
9261589 person who is not a dealer;
927-
9281590 40. 44. “Utility vehicle” means a vehicle powered by an
9291591 internal combustion engine, manufactured a nd used exclusively for
9301592 off-highway use, equipped with seating for two or more people and a
9311593 steering wheel, traveling on four or more wheels;
932-
9331594 41. 45. “Vehicle” means any type of c onveyance or device in,
9341595 upon or by which a person or property is or may be t ransported from
9351596 one location to another upon the avenues of public access within the
9361597 state. “Vehicle” Vehicle does not include bicycles, trailers except
9371598 travel trailers and rental trailers, or implements of husbandry as
9381599 defined in Section 1-125 of this title. All implements of husbandry
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9391626 used as conveyances shall be required to display the owne r’s driver
9401627 license number or license p late number of any vehicle owned by the
9411628 owner of the implement of husbandr y on the rear of the implement in
9421629 numbers not less than two (2) inches in height. The use of the
9431630 owner’s Social Security number on the rear of the implement of
9441631 husbandry shall not b e required; and
945-
9461632 42. 46. “Vehicle remanufacturer” m eans a commercial entity
9471633 which assembles remanufactured vehicles.
948-
9491634 SECTION 6. AMENDATORY 47 O.S. 2021, Section 1112.2, as
9501635 amended by Section 1 26, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
9511636 2023, Section 1112.2), is amended to read as follows:
952-
953-Section 1112.2. A. Effective July 1, 2019, the The license
1637+Section 1112.2 A. Effective July 1, 2019, the The license
9541638 plate and certificate of re gistration shall be issue d to, and remain
9551639 in the name of, the owner of the vehicle registered and the license
9561640 plates shall not be transferable between motor veh icle owners. When
9571641 a vehicle is sold or tra nsferred in the state, the follo wing
9581642 registration procedures shall apply:
959-
9601643 1. When a current and valid Oklahoma motor vehicl e license
9611644 plate has been obtained for use on a motor vehicle and the vehicle
9621645 has been sold or otherwise transfe rred to a new owner, the license
9631646 plate shall be remov ed from the vehicle a nd retained by the origin al
9641647 plate owner;
965-
966-ENR. S. B. NO. 2035 Page 23
967-
9681648 2. In the event an owner purc hases, trades, exchanges , or
9691649 otherwise acquires another vehicle of the same license regis tration
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9701676 classification, Service Oklahoma sh all authorize the transfer of th e
9711677 current and valid license plate previously o btained by the owner to
9721678 the replacement vehicl e for the remainder of the current
9731679 registration period. In the event the owner acquires a vehicle
9741680 requiring payment of additional r egistration fees, the owner shal l
9751681 request a transfer of the license plate to t he newly acquired
9761682 vehicle and pay the differen ce in registration fees. The fee shal l
9771683 be calculated on a monthly prorated basis. The o wner shall not be
9781684 entitled to a refund:
979-
9801685 a. when the registration fee for th e vehicle to which th e
9811686 plate(s) is to be assig ned is less than the
9821687 registration fee for that vehicle to which the license
9831688 plate(s) was last assigned, or
984-
9851689 b. if the owner does not hav e or does not acquire another
9861690 vehicle to which the license plate may be tra nsferred;
987-
9881691 3. Except as provided in paragraph 4 of this subsection, in the
9891692 event the owner of a license plate or a dealer seller purchases,
9901693 trades, exchanges, or otherwise acquires a vehicle for which a
9911694 license plate has been issued during the current regis tration
9921695 period, and the license plate has not been removed by the previous
9931696 owner in accordance with this section, the new owner of the vehicle
9941697 shall remove and return the license p late to Service Oklahom a or a
9951698 licensed operator destroy or otherwise discard the license plate.
9961699 However, if the license plate has expired, the new owner shall not
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9971726 be required to surrender destroy or otherwise discard the license
9981727 plate;
999-
10001728 4. When a lender or lender’s agent repossesses a vehicle and
10011729 the license plate has not been re moved in accordance w ith this
10021730 section, the lender or lender’s agent shall not be subject to the
10031731 provisions of this section and the license plate shall be considered
10041732 removable personal property and may be reclaimed from the
10051733 repossessed vehicle; and
1006-
10071734 5. If a person purchases a m otor vehicle from which the number
10081735 plates have been removed pursuant t o this section, the person may
1009-
1010-ENR. S. B. NO. 2035 Page 24
10111736 operate the motor vehicle for fifteen (15) five (5) calendar days
10121737 from the date of purchase without nu mber plates if a dated,
10131738 notarized bill of sale is car ried in the motor vehicl e. If the
10141739 vehicle is subject to a lien, the p erson may obtain a thirty-day
10151740 ten-day temporary plate issued either from the dealer selle r or by a
10161741 licensed operator pursuant to the promulgation of rules by Service
10171742 Oklahoma to implement a licensed operator -issued temporary plate
10181743 pursuant to this paragrap h; and
1019-
10201744 6. a. Within two (2) business da ys of the date of sale or
10211745 transfer of the motor ve hicle, either the seller or
10221746 the purchaser of the motor vehicle shall complet e the
10231747 pre-registration of the vehicle by subm itting
10241748 documentation to Service Oklahoma or a licensed
10251749 operator identifying the motor vehicle subject to the
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10261776 sale or transfer, purchase r information, and any
10271777 associated state-issued license plate on the vehicle.
10281778 Pre-registration may be accomplished either in person
10291779 at Service Oklahoma or a licensed o perator location or
10301780 by means of an electronic transaction or online system
10311781 established by Service Oklahoma in accordance with
10321782 Section 1132B of this title. Service O klahoma or the
10331783 licensed operator shall:
1034-
10351784 (1) provide information and instructions to the
10361785 purchaser to complete the registration
10371786 transaction as required by the Oklahoma Vehicle
10381787 License and Registration Act ,
1039-
10401788 (2) if no license plate was transferred to the moto r
10411789 vehicle as a result of the purchase or tran sfer,
10421790 issue a license plate with a temporary d ecal to
10431791 the purchaser, and
1044-
10451792 (3) if there was an existing license plate
10461793 transferred to the motor vehicle, issue a
10471794 temporary decal to th e existing license plate,
10481795 and
1049-
10501796 b. upon the effective d ate of this act, Service Oklahoma
10511797 is authorized to set the licensed op erator
10521798 compensation pursuant to Section 3-103 of this title
1053-
1054-ENR. S. B. NO. 2035 Page 25
10551799 for processing the documentat ion submitted and issui ng
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10561826 the license plate and/or decal pursuant to this
10571827 subsection.
1058-
10591828 B. 1. The new owner of a motor ve hicle shall, within thirty
10601829 (30) calendar days two (2) months from the date of vehicle purchase
10611830 or acquisition, make application to reco rd the registration of the
10621831 vehicle by the transfer to, or purchase of, a lic ense plate for the
10631832 newly acquired vehicle with Service Oklahoma or the licensed
10641833 operator and shall pay all taxes and fees provided by law.
1065-
10661834 2. Any person failing to register a moto r vehicle by timely
10671835 transferring the license plate as provided by this secti on shall pay
10681836 the penalty levied in Section 11 32 of this title.
1069-
10701837 C. A surviving spouse, desi ring to operate a vehicle devolving
10711838 from a deceased spouse, shall present an application for certificate
10721839 of title to Service Oklahoma or the licensed operator in his or her
10731840 name within thirty (30) days two (2) months of obtaining ownership.
10741841 Service Oklahoma or the licensed operator shall then transfer the
10751842 license plate to the surviving spouse .
1076-
10771843 D. Service Oklahoma shall be authorized t o promulgate such
10781844 rules as may be required to impleme nt the license plate tra nsfers
10791845 authorized by this section including, b ut not limited to, such rules
10801846 as may be required for a system under which the license pla te is
10811847 registered to an individual and not a vehicle for all license plates
10821848 issued on or after Jul y 1, 2019.
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10831874
10841875 E. Service Oklahoma, the Oklahoma Motor Vehicle Commission and
10851876 the Oklahoma Used Motor Vehicle, Dis mantler, and Manufactured
10861877 Housing Commission are authorized to enter into contracts and
10871878 agreements for the implementation of an electronic system to
10881879 facilitate the entry of required vehicle purchaser infor mation on
10891880 new and used vehicle purchases and the is suance of temporary license
10901881 plates. Service Oklahoma and the Oklahoma Turnpike Authority are
10911882 authorized to enter into contracts and agreements to facilitate the
10921883 Oklahoma Turnpike Authority's access to an o wner's vehicle
10931884 registration information used by th e Oklahoma Turnpike Authority to
10941885 charge and collect tolls from owners of vehicles imaged using the
10951886 turnpike system, and to charge the Oklahoma Turnpike Authority for
10961887 services in connection with the Oklahoma Turnpike Authority's need
1097-
1098-ENR. S. B. NO. 2035 Page 26
10991888 to access owner registr ation information at such rates and
11001889 miscellaneous costs as may be agreed to by Service Oklahoma and the
11011890 Oklahoma Turnpike Authority. Service Oklahoma, in cooperation with
11021891 the Oklahoma Turnpike Authority as provided in this subsection, and
11031892 appropriate state agencies, com missions, and other organizations , is
11041893 directed to develop, promote, and coordinate a public awareness
11051894 program to be utilized in making Oklahomans aware of the
11061895 requirements of this section.
1107-
11081896 SECTION 7. AMENDATORY 47 O.S. 2021, Section 1112. 3, is
11091897 amended to read as follows:
11101898
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1924+Section 1112.3 A. Except as otherwise provided in subsec tion B
1925+of this section, at all times while a vehic le is being used or
1926+operated on the road s of this state, the operator of th e vehicle
1927+shall have in his or her poss ession or carry in the vehicle and
1928+exhibit upon demand to any peace officer of the state or duly
1929+authorized employee of the Department of Publ ic Safety, either a:
1930+1. Registration certificate, an electronic version of the
1931+registration certificate , or an official copy thereof. In addition,
1932+the vehicle operator may redact home address information printed on
1933+the registration certificate;
1934+2. True copy of rental or lease documentation is sued for a
1935+motor vehicle;
1936+3. Registration certificate, an electronic version of the
1937+registration certificate, or an official copy thereof issued for a
1938+replacement vehicle in the same registration period. In additio n,
1939+the vehicle operator may redact home address information printed on
1940+the registration certificate;
1941+4. Temporary receipt printed upon self-initiated electronic
1942+renewal of a registration via the Internet; or
1943+5. Cab card issued for a vehicle registered un der the
1944+International Registration Plan.
1945+B. The provisions of subsection A of this section shall not
1946+apply to the first thirty (30) days two (2) months after purchase of
1947+a replacement vehicle.
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1974+SECTION 8. AMENDATORY 47 O.S. 2021, Section 1113, as
1975+last amended by Section 127, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
1976+2023, Section 1113), is amen ded to read as follows:
1977+Section 1113. A. 1. E xcept for all-terrain vehicles, utility
1978+vehicles and motorcycles used exclusively off roads an d highways,
1979+upon the filing of a registr ation application and the payment o f the
1980+fees provided for in the Oklahoma Vehicle License and Registration
1981+Act, Service Oklahoma or the Corporation Commission, as applicable,
1982+shall assign to the vehicle described in the application a
1983+distinctive number, a nd issue to the owner of the vehicl e a
1984+certificate of registration, one li cense plate and a yearly decal,
1985+unless otherwise previously issued pursuant to the Oklahoma Vehicle
1986+License and Registration Act . Service Oklahoma shall assign an all -
1987+terrain vehicle, utility vehicle or motorcycle us ed exclusively off
1988+roads and highways a distinctive number and issue to the owner a
1989+certificate of registration and a decal but not a license plate.
1990+For each subsequent registratio n year, Service Oklahoma shall issue
1991+a yearly decal to be affixed to the li cense plate, except for an
1992+all-terrain vehicle, utility vehicle or motorcycle used excl usively
1993+off roads and highways. The initial decal for an all-terrain
1994+vehicle, utility vehicle or motorcycle shall be attached to the
1995+front of the vehicle and shall be i n clear view. The decal shall be
1996+on the front or on the front fork of the motorcycle u sed exclusively
1997+off roads and highways an d the decal shall be in clear view. The
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2024+yearly decal shall have an identification number and the last two
2025+numbers of the regist ration year for which it shall expire. Except
2026+as provided by Section 1113A of this tit le, the license plate shall
2027+be affixed to the exterior of the vehicle until a replacement
2028+license plate is applied for. If the owner applies for a
2029+replacement license p late, Service Oklahoma shall charge the fee
2030+provided for in Section 1114 of this title. The yearly decal will
2031+validate the license plate for each registration period other than
2032+the year the license plate is issued. The license plate and decal
2033+shall be of such size, color, design , and numbering as Service
2034+Oklahoma may direct. However, year ly decals issued to the owner of
2035+a vehicle who has filed an affidavit with the appropriate lic ensed
2036+operator in accordance with Sectio n 7-607 of this title shall be a
2037+separate and distinct color from all othe r decals issued under this
2038+section. Before the effective date of this act, Service Oklah oma
2039+shall also issue a monthly decal which shall incl ude a two-letter
2040+abbreviation correspond ing to the county in which the vehi cle is
2041+registered. Service Oklahoma sh all issue all decals in the
2042+possession of Servic e Oklahoma on the effective date of this act
2043+before issuing any decals which do not contain th e county
2044+abbreviation.
2045+2. a. The operation of a street-legal utility vehicl e on the
2046+streets and highways of this s tate requires the
2047+vehicle be issued a certificat e of registration and
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2074+license plate to be renewed annually. Upon the filing
2075+of a registration application and the payment of the
2076+fees provided for in the Oklahoma Vehic le License and
2077+Registration Act, Servic e Oklahoma or the Corporation
2078+Commission, as applicable, shall assign to the vehicle
2079+described in the application a distinctive number, and
2080+issue to the owner of the vehicle a certif icate of
2081+registration, one license plate and a yearly decal.
2082+For each subsequent registration year, Service
2083+Oklahoma shall issue a yearly decal to be affixed to
2084+the license plate. The initial decal for a street -
2085+legal utility vehicle shall be attached to the front
2086+of the vehicle and shall be in clear view. The yearly
2087+decal shall have an identification number and the last
2088+two numbers of the registration year for which it
2089+shall expire. Except as provided by Section 1 113A of
2090+this title, the license plate sh all be affixed to the
2091+exterior of the vehicle until a replacement license
2092+plate is issued. If the owner applies for a
2093+replacement license plate, Service Oklahoma shall
2094+charge the fee provided for in Section 1114 of this
2095+title. The yearly decal will valid ate the license
2096+plate for each registration period other than the year
2097+the license plate is issued. The license plate and
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2124+decal shall be of such size, color, design , and
2125+numbering as Service Oklahoma may direct. Ho wever,
2126+yearly decals issued to the owner of a vehicle who has
2127+filed an affidavit with the appropriate licensed
2128+operator in accordance with Section 7-607 of this
2129+title shall be a separate and distinct col or from all
2130+other decals issued under this section.
2131+b. Service Oklahoma shall design and issu e a temporary
2132+tag to out-of-state owners of street-legal utility
2133+vehicles. The temporary tag shall be recognized in
2134+lieu of registration in this state. The temporar y tag
2135+shall clearly indicate the date of issuance and the
2136+date of expiration, which shall be five (5) days,
2137+including the day of issuance. Upon application for a
2138+temporary tag, the out-of-state owner shall show proof
2139+of insurance coverage that satisfie s the requirements
2140+of the Compulsory Insurance Law pu rsuant to Section 7-
2141+600 et seq. of this title. Service Oklahoma is
2142+authorized to promulgate rules and procedures to
2143+implement the provisions of this paragraph.
2144+3. The license plate shall be securely attac hed to the rear of
2145+the vehicle, except truck -tractor plates which shall be attached to
2146+the front of the vehicle. Service Okl ahoma may, with the
2147+concurrence of the Department of Public Safety, by Joint Rule,
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2174+change and direct the manner, place, and location of display of any
2175+vehicle license plate when suc h action is deemed in the public
2176+interest. The license plate, decal and al l letters and numbers
2177+shall be clearly visible at all times. The operation of a vehicl e
2178+in this state, regardless of where such ve hicle is registered, upon
2179+which the license plate is covered, overlaid , or otherwise screened
2180+with any material, whether such material be clear, translucent,
2181+tinted or opaque, shall be a violation of this paragra ph.
2182+4. Upon payment of the annual regist ration fee provided in
2183+Section 1133 of this title, Se rvice Oklahoma or the Corporation
2184+Commission, as applicable, or a licensed operator may issue a
2185+permanent nonexpiring license plate to an owner of one hundred or
2186+more commercial motor vehicles and for vehic les registered under the
2187+provisions of Section 112 0 of this title. Upon payment of the
2188+annual registration fee, Service Okla homa or the Corporation
2189+Commission shall issue a certificate of registration that shall be
2190+carried at all times in the vehicle f or which it is issued.
2191+Provided, if the registrant s ubmits its application through
2192+electronic means, such qualified owners of o ne hundred or more
2193+commercial motor veh icles, properly registered pursuant to the
2194+provisions of Section 1133 of this title, may ele ct to receive a
2195+permanent certificate of registrat ion that shall be carried at all
2196+times in the vehicle for which it is issue d.
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2223+5. Every vehicle owned by an agency of this state shall be
2224+exempt from the payment of registration fees required by this tit le.
2225+Provided, such vehicle shall be registered and s hall otherwise
2226+comply with the provision s of the Oklahoma Vehicle License a nd
2227+Registration Act.
2228+B. The license plates required under the provisions of this
2229+title shall conform to the requirements and speci fications listed
2230+hereinafter:
2231+1. Each license pla te shall have a space for the placement of
2232+the yearly decals for each succe eding year of registration after the
2233+initial issue;
2234+2. The provisions of the Oklahoma Vehicle License and
2235+Registration Act rega rding the issuance of yearly decals shall not
2236+apply to the issuance of apportioned license pl ates, including
2237+license plates for state vehicles, and exempt plates for
2238+governmental entities and fire departments organi zed pursuant to
2239+Section 592 of Title 18 of t he Oklahoma Statutes;
2240+3. All license plates and d ecals shall be made with
2241+reflectorized material as a background to the lett ers, numbers and
2242+characters displayed t hereon. The reflectorized material shall be
2243+of such a nature as to provide effective and dependable brightness
2244+during the service period for which the license plate or decal is
2245+issued;
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2272+4. Except as otherwise provide d in this subsection, Service
2273+Oklahoma shall design appropriate official license plates for all
2274+state vehicles. Such license plate s shall be permanent in nature
2275+and designed in such manner as to remain with the vehicle f or the
2276+duration of the vehicle’s li fe span or until the title is
2277+transferred to a nongovernmental owner;
2278+5. Within the limits prescribed in this section, Service
2279+Oklahoma shall design appropriate official license pl ates for
2280+vehicles of the Oklahoma Highwa y Patrol. The license plates shall
2281+have the legend “Oklahoma OK” and shal l contain the letters “OHP”
2282+followed by the stat e seal and the badge number of the Highway
2283+Patrol officer to whom the vehicle is assigned. Th e words “Oklahoma
2284+Highway Patrol” shall also be included on such license pl ates;
2285+6. Within the limits prescribed in this section, Service
2286+Oklahoma shall design a ppropriate official license plates for
2287+vehicles of the Oklahoma Military Department of the State of
2288+Oklahoma. Such license plates sha ll have the legend “Oklahoma OK”
2289+and shall contain the letters “OMD” follo wed by the state seal and
2290+three numbers or lette rs as designated by the Adjutant General. T he
2291+words “Oklahoma Military Department” shall also be included on such
2292+license plates;
2293+7. Within the limits prescribed in th is section, Service
2294+Oklahoma shall design appropriate official license plates for
2295+vehicles of the Oklahoma Department of Correct ions. Such license
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2322+plates shall contain the letters “DOC” followed by the Department of
2323+Corrections badge and three numbers or letters or combination of
2324+both as designated by the Director of the agency. The words
2325+“Department of Corrections” shall also be in cluded on such license
2326+plates; and
2327+8. Within the limits prescribed in this section, the O klahoma
2328+Tourism and Recreation Depa rtment shall design any license plates
2329+required by the initiation of a license plate re issuance by Service
2330+Oklahoma at the reque st of the Department of Public Safety pursuant
2331+to the provisions of Section 1113.2 of this ti tle. Any such new
2332+designs shall be submitted by the Oklahoma Tourism and Recreation
2333+Department to the Department of Publi c Safety for its approval prior
2334+to being issued by Service Oklahoma.
