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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 | |
7 | 31 | Senate | |
8 | 32 | ||
9 | 33 | and | |
10 | 34 | ||
11 | - | Hilbert, Bashore, and Menz | |
12 | - | of the House | |
13 | - | ||
14 | - | ||
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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 | |
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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. | |
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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; | |
19 | 103 | authorizing imposition of fees; prescribing vendor | |
20 | 104 | requirements; granting authority to revoke | |
21 | 105 | registration and administer fines and penalties; | |
22 | 106 | prescribing certain bond and insurance requirements; | |
23 | 107 | prescribing requiremen ts for plates; amending 47 O.S. | |
24 | 108 | 2021, Sections 563, as amended by Section 4, Chapter | |
25 | 109 | 29, O.S.L. 2023, and 582, as amended by Sec tion 2, | |
26 | 110 | Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023, | |
27 | 111 | Sections 563 and 582), which relat e to the | |
28 | 112 | establishment, powers, and duti es of the Oklahoma New | |
29 | 113 | Motor Vehicle Commission and the Oklahoma Used Motor | |
30 | 114 | Vehicle, Dismantler, and Manufactured Housing | |
31 | 115 | 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 | |
35 | 118 | Section 126, Chapter 282, O.S.L. 202 2, 1112.3, 1113, | |
36 | 119 | as last amended by Section 127, Chapter 282, O.S.L. | |
37 | 120 | 2022, 1113A, as amended by Section 128, Chapter 282, | |
38 | 121 | O.S.L. 2022, and 1132, as last amended by Secti on | |
39 | 122 | 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 | |
49 | 130 | submission of certain documentation and information | |
50 | 131 | to Service Oklahoma or licensed operator upon t he | |
51 | 132 | sale or transfer of vehicle; requirin g Service | |
52 | 133 | Oklahoma or licensed operator to prov ide certain | |
53 | 134 | information and instructions, issue temporary license | |
54 | 135 | plate under certain circumstance, and issue decal | |
55 | 136 | under certain circumstance; m odifying period before | |
56 | 137 | application for registration is due; modi fying period | |
57 | 138 | of exemption from carry of registr ation; providing | |
58 | 139 | exception to requirement to issue license plate and | |
59 | 140 | decal; authorizing certain contracts and agreements | |
60 | 141 | for implementation of ce rtain electronic systems; | |
61 | 142 | authorizing certain contracts and agreements for | |
62 | 143 | vehicle registration access and the charging and | |
63 | 144 | collecting of tolls; eliminating requirement that | |
64 | 145 | Service Oklahoma issue certain decal; requiring | |
65 | 146 | development, promotion, and coordination of cert ain | |
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66 | 173 | public awareness program; amending 47 O.S. 2021, | |
67 | 174 | Section 1137.1, as la st amended by Section 1, Chapter | |
68 | 175 | 262, O.S.L. 2023 (47 O.S. Supp. 2023, Section | |
69 | 176 | 1137.1), which relates to used dealer license and | |
70 | 177 | registration; modifying required components of | |
71 | 178 | temporary license plates; providing e xception; | |
72 | 179 | modifying period of validity of t emporary license | |
73 | 180 | plate; requiring certain documentation b e submitted; | |
74 | 181 | amending 47 O.S. 2021, Secti on 1137.2, as amended by | |
75 | 182 | Section 171, Chapter 282, O. S.L. 2022 (47 O.S. Supp. | |
76 | 183 | 2023, Section 1137.2), which relates to authority to | |
77 | 184 | issue dealer license plates ; authorizing Oklahoma New | |
78 | 185 | Motor Vehicle Commission and the Oklahoma Used Motor | |
79 | 186 | Vehicle, Dismantler, and Manufactured Housing | |
80 | 187 | Commission to designate c ertain vendor; amending 47 | |
81 | 188 | O.S. 2021, Section 1137.3, as last amended by Section | |
82 | 189 | 2, Chapter 262, O.S.L. 2 023 (47 O.S. Supp. 2023, | |
83 | 190 | Section 1137.3), which relates to registration and | |
84 | 191 | licensing after purcha se; modifying certain | |
85 | 192 | purchasers required to register vehicle or trailer; | |
86 | 193 | modifying required components of temporary license | |
87 | 194 | plates; providing exception; requ iring dealer to | |
88 | 195 | submit certain documentation and information to | |
89 | 196 | Service Oklahoma or licensed opera tor; amending 47 | |
90 | 197 | O.S. 2021, Section 1141.1, as last a mended by Section | |
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93 | 198 | 13, Chapter 47, 1st Extraordinary Session, O.S.L. | |
94 | 199 | 2023 (47 O.S. Supp. 2023, Section 114 1.1), which | |
95 | 200 | relates to retention of taxes and fees by licensed | |
96 | 201 | operator; authorizing Service Oklah oma to set | |
97 | 202 | licensed operator compensation for certain | |
98 | 203 | documentation processing and l icense plate and decal | |
99 | 204 | issuance; updating statutory la nguage; updating | |
100 | 205 | statutory reference; providing for noncodification; | |
101 | 206 | providing for codification; and providing an | |
102 | 207 | effective date. | |
103 | 208 | ||
104 | 209 | ||
105 | 210 | ||
106 | - | SUBJECT: License plates | |
107 | - | ||
108 | 211 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
109 | - | ||
110 | 212 | SECTION 1. NEW LAW A new section of law not to be | |
111 | 213 | 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 | |
114 | 215 | of 2024". | |
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115 | 241 | ||
116 | 242 | SECTION 2. NEW LAW A new section of law to be codified | |
117 | 243 | in the Oklahoma Statutes as Section 1137.4 of Title 47, unless there | |
118 | 244 | is created a duplication i n numbering, reads as follows: | |
119 | - | ||
120 | 245 | A. The Oklahoma New Motor Vehicle Commissio n and the Oklahoma | |
121 | 246 | Used Motor Vehicle, Dismantler, a nd Manufactured Housing Commission | |
122 | 247 | shall have the power and duty to promulgat e rules and procedures to | |
123 | 248 | register authorized tempor ary license plate vendors in this state. | |
124 | 249 | The Commissions may impose a vendor registration fee not to exceed | |
125 | 250 | Six Hundred Dollars ($600.00) and a subsequent annual renewal fee | |
126 | 251 | not to exceed Six Hundred Dollars ( $600.00). | |
127 | - | ||
128 | 252 | B. Oklahoma New Motor Vehicle Com mission and the Oklahoma Used | |
129 | 253 | Motor Vehicle, Dismantler, and Manufactured Hous ing Commission | |
130 | 254 | vendors shall provide pre-printed temporary license plates, or | |
131 | 255 | software services or the equipment and s upplies necessary to print | |
132 | 256 | temporary license plates to dealers licensed by the Oklaho ma New | |
133 | 257 | Motor Vehicle Commission and the Oklahoma Use d Motor Vehicle, | |
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136 | 258 | Dismantler, and Manufactured Housing Commission . Vendors may | |
137 | 259 | provide the following: | |
138 | - | ||
139 | 260 | 1. Provide a method for such dealers to electronical ly enter | |
140 | 261 | required purchaser information for each veh icle purchase; and | |
141 | - | ||
142 | 262 | 2. Electronically submit such required purchaser information to | |
143 | 263 | Service Oklahoma in a manner that protects and meets security | |
144 | 264 | requirements promulgated by the Commissions every twenty-four (24) | |
145 | 265 | hours in a format that is readily acce ssible by Service Oklahoma. | |
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146 | 291 | ||
147 | 292 | C. The Commissions shall also be gran ted the power to revoke | |
148 | 293 | the designation and registration of and a dminister fines and | |
149 | 294 | penalties, not to exceed Ten Tho usand Dollars ($10,000.00) per | |
150 | 295 | occurrence, to registered temporary license pl ate vendors that fail | |
151 | 296 | to comply with the provisions of this se ction. | |
152 | - | ||
153 | 297 | D. The Commissions shall also be gr anted the power to require | |
154 | 298 | the vendors to do the following: | |
155 | - | ||
156 | 299 | 1. Obtain a Fifty Thousand Dollar ($50,000.00) bond; and | |
157 | - | ||
158 | 300 | 2. Obtain commercial liability insurance with a minimum | |
159 | 301 | coverage amount of One Million Dollars ($1,000,000.00). | |
160 | - | ||
161 | 302 | E. Temporary license pla tes issued by authorized temporar y | |
162 | 303 | license plate vendors shall be required to include: | |
163 | - | ||
164 | 304 | 1. A sequential three -character prefix, unique to the | |
165 | 305 | individual authorize d temporary license plate vendor, followed by a | |
166 | 306 | five-digit tag number; | |
167 | - | ||
168 | 307 | 2. The name of this st ate; | |
169 | - | ||
170 | 308 | 3. The name of the vehicle purchaser; | |
171 | - | ||
172 | 309 | 4. The date of expiration; | |
173 | - | ||
174 | 310 | 5. The name of the dealer and the dealer license nu mber; and | |
175 | - | ||
176 | 311 | 6. The year, make, and mode l of the vehicle. Provided, the | |
177 | 312 | name of the vehicle purchaser shall not b e required to be inc luded | |
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180 | 313 | on the temporary license pl ate if the vendor ho lds a record of the | |
181 | 314 | name of the vehicle purchaser and the bill of sale is carried in the | |
182 | 315 | vehicle. | |
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184 | 342 | SECTION 3. AMENDATORY 47 O.S. 2021, Section 563, as | |
185 | 343 | amended by Section 4, Chapt er 29, O.S.L. 2023 (47 O.S. Supp. 2023, | |
186 | 344 | Section 563), is amended to read as fo llows: | |
187 | - | ||
188 | 345 | Section 563. A. There is hereby creat ed the Oklahoma New Motor | |
189 | 346 | Vehicle Commission, to be composed of nine (9) members. Seven of | |
190 | 347 | the members shall ha ve been engaged in t he manufacture, | |
191 | 348 | distribution, or sale of new motor ve hicles and two members sh all be | |
192 | 349 | lay members, all to be appointed by the Governor of the State of | |
193 | 350 | Oklahoma this state, with the advice and consent of the Senate. | |
194 | 351 | Appointments shall be made within thirty (30) days after November 1, | |
195 | 352 | 1985. Each of the Commissioners thus appointed sh all, at the time | |
196 | 353 | of the appointment, be a resi dent in good faith of this state, shal l | |
197 | 354 | be of good moral character, and each of the industry related | |
198 | 355 | industry-related Commissioners shall have been actually engaged in | |
199 | 356 | the manufacture, distribution, or sale of new motor vehicles for not | |
200 | 357 | less than ten (10) years preceding the appointment. The members of | |
201 | 358 | the Commission shall serve at the pleasu re of the Governor. | |
202 | - | ||
203 | 359 | B. 1. The Commissione rs shall elect a chair from among st them | |
204 | 360 | whose term shall be for one (1) year with the right to succeed | |
205 | 361 | himself or herself. | |
206 | - | ||
207 | 362 | 2. There shall be three at large at-large members of the | |
208 | 363 | Commission. Six members of the Commission shall be ap pointed from | |
209 | 364 | the following geographical areas with at least one member from each | |
210 | 365 | area: | |
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211 | 391 | ||
212 | 392 | a. four areas of the state shall be the northwest, | |
213 | 393 | northeast, southwest, and southeast sections | |
214 | 394 | designated by Interstate 35 dividing the state eas t | |
215 | 395 | and west and Interstate 40 dividing the s tate north | |
216 | 396 | and south, excluding O klahoma County and T ulsa County, | |
217 | 397 | and | |
218 | - | ||
219 | 398 | b. two additional areas shall be Oklahoma County and | |
220 | 399 | Tulsa County. | |
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224 | 400 | There shall not be more t han two members of the Commission from any | |
225 | 401 | one area. | |
226 | - | ||
227 | 402 | C. The terms of offi ce of the members fi rst appointed to the | |
228 | 403 | Commission shall be as follows: | |
229 | - | ||
230 | 404 | 1. The members appointed from the northwest, northeast, and | |
231 | 405 | southwest areas shall serve until June 30, 1987; | |
232 | - | ||
233 | 406 | 2. The members appointed from the southeast area and Oklahoma | |
234 | 407 | County and Tulsa County shall serve until June 30, 1989; and | |
235 | - | ||
236 | 408 | 3. The members appointed at large shall serve until June 30, | |
237 | 409 | 1991. | |
238 | - | ||
239 | 410 | Each member shall serve u ntil a successor is appointed and | |
240 | 411 | qualifies. Thereafter, the term of office of each memb er of the | |
241 | 412 | Commission shall be for six (6) y ears. The term of office of any | |
242 | 413 | member will automati cally expire if the membe r moves out of the | |
243 | 414 | geographical area from whic h the member was appointed. In event of | |
244 | 415 | death, resignation, removal, or term automatical ly expiring of any | |
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245 | 442 | person serving on the Co mmission, the vacancy shall be fi lled by | |
246 | 443 | appointment as provided for the unexp ired portion of the term. The | |
247 | 444 | Commission shall meet at in Oklahoma City and complet e its | |
248 | 445 | organization immediately after the membership has been appointed and | |
249 | 446 | has qualified. The chair and each member of the Com mission shall | |
250 | 447 | take and subscribe to the oath of office required of public | |
251 | 448 | officers. | |
252 | - | ||
253 | 449 | D. The members of the Commission shall recei ve reimbursement | |
254 | 450 | for subsistence and traveling expe nses necessarily incurred in the | |
255 | 451 | performance of their duties as provided by the State Travel | |
256 | 452 | Reimbursement Act. | |
257 | - | ||
258 | 453 | E. The Commission shall appoint a qualified person to serve as | |
259 | 454 | Executive Director thereof, w hich person shall have had not less | |
260 | 455 | than ten (10) years of experience in t he motor vehicle ind ustry. | |
261 | 456 | The Executive Director sh all be appointed for a term of six (6) | |
262 | 457 | years, and shall not be subject to dismissal or remo val without | |
263 | 458 | cause. The Commission sha ll fix the salary and prescribe the duties | |
264 | 459 | of the Executive Director. The Executive Director shall devote such | |
265 | 460 | time as necessary to fulfill the du ties thereof, and before entering | |
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268 | 461 | upon such duties shall take and subsc ribe to the oath of office. | |
269 | 462 | The Executive Director may employ such clerical, technical, and | |
270 | 463 | other help and legal services and incur such expenses as may be | |
271 | 464 | necessary for the proper dis charge of the duties of t he Executive | |
272 | 465 | Director under Section 561 et seq . of this title. The Commission | |
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273 | 492 | shall maintain its office and transact its business in O klahoma | |
274 | 493 | City, and it is authorized to adopt and use a seal. The Executive | |
275 | 494 | Director is hereby au thorized to hire, retain, or otherwise acquire | |
276 | 495 | the services of an attor ney to represent the Commission in any and | |
277 | 496 | all state and federal courts, and assist the C ommission in any and | |
278 | 497 | all business or legal matters that may come before it. The attorney | |
279 | 498 | so representing the Commission shall discharge the duties under the | |
280 | 499 | direction of the Executive Director. | |
281 | - | ||
282 | 500 | F. The Commission is hereby vested with the powers necessary to | |
283 | 501 | enable it to fully and effectively carr y out the provisions and | |
284 | 502 | objects of Section 561 et se q. of this title and Section 2 of this | |
285 | 503 | act, and is hereby authorized an d empowered to make and enforce all | |
286 | 504 | reasonable rules and to adopt and prescribe all forms necessary to | |
287 | 505 | accomplish such purpose. All forms used by a new motor vehicl e | |
288 | 506 | dealer to facilitate the delivery of a vehi cle pending approval of | |
289 | 507 | financing shall be app roved by the Commission. Spot deliver y | |
290 | 508 | agreement forms shall be required for all new mot or vehicle | |
291 | 509 | deliveries subject to dealers fi nding lending institutions to | |
292 | 510 | purchase the retail ins tallment contracts execut ed by the purchasing | |
293 | 511 | and selling parties. | |
294 | - | ||
295 | 512 | G. All fees, charges, and fines collected under the provisions | |
296 | 513 | of Section 561 et seq. of thi s title and Section 2 of this act shall | |
297 | 514 | be deposited by the Executive Direct or in the State Trea sury in | |
298 | 515 | accordance with the depository laws of this state in a special fund | |
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299 | 542 | to be known as the “Oklahoma New Motor Vehicle Commission Fund”, | |
300 | 543 | which is hereby created, and except as hereinafter provided th e | |
301 | 544 | monies in the fund shall be use d by the Commission for the purpose | |
302 | 545 | of carrying out and enforcing the provisions of Section 561 et seq. | |
303 | 546 | of this title and Section 2 of this act. Expenditures from the fund | |
304 | 547 | shall be made upon vouchers ap proved by the Commis sion or its | |
305 | 548 | authorized officers. | |
306 | - | ||
307 | 549 | At the close of each fiscal year, the Commiss ion shall file with | |
308 | 550 | the Governor and the State Auditor and Inspector a true and corr ect | |
309 | 551 | report of all fees, fines, and charges collecte d and received by it | |
310 | - | ||
311 | - | ENR. S. B. NO. 2035 Page 8 | |
312 | 552 | during the preceding f iscal year and shall at the same time pay into | |
313 | 553 | the General Revenue Fund of the state a sum equal to ten percent | |
314 | 554 | (10%) of the fees, fines, and charges collected an d received. | |
315 | - | ||
316 | 555 | All expenses incurred by the Commission in carrying out the | |
317 | 556 | provisions of Section 561 et seq. of this title and Section 2 of | |
318 | 557 | this act, including but not limited to per diem, wages, salaries, | |
319 | 558 | rent, postage, advertising, supplies, bond premiums, travel, and | |
320 | 559 | subsistence for the Commissioners, the Executive Director, | |
321 | 560 | employees, and legal co unsel, and printing and utilities , shall be a | |
322 | 561 | proper charge against such fund, exclusive of the portion thereof to | |
323 | 562 | be paid into the General Revenue Fund as above set out. In no event | |
324 | 563 | shall liability ever accrue h ereunder against this s tate in any sum | |
325 | 564 | whatsoever, or against the Oklahoma N ew Motor Vehicle Com mission | |
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326 | 591 | Fund, in excess of the ninety percent (90%) of the fees, fines, and | |
327 | 592 | charges deposited therein. | |
328 | - | ||
329 | 593 | SECTION 4. AMENDATORY 47 O.S. 2 021, Section 582, as | |
330 | 594 | amended by Section 2, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023, | |
331 | 595 | Section 582), is amended to read as follows: | |
332 | - | ||
333 | 596 | Section 582. A. There is hereby created the Oklahoma Used | |