2335+C. Where the applicant h as satisfactorily shown that the
2336+applicant owns the vehicle sought to be re gistered but is unable to
2337+produce documentary evidence of the ownership, a license plat e may
2338+be issued upon approval by Service Oklahoma or the Corporation
2339+Commission, as applicable . In such instances the reason for not
2340+issuing a certificate of title shal l be indicated on the receipt
2341+given to the applicant. It shall still be the duty of th e applicant
2342+to immediately take all necessar y steps to obtain the Oklahoma
2343+certificate of title and it shall be unlawful for the appli cant to
2344+sell the vehicle until the certificate has been obtained in the
2345+applicant’s name.
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2372+D. The certificate of registrat ion provided for in this section
2373+shall be in convenient form, and the certificate of registrat ion, or
2374+a certified copy or photostatic copy thereof, duly authenticated by
2375+Service Oklahoma or the Corporation Co mmission, as applicable, shall
2376+be carried at all times in or upon all vehicles so registered , in
2377+such manner as to permit a ready examination thereof upon demand by
2378+any peace officer of the state or duly authorized em ployee of the
2379+Department of Public Safe ty. Any such officer or agent may seize
2380+and hold such vehicle when the operator of the s ame does not have
2381+the registration certificate in the operator’s possession or when
2382+any such officer or agent determines that th e registration
2383+certificate has been obt ained by misrepresentation of any essential
2384+or material fact or when any number or identifyi ng information
2385+appearing on such certificate has b een changed, altered, obliterated
2386+or concealed in any way, until the proper registration or
2387+identification of such vehicle has been made or produced by the
2388+owner thereof.
2389+E. The purchaser of a new or us ed manufactured home shall,
2390+within thirty (30) days o f the date of purchase, register the hom e
2391+with Service Oklahoma or a licens ed operator pursuant to the
2392+provisions of Section 1117 of this title. For a new manufa ctured
2393+home, it shall be the responsibility of the dealer selling the home
2394+to place a temporary license plate on the home in the same manner as
2395+provided in Section 1128 of this title for other new motor vehic les.
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2422+For the first year that any manufactured h ome is registered in this
2423+state, Service Oklahoma shall issue a metal license plate which
2424+shall be affixed to the manufactured home. The temporary dealer
2425+license plate or the metal license plate shall be dis played on the
2426+manufactured home at all times whe n upon a public roadway; provided,
2427+a repossession affidavit issued pursuant to Sections 1110 a nd 1126
2428+of this title shall be permissib le in lieu of a current license
2429+plate and decal for the purposes of removi ng a repossessed
2430+manufactured home to a secure l ocation. Manufactured homes
2431+previously registered and subject to ad valorem taxation as provi ded
2432+by law shall have a decal affixed at the time ad valorem taxes are
2433+paid for such manufactured home; provided, for a manufactured home
2434+permanently affixed to r eal estate, no decal or license plate shall
2435+be required to be affixed and the owner thereof sh all be given a
2436+receipt upon payment of a d valorem taxes due on the home. S ervice
2437+Oklahoma shall make sufficient p lates and decals available to the
2438+various licensed operators of the state in order for an owner of a
2439+manufactured home to acquire the plate or decal. A one-dollar fee
2440+shall be charged for issuance of any plate or dec al. The fee shall
2441+be apportioned each month to the General Revenue Fund of the State
2442+Treasury.
2443+F. The decal shall be easily visib le for purposes of
2444+verification by a county assess or that the manufactured home is
2445+properly assessed for ad valorem taxation. In the first year of
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2472+registration, a decal shall be issued for placement on the licen se
2473+plate indicating payment of applicable registration fees and excise
2474+taxes. A duplicate man ufactured home registration decal shall be
2475+affixed inside the window neares t the front door of the manufactured
2476+home. In the second and all subsequent years for which the
2477+manufactured home is subject to ad valorem taxation, an annual decal
2478+shall be affixed inside the window nearest the front do or as
2479+evidence of payment of ad val orem taxes. Service Oklahoma shall
2480+issue decals to the various county treasurers of th e state in order
2481+for a manufactured home owner to obtain such decal each year. Upon
2482+presentation of a valid ad valorem tax receipt, t he manufactured
2483+home owner shall be issued the annual decal.
2484+G. Upon the registration of a manufactured home in this stat e
2485+for the first time or upon discovery of a manufactured home
2486+previously registered within thi s state for which the information
2487+required by this subsection is not known, Service Oklahoma shall
2488+obtain:
2489+1. The name of the owner of the manufactured home;
2490+2. The serial number or identification numb er of the
2491+manufactured home;
2492+3. A legal description or address of the location for the home;
2493+4. The actual retail selling pric e of the manufactured home
2494+excluding Oklahoma taxes;
2495+5. The certificate of title numbe r for the home; and
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2522+6. Any other informatio n which Service Oklahoma deems to be
2523+necessary.
2524+The application for registration shall als o include the school
2525+district in which the manufactured home is located or is to be
2526+located. The information shall be ent ered into a computer data
2527+system which shall be used by Service Oklahoma to provide
2528+information to county assessors upon request by th e assessor. The
2529+assessor may request any information from the system in o rder to
2530+properly assess a manufactured home for ad valorem taxation.
2531+SECTION 9. AMENDATORY 47 O.S. 2021, Section 111 3A, as
2532+amended by Section 128, Chapter 2 82, O.S.L. 2022 (47 O.S. Supp.
2533+2023, Section 1113A), is amended to read as follows:
2534+Section 1113A. A. As used in this se ction:
2535+1. “First vehicle” means the vehi cle from which a license plate
2536+is removed and transfe rred to a second vehicle;
2537+2. “Second vehicle” means the vehicle to which a license plate
2538+is transferred after rem oval from a first vehicle; and
2539+3. “Vehicle” means a passenger vehicle and does not include
2540+farm or commercial vehicles.
2541+B. A person may reta in the license plate of any vehicle
2542+registered to such person for purposes of transferring such license
2543+plate to a second vehicle registered to such person. The license
2544+plate removed from the first vehi cle may be transferred to a new or
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2571+used second vehicle. The procedure for transfer shall be as
2572+follows:
2573+1. If the license plat e removed from the first vehicle is
2574+transferred to a new motor vehicle, the owner shall obtain a
2575+replacement license plate from Ser vice Oklahoma or one of its
2576+licensed operators within ten (10) days of removal of the lice nse
2577+plate and upon payment of the f ee required for a replacement plate
2578+and an additional Ten Dollars ($10.00). The replac ement plate shall
2579+bear an expiration date that corresponds to the expiration date on
2580+the license plate removed from the first vehicle. The replacement
2581+plate shall be affixed to the first vehicle immediately upon removal
2582+of the existing license plate. The license plate removed from the
2583+first vehicle shall be affixed to the second vehicle upon payment by
2584+the owner of all applicable regis tration and license fees
2585+immediately. Additionally, within two (2) busine ss days of the date
2586+of the sale or transfer of t he motor vehicle, the parties must
2587+submit the requisite documentation to Service Oklahoma or a licensed
2588+operator identifying the motor vehicle subject to the sale or
2589+transfer, purchaser information, and any a ssociated license plate on
2590+the vehicle, pursuant to the requirements of Section 1112.2 of th is
2591+title. For sales involving a dealer seller, th e dealer must submit
2592+the requisite documentation to Service Oklahoma or a l icensed
2593+operator within two (2) busines s days. Transfer of a license plate
2594+to a new motor vehicle as authorized by this paragra ph shall not
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2621+relieve the owner of payment for registr ation or license fees
2622+applicable to such new motor vehicle as required by t his title.
2623+2. If the license plate rem oved from the first vehicle is
2624+transferred to a second vehicle already displaying a license plate,
2625+the owner shall obtain the replacement lice nse plate required by
2626+paragraph 1 of this subsection. The replacement plat e shall be
2627+affixed to the first vehicle and shall bear the expiration date of
2628+the license plate removed from the first vehicle. The license plate
2629+from the second vehicle shall be r emoved and returned to Service
2630+Oklahoma or one of its licensed operators. The license plate
2631+removed from the firs t vehicle shall then be affixed to the second
2632+vehicle. The removed plate from the first veh icle shall bear an
2633+expiration date identical to th e plate removed from the second
2634+vehicle. Additionally, within two (2) busi ness days of the date of
2635+the sale or transfer of the motor vehicle, the parties must su bmit
2636+the requisite documentation to Servi ce Oklahoma or a licensed
2637+operator identifying the mo tor vehicle subject to the sale or
2638+transfer, purchaser information, and any associated license plate on
2639+the vehicle, pursuant to the requirements of Section 1112. 2 of this
2640+title.
2641+C. Service Oklahoma shall be authorized to promulgate such
2642+rules or regulations as may be required to implement the license
2643+plate transfers authorized by this section.
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2670+D. In the event a per son fails to obtain a replacement license
2671+plate as provided for in this section within th e time prescribed for
2672+the registration of the new or used second vehicle, a penalty of
2673+twenty-five cents ($0.25) per day shall b e assessed from the day
2674+following the period prescribed for registration to the date of
2675+acquisition of the replacement license plat e, such penalty to accrue
2676+for no more than thirty (30) days, at the end of which time the
2677+penalty shall be twice the registra tion cost of such vehicle.
2678+SECTION 10. AMENDATORY 47 O.S. 2021 , Section 1132, as
2679+last amended by Sectio n 146, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2680+2023, Section 1132), is amended to read as fol lows:
2681+Section 1132. A. For all ve hicles, unless otherwise
2682+specifically provided by the Oklahoma Vehicle License and
2683+Registration Act, a registration fee shall be as sessed at the time
2684+of initial registration by the owner and annually thereafter, for
2685+the use of the avenues of public access within this state in the
2686+following amounts:
2687+1. For the first through the fourth year o f registration in
2688+this state or any other state, Eighty-five Dollars ($85.00);
2689+2. For the fifth through the eighth year of registrati on in
2690+this state or any other state , Seventy-five Dollars ($75.00);
2691+3. For the ninth through the twelfth year of registra tion in
2692+this state or any other state, Fifty -five Dollars ($55.00);
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2719+4. For the thirteenth thr ough the sixteenth year of
2720+registration in this state or any other state, T hirty-five Dollars
2721+($35.00); and
2722+5. For the seventeenth and any following year of regi stration
2723+in this state or any other state , Fifteen Dollars ($15.00).
2724+The registration fee prov ided for in this subsection shall be in
2725+lieu of all other taxes, general or local, unless otherwise
2726+specifically provided.
2727+On and after January 1, 2022, if a phys ically disabled license
2728+plate is issued purs uant to paragraph 3 of subsection B of Section
2729+1135.1 of this title, any registration fee required for such license
2730+plate and the fee required pursuant to this subs ection shall be
2731+remitted at the same time and su bject to a single registration
2732+period. Upon receipt of a physically disabled license plate, t he
2733+standard issue standard-issue license plate must be surrendered to
2734+Service Oklahoma or the licensed operator. The physically disabled
2735+license plate must be pr operly displayed as required for a standard
2736+issue standard-issue license plate and will be the sole license
2737+plate issued and assigned to the vehicle. Service Oklahoma s hall
2738+determine, by rule, a method for m aking required fee adjustments
2739+when a physically disabled license plate is obtained durin g a
2740+twelve-month period for which a registration fee has already been
2741+remitted pursuant to th is subsection. The combination of fees in a
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2768+single remittance shall not a lter the apportionment otherwise
2769+provided for by law.
2770+B. For all-terrain vehicles and motor cycles used exclusively
2771+for use off roads or highw ays purchased on or after July 1, 2005,
2772+and for all-terrain vehicles and mo torcycles used exclusively for
2773+use off roads or highways purchased prior to July 1, 200 5, which the
2774+owner chooses to register pu rsuant to the provisions of Section
2775+1115.3 of this title, an initial and nonrecurring registr ation fee
2776+of Eleven Dollars ($11.00 ) shall be assessed at the time of init ial
2777+registration by the owner. Nine Dollars ($9 .00) of the registration
2778+fee shall be deposited in the Oklahoma Tax Commission Reimbursement
2779+Fund through December 31, 2022, and begin ning January 1, 2023, this
2780+fee shall be deposited in the Service Oklahoma Reimbursement Fund.
2781+Two Dollars ($2.00) of the registration fee shall be retained by the
2782+licensed operator. The fees required by subsection A of this
2783+section shall not be required for all-terrain vehicles or
2784+motorcycles used exclusively off roads and hig hways.
2785+C. For utility vehicles used exclusively for use off roads or
2786+highways purchased on or after July 1, 2008, and for utility
2787+vehicles used exclusively for use off roads or high ways purchased
2788+prior to July 1, 200 8, which the owner chooses to register pursuant
2789+to the provisions of Section 1115.3 of this title, an initial and
2790+nonrecurring registration fee of Eleven Dollars ($11.00) shall be
2791+assessed at the time of initial registrat ion by the owner. Nine
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2818+Dollars ($9.00) of the registration fee shall be d eposited in the
2819+Oklahoma Tax Commission Reimburs ement Fund through December 31,
2820+2022, and beginning January 1, 2023, this fee shall be deposit ed in
2821+the Service Oklahoma Reimbursement Fund. Two Dollars ($2.00) of the
2822+registration fee shall be retained by t he licensed operator. The
2823+fees required by subs ection A of this section shall not be req uired
2824+for utility vehicles used exclusively off roads and highways.
2825+D. There shall be a cred it allowed with respect to the fee for
2826+registration of a new vehicle which is a replacement for:
2827+1. A new original vehicl e which is stolen from the
2828+purchaser/registrant within ninety (90) days of the date of purchas e
2829+of the original vehicle as certified b y a police report or other
2830+documentation as required by Service Oklahoma; or
2831+2. A defective new original vehicle returned by the
2832+purchaser/registrant to the selle r within six (6) months of the date
2833+of purchase of the defective new original vehicle as cert ified by
2834+the manufacturer.
2835+The credit shall be in the amount of the fee fo r registration
2836+which was paid for the new origin al vehicle and shall be applied to
2837+the registration fee for the replacement vehicle. In no ev ent will
2838+the credit be refunded.
2839+E. Upon every transfer or change of owner ship of a vehicle, the
2840+new owner shall obtain title for and, except in the case of salv age
2841+vehicles and manufactured homes, regi ster the vehicle within thirty
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2868+(30) days two (2) months of change of ownership and pay a tran sfer
2869+fee of Fifteen Dollars ($15.00 ) in addition to any other fees
2870+provided for in the Oklahoma Vehicle License and Regist ration Act.
2871+Additionally, within two (2) bu siness days of the date of the sale
2872+or transfer of the motor vehicle, the parties must sub mit the
2873+requisite documentation to Service Oklahoma or a licensed operator
2874+identifying the motor vehicle subject to the sa le or transfer,
2875+purchaser information, an d any associated license plate on the
2876+vehicle, pursuant to the requirements of Section 1112.2 of this
2877+title. No new decal shall be issued to the registrant for an
2878+existing license plate. Thereafter, the owner shal l register the
2879+vehicle annually on the anniv ersary date of its initial registration
2880+in this state and shall pay the fees provided in s ubsection A of
2881+this section and rec eive a decal evidencing such payment. Provided,
2882+used motor vehicle dealers shall be ex empt from the provisions of
2883+this section.
2884+F. In the event a new or used vehicle is not regist ered,
2885+titled, and tagged within thirty (30) days two (2) months from the
2886+date of transfer of ownership, the penalt y for the failure of the
2887+owner of the vehicle to register the vehicle within thirty (30) days
2888+two (2) months shall be One Dollar ($1.00) per d ay, provided that in
2889+no event shall the penalty exceed One Hundred Dollars ($100.00). No
2890+penalty shall be waived by Service Oklahoma or any licensed operator
2891+except as provided in subsection C of Sectio n 1127 of this title.
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2918+Of each dollar one-dollar penalty collected pursuant to this
2919+subsection:
2920+1. Twenty-one cents ($0.21) sha ll be apportioned as provided in
2921+Section 1104 of this title;
2922+2. Twenty-one cents ($0.21) shall be retained by the licensed
2923+operator; and
2924+3. Fifty-eight cents ($0.58) shall be depo sited in the General
2925+Revenue Fund.
2926+SECTION 11. AMENDATORY 47 O.S. 2021, Section 1137.1, a s
2927+last amended by Section 1, Chapter 262, O.S.L. 2023 (47 O.S. Supp.
2928+2023, Section 1137.1 ), is amended to read as follows:
2929+Section 1137.1 A. Except for vehicles, travel trailers or
2930+commercial trailers which display a current Oklahoma license tag,
2931+upon the purchase or transfer of ownership of a used mo tor vehicle,
2932+travel trailer or commercial tr ailer, including an out-of-state
2933+purchase or transfer of the same, to a licensed used moto r vehicle
2934+dealer, wholesale used mo tor vehicle dealer, used travel trailer
2935+dealer or used commercial trailer dealer, subse quently referred to
2936+in this section as “ dealer”, the dealer shall affix a used dealer’s
2937+plate visible from the rear of the vehicle, tr avel trailer or
2938+commercial trailer. Such license plate shall expire on De cember 31
2939+of each year. When the vehicle, trave l trailer or commercial
2940+trailer is parked on the dealer’s licensed place of business, it
2941+shall not be required to have a license plate of any kind affixed.
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2968+A dealer shall obtain from Service Oklahoma at a co st of Ten Dollars
2969+($10.00) a dealer license plat e for demonstrating, transporting or
2970+any other normal business of a dealer including use by a n individual
2971+holding a valid salesperson’ s license issued by the Oklahoma Us ed
2972+Motor Vehicle and Parts, Dismantler, and Manufactured Housing
2973+Commission. Any deale r who operates a wrecker or towing service
2974+licensed pursuant to Sections 951 through 957 of t his title shall
2975+register each wrecker veh icle and display a wrecker license plate on
2976+each vehicle as required by Se ction 1134.3 of this title. A dealer
2977+may obtain as many additional license plates as ma y be desired upon
2978+the payment of Ten Dollars ($10.00) for each additional license
2979+plate. Use of the used dealer license plate by a licensed dealer
2980+for other than the p urposes as set forth herein shall constitute
2981+grounds for revocation of the dealer’s license. Service Oklahoma
2982+shall design the official used dealer license plate to include the
2983+used dealer’s license number issued to him or her each year by
2984+Service Oklahoma or the Oklahoma Used Motor Vehicle and Parts,
2985+Dismantler, and Manufactured Housing Commission.
2986+B. Upon the purchase or transfer of ownersh ip of an out-of-
2987+state used motor vehicle, travel trailer or commercial trail er to a
2988+licensed dealer, the dealer sha ll make application for an Oklahoma
2989+certificate of title pursuant to the Oklahoma Vehicle Li cense and
2990+Registration Act, Section 1101 et seq. of this title. Upon receipt
2991+of the Oklahoma certificate of title, the deale r shall follow the
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3018+procedure as set for th in subsection A of this section. Provided,
3019+nothing in this title shall be construed as requiring a dealer to
3020+register a used motor vehicl e, travel trailer or commercial trailer
3021+purchased in another state which wil l not be operated or sold in
3022+this state.
3023+C. Upon sale or transfer of ownership of the used motor vehicle
3024+or travel trailer, the de aler shall place upon the reassignment
3025+portion of the certificate of title a tax stamp iss ued by the county
3026+treasurer of the county in which the dealer has his or h er primary
3027+place of business. The tax stamp sha ll be issued upon payment of a
3028+fee of Three Dollars and fifty cents ($3.50) and shall be in l ieu of
3029+the dealer’s ad valorem tax on the inventories of used motor
3030+vehicles or travel trailers but shall not relie ve any other property
3031+of the dealer from ad valo rem taxation.
3032+D. Upon sale of a used motor vehicle or travel trailer to
3033+another licensed dea ler, the selling dealer shall place the t ax
3034+stamp required in subsection C o f this section upon the certificate
3035+of title. The used dealer license plate or wholesa le dealer license
3036+plate shall be removed by the selling dealer. The purchasing dealer
3037+shall, at time of purchase, place his or her de aler license plate on
3038+the used motor vehicle, travel trailer or commercial trailer as
3039+provided in subsection A of this sec tion; provided, for vehicles,
3040+travel trailers or commercial trailers purchased by a licensed used
3041+dealer at an auction, in lieu of suc h placement of the dealer
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3068+license plate, the auction may provide temporary documentation as
3069+approved by the Director of th e Motor Vehicle Division of Service
3070+Oklahoma for the purpose of transporting such vehicle to the
3071+purchaser’s point of destination. Su ch temporary documentation
3072+shall be valid for two (2) days following the d ate of sale.