334 | 597 | Motor Vehicle, Dismantler, and Manufactured Housing Commission , to | |
335 | 598 | be composed of ten (10) members who shall be selected as follows: | |
336 | - | ||
337 | 599 | 1. One member shall be a ppointed from each congre ssional | |
338 | 600 | district and any remaining members, in cluding the chair, shall be | |
339 | 601 | appointed from the state at large. However, when congression al | |
340 | 602 | districts are redrawn, each member appoi nted prior to July 1 of the | |
341 | 603 | year in which such modifi cation becomes effective shall complete the | |
342 | 604 | current term of office and appointments made after July 1 of the | |
343 | 605 | year in which such modification becomes effective s hall be based on | |
344 | 606 | the redrawn districts. Ap pointments made after July 1 of t he year | |
345 | 607 | in which such modification becomes ef fective shall be from any | |
346 | 608 | redrawn districts wh ich are not represented by a board mem ber until | |
347 | 609 | such time as each of the modified congres sional districts are | |
348 | 610 | represented by a board member; provided, the chair shal l be | |
349 | 611 | appointed at large without regard to con gressional district | |
350 | 612 | representation on the boar d; | |
351 | - | ||
352 | 613 | 2. All members shall be appointed by the Governor, by and with | |
353 | 614 | the advice and consent of the Senate; | |
354 | 615 | ||
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357 | 641 | 3. a. each Each of the members appointed from a | |
358 | 642 | congressional district shall, at the time of | |
359 | 643 | appointment, be a resident in good faith of the | |
360 | 644 | congressional district from which appointed, and | |
361 | - | ||
362 | 645 | b. each Each of the members appointed from the sta te at | |
363 | 646 | large shall, at the time of appointme nt and during the | |
364 | 647 | period of service, be residents in good faith of the | |
365 | 648 | state; | |
366 | - | ||
367 | 649 | 4. Each member shall be of good moral charact er and, for the | |
368 | 650 | ten-year period immediately preceding appointment, each of the used | |
369 | 651 | motor vehicle dealer represe ntatives shall have been licensed for | |
370 | 652 | and actually engaged in the distrib ution or sale of used mot or | |
371 | 653 | vehicles; each of the dismantler representa tives shall have actually | |
372 | 654 | been licensed for and engaged in the principal business of | |
373 | 655 | dismantling or disassembling motor vehicles for the purpose of | |
374 | 656 | selling the parts thereof; and the manufactured housing | |
375 | 657 | representative shall have been licensed for and actu ally engaged in | |
376 | 658 | the principal business of selling manufactured homes; and | |
377 | - | ||
378 | 659 | 5. Eight members plus the chair shall be engaged in the used | |
379 | 660 | motor vehicle industry or the automotive dismantler industry. There | |
380 | 661 | shall not be fewer than five members engaged in the principal | |
381 | 662 | business of the sale of use d motor vehicles and there shall not be | |
382 | 663 | fewer than two members engaged in the principal busine ss of | |
383 | 664 | dismantling or disassemblin g motor vehicles for the purpose of | |
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384 | 691 | selling the parts thereof. One of the at -large members shall be | |
385 | 692 | engaged in the principal bus iness of selling manufactured homes as a | |
386 | 693 | licensed manufactured home dealer . Being engaged in one or more of | |
387 | 694 | such pursuits shall not disqualify a p erson otherwise qualified from | |
388 | 695 | serving on the Commission. | |
389 | - | ||
390 | 696 | B. 1. The term of the chair shall be coterminous with that of | |
391 | 697 | the Governor making the appointment, a nd until a successor is | |
392 | 698 | appointed and is qualified. | |
393 | - | ||
394 | 699 | 2. The terms of office of each member of th e Commission shall | |
395 | 700 | be subject to the following: | |
396 | - | ||
397 | - | ||
398 | - | ENR. S. B. NO. 2035 Page 10 | |
399 | 701 | a. the Commission shall determine and certify the trade | |
400 | 702 | associations of manufactured home dealers that | |
401 | 703 | represent ten percent (10%) or m ore of the number of | |
402 | 704 | licensed manufactured home deale rs in the state and | |
403 | 705 | shall certify each such a ssociation to the Governor. | |
404 | 706 | The Governor shall request a minimum of ten names from | |
405 | 707 | each such association and shall select one member f rom | |
406 | 708 | the manufactured home industry from the names | |
407 | 709 | provided, | |
408 | - | ||
409 | 710 | b. each member actively serving July 1, 2000, who was | |
410 | 711 | appointed on or before June 30, 2000, shall remain an d | |
411 | 712 | fulfill the term of his or her membe rship as set forth | |
412 | 713 | at the appointment, | |
413 | 714 | ||
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414 | 740 | c. except for the chair, the term o f office of each | |
415 | 741 | member of the Commission shall be fo r six (6) years, | |
416 | - | ||
417 | 742 | d. except for the chair and the at-large members, the | |
418 | 743 | term of office of an y member will automatically expire | |
419 | 744 | if the member moves out of the congressional district | |
420 | 745 | from which appointed; however, if the congr essional | |
421 | 746 | districts are modified e ach member shall com plete the | |
422 | 747 | current term of office as provided in this section, | |
423 | - | ||
424 | 748 | e. in event of death, resignation, or removal o f any | |
425 | 749 | person serving on the Commission, the vacancy shall be | |
426 | 750 | filled by appointment as aforesai d for the unexpired | |
427 | 751 | portion of the term, and | |
428 | - | ||
429 | 752 | f. except for the chair, when the term of a member | |
430 | 753 | automatically expires, the v acancy shall be filled by | |
431 | 754 | appointment of a qualified successor for a term of six | |
432 | 755 | (6) years as aforesaid, except that the member shal l | |
433 | 756 | serve until a successor is appo inted and qualified. | |
434 | - | ||
435 | 757 | 3. The chair and each m ember of the Commission shall take and | |
436 | 758 | subscribe to the oath of office required of p ublic officers. | |
437 | - | ||
438 | 759 | C. The chair and members of the Co mmission shall receive Thirty | |
439 | 760 | Dollars ($30.00) for each and every day actual ly and necessarily | |
440 | 761 | spent in attending the mee tings of the Commission, and shall be | |
441 | - | ||
442 | - | ENR. S. B. NO. 2035 Page 11 | |
443 | 762 | reimbursed for subsistence and traveling expen ses incurred in the | |
444 | 763 | performance of their duties her eunder as provided by the State | |
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445 | 790 | Travel Reimbursement Act; provided that such meeting payments shall | |
446 | 791 | not exceed the sum of Six Hundred Dollars ($600.00) per annum to an y | |
447 | 792 | one person. | |
448 | - | ||
449 | 793 | D. 1. a. The Commission shall appoint a qualified person to | |
450 | 794 | serve as Executive Director who shall have had | |
451 | 795 | sufficient management and organizational exp erience in | |
452 | 796 | the automotive industry to direct the functions of the | |
453 | 797 | Commission. | |
454 | - | ||
455 | 798 | b. The Executive Director shall be appointed for a term | |
456 | 799 | of six (6) years, and shall not be subject to | |
457 | 800 | dismissal or removal without cause. | |
458 | - | ||
459 | 801 | c. The Commission shall fix the salary a nd define and | |
460 | 802 | prescribe the duties of the Exe cutive Director. | |
461 | - | ||
462 | 803 | d. The Executive Director sha ll be in charge of the | |
463 | 804 | Commission’s office, shall devote such time as | |
464 | 805 | necessary to fulfill the duties thereof, a nd, before | |
465 | 806 | entering upon these duties, shall take and subscribe | |
466 | 807 | to the oath of office. | |
467 | - | ||
468 | 808 | 2. The Commission may employ such clerical, technical, l egal, | |
469 | 809 | and other help and incur such ex penses as may be necessary for the | |
470 | 810 | proper discharge of its duties under Section 581 et seq. of this | |
471 | 811 | title and Section 2 of this act. | |
472 | 812 | ||
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473 | 838 | 3. The Commission shall maintain its o ffice and transact its | |
474 | 839 | business in Oklahoma Ci ty, and is authorized to adopt and use a | |
475 | 840 | seal. | |
476 | - | ||
477 | 841 | E. 1. a. The Commission is hereby vested w ith the powers and | |
478 | 842 | duties necessary and pro per to enable it to fully and | |
479 | 843 | effectively carry out t he provisions and objecti ves of | |
480 | 844 | Section 581 et seq. of this title and Section 2 of | |
481 | 845 | this act, and is hereby authorized and empowered, | |
482 | 846 | pursuant to the Administrat ive Procedures Act, to make | |
483 | 847 | and enforce all reasonable rules and to adopt an d | |
484 | - | ||
485 | - | ENR. S. B. NO. 2035 Page 12 | |
486 | 848 | prescribe all forms necessary to accomplish said such | |
487 | 849 | purpose. | |
488 | - | ||
489 | 850 | b. The Commission shall pr omulgate rules for the | |
490 | 851 | licensing of manufactured home installers and the | |
491 | 852 | installation, which is the blocking, an choring, and | |
492 | 853 | leveling of mobile and manufactured home s that meet | |
493 | 854 | the standards of the manufacturer ’s manual or the | |
494 | 855 | Commission. | |
495 | - | ||
496 | 856 | c. The Commission shall promulgate rules to prescribe t he | |
497 | 857 | contents of manufactured home sales agreements a nd to | |
498 | 858 | require that each manufactured home m anufacturer issue | |
499 | 859 | with each new manufactured home a w arranty comparable | |
500 | 860 | to warranties generally in use in the industry | |
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501 | 887 | warranting the manufactured home to be free from | |
502 | 888 | material defects. | |
503 | - | ||
504 | 889 | d. The enumeration of any p ower or authority herei n shall | |
505 | 890 | not be construed to deny, impair, disparage , or limit | |
506 | 891 | any others necessary to the attainme nt thereof. | |
507 | - | ||
508 | 892 | e. A copy of all rules adopted by the Commission shall be | |
509 | 893 | filed and recorded in the office Office of the | |
510 | 894 | Secretary of State and the State Librarian and State | |
511 | 895 | Archivist, and same may be amended, modif ied, or | |
512 | 896 | repealed from time to time. | |
513 | - | ||
514 | 897 | 2. The Commission’s powers and duties shall include, b ut not be | |
515 | 898 | limited to, the following: | |
516 | - | ||
517 | 899 | a. to license used motor vehicle dealers, wholesale used | |
518 | 900 | motor vehicle dealers, dismantlers, ma nufactured home | |
519 | 901 | dealers, manufactured home manufactur ers, and | |
520 | 902 | manufactured home installers, | |
521 | - | ||
522 | 903 | b. to inspect used motor vehicle dealer, dismantler and | |
523 | 904 | manufactured home dealer locations, and manufactured | |
524 | 905 | home manufacturers’ factories or assembly sites to | |
525 | 906 | ensure that they are in an approved l ocation, meet | |
526 | 907 | local zoning or other municipal requirements, and have | |
527 | 908 | sufficient facilities which shall include, but not be | |
528 | - | ||
529 | - | ENR. S. B. NO. 2035 Page 13 | |
530 | 909 | limited to, for retail businesses, a business sign, a | |
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531 | 936 | listed and usable telephon e number, a restroom , and a | |
532 | 937 | sales office, | |
533 | - | ||
534 | 938 | c. to inspect wholesale used mo tor vehicle dealer | |
535 | 939 | locations to ensure that they are in an approved | |
536 | 940 | location, meet local zoning or other muni cipal | |
537 | 941 | requirements, and have sufficient facilities which | |
538 | 942 | shall include, but not be limited to, a listed and | |
539 | 943 | usable telephone number in the dealer’s name and a | |
540 | 944 | business office where records of the business are | |
541 | 945 | kept, | |
542 | - | ||
543 | 946 | d. to require all dealer sales to have a condition of | |
544 | 947 | sale such as a warranty disclaimer, im plied or written | |
545 | 948 | warranty, or a service contract approved by the | |
546 | 949 | Commission, | |
547 | - | ||
548 | 950 | e. to work with consumers and dealers to hea r complaints | |
549 | 951 | on used vehicles and manufactured homes, including | |
550 | 952 | installation, and | |
551 | - | ||
552 | 953 | f. to serve as a dispute resolution panel for binding | |
553 | 954 | arbitration in accordance with Section 185 1 et seq. of | |
554 | 955 | Title 12 of the Okla homa Statutes in con tract | |
555 | 956 | controversies between licensed used motor vehicle | |
556 | 957 | dealers, dismantlers, and manufactured housing | |
557 | 958 | dealers, manufactured home dealers, installers, and | |
558 | 959 | manufacturers and their cons umers when, by mutua l | |
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559 | 986 | written agreement executed afte r the dispute betwee n | |
560 | 987 | the parties has arisen, both parties have agreed to | |
561 | 988 | use the Commission as their arbitration panel for | |
562 | 989 | contract disputes. | |
563 | - | ||
564 | 990 | F. 1. All fees and charges collecte d under the provisions of | |
565 | 991 | Section 581 et seq. of this title and Section 2 of this act shall be | |
566 | 992 | deposited by the Executive Director in the State Treasury in | |
567 | 993 | accordance with the depository laws of this state in a special fund | |
568 | 994 | to be known as the “Oklahoma Use d Motor Vehicle, Disman tler, and | |
569 | 995 | Manufactured Housing Commission Fund”, whic h fund is hereby cre ated. | |
570 | 996 | Except as hereinafter provided, the monies in the fund shall be used | |
571 | 997 | by the Commission for the purpose of carrying out and enforcing the | |
572 | - | ||
573 | - | ENR. S. B. NO. 2035 Page 14 | |
574 | 998 | provisions of Section 581 et seq. of this title and Section 2 of | |
575 | 999 | this act. Expenditures from the fund shall be warrants issued by | |
576 | 1000 | the State Treasurer against claims submitted by the Commission to | |
577 | 1001 | the Director of the Offi ce of Management and Enterprise Services for | |
578 | 1002 | approval. | |
579 | - | ||
580 | 1003 | 2. At the close of each fiscal year, the Commission shall file | |
581 | 1004 | with the Governor and the State Auditor and Inspector a true and | |
582 | 1005 | correct report of all fees and cha rges collected and received by it | |
583 | 1006 | during the preceding fiscal year and shall at the same time pay into | |
584 | 1007 | the General Revenue Fund of t he state a sum equal to ten perce nt | |
585 | 1008 | (10%) of the gross fees and charges so col lected and received. | |
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586 | 1034 | ||
587 | 1035 | 3. All expenses incurred by the Commission in carrying out the | |
588 | 1036 | provisions of Section 581 et seq. of this title and Section 2 of | |
589 | 1037 | this act including, but not limited to, per diem, wages, sala ries, | |
590 | 1038 | rent, postage, advertising, supplies, b ond premiums, travel, and | |
591 | 1039 | subsistence for the Commissioners, the Executive Director, | |
592 | 1040 | employees, and legal counsel, and printing and uti lities, shall be a | |
593 | 1041 | proper charge against th e fund, exclusive of the portion thereof to | |
594 | 1042 | be paid into the General Revenue F und as above set out; provided, | |
595 | 1043 | that in no event shall liability ever accrue hereund er against the | |
596 | 1044 | state in any sum whatsoever, or agai nst the Oklahoma Used M otor | |
597 | 1045 | Vehicle, Dismantler, and Manufactured Housing Co mmission Fund, in | |
598 | 1046 | excess of the ninety percen t (90%) of the fees and charges deposited | |
599 | 1047 | therein. | |
600 | - | ||
601 | 1048 | 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: | |
606 | 1051 | Section 1102. As used in the Oklahoma Vehicle Lice nse and | |
607 | 1052 | Registration Act: | |
608 | - | ||
609 | 1053 | 1. “All-terrain vehicle” means a vehicle manufactured and used | |
610 | 1054 | exclusively for off-highway use traveling on four or more non- | |
611 | 1055 | highway tires, and being fifty (5 0) inches or less in widt h; | |
612 | - | ||
613 | 1056 | 2. “Carrying capacity” means the carrying capacity of a vehicle | |
614 | 1057 | as determined or declared in tons of cargo or payload by the owner; | |
615 | 1058 | provided, that such declared capacity shal l not be less than the | |
616 | 1059 | ||
617 | - | ENR. S. B. NO. 2035 Page 15 | |
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618 | 1085 | minimum tonnage capacity fixed , listed or advertised by the | |
619 | 1086 | manufacturer of any vehicle; | |
620 | - | ||
621 | 1087 | 3. “Certificate of title” means a document which is proof of | |
622 | 1088 | legal ownership of a motor vehicle as d escribed and provided f or in | |
623 | 1089 | Section 1105 of this title; | |
624 | - | ||
625 | 1090 | 4. “Chips and oil” or the term “road oil and crushed rock” | |
626 | 1091 | means, with respect to materials authorized for us e in the surfacing | |
627 | 1092 | of roads or highways as provided for in this title or in any | |
628 | 1093 | equivalent statute pertaining to road or highway sur facing in the | |
629 | 1094 | State of Oklahoma this state, any asphaltic materials. Wherever | |
630 | 1095 | chips and oil or road oil and crushed rock ar e authorized for use in | |
631 | 1096 | the surfacing of roads or highways in this state, whether by the | |
632 | 1097 | Department of Transport ation, or by the cou nty commissioners, or | |
633 | 1098 | other road building authority s ubject to the Oklahoma Ve hicle | |
634 | 1099 | License and Registration Act, asphaltic materials are also | |
635 | 1100 | authorized for use in such surfacing and construction; | |
636 | - | ||
637 | 1101 | 5. “Combined laden weight” means the weight of a truck or | |
638 | 1102 | station wagon and its cargo or p ayload transported t hereon, or the | |
639 | 1103 | weight of a truck or truck-tractor plus the weight of an y trailers | |
640 | 1104 | or semitrailers together wi th the cargo or payload transported | |
641 | 1105 | thereon; | |
642 | - | ||
643 | 1106 | 6. “Commercial trailer” mean s any trailer, as de fined in | |
644 | 1107 | Section 1-180 of this title, or semitrailer, as defined in Section | |
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645 | 1134 | 1-162 of this title, when such trailer or semitr ailer is used | |
646 | 1135 | primarily for business o r commercial purposes; | |
647 | - | ||
648 | 1136 | 7. “Commercial trailer deal er” means any person, firm or | |
649 | 1137 | corporation engaged in the business of selling any new and unused, | |
650 | 1138 | or used, or both new and used commercial trailers; | |
651 | - | ||
652 | 1139 | 8. “Commercial vehicle” means any vehicle over eight tho usand | |
653 | 1140 | (8,000) pounds combined laden weight used pri marily for business or | |
654 | 1141 | commercial purposes. Each motor vehicle being regist ered pursuant | |
655 | 1142 | to the provisions of this secti on shall have the name of the | |
656 | 1143 | commercial establishment or the words “Commercial Vehi cle” | |
657 | 1144 | permanently and prominently displayed upon the outside of the | |
658 | 1145 | vehicle in letters not less than two (2) inches high. Such letters | |
659 | 1146 | shall be in sharp contrast to the bac kground and shall be of | |
660 | - | ||
661 | - | ENR. S. B. NO. 2035 Page 16 | |
662 | 1147 | sufficient shape and c olor as to be readily legible during d aylight | |
663 | 1148 | hours, from a distance of fifty (50) feet w hile the vehicle is not | |
664 | 1149 | in motion; | |
665 | - | ||
666 | 1150 | 9. “Commission” or “Tax Commission” mean s the Oklahoma Tax | |
667 | 1151 | Commission; | |
668 | - | ||
669 | 1152 | 10. “Construction machinery” means machines or devices draw n as | |
670 | 1153 | trailers which are designed and u sed for construction, tree trimming | |
671 | 1154 | and waste maintenance projects, which derive no revenue fr om the | |
672 | 1155 | transportation of persons or property, whose u se of the highway is | |
673 | 1156 | only incidental and which are not mounted or affix ed to another | |
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674 | 1183 | vehicle; provided, const ruction machinery shall not include | |
675 | 1184 | implements of husbandry as defined in Section 1-125 of this title; | |
676 | - | ||
677 | 1185 | 11. “Dealer” means any person, firm, associ ation, corporation | |
678 | 1186 | or trust who that sells, solicits or advertises the sale of new and | |
679 | 1187 | unused motor vehicles and holds a bona fide contract or franchise in | |
680 | 1188 | effect with a manufacturer or distributor of a particular make of | |
681 | 1189 | new or unused motor vehicle or veh icles for the sale of sam e; | |
682 | - | ||
683 | 1190 | 12. “Dealer seller” means a new motor vehi cle dealer as defined | |
684 | 1191 | in Section 562 of this title, a powersports vehicle dealer as | |
685 | 1192 | defined in Section 562 of th is title, and used m otor vehicle dealer | |
686 | 1193 | as defined in Section 581 of this title. This definition shall not | |
687 | 1194 | include individuals involved in a pr ivate sale as defined in this | |
688 | 1195 | section; | |
689 | - | ||
690 | 1196 | 13. “Mini-truck” means a foreign-manufactured import or | |
691 | 1197 | domestic-manufactured vehicle powere d by an internal combustion | |
692 | 1198 | engine with a piston or r otor displacement of one thousand cubic | |
693 | 1199 | centimeters (1,000 cc) or less, which is sixty-seven (67) inches or | |
694 | 1200 | less in width, with an unladen dry weight of three t housand four | |
695 | 1201 | hundred (3,400) pounds or less , traveling on four or more tires , | |
696 | 1202 | having a top speed of approximately fifty -five (55) miles per hour, | |
697 | 1203 | equipped with a bed o r compartment for hauling, and having an | |
698 | 1204 | enclosed passenger cab; | |
699 | 1205 | ||
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700 | 1231 | 13. 14. “Interstate commerce” means any commerce moving between | |
701 | 1232 | any place in a state and any place in another state or between | |
702 | 1233 | places in the same state through another state; | |
703 | - | ||
704 | - | ||
705 | - | ENR. S. B. NO. 2035 Page 17 | |
706 | 1234 | 14. 15. “Laden weight” means the combined weight of a vehicle | |
707 | 1235 | when fully equipped for use and the cargo or payload transported | |
708 | 1236 | thereon; provided, that in no event shall the laden weight be less | |
709 | 1237 | than the unladen weight of the vehicle fully equipped for use, plus | |
710 | 1238 | the manufacturer’s rated carrying capacity; | |
711 | - | ||
712 | 1239 | 15. 16. “Local authorities” means every county, muni cipality or | |
713 | 1240 | local board or body having auth ority to adopt police regulations | |
714 | 1241 | under the Constitution and laws of this stat e; | |
715 | - | ||
716 | 1242 | 16. 17. “Low-speed electrical vehicle” mea ns any four-wheeled | |
717 | 1243 | electrical vehicle that is powered by an electric motor that draws | |
718 | 1244 | current from rechargeable storage batteries or other sources of | |
719 | 1245 | electrical current and whose top s peed is greater than twen ty (20) | |
720 | 1246 | miles per hour but not greater than tw enty-five (25) miles per hour | |
721 | 1247 | and is manufactured in compliance with the National Highway Traffic | |
722 | 1248 | Safety Administration standards fo r low-speed vehicles in 49 C.F.R. , | |
723 | 1249 | Section 571.500; | |
724 | - | ||
725 | 1250 | 17. 18. “Manufactured home” means a residential dwelling built | |
726 | 1251 | in accordance with the National Manufactured H ousing Construction | |
727 | 1252 | and Safety Standards Act of 197 4, 42 U.S.C., Section 5 401 et seq., | |
728 | 1253 | and rules promulgated pursuant thereto a nd the rules promulg ated by | |
729 | 1254 | the Oklahoma Used Motor Vehicle and Parts, Dismantler, and | |
1255 | + | ||
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730 | 1281 | Manufactured Housing Commission pursuant t o Section 582 of this | |
731 | 1282 | title. Manufactured home sha ll not mean a park model recreational | |
732 | 1283 | vehicle as defined in this section; | |
733 | - | ||
734 | 1284 | 18. 19. “Manufactured home dealer” means any p erson, firm or | |
735 | 1285 | corporation engaged in the busi ness of selling any new and unused, | |
736 | 1286 | or used, or both new and used manufactured homes. Su ch information | |
737 | 1287 | and a valid franchise letter as proof of authorization to sel l any | |
738 | 1288 | such new manufactured home product line or lines shall be attached | |
739 | 1289 | to the application for a dealer license to sell manufact ured homes. | |
740 | 1290 | “Manufactured home dealer” Manufactured home dealer shall not | |
741 | 1291 | include any person, firm or corporation who sells or contracts for | |
742 | 1292 | the sale of the dealer’s own p ersonally titled manufactured home or | |
743 | 1293 | homes. No person, firm or corporation shall b e considered a | |
744 | 1294 | manufactured home dealer as to any m anufactured home purcha sed or | |
745 | 1295 | acquired by such person, firm or corporation f or purposes other th an | |
746 | 1296 | resale; provided, that the restriction set forth in this sentence | |
747 | - | ||
748 | - | ENR. S. B. NO. 2035 Page 18 | |
749 | 1297 | shall not prevent an otherwise qualified person, firm or corporation | |
750 | 1298 | from utilizing a singl e manufactured home as a sales office; | |
751 | - | ||
752 | 1299 | 19. 20. “Medium-speed electrical veh icle” means any self - | |
753 | 1300 | propelled, electrically powered four-wheeled motor vehicle, equipped | |
754 | 1301 | with a roll cage or crush -proof body design, whose speed attainable | |
755 | 1302 | in one (1) mile is mor e than thirty (30) mile s per hour but not | |
756 | 1303 | greater than thirty-five (35) miles per hour; | |
757 | 1304 | ||
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; | |
764 | 1334 | 21. 22. “New vehicle” or “unused vehicle” means a vehicle which | |
765 | 1335 | has been in the possession of the manufacturer, dis tributor or | |
766 | 1336 | wholesaler or has been sol d only by the manufacturer, distributor or | |
767 | 1337 | wholesaler to a dealer; | |
768 | - | ||
769 | 1338 | 22. 23. “Nonresident” means any person who is not a residen t of | |
770 | 1339 | this state; | |
771 | - | ||
772 | 1340 | 23. 24. “Off-road motorcycle” means any motorcycle, as defined | |
773 | 1341 | in Section 1-135 of this title, when such motorc ycle has been | |
774 | 1342 | manufactured for and used exclusively off roads, highways and any | |
775 | 1343 | other paved surfaces; | |
776 | - | ||
777 | 1344 | 24. 25. “Owner” means any person owning, ope rating or | |
778 | 1345 | possessing any vehicle herein defined; | |
779 | - | ||
780 | 1346 | 25. 26. “Park model recreational vehicle” means a vehicle t hat | |
781 | 1347 | is: | |
782 | - | ||
783 | 1348 | a. designed and marketed as temporary livin g quarters for | |
784 | 1349 | camping, recreational, seasonal or travel use, | |
785 | - | ||
786 | 1350 | b. not permanently affixed to real property for use as a | |
787 | 1351 | permanent dwelling, | |
788 | 1352 | ||
789 | - | ||
790 | - | ENR. S. B. NO. 2035 Page 19 | |
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791 | 1378 | c. built on a single chassis mounted on wheels with a | |
792 | 1379 | gross trailer area not exceeding four hundred (400) | |
793 | 1380 | square feet in the setup mode, and | |
794 | - | ||
795 | 1381 | d. certified by the manufacturer as complying with | |
796 | 1382 | standard A119.5 of th e American National Stand ards | |
797 | 1383 | Institute, Inc.; | |
798 | - | ||
799 | 1384 | 26. 27. “Person” means any individual, copartner, joint | |
800 | 1385 | 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; | |
807 | 1390 | 28. “Pre-registration” means the submission of requisite | |
808 | 1391 | information and documentation to Service Oklahoma or a licensed | |
809 | 1392 | operator within two (2) business day s following the sale or transfer | |
810 | 1393 | of a motor vehicle, as required by Section 1112.2 of thi s title; | |
811 | - | ||
812 | 1394 | 29. “Private sale” means the sale or transfer of a motor | |
813 | 1395 | vehicle where neither the sel ler nor the purchaser is a dealer | |
814 | 1396 | seller as defined in this section; | |
815 | - | ||
816 | 1397 | 27. 30. “Rebodied vehicle” means a vehi cle: | |
817 | - | ||
818 | 1398 | a. which has been assembled using a new body o r new major | |
819 | 1399 | component which is of the ident ical type as the | |
820 | 1400 | original vehicle and is licensed by the manufacturer | |
821 | 1401 | of the original vehicle and other original, new or | |
1402 | + | ||
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822 | 1428 | reconditioned parts. For purposes of thi s paragraph, | |
823 | 1429 | “new body or new major component” mean s a new body, | |
824 | 1430 | cab, frame, front end clip or rear end clip, | |
825 | - | ||
826 | 1431 | b. which is not a salvage, rebuilt, or junked vehicle as | |
827 | 1432 | defined by paragraph 1, 2, or 6 of subsection A of | |
828 | 1433 | Section 1105 of this title, and | |
829 | - | ||
830 | 1434 | c. for which Service Oklahoma has assigned or will assign | |
831 | 1435 | a new identifying number; | |
832 | - | ||
833 | - | ||
834 | - | ENR. S. B. NO. 2035 Page 20 | |
835 | 1436 | 28. 31. “Recreational off-highway vehicle” means a vehicle | |
836 | 1437 | manufactured and used exclusively for off-highway use, traveling on | |
837 | 1438 | four or more non-highway tires, and being sixty -five (65) inches or | |
838 | 1439 | less in width; | |
839 | - | ||
840 | 1440 | 29. 32. “Recreational vehicle” means eve ry vehicle which is | |
841 | 1441 | built on or permanently attached to a self-propelled motor chassis | |
842 | 1442 | or chassis cab which becomes an integral part of the comp leted | |
843 | 1443 | vehicle and is capable of being operated on the highways. In order | |
844 | 1444 | to qualify as a recreational vehicle pursuant to this para graph such | |
845 | 1445 | vehicle shall be perma nently constructed a nd equipped for human | |
846 | 1446 | habitation, having its own sleeping and kitchen f acilities, | |
847 | 1447 | including permanently affix ed cooking facilities, water tanks and | |
848 | 1448 | holding tank with permanent toilet facilities. Recreat ional vehicle | |
849 | 1449 | shall not include manufactured homes or any vehicle with portabl e | |
850 | 1450 | sleeping, toilet and kitchen facilities whic h are designed to be | |
1451 | + | ||
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851 | 1477 | removed from such vehicle. Recreational vehicle shall include park | |
852 | 1478 | model recreational vehicles as defined in t his section; | |
853 | - | ||
854 | 1479 | 30. 33. “Remanufactured vehicle” means a vehicle which has been | |
855 | 1480 | assembled by a vehicle remanufacturer using a new body and which may | |
856 | 1481 | include original, reconditioned, or remanufactured parts, and whic h | |
857 | 1482 | is not a salvage, reb uilt, or junked vehi cle as defined by | |
858 | 1483 | paragraphs 1, 2, and 6, respectivel y, of subsection A of Sec tion | |
859 | 1484 | 1105 of this title; | |
860 | - | ||
861 | 1485 | 31. 34. “Rental trailer” means all small or utility traile rs or | |
862 | 1486 | semitrailers constructed and suitable for tow ing by a passenger | |
863 | 1487 | automobile and designed only for carrying property, when the | |
864 | 1488 | trailers or semitrailers are owned by, or are in the possession of, | |
865 | 1489 | any person engaged in renting or leasing such trailers or | |
866 | 1490 | semitrailers for intrastate or interstate use or c ombined intrastate | |
867 | 1491 | and interstate use; | |
868 | - | ||
869 | 1492 | 32. 35. “Special mobilized machinery ” means special purp ose | |
870 | 1493 | machines or devices, either self-propelled or drawn as trailers or | |
871 | 1494 | semitrailers, which derive no revenue from the transportation of | |
872 | 1495 | persons or property, who se use of the highway is only incidental, | |
873 | 1496 | and whose useful revenue producing service is performed at | |
874 | 1497 | destinations in an a rea away from the traveled surface of an | |
875 | 1498 | established open highway; | |
876 | - | ||
877 | - | ||
878 | - | ENR. S. B. NO. 2035 Page 21 | |
879 | 1499 | 33. 36. “State” means the State of Oklahoma; | |
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881 | 1526 | 34. 37. “Station wagon” means any passenger vehicle which does | |
882 | 1527 | not have a separate luggage compar tment or trunk and w hich does not | |
883 | 1528 | have open beds, and has one or more rear seats readily li fted out or | |
884 | 1529 | folded, whether same is ca lled a station wagon or ranch wagon; | |
885 | - | ||
886 | 1530 | 35. 38. “Street-legal utility vehicle” means a vehicle m eeting | |
887 | 1531 | the description and specif ications of Section 1-171.1 of this title; | |
888 | - | ||
889 | 1532 | 39. “Temporary decal” means the decal issued by Service | |
890 | 1533 | Oklahoma or a licensed operat or to be affixed to a license plate and | |
891 | 1534 | valid for the period of time betwe en the pre-registration of a motor | |
892 | 1535 | vehicle, pursuant to the requirements of Section 1112.2 of this | |
893 | 1536 | title, and the registration thereof; | |
894 | - | ||
895 | 1537 | 36. 40. “Travel trailer” means any vehicular portable structure | |
896 | 1538 | built on a chassis, used as a te mporary dwelling for travel, | |
897 | 1539 | recreational or vacational use, and, when facto ry-equipped for the | |
898 | 1540 | road, it shall have a bod y width not exceeding eight (8) feet and an | |
899 | 1541 | overall length not exceeding forty (40) feet, including the hitch or | |
900 | 1542 | coupling; | |
901 | - | ||
902 | 1543 | 37. 41. “Travel trailer dealer” me ans any person, firm or | |
903 | 1544 | corporation engaged in the bu siness of selling an y new and unused, | |
904 | 1545 | or used, or both new and used travel trailers. Such information and | |
905 | 1546 | a valid franchise lett er as proof of authorization to sell any such | |
906 | 1547 | new travel trailer product line or lines shall b e attached to the | |
907 | 1548 | application for a dealer license to sell travel trailers. “Travel | |
908 | 1549 | trailer dealer” Travel trailer dealer shall not include any person, | |
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909 | 1576 | firm or corporation who sells or contracts for the sale of h is or | |
910 | 1577 | her own personally titled travel trai ler or trailers. No person, | |
911 | 1578 | firm or corporation shall be considered as a trav el trailer dealer | |
912 | 1579 | as to any travel trailer pur chased or acquired by such person, fir m | |
913 | 1580 | or corporation for purposes other than resale; | |
914 | - | ||
915 | 1581 | 38. 42. “Used motor vehicle dealer” means “used motor vehicle | |
916 | 1582 | dealer” a used motor vehicle dealer as defined in Section 58 1 of | |
917 | 1583 | this title; | |
918 | - | ||
919 | 1584 | 39. 43. “Used vehicle” means any vehicle which has been sold, | |
920 | 1585 | bargained, exchanged or given away, or used to the exte nt that it | |
921 | - | ||
922 | - | ENR. S. B. NO. 2035 Page 22 | |
923 | 1586 | has become what is commonly know n, and generally recognized, as a | |
924 | 1587 | “secondhand” vehicle. This shall also inclu de any vehicle other | |
925 | 1588 | than a remanufactured veh icle, regardless of age, owned by any | |
926 | 1589 | person who is not a dealer; | |
927 | - | ||
928 | 1590 | 40. 44. “Utility vehicle” means a vehicle powered by an | |
929 | 1591 | internal combustion engine, manufactured a nd used exclusively for | |
930 | 1592 | off-highway use, equipped with seating for two or more people and a | |
931 | 1593 | steering wheel, traveling on four or more wheels; | |
932 | - | ||
933 | 1594 | 41. 45. “Vehicle” means any type of c onveyance or device in, | |
934 | 1595 | upon or by which a person or property is or may be t ransported from | |
935 | 1596 | one location to another upon the avenues of public access within the | |
936 | 1597 | state. “Vehicle” Vehicle does not include bicycles, trailers except | |
937 | 1598 | travel trailers and rental trailers, or implements of husbandry as | |
938 | 1599 | defined in Section 1-125 of this title. All implements of husbandry | |
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939 | 1626 | used as conveyances shall be required to display the owne r’s driver | |
940 | 1627 | license number or license p late number of any vehicle owned by the | |
941 | 1628 | owner of the implement of husbandr y on the rear of the implement in | |
942 | 1629 | numbers not less than two (2) inches in height. The use of the | |
943 | 1630 | owner’s Social Security number on the rear of the implement of | |
944 | 1631 | husbandry shall not b e required; and | |
945 | - | ||
946 | 1632 | 42. 46. “Vehicle remanufacturer” m eans a commercial entity | |
947 | 1633 | which assembles remanufactured vehicles. | |
948 | - | ||
949 | 1634 | SECTION 6. AMENDATORY 47 O.S. 2021, Section 1112.2, as | |
950 | 1635 | amended by Section 1 26, Chapter 282, O.S.L. 2022 (47 O.S. Supp. | |
951 | 1636 | 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 | |
954 | 1638 | plate and certificate of re gistration shall be issue d to, and remain | |
955 | 1639 | in the name of, the owner of the vehicle registered and the license | |
956 | 1640 | plates shall not be transferable between motor veh icle owners. When | |
957 | 1641 | a vehicle is sold or tra nsferred in the state, the follo wing | |
958 | 1642 | registration procedures shall apply: | |
959 | - | ||
960 | 1643 | 1. When a current and valid Oklahoma motor vehicl e license | |
961 | 1644 | plate has been obtained for use on a motor vehicle and the vehicle | |
962 | 1645 | has been sold or otherwise transfe rred to a new owner, the license | |
963 | 1646 | plate shall be remov ed from the vehicle a nd retained by the origin al | |
964 | 1647 | plate owner; | |
965 | - | ||
966 | - | ENR. S. B. NO. 2035 Page 23 | |
967 | - | ||
968 | 1648 | 2. In the event an owner purc hases, trades, exchanges , or | |
969 | 1649 | otherwise acquires another vehicle of the same license regis tration | |
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970 | 1676 | classification, Service Oklahoma sh all authorize the transfer of th e | |