3073+E. 1. The purchaser of every used motor vehicle, travel
3074+trailer, or commercial trailer, except as otherwise provided by law,
3075+shall obtain registration and title for th e vehicle or trailer
3076+within two (2) months from the date of purchase of sa me. It shall
3077+be the responsibility of the selli ng dealer to place a temporary
3078+license plate, in size similar to the permanent Oklahoma licen se
3079+plate but of a weatherproof plastic -impregnated substance ten-mil
3080+weatherproof plastic-impregnated paper approved by the Oklahoma Used
3081+Motor Vehicle and Parts, Dismantler, and Manufactured Housing
3082+Commission, upon a used motor vehicle, travel trailer or commercial
3083+trailer when a transaction is completed for the sale of said such
3084+vehicle. Provided, upon a determinat ion by the Commission that
3085+there exists a nation al shortage of ten-mil weatherproof plas tic-
3086+impregnated paper, eight -mil weatherproof plastic -impregnated paper
3087+may be approved by the Commission until it has been deter mined by
3088+the Commission the shortage ha s ended. The temporary license plate
3089+under this subsection shall be placed at the location provided for
3090+the permanent motor vehicle license plate. The temporary license
3091+plate shall show the license number which is i ssued to the dealer
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3118+each year by Service Oklahoma or the Oklahoma Used Motor Vehicle and
3119+Parts, Dismantler, and Manufactured Ho using Commission, the date the
3120+used motor vehicle, tr avel trailer or commercial trailer was
3121+purchased of expiration, and the company name of the selling dealer.
3122+2. The Oklahoma Used Motor Vehicle and Parts, Dismantler, and
3123+Manufactured Housing Commission is hereby directed to develop the
3124+temporary license plate design to incorporate these requirem ents in
3125+a manner that will permit l aw enforcement personnel to readily
3126+identify the dealer license number and date of the vehicle purchase
3127+expiration. The Oklahoma Used Motor Vehicle and Parts, Dismantler,
3128+and Manufactured Housing Commission is hereby aut horized to develop
3129+additional requirements and parameters as deemed approp riate to
3130+discourage or prevent illegal duplicati on and use of the temporary
3131+license plate. Such temporary license plate shall be valid for a
3132+period of two (2) months ten (10) days from the date of purchase.
3133+Use of the temporary license by a dealer for ot her than the purposes
3134+set forth herein shall con stitute grounds for revocation of the
3135+dealer’s license to conduct business. Purchasers of a commercial
3136+trailer shall affix the tempor ary license plate to the rear of th e
3137+commercial trailer. The purchaser sh all display the temporary
3138+license plate for a pe riod not to exceed two (2) months ten (10)
3139+days or until registration and title are obtained as provided in
3140+this section.
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3167+3. The provisions of this subsection on tempor ary licenses
3168+shall apply to nonresident s who purchase a used motor vehicle,
3169+travel trailer, or commercial trailer within this s tate that is to
3170+be licensed in another state. The no nresident purchaser shall be
3171+allowed to operate the vehicle or trailer withi n the state with a
3172+temporary license pl ate for a period not to exceed two (2) months
3173+ten (10) days from date of purchase. Any nonresident purcha ser
3174+found to be operating a used motor vehicle, t ravel trailer, or
3175+commercial trailer within this state after t wo (2) months shall be
3176+subject to the registra tion fees of this state upon the same ter ms
3177+and conditions applying to residents of this state . Additionally,
3178+within two (2) business days of the date of the sale or transfer of
3179+the vehicle or trailer, the par ties shall submit the requisite
3180+documentation to Service Oklahoma or licensed operator identifying
3181+the vehicle or trailer subject to the sale or transfer, purchaser
3182+information, and any associated license plate on the veh icle,
3183+pursuant to the requirements of Section 1112.2 of this title .
3184+F. It shall be unlawful for any dealer to procure t he
3185+registration and licensing of any used motor vehicle, travel trailer
3186+or commercial trailer sold by the dealer or to act as the agent for
3187+the purchaser in the procuremen t of the registration and licensing
3188+of the purchaser’s used vehicle, travel trailer, or commercial
3189+trailer. A license of any dealer violating the provision of this
3190+section may be revoked.
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3217+G. Dealers following the proced ure set forth herein shall not
3218+be required to register vehicles, tr avel trailers, or commercial
3219+trailers to which this s ection applies, nor will the registration
3220+fee otherwise required be assessed. Provided, dealers shall not
3221+purchase or trade for a used motor vehicle, travel trailer, or
3222+commercial trailer on which the regis tration therefor has been
3223+expired for a period ex ceeding two (2) months without obtaining
3224+current registration therefor.
3225+H. A nonprofit charitable organization whi ch is exempt from
3226+taxation pursuant to the provisions of the Internal Revenue Code, 26
3227+U.S.C., Section 501(c)(3), and which accepts donations of used motor
3228+vehicles previously titled in Oklahoma to be subsequently
3229+transferred to another owner, upon the qua lifying organization
3230+providing sufficient documentation of its tax-exempt status, may
3231+obtain from Service Oklahoma charitable nonprofit organ ization
3232+license plates for demonstrating, transporting , or test-driving
3233+donated vehicles, provided that no organiza tion shall possess or use
3234+at any one time more than eigh t such plates. Service Oklahoma shall
3235+design distinctive license plates for that pur pose. The cost for
3236+said such plates shall be the same as provided in subsection A of
3237+this section for dealer plate s.
3238+I. The transfer of ownership from the vehicle donor to the
3239+qualifying nonprofit organiza tion described in subsection H of this
3240+section shall be made without the payment of motor vehicle excise
3241+
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3267+tax levied pursuant to Section 2103 of Title 68 of the Okla homa
3268+Statutes.
3269+SECTION 12. AMENDATORY 47 O.S. 2021, Section 113 7.2, as
3270+amended by Section 171, Chapter 282, O.S.L. 2 022 (47 O.S. Supp.
3271+2023, Section 1137.2), is amended to read as follows:
3272+Section 1137.2 Service Oklahoma The Oklahoma New Motor Vehicle
3273+Commission and the Oklahoma Used M otor Vehicle, Dismantler, and
3274+Manufactured Housing Commission shall have the sole authority to
3275+grant the power to issue the dealer license plate specified in
3276+subsection A of Section 1137.1 of this tit le to authorized temporary
3277+license plate vendors, pursua nt to the provisions of Section 2 of
3278+this act.
3279+SECTION 13. AMENDATORY 47 O.S. 2021, Section 1137.3, as
3280+last amended by Section 2, Chapter 262, O.S.L. 2023 (47 O.S. Supp.
3281+2023, Section 1137.3), is amended to read as follows:
3282+Section 1137.3 A. 1. The purchaser of every new motor
3283+vehicle, travel trailer, or commercial trailer powersports vehicle
3284+shall register or license the same within two (2) months from the
3285+date of purchase. It shall be the responsibility of the selling
3286+dealer to place a temporary license pl ate, twelve (12) inch by six
3287+(6) inch size or in a size similar to the permanent Oklahoma licens e
3288+plate but of a weatherproof plastic -impregnated substance ten-mil
3289+weatherproof plastic -impregnated paper approved by the Oklahoma New
3290+Motor Vehicle Commission, upon a new motor vehicle, travel trailer,
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3317+or commercial trailer powersports vehicle when a transaction is
3318+completed for the sale of said such vehicle or trailer. Provided,
3319+upon a determination by th e Commission that there exists a national
3320+shortage of ten-mil weatherproof plastic -impregnated paper, eight-
3321+mil weatherproof plastic-impregnated paper may be approved by the
3322+Commission until it has been determined by the Commission the
3323+shortage has ended. Except for cab and chassis trucks, the
3324+temporary license plate under this section shall be placed at the
3325+location provided for the permanent motor veh icle license plate.
3326+The purchaser of a new cab and chassis truck may place the temporary
3327+license plate under this section in the rear window. Said The
3328+temporary license plate shall show the de aler’s license number which
3329+is issued to him or her each year by Service Oklahoma, the date the
3330+new motor vehicle, travel trailer or commercial trailer was
3331+purchased of expiration, and the company name of the selling dealer.
3332+Additionally, within two (2) b usiness days of the date of the sale
3333+or transfer of the motor vehicle, the selling dealer must submit the
3334+requisite documentation to Service Oklahoma or a licensed ope rator
3335+identifying the motor vehicle subject to the sale or transfer,
3336+purchaser informatio n, and any associated license plate on the
3337+vehicle, pursuant to the requirements of Section 1112.2 of this
3338+title.
3339+2. The Oklahoma New Motor Vehicle Commission is here by directed
3340+to develop a temporary license plate design to incorporate these
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3367+requirements in a manner that will permit law enforcement personnel
3368+to readily identify the dealer license number and date of the
3369+vehicle purchase expiration. The Oklahoma New Motor Vehicle
3370+Commission is further authorized to develop additional requirements
3371+and parameters designed to discourage or prevent illegal duplication
3372+and use of the temporary license plate. On or before two (2) months
3373+ten (10) days from the date of purchas e of a new motor vehicle,
3374+travel trailer, or commercial trailer powersports vehicle, said the
3375+temporary license plate shall be removed and replaced wit h a
3376+permanent, current Oklahoma license plate. Use of said such
3377+temporary license plate by a licensed de aler for other than the
3378+purpose of normally doing business shall constitute grounds for
3379+revocation of the dealer’s license.
3380+B. It shall be unlawful fo r any licensed dealer of new motor
3381+vehicles, travel trailers , or commercial trailers powersports
3382+vehicle to procure the registration and licensing of any new motor
3383+vehicle, travel trailer , or commercial trailer powersports vehicle
3384+sold by such the licensed dealer or to act as the agent for such the
3385+purchaser in the procurement of said the registration and lic ensing.
3386+The license of any licensed dealer of new motor vehicles, travel
3387+trailers, or commercial trailers powersports vehicle violating the
3388+provisions of this section shall be revoked.
3389+SECTION 14. AMENDATORY 47 O.S. 2021, Section 1141.1, as
3390+last amended by Section 13, Chapter 47, 1st Extraordinary Session,
3391+
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3417+O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1), is amended to read
3418+as follows:
3419+Section 1141.1 A. Each licensed operator shall be entitled to
3420+retain the following amounts from the taxes and fees collected by
3421+such licensed operator to be used to fund the operation of the
3422+office of such licensed operator subject to the provis ions of
3423+Sections 1140 through 1147 of this title:
3424+1. Beginning July 1, 2006, through June 30, 2023, Three Dollars
3425+and fifty-six cents ($3.56) for each vehicle registered pursuant to
3426+the Oklahoma Vehicle License and Registration Act;
3427+2. Beginning on or af ter January 1, 2022, through June 30,
3428+2023, if a special or personalized license plate is issued pursuant
3429+to Sections 1135.1 through 1135.7 of this title and remittance is
3430+combined with the regis tration required pursuant to Section 1132 of
3431+this title, Seven Dollars and twelve cents ($7.12). Beginning July
3432+1, 2023, through June 30, 2025, Three Dollars and fift y-six cents
3433+($3.56) for each special license plate issued pursuant to Sections
3434+1135.1 through Section 1135.7 of this title;
3435+3. One Dollar and twenty -five cents ($1.25) for each
3436+certificate of title issued for boats and motors pursuant to the
3437+Oklahoma Statutes;
3438+4. For each certificate of registration issued for boats and
3439+motors pursuant to th e Oklahoma Statutes, an amount determined
3440+pursuant to the provisions of subsection B of this section;
3441+
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3467+5. Two Dollars and twenty -five cents ($2.25) for each
3468+certificate of title issued pursuant to the Oklahoma Vehicle License
3469+and Registration Act. Provide d, the fee retention amount for
3470+certificates of title issued pursuant to the provisions of
3471+subsection H of Section 1105 of this title, in which an insurer pays
3472+the optional twenty-two-dollar-fee amount, is Four Dollars and fifty
3473+cents ($4.50);
3474+6. Beginning July 1, 2002, through June 30, 2023, each licensed
3475+operator shall be entitled to retain three and twenty -five one-
3476+hundredths percent (3.25%) of the vehicle excise ta x collected
3477+pursuant to Section 2103 of Title 68 of the Oklahoma Statutes;
3478+7. Four percent (4%) of the excise tax collected on the
3479+transfer of boats and motors pursuant to the Oklahoma Statutes
3480+through June 30, 2025;
3481+8. Two Dollars ($2.00) for each drive r license, endorsement,
3482+identification license, or renewal or duplicate issued pursuant t o
3483+Section 6-101 et seq. of this title through June 30, 2023;
3484+9. Two Dollars ($2.00) for the recording of security interests
3485+as provided in Section 1110 of this title;
3486+10. Two Dollars ($2.00) for each inspection conducted pursuant
3487+to subsection L of Secti on 1105 of this title;
3488+11. Three Dollars ($3.00) for each in spection conducted
3489+pursuant to subsection M of Section 1105 of this title;
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3516+12. One Dollar ($1.00) for eac h certificate of ownership filed
3517+pursuant to subsection R of Section 1105 of this title;
3518+13. One Dollar ($1.00) for each temporary permit issued
3519+pursuant to Section 1124 of this title;
3520+14. One Dollar and fifty cents ($1.50) for processing each
3521+proof of financial responsibility, driver license information,
3522+insurance verification information, and other additional information
3523+as provided in Section 7 -602 of this title;
3524+15. The mailing fees and registration fees provided in Sections
3525+1131 and 1140 of this tit le;
3526+16. The notary fee provided in Section 1143 of this title;
3527+17. Three Dollars ($3.00 ) for each lien entry form completed
3528+and recorded on a certif icate of title pursuant to subsection G of
3529+Section 1105 of this title;
3530+18. Seven Dollars ($7.00) for each notice of transfer as
3531+provided by subsection B of Section 1107.4 of this title;
3532+19. Seven Dollars ($7.00) for each certificate of title or each
3533+certificate of registration issued for repossessed vehicles pursuant
3534+to Section 1126 of this title;
3535+20. Any amount specifically authorized by law to be retained by
3536+the licensed operator for the furn ishing of a summary of a traffic
3537+record;
3538+21. Beginning July 1, 2009, and through June 30, 2023, each
3539+licensed operator shall also be entitled to a portion of the
3540+
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3566+penalties for delinquent registration or payment of excise tax as
3567+provided for in subsection C of Section 1115, subsection F of
3568+Section 1132 and subsectio n C of Section 1151 of this title and of
3569+subsection A of Section 2103 of Title 68 of the Oklahoma Statutes ;
3570+22. Beginning January 1, 2023, each licensed operator shall be
3571+entitled to retain Thre e Dollars and fifty-six cents ($3.56) for
3572+each electric vehicle registered pursuant to the provisions of this
3573+act and such amount shall be in addition to any other amo unt
3574+otherwise authorized by this section to be retained with respect to
3575+a vehicle though June 30, 2025; and
3576+23. Beginning January 1, 2023, and through June 30, 2023, each
3577+licensed operator shall be entitled to retain three and twenty -five
3578+hundredths percent (3.25%) of the vehicle excise tax collected
3579+pursuant to Section 2103 of Title 68 of th e Oklahoma Statutes for
3580+each electric vehicle but such amount shall not be in addition to
3581+any other amount otherwise authorized by this section to be retained
3582+with respect to a vehicle; and
3583+24. Upon the effective date of this act, Service Oklahoma is
3584+authorized to set the licensed operator compensation pursuant to
3585+Section 3-103 of this title for processing the documentation
3586+submitted and issuing the license plate and/o r decal pursuant to
3587+this subsection.
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3614+The balance of the funds collected shall be remitted to Service
3615+Oklahoma as provided in Section 1142 of this titl e to be apportioned
3616+pursuant to Section 1104 of this title.
3617+B. Through June 30, 2025, for each certificate of registration
3618+issued for boats and motors, each licensed operator shall be
3619+entitled to retain the greater of One Dollar and twenty-five cents
3620+($1.25) or an amount to be determined by Service Oklahoma according
3621+to the provisions of this subsection. At the end of fiscal year
3622+1997 and each fiscal year thereafter, Service Oklahoma shall compu te
3623+the average amount of registration fees for all boats and motors
3624+registered in this state during the fiscal year and shall multiply
3625+the result by six and twenty -two one-hundredths percent (6.22%).
3626+The resulting product shall be the amount which may be retained by
3627+each licensed operator for each certificate of re gistration for
3628+boats and motors issued during the following calendar year.
3629+C. When an application for reg istration is made with Service
3630+Oklahoma, the Corporation Commission or a licensed operato r, a
3631+registration fee of One Dollar and seventy-five cents ($1.75) shall
3632+be collected for each license plate or decal issued. Such fees
3633+shall be in addition to the re gistration fees on motor vehicles and
3634+when an application for registration is made to the licensed
3635+operator such licensed operator shall retain a fee as provided in
3636+Section 1141.1 of this title through June 30, 2023. Beginning July
3637+1, 2023, the fee shall be retained by the licensed operator pursuant
3638+
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3664+to subsection E of Section 1141.1 of this t itle. When the fee is
3665+paid by a person making application di rectly with Service Oklahoma
3666+or the Corporation Commission, as applicable, the registration fees
3667+shall be in the same amount as provided for licensed operators and
3668+the fee provided by this sectio n shall be deposited in the Service
3669+Oklahoma Revolving Fund o r as provided in Section 1167 of this
3670+title, as applicable. Service Oklahoma shall prepare schedules of
3671+registration fees and charges for titles, which shall include the
3672+fees for licensed operat ors, and all fees and charges paid by a
3673+person shall be liste d separately on the application and
3674+registration and totaled on the application and registration. The
3675+licensed operators shall charge only such fees as are specifically
3676+provided for by law, and all such authorized fees shall be posted in
3677+such a manner that any person shall have notice of all fees that are
3678+imposed by law.
3679+D. Unless otherwise provided, beginni ng July 1, 2025, the
3680+provisions related to the reimbursement, retention, apportionment,
3681+or distribution of funds to or by licensed operators as outlin ed in
3682+this section shall be retained by the licensed operator pursuant to
3683+Subsection subsection E of this section.
3684+E. Beginning July 1, 2023, unless otherwise provided, licensed
3685+operators operator compensation shall be fixed by Service Oklahoma
3686+pursuant to Section 3-103 of this title.
3687+
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3713+1. For fiscal year beginning July 1, 2023, through the fiscal
3714+year ending on June 30, 2025:
3715+a. licensed operators shall be entitled to retain
3716+nineteen percent (19% ) of all fees collected related
3717+to registrations provided by the Oklahoma Vehicle
3718+License and Registration Act, pursuant to subsection A
3719+of Section 1132 of this title, subsection A of Section
3720+1132.1 of this title, subsection A of Section 1132.4
3721+of this title, and subsection H of 1140 of this title,
3722+and
3723+b. licensed operators shall be entitled to retain forty
3724+percent (40%) of all fees collected related to the
3725+issuance of Class A, Class B, Class C, and Class D
3726+driver licenses, permits, and identification cards ,
3727+including REAL ID Compliant and REAL ID Noncompliant
3728+credentials, pursuant to Section 6-101 et seq. of this
3729+title.
3730+2. All other fees directed by this section shall default back
3731+to the apportionment outlined in Section 1104 of this title.
3732+SECTION 15. This act shall become effective September 1, 202 4."
3733+
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3759+Passed the House of Representatives the 23rd day of April, 2024.
3760+
3761+
3762+
3763+
3764+
3765+Presiding Officer of the House of
3766+ Representatives
3767+
3768+
3769+Passed the Senate the ____ day of _______ ___, 2024.
3770+
3771+
3772+
3773+
3774+
3775+Presiding Officer of the Senate
3776+
3777+
3778+ENGR. S. B. NO. 2035 Page 1 1
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3802+
3803+ENGROSSED SENATE
3804+BILL NO. 2035 By: Treat and Stephens of the
3805+Senate
3806+
3807+ and
3808+
3809+ Hilbert of the House
3810+
3811+
3812+
3813+
3814+
3815+An Act relating to license plates; authorizing
3816+promulgation of rules to designate temporary license
3817+plate vendors; authorizing imposition of fee;
3818+prescribing vendor requirements; granting authority
3819+to revoke registration and administer fines and
3820+penalties; prescribing requirements for plates;
3821+amending 47 O.S. 2021, Sections 563, as amended by
3822+Section 4, Chapter 29, O.S.L. 2023, a nd 582, as
3823+amended by Section 2, Chapter 107, O.S.L. 2022 (47
3824+O.S. Supp. 2023, Sections 563 and 582), which relate
3825+to the establishment, powers, and duties of the
3826+Oklahoma New Motor Vehicle Commission and the
3827+Oklahoma Used Motor Vehicle, Dismantler, and
3828+Manufactured Housing Commis sion; adding powers;
3829+amending 47 O.S. 2021, Sections 1102, as last amended
3830+by Section 106, Chapter 282, O.S.L. 2022, 1112.2, as
3831+amended by Section 126, Chapter 282, O.S.L. 2022,
3832+1112.3, 1113, as last amended by Section 127, Chapter
3833+282, O.S.L. 2022, 1113A, as amended by Section 128,
3834+Chapter 282, O.S.L. 2022, and 1132, as last amended
3835+by Section 146, Chapter 2 82, O.S.L. 2022 (47 O.S.