971 | 1677 | current and valid license plate previously o btained by the owner to | |
972 | 1678 | the replacement vehicl e for the remainder of the current | |
973 | 1679 | registration period. In the event the owner acquires a vehicle | |
974 | 1680 | requiring payment of additional r egistration fees, the owner shal l | |
975 | 1681 | request a transfer of the license plate to t he newly acquired | |
976 | 1682 | vehicle and pay the differen ce in registration fees. The fee shal l | |
977 | 1683 | be calculated on a monthly prorated basis. The o wner shall not be | |
978 | 1684 | entitled to a refund: | |
979 | - | ||
980 | 1685 | a. when the registration fee for th e vehicle to which th e | |
981 | 1686 | plate(s) is to be assig ned is less than the | |
982 | 1687 | registration fee for that vehicle to which the license | |
983 | 1688 | plate(s) was last assigned, or | |
984 | - | ||
985 | 1689 | b. if the owner does not hav e or does not acquire another | |
986 | 1690 | vehicle to which the license plate may be tra nsferred; | |
987 | - | ||
988 | 1691 | 3. Except as provided in paragraph 4 of this subsection, in the | |
989 | 1692 | event the owner of a license plate or a dealer seller purchases, | |
990 | 1693 | trades, exchanges, or otherwise acquires a vehicle for which a | |
991 | 1694 | license plate has been issued during the current regis tration | |
992 | 1695 | period, and the license plate has not been removed by the previous | |
993 | 1696 | owner in accordance with this section, the new owner of the vehicle | |
994 | 1697 | shall remove and return the license p late to Service Oklahom a or a | |
995 | 1698 | licensed operator destroy or otherwise discard the license plate. | |
996 | 1699 | However, if the license plate has expired, the new owner shall not | |
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997 | 1726 | be required to surrender destroy or otherwise discard the license | |
998 | 1727 | plate; | |
999 | - | ||
1000 | 1728 | 4. When a lender or lender’s agent repossesses a vehicle and | |
1001 | 1729 | the license plate has not been re moved in accordance w ith this | |
1002 | 1730 | section, the lender or lender’s agent shall not be subject to the | |
1003 | 1731 | provisions of this section and the license plate shall be considered | |
1004 | 1732 | removable personal property and may be reclaimed from the | |
1005 | 1733 | repossessed vehicle; and | |
1006 | - | ||
1007 | 1734 | 5. If a person purchases a m otor vehicle from which the number | |
1008 | 1735 | plates have been removed pursuant t o this section, the person may | |
1009 | - | ||
1010 | - | ENR. S. B. NO. 2035 Page 24 | |
1011 | 1736 | operate the motor vehicle for fifteen (15) five (5) calendar days | |
1012 | 1737 | from the date of purchase without nu mber plates if a dated, | |
1013 | 1738 | notarized bill of sale is car ried in the motor vehicl e. If the | |
1014 | 1739 | vehicle is subject to a lien, the p erson may obtain a thirty-day | |
1015 | 1740 | ten-day temporary plate issued either from the dealer selle r or by a | |
1016 | 1741 | licensed operator pursuant to the promulgation of rules by Service | |
1017 | 1742 | Oklahoma to implement a licensed operator -issued temporary plate | |
1018 | 1743 | pursuant to this paragrap h; and | |
1019 | - | ||
1020 | 1744 | 6. a. Within two (2) business da ys of the date of sale or | |
1021 | 1745 | transfer of the motor ve hicle, either the seller or | |
1022 | 1746 | the purchaser of the motor vehicle shall complet e the | |
1023 | 1747 | pre-registration of the vehicle by subm itting | |
1024 | 1748 | documentation to Service Oklahoma or a licensed | |
1025 | 1749 | operator identifying the motor vehicle subject to the | |
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1026 | 1776 | sale or transfer, purchase r information, and any | |
1027 | 1777 | associated state-issued license plate on the vehicle. | |
1028 | 1778 | Pre-registration may be accomplished either in person | |
1029 | 1779 | at Service Oklahoma or a licensed o perator location or | |
1030 | 1780 | by means of an electronic transaction or online system | |
1031 | 1781 | established by Service Oklahoma in accordance with | |
1032 | 1782 | Section 1132B of this title. Service O klahoma or the | |
1033 | 1783 | licensed operator shall: | |
1034 | - | ||
1035 | 1784 | (1) provide information and instructions to the | |
1036 | 1785 | purchaser to complete the registration | |
1037 | 1786 | transaction as required by the Oklahoma Vehicle | |
1038 | 1787 | License and Registration Act , | |
1039 | - | ||
1040 | 1788 | (2) if no license plate was transferred to the moto r | |
1041 | 1789 | vehicle as a result of the purchase or tran sfer, | |
1042 | 1790 | issue a license plate with a temporary d ecal to | |
1043 | 1791 | the purchaser, and | |
1044 | - | ||
1045 | 1792 | (3) if there was an existing license plate | |
1046 | 1793 | transferred to the motor vehicle, issue a | |
1047 | 1794 | temporary decal to th e existing license plate, | |
1048 | 1795 | and | |
1049 | - | ||
1050 | 1796 | b. upon the effective d ate of this act, Service Oklahoma | |
1051 | 1797 | is authorized to set the licensed op erator | |
1052 | 1798 | compensation pursuant to Section 3-103 of this title | |
1053 | - | ||
1054 | - | ENR. S. B. NO. 2035 Page 25 | |
1055 | 1799 | for processing the documentat ion submitted and issui ng | |
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1056 | 1826 | the license plate and/or decal pursuant to this | |
1057 | 1827 | subsection. | |
1058 | - | ||
1059 | 1828 | B. 1. The new owner of a motor ve hicle shall, within thirty | |
1060 | 1829 | (30) calendar days two (2) months from the date of vehicle purchase | |
1061 | 1830 | or acquisition, make application to reco rd the registration of the | |
1062 | 1831 | vehicle by the transfer to, or purchase of, a lic ense plate for the | |
1063 | 1832 | newly acquired vehicle with Service Oklahoma or the licensed | |
1064 | 1833 | operator and shall pay all taxes and fees provided by law. | |
1065 | - | ||
1066 | 1834 | 2. Any person failing to register a moto r vehicle by timely | |
1067 | 1835 | transferring the license plate as provided by this secti on shall pay | |
1068 | 1836 | the penalty levied in Section 11 32 of this title. | |
1069 | - | ||
1070 | 1837 | C. A surviving spouse, desi ring to operate a vehicle devolving | |
1071 | 1838 | from a deceased spouse, shall present an application for certificate | |
1072 | 1839 | of title to Service Oklahoma or the licensed operator in his or her | |
1073 | 1840 | name within thirty (30) days two (2) months of obtaining ownership. | |
1074 | 1841 | Service Oklahoma or the licensed operator shall then transfer the | |
1075 | 1842 | license plate to the surviving spouse . | |
1076 | - | ||
1077 | 1843 | D. Service Oklahoma shall be authorized t o promulgate such | |
1078 | 1844 | rules as may be required to impleme nt the license plate tra nsfers | |
1079 | 1845 | authorized by this section including, b ut not limited to, such rules | |
1080 | 1846 | as may be required for a system under which the license pla te is | |
1081 | 1847 | registered to an individual and not a vehicle for all license plates | |
1082 | 1848 | issued on or after Jul y 1, 2019. | |
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1083 | 1874 | ||
1084 | 1875 | E. Service Oklahoma, the Oklahoma Motor Vehicle Commission and | |
1085 | 1876 | the Oklahoma Used Motor Vehicle, Dis mantler, and Manufactured | |
1086 | 1877 | Housing Commission are authorized to enter into contracts and | |
1087 | 1878 | agreements for the implementation of an electronic system to | |
1088 | 1879 | facilitate the entry of required vehicle purchaser infor mation on | |
1089 | 1880 | new and used vehicle purchases and the is suance of temporary license | |
1090 | 1881 | plates. Service Oklahoma and the Oklahoma Turnpike Authority are | |
1091 | 1882 | authorized to enter into contracts and agreements to facilitate the | |
1092 | 1883 | Oklahoma Turnpike Authority's access to an o wner's vehicle | |
1093 | 1884 | registration information used by th e Oklahoma Turnpike Authority to | |
1094 | 1885 | charge and collect tolls from owners of vehicles imaged using the | |
1095 | 1886 | turnpike system, and to charge the Oklahoma Turnpike Authority for | |
1096 | 1887 | services in connection with the Oklahoma Turnpike Authority's need | |
1097 | - | ||
1098 | - | ENR. S. B. NO. 2035 Page 26 | |
1099 | 1888 | to access owner registr ation information at such rates and | |
1100 | 1889 | miscellaneous costs as may be agreed to by Service Oklahoma and the | |
1101 | 1890 | Oklahoma Turnpike Authority. Service Oklahoma, in cooperation with | |
1102 | 1891 | the Oklahoma Turnpike Authority as provided in this subsection, and | |
1103 | 1892 | appropriate state agencies, com missions, and other organizations , is | |
1104 | 1893 | directed to develop, promote, and coordinate a public awareness | |
1105 | 1894 | program to be utilized in making Oklahomans aware of the | |
1106 | 1895 | requirements of this section. | |
1107 | - | ||
1108 | 1896 | SECTION 7. AMENDATORY 47 O.S. 2021, Section 1112. 3, is | |
1109 | 1897 | amended to read as follows: | |
1110 | 1898 | ||
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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. | |
1948 | + | ||
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1973 | + | ||
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 | |
1998 | + | ||
1999 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 40 1 | |
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2021 | + | 23 | |
2022 | + | 24 | |
2023 | + | ||
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 | |
2048 | + | ||
2049 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 41 1 | |
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2070 | + | 22 | |
2071 | + | 23 | |
2072 | + | 24 | |
2073 | + | ||
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 | |
2098 | + | ||
2099 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 42 1 | |
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2101 | + | 3 | |
2102 | + | 4 | |
2103 | + | 5 | |
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2121 | + | 23 | |
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2123 | + | ||
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, | |
2148 | + | ||
2149 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 43 1 | |
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2173 | + | ||
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. | |
2197 | + | ||
2198 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 44 1 | |
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2222 | + | ||
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; | |
2246 | + | ||
2247 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 45 1 | |
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2271 | + | ||
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 | |
2296 | + | ||
2297 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 46 1 | |
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2316 | + | 20 | |
2317 | + | 21 | |
2318 | + | 22 | |
2319 | + | 23 | |
2320 | + | 24 | |
2321 | + | ||
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. | |
2346 | + | ||
2347 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 47 1 | |
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2367 | + | 21 | |
2368 | + | 22 | |
2369 | + | 23 | |
2370 | + | 24 | |
2371 | + | ||
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. | |
2396 | + | ||
2397 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 48 1 | |
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2420 | + | 24 | |
2421 | + | ||
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 | |
2446 | + | ||
2447 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 49 1 | |
2448 | + | 2 | |
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2451 | + | 5 | |
2452 | + | 6 | |
2453 | + | 7 | |
2454 | + | 8 | |
2455 | + | 9 | |
2456 | + | 10 | |
2457 | + | 11 | |
2458 | + | 12 | |
2459 | + | 13 | |
2460 | + | 14 | |
2461 | + | 15 | |
2462 | + | 16 | |
2463 | + | 17 | |
2464 | + | 18 | |
2465 | + | 19 | |
2466 | + | 20 | |
2467 | + | 21 | |
2468 | + | 22 | |
2469 | + | 23 | |
2470 | + | 24 | |
2471 | + | ||
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 | |
2496 | + | ||
2497 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 50 1 | |
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2521 | + | ||
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 | |
2545 | + | ||
2546 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 51 1 | |
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2570 | + | ||
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 | |
2595 | + | ||
2596 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 52 1 | |
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2620 | + | ||
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. | |
2644 | + | ||
2645 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 53 1 | |
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2669 | + | ||
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); | |
2693 | + | ||
2694 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 54 1 | |
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2718 | + | ||
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 | |
2742 | + | ||
2743 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 55 1 | |
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2767 | + | ||
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 | |
2792 | + | ||
2793 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 56 1 | |
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2817 | + | ||
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 | |
2842 | + | ||
2843 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 57 1 | |
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2867 | + | ||
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. | |
2892 | + | ||
2893 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 58 1 | |
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2917 | + | ||
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. | |
2942 | + | ||
2943 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 59 1 | |
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2967 | + | ||
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 | |
2992 | + | ||
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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 | |
3042 | + | ||
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3067 | + | ||
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 | |
3092 | + | ||
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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. | |
3141 | + | ||
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3166 | + | ||
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. | |
3191 | + | ||
3192 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 64 1 | |
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3216 | + | ||
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 | + | ||
3242 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 65 1 | |
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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, | |
3291 | + | ||
3292 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 66 1 | |
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3316 | + | ||
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 | |
3341 | + | ||
3342 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 67 1 | |
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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 | + | ||
3392 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 68 1 | |
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3416 | + | ||
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 | + | ||
3442 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 69 1 | |
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3466 | + | ||
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; | |
3490 | + | ||
3491 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 70 1 | |
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3508 | + | 18 | |
3509 | + | 19 | |
3510 | + | 20 | |
3511 | + | 21 | |
3512 | + | 22 | |
3513 | + | 23 | |
3514 | + | 24 | |
3515 | + | ||
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 | + | ||
3541 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 71 1 | |
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3564 | + | 24 | |
3565 | + | ||
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. | |
3588 | + | ||
3589 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 72 1 | |
3590 | + | 2 | |
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3613 | + | ||
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 | + | ||
3639 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 73 1 | |
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3663 | + | ||
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 | + | ||
3688 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 74 1 | |
3689 | + | 2 | |
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3712 | + | ||
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 | + | ||
3734 | + | ENGR. H. A. to ENGR. S. B. NO. 2035 Page 75 1 | |
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3757 | + | 24 | |
3758 | + | ||
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 | |
3852 | + | 2 | |
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3875 | + | ||
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 | |
3923 | + | 2 | |
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3946 | + | ||
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. | |
3971 | + | ||
3972 | + | ENGR. S. B. NO. 2035 Page 4 1 | |
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3995 | + | 24 | |
3996 | + | ||
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 | + | ||
4022 | + | ENGR. S. B. NO. 2035 Page 5 1 | |
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4046 | + | ||
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. | |
4071 | + | ||
4072 | + | ENGR. S. B. NO. 2035 Page 6 1 | |
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4095 | + | 24 | |
4096 | + | ||
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 | |
4120 | + | ||
4121 | + | ENGR. S. B. NO. 2035 Page 7 1 | |
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4144 | + | 24 | |
4145 | + | ||
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. | |
4169 | + | ||
4170 | + | ENGR. S. B. NO. 2035 Page 8 1 | |
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4193 | + | 24 | |
4194 | + | ||
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. | |
4218 | + | ||
4219 | + | ENGR. S. B. NO. 2035 Page 9 1 | |
4220 | + | 2 | |
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4242 | + | 24 | |
4243 | + | ||
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 | + | ||
4269 | + | ENGR. S. B. NO. 2035 Page 10 1 | |
4270 | + | 2 | |
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4292 | + | 24 | |
4293 | + | ||
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; | |
4318 | + | ||
4319 | + | ENGR. S. B. NO. 2035 Page 11 1 | |
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4342 | + | 24 | |
4343 | + | ||
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. | |
4368 | + | ||
4369 | + | ENGR. S. B. NO. 2035 Page 12 1 | |
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4391 | + | 23 | |
4392 | + | 24 | |
4393 | + | ||
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, | |
4417 | + | ||
4418 | + | ENGR. S. B. NO. 2035 Page 13 1 | |
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4441 | + | 24 | |
4442 | + | ||
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. | |
4467 | + | ||
4468 | + | ENGR. S. B. NO. 2035 Page 14 1 | |
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4491 | + | 24 | |
4492 | + | ||
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 | |
4517 | + | ||
4518 | + | ENGR. S. B. NO. 2035 Page 15 1 | |
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4537 | + | 20 | |
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4539 | + | 22 | |
4540 | + | 23 | |
4541 | + | 24 | |
4542 | + | ||
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. | |
4566 | + | ||
4567 | + | ENGR. S. B. NO. 2035 Page 16 1 | |
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4588 | + | 22 | |
4589 | + | 23 | |
4590 | + | 24 | |
4591 | + | ||
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, | |
4615 | + | ||
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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. | |
4665 | + | ||
4666 | + | ENGR. S. B. NO. 2035 Page 18 1 | |
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4690 | + | ||
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 | |
4715 | + | ||
4716 | + | ENGR. S. B. NO. 2035 Page 19 1 | |
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4740 | + | ||
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 | |
4765 | + | ||
4766 | + | ENGR. S. B. NO. 2035 Page 20 1 | |
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4790 | + | ||
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 | |
4815 | + | ||
4816 | + | ENGR. S. B. NO. 2035 Page 21 1 | |
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4840 | + | ||
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; | |
4865 | + | ||
4866 | + | ENGR. S. B. NO. 2035 Page 22 1 | |
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4890 | + | ||
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) | |
4915 | + | ||
4916 | + | ENGR. S. B. NO. 2035 Page 23 1 | |
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4940 | + | ||
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 | |
4965 | + | ||
4966 | + | ENGR. S. B. NO. 2035 Page 24 1 | |
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4990 | + | ||
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; | |
5015 | + | ||
5016 | + | ENGR. S. B. NO. 2035 Page 25 1 | |
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5040 | + | ||
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; | |
5063 | + | ||
5064 | + | ENGR. S. B. NO. 2035 Page 26 1 | |
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5088 | + | ||
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 | |
5113 | + | ||
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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 | |
5163 | + | ||
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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; | |
5212 | + | ||
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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 | + | ||
5262 | + | ENGR. S. B. NO. 2035 Page 30 1 | |
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5286 | + | ||
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 | |
5310 | + | ||
5311 | + | ENGR. S. B. NO. 2035 Page 31 1 | |
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5335 | + | ||
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; | |
5360 | + | ||
5361 | + | ENGR. S. B. NO. 2035 Page 32 1 | |
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5385 | + | ||
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 | |
5410 | + | ||
5411 | + | ENGR. S. B. NO. 2035 Page 33 1 | |
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5435 | + | ||
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, | |
5459 | + | ||
5460 | + | ENGR. S. B. NO. 2035 Page 34 1 | |
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5484 | + | ||
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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5534 | + | ||
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: | |
1111 | 5551 | Section 1112.3. A. Except as otherwise provided in subsection | |
1112 | 5552 | B of this section, a t all times while a vehic le is being used or | |
1113 | 5553 | operated on the roads of this state, the operator of the vehicle | |
1114 | 5554 | shall have in his or her possession or carry in the vehicle and | |
1115 | 5555 | exhibit upon demand to any peace officer of the state or duly | |
1116 | 5556 | authorized employee of the Department of Publ ic Safety, either a: | |
1117 | - | ||
1118 | 5557 | 1. Registration certificate, an electronic version of the | |
1119 | 5558 | registration certificate , or an official copy thereof. In addition, | |
5559 | + | ||
5560 | + | ENGR. S. B. NO. 2035 Page 36 1 | |
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5584 | + | ||
1120 | 5585 | the vehicle operator may redact home address information printed on | |
1121 | 5586 | the registration certificate; | |
1122 | - | ||
1123 | 5587 | 2. True copy of rental or lease documentation issued for a | |
1124 | 5588 | motor vehicle; | |
1125 | - | ||
1126 | 5589 | 3. Registration certificate, an electronic version of the | |
1127 | 5590 | registration certificate , or an official copy thereof issued for a | |
1128 | 5591 | replacement vehicle in the same registr ation period. In additio n, | |
1129 | 5592 | the vehicle operator may redact home address information printed on | |
1130 | 5593 | the registration certificate; | |
1131 | - | ||
1132 | 5594 | 4. Temporary receipt printed upon self -initiated electronic | |
1133 | 5595 | renewal of a registration via the Internet; or | |
1134 | - | ||
1135 | 5596 | 5. Cab card issued fo r a vehicle registered un der the | |
1136 | 5597 | International Registration Plan. | |
1137 | - | ||
1138 | 5598 | B. The provisions of subsection A of this section shall not | |
1139 | 5599 | apply to the first thirty (30) days two (2) months after purchase of | |
1140 | 5600 | 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 | |
1145 | 5602 | last amended by Section 127, Chapter 282, O.S.L. 2022 (47 O.S. Supp. | |
1146 | 5603 | 2023, Section 1113), is amended to read as follows: | |
1147 | - | ||
1148 | 5604 | Section 1113. A. 1. Except for all -terrain vehicles, utility | |
1149 | 5605 | vehicles and motorcycles used exclusively off roads an d highways, | |
1150 | 5606 | upon the filing of a registration application and the payment of the | |
1151 | 5607 | fees provided for in the Oklahoma Vehicle License and Registration | |
1152 | 5608 | Act, Service Oklahoma or the Corporation Commission, as applicable, | |
5609 | + | ||
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1153 | 5635 | shall assign to the vehicle described in the application a | |
1154 | 5636 | distinctive number, and issue to the owner of the vehicle a | |
1155 | 5637 | certificate of registration, one license plate and a yearly decal , | |
1156 | 5638 | unless otherwise previously issued pursuant to the Oklahoma Vehicle | |
1157 | 5639 | License and Registration Act. Service Oklahoma shall assign an all - | |
1158 | 5640 | terrain vehicle, utility vehicle or motorcycle used exclusively off | |
1159 | 5641 | roads and highways a distinctive number and issue to the owner a | |
1160 | 5642 | certificate of registration and a decal but not a license plate. | |
1161 | 5643 | For each subsequent registratio n year, Service Oklahoma shall issue | |
1162 | 5644 | a yearly decal to be affixed to the license plate, except for an | |
1163 | 5645 | all-terrain vehicle, utility vehicle or motorcycle used exclusively | |
1164 | 5646 | off roads and highways. The initial decal for an all -terrain | |
1165 | 5647 | vehicle, utility vehicle or motorcycle shall be attached to the | |
1166 | 5648 | front of the vehicle and shall be in clear view. The decal shall be | |
1167 | 5649 | on the front or on the front fork of the motorcycle used exclusively | |
1168 | 5650 | off roads and highways an d the decal shall be in clea r view. The | |
1169 | 5651 | yearly decal shall have an identification number and the last two | |
1170 | 5652 | numbers of the registration year for which it shall expire. Except | |
1171 | 5653 | as provided by Section 1113A of this title, the license plate shall | |
1172 | 5654 | be affixed to the exterior of the vehicle until a replacement | |
1173 | 5655 | license plate is applied for. If the owner applies for a | |
1174 | 5656 | replacement license plate, Service Oklahoma shall charge the fee | |
1175 | 5657 | provided for in Section 1114 of this title. The yearly decal will | |
1176 | 5658 | validate the license plate for each registrat ion period other than | |
5659 | + | ||
5660 | + | ENGR. S. B. NO. 2035 Page 38 1 | |
5661 | + | 2 | |
5662 | + | 3 | |
5663 | + | 4 | |
5664 | + | 5 | |
5665 | + | 6 | |
5666 | + | 7 | |
5667 | + | 8 | |
5668 | + | 9 | |
5669 | + | 10 | |
5670 | + | 11 | |
5671 | + | 12 | |
5672 | + | 13 | |
5673 | + | 14 | |
5674 | + | 15 | |
5675 | + | 16 | |
5676 | + | 17 | |
5677 | + | 18 | |
5678 | + | 19 | |
5679 | + | 20 | |
5680 | + | 21 | |
5681 | + | 22 | |
5682 | + | 23 | |
5683 | + | 24 | |
5684 | + | ||
1177 | 5685 | the year the license plate is issued. The license plate and decal | |
1178 | 5686 | shall be of such size, color, design , and numbering as Service | |
1179 | 5687 | Oklahoma may direct. However, yearly decals issued to the owner of | |
1180 | 5688 | a vehicle who has filed an affidavit with the appropriate lic ensed | |
1181 | 5689 | operator in accordance with Section 7 -607 of this title shall be a | |
1182 | 5690 | separate and distinct color from all other decals issued under this | |
1183 | 5691 | section. Before the effective date of this act, Service Oklah oma | |
1184 | 5692 | shall also issue a month ly decal which shall incl ude a two-letter | |
1185 | - | ||
1186 | - | ENR. S. B. NO. 2035 Page 28 | |
1187 | 5693 | abbreviation corresponding to the county in which the vehicle is | |
1188 | 5694 | registered. Service Oklahoma shall issue all decals in the | |
1189 | 5695 | possession of Service Oklahoma on the effective date of this act | |
1190 | 5696 | before issuing any decal s which do not contain th e county | |
1191 | 5697 | abbreviation. | |
1192 | - | ||
1193 | 5698 | 2. a. The operation of a street -legal utility vehicle on the | |
1194 | 5699 | streets and highways of this state requires the | |
1195 | 5700 | vehicle be issued a certificate of registration and | |
1196 | 5701 | license plate to be renewed annually. Upon the filing | |
1197 | 5702 | of a registration application and the payment of the | |
1198 | 5703 | fees provided for in the Oklahoma Vehicle License and | |
1199 | 5704 | Registration Act, Service Oklahoma or the Corporation | |
1200 | 5705 | Commission, as applicable, shall assign to the vehicle | |
1201 | 5706 | described in the application a d istinctive number, and | |
1202 | 5707 | issue to the owner of the vehicle a certificate of | |
1203 | 5708 | registration, one license plate and a yearly decal. | |
5709 | + | ||
5710 | + | ENGR. S. B. NO. 2035 Page 39 1 | |
5711 | + | 2 | |
5712 | + | 3 | |
5713 | + | 4 | |
5714 | + | 5 | |
5715 | + | 6 | |
5716 | + | 7 | |
5717 | + | 8 | |
5718 | + | 9 | |
5719 | + | 10 | |
5720 | + | 11 | |
5721 | + | 12 | |
5722 | + | 13 | |
5723 | + | 14 | |
5724 | + | 15 | |
5725 | + | 16 | |
5726 | + | 17 | |
5727 | + | 18 | |
5728 | + | 19 | |
5729 | + | 20 | |
5730 | + | 21 | |
5731 | + | 22 | |
5732 | + | 23 | |
5733 | + | 24 | |
5734 | + | ||
1204 | 5735 | For each subsequent registration year, Service | |
1205 | 5736 | Oklahoma shall issue a yearly decal to be affixed to | |
1206 | 5737 | the license plate. The initi al decal for a street - | |
1207 | 5738 | legal utility vehicle shall be attached to the front | |
1208 | 5739 | of the vehicle and shall be in clear view. The yearly | |
1209 | 5740 | decal shall have an identification number and the last | |
1210 | 5741 | two numbers of the registration year for which it | |
1211 | 5742 | shall expire. Except as provided by Section 1 113A of | |
1212 | 5743 | this title, the license plate shall be affixed to the | |
1213 | 5744 | exterior of the vehicle until a replacement license | |
1214 | 5745 | plate is issued. If the owner applies for a | |
1215 | 5746 | replacement license plate, Service Oklahoma shall | |
1216 | 5747 | charge the fee provide d for in Section 1114 of this | |
1217 | 5748 | title. The yearly decal will validate the license | |
1218 | 5749 | plate for each registration period other than the year | |
1219 | 5750 | the license plate is issued. The license plate and | |
1220 | 5751 | decal shall be of such size, color, design , and | |
1221 | 5752 | numbering as Service Oklahoma may direct. Ho wever, | |
1222 | 5753 | yearly decals issued to the owner of a vehicle who has | |
1223 | 5754 | filed an affidavit with the appropriate licensed | |
1224 | 5755 | operator in accordance with Section 7 -607 of this | |
1225 | 5756 | title shall be a separate and distinct col or from all | |
1226 | 5757 | other decals issued under this section. | |
1227 | 5758 | ||
1228 | - | ||
1229 | - | ENR. S. B. NO. 2035 Page 29 | |
5759 | + | ENGR. S. B. NO. 2035 Page 40 1 | |
5760 | + | 2 | |
5761 | + | 3 | |
5762 | + | 4 | |
5763 | + | 5 | |
5764 | + | 6 | |
5765 | + | 7 | |
5766 | + | 8 | |
5767 | + | 9 | |
5768 | + | 10 | |
5769 | + | 11 | |
5770 | + | 12 | |
5771 | + | 13 | |
5772 | + | 14 | |
5773 | + | 15 | |
5774 | + | 16 | |
5775 | + | 17 | |
5776 | + | 18 | |
5777 | + | 19 | |
5778 | + | 20 | |
5779 | + | 21 | |
5780 | + | 22 | |
5781 | + | 23 | |
5782 | + | 24 | |
5783 | + | ||
1230 | 5784 | b. Service Oklahoma shall design and issue a temporary | |
1231 | 5785 | tag to out-of-state owners of street -legal utility | |
1232 | 5786 | vehicles. The temporary tag shall be recognized in | |
1233 | 5787 | lieu of registration in this state. The temporary tag | |
1234 | 5788 | shall clearly indicate the date of issuance and the | |
1235 | 5789 | date of expiration, which shall be five (5) days, | |
1236 | 5790 | including the day of issuance. Upon application for a | |
1237 | 5791 | temporary tag, the out -of-state owner shall show proof | |
1238 | 5792 | of insurance coverage that satisfie s the requirements | |
1239 | 5793 | of the Compulsory Insurance Law pu rsuant to Section 7- | |
1240 | 5794 | 600 et seq. of this title. Service Oklahoma is | |
1241 | 5795 | authorized to promulgate rules and procedures to | |
1242 | 5796 | implement the provisions of this paragraph. | |
1243 | - | ||
1244 | 5797 | 3. The license plate shall be securely attached to the rear of | |
1245 | 5798 | the vehicle, except truck-tractor plates which shall be attached to | |
1246 | 5799 | the front of the vehicle. Service Oklahoma may, with the | |
1247 | 5800 | concurrence of the Department of Public Safety, by Joint Rule, | |
1248 | 5801 | change and direct the manner, place , and location of display of any | |
1249 | 5802 | vehicle license plate when suc h action is deemed in the public | |
1250 | 5803 | interest. The license plate, decal and all letters and numbers | |
1251 | 5804 | shall be clearly visible at all times. The operation of a vehicle | |
1252 | 5805 | in this state, regardless of where such vehicle is registered, upon | |
1253 | 5806 | which the license plate is covered, overlaid , or otherwise screened | |
5807 | + | ||
5808 | + | ENGR. S. B. NO. 2035 Page 41 1 | |
5809 | + | 2 | |
5810 | + | 3 | |
5811 | + | 4 | |
5812 | + | 5 | |
5813 | + | 6 | |
5814 | + | 7 | |
5815 | + | 8 | |
5816 | + | 9 | |
5817 | + | 10 | |
5818 | + | 11 | |
5819 | + | 12 | |
5820 | + | 13 | |
5821 | + | 14 | |
5822 | + | 15 | |
5823 | + | 16 | |
5824 | + | 17 | |
5825 | + | 18 | |
5826 | + | 19 | |
5827 | + | 20 | |
5828 | + | 21 | |
5829 | + | 22 | |
5830 | + | 23 | |
5831 | + | 24 | |
5832 | + | ||
1254 | 5833 | with any material, whether such material be clear, translucent, | |
1255 | 5834 | tinted or opaque, shall be a violation of this paragraph. | |
1256 | - | ||
1257 | 5835 | 4. Upon payment of the annual regist ration fee provided in | |
1258 | 5836 | Section 1133 of this title, Se rvice Oklahoma or the Corporation | |
1259 | 5837 | Commission, as applicable, or a licensed operator may issue a | |
1260 | 5838 | permanent nonexpiring license plate to an owner of one hundred or | |
1261 | 5839 | more commercial motor vehicles and for vehicles registered under the | |
1262 | 5840 | provisions of Section 112 0 of this title. Upon payment of the | |
1263 | 5841 | annual registration fee, Service Oklahoma or the Corporation | |
1264 | 5842 | Commission shall issue a certificate of registration that shall be | |
1265 | 5843 | carried at all times in the vehicle f or which it is issued. | |
1266 | 5844 | Provided, if the registrant s ubmits its application through | |
1267 | 5845 | electronic means, such qualified owners of one hundred or more | |
1268 | 5846 | commercial motor vehicles, properly registered pursuant to the | |
1269 | 5847 | provisions of Section 1133 of this title, may elect to receive a | |
1270 | 5848 | permanent certificate of registrat ion that shall be carried at all | |
1271 | 5849 | times in the vehicle for which it is issued. | |
1272 | - | ||
1273 | - | ENR. S. B. NO. 2035 Page 30 | |
1274 | - | ||
1275 | 5850 | 5. Every vehicle owned by an agency of this state shall be | |
1276 | 5851 | exempt from the payment of registration fees required by this tit le. | |
1277 | 5852 | Provided, such vehicle shall be registered and s hall otherwise | |
1278 | 5853 | comply with the provisions of the Oklahoma Vehicle License and | |
1279 | 5854 | Registration Act. | |
1280 | 5855 | ||
5856 | + | ENGR. S. B. NO. 2035 Page 42 1 | |
5857 | + | 2 | |
5858 | + | 3 | |
5859 | + | 4 | |
5860 | + | 5 | |
5861 | + | 6 | |
5862 | + | 7 | |
5863 | + | 8 | |
5864 | + | 9 | |
5865 | + | 10 | |
5866 | + | 11 | |
5867 | + | 12 | |
5868 | + | 13 | |
5869 | + | 14 | |
5870 | + | 15 | |
5871 | + | 16 | |
5872 | + | 17 | |
5873 | + | 18 | |
5874 | + | 19 | |
5875 | + | 20 | |
5876 | + | 21 | |
5877 | + | 22 | |
5878 | + | 23 | |
5879 | + | 24 | |
5880 | + | ||
1281 | 5881 | B. The license plates required under the provisions of this | |
1282 | 5882 | title shall conform to the requirements and specifications listed | |
1283 | 5883 | hereinafter: | |
1284 | - | ||
1285 | 5884 | 1. Each license pla te shall have a space for the placement of | |
1286 | 5885 | the yearly decals for each succeeding year of registration after the | |
1287 | 5886 | initial issue; | |
1288 | - | ||
1289 | 5887 | 2. The provisions of the Oklahoma Vehicle License and | |
1290 | 5888 | Registration Act rega rding the issuance of yearly decals shall not | |
1291 | 5889 | apply to the issuance of apportioned license plates, including | |
1292 | 5890 | license plates for state vehicles, and exempt plates for | |
1293 | 5891 | governmental entities and fire departments organized pursuant to | |
1294 | 5892 | Section 592 of Title 18 of the Oklahoma Statutes; | |
1295 | - | ||
1296 | 5893 | 3. All license plates and d ecals shall be made with | |
1297 | 5894 | reflectorized material as a background to the letters, numbers and | |
1298 | 5895 | characters displayed thereon. The reflectorized material shall be | |
1299 | 5896 | of such a nature as to provide effective and dependable brightness | |
1300 | 5897 | during the service period for which the license plate or decal is | |