3836+Supp. 2023, Sections 1102, 1112.2, 1113, 1113A, and
3837+1132), which relate to registration, fees, and
3838+license plates; defining te rms; modifying procedure
3839+for a license plate that has not been removed;
3840+modifying period in which a person may operate a
3841+motor vehicle without plate under certain
3842+circumstance; modifying period for certain temporary
3843+license plate; requiring the submission of certain
3844+documentation and information to Service Oklahoma or
3845+licensed operator upon the sale or transf er of
3846+vehicle; requiring Service Oklahoma or licensed
3847+operator to provide certain information and
3848+instructions, issue temporar y license plate under
3849+certain circumstance, and issue decal under certain
3850+
3851+ENGR. S. B. NO. 2035 Page 2 1
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3876+circumstance; modifying period before application for
3877+registration is due; modifying period of exemption
3878+from carry of registration; providing exception to
3879+requirement to issue licen se plate and decal;
3880+directing Service Oklahoma to conduct public
3881+awareness campaign; eliminating requirement that
3882+Service Oklahoma issue certain decal; amending 47
3883+O.S. 2021, Section 1137.1, as last amended by Section
3884+1, Chapter 262, O.S.L. 2023 (47 O.S. S upp. 2023,
3885+Section 1137.1), which relates to used dealer license
3886+and registration; modifying required components of
3887+temporary license plates; providing exception;
3888+modifying period of validity of temporary license
3889+plate; amending 47 O.S. 2021, Section 1137. 2, as
3890+amended by Section 171, Chapter 282, O.S.L. 2022 (47
3891+O.S. Supp. 2023, Section 1137.2), which relates to
3892+authority to issue d ealer license plates; authorizing
3893+Oklahoma New Motor Vehicle Commission and the
3894+Oklahoma Used Motor Vehicle, Dismantler, and
3895+Manufactured Housing Commi ssion to designate certain
3896+vendor; amending 47 O.S. 2021, Section 1137.3, as
3897+last amended by Section 2, Chapter 262, O.S.L. 2023
3898+(47 O.S. Supp. 2023, Section 1137.3), which relates
3899+to registration and licensing after purchase;
3900+modifying certain purchasers required to register
3901+vehicle or trailer; modifying required components of
3902+temporary license plates; provi ding exception;
3903+requiring dealer to submit certain documentation and
3904+information to Service Oklahoma or licensed operator;
3905+amending 47 O.S. 2021, Secti on 1141.1, as last
3906+amended by Section 13, Chapter 47, 1st Extraordinary
3907+Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section
3908+1141.1), which relates to retention of taxes and fees
3909+by licensed operator; authorizing Service Oklahoma to
3910+set licensed operator comp ensation for certain
3911+documentation processing and license plate and decal
3912+issuance; updating statutory la nguage; updating
3913+statutory reference; providing for codification; and
3914+providing an effective date.
3915+
3916+
3917+
3918+
3919+
3920+BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKL AHOMA:
3921+
3922+ENGR. S. B. NO. 2035 Page 3 1
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3947+SECTION 16. NEW LAW A new section of law to be codified
3948+in the Oklahoma Statutes as Section 1137.4 of Title 47, unless there
3949+is created a duplication in numbering, reads as follows:
3950+A. The Oklahoma New Motor Vehicle Commissio n and the Oklahoma
3951+Used Motor Vehicle, Dismantler, and Manufactured Housing Commission
3952+shall have the power and duty to promulgate rules and procedures to
3953+designate and register authorized temporary lice nse plate vendors in
3954+this state. The commissions may impose a vendor registration fee
3955+not to exceed Six Hundred Dollars ($600.00). Such vendors shall:
3956+1. Provide pre-printed temporary license plates or the
3957+equipment and supplies necessary to print temporary license plates
3958+to dealers licensed by the Oklaho ma New Motor Vehicle Commission and
3959+the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured
3960+Housing Commission;
3961+2. Provide a method for such dealers to electronically enter
3962+required purchaser info rmation for each vehicle pur chase; and
3963+3. Electronically submit such required purchaser information to
3964+Service Oklahoma every twenty -four (24) hours in a format that is
3965+readily accessible by Service Oklahoma.
3966+The commissions shall also be granted the power to revoke the
3967+designation and registration of and a dminister fines and penalties,
3968+not to exceed Ten Thousand Dollars ($10,000.00), to designated and
3969+registered temporary license plate vendors that fail to comply with
3970+the provisions of this section.
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3997+B. Temporary license plates issu ed by authorized temporar y
3998+license plate vendors shall be required to include:
3999+1. A sequential three -character prefix, unique to the
4000+individual authorized temporary license plate vendor, followed by a
4001+five-digit tag number;
4002+2. The name of this state;
4003+3. The name of the vehicle purchaser;
4004+4. The date of expiration;
4005+5. The name of the dealer and the dealer license number; and
4006+6. The year, make, and model of the vehicle. Provided, the
4007+name of the vehicle purchaser shall not b e required to be included
4008+on the temporary license pl ate if the vendor holds a record of the
4009+name of the vehicle purchaser and the bill of sale is carried in the
4010+vehicle.
4011+SECTION 17. AMENDATORY 47 O.S. 2021, Section 563, as
4012+amended by Section 4, Chapter 29, O .S.L. 2023 (47 O.S. Supp. 2023,
4013+Section 563), is amended to read as follows:
4014+Section 563. A. There is hereby created the Oklahoma New Motor
4015+Vehicle Commission, to be composed of nine (9) members. Seven of
4016+the members shall ha ve been engaged in the manuf acture,
4017+distribution, or sale of new motor vehicles and two members shall be
4018+lay members, all to be appointed by the Governor of the State of
4019+Oklahoma this state, with the advice and consent of the Senate.
4020+Appointments shall be made within thirty (30) day s after November 1,
4021+
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4047+1985. Each of the Commissioners thus appointed shall, at the time
4048+of the appointment, be a resident in good faith of this state, shall
4049+be of good moral character, and each of the industry related
4050+industry-related Commissioners shall ha ve been actually engaged in
4051+the manufacture, distribution, or sale of new motor vehicles for not
4052+less than ten (10) years preceding the appointment. The members of
4053+the Commission shall serve at the pleasure of the Governor.
4054+B. 1. The Commissioners shall elect a chair from among st them
4055+whose term shall be for one (1) year with the right to succeed
4056+himself or herself.
4057+2. There shall be three at large at-large members of the
4058+Commission. Six members of the Commission shall be ap pointed from
4059+the following geographical areas with at least one member from each
4060+area:
4061+a. four areas of the state shall be the northwest,
4062+northeast, southwest, and southeast sections
4063+designated by Interstate 35 dividing the state east
4064+and west and Interstate 40 dividing the state nor th
4065+and south, excluding O klahoma County and Tulsa County,
4066+and
4067+b. two additional areas shall be Oklahoma County and
4068+Tulsa County.
4069+There shall not be more than two members of the Commission from any
4070+one area.
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4097+C. The terms of offi ce of the members first appo inted to the
4098+Commission shall be as follows:
4099+1. The members appointed from the northwest, northeast, and
4100+southwest areas shall serve until June 30, 1987;
4101+2. The members appointed from the southeast area and Oklahoma
4102+County and Tulsa County shall serve un til June 30, 1989; and
4103+3. The members appointed at large shall serve until June 30,
4104+1991.
4105+Each member shall serve until a successor is appointed and
4106+qualifies. Thereafter, the term of office of each member of the
4107+Commission shall be for six (6) years. T he term of office of any
4108+member will automatically expire if the member moves out of the
4109+geographical area from which the member was appointed. In event of
4110+death, resignation, removal, or term automatically expiring of any
4111+person serving on the Commission , the vacancy shall be fi lled by
4112+appointment as provided for the unexpired portion of the term. The
4113+Commission shall meet at in Oklahoma City and complete its
4114+organization immediately after the membership has been appointed and
4115+has qualified. The chair a nd each member of the Com mission shall
4116+take and subscribe to the oath of office required of public
4117+officers.
4118+D. The members of the Commission shall receive reimbursement
4119+for subsistence and traveling expenses necessarily incurred in the
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4146+performance of their duties as provided by the State Travel
4147+Reimbursement Act.
4148+E. The Commission shall appoint a qualified person to serve as
4149+Executive Director thereof, which person shall have had not less
4150+than ten (10) years of experience in t he motor vehicle industry.
4151+The Executive Director sh all be appointed for a term of six (6)
4152+years, and shall not be subject to dismissal or removal without
4153+cause. The Commission shall fix the salary and prescribe the duties
4154+of the Executive Director. The Executive Director shall de vote such
4155+time as necessary to fulfill the duties thereof, and before entering
4156+upon such duties shall take and subscribe to the oath of office.
4157+The Executive Director may employ such clerical, technical, and
4158+other help and legal services and incur such ex penses as may be
4159+necessary for the proper discharge of the duties of the Executive
4160+Director under Section 561 et seq. of this title. The Commission
4161+shall maintain its office and transact its business in Oklahoma
4162+City, and it is authorized to adopt and use a seal. The Executive
4163+Director is hereby authorized to hire, retain, or otherwise acquire
4164+the services of an attorney to represent the Commission in any and
4165+all state and federal courts, and assist the Commission in any and
4166+all business or legal matters that may come before it. The attorney
4167+so representing the Commission shall discharge the duties under the
4168+direction of the Executive Director.
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4195+F. The Commission is hereby vested with the powers necessary to
4196+enable it to fully and effectively carry out th e provisions and
4197+objects of Section 561 et seq. of this title and Section 1 of this
4198+act, and is hereby authorized and empowered to make and enforce all
4199+reasonable rules and to adopt and prescribe all forms necessary to
4200+accomplish such purpose. All forms u sed by a new motor vehicl e
4201+dealer to facilitate the delivery of a vehicle pending approval of
4202+financing shall be approved by the Commission. Spot delivery
4203+agreement forms shall be required for all new motor vehicle
4204+deliveries subject to dealers finding le nding institutions to
4205+purchase the retail installment contracts executed by the purchasing
4206+and selling parties.
4207+G. All fees, charges , and fines collected under the provisions
4208+of Section 561 et seq. of this title and Section 1 of this act shall
4209+be deposited by the Executive Direct or in the State Treasury in
4210+accordance with the depository laws of this state in a special fund
4211+to be known as the “Oklahoma New Motor Vehicle Commission Fund”,
4212+which is hereby created, and except as hereinafter provided the
4213+monies in the fund shall be use d by the Commission for the purpose
4214+of carrying out and enforcing the provisions of Section 561 et seq.
4215+of this title and Section 1 of this act . Expenditures from the fund
4216+shall be made upon vouchers ap proved by the Commission or its
4217+authorized officers.
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4244+At the close of each fiscal year, the Commission shall file with
4245+the Governor and the State Auditor and Inspector a true and correct
4246+report of all fees, fines , and charges collected and received by it
4247+during the preceding fiscal ye ar and shall at the same time pay into
4248+the General Revenue Fund of the state a sum equal to ten percent
4249+(10%) of the fees, fines, and charges collected and received.
4250+All expenses incurred by the Commission in carrying out the
4251+provisions of Section 561 et s eq. of this title and Section 1 of
4252+this act, including but not limited to per diem, wages, salaries,
4253+rent, postage, advertising, supplies, bond premiums, travel, and
4254+subsistence for the Commissioners, the Executive Director,
4255+employees, and legal counsel, a nd printing and utilities , shall be a
4256+proper charge against such fund, exclusive of the portion thereof to
4257+be paid into the General Revenue Fund as above set out. In no event
4258+shall liability ever accrue hereunder against this s tate in any sum
4259+whatsoever, or against the Oklahoma N ew Motor Vehicle Commission
4260+Fund, in excess of the ninety percent (90%) of the fees, fines, and
4261+charges deposited therein.
4262+SECTION 18. AMENDATORY 47 O.S. 2021, Section 582, as
4263+amended by Section 2, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023,
4264+Section 582), is amended to read as follows:
4265+Section 582. A. There is hereby created the Oklahoma Used
4266+Motor Vehicle, Dismantler, and Manufactured Housing Commission, to
4267+be composed of ten (10) members who shall be s elected as follows:
4268+
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4294+1. One member shall be appointed from each congressional
4295+district and any remaining members, including the chair, shall be
4296+appointed from the state at large. However, when congressional
4297+districts are redrawn, each member appointed pri or to July 1 of the
4298+year in which such modification becomes effective shall complete the
4299+current term of office and appointments made after July 1 of the
4300+year in which such modification becomes effective shall be based on
4301+the redrawn districts. Appointmen ts made after July 1 of t he year
4302+in which such modification becomes effective shall be from any
4303+redrawn districts which are not represented by a board member until
4304+such time as each of the modified congressional districts are
4305+represented by a board member; provided, the chair shal l be
4306+appointed at large without regard to congressional district
4307+representation on the board;
4308+2. All members shall be appointed by the Governor, by and with
4309+the advice and consent of the Senate;
4310+3. a. each Each of the members appointed from a
4311+congressional district shall, at the time of
4312+appointment, be a resident in good faith of the
4313+congressional district from which appointed, and
4314+b. each Each of the members appointed from the state at
4315+large shall, at the time of appointment and d uring the
4316+period of service, be residents in good faith of the
4317+state;
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4344+4. Each member shall be of good moral character and, for the
4345+ten-year period immediately preceding appointment, each of the used
4346+motor vehicle dealer represe ntatives shall have been lic ensed for
4347+and actually engaged in the distribution or sale of used motor
4348+vehicles; each of the dismantler representatives shall have actually
4349+been licensed for and engaged in the principal business of
4350+dismantling or disassembling motor vehicles for the pur pose of
4351+selling the parts thereof; and the manufactured housing
4352+representative shall have been licensed for and actually engaged in
4353+the principal business of selling manufactured homes; and
4354+5. Eight members plus the chair shall be engaged in the used
4355+motor vehicle industry or the automotive dismantler industry. There
4356+shall not be fewer than five members engaged in the principal
4357+business of the sale of used motor vehicles and there shall not be
4358+fewer than two members engaged in the principal business of
4359+dismantling or disassemblin g motor vehicles for the purpose of
4360+selling the parts thereof. One of the at -large members shall be
4361+engaged in the principal business of selling manufactured homes as a
4362+licensed manufactured home dealer . Being engaged in one or m ore of
4363+such pursuits shall not disqualify a person otherwise qualified from
4364+serving on the Commission.
4365+B. 1. The term of the chair shall be coterminous with that of
4366+the Governor making the appointment, and until a successor is
4367+appointed and is qualified.
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4394+2. The terms of office of each member of the Commission shall
4395+be subject to the following:
4396+a. the Commission shall determine and certify the trade
4397+associations of manufactured home dealers that
4398+represent ten percent (10%) or m ore of the number of
4399+licensed manufactured home deale rs in the state and
4400+shall certify each such association to the Governor.
4401+The Governor shall request a minimum of ten names from
4402+each such association and shall select one member from
4403+the manufactured home industry from the names
4404+provided,
4405+b. each member actively serving July 1, 2000, who was
4406+appointed on or before June 30, 2000, shall remain and
4407+fulfill the term of his or her membership as set forth
4408+at the appointment,
4409+c. except for the chair, the term o f office of each
4410+member of the Commission shall be fo r six (6) years,
4411+d. except for the chair and the at -large members, the
4412+term of office of any member will automatically expire
4413+if the member moves out of the congressional district
4414+from which appointed; however, if the congressional
4415+districts are modified e ach member shall complete the
4416+current term of office as provided in this section,
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4443+e. in event of death, resignation, or removal of any
4444+person serving on the Commission, the vacancy shall be
4445+filled by appointment as aforesaid for th e unexpired
4446+portion of the term, and
4447+f. except for the chair, when the term of a member
4448+automatically expires, the vacancy shall be filled by
4449+appointment of a qualified successor for a term of six
4450+(6) years as aforesaid, except that the member shall
4451+serve until a successor is appo inted and qualified.
4452+3. The chair and each member of the Commission shall take and
4453+subscribe to the oath of office required of public officers.
4454+C. The chair and members of the Commission shall receive Thirty
4455+Dollars ($30.00) for each and every day actual ly and necessarily
4456+spent in attending the meetings of the Commission, and shall be
4457+reimbursed for subsistence and traveling expenses incurred in the
4458+performance of their duties hereunder as provided by the State
4459+Travel Reimbursement Act; provided that such meeting payments shall
4460+not exceed the sum of Six Hundred Dollars ($600.00) per annum to any
4461+one person.
4462+D. 1. a. The Commission shall appoint a qualified person to
4463+serve as Executive Director who shall have had
4464+sufficient management and organizational exp erience in
4465+the automotive industry to direct the functions of the
4466+Commission.
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4493+b. The Executive Director shall be appointed for a term
4494+of six (6) years, and shall not be subject to
4495+dismissal or removal without cause.
4496+c. The Commission shall fix the salary a nd define and
4497+prescribe the duties of the Executive Director.
4498+d. The Executive Director shall be in charge of the
4499+Commission’s office, shall devote such time as
4500+necessary to fulfill the duties thereof, a nd, before
4501+entering upon these duties, shall take and subscribe
4502+to the oath of office.
4503+2. The Commission may employ such clerical, technical, legal ,
4504+and other help and incur such expenses as may be necessary for the
4505+proper discharge of its duties under Section 581 et seq. of this
4506+title and Section 1 of this act.
4507+3. The Commission shall maintain its office and transact its
4508+business in Oklahoma City, and is authorized to adopt and use a
4509+seal.
4510+E. 1. a. The Commission is hereby vested with the powers and
4511+duties necessary and proper to e nable it to fully and
4512+effectively carry out the provisions and objectives of
4513+Section 581 et seq. of this title and Section 1 of
4514+this act, and is hereby authorized and empowered,
4515+pursuant to the Administrative Procedures Act, to make
4516+and enforce all reasona ble rules and to adopt an d
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4543+prescribe all forms necessary to accomplish said such
4544+purpose.
4545+b. The Commission shall promulgate rules for the
4546+licensing of manufactured home installers and the
4547+installation, which is the blocking, an choring, and
4548+leveling of mobile and manufactured home s that meet
4549+the standards of the manufacturer’s manual or the
4550+Commission.
4551+c. The Commission shall promulgate rules to prescribe the
4552+contents of manufactured home sales agreements and to
4553+require that each manufactured home manufactu rer issue
4554+with each new manufactured home a warranty comparable
4555+to warranties generally in use in the industry
4556+warranting the manufactured home to be free from
4557+material defects.
4558+d. The enumeration of any power or authority herei n shall
4559+not be construed to deny, impair, disparage , or limit
4560+any others necessary to the attainment thereof.
4561+e. A copy of all rules adopted by the Commission shall be
4562+filed and recorded in the office Office of the
4563+Secretary of State and the State Librarian and State
4564+Archivist, and same may be amended, modif ied, or
4565+repealed from time to time.
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4592+2. The Commission’s powers and duties shall include, but not be
4593+limited to, the following:
4594+a. to license used motor vehicle dealers, wholesale used
4595+motor vehicle dealers, dismantlers, manufactur ed home
4596+dealers, manufactured home manufacturers, and
4597+manufactured home installers,
4598+b. to inspect used motor vehicle dealer, dismantler and
4599+manufactured home dealer locations, and manufactured
4600+home manufacturers’ factories or assembly sites to
4601+ensure that they are in an approved l ocation, meet
4602+local zoning or other municipal requirements, and have
4603+sufficient facilities which shall include, but not be
4604+limited to, for retail businesses, a business sign, a
4605+listed and usable telephon e number, a restroom, and a
4606+sales office,
4607+c. to inspect wholesale used motor vehicle dealer
4608+locations to ensure that they are in an approved
4609+location, meet local zoning or other municipal
4610+requirements, and have sufficient facilities which
4611+shall include, but not be limited to, a liste d and
4612+usable telephone number in the dealer’s name and a
4613+business office where records of the business are
4614+kept,
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4641+d. to require all dealer sales to have a condition of
4642+sale such as a warranty disclaimer, implied or written
4643+warranty, or a service contract ap proved by the
4644+Commission,
4645+e. to work with consumers and dealers to hear complaints
4646+on used vehicles and manufactured homes, including
4647+installation, and
4648+f. to serve as a dispute resolution panel for binding
4649+arbitration in accordance with Section 1851 et seq . of
4650+Title 12 of the Okla homa Statutes in contract
4651+controversies between licensed used motor vehicle
4652+dealers, dismantlers , and manufactured housing
4653+dealers, manufactured home dealers, installers, and
4654+manufacturers and their cons umers when, by mutual
4655+written agreement executed afte r the dispute between
4656+the parties has arisen, both parties have agreed to
4657+use the Commission as their arbitration panel for
4658+contract disputes.