1301 | 5898 | issued; | |
1302 | - | ||
1303 | 5899 | 4. Except as otherwise provided in this subsection, Service | |
1304 | 5900 | Oklahoma shall design appropriate official license plates for all | |
1305 | 5901 | state vehicles. Such license plates shall be permanent in n ature | |
1306 | 5902 | and designed in such manner as to remain with the vehicle for the | |
1307 | 5903 | duration of the vehicle’s life span or until the title is | |
1308 | 5904 | transferred to a nongovernmental owner; | |
1309 | 5905 | ||
5906 | + | ENGR. S. B. NO. 2035 Page 43 1 | |
5907 | + | 2 | |
5908 | + | 3 | |
5909 | + | 4 | |
5910 | + | 5 | |
5911 | + | 6 | |
5912 | + | 7 | |
5913 | + | 8 | |
5914 | + | 9 | |
5915 | + | 10 | |
5916 | + | 11 | |
5917 | + | 12 | |
5918 | + | 13 | |
5919 | + | 14 | |
5920 | + | 15 | |
5921 | + | 16 | |
5922 | + | 17 | |
5923 | + | 18 | |
5924 | + | 19 | |
5925 | + | 20 | |
5926 | + | 21 | |
5927 | + | 22 | |
5928 | + | 23 | |
5929 | + | 24 | |
5930 | + | ||
1310 | 5931 | 5. Within the limits prescribed in this section, Service | |
1311 | 5932 | Oklahoma shall design approp riate official license pl ates for | |
1312 | 5933 | vehicles of the Oklahoma Highway Patrol. The license plates shall | |
1313 | 5934 | have the legend “Oklahoma OK” and shall contain the letters “OHP” | |
1314 | 5935 | followed by the state seal and the badge number of the Highway | |
1315 | - | ||
1316 | - | ENR. S. B. NO. 2035 Page 31 | |
1317 | 5936 | Patrol officer to whom the vehicle is assigned. Th e words “Oklahoma | |
1318 | 5937 | Highway Patrol” shall also be included on such license plates; | |
1319 | - | ||
1320 | 5938 | 6. Within the limits prescribed in this section, Service | |
1321 | 5939 | Oklahoma shall design appropriate official license plates for | |
1322 | 5940 | vehicles of the Oklahoma Military Department of the State of | |
1323 | 5941 | Oklahoma. Such license plates shall have the legend “Oklahoma OK” | |
1324 | 5942 | and shall contain the letters “OMD” followed by the state seal and | |
1325 | 5943 | three numbers or letters as designated by the Adjutant General. The | |
1326 | 5944 | words “Oklahoma Milita ry Department” shall also be included on such | |
1327 | 5945 | license plates; | |
1328 | - | ||
1329 | 5946 | 7. Within the limits prescribed in this section, Service | |
1330 | 5947 | Oklahoma shall design appropriate official license plates for | |
1331 | 5948 | vehicles of the Oklahoma Department of Correct ions. Such license | |
1332 | 5949 | plates shall contain the letters “DOC” followed by the Department of | |
1333 | 5950 | Corrections badge and three numbers or letters or combination of | |
1334 | 5951 | both as designated by the Director of the agency. The words | |
1335 | 5952 | “Department of Corrections” shall also be included on such license | |
1336 | 5953 | plates; and | |
1337 | 5954 | ||
5955 | + | ENGR. S. B. NO. 2035 Page 44 1 | |
5956 | + | 2 | |
5957 | + | 3 | |
5958 | + | 4 | |
5959 | + | 5 | |
5960 | + | 6 | |
5961 | + | 7 | |
5962 | + | 8 | |
5963 | + | 9 | |
5964 | + | 10 | |
5965 | + | 11 | |
5966 | + | 12 | |
5967 | + | 13 | |
5968 | + | 14 | |
5969 | + | 15 | |
5970 | + | 16 | |
5971 | + | 17 | |
5972 | + | 18 | |
5973 | + | 19 | |
5974 | + | 20 | |
5975 | + | 21 | |
5976 | + | 22 | |
5977 | + | 23 | |
5978 | + | 24 | |
5979 | + | ||
1338 | 5980 | 8. Within the limits prescribed in this section, the Oklahoma | |
1339 | 5981 | Tourism and Recreation Department shall design any license plates | |
1340 | 5982 | required by the initiation of a license plate reissuance by Service | |
1341 | 5983 | Oklahoma at the reque st of the Department of Publ ic Safety pursuant | |
1342 | 5984 | to the provisions of Section 1113.2 of this title. Any such new | |
1343 | 5985 | designs shall be submitted by the Oklahoma Tourism and Recreation | |
1344 | 5986 | Department to the Department of Public Safety for its approval prior | |
1345 | 5987 | to being issued by Service Oklahoma. | |
1346 | - | ||
1347 | 5988 | C. Where the applicant h as satisfactorily shown that the | |
1348 | 5989 | applicant owns the vehicle sought to be registered but is unable to | |
1349 | 5990 | produce documentary evidence of the ownership, a license plate may | |
1350 | 5991 | be issued upon approval by Service Oklahoma or the Corporation | |
1351 | 5992 | Commission, as applicable . In such instances the reason for not | |
1352 | 5993 | issuing a certificate of title shall be indicated on the receipt | |
1353 | 5994 | given to the applicant. It shall still be the duty of the applicant | |
1354 | 5995 | to immediately take all necessary steps to obtain the Okl ahoma | |
1355 | 5996 | certificate of title and it shall be unlawful for the applicant to | |
1356 | 5997 | sell the vehicle until the certificate has been obtained in the | |
1357 | 5998 | applicant’s name. | |
1358 | - | ||
1359 | - | ||
1360 | - | ENR. S. B. NO. 2035 Page 32 | |
1361 | 5999 | D. The certificate of registration provided for in this section | |
1362 | 6000 | shall be in convenient form, and the certificate of registrat ion, or | |
1363 | 6001 | a certified copy or photostatic copy thereof, duly authenticated by | |
1364 | 6002 | Service Oklahoma or the Corporation Commission, as applicable, shall | |
1365 | 6003 | be carried at all times in or upon all vehicles so registered, in | |
6004 | + | ||
6005 | + | ENGR. S. B. NO. 2035 Page 45 1 | |
6006 | + | 2 | |
6007 | + | 3 | |
6008 | + | 4 | |
6009 | + | 5 | |
6010 | + | 6 | |
6011 | + | 7 | |
6012 | + | 8 | |
6013 | + | 9 | |
6014 | + | 10 | |
6015 | + | 11 | |
6016 | + | 12 | |
6017 | + | 13 | |
6018 | + | 14 | |
6019 | + | 15 | |
6020 | + | 16 | |
6021 | + | 17 | |
6022 | + | 18 | |
6023 | + | 19 | |
6024 | + | 20 | |
6025 | + | 21 | |
6026 | + | 22 | |
6027 | + | 23 | |
6028 | + | 24 | |
6029 | + | ||
1366 | 6030 | such manner as to pe rmit a ready examination thereof upon demand by | |
1367 | 6031 | any peace officer of the state or duly authorized employee of the | |
1368 | 6032 | Department of Public Safety. Any such officer or agent may seize | |
1369 | 6033 | and hold such vehicle when the operator of the s ame does not have | |
1370 | 6034 | the registration certificate in the operator’s possession or when | |
1371 | 6035 | any such officer or agent determines that the registration | |
1372 | 6036 | certificate has been obtained by misrepresentation of any essential | |
1373 | 6037 | or material fact or when any number or identifying information | |
1374 | 6038 | appearing on such certificate has b een changed, altered, obliterated | |
1375 | 6039 | or concealed in any way, until the proper registration or | |
1376 | 6040 | identification of such vehicle has been made or produced by the | |
1377 | 6041 | owner thereof. | |
1378 | - | ||
1379 | 6042 | E. The purchaser of a new or us ed manufactured home shall, | |
1380 | 6043 | within thirty (30) days o f the date of purchase, register the home | |
1381 | 6044 | with Service Oklahoma or a licensed operator pursuant to the | |
1382 | 6045 | provisions of Section 1117 of this title. For a new manufactured | |
1383 | 6046 | home, it shall be the responsibility of the dealer selling the home | |
1384 | 6047 | to place a temporary license plate on the home in the same manner as | |
1385 | 6048 | provided in Section 1128 of this title for other new motor vehicles. | |
1386 | 6049 | For the first year that any manufactured home is registered in this | |
1387 | 6050 | state, Service Oklahoma shall issue a metal license plate which | |
1388 | 6051 | shall be affixed to the manufactured home. The temporary dealer | |
1389 | 6052 | license plate or the metal license plate shall be displayed on the | |
1390 | 6053 | manufactured home at all times when upon a public roadway; provided, | |
6054 | + | ||
6055 | + | ENGR. S. B. NO. 2035 Page 46 1 | |
6056 | + | 2 | |
6057 | + | 3 | |
6058 | + | 4 | |
6059 | + | 5 | |
6060 | + | 6 | |
6061 | + | 7 | |
6062 | + | 8 | |
6063 | + | 9 | |
6064 | + | 10 | |
6065 | + | 11 | |
6066 | + | 12 | |
6067 | + | 13 | |
6068 | + | 14 | |
6069 | + | 15 | |
6070 | + | 16 | |
6071 | + | 17 | |
6072 | + | 18 | |
6073 | + | 19 | |
6074 | + | 20 | |
6075 | + | 21 | |
6076 | + | 22 | |
6077 | + | 23 | |
6078 | + | 24 | |
6079 | + | ||
1391 | 6080 | a repossession affidavit issued pu rsuant to Sections 1110 a nd 1126 | |
1392 | 6081 | of this title shall be permissible in lieu of a current license | |
1393 | 6082 | plate and decal for the purposes of removing a repossessed | |
1394 | 6083 | manufactured home to a secure location. Manufactured homes | |
1395 | 6084 | previously registered and subject to ad valorem taxation as provi ded | |
1396 | 6085 | by law shall have a decal affixed at the time ad valorem taxes are | |
1397 | 6086 | paid for such manufactured home; provided, for a manufactured home | |
1398 | 6087 | permanently affixed to real estate, no decal or license plate shall | |
1399 | 6088 | be required to be affixed and the owner thereof sh all be given a | |
1400 | 6089 | receipt upon payment of ad valorem taxes due on the home. Service | |
1401 | 6090 | Oklahoma shall make sufficient plates and decals available to the | |
1402 | 6091 | various licensed operators of the state in order for an owner of a | |
1403 | - | ||
1404 | - | ENR. S. B. NO. 2035 Page 33 | |
1405 | 6092 | manufactured home to acquire the plate or decal. A one-dollar fee | |
1406 | 6093 | shall be charged for issuance of any plate or decal. The fee shall | |
1407 | 6094 | be apportioned each month to the General Revenue Fund of the State | |
1408 | 6095 | Treasury. | |
1409 | - | ||
1410 | 6096 | F. The decal shall be easily visible for purposes of | |
1411 | 6097 | verification by a county assess or that the manufactured home is | |
1412 | 6098 | properly assessed for ad valorem taxation. In the first year of | |
1413 | 6099 | registration, a decal shall be issued for placement on the license | |
1414 | 6100 | plate indicating payment of applicable registration fees and excis e | |
1415 | 6101 | taxes. A duplicate man ufactured home registration decal shall be | |
1416 | 6102 | affixed inside the window nearest the front door of the manufactured | |
1417 | 6103 | home. In the second and all subsequent years for which the | |
6104 | + | ||
6105 | + | ENGR. S. B. NO. 2035 Page 47 1 | |
6106 | + | 2 | |
6107 | + | 3 | |
6108 | + | 4 | |
6109 | + | 5 | |
6110 | + | 6 | |
6111 | + | 7 | |
6112 | + | 8 | |
6113 | + | 9 | |
6114 | + | 10 | |
6115 | + | 11 | |
6116 | + | 12 | |
6117 | + | 13 | |
6118 | + | 14 | |
6119 | + | 15 | |
6120 | + | 16 | |
6121 | + | 17 | |
6122 | + | 18 | |
6123 | + | 19 | |
6124 | + | 20 | |
6125 | + | 21 | |
6126 | + | 22 | |
6127 | + | 23 | |
6128 | + | 24 | |
6129 | + | ||
1418 | 6130 | manufactured home is subject to ad valorem taxation, an ann ual decal | |
1419 | 6131 | shall be affixed inside the window nearest the front door as | |
1420 | 6132 | evidence of payment of ad valorem taxes. Service Oklahoma shall | |
1421 | 6133 | issue decals to the various county treasurers of the state in order | |
1422 | 6134 | for a manufactured home owner to obtain such decal e ach year. Upon | |
1423 | 6135 | presentation of a valid ad valorem tax receipt, the manufactured | |
1424 | 6136 | home owner shall be issued the annual decal. | |
1425 | - | ||
1426 | 6137 | G. Upon the registration of a manufactured home in this state | |
1427 | 6138 | for the first time or upon discovery of a manufactured home | |
1428 | 6139 | previously registered within thi s state for which the information | |
1429 | 6140 | required by this subsection is not known, Service Oklahoma shall | |
1430 | 6141 | obtain: | |
1431 | - | ||
1432 | 6142 | 1. The name of the owner of the manufactured home; | |
1433 | - | ||
1434 | 6143 | 2. The serial number or identification numb er of the | |
1435 | 6144 | manufactured home; | |
1436 | - | ||
1437 | 6145 | 3. A legal description or address of the location for the home; | |
1438 | - | ||
1439 | 6146 | 4. The actual retail selling price of the manufactured home | |
1440 | 6147 | excluding Oklahoma taxes; | |
1441 | - | ||
1442 | 6148 | 5. The certificate of title number for the home; and | |
1443 | - | ||
1444 | 6149 | 6. Any other information which Service Oklahoma deems to be | |
1445 | 6150 | necessary. | |
1446 | - | ||
1447 | - | ||
1448 | - | ENR. S. B. NO. 2035 Page 34 | |
1449 | 6151 | The application for registration shall also include the school | |
1450 | 6152 | district in which the manufactured home is located or is to be | |
1451 | 6153 | located. The information shall be entered into a computer data | |
6154 | + | ||
6155 | + | ENGR. S. B. NO. 2035 Page 48 1 | |
6156 | + | 2 | |
6157 | + | 3 | |
6158 | + | 4 | |
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6178 | + | 24 | |
6179 | + | ||
1452 | 6180 | system which shall be used by Service Oklah oma to provide | |
1453 | 6181 | information to county assessors upon request by the assessor. The | |
1454 | 6182 | assessor may request any information from the system in order to | |
1455 | 6183 | 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 | |
1458 | 6185 | amended by Section 128, Chapter 282, O.S.L. 2022 (47 O.S. Supp. | |
1459 | 6186 | 2023, Section 1113A), is amended to read as follows: | |
1460 | - | ||
1461 | 6187 | Section 1113A. A. As used in this section: | |
1462 | - | ||
1463 | 6188 | 1. “First vehicle” means the vehi cle from which a license pla te | |
1464 | 6189 | is removed and transfe rred to a second vehicle; | |
1465 | - | ||
1466 | 6190 | 2. “Second vehicle” means the vehicle to which a license plate | |
1467 | 6191 | is transferred after removal from a first vehicle; and | |
1468 | - | ||
1469 | 6192 | 3. “Vehicle” means a passenger vehicle and does not include | |
1470 | 6193 | farm or commercial vehicl es. | |
1471 | - | ||
1472 | 6194 | B. A person may reta in the license plate of any vehicle | |
1473 | 6195 | registered to such person for purposes of transferring such license | |
1474 | 6196 | plate to a second vehicle registered to such person. The license | |
1475 | 6197 | plate removed from the first vehi cle may be transferred to a new or | |
1476 | 6198 | used second vehicle. The procedure for transfer shall be as | |
1477 | 6199 | follows: | |
1478 | - | ||
1479 | 6200 | 1. If the license plate removed from the first vehicle is | |
1480 | 6201 | transferred to a new motor vehicle, the owner shall obtain a | |
1481 | 6202 | replacement license plate from Service Oklahoma or one of i ts | |
1482 | 6203 | licensed operators within ten (10) days of removal of the license | |
6204 | + | ||
6205 | + | ENGR. S. B. NO. 2035 Page 49 1 | |
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6228 | + | 24 | |
6229 | + | ||
1483 | 6230 | plate and upon payment of the fee required for a replacement plate | |
1484 | 6231 | and an additional Ten Dollars ($10.00). The replacement plate shall | |
1485 | 6232 | bear an expiration date that corresponds to the exp iration date on | |
1486 | 6233 | the license plate removed from the first vehicle. The replacement | |
1487 | 6234 | plate shall be affixed to the first vehicle immediately upon removal | |
1488 | 6235 | of the existing license plate. The license plate removed from the | |
1489 | 6236 | first vehicle shall be affixed to the second vehicle upon payment by | |
1490 | 6237 | the owner of all applicable registration and license fees | |
1491 | - | ||
1492 | - | ENR. S. B. NO. 2035 Page 35 | |
1493 | 6238 | immediately. Additionally, within two (2) business days of the date | |
1494 | 6239 | of the sale or transfer of the motor vehicle, the parties must | |
1495 | 6240 | submit the requisite documentation to Service Oklahoma or a licensed | |
1496 | 6241 | operator identifying the motor vehicle subject to the sale or | |
1497 | 6242 | transfer, purchaser information, and any associated license plate on | |
1498 | 6243 | the vehicle, pursuant to the requirements of Section 1112.2 of this | |
1499 | 6244 | title. For sales invo lving a dealer seller, th e dealer must submit | |
1500 | 6245 | the requisite documentation to Service Oklahoma or a licensed | |
1501 | 6246 | operator within two (2) business days . Transfer of a license plate | |
1502 | 6247 | to a new motor vehicle as authorized by this paragra ph shall not | |
1503 | 6248 | relieve the owner of payment for registr ation or license fees | |
1504 | 6249 | applicable to such new motor vehicle as required by this title. | |
1505 | - | ||
1506 | 6250 | 2. If the license plate removed from the first vehicle is | |
1507 | 6251 | transferred to a second vehicle already displaying a license plate, | |
1508 | 6252 | the owner shall obtain the replacement lice nse plate required by | |
1509 | 6253 | paragraph 1 of this subsection. The replacement plate shall be | |
6254 | + | ||
6255 | + | ENGR. S. B. NO. 2035 Page 50 1 | |
6256 | + | 2 | |
6257 | + | 3 | |
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6278 | + | 24 | |
6279 | + | ||
1510 | 6280 | affixed to the first vehicle and shall bear the expiration date of | |
1511 | 6281 | the license plate removed from the first vehicle. The license plate | |
1512 | 6282 | from the second vehicle shall be r emoved and returned to Service | |
1513 | 6283 | Oklahoma or one of its licensed operators. The license plate | |
1514 | 6284 | removed from the first vehicle shall then be affixed to the second | |
1515 | 6285 | vehicle. The removed plate from the first vehicle shall bear an | |
1516 | 6286 | expiration date identical to th e plate removed from the second | |
1517 | 6287 | vehicle. Additionally, within two (2) business days of the date of | |
1518 | 6288 | the sale or transfer of the motor vehicle, the parties must submit | |
1519 | 6289 | the requisite documentation to Servi ce Oklahoma or a licensed | |
1520 | 6290 | operator identifying the mo tor vehicle subject to the sale or | |
1521 | 6291 | transfer, purchaser information, and any associated license plate on | |
1522 | 6292 | the vehicle, pursuant to the requirements of Section 1112.2 of this | |
1523 | 6293 | title. | |
1524 | - | ||
1525 | 6294 | C. Service Oklahoma shall be authorized to promulga te such | |
1526 | 6295 | rules or regulations as may be required to implement the license | |
1527 | 6296 | plate transfers authorized by this section. | |
1528 | - | ||
1529 | 6297 | D. In the event a person fails to obtain a replacement license | |
1530 | 6298 | plate as provided for in this section within th e time prescribed for | |
1531 | 6299 | the registration of the new or used second vehicle, a penalty of | |
1532 | 6300 | twenty-five cents ($0.25) per day shall be assessed from the day | |
1533 | 6301 | following the period prescribed for registration to the date of | |
1534 | 6302 | acquisition of the replacement license plate, such penalty to accrue | |
1535 | 6303 | ||
1536 | - | ENR. S. B. NO. 2035 Page 36 | |
6304 | + | ENGR. S. B. NO. 2035 Page 51 1 | |
6305 | + | 2 | |
6306 | + | 3 | |
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6327 | + | 24 | |
6328 | + | ||
1537 | 6329 | for no more than thirty (30) days, at the end of which time the | |
1538 | 6330 | 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 | |
1541 | 6332 | last amended by Sectio n 146, Chapter 282, O.S.L. 2 022 (47 O.S. Supp. | |
1542 | 6333 | 2023, Section 1132), is amended to read as follows: | |
1543 | - | ||
1544 | 6334 | Section 1132. A. For all vehicles, unless otherwise | |
1545 | 6335 | specifically provided by the Oklahoma Vehicle License and | |
1546 | 6336 | Registration Act, a registration fee shall be assessed at the time | |