4659+F. 1. All fees and charges collected under the provisions of
4660+Section 581 et seq. of th is title and Section 1 of this act shall be
4661+deposited by the Executive Director in the State Treasury in
4662+accordance with the depository laws of this state in a special fund
4663+to be known as the “Oklahoma Used Motor Vehicle, Disman tler, and
4664+Manufactured Housing Commission Fund”, whic h fund is hereby created.
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4691+Except as hereinafter provided, the monies in the fund shall be used
4692+by the Commission for the purpose of carrying out and enforcing the
4693+provisions of Section 581 et seq. of this title and Section 1 of
4694+this act. Expenditures from the fund shall be warrants issued by
4695+the State Treasurer against claims submitted by the Commission to
4696+the Director of the Office of Management and Enterprise Services for
4697+approval.
4698+2. At the close of each fiscal year, the Commi ssion shall file
4699+with the Governor and the State Auditor and Inspector a true and
4700+correct report of all fees and charges collected and received by it
4701+during the preceding fiscal year and shall at the same time pay into
4702+the General Revenue Fund of the state a sum equal to ten perce nt
4703+(10%) of the gross fees and charges so collected and received.
4704+3. All expenses incurred by the Commission in carrying out the
4705+provisions of Section 581 et seq. of this title and Section 1 of
4706+this act including, but not limited to, per diem, wages, sala ries,
4707+rent, postage, advertising, supplies, bond premiums, travel , and
4708+subsistence for the Commissioners, the Executive Director,
4709+employees, and legal counsel, and printing and utilities, shall be a
4710+proper charge against the fund, exclusive of the portion thereof to
4711+be paid into the General Revenue Fund as above set out; provided,
4712+that in no event shall liability ever accrue hereunder against the
4713+state in any sum whatsoever, or against the Oklahoma Used M otor
4714+Vehicle, Dismantler, an d Manufactured Housing Co mmission Fund, in
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4741+excess of the ninety percent (90%) of the fees and charges deposited
4742+therein.
4743+SECTION 19. AMENDATORY 47 O.S. 2021, Section 1102, as
4744+last amended by Section 106, Chapter 282, O.S.L. 2022 (4 7 O.S. Supp.
4745+2023, Section 1102), is amended to read as follows:
4746+Section 1102. As used in the Oklahoma Vehicle License and
4747+Registration Act:
4748+1. “All-terrain vehicle” means a vehicle manufactured and used
4749+exclusively for off-highway use traveling on four or more non-
4750+highway tires, and being fifty (50) inches or less in width;
4751+2. “Carrying capacity” means the carrying capacity of a vehicle
4752+as determined or declared in tons of cargo or payload by the owner;
4753+provided, that such declared capacity shall not be less than the
4754+minimum tonnage capacity fixed, listed or advertised by the
4755+manufacturer of any vehicle;
4756+3. “Certificate of title” means a document which is proof of
4757+legal ownership of a motor vehicle as described and provided f or in
4758+Section 1105 of this t itle;
4759+4. “Chips and oil” or the term “road oil and crushed rock”
4760+means, with respect to materials authorized for use in the surfacing
4761+of roads or highways as provided for in this title or in any
4762+equivalent statute pertaining to road or highway surfacing i n the
4763+State of Oklahoma this state, any asphaltic materials. Wherever
4764+chips and oil or road oil and crushed rock are authorized for use in
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4791+the surfacing of roads or highways in this state, whether by the
4792+Department of Transport ation, or by the county comm issioners, or
4793+other road building authority subject to the Oklahoma Vehicle
4794+License and Registration Act, asphaltic materials are also
4795+authorized for use in such surfacing and construction;
4796+5. “Combined laden weight” means the weight of a truck or
4797+station wagon and its cargo or p ayload transported thereon, or the
4798+weight of a truck or truck -tractor plus the weight of any trailers
4799+or semitrailers together with the cargo or payload transported
4800+thereon;
4801+6. “Commercial trailer” mean s any trailer, as defined in
4802+Section 1-180 of this title, or semitrailer, as defined in Section
4803+1-162 of this title, when such trailer or semitrailer is used
4804+primarily for business or commercial purposes;
4805+7. “Commercial trailer dealer” means any person, firm or
4806+corporation engaged i n the business of selling any new and unused,
4807+or used, or both new and used commercial trailers;
4808+8. “Commercial vehicle” means any vehicle over eight thousand
4809+(8,000) pounds combined laden weight used primarily for business or
4810+commercial purposes. Each m otor vehicle being regist ered pursuant
4811+to the provisions of this section shall have the name of the
4812+commercial establishment or the words “Commercial Vehicle”
4813+permanently and prominently displayed upon the outside of the
4814+vehicle in letters not less than tw o (2) inches high. Such letters
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4841+shall be in sharp contrast to the background and shall be of
4842+sufficient shape and color as to be readily legible during daylight
4843+hours, from a distance of fifty (50) feet while the vehicle is not
4844+in motion;
4845+9. “Commission” or “Tax Commission” mean s the Oklahoma Tax
4846+Commission;
4847+10. “Construction machinery” means machines or devices drawn as
4848+trailers which are designed and used for construction, tree trimming
4849+and waste maintenance projects, which derive no revenue from the
4850+transportation of persons or property, whose use of the highway is
4851+only incidental and which are not mounted or affixed to another
4852+vehicle; provided, construction machinery shall not include
4853+implements of husbandry as defined in Section 1-125 of this title;
4854+11. “Dealer” means any person, firm, association, corporation
4855+or trust who that sells, solicits or advertises the sale of new and
4856+unused motor vehicles and holds a bona fide contract or franchise in
4857+effect with a manufacturer or distributor of a particul ar make of
4858+new or unused motor vehicle or vehicles for the sale of same;
4859+12. “Dealer seller” means a new motor vehicle dealer as defined
4860+in Section 562 of this title, a powersports vehicle dealer as
4861+defined in Section 562 of th is title, and used motor veh icle dealer
4862+as defined in Section 581 of this title. This definition shall not
4863+include individuals involved in a private sale as defined in this
4864+section;
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4891+13. “Mini-truck” means a foreign -manufactured import or
4892+domestic-manufactured vehicle powered by an internal combustion
4893+engine with a piston or rotor displacement of one thousand cubic
4894+centimeters (1,000 cc) or less, which is sixty -seven (67) inches or
4895+less in width, with an unladen dry weight of three thousand four
4896+hundred (3,400) pounds or less, travel ing on four or more tires ,
4897+having a top speed of approximately fifty -five (55) miles per hour,
4898+equipped with a bed or compartment for hauling, and having an
4899+enclosed passenger cab;
4900+13. 14. “Interstate commerce” means any commerce moving between
4901+any place in a state and any place in another state or between
4902+places in the same state through another state;
4903+14. 15. “Laden weight” means the combined weight of a vehicle
4904+when fully equipped for use and the cargo or payload transported
4905+thereon; provided, that in no event shall the laden weight be less
4906+than the unladen weight of the vehicle fully equipped for use, plus
4907+the manufacturer’s rated carrying capacity;
4908+15. 16. “Local authorities” means every county, municipality or
4909+local board or body having authority to adopt police regulations
4910+under the Constitution and laws of this state;
4911+16. 17. “Low-speed electrical vehicle” means any four -wheeled
4912+electrical vehicle that is powered by an electric motor that draws
4913+current from rechargeable storage batteries or other sources of
4914+electrical current and whose top speed is greater than twenty (20)
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4941+miles per hour but not greater than twenty -five (25) miles per hour
4942+and is manufactured in compliance with the National Highway Traffic
4943+Safety Administration standards for low -speed vehicles in 49 C.F.R. ,
4944+Section 571.500;
4945+17. 18. “Manufactured home” means a residential dwelling built
4946+in accordance with the National Manufactured Housing Construction
4947+and Safety Standards Act of 1974, 42 U.S.C., Section 5 401 et seq.,
4948+and rules promulgated pursuant thereto a nd the rules promulgated by
4949+the Oklahoma Used Motor Vehicle and Parts, Dismantler, and
4950+Manufactured Housing Commission pursuant to Section 582 of this
4951+title. Manufactured home shall not mean a park model recreational
4952+vehicle as defined in this section;
4953+18. 19. “Manufactured home dealer” means any person, firm or
4954+corporation engaged in the business of selling any new and unused,
4955+or used, or both new and used manufactured homes. Such information
4956+and a valid franchise letter as proo f of authorization to sel l any
4957+such new manufactured home product line or lines shall be attached
4958+to the application for a dealer license to sell manufactured homes.
4959+“Manufactured home dealer” Manufactured home dealer shall not
4960+include any person, firm or corporation who sells or contracts for
4961+the sale of the dealer’s own personally titled manufactured home or
4962+homes. No person, firm or corporation shall be considered a
4963+manufactured home dealer as to any manufactured home purcha sed or
4964+acquired by such pers on, firm or corporation f or purposes other than
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4991+resale; provided, that the restriction set forth in this sentence
4992+shall not prevent an otherwise qualified person, firm or corporation
4993+from utilizing a single manufactured home as a sales office;
4994+19. 20. “Medium-speed electrical veh icle” means any self -
4995+propelled, electrically powered four -wheeled motor vehicle, equipped
4996+with a roll cage or crush -proof body design, whose speed attainable
4997+in one (1) mile is more than thirty (30) mile s per hour but not
4998+greater than thirty-five (35) miles per hour;
4999+20. 21. “Licensed operator” means any person appointed,
5000+designated or authorized by Service Oklahoma to collect the fees and
5001+to enforce the provisions provided for in the Oklahoma Vehicle
5002+License and Registration Act;
5003+21. 22. “New vehicle” or “unused vehicle” means a vehicle which
5004+has been in the possession of the manufacturer, distributor or
5005+wholesaler or has been sold only by the manufacturer, distributor or
5006+wholesaler to a dealer;
5007+22. 23. “Nonresident” means any pe rson who is not a residen t of
5008+this state;
5009+23. 24. “Off-road motorcycle” means any motorcycle, as defined
5010+in Section 1-135 of this title, when such motorcycle has been
5011+manufactured for and used exclusively off roads, highways and any
5012+other paved surfaces;
5013+24. 25. “Owner” means any person owning, operating or
5014+possessing any vehicle herein defined;
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5041+25. 26. “Park model recreational vehicle” means a vehicle that
5042+is:
5043+a. designed and marketed as temporary living quarters for
5044+camping, recreational, seasonal or t ravel use,
5045+b. not permanently affixed to real property for use as a
5046+permanent dwelling,
5047+c. built on a single chassis mounted on wheels with a
5048+gross trailer area not exceeding four hundred (400)
5049+square feet in the setup mode, and
5050+d. certified by the manufac turer as complying with
5051+standard A119.5 of the American National Standards
5052+Institute, Inc.;
5053+26. 27. “Person” means any individual, copartner, joint
5054+venture, association, corporation, limited liability company,
5055+estate, trust, business trust, syndicate, the State of Oklahoma, or
5056+any county, city, municipality, school district or other political
5057+subdivision thereof, or any group or combination acting as a unit,
5058+or any receiver appointed by the state or federal court;
5059+28. “Pre-registration” means the submissi on of requisite
5060+information and documentation to Service Oklahoma or a licensed
5061+operator within two (2) business days following the sale or transfer
5062+of a motor vehicle, as required by Section 1112.2 of this title;
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5089+29. “Private sale” means the sale or tran sfer of a motor
5090+vehicle where neither the seller nor the purchaser is a dealer
5091+seller as defined in this section;
5092+27. 30. “Rebodied vehicle” means a vehicle:
5093+a. which has been assembled using a new body or new major
5094+component which is of the identical typ e as the
5095+original vehicle and is licensed by the manufacturer
5096+of the original vehicle and other original, new or
5097+reconditioned parts. For purposes of this paragraph,
5098+“new body or new major component” means a new body,
5099+cab, frame, front end clip or rear en d clip,
5100+b. which is not a salvage, rebuilt, or junked vehicle as
5101+defined by paragraph 1, 2, or 6 of subsection A of
5102+Section 1105 of this title, and
5103+c. for which Service Oklahoma has assigned or will assign
5104+a new identifying number;
5105+28. 31. “Recreational off-highway vehicle” means a vehicle
5106+manufactured and used exclusively for off -highway use, traveling on
5107+four or more non-highway tires, and being sixty -five (65) inches or
5108+less in width;
5109+29. 32. “Recreational vehicle” means eve ry vehicle which is
5110+built on or permanently attached to a self-propelled motor chassis
5111+or chassis cab which becomes an integral part of the completed
5112+vehicle and is capable of being operated on the highways. In order
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5138+
5139+to qualify as a recreational vehicle pursuant to this paragraph su ch
5140+vehicle shall be perma nently constructed and equipped for human
5141+habitation, having its own sleeping and kitchen facilities,
5142+including permanently affixed cooking facilities, water tanks and
5143+holding tank with permanent toilet facilities. Recreational ve hicle
5144+shall not include manufactured homes or any vehicle with portable
5145+sleeping, toilet and kitchen facilities which are designed to be
5146+removed from such vehicle. Recreational vehicle shall include park
5147+model recreational vehicles as defined in this sect ion;
5148+30. 33. “Remanufactured vehicle” means a vehicle which has been
5149+assembled by a vehicle remanufacturer using a new body and which may
5150+include original, reconditioned, or remanufactured parts, and which
5151+is not a salvage, reb uilt, or junked vehicle as d efined by
5152+paragraphs 1, 2, and 6, respectively, of subsection A of Section
5153+1105 of this title;
5154+31. 34. “Rental trailer” means all small or utility trailers or
5155+semitrailers constructed and suitable for towing by a passenger
5156+automobile and designed only for carrying property, when the
5157+trailers or semitrailers are owned by, or are in the possession of,
5158+any person engaged in renting or leasing such trailers or
5159+semitrailers for intrastate or interstate use or combined intrastate
5160+and interstate use;
5161+32. 35. “Special mobilized machinery ” means special purpose
5162+machines or devices, either self -propelled or drawn as trailers or
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5189+semitrailers, which derive no revenue from the transportation of
5190+persons or property, whose use of the highway is only incidental,
5191+and whose useful revenue producing service is performed at
5192+destinations in an area away from the traveled surface of an
5193+established open highway;
5194+33. 36. “State” means the State of Oklahoma;
5195+34. 37. “Station wagon” means any passenger vehicle which does
5196+not have a separate luggage compar tment or trunk and which does not
5197+have open beds, and has one or more rear seats readily lifted out or
5198+folded, whether same is called a station wagon or ranch wagon;
5199+35. 38. “Street-legal utility vehicle” means a vehicle meeting
5200+the description and specif ications of Section 1 -171.1 of this title;
5201+39. “Temporary decal” means the decal issued by Service
5202+Oklahoma or a licensed operator to be affixed to a license plate and
5203+valid for the period of time betwe en the pre-registration of a motor
5204+vehicle, pursuant to the requirements of Section 1112.2 of this
5205+title, and the registration thereof;
5206+36. 40. “Travel trailer” means any vehicular portable structure
5207+built on a chassis, used as a temporary dwelling for travel,
5208+recreational or vacati onal use, and, when facto ry-equipped for the
5209+road, it shall have a body width not exceeding eight (8) feet and an
5210+overall length not exceeding forty (40) feet, including the hitch or
5211+coupling;
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5238+37. 41. “Travel trailer dealer” me ans any person, firm or
5239+corporation engaged in the bu siness of selling any new and unused,
5240+or used, or both new and used travel trailers. Such information and
5241+a valid franchise letter as proof of authorization to sell any such
5242+new travel trailer product line or lines shall be attach ed to the
5243+application for a dealer license to sell travel trailers. “Travel
5244+trailer dealer” Travel trailer dealer shall not include any person,
5245+firm or corporation who sells or contracts for the sale of his or
5246+her own personally titled travel trailer or t railers. No person,
5247+firm or corporation shall be considered as a travel trailer dealer
5248+as to any travel trailer purchased or acquired by such person, firm
5249+or corporation for purposes other than resale;
5250+38. 42. “Used motor vehicle dealer” means “used motor vehicle
5251+dealer” a used motor vehicle dealer as defined in Section 581 of
5252+this title;
5253+39. 43. “Used vehicle” means any vehicle which has been sold,
5254+bargained, exchanged or given away, or used to the extent that it
5255+has become what is commonly known, and g enerally recognized, as a
5256+“secondhand” vehicle. This shall also include any vehicle other
5257+than a remanufactured vehicle, regardless of age, owned by any
5258+person who is not a dealer;
5259+40. 44. “Utility vehicle” means a vehicle powered by an
5260+internal combustion engine, manufactured a nd used exclusively for
5261+
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5287+off-highway use, equipped with seating for two or more people and a
5288+steering wheel, traveling on four or more wheels;
5289+41. 45. “Vehicle” means any type of conveyance or device in,
5290+upon or by which a person o r property is or may be t ransported from
5291+one location to another upon the avenues of public access within the
5292+state. “Vehicle” Vehicle does not include bicycles, trailers except
5293+travel trailers and rental trailers, or implements of husbandry as
5294+defined in Section 1-125 of this title. All implements of husbandry
5295+used as conveyances shall be required to display the owner’s driver
5296+license number or license plate number of any vehicle owned by the
5297+owner of the implement of husbandr y on the rear of the impleme nt in
5298+numbers not less than two (2) inches in height. The use of the
5299+owner’s Social Security number on the rear of the implement of
5300+husbandry shall not be required; and
5301+42. 46. “Vehicle remanufacturer” means a commercial entity
5302+which assembles remanufact ured vehicles.
5303+SECTION 20. AMENDATORY 47 O.S. 2021, Section 1112.2, as
5304+amended by Section 126, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
5305+2023, Section 1112.2), is amended to read as follows:
5306+Section 1112.2. A. Effective July 1, 201 9, the The license
5307+plate and certificate of registration shall be issued to, and remain
5308+in the name of, the owner of the vehicle registered and the license
5309+plates shall not be transferable between motor vehicle owners. When
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5336+a vehicle is sold or transferre d in the state, the follo wing
5337+registration procedures shall apply:
5338+1. When a current and valid Oklahoma motor vehicle license
5339+plate has been obtained for use on a motor vehicle and the vehicle
5340+has been sold or otherwise transfe rred to a new owner, the lic ense
5341+plate shall be remov ed from the vehicle and retained by the original
5342+plate owner;
5343+2. In the event an owner purchases, trades, exchanges , or
5344+otherwise acquires another vehicle of the same license registration
5345+classification, Service Oklahoma shall aut horize the transfer of th e
5346+current and valid license plate previously obtained by the owner to
5347+the replacement vehicle for the remainder of the current
5348+registration period. In the event the owner acquires a vehicle
5349+requiring payment of additional registra tion fees, the owner shal l
5350+request a transfer of the license plate to the newly acquired
5351+vehicle and pay the difference in registration fees. The fee shall
5352+be calculated on a monthly prorated basis. The owner shall not be
5353+entitled to a refund:
5354+a. when the registration fee for th e vehicle to which the
5355+plate(s) is to be assigned is less than the
5356+registration fee for that vehicle to which the license
5357+plate(s) was last assigned, or
5358+b. if the owner does not have or does not acquire another
5359+vehicle to which the license plate may be tra nsferred;
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5386+3. Except as provided in paragraph 4 of this subsection, in the
5387+event the owner of a license plate or a dealer seller purchases,
5388+trades, exchanges or otherwise acquires a vehicle for which a
5389+license plate has been issued during the current regis tration
5390+period, and the license plate has not been removed by the previous
5391+owner in accordance with this section, the new owner of the vehicle
5392+shall remove and return the license plate to Service Oklahom a or a
5393+licensed operator destroy or otherwise discard the license plate.
5394+However, if the license plate has expired, the new owner shall not
5395+be required to surrender destroy or otherwise discard the license
5396+plate;
5397+4. When a lender or lender’s agent repossesses a vehicle and
5398+the license plate has not been re moved in accordance with this
5399+section, the lender or lender’s agent shall not be subject to the
5400+provisions of this section and the license plate shall be considered
5401+removable personal property and may be reclaimed from the
5402+repossessed vehicle; and
5403+5. If a person purchases a motor vehicle from which the number
5404+plates have been removed pursuant to this section, the person may
5405+operate the motor vehicle for fifteen (15) five (5) calendar days
5406+from the date of purchase without number pl ates if a dated,
5407+notarized bill of sale is carried in the motor vehicle. If the
5408+vehicle is subject to a lien, the person may obtain a thirty-day
5409+ten-day temporary plate issued either from the dealer seller or by a
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5436+licensed operator pursuant to the promulg ation of rules by Service
5437+Oklahoma to implement a licensed operator -issued temporary plate
5438+pursuant to this paragraph ; and
5439+6. a. Within two (2) business days of the date of sale or
5440+transfer of the motor vehicle, either the seller or
5441+the purchaser of the mo tor vehicle shall complet e the
5442+pre-registration of the vehicle by submitting
5443+documentation to Service Oklahoma or a licensed
5444+operator identifying the motor vehicle subject to the
5445+sell or transfer, purchaser information, and any
5446+associated state-issued license plate on the vehicle.