1547 | 6337 | of initial registration by the owner and annually thereafter, for | |
1548 | 6338 | the use of the avenues of public access within this state in the | |
1549 | 6339 | following amounts: | |
1550 | - | ||
1551 | 6340 | 1. For the first through the fourth year of registration in | |
1552 | 6341 | this state or any other state, Eighty-five Dollars ($85.00); | |
1553 | - | ||
1554 | 6342 | 2. For the fifth through the eighth year of registration in | |
1555 | 6343 | this state or any other state, Seventy -five Dollars ($75.00); | |
1556 | - | ||
1557 | 6344 | 3. For the ninth through the twelfth year of registration in | |
1558 | 6345 | this state or any other state, Fifty -five Dollars ($55.00); | |
1559 | - | ||
1560 | 6346 | 4. For the thirteenth thr ough the sixteenth year of | |
1561 | 6347 | registration in this state or any other state, Thirty -five Dollars | |
1562 | 6348 | ($35.00); and | |
1563 | - | ||
1564 | 6349 | 5. For the seventeenth and any following year of registration | |
1565 | 6350 | in this state or any other state , Fifteen Dollars ($15.00). | |
6351 | + | ||
6352 | + | ENGR. S. B. NO. 2035 Page 52 1 | |
6353 | + | 2 | |
6354 | + | 3 | |
6355 | + | 4 | |
6356 | + | 5 | |
6357 | + | 6 | |
6358 | + | 7 | |
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6375 | + | 24 | |
1566 | 6376 | ||
1567 | 6377 | The registration fee prov ided for in this subsection shall be in | |
1568 | 6378 | lieu of all other taxes, general or local, unless otherwise | |
1569 | 6379 | specifically provided. | |
1570 | - | ||
1571 | 6380 | On and after January 1, 2022, if a physically disabled license | |
1572 | 6381 | plate is issued pursuant to paragraph 3 of su bsection B of Section | |
1573 | 6382 | 1135.1 of this title, any registration fee required for such license | |
1574 | 6383 | plate and the fee required pursuant to this subsection shall be | |
1575 | 6384 | remitted at the same time and subject to a single registration | |
1576 | 6385 | period. Upon receipt of a physically disabled license plate, t he | |
1577 | 6386 | standard issue standard-issue license plate must be surrendered to | |
1578 | 6387 | Service Oklahoma or the licensed operator. The physically disabled | |
1579 | - | ||
1580 | - | ENR. S. B. NO. 2035 Page 37 | |
1581 | 6388 | license plate must be properly displayed as required for a standard | |
1582 | 6389 | issue standard-issue license plate and will be the sole license | |
1583 | 6390 | plate issued and assigned to the vehicle. Service Oklahoma shall | |
1584 | 6391 | determine, by rule, a method for making required fee adjustments | |
1585 | 6392 | when a physically disabled license plate is obtained durin g a | |
1586 | 6393 | twelve-month period for which a registration fee has already been | |
1587 | 6394 | remitted pursuant to this subsection. The combination of fees in a | |
1588 | 6395 | single remittance shall not alter the apportionment otherwise | |
1589 | 6396 | provided for by law. | |
1590 | - | ||
1591 | 6397 | B. For all-terrain vehicles and motorcycles used exclusively | |
1592 | 6398 | for use off roads or highw ays purchased on or after July 1, 2005, | |
1593 | 6399 | and for all-terrain vehicles and motorcycles used exclusively for | |
1594 | 6400 | use off roads or highways purchased prior to July 1, 2005, which the | |
6401 | + | ||
6402 | + | ENGR. S. B. NO. 2035 Page 53 1 | |
6403 | + | 2 | |
6404 | + | 3 | |
6405 | + | 4 | |
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6425 | + | 24 | |
6426 | + | ||
1595 | 6427 | owner chooses to register pu rsuant to the provisions of Section | |
1596 | 6428 | 1115.3 of this title, an initial and nonrecurring registration fee | |
1597 | 6429 | of Eleven Dollars ($11.00) shall be assessed at the time of initial | |
1598 | 6430 | registration by the owner. Nine Dollars ($9.00) of the registration | |
1599 | 6431 | fee shall be deposited in the Oklahoma Tax Commission Reimbursement | |
1600 | 6432 | Fund through December 31, 2022, and beginning January 1, 2023, this | |
1601 | 6433 | fee shall be deposited in the Service Oklahoma Reimbursement Fund. | |
1602 | 6434 | Two Dollars ($2.00) of the registration fee shall be retained by the | |
1603 | 6435 | licensed operator. The fee s required by subsection A of this | |
1604 | 6436 | section shall not be required for all -terrain vehicles or | |
1605 | 6437 | motorcycles used exclusively off roads and highways. | |
1606 | - | ||
1607 | 6438 | C. For utility vehicles used exclusively for use off roads or | |
1608 | 6439 | highways purchased on or after July 1, 2008, an d for utility | |
1609 | 6440 | vehicles used exclusively for use off roads or highways purchased | |
1610 | 6441 | prior to July 1, 2008, which the owner chooses to register pursuant | |
1611 | 6442 | to the provisions of Section 1115.3 of this title, an initial and | |
1612 | 6443 | nonrecurring registration fee of Eleven Do llars ($11.00) shall be | |
1613 | 6444 | assessed at the time of initial registration by the owner. Nine | |
1614 | 6445 | Dollars ($9.00) of the registration fee shall be deposited in the | |
1615 | 6446 | Oklahoma Tax Commission Reimbursement Fund through December 31, | |
1616 | 6447 | 2022, and beginning January 1, 2023, this fee shall be deposit ed in | |
1617 | 6448 | the Service Oklahoma Reimbursement Fund. Two Dollars ($2.00) of the | |
1618 | 6449 | registration fee shall be retained by the licensed operator. The | |
6450 | + | ||
6451 | + | ENGR. S. B. NO. 2035 Page 54 1 | |
6452 | + | 2 | |
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6475 | + | ||
1619 | 6476 | fees required by subsection A of this section shall not be req uired | |
1620 | 6477 | for utility vehicles u sed exclusively off roads and highways. | |
1621 | - | ||
1622 | - | ||
1623 | - | ENR. S. B. NO. 2035 Page 38 | |
1624 | 6478 | D. There shall be a credit allowed with respect to the fee for | |
1625 | 6479 | registration of a new vehicle which is a replacement for: | |
1626 | - | ||
1627 | 6480 | 1. A new original vehicle which is stolen from the | |
1628 | 6481 | purchaser/registrant within ninety (90) da ys of the date of purchas e | |
1629 | 6482 | of the original vehicle as certified by a police report or other | |
1630 | 6483 | documentation as required by Service Oklahoma; or | |
1631 | - | ||
1632 | 6484 | 2. A defective new original vehicle returned by the | |
1633 | 6485 | purchaser/registrant to the selle r within six (6) months of t he date | |
1634 | 6486 | of purchase of the defective new original vehicle as certified by | |
1635 | 6487 | the manufacturer. | |
1636 | - | ||
1637 | 6488 | The credit shall be in the amount of the fee for registration | |
1638 | 6489 | which was paid for the new original vehicle and shall be applied to | |
1639 | 6490 | the registration fee for the repla cement vehicle. In no ev ent will | |
1640 | 6491 | the credit be refunded. | |
1641 | - | ||
1642 | 6492 | E. Upon every transfer or change of ownership of a vehicle, the | |
1643 | 6493 | new owner shall obtain title for and, except in the case of salvage | |
1644 | 6494 | vehicles and manufactured homes, regi ster the vehicle within thirty | |
1645 | 6495 | (30) days two (2) months of change of ownership and pay a transfer | |
1646 | 6496 | fee of Fifteen Dollars ($15.00) in addition to any other fees | |
1647 | 6497 | provided for in the Oklahoma Vehicle License and Registration Act. | |
1648 | 6498 | Additionally, within two (2) business days of the date o f the sale | |
1649 | 6499 | or transfer of the motor vehicle, the parties must submit the | |
6500 | + | ||
6501 | + | ENGR. S. B. NO. 2035 Page 55 1 | |
6502 | + | 2 | |
6503 | + | 3 | |
6504 | + | 4 | |
6505 | + | 5 | |
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6508 | + | 8 | |
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6525 | + | ||
1650 | 6526 | requisite documentation to Service Oklahoma or a licensed operator | |
1651 | 6527 | identifying the motor vehicle subject to the sale or transfer, | |
1652 | 6528 | purchaser information, an d any associated license pla te on the | |
1653 | 6529 | vehicle, pursuant to the requirements of Section 1112.2 of this | |
1654 | 6530 | title. No new decal shall be issued to the registrant for an | |
1655 | 6531 | existing license plate . Thereafter, the owner shall register the | |
1656 | 6532 | vehicle annually on the anniversary date of its initia l registration | |
1657 | 6533 | in this state and shall pay the fees provided in subsection A of | |
1658 | 6534 | this section and receive a decal evidencing such payment. Provided, | |
1659 | 6535 | used motor vehicle dealers shall be exempt from the provisions of | |
1660 | 6536 | this section. | |
1661 | - | ||
1662 | 6537 | F. In the event a new or u sed vehicle is not regist ered, | |
1663 | 6538 | titled, and tagged within thirty (30) days two (2) months from the | |
1664 | 6539 | date of transfer of ownership, the penalty for the failure of the | |
1665 | 6540 | owner of the vehicle to register the vehicle within thirty (30) days | |
1666 | - | ||
1667 | - | ENR. S. B. NO. 2035 Page 39 | |
1668 | 6541 | two (2) months shall be One Dollar ($1.00) per d ay, provided that in | |
1669 | 6542 | no event shall the penalty exceed One Hundred Dollars ($100.00). No | |
1670 | 6543 | penalty shall be waived by Service Oklahoma or any licensed operator | |
1671 | 6544 | except as provided in subsection C of Sectio n 1127 of this title. | |
1672 | 6545 | Of each dollar one-dollar penalty collected pursuant to this | |
1673 | 6546 | subsection: | |
1674 | - | ||
1675 | 6547 | 1. Twenty-one cents ($0.21) shall be apportioned as provided in | |
1676 | 6548 | Section 1104 of this title; | |
1677 | 6549 | ||
6550 | + | ENGR. S. B. NO. 2035 Page 56 1 | |
6551 | + | 2 | |
6552 | + | 3 | |
6553 | + | 4 | |
6554 | + | 5 | |
6555 | + | 6 | |
6556 | + | 7 | |
6557 | + | 8 | |
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6572 | + | 23 | |
6573 | + | 24 | |
6574 | + | ||
1678 | 6575 | 2. Twenty-one cents ($0.21) shall be retained by the licensed | |
1679 | 6576 | operator; and | |
1680 | - | ||
1681 | 6577 | 3. Fifty-eight cents ($0.58) shall be depo sited in the General | |
1682 | 6578 | 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 | |
1685 | 6580 | last amended by Section 1, Chapter 262, O.S.L. 2023 (47 O.S. Supp. | |
1686 | 6581 | 2023, Section 1137.1 ), is amended to read as fol lows: | |
1687 | - | ||
1688 | 6582 | Section 1137.1. A. Except for vehicles, travel trailers or | |
1689 | 6583 | commercial trailers which display a current Oklahoma license tag, | |
1690 | 6584 | upon the purchase or transfer of ownership of a used motor vehicle, | |
1691 | 6585 | travel trailer or commercial trailer, including an out -of-state | |
1692 | 6586 | purchase or transfer of the same, to a licensed used motor vehicle | |
1693 | 6587 | dealer, wholesale used motor vehicle dealer, used travel trailer | |
1694 | 6588 | dealer or used commercial trailer dealer, subsequently referred to | |
1695 | 6589 | in this section as “ dealer”, the dealer shall af fix a used dealer’s | |
1696 | 6590 | plate visible from the rear of the vehicle, travel trailer or | |
1697 | 6591 | commercial trailer. Such license plate shall expire on December 31 | |
1698 | 6592 | of each year. When the vehicle, travel trailer or commercial | |
1699 | 6593 | trailer is parked on the dealer’s licensed p lace of business, it | |
1700 | 6594 | shall not be required to have a license plate of any kind affixed. | |
1701 | 6595 | A dealer shall obtain from Service Oklahoma at a cost of Ten Dollars | |
1702 | 6596 | ($10.00) a dealer license plate for demonstrating, transporting or | |
1703 | 6597 | any other normal business of a dealer including use by a n individual | |
1704 | 6598 | holding a valid salesperson’s license issued by the Oklahoma Used | |
6599 | + | ||
6600 | + | ENGR. S. B. NO. 2035 Page 57 1 | |
6601 | + | 2 | |
6602 | + | 3 | |
6603 | + | 4 | |
6604 | + | 5 | |
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6624 | + | ||
1705 | 6625 | Motor Vehicle and Parts, Dismantler, and Manufactured Housing | |
1706 | 6626 | Commission. Any dealer who operates a wrecker or towing service | |
1707 | 6627 | licensed pursuant to Sect ions 951 through 957 of t his title shall | |
1708 | 6628 | register each wrecker vehicle and display a wrecker license plate on | |
1709 | 6629 | each vehicle as required by Section 1134.3 of this title. A dealer | |
1710 | - | ||
1711 | - | ENR. S. B. NO. 2035 Page 40 | |
1712 | 6630 | may obtain as many additional license plates as ma y be desired upon | |
1713 | 6631 | the payment of Ten Dollars ($10.00) for each additional license | |
1714 | 6632 | plate. Use of the used dealer license plate by a licensed dealer | |
1715 | 6633 | for other than the purposes as set forth herein shall constitute | |
1716 | 6634 | grounds for revocation of the dealer’s license. Service Oklahoma | |
1717 | 6635 | shall design the official used dealer license plate to include the | |
1718 | 6636 | used dealer’s license number issued to him or her each year by | |
1719 | 6637 | Service Oklahoma or the Oklahoma Used Motor Vehicle and Parts, | |
1720 | 6638 | Dismantler, and Manufactured Housing Commission. | |
1721 | - | ||
1722 | 6639 | B. Upon the purchase or transfer of ownersh ip of an out-of- | |
1723 | 6640 | state used motor vehicle, travel trailer or commercial trailer to a | |
1724 | 6641 | licensed dealer, the dealer shall make application for an Oklahoma | |
1725 | 6642 | certificate of title pursuant to the Oklahoma Vehicle License and | |
1726 | 6643 | Registration Act, Section 1101 et seq. of this title. Upon receipt | |
1727 | 6644 | of the Oklahoma certificate of title, the dealer shall follow the | |
1728 | 6645 | procedure as set forth in subsection A of this section. Provided, | |
1729 | 6646 | nothing in this title shall be construed as requiring a dealer to | |
1730 | 6647 | register a used motor vehicl e, travel trailer or commercial trailer | |
6648 | + | ||
6649 | + | ENGR. S. B. NO. 2035 Page 58 1 | |
6650 | + | 2 | |
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6672 | + | 24 | |
6673 | + | ||
1731 | 6674 | purchased in another state which will not be operated or sold in | |
1732 | 6675 | this state. | |
1733 | - | ||
1734 | 6676 | C. Upon sale or transfer of ownership of the used motor vehicle | |
1735 | 6677 | or travel trailer, the dealer shall place upon th e reassignment | |
1736 | 6678 | portion of the certificate of title a tax stamp issued by the county | |
1737 | 6679 | treasurer of the county in which the dealer has his or her primary | |
1738 | 6680 | place of business. The tax stamp shall be issued upon payment of a | |
1739 | 6681 | fee of Three Dollars and fifty cents ($3.50) and shall be in l ieu of | |
1740 | 6682 | the dealer’s ad valorem tax on the inventories of used motor | |
1741 | 6683 | vehicles or travel trailers but shall not relieve any other property | |
1742 | 6684 | of the dealer from ad valorem taxation. | |
1743 | - | ||
1744 | 6685 | D. Upon sale of a used motor vehicle or travel traile r to | |
1745 | 6686 | another licensed dea ler, the selling dealer shall place the tax | |
1746 | 6687 | stamp required in subsection C of this section upon the certificate | |
1747 | 6688 | of title. The used dealer license plate or wholesale dealer license | |
1748 | 6689 | plate shall be removed by the selling dealer. The purchasing dealer | |
1749 | 6690 | shall, at time of purchase, place his or her dealer license plate on | |
1750 | 6691 | the used motor vehicle, travel trailer or commercial trailer as | |
1751 | 6692 | provided in subsection A of this section; provided, for vehicles, | |
1752 | 6693 | travel trailers or commercial trailers purchased by a licensed used | |
1753 | 6694 | dealer at an auction, in lieu of such placement of the dealer | |
1754 | - | ||
1755 | - | ENR. S. B. NO. 2035 Page 41 | |
1756 | 6695 | license plate, the auction may provide temporary documentation as | |
1757 | 6696 | approved by the Director of the Motor Vehicle Division of Service | |
1758 | 6697 | Oklahoma for the purpose of tran sporting such vehicle to the | |
6698 | + | ||
6699 | + | ENGR. S. B. NO. 2035 Page 59 1 | |
6700 | + | 2 | |
6701 | + | 3 | |
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6723 | + | ||
1759 | 6724 | purchaser’s point of destination. Such temporary documentation | |
1760 | 6725 | shall be valid for two (2) days following the date of sale. | |
1761 | - | ||
1762 | 6726 | E. 1. The purchaser of every used motor vehicle, travel | |
1763 | 6727 | trailer, or commercial trailer, except as oth erwise provided by law, | |
1764 | 6728 | shall obtain registration and title for the vehicle or trailer | |
1765 | 6729 | within two (2) months from the date of purchase of same. It shall | |
1766 | 6730 | be the responsibility of the selling dealer to place a temporary | |
1767 | 6731 | license plate, in size similar to the permanent Oklahoma licen se | |
1768 | 6732 | plate but of a weatherproof plastic -impregnated substance ten-mil | |
1769 | 6733 | weatherproof plastic -impregnated paper approved by the Oklahoma Used | |
1770 | 6734 | Motor Vehicle and Parts, Dismantler, and Manufactured Housing | |
1771 | 6735 | Commission, upon a used motor v ehicle, travel trailer or commercial | |
1772 | 6736 | trailer when a transaction is completed for the sale of said such | |
1773 | 6737 | vehicle. Provided, upon a determination by the Commission that | |
1774 | 6738 | there exists a national shortage of ten -mil weatherproof plas tic- | |
1775 | 6739 | impregnated paper, eight -mil weatherproof plastic -impregnated paper | |
1776 | 6740 | may be approved by the Commission until it has been determined by | |
1777 | 6741 | the Commission the shortage has ended. The temporary license plate | |
1778 | 6742 | under this subsection shall be placed at the location provided for | |
1779 | 6743 | the permanent motor vehicle license plate. The temporary license | |
1780 | 6744 | plate shall show the license number which is issued to the dealer | |
1781 | 6745 | each year by Service Oklahoma or the Oklahoma Used Motor Vehicle and | |
1782 | 6746 | Parts, Dismantler, and Manufactured Ho using Commission, the date the | |
6747 | + | ||
6748 | + | ENGR. S. B. NO. 2035 Page 60 1 | |
6749 | + | 2 | |
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6771 | + | 24 | |
6772 | + | ||
1783 | 6773 | used motor vehicle, tr avel trailer or commercial trailer was | |
1784 | 6774 | purchased of expiration, and the company name of the selling dealer. | |
1785 | - | ||
1786 | 6775 | 2. The Oklahoma Used Motor Vehicle and Parts, Dismantler, and | |
1787 | 6776 | Manufactured Housing Commission is hereby directed to develo p the | |
1788 | 6777 | temporary license plate design to incorporate these requirements in | |
1789 | 6778 | a manner that will permit law enforcement personnel to readily | |
1790 | 6779 | identify the dealer license number and date of the vehicle purchase | |
1791 | 6780 | expiration. The Oklahoma Used Motor Vehicle and Parts, Dismantler, | |
1792 | 6781 | and Manufactured Housing Commission is hereby authorized to develop | |
1793 | 6782 | additional requirements and parameters as deemed appropriate to | |
1794 | 6783 | discourage or prevent illegal duplication and use of the temporary | |
1795 | 6784 | license plate. Such temporary license p late shall be valid for a | |
1796 | 6785 | period of two (2) months ten (10) days from the date of purchase. | |
1797 | 6786 | Use of the temporary license by a dealer for other than the purposes | |