5447+Pre-registration may be accomplished either in person
5448+at Service Oklahoma or a licensed operator location or
5449+by means of an electronic transaction or online system
5450+established by Service Oklahoma in accordance with
5451+Section 1132B of this title. Service O klahoma or the
5452+licensed operator shall:
5453+(1) provide information and instructions to the
5454+purchaser to complete the registration
5455+transaction as required by the Oklahoma Vehicle
5456+License and Registration Act ,
5457+(2) if no license plate wa s transferred to the moto r
5458+vehicle as a result of the purchase or transfer,
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5485+issue a license plate with a temporary decal to
5486+the purchaser, and
5487+(3) if there was an existing license plate
5488+transferred to the motor vehicle, issue a
5489+temporary decal to the exist ing license plate,
5490+and
5491+b. upon the effective date of this act, Service Oklahoma
5492+is authorized to set the licensed operator
5493+compensation pursuant to Section 3 -103 of this title
5494+for processing the documentation submitted and issui ng
5495+the license plate and/or decal pursuant to this
5496+subsection.
5497+B. 1. The new owner of a motor vehicle shall, within thirty
5498+(30) calendar days two (2) months from the date of vehicle purchase
5499+or acquisition, make application to record the registration of the
5500+vehicle by the transfer to, or purchase of, a lic ense plate for the
5501+newly acquired vehicle with Service Oklahoma or the licensed
5502+operator and shall pay all taxes and fees provided by law.
5503+2. Any person failing to register a motor vehicle by timely
5504+transferring the license plate as provided by this secti on shall pay
5505+the penalty levied in Section 1132 of this title.
5506+C. A surviving spouse, desiring to operate a vehicle devolving
5507+from a deceased spouse, shall present an application for certificate
5508+of title to Service Oklahoma or the licensed operator in his or her
5509+
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5535+name within thirty (30) days two (2) months of obtaining ownership.
5536+Service Oklahoma or the licensed operator shall then transfer the
5537+license plate to the surviving spouse.
5538+D. Service Oklahoma shall be authorized to promu lgate such
5539+rules as may be required to implement the license plate transfers
5540+authorized by this section including, but not limited to, such rules
5541+as may be required for a system under which the license plate is
5542+registered to an individual and not a vehicle for all license plates
5543+issued on or after July 1, 2019.
5544+E. Service Oklahoma, in cooperation with appropriate state
5545+agencies, commissions, and other organizations, is directed to
5546+develop, promote, and coordinate a public awaren ess program to be
5547+utilized in making Oklahomans aware of the requirements of this
5548+section.
5549+SECTION 21. AMENDATORY 47 O.S. 2021, Section 1112.3, is
5550+amended to read as follows:
11115551 Section 1112.3. A. Except as otherwise provided in subsection
11125552 B of this section, a t all times while a vehic le is being used or
11135553 operated on the roads of this state, the operator of the vehicle
11145554 shall have in his or her possession or carry in the vehicle and
11155555 exhibit upon demand to any peace officer of the state or duly
11165556 authorized employee of the Department of Publ ic Safety, either a:
1117-
11185557 1. Registration certificate, an electronic version of the
11195558 registration certificate , or an official copy thereof. In addition,
5559+
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11205585 the vehicle operator may redact home address information printed on
11215586 the registration certificate;
1122-
11235587 2. True copy of rental or lease documentation issued for a
11245588 motor vehicle;
1125-
11265589 3. Registration certificate, an electronic version of the
11275590 registration certificate , or an official copy thereof issued for a
11285591 replacement vehicle in the same registr ation period. In additio n,
11295592 the vehicle operator may redact home address information printed on
11305593 the registration certificate;
1131-
11325594 4. Temporary receipt printed upon self -initiated electronic
11335595 renewal of a registration via the Internet; or
1134-
11355596 5. Cab card issued fo r a vehicle registered un der the
11365597 International Registration Plan.
1137-
11385598 B. The provisions of subsection A of this section shall not
11395599 apply to the first thirty (30) days two (2) months after purchase of
11405600 a replacement vehicle.
1141-
1142-ENR. S. B. NO. 2035 Page 27
1143-
1144-SECTION 8. AMENDATORY 47 O.S. 2021, Section 1113, as
5601+SECTION 22. AMENDATORY 47 O.S. 2021, Section 1113, as
11455602 last amended by Section 127, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
11465603 2023, Section 1113), is amended to read as follows:
1147-
11485604 Section 1113. A. 1. Except for all -terrain vehicles, utility
11495605 vehicles and motorcycles used exclusively off roads an d highways,
11505606 upon the filing of a registration application and the payment of the
11515607 fees provided for in the Oklahoma Vehicle License and Registration
11525608 Act, Service Oklahoma or the Corporation Commission, as applicable,
5609+
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11535635 shall assign to the vehicle described in the application a
11545636 distinctive number, and issue to the owner of the vehicle a
11555637 certificate of registration, one license plate and a yearly decal ,
11565638 unless otherwise previously issued pursuant to the Oklahoma Vehicle
11575639 License and Registration Act. Service Oklahoma shall assign an all -
11585640 terrain vehicle, utility vehicle or motorcycle used exclusively off
11595641 roads and highways a distinctive number and issue to the owner a
11605642 certificate of registration and a decal but not a license plate.
11615643 For each subsequent registratio n year, Service Oklahoma shall issue
11625644 a yearly decal to be affixed to the license plate, except for an
11635645 all-terrain vehicle, utility vehicle or motorcycle used exclusively
11645646 off roads and highways. The initial decal for an all -terrain
11655647 vehicle, utility vehicle or motorcycle shall be attached to the
11665648 front of the vehicle and shall be in clear view. The decal shall be
11675649 on the front or on the front fork of the motorcycle used exclusively
11685650 off roads and highways an d the decal shall be in clea r view. The
11695651 yearly decal shall have an identification number and the last two
11705652 numbers of the registration year for which it shall expire. Except
11715653 as provided by Section 1113A of this title, the license plate shall
11725654 be affixed to the exterior of the vehicle until a replacement
11735655 license plate is applied for. If the owner applies for a
11745656 replacement license plate, Service Oklahoma shall charge the fee
11755657 provided for in Section 1114 of this title. The yearly decal will
11765658 validate the license plate for each registrat ion period other than
5659+
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11775685 the year the license plate is issued. The license plate and decal
11785686 shall be of such size, color, design , and numbering as Service
11795687 Oklahoma may direct. However, yearly decals issued to the owner of
11805688 a vehicle who has filed an affidavit with the appropriate lic ensed
11815689 operator in accordance with Section 7 -607 of this title shall be a
11825690 separate and distinct color from all other decals issued under this
11835691 section. Before the effective date of this act, Service Oklah oma
11845692 shall also issue a month ly decal which shall incl ude a two-letter
1185-
1186-ENR. S. B. NO. 2035 Page 28
11875693 abbreviation corresponding to the county in which the vehicle is
11885694 registered. Service Oklahoma shall issue all decals in the
11895695 possession of Service Oklahoma on the effective date of this act
11905696 before issuing any decal s which do not contain th e county
11915697 abbreviation.
1192-
11935698 2. a. The operation of a street -legal utility vehicle on the
11945699 streets and highways of this state requires the
11955700 vehicle be issued a certificate of registration and
11965701 license plate to be renewed annually. Upon the filing
11975702 of a registration application and the payment of the
11985703 fees provided for in the Oklahoma Vehicle License and
11995704 Registration Act, Service Oklahoma or the Corporation
12005705 Commission, as applicable, shall assign to the vehicle
12015706 described in the application a d istinctive number, and
12025707 issue to the owner of the vehicle a certificate of
12035708 registration, one license plate and a yearly decal.
5709+
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12045735 For each subsequent registration year, Service
12055736 Oklahoma shall issue a yearly decal to be affixed to
12065737 the license plate. The initi al decal for a street -
12075738 legal utility vehicle shall be attached to the front
12085739 of the vehicle and shall be in clear view. The yearly
12095740 decal shall have an identification number and the last
12105741 two numbers of the registration year for which it
12115742 shall expire. Except as provided by Section 1 113A of
12125743 this title, the license plate shall be affixed to the
12135744 exterior of the vehicle until a replacement license
12145745 plate is issued. If the owner applies for a
12155746 replacement license plate, Service Oklahoma shall
12165747 charge the fee provide d for in Section 1114 of this
12175748 title. The yearly decal will validate the license
12185749 plate for each registration period other than the year
12195750 the license plate is issued. The license plate and
12205751 decal shall be of such size, color, design , and
12215752 numbering as Service Oklahoma may direct. Ho wever,
12225753 yearly decals issued to the owner of a vehicle who has
12235754 filed an affidavit with the appropriate licensed
12245755 operator in accordance with Section 7 -607 of this
12255756 title shall be a separate and distinct col or from all
12265757 other decals issued under this section.
12275758
1228-
1229-ENR. S. B. NO. 2035 Page 29
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12305784 b. Service Oklahoma shall design and issue a temporary
12315785 tag to out-of-state owners of street -legal utility
12325786 vehicles. The temporary tag shall be recognized in
12335787 lieu of registration in this state. The temporary tag
12345788 shall clearly indicate the date of issuance and the
12355789 date of expiration, which shall be five (5) days,
12365790 including the day of issuance. Upon application for a
12375791 temporary tag, the out -of-state owner shall show proof
12385792 of insurance coverage that satisfie s the requirements
12395793 of the Compulsory Insurance Law pu rsuant to Section 7-
12405794 600 et seq. of this title. Service Oklahoma is
12415795 authorized to promulgate rules and procedures to
12425796 implement the provisions of this paragraph.
1243-
12445797 3. The license plate shall be securely attached to the rear of
12455798 the vehicle, except truck-tractor plates which shall be attached to
12465799 the front of the vehicle. Service Oklahoma may, with the
12475800 concurrence of the Department of Public Safety, by Joint Rule,
12485801 change and direct the manner, place , and location of display of any
12495802 vehicle license plate when suc h action is deemed in the public
12505803 interest. The license plate, decal and all letters and numbers
12515804 shall be clearly visible at all times. The operation of a vehicle
12525805 in this state, regardless of where such vehicle is registered, upon
12535806 which the license plate is covered, overlaid , or otherwise screened
5807+
5808+ENGR. S. B. NO. 2035 Page 41 1
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12545833 with any material, whether such material be clear, translucent,
12555834 tinted or opaque, shall be a violation of this paragraph.
1256-
12575835 4. Upon payment of the annual regist ration fee provided in
12585836 Section 1133 of this title, Se rvice Oklahoma or the Corporation
12595837 Commission, as applicable, or a licensed operator may issue a
12605838 permanent nonexpiring license plate to an owner of one hundred or
12615839 more commercial motor vehicles and for vehicles registered under the
12625840 provisions of Section 112 0 of this title. Upon payment of the
12635841 annual registration fee, Service Oklahoma or the Corporation
12645842 Commission shall issue a certificate of registration that shall be
12655843 carried at all times in the vehicle f or which it is issued.
12665844 Provided, if the registrant s ubmits its application through
12675845 electronic means, such qualified owners of one hundred or more
12685846 commercial motor vehicles, properly registered pursuant to the
12695847 provisions of Section 1133 of this title, may elect to receive a
12705848 permanent certificate of registrat ion that shall be carried at all
12715849 times in the vehicle for which it is issued.
1272-
1273-ENR. S. B. NO. 2035 Page 30
1274-
12755850 5. Every vehicle owned by an agency of this state shall be
12765851 exempt from the payment of registration fees required by this tit le.
12775852 Provided, such vehicle shall be registered and s hall otherwise
12785853 comply with the provisions of the Oklahoma Vehicle License and
12795854 Registration Act.
12805855
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12815881 B. The license plates required under the provisions of this
12825882 title shall conform to the requirements and specifications listed
12835883 hereinafter:
1284-
12855884 1. Each license pla te shall have a space for the placement of
12865885 the yearly decals for each succeeding year of registration after the
12875886 initial issue;
1288-
12895887 2. The provisions of the Oklahoma Vehicle License and
12905888 Registration Act rega rding the issuance of yearly decals shall not
12915889 apply to the issuance of apportioned license plates, including
12925890 license plates for state vehicles, and exempt plates for
12935891 governmental entities and fire departments organized pursuant to
12945892 Section 592 of Title 18 of the Oklahoma Statutes;
1295-
12965893 3. All license plates and d ecals shall be made with
12975894 reflectorized material as a background to the letters, numbers and
12985895 characters displayed thereon. The reflectorized material shall be
12995896 of such a nature as to provide effective and dependable brightness
13005897 during the service period for which the license plate or decal is
13015898 issued;
1302-
13035899 4. Except as otherwise provided in this subsection, Service
13045900 Oklahoma shall design appropriate official license plates for all
13055901 state vehicles. Such license plates shall be permanent in n ature
13065902 and designed in such manner as to remain with the vehicle for the
13075903 duration of the vehicle’s life span or until the title is
13085904 transferred to a nongovernmental owner;
13095905
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13105931 5. Within the limits prescribed in this section, Service
13115932 Oklahoma shall design approp riate official license pl ates for
13125933 vehicles of the Oklahoma Highway Patrol. The license plates shall
13135934 have the legend “Oklahoma OK” and shall contain the letters “OHP”
13145935 followed by the state seal and the badge number of the Highway
1315-
1316-ENR. S. B. NO. 2035 Page 31
13175936 Patrol officer to whom the vehicle is assigned. Th e words “Oklahoma
13185937 Highway Patrol” shall also be included on such license plates;
1319-
13205938 6. Within the limits prescribed in this section, Service
13215939 Oklahoma shall design appropriate official license plates for
13225940 vehicles of the Oklahoma Military Department of the State of
13235941 Oklahoma. Such license plates shall have the legend “Oklahoma OK”
13245942 and shall contain the letters “OMD” followed by the state seal and
13255943 three numbers or letters as designated by the Adjutant General. The
13265944 words “Oklahoma Milita ry Department” shall also be included on such
13275945 license plates;
1328-
13295946 7. Within the limits prescribed in this section, Service
13305947 Oklahoma shall design appropriate official license plates for
13315948 vehicles of the Oklahoma Department of Correct ions. Such license
13325949 plates shall contain the letters “DOC” followed by the Department of
13335950 Corrections badge and three numbers or letters or combination of
13345951 both as designated by the Director of the agency. The words
13355952 “Department of Corrections” shall also be included on such license
13365953 plates; and
13375954
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13385980 8. Within the limits prescribed in this section, the Oklahoma
13395981 Tourism and Recreation Department shall design any license plates
13405982 required by the initiation of a license plate reissuance by Service
13415983 Oklahoma at the reque st of the Department of Publ ic Safety pursuant
13425984 to the provisions of Section 1113.2 of this title. Any such new
13435985 designs shall be submitted by the Oklahoma Tourism and Recreation
13445986 Department to the Department of Public Safety for its approval prior
13455987 to being issued by Service Oklahoma.
1346-
13475988 C. Where the applicant h as satisfactorily shown that the
13485989 applicant owns the vehicle sought to be registered but is unable to
13495990 produce documentary evidence of the ownership, a license plate may
13505991 be issued upon approval by Service Oklahoma or the Corporation
13515992 Commission, as applicable . In such instances the reason for not
13525993 issuing a certificate of title shall be indicated on the receipt
13535994 given to the applicant. It shall still be the duty of the applicant
13545995 to immediately take all necessary steps to obtain the Okl ahoma
13555996 certificate of title and it shall be unlawful for the applicant to
13565997 sell the vehicle until the certificate has been obtained in the
13575998 applicant’s name.
1358-
1359-
1360-ENR. S. B. NO. 2035 Page 32
13615999 D. The certificate of registration provided for in this section
13626000 shall be in convenient form, and the certificate of registrat ion, or
13636001 a certified copy or photostatic copy thereof, duly authenticated by
13646002 Service Oklahoma or the Corporation Commission, as applicable, shall
13656003 be carried at all times in or upon all vehicles so registered, in
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13666030 such manner as to pe rmit a ready examination thereof upon demand by
13676031 any peace officer of the state or duly authorized employee of the
13686032 Department of Public Safety. Any such officer or agent may seize
13696033 and hold such vehicle when the operator of the s ame does not have
13706034 the registration certificate in the operator’s possession or when
13716035 any such officer or agent determines that the registration
13726036 certificate has been obtained by misrepresentation of any essential
13736037 or material fact or when any number or identifying information
13746038 appearing on such certificate has b een changed, altered, obliterated
13756039 or concealed in any way, until the proper registration or
13766040 identification of such vehicle has been made or produced by the
13776041 owner thereof.
1378-
13796042 E. The purchaser of a new or us ed manufactured home shall,
13806043 within thirty (30) days o f the date of purchase, register the home
13816044 with Service Oklahoma or a licensed operator pursuant to the
13826045 provisions of Section 1117 of this title. For a new manufactured
13836046 home, it shall be the responsibility of the dealer selling the home
13846047 to place a temporary license plate on the home in the same manner as
13856048 provided in Section 1128 of this title for other new motor vehicles.
13866049 For the first year that any manufactured home is registered in this
13876050 state, Service Oklahoma shall issue a metal license plate which
13886051 shall be affixed to the manufactured home. The temporary dealer
13896052 license plate or the metal license plate shall be displayed on the
13906053 manufactured home at all times when upon a public roadway; provided,
6054+
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13916080 a repossession affidavit issued pu rsuant to Sections 1110 a nd 1126
13926081 of this title shall be permissible in lieu of a current license
13936082 plate and decal for the purposes of removing a repossessed
13946083 manufactured home to a secure location. Manufactured homes
13956084 previously registered and subject to ad valorem taxation as provi ded
13966085 by law shall have a decal affixed at the time ad valorem taxes are
13976086 paid for such manufactured home; provided, for a manufactured home
13986087 permanently affixed to real estate, no decal or license plate shall
13996088 be required to be affixed and the owner thereof sh all be given a
14006089 receipt upon payment of ad valorem taxes due on the home. Service
14016090 Oklahoma shall make sufficient plates and decals available to the
14026091 various licensed operators of the state in order for an owner of a
1403-
1404-ENR. S. B. NO. 2035 Page 33
14056092 manufactured home to acquire the plate or decal. A one-dollar fee
14066093 shall be charged for issuance of any plate or decal. The fee shall
14076094 be apportioned each month to the General Revenue Fund of the State
14086095 Treasury.
1409-
14106096 F. The decal shall be easily visible for purposes of
14116097 verification by a county assess or that the manufactured home is
14126098 properly assessed for ad valorem taxation. In the first year of
14136099 registration, a decal shall be issued for placement on the license
14146100 plate indicating payment of applicable registration fees and excis e
14156101 taxes. A duplicate man ufactured home registration decal shall be
14166102 affixed inside the window nearest the front door of the manufactured
14176103 home. In the second and all subsequent years for which the
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14186130 manufactured home is subject to ad valorem taxation, an ann ual decal
14196131 shall be affixed inside the window nearest the front door as
14206132 evidence of payment of ad valorem taxes. Service Oklahoma shall
14216133 issue decals to the various county treasurers of the state in order
14226134 for a manufactured home owner to obtain such decal e ach year. Upon
14236135 presentation of a valid ad valorem tax receipt, the manufactured
14246136 home owner shall be issued the annual decal.
1425-
14266137 G. Upon the registration of a manufactured home in this state
14276138 for the first time or upon discovery of a manufactured home
14286139 previously registered within thi s state for which the information
14296140 required by this subsection is not known, Service Oklahoma shall
14306141 obtain:
1431-
14326142 1. The name of the owner of the manufactured home;
1433-
14346143 2. The serial number or identification numb er of the
14356144 manufactured home;
1436-
14376145 3. A legal description or address of the location for the home;
1438-
14396146 4. The actual retail selling price of the manufactured home
14406147 excluding Oklahoma taxes;
1441-
14426148 5. The certificate of title number for the home; and
1443-
14446149 6. Any other information which Service Oklahoma deems to be
14456150 necessary.
1446-
1447-
1448-ENR. S. B. NO. 2035 Page 34
14496151 The application for registration shall also include the school
14506152 district in which the manufactured home is located or is to be
14516153 located. The information shall be entered into a computer data
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14526180 system which shall be used by Service Oklah oma to provide
14536181 information to county assessors upon request by the assessor. The
14546182 assessor may request any information from the system in order to
14556183 properly assess a manufactured home for ad valorem taxation.
1456-
1457-SECTION 9. AMENDATORY 47 O.S. 2021, Section 1113A, as
6184+SECTION 23. AMENDATORY 47 O.S. 2021, Section 111 3A, as
14586185 amended by Section 128, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
14596186 2023, Section 1113A), is amended to read as follows:
1460-
14616187 Section 1113A. A. As used in this section:
1462-
14636188 1. “First vehicle” means the vehi cle from which a license pla te
14646189 is removed and transfe rred to a second vehicle;
1465-
14666190 2. “Second vehicle” means the vehicle to which a license plate
14676191 is transferred after removal from a first vehicle; and
1468-
14696192 3. “Vehicle” means a passenger vehicle and does not include
14706193 farm or commercial vehicl es.
1471-
14726194 B. A person may reta in the license plate of any vehicle
14736195 registered to such person for purposes of transferring such license
14746196 plate to a second vehicle registered to such person. The license
14756197 plate removed from the first vehi cle may be transferred to a new or
14766198 used second vehicle. The procedure for transfer shall be as
14776199 follows:
1478-
14796200 1. If the license plate removed from the first vehicle is
14806201 transferred to a new motor vehicle, the owner shall obtain a
14816202 replacement license plate from Service Oklahoma or one of i ts
14826203 licensed operators within ten (10) days of removal of the license
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14836230 plate and upon payment of the fee required for a replacement plate
14846231 and an additional Ten Dollars ($10.00). The replacement plate shall
14856232 bear an expiration date that corresponds to the exp iration date on
14866233 the license plate removed from the first vehicle. The replacement
14876234 plate shall be affixed to the first vehicle immediately upon removal
14886235 of the existing license plate. The license plate removed from the
14896236 first vehicle shall be affixed to the second vehicle upon payment by
14906237 the owner of all applicable registration and license fees
1491-
1492-ENR. S. B. NO. 2035 Page 35
14936238 immediately. Additionally, within two (2) business days of the date
14946239 of the sale or transfer of the motor vehicle, the parties must
14956240 submit the requisite documentation to Service Oklahoma or a licensed
14966241 operator identifying the motor vehicle subject to the sale or
14976242 transfer, purchaser information, and any associated license plate on
14986243 the vehicle, pursuant to the requirements of Section 1112.2 of this
14996244 title. For sales invo lving a dealer seller, th e dealer must submit
15006245 the requisite documentation to Service Oklahoma or a licensed
15016246 operator within two (2) business days . Transfer of a license plate
15026247 to a new motor vehicle as authorized by this paragra ph shall not
15036248 relieve the owner of payment for registr ation or license fees
15046249 applicable to such new motor vehicle as required by this title.
1505-
15066250 2. If the license plate removed from the first vehicle is
15076251 transferred to a second vehicle already displaying a license plate,
15086252 the owner shall obtain the replacement lice nse plate required by
15096253 paragraph 1 of this subsection. The replacement plate shall be
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15106280 affixed to the first vehicle and shall bear the expiration date of
15116281 the license plate removed from the first vehicle. The license plate
15126282 from the second vehicle shall be r emoved and returned to Service
15136283 Oklahoma or one of its licensed operators. The license plate
15146284 removed from the first vehicle shall then be affixed to the second
15156285 vehicle. The removed plate from the first vehicle shall bear an
15166286 expiration date identical to th e plate removed from the second
15176287 vehicle. Additionally, within two (2) business days of the date of
15186288 the sale or transfer of the motor vehicle, the parties must submit
15196289 the requisite documentation to Servi ce Oklahoma or a licensed
15206290 operator identifying the mo tor vehicle subject to the sale or
15216291 transfer, purchaser information, and any associated license plate on
15226292 the vehicle, pursuant to the requirements of Section 1112.2 of this
15236293 title.
1524-
15256294 C. Service Oklahoma shall be authorized to promulga te such
15266295 rules or regulations as may be required to implement the license
15276296 plate transfers authorized by this section.
1528-
15296297 D. In the event a person fails to obtain a replacement license
15306298 plate as provided for in this section within th e time prescribed for
15316299 the registration of the new or used second vehicle, a penalty of
15326300 twenty-five cents ($0.25) per day shall be assessed from the day
15336301 following the period prescribed for registration to the date of
15346302 acquisition of the replacement license plate, such penalty to accrue
15356303
1536-ENR. S. B. NO. 2035 Page 36
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15376329 for no more than thirty (30) days, at the end of which time the
15386330 penalty shall be twice the registration cost of such vehicle.
1539-
1540-SECTION 10. AMENDATORY 47 O.S. 2021, Section 1132, a s
6331+SECTION 24. AMENDATORY 47 O.S. 2021, Section 1132, as
15416332 last amended by Sectio n 146, Chapter 282, O.S.L. 2 022 (47 O.S. Supp.
15426333 2023, Section 1132), is amended to read as follows:
1543-
15446334 Section 1132. A. For all vehicles, unless otherwise
15456335 specifically provided by the Oklahoma Vehicle License and
15466336 Registration Act, a registration fee shall be assessed at the time
15476337 of initial registration by the owner and annually thereafter, for
15486338 the use of the avenues of public access within this state in the
15496339 following amounts:
1550-
15516340 1. For the first through the fourth year of registration in
15526341 this state or any other state, Eighty-five Dollars ($85.00);
1553-
15546342 2. For the fifth through the eighth year of registration in
15556343 this state or any other state, Seventy -five Dollars ($75.00);
1556-
15576344 3. For the ninth through the twelfth year of registration in
15586345 this state or any other state, Fifty -five Dollars ($55.00);
1559-
15606346 4. For the thirteenth thr ough the sixteenth year of
15616347 registration in this state or any other state, Thirty -five Dollars
15626348 ($35.00); and
1563-
15646349 5. For the seventeenth and any following year of registration
15656350 in this state or any other state , Fifteen Dollars ($15.00).
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15666376
15676377 The registration fee prov ided for in this subsection shall be in
15686378 lieu of all other taxes, general or local, unless otherwise
15696379 specifically provided.
1570-
15716380 On and after January 1, 2022, if a physically disabled license
15726381 plate is issued pursuant to paragraph 3 of su bsection B of Section
15736382 1135.1 of this title, any registration fee required for such license
15746383 plate and the fee required pursuant to this subsection shall be
15756384 remitted at the same time and subject to a single registration
15766385 period. Upon receipt of a physically disabled license plate, t he
15776386 standard issue standard-issue license plate must be surrendered to
15786387 Service Oklahoma or the licensed operator. The physically disabled
1579-
1580-ENR. S. B. NO. 2035 Page 37
15816388 license plate must be properly displayed as required for a standard
15826389 issue standard-issue license plate and will be the sole license
15836390 plate issued and assigned to the vehicle. Service Oklahoma shall
15846391 determine, by rule, a method for making required fee adjustments
15856392 when a physically disabled license plate is obtained durin g a
15866393 twelve-month period for which a registration fee has already been
15876394 remitted pursuant to this subsection. The combination of fees in a
15886395 single remittance shall not alter the apportionment otherwise
15896396 provided for by law.
1590-
15916397 B. For all-terrain vehicles and motorcycles used exclusively
15926398 for use off roads or highw ays purchased on or after July 1, 2005,
15936399 and for all-terrain vehicles and motorcycles used exclusively for
15946400 use off roads or highways purchased prior to July 1, 2005, which the
6401+
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15956427 owner chooses to register pu rsuant to the provisions of Section
15966428 1115.3 of this title, an initial and nonrecurring registration fee
15976429 of Eleven Dollars ($11.00) shall be assessed at the time of initial
15986430 registration by the owner. Nine Dollars ($9.00) of the registration
15996431 fee shall be deposited in the Oklahoma Tax Commission Reimbursement
16006432 Fund through December 31, 2022, and beginning January 1, 2023, this
16016433 fee shall be deposited in the Service Oklahoma Reimbursement Fund.
16026434 Two Dollars ($2.00) of the registration fee shall be retained by the
16036435 licensed operator. The fee s required by subsection A of this
16046436 section shall not be required for all -terrain vehicles or
16056437 motorcycles used exclusively off roads and highways.
1606-
16076438 C. For utility vehicles used exclusively for use off roads or
16086439 highways purchased on or after July 1, 2008, an d for utility
16096440 vehicles used exclusively for use off roads or highways purchased
16106441 prior to July 1, 2008, which the owner chooses to register pursuant
16116442 to the provisions of Section 1115.3 of this title, an initial and
16126443 nonrecurring registration fee of Eleven Do llars ($11.00) shall be
16136444 assessed at the time of initial registration by the owner. Nine
16146445 Dollars ($9.00) of the registration fee shall be deposited in the
16156446 Oklahoma Tax Commission Reimbursement Fund through December 31,
16166447 2022, and beginning January 1, 2023, this fee shall be deposit ed in
16176448 the Service Oklahoma Reimbursement Fund. Two Dollars ($2.00) of the
16186449 registration fee shall be retained by the licensed operator. The
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16196476 fees required by subsection A of this section shall not be req uired
16206477 for utility vehicles u sed exclusively off roads and highways.
1621-
1622-
1623-ENR. S. B. NO. 2035 Page 38
16246478 D. There shall be a credit allowed with respect to the fee for
16256479 registration of a new vehicle which is a replacement for:
1626-
16276480 1. A new original vehicle which is stolen from the
16286481 purchaser/registrant within ninety (90) da ys of the date of purchas e
16296482 of the original vehicle as certified by a police report or other
16306483 documentation as required by Service Oklahoma; or
1631-
16326484 2. A defective new original vehicle returned by the
16336485 purchaser/registrant to the selle r within six (6) months of t he date
16346486 of purchase of the defective new original vehicle as certified by
16356487 the manufacturer.
1636-
16376488 The credit shall be in the amount of the fee for registration
16386489 which was paid for the new original vehicle and shall be applied to
16396490 the registration fee for the repla cement vehicle. In no ev ent will
16406491 the credit be refunded.
1641-
16426492 E. Upon every transfer or change of ownership of a vehicle, the
16436493 new owner shall obtain title for and, except in the case of salvage
16446494 vehicles and manufactured homes, regi ster the vehicle within thirty
16456495 (30) days two (2) months of change of ownership and pay a transfer
16466496 fee of Fifteen Dollars ($15.00) in addition to any other fees
16476497 provided for in the Oklahoma Vehicle License and Registration Act.
16486498 Additionally, within two (2) business days of the date o f the sale
16496499 or transfer of the motor vehicle, the parties must submit the
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16506526 requisite documentation to Service Oklahoma or a licensed operator
16516527 identifying the motor vehicle subject to the sale or transfer,
16526528 purchaser information, an d any associated license pla te on the
16536529 vehicle, pursuant to the requirements of Section 1112.2 of this
16546530 title. No new decal shall be issued to the registrant for an
16556531 existing license plate . Thereafter, the owner shall register the
16566532 vehicle annually on the anniversary date of its initia l registration
16576533 in this state and shall pay the fees provided in subsection A of
16586534 this section and receive a decal evidencing such payment. Provided,
16596535 used motor vehicle dealers shall be exempt from the provisions of
16606536 this section.
1661-
16626537 F. In the event a new or u sed vehicle is not regist ered,
16636538 titled, and tagged within thirty (30) days two (2) months from the
16646539 date of transfer of ownership, the penalty for the failure of the
16656540 owner of the vehicle to register the vehicle within thirty (30) days
1666-
1667-ENR. S. B. NO. 2035 Page 39
16686541 two (2) months shall be One Dollar ($1.00) per d ay, provided that in
16696542 no event shall the penalty exceed One Hundred Dollars ($100.00). No
16706543 penalty shall be waived by Service Oklahoma or any licensed operator
16716544 except as provided in subsection C of Sectio n 1127 of this title.
16726545 Of each dollar one-dollar penalty collected pursuant to this
16736546 subsection:
1674-
16756547 1. Twenty-one cents ($0.21) shall be apportioned as provided in
16766548 Section 1104 of this title;
16776549
6550+ENGR. S. B. NO. 2035 Page 56 1
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16786575 2. Twenty-one cents ($0.21) shall be retained by the licensed
16796576 operator; and
1680-
16816577 3. Fifty-eight cents ($0.58) shall be depo sited in the General
16826578 Revenue Fund.
1683-
1684-SECTION 11. AMENDATORY 47 O.S. 2021, Section 1137.1, as
6579+SECTION 25. AMENDATORY 47 O.S. 2021, Section 1137.1, as
16856580 last amended by Section 1, Chapter 262, O.S.L. 2023 (47 O.S. Supp.
16866581 2023, Section 1137.1 ), is amended to read as fol lows:
1687-
16886582 Section 1137.1. A. Except for vehicles, travel trailers or
16896583 commercial trailers which display a current Oklahoma license tag,
16906584 upon the purchase or transfer of ownership of a used motor vehicle,
16916585 travel trailer or commercial trailer, including an out -of-state
16926586 purchase or transfer of the same, to a licensed used motor vehicle
16936587 dealer, wholesale used motor vehicle dealer, used travel trailer
16946588 dealer or used commercial trailer dealer, subsequently referred to
16956589 in this section as “ dealer”, the dealer shall af fix a used dealer’s
16966590 plate visible from the rear of the vehicle, travel trailer or
16976591 commercial trailer. Such license plate shall expire on December 31
16986592 of each year. When the vehicle, travel trailer or commercial
16996593 trailer is parked on the dealer’s licensed p lace of business, it
17006594 shall not be required to have a license plate of any kind affixed.
17016595 A dealer shall obtain from Service Oklahoma at a cost of Ten Dollars
17026596 ($10.00) a dealer license plate for demonstrating, transporting or
17036597 any other normal business of a dealer including use by a n individual
17046598 holding a valid salesperson’s license issued by the Oklahoma Used
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17056625 Motor Vehicle and Parts, Dismantler, and Manufactured Housing
17066626 Commission. Any dealer who operates a wrecker or towing service
17076627 licensed pursuant to Sect ions 951 through 957 of t his title shall
17086628 register each wrecker vehicle and display a wrecker license plate on
17096629 each vehicle as required by Section 1134.3 of this title. A dealer
1710-
1711-ENR. S. B. NO. 2035 Page 40
17126630 may obtain as many additional license plates as ma y be desired upon
17136631 the payment of Ten Dollars ($10.00) for each additional license
17146632 plate. Use of the used dealer license plate by a licensed dealer
17156633 for other than the purposes as set forth herein shall constitute
17166634 grounds for revocation of the dealer’s license. Service Oklahoma
17176635 shall design the official used dealer license plate to include the
17186636 used dealer’s license number issued to him or her each year by
17196637 Service Oklahoma or the Oklahoma Used Motor Vehicle and Parts,
17206638 Dismantler, and Manufactured Housing Commission.
1721-
17226639 B. Upon the purchase or transfer of ownersh ip of an out-of-
17236640 state used motor vehicle, travel trailer or commercial trailer to a
17246641 licensed dealer, the dealer shall make application for an Oklahoma
17256642 certificate of title pursuant to the Oklahoma Vehicle License and
17266643 Registration Act, Section 1101 et seq. of this title. Upon receipt
17276644 of the Oklahoma certificate of title, the dealer shall follow the
17286645 procedure as set forth in subsection A of this section. Provided,
17296646 nothing in this title shall be construed as requiring a dealer to
17306647 register a used motor vehicl e, travel trailer or commercial trailer
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17316674 purchased in another state which will not be operated or sold in
17326675 this state.
1733-
17346676 C. Upon sale or transfer of ownership of the used motor vehicle
17356677 or travel trailer, the dealer shall place upon th e reassignment
17366678 portion of the certificate of title a tax stamp issued by the county
17376679 treasurer of the county in which the dealer has his or her primary
17386680 place of business. The tax stamp shall be issued upon payment of a
17396681 fee of Three Dollars and fifty cents ($3.50) and shall be in l ieu of
17406682 the dealer’s ad valorem tax on the inventories of used motor
17416683 vehicles or travel trailers but shall not relieve any other property
17426684 of the dealer from ad valorem taxation.
1743-
17446685 D. Upon sale of a used motor vehicle or travel traile r to
17456686 another licensed dea ler, the selling dealer shall place the tax
17466687 stamp required in subsection C of this section upon the certificate
17476688 of title. The used dealer license plate or wholesale dealer license
17486689 plate shall be removed by the selling dealer. The purchasing dealer
17496690 shall, at time of purchase, place his or her dealer license plate on
17506691 the used motor vehicle, travel trailer or commercial trailer as
17516692 provided in subsection A of this section; provided, for vehicles,
17526693 travel trailers or commercial trailers purchased by a licensed used
17536694 dealer at an auction, in lieu of such placement of the dealer
1754-
1755-ENR. S. B. NO. 2035 Page 41
17566695 license plate, the auction may provide temporary documentation as
17576696 approved by the Director of the Motor Vehicle Division of Service
17586697 Oklahoma for the purpose of tran sporting such vehicle to the
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17596724 purchaser’s point of destination. Such temporary documentation
17606725 shall be valid for two (2) days following the date of sale.
1761-
17626726 E. 1. The purchaser of every used motor vehicle, travel
17636727 trailer, or commercial trailer, except as oth erwise provided by law,
17646728 shall obtain registration and title for the vehicle or trailer
17656729 within two (2) months from the date of purchase of same. It shall
17666730 be the responsibility of the selling dealer to place a temporary
17676731 license plate, in size similar to the permanent Oklahoma licen se
17686732 plate but of a weatherproof plastic -impregnated substance ten-mil
17696733 weatherproof plastic -impregnated paper approved by the Oklahoma Used
17706734 Motor Vehicle and Parts, Dismantler, and Manufactured Housing
17716735 Commission, upon a used motor v ehicle, travel trailer or commercial
17726736 trailer when a transaction is completed for the sale of said such
17736737 vehicle. Provided, upon a determination by the Commission that
17746738 there exists a national shortage of ten -mil weatherproof plas tic-
17756739 impregnated paper, eight -mil weatherproof plastic -impregnated paper
17766740 may be approved by the Commission until it has been determined by
17776741 the Commission the shortage has ended. The temporary license plate
17786742 under this subsection shall be placed at the location provided for
17796743 the permanent motor vehicle license plate. The temporary license
17806744 plate shall show the license number which is issued to the dealer
17816745 each year by Service Oklahoma or the Oklahoma Used Motor Vehicle and
17826746 Parts, Dismantler, and Manufactured Ho using Commission, the date the
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17836773 used motor vehicle, tr avel trailer or commercial trailer was
17846774 purchased of expiration, and the company name of the selling dealer.
1785-
17866775 2. The Oklahoma Used Motor Vehicle and Parts, Dismantler, and
17876776 Manufactured Housing Commission is hereby directed to develo p the
17886777 temporary license plate design to incorporate these requirements in
17896778 a manner that will permit law enforcement personnel to readily
17906779 identify the dealer license number and date of the vehicle purchase
17916780 expiration. The Oklahoma Used Motor Vehicle and Parts, Dismantler,
17926781 and Manufactured Housing Commission is hereby authorized to develop
17936782 additional requirements and parameters as deemed appropriate to
17946783 discourage or prevent illegal duplication and use of the temporary
17956784 license plate. Such temporary license p late shall be valid for a
17966785 period of two (2) months ten (10) days from the date of purchase.
17976786 Use of the temporary license by a dealer for other than the purposes
1798-
1799-ENR. S. B. NO. 2035 Page 42
18006787 set forth herein shall constitute grounds for revocation of the
18016788 dealer’s license to conduct bu siness. Purchasers of a commercial
18026789 trailer shall affix the temporary license plate to the rear of the
18036790 commercial trailer. The purchaser shall display the temporary
18046791 license plate for a period not to exceed two (2) months ten (10)
18056792 days or until registratio n and title are obtained as provided in
18066793 this section.
1807-
18086794 3. The provisions of this subsection on temporary licenses
18096795 shall apply to nonresidents who purchase a used motor vehicle,
18106796 travel trailer, or commercial trailer within this s tate that is to
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18116823 be licensed in another state. The no nresident purchaser shall be
18126824 allowed to operate the vehicle or trailer within the state with a
18136825 temporary license plate for a period not to exceed two (2) months
1814-ten (10) days from date of purchase. Any nonresident purchaser
1815-found to be operating a used motor vehicle, travel trailer , or
1816-commercial trailer within this state after two (2) months shall be
1817-subject to the registration fees of this state upon t he same terms
1818-and conditions applying to residents of this state . Additionally,
1819-within two (2) business days of the date of the sale or transfer of
1820-the vehicle or trailer, the parties shall submit the requisite
1821-documentation to Service Oklahoma or license d operator identifying
1822-the vehicle or trailer subject to the sale or transfer, purchaser
1823-information, and any associated license plate on the vehicle,
1824-pursuant to the requirements of Section 1112.2 of this title .
1825-
6826+from date of purchase. Any nonresident purchaser found to be
6827+operating a used motor vehicle, t ravel trailer, or commercial
6828+trailer within this state after two (2) months shall be subject to
6829+the registration fees of this state upon the same terms and
6830+conditions applying to residents of this state.
18266831 F. It shall be unlawful fo r any dealer to procure t he
18276832 registration and licensing of any used motor vehicle, travel trailer
18286833 or commercial trailer sold by the dealer or to act as the agent for
18296834 the purchaser in the procurement of the registration and licensing
18306835 of the purchaser’s used vehicle, travel trailer , or commercial
18316836 trailer. A license of any dealer violating the provision of this
18326837 section may be revoked.
1833-
18346838 G. Dealers following the procedure set forth herein shall not
18356839 be required to register vehicles, tr avel trailers, or commercial
18366840 trailers to which this s ection applies, nor will the registration
18376841 fee otherwise required be assessed. Provided, dealers shall not
18386842 purchase or trade for a used motor vehicle, travel trailer , or
18396843 commercial trailer on which the registration therefor has bee n
18406844 expired for a period ex ceeding two (2) months without obtaining
18416845 current registration therefor.
18426846
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18446871
18456872 H. A nonprofit charitable organization which is exempt from
18466873 taxation pursuant to the provisions of the Internal Revenue Code, 26
18476874 U.S.C., Section 501(c)(3), an d which accepts donations of used motor
18486875 vehicles previously titled in Oklahoma to be subsequently
18496876 transferred to another owner, upon the qualifying organization
18506877 providing sufficient documentation of its tax -exempt status, may
18516878 obtain from Service Oklahoma c haritable nonprofit organ ization
18526879 license plates for demonstrating, transporting , or test-driving
18536880 donated vehicles, provided that no organization shall possess or use
18546881 at any one time more than eight such plates. Service Oklahoma shall
18556882 design distinctive li cense plates for that pur pose. The cost for
18566883 said such plates shall be the same as provided in subsection A of
18576884 this section for dealer plates.
1858-
18596885 I. The transfer of ownership from the vehicle donor to the
18606886 qualifying nonprofit organization described in subsec tion H of this
18616887 section shall be made without the payment of motor vehicle excise
18626888 tax levied pursuant to Section 2103 of Title 68 of the Oklahoma
18636889 Statutes.
1864-
1865-SECTION 12. AMENDATORY 47 O.S. 2021, Section 1137.2, as
6890+SECTION 26. AMENDATORY 47 O.S. 2021, Section 113 7.2, as
18666891 amended by Section 1 71, Chapter 282, O.S.L. 2 022 (47 O.S. Supp.
18676892 2023, Section 1137.2), is amended to read as follows:
1868-
18696893 Section 1137.2. Service Oklahoma The Oklahoma New Motor Vehicle
18706894 Commission and the Oklahoma Used Motor Vehicle, Dismantler, and
18716895 Manufactured Housing Commissi on shall have the sole authority to
6896+
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18726922 grant the power to issue the dealer license plate specified in
18736923 subsection A of Section 1137.1 of this title to authorized temporary
1874-license plate vendors, pursuant to the provisions of Section 2 of
6924+license plate vendors, pursuant to the provisions of Section 1 of
18756925 this act.
1876-
1877-SECTION 13. AMENDATORY 47 O.S. 2021, Section 1137.3, as
6926+SECTION 27. AMENDATORY 47 O.S. 2021, Section 1137.3, as
18786927 last amended by Section 2, Chapter 262, O.S.L. 2023 (47 O.S. Supp.
18796928 2023, Section 1137.3), is amended to read as follows:
1880-
18816929 Section 1137.3. A. 1. The purchaser of every new motor
18826930 vehicle, travel trailer, or commercial trailer powersports vehicle
18836931 shall register or license the same within two (2) months from the
18846932 date of purchase. It shall be the responsibility of the selling
1885-dealer to place a temporary license plate, twelve (12) inch by six
1886-
1887-ENR. S. B. NO. 2035 Page 44
1888-(6) inch size or in a size similar to the permanent Oklahoma license
1889-plate but of a weatherproof plastic -impregnated substance ten-mil
1890-weatherproof plastic -impregnated paper approved by the Oklahoma New
1891-Motor Vehicle Commission, upon a new motor vehicle, travel t railer,
1892-or commercial trailer powersports vehicle when a transaction is
1893-completed for the sale of said such vehicle or trailer. Provided,
1894-upon a determination by the Commission that there exists a national
1895-shortage of ten-mil weatherproof plastic -impregnated paper, eight-
1896-mil weatherproof plastic -impregnated paper may be approved by the
1897-Commission until it has been determined by the Commission the
1898-shortage has ended. Except for cab and chassis trucks, the
1899-temporary license plate under this section shall be placed at the
1900-location provided for the permanent motor vehicle license plate.
1901-The purchaser of a new cab and chassis truck may place the temporary
1902-license plate under this section in the rear window. Said The
1903-temporary license plate shall show the deal er’s license number which
1904-is issued to him or her each year by Service Oklahoma, the date the
1905-new motor vehicle, travel trailer or commercial trailer was
1906-purchased of expiration, and the company name of the selling dealer.
1907-Additionally, within two (2) bus iness days of the date of the sale
1908-or transfer of the motor vehicle, the selling dealer must submit the
1909-requisite documentation to Service Oklahoma or a licensed operator
1910-identifying the motor vehicle subject to the sale or transfer,
1911-purchaser information, and any associated license plate on the
1912-vehicle, pursuant to the requirements of Section 1112.2 of this
1913-title.
1914-
6933+dealer to place a temporary license pl ate, in size similar to the
6934+permanent Oklahoma licens e plate but of a weatherproof plastic -
6935+impregnated substance ten-mil weatherproof plastic -impregnated paper
6936+approved by the Oklahoma New Motor Vehicle Commission, upon a new
6937+motor vehicle, travel trailer , or commercial trailer powersports
6938+vehicle when a transaction is completed for the sale of said such
6939+vehicle or trailer. Provided, upon a determination by the
6940+Commission that there exists a national shortage of ten -mil
6941+weatherproof plastic -impregnated paper, eight-mil weatherproof
6942+plastic-impregnated paper may be approved by the Commission until it
6943+has been determined by the Commission the shortage has ended.
6944+Except for cab and chassis trucks, the temporary license plate under
6945+this section shall be placed at the location provided fo r the
6946+
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6972+permanent motor vehicle license plate. The purchaser of a new cab
6973+and chassis truck may place the temporary license plate under this
6974+section in the rear window. Said The temporary license plate shall
6975+show the dealer’s li cense number which is issued to him or her each
6976+year by Service Oklahoma, the date the new motor vehicle, travel
6977+trailer or commercial trailer was purchased of expiration, and the
6978+company name of the selling dealer. Additionally, within two (2)
6979+business days of the date of the sale or transfer of the motor
6980+vehicle, the selling dealer must submit the requisite documentation
6981+to Service Oklahoma or a licensed operator identifying the motor
6982+vehicle subject to the sale or transfer, purchaser information, and
6983+any associated license plate o n the vehicle, pursuant t o the
6984+requirements of Section 1112.2 of this title.
19156985 2. The Oklahoma New Motor Vehicle Commission is hereby directed
19166986 to develop a temporary license plate design to incorporate these
19176987 requirements in a manner that will permit law enf orcement personnel
19186988 to readily identify the dealer license number and date of the
19196989 vehicle purchase expiration. The Oklahoma New Motor Vehicle
19206990 Commission is further authorized to develop additional requirements
19216991 and parameters designed to discourage or preve nt illegal duplication
19226992 and use of the temporary license plate. On or before two (2) months
19236993 ten (10) days from the date of purchase of a new motor vehicle,
19246994 travel trailer, or commercial trailer powersports vehicle, said the
19256995 temporary license plate shall be removed and replaced wit h a
6996+
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19267022 permanent, current Oklahoma license plate. Use of said such
19277023 temporary license plate by a licensed dealer for other than the
19287024 purpose of normally doing business shall constitute grounds for
19297025 revocation of the dealer’s license.
1930-
1931-ENR. S. B. NO. 2035 Page 45
1932-
19337026 B. It shall be unlawful fo r any licensed dealer of new motor
19347027 vehicles, travel trailers , or commercial trailers powersports
19357028 vehicle to procure the registration and licensing of any new motor
19367029 vehicle, travel trailer , or commercial trailer powersports vehicle
19377030 sold by such the licensed dealer or to act as the agent for such the
19387031 purchaser in the procurement of said the registration and licensing.
19397032 The license of any licensed dealer of new motor vehicles, travel
19407033 trailers, or commercial trailers powersports vehicle violating the
19417034 provisions of this section shall be revoked.
1942-
1943-SECTION 14. AMENDATORY 47 O.S. 2021, Section 1141.1, as
7035+SECTION 28. AMENDATORY 47 O.S. 2021, Section 1141.1, as
19447036 last amended by Section 13, Chapter 47, 1st Extraordinary Session,
19457037 O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1) , is amended to read
19467038 as follows:
1947-
19487039 Section 1141.1. A. Each licensed operator shall be entitled to
19497040 retain the following amounts from the taxes and fees collected by
19507041 such licensed operator to be used to fund the operation of the
19517042 office of such licensed opera tor subject to the provis ions of
19527043 Sections 1140 through 1147 of this title:
19537044
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19547070 1. Beginning July 1, 2006, through June 30, 2023, Three Dollars
19557071 and fifty-six cents ($3.56) for each vehicle registered pursuant to
19567072 the Oklahoma Vehicle License and Registration Ac t;
1957-
19587073 2. Beginning on or af ter January 1, 2022, through June 30,
19597074 2023, if a special or personalized license plate is issued pursuant
19607075 to Sections 1135.1 through 1135.7 of this title and remittance is
19617076 combined with the registration required pursuant to Section 1132 of
19627077 this title, Seven Dollars and twelve cents ($7.12). Beginning July
19637078 1, 2023, through June 30, 2025, Three Dollars and fifty -six cents
19647079 ($3.56) for each special license plate issued pursuant to Sections
19657080 1135.1 through Section 1135.7 of this title;
1966-
19677081 3. One Dollar and twenty -five cents ($1.25) for each
19687082 certificate of title issued for boats and motors pursuant to the
19697083 Oklahoma Statutes;
1970-
19717084 4. For each certificate of registration issued for boats and
19727085 motors pursuant to the Oklaho ma Statutes, an amount deter mined
19737086 pursuant to the provisions of subsection B of this section;
1974-
1975-ENR. S. B. NO. 2035 Page 46
1976-
19777087 5. Two Dollars and twenty -five cents ($2.25) for each
19787088 certificate of title issued pursuant to the Oklahoma Vehicle License
19797089 and Registration Act. Provided, the fee retention amount for
19807090 certificates of title issued pursuant to the provisions of
19817091 subsection H of Section 1105 of this title, in which an insurer pays
19827092 the optional twenty-two-dollar-fee amount, is Four Dollars and fifty
19837093 cents ($4.50);
19847094
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19857120 6. Beginning July 1 , 2002, through June 30, 202 3, each licensed
19867121 operator shall be entitled to retain three and twenty -five one-
19877122 hundredths percent (3.25%) of the vehicle excise tax collected
19887123 pursuant to Section 2103 of Title 68 of the Oklahoma Statutes;
1989-
19907124 7. Four percent (4%) of the excise tax collected on the
19917125 transfer of boats and motors pursuant to the Oklahoma Statutes
19927126 through June 30, 2025;
1993-
19947127 8. Two Dollars ($2.00) for each driver license, endorsement,
19957128 identification license, or renewal or duplicate issued pursuant to
19967129 Section 6-101 et seq. of this titl e through June 30, 2023;
1997-
19987130 9. Two Dollars ($2.00) for the recording of security interests
19997131 as provided in Section 1110 of this title;
2000-
20017132 10. Two Dollars ($2.00) for each inspection conducted pursuant
20027133 to subsection L of Section 1105 of this title;
2003-
20047134 11. Three Dollars ($3.00) for each in spection conducted
20057135 pursuant to subsection M of Section 1105 of this title;
2006-
20077136 12. One Dollar ($1.00) for each certificate of ownership filed
20087137 pursuant to subsection R of Section 1105 of this title;
2009-
20107138 13. One Dollar ($1.00) for each tem porary permit issued
20117139 pursuant to Section 1124 of this title;
2012-
20137140 14. One Dollar and fifty cents ($1.50) for processing each
20147141 proof of financial responsibility, driver license information,
20157142 insurance verification information, and other additional information
20167143 as provided in Section 7 -602 of this title;
20177144
2018-
2019-ENR. S. B. NO. 2035 Page 47
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20207170 15. The mailing fees and registration fees provided in Sections
20217171 1131 and 1140 of this title;
2022-
20237172 16. The notary fee provided in Section 1143 of this title;
2024-
20257173 17. Three Dollars ($3.00) for ea ch lien entry form completed
20267174 and recorded on a certif icate of title pursuant to subsection G of
20277175 Section 1105 of this title;
2028-
20297176 18. Seven Dollars ($7.00) for each notice of transfer as
20307177 provided by subsection B of Section 1107.4 of this title;
2031-
20327178 19. Seven Dollars ($7.00) for each certific ate of title or each
20337179 certificate of registration issued for repossessed vehicles pursuant
20347180 to Section 1126 of this title;
2035-
20367181 20. Any amount specifically authorized by law to be retained by
20377182 the licensed operator for the furnishing o f a summary of a traffic
20387183 record;
2039-
20407184 21. Beginning July 1, 2009, and through June 30, 2023, each
20417185 licensed operator shall also be entitled to a portion of the
20427186 penalties for delinquent registration or payment of excise tax as
20437187 provided for in subsection C of Section 1115, subsection F of
20447188 Section 1132 and subsectio n C of Section 1151 of this title and of
20457189 subsection A of Section 2103 of Title 68 of the Oklahoma Statutes;
2046-
20477190 22. Beginning January 1, 2023, each licensed operator shall be
20487191 entitled to retain Three Dollar s and fifty-six cents ($3.56) for
20497192 each electric vehicle registered pursuant to the provisions of this
20507193 act and such amount shall be in addition to any other amount
7194+
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20517220 otherwise authorized by this section to be retained with respect to
20527221 a vehicle though June 30, 2025; and
2053-
20547222 23. Beginning January 1, 2023, and through June 30, 2023, each
20557223 licensed operator shall be entitled to retain three and twenty -five
20567224 hundredths percent (3.25%) of the vehicle excise tax collected
20577225 pursuant to Section 2103 of Title 68 of the Oklaho ma Statutes for
20587226 each electric vehicle but such amount shall not be in addition to
20597227 any other amount otherwise authorized by this section to be retained
20607228 with respect to a vehicle ; and
2061-
2062-
2063-ENR. S. B. NO. 2035 Page 48
20647229 24. Upon the effective date of this act, Service Oklahoma is
20657230 authorized to set the licensed operator compensation pursuant to
20667231 Section 3-103 of this title for processing the documentation
20677232 submitted and issuing the license plate and/or decal pursuant to
20687233 this subsection.
2069-
20707234 The balance of the funds collected shall be remitted to Serv ice
20717235 Oklahoma as provided in Section 1142 of this titl e to be apportioned
20727236 pursuant to Section 1104 of this title.
2073-
20747237 B. Through June 30, 2025, for each certificate of registration
20757238 issued for boats and motors, each licensed operator shall be
20767239 entitled to retain the greater of One Dollar a nd twenty-five cents
20777240 ($1.25) or an amount to be determined by Service Oklahoma according
20787241 to the provisions of this subsection. At the end of fiscal year
20797242 1997 and each fiscal year thereafter, Service Oklahoma shall compute
20807243 the average amount of registratio n fees for all boats and motors
7244+
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20817270 registered in this state during the fiscal year and shall multiply
20827271 the result by six and twenty -two one-hundredths percent (6.22%).
20837272 The resulting product shall be the amount which may be retained by
20847273 each licensed operator f or each certificate of re gistration for
20857274 boats and motors issued during the following calendar year.
2086-
20877275 C. When an application for registration is made with Service
20887276 Oklahoma, the Corporation Commission or a licensed operator, a
20897277 registration fee of One Dollar and seventy-five cents ($1.75) shall
20907278 be collected for each license plate or decal issued. Such fees
20917279 shall be in addition to the registration fees on motor vehicles and
20927280 when an application for registration is made to the licensed
20937281 operator such licensed ope rator shall retain a fee as provided in
20947282 Section 1141.1 of this title through June 30, 2023. Beginning July
20957283 1, 2023, the fee shall be retained by the licensed operator pursuant
20967284 to subsection E of Section 1141.1 of this title. W hen the fee is
20977285 paid by a person making application di rectly with Service Oklahoma
20987286 or the Corporation Commission, as applicable, the registration fees
20997287 shall be in the same amount as provided for licensed operators and
21007288 the fee provided by this section shall be deposited in the Service
21017289 Oklahoma Revolving Fund o r as provided in Section 1167 of this
21027290 title, as applicable. Service Oklahoma shall prepare schedules of
21037291 registration fees and charges for titles, which shall include the
21047292 fees for licensed operators, and all fees and charges paid b y a
21057293 person shall be liste d separately on the application and
21067294
2107-ENR. S. B. NO. 2035 Page 49
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21087320 registration and totaled on the application and registration. The
21097321 licensed operators shall charge only such fees as are specifically
21107322 provided for by law, and all such authorized fees shall be po sted in
21117323 such a manner that any person shall have notice of all fees that are
21127324 imposed by law.
2113-
21147325 D. Unless otherwise provided, beginning July 1, 2025, the
21157326 provisions related to the reimbursement, retention, apportionment,
21167327 or distribution of funds to or by lic ensed operators as outlin ed in
21177328 this section shall be retained by the licensed operator pursuant to
21187329 Subsection subsection E of this section.
2119-
21207330 E. Beginning July 1, 2023, unless otherwise provided, licensed
21217331 operators operator compensation shall be fixed by Se rvice Oklahoma
21227332 pursuant to Section 3-103 of this title.
2123-
21247333 1. For fiscal year beginning July 1, 2023, through the fiscal
21257334 year ending on June 30, 2025:
2126-
21277335 a. licensed operators shall be entitled to retain
21287336 nineteen percent (19%) of all fees collected related
21297337 to registrations provided by the Oklahoma Vehicle
21307338 License and Registration Act, pursuant to subsection A
21317339 of Section 1132 of this title, subsection A of Section
21327340 1132.1 of this title, subsection A of Section 1132.4
21337341 of this title, and subsection H of 1140 of this title,
21347342 and
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21367369 b. licensed operators shall be entitled to retain forty
21377370 percent (40%) of all fees collected related to the
21387371 issuance of Class A, Class B, Class C, and Class D
21397372 driver licenses, permits, and identification cards,
21407373 including REAL ID Compliant and RE AL ID Noncompliant
21417374 credentials, pursuant to Section 6 -101 et seq. of this
21427375 title.
2143-
21447376 2. All other fees directed by this section shall default back
21457377 to the apportionment outlined in Section 1104 of this title.
2146-
2147-SECTION 15. This act shall become effective September 1, 2024.
2148-
2149-
2150-ENR. S. B. NO. 2035 Page 50
2151-Passed the Senate the 29th day of April, 2024.
7378+SECTION 29. This act shall become e ffective September 1, 202 4.
7379+Passed the Senate the 12th day of March, 2024.
21527380
21537381
21547382
21557383 Presiding Officer of the Senate
21567384
21577385
2158-Passed the House of Representatives the 23rd day of April, 2024.
7386+Passed the House of Representatives the ____ day of __________,
7387+2024.
21597388
21607389
21617390
21627391 Presiding Officer of the House
21637392 of Representatives
21647393
2165-OFFICE OF THE GOVERNOR
2166-Received by the Office of the Governor this _______ _____________
2167-day of _________________ __, 20_______, at _______ o'clock _______ M.
2168-By: _________________________________
2169-Approved by the Governor of the State of Oklahoma this _______ __
2170-day of _________________ __, 20_______, at _______ o'clock _______ M.
2171-
2172- _________________________________
2173- Governor of the State of Oklahoma
2174-
2175-
2176-OFFICE OF THE SECRETARY OF STATE
2177-Received by the Office of the Secretary of State this _______ ___
2178-day of _________________ _, 20 _______, at _______ o'clock _______ M.
2179-By: _________________________________
7394+