1798 | - | ||
1799 | - | ENR. S. B. NO. 2035 Page 42 | |
1800 | 6787 | set forth herein shall constitute grounds for revocation of the | |
1801 | 6788 | dealer’s license to conduct bu siness. Purchasers of a commercial | |
1802 | 6789 | trailer shall affix the temporary license plate to the rear of the | |
1803 | 6790 | commercial trailer. The purchaser shall display the temporary | |
1804 | 6791 | license plate for a period not to exceed two (2) months ten (10) | |
1805 | 6792 | days or until registratio n and title are obtained as provided in | |
1806 | 6793 | this section. | |
1807 | - | ||
1808 | 6794 | 3. The provisions of this subsection on temporary licenses | |
1809 | 6795 | shall apply to nonresidents who purchase a used motor vehicle, | |
1810 | 6796 | travel trailer, or commercial trailer within this s tate that is to | |
6797 | + | ||
6798 | + | ENGR. S. B. NO. 2035 Page 61 1 | |
6799 | + | 2 | |
6800 | + | 3 | |
6801 | + | 4 | |
6802 | + | 5 | |
6803 | + | 6 | |
6804 | + | 7 | |
6805 | + | 8 | |
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6821 | + | 24 | |
6822 | + | ||
1811 | 6823 | be licensed in another state. The no nresident purchaser shall be | |
1812 | 6824 | allowed to operate the vehicle or trailer within the state with a | |
1813 | 6825 | 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. | |
1826 | 6831 | F. It shall be unlawful fo r any dealer to procure t he | |
1827 | 6832 | registration and licensing of any used motor vehicle, travel trailer | |
1828 | 6833 | or commercial trailer sold by the dealer or to act as the agent for | |
1829 | 6834 | the purchaser in the procurement of the registration and licensing | |
1830 | 6835 | of the purchaser’s used vehicle, travel trailer , or commercial | |
1831 | 6836 | trailer. A license of any dealer violating the provision of this | |
1832 | 6837 | section may be revoked. | |
1833 | - | ||
1834 | 6838 | G. Dealers following the procedure set forth herein shall not | |
1835 | 6839 | be required to register vehicles, tr avel trailers, or commercial | |
1836 | 6840 | trailers to which this s ection applies, nor will the registration | |
1837 | 6841 | fee otherwise required be assessed. Provided, dealers shall not | |
1838 | 6842 | purchase or trade for a used motor vehicle, travel trailer , or | |
1839 | 6843 | commercial trailer on which the registration therefor has bee n | |
1840 | 6844 | expired for a period ex ceeding two (2) months without obtaining | |
1841 | 6845 | current registration therefor. | |
1842 | 6846 | ||
1843 | - | ENR. S. B. NO. 2035 Page 43 | |
6847 | + | ENGR. S. B. NO. 2035 Page 62 1 | |
6848 | + | 2 | |
6849 | + | 3 | |
6850 | + | 4 | |
6851 | + | 5 | |
6852 | + | 6 | |
6853 | + | 7 | |
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6867 | + | 21 | |
6868 | + | 22 | |
6869 | + | 23 | |
6870 | + | 24 | |
1844 | 6871 | ||
1845 | 6872 | H. A nonprofit charitable organization which is exempt from | |
1846 | 6873 | taxation pursuant to the provisions of the Internal Revenue Code, 26 | |
1847 | 6874 | U.S.C., Section 501(c)(3), an d which accepts donations of used motor | |
1848 | 6875 | vehicles previously titled in Oklahoma to be subsequently | |
1849 | 6876 | transferred to another owner, upon the qualifying organization | |
1850 | 6877 | providing sufficient documentation of its tax -exempt status, may | |
1851 | 6878 | obtain from Service Oklahoma c haritable nonprofit organ ization | |
1852 | 6879 | license plates for demonstrating, transporting , or test-driving | |
1853 | 6880 | donated vehicles, provided that no organization shall possess or use | |
1854 | 6881 | at any one time more than eight such plates. Service Oklahoma shall | |
1855 | 6882 | design distinctive li cense plates for that pur pose. The cost for | |
1856 | 6883 | said such plates shall be the same as provided in subsection A of | |
1857 | 6884 | this section for dealer plates. | |
1858 | - | ||
1859 | 6885 | I. The transfer of ownership from the vehicle donor to the | |
1860 | 6886 | qualifying nonprofit organization described in subsec tion H of this | |
1861 | 6887 | section shall be made without the payment of motor vehicle excise | |
1862 | 6888 | tax levied pursuant to Section 2103 of Title 68 of the Oklahoma | |
1863 | 6889 | 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 | |
1866 | 6891 | amended by Section 1 71, Chapter 282, O.S.L. 2 022 (47 O.S. Supp. | |
1867 | 6892 | 2023, Section 1137.2), is amended to read as follows: | |
1868 | - | ||
1869 | 6893 | Section 1137.2. Service Oklahoma The Oklahoma New Motor Vehicle | |
1870 | 6894 | Commission and the Oklahoma Used Motor Vehicle, Dismantler, and | |
1871 | 6895 | Manufactured Housing Commissi on shall have the sole authority to | |
6896 | + | ||
6897 | + | ENGR. S. B. NO. 2035 Page 63 1 | |
6898 | + | 2 | |
6899 | + | 3 | |
6900 | + | 4 | |
6901 | + | 5 | |
6902 | + | 6 | |
6903 | + | 7 | |
6904 | + | 8 | |
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6920 | + | 24 | |
6921 | + | ||
1872 | 6922 | grant the power to issue the dealer license plate specified in | |
1873 | 6923 | subsection A of Section 1137.1 of this title to authorized temporary | |
1874 | - | license plate vendors, pursuant to the provisions of Section | |
6924 | + | license plate vendors, pursuant to the provisions of Section 1 of | |
1875 | 6925 | 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 | |
1878 | 6927 | last amended by Section 2, Chapter 262, O.S.L. 2023 (47 O.S. Supp. | |
1879 | 6928 | 2023, Section 1137.3), is amended to read as follows: | |
1880 | - | ||
1881 | 6929 | Section 1137.3. A. 1. The purchaser of every new motor | |
1882 | 6930 | vehicle, travel trailer, or commercial trailer powersports vehicle | |
1883 | 6931 | shall register or license the same within two (2) months from the | |
1884 | 6932 | 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 | + | ||
6947 | + | ENGR. S. B. NO. 2035 Page 64 1 | |
6948 | + | 2 | |
6949 | + | 3 | |
6950 | + | 4 | |
6951 | + | 5 | |
6952 | + | 6 | |
6953 | + | 7 | |
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6965 | + | 19 | |
6966 | + | 20 | |
6967 | + | 21 | |
6968 | + | 22 | |
6969 | + | 23 | |
6970 | + | 24 | |
6971 | + | ||
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. | |
1915 | 6985 | 2. The Oklahoma New Motor Vehicle Commission is hereby directed | |
1916 | 6986 | to develop a temporary license plate design to incorporate these | |
1917 | 6987 | requirements in a manner that will permit law enf orcement personnel | |
1918 | 6988 | to readily identify the dealer license number and date of the | |
1919 | 6989 | vehicle purchase expiration. The Oklahoma New Motor Vehicle | |
1920 | 6990 | Commission is further authorized to develop additional requirements | |
1921 | 6991 | and parameters designed to discourage or preve nt illegal duplication | |
1922 | 6992 | and use of the temporary license plate. On or before two (2) months | |
1923 | 6993 | ten (10) days from the date of purchase of a new motor vehicle, | |
1924 | 6994 | travel trailer, or commercial trailer powersports vehicle, said the | |
1925 | 6995 | temporary license plate shall be removed and replaced wit h a | |
6996 | + | ||
6997 | + | ENGR. S. B. NO. 2035 Page 65 1 | |
6998 | + | 2 | |
6999 | + | 3 | |
7000 | + | 4 | |
7001 | + | 5 | |
7002 | + | 6 | |
7003 | + | 7 | |
7004 | + | 8 | |
7005 | + | 9 | |
7006 | + | 10 | |
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7008 | + | 12 | |
7009 | + | 13 | |
7010 | + | 14 | |
7011 | + | 15 | |
7012 | + | 16 | |
7013 | + | 17 | |
7014 | + | 18 | |
7015 | + | 19 | |
7016 | + | 20 | |
7017 | + | 21 | |
7018 | + | 22 | |
7019 | + | 23 | |
7020 | + | 24 | |
7021 | + | ||
1926 | 7022 | permanent, current Oklahoma license plate. Use of said such | |
1927 | 7023 | temporary license plate by a licensed dealer for other than the | |
1928 | 7024 | purpose of normally doing business shall constitute grounds for | |
1929 | 7025 | revocation of the dealer’s license. | |
1930 | - | ||
1931 | - | ENR. S. B. NO. 2035 Page 45 | |
1932 | - | ||
1933 | 7026 | B. It shall be unlawful fo r any licensed dealer of new motor | |
1934 | 7027 | vehicles, travel trailers , or commercial trailers powersports | |
1935 | 7028 | vehicle to procure the registration and licensing of any new motor | |
1936 | 7029 | vehicle, travel trailer , or commercial trailer powersports vehicle | |
1937 | 7030 | sold by such the licensed dealer or to act as the agent for such the | |
1938 | 7031 | purchaser in the procurement of said the registration and licensing. | |
1939 | 7032 | The license of any licensed dealer of new motor vehicles, travel | |
1940 | 7033 | trailers, or commercial trailers powersports vehicle violating the | |
1941 | 7034 | 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 | |
1944 | 7036 | last amended by Section 13, Chapter 47, 1st Extraordinary Session, | |
1945 | 7037 | O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1) , is amended to read | |
1946 | 7038 | as follows: | |
1947 | - | ||
1948 | 7039 | Section 1141.1. A. Each licensed operator shall be entitled to | |
1949 | 7040 | retain the following amounts from the taxes and fees collected by | |
1950 | 7041 | such licensed operator to be used to fund the operation of the | |
1951 | 7042 | office of such licensed opera tor subject to the provis ions of | |
1952 | 7043 | Sections 1140 through 1147 of this title: | |
1953 | 7044 | ||
7045 | + | ENGR. S. B. NO. 2035 Page 66 1 | |
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7069 | + | ||
1954 | 7070 | 1. Beginning July 1, 2006, through June 30, 2023, Three Dollars | |
1955 | 7071 | and fifty-six cents ($3.56) for each vehicle registered pursuant to | |
1956 | 7072 | the Oklahoma Vehicle License and Registration Ac t; | |
1957 | - | ||
1958 | 7073 | 2. Beginning on or af ter January 1, 2022, through June 30, | |
1959 | 7074 | 2023, if a special or personalized license plate is issued pursuant | |
1960 | 7075 | to Sections 1135.1 through 1135.7 of this title and remittance is | |
1961 | 7076 | combined with the registration required pursuant to Section 1132 of | |
1962 | 7077 | this title, Seven Dollars and twelve cents ($7.12). Beginning July | |
1963 | 7078 | 1, 2023, through June 30, 2025, Three Dollars and fifty -six cents | |
1964 | 7079 | ($3.56) for each special license plate issued pursuant to Sections | |
1965 | 7080 | 1135.1 through Section 1135.7 of this title; | |
1966 | - | ||
1967 | 7081 | 3. One Dollar and twenty -five cents ($1.25) for each | |
1968 | 7082 | certificate of title issued for boats and motors pursuant to the | |
1969 | 7083 | Oklahoma Statutes; | |
1970 | - | ||
1971 | 7084 | 4. For each certificate of registration issued for boats and | |
1972 | 7085 | motors pursuant to the Oklaho ma Statutes, an amount deter mined | |
1973 | 7086 | pursuant to the provisions of subsection B of this section; | |
1974 | - | ||
1975 | - | ENR. S. B. NO. 2035 Page 46 | |
1976 | - | ||
1977 | 7087 | 5. Two Dollars and twenty -five cents ($2.25) for each | |
1978 | 7088 | certificate of title issued pursuant to the Oklahoma Vehicle License | |
1979 | 7089 | and Registration Act. Provided, the fee retention amount for | |
1980 | 7090 | certificates of title issued pursuant to the provisions of | |
1981 | 7091 | subsection H of Section 1105 of this title, in which an insurer pays | |
1982 | 7092 | the optional twenty-two-dollar-fee amount, is Four Dollars and fifty | |
1983 | 7093 | cents ($4.50); | |
1984 | 7094 | ||
7095 | + | ENGR. S. B. NO. 2035 Page 67 1 | |
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7119 | + | ||
1985 | 7120 | 6. Beginning July 1 , 2002, through June 30, 202 3, each licensed | |
1986 | 7121 | operator shall be entitled to retain three and twenty -five one- | |
1987 | 7122 | hundredths percent (3.25%) of the vehicle excise tax collected | |
1988 | 7123 | pursuant to Section 2103 of Title 68 of the Oklahoma Statutes; | |
1989 | - | ||
1990 | 7124 | 7. Four percent (4%) of the excise tax collected on the | |
1991 | 7125 | transfer of boats and motors pursuant to the Oklahoma Statutes | |
1992 | 7126 | through June 30, 2025; | |
1993 | - | ||
1994 | 7127 | 8. Two Dollars ($2.00) for each driver license, endorsement, | |
1995 | 7128 | identification license, or renewal or duplicate issued pursuant to | |
1996 | 7129 | Section 6-101 et seq. of this titl e through June 30, 2023; | |
1997 | - | ||
1998 | 7130 | 9. Two Dollars ($2.00) for the recording of security interests | |
1999 | 7131 | as provided in Section 1110 of this title; | |
2000 | - | ||
2001 | 7132 | 10. Two Dollars ($2.00) for each inspection conducted pursuant | |
2002 | 7133 | to subsection L of Section 1105 of this title; | |
2003 | - | ||
2004 | 7134 | 11. Three Dollars ($3.00) for each in spection conducted | |
2005 | 7135 | pursuant to subsection M of Section 1105 of this title; | |
2006 | - | ||
2007 | 7136 | 12. One Dollar ($1.00) for each certificate of ownership filed | |
2008 | 7137 | pursuant to subsection R of Section 1105 of this title; | |
2009 | - | ||
2010 | 7138 | 13. One Dollar ($1.00) for each tem porary permit issued | |
2011 | 7139 | pursuant to Section 1124 of this title; | |
2012 | - | ||
2013 | 7140 | 14. One Dollar and fifty cents ($1.50) for processing each | |
2014 | 7141 | proof of financial responsibility, driver license information, | |
2015 | 7142 | insurance verification information, and other additional information | |
2016 | 7143 | as provided in Section 7 -602 of this title; | |
2017 | 7144 | ||
2018 | - | ||
2019 | - | ENR. S. B. NO. 2035 Page 47 | |
7145 | + | ENGR. S. B. NO. 2035 Page 68 1 | |
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7169 | + | ||
2020 | 7170 | 15. The mailing fees and registration fees provided in Sections | |
2021 | 7171 | 1131 and 1140 of this title; | |
2022 | - | ||
2023 | 7172 | 16. The notary fee provided in Section 1143 of this title; | |
2024 | - | ||
2025 | 7173 | 17. Three Dollars ($3.00) for ea ch lien entry form completed | |
2026 | 7174 | and recorded on a certif icate of title pursuant to subsection G of | |
2027 | 7175 | Section 1105 of this title; | |
2028 | - | ||
2029 | 7176 | 18. Seven Dollars ($7.00) for each notice of transfer as | |
2030 | 7177 | provided by subsection B of Section 1107.4 of this title; | |
2031 | - | ||
2032 | 7178 | 19. Seven Dollars ($7.00) for each certific ate of title or each | |
2033 | 7179 | certificate of registration issued for repossessed vehicles pursuant | |
2034 | 7180 | to Section 1126 of this title; | |
2035 | - | ||
2036 | 7181 | 20. Any amount specifically authorized by law to be retained by | |
2037 | 7182 | the licensed operator for the furnishing o f a summary of a traffic | |
2038 | 7183 | record; | |
2039 | - | ||
2040 | 7184 | 21. Beginning July 1, 2009, and through June 30, 2023, each | |
2041 | 7185 | licensed operator shall also be entitled to a portion of the | |
2042 | 7186 | penalties for delinquent registration or payment of excise tax as | |
2043 | 7187 | provided for in subsection C of Section 1115, subsection F of | |
2044 | 7188 | Section 1132 and subsectio n C of Section 1151 of this title and of | |
2045 | 7189 | subsection A of Section 2103 of Title 68 of the Oklahoma Statutes; | |
2046 | - | ||
2047 | 7190 | 22. Beginning January 1, 2023, each licensed operator shall be | |
2048 | 7191 | entitled to retain Three Dollar s and fifty-six cents ($3.56) for | |
2049 | 7192 | each electric vehicle registered pursuant to the provisions of this | |
2050 | 7193 | act and such amount shall be in addition to any other amount | |
7194 | + | ||
7195 | + | ENGR. S. B. NO. 2035 Page 69 1 | |
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7219 | + | ||
2051 | 7220 | otherwise authorized by this section to be retained with respect to | |
2052 | 7221 | a vehicle though June 30, 2025; and | |
2053 | - | ||
2054 | 7222 | 23. Beginning January 1, 2023, and through June 30, 2023, each | |
2055 | 7223 | licensed operator shall be entitled to retain three and twenty -five | |
2056 | 7224 | hundredths percent (3.25%) of the vehicle excise tax collected | |
2057 | 7225 | pursuant to Section 2103 of Title 68 of the Oklaho ma Statutes for | |
2058 | 7226 | each electric vehicle but such amount shall not be in addition to | |
2059 | 7227 | any other amount otherwise authorized by this section to be retained | |
2060 | 7228 | with respect to a vehicle ; and | |
2061 | - | ||
2062 | - | ||
2063 | - | ENR. S. B. NO. 2035 Page 48 | |
2064 | 7229 | 24. Upon the effective date of this act, Service Oklahoma is | |
2065 | 7230 | authorized to set the licensed operator compensation pursuant to | |
2066 | 7231 | Section 3-103 of this title for processing the documentation | |
2067 | 7232 | submitted and issuing the license plate and/or decal pursuant to | |
2068 | 7233 | this subsection. | |
2069 | - | ||
2070 | 7234 | The balance of the funds collected shall be remitted to Serv ice | |
2071 | 7235 | Oklahoma as provided in Section 1142 of this titl e to be apportioned | |
2072 | 7236 | pursuant to Section 1104 of this title. | |
2073 | - | ||
2074 | 7237 | B. Through June 30, 2025, for each certificate of registration | |
2075 | 7238 | issued for boats and motors, each licensed operator shall be | |
2076 | 7239 | entitled to retain the greater of One Dollar a nd twenty-five cents | |
2077 | 7240 | ($1.25) or an amount to be determined by Service Oklahoma according | |
2078 | 7241 | to the provisions of this subsection. At the end of fiscal year | |
2079 | 7242 | 1997 and each fiscal year thereafter, Service Oklahoma shall compute | |
2080 | 7243 | the average amount of registratio n fees for all boats and motors | |
7244 | + | ||
7245 | + | ENGR. S. B. NO. 2035 Page 70 1 | |
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7269 | + | ||
2081 | 7270 | registered in this state during the fiscal year and shall multiply | |
2082 | 7271 | the result by six and twenty -two one-hundredths percent (6.22%). | |
2083 | 7272 | The resulting product shall be the amount which may be retained by | |
2084 | 7273 | each licensed operator f or each certificate of re gistration for | |
2085 | 7274 | boats and motors issued during the following calendar year. | |
2086 | - | ||
2087 | 7275 | C. When an application for registration is made with Service | |
2088 | 7276 | Oklahoma, the Corporation Commission or a licensed operator, a | |
2089 | 7277 | registration fee of One Dollar and seventy-five cents ($1.75) shall | |
2090 | 7278 | be collected for each license plate or decal issued. Such fees | |
2091 | 7279 | shall be in addition to the registration fees on motor vehicles and | |
2092 | 7280 | when an application for registration is made to the licensed | |
2093 | 7281 | operator such licensed ope rator shall retain a fee as provided in | |
2094 | 7282 | Section 1141.1 of this title through June 30, 2023. Beginning July | |
2095 | 7283 | 1, 2023, the fee shall be retained by the licensed operator pursuant | |
2096 | 7284 | to subsection E of Section 1141.1 of this title. W hen the fee is | |
2097 | 7285 | paid by a person making application di rectly with Service Oklahoma | |
2098 | 7286 | or the Corporation Commission, as applicable, the registration fees | |
2099 | 7287 | shall be in the same amount as provided for licensed operators and | |
2100 | 7288 | the fee provided by this section shall be deposited in the Service | |
2101 | 7289 | Oklahoma Revolving Fund o r as provided in Section 1167 of this | |
2102 | 7290 | title, as applicable. Service Oklahoma shall prepare schedules of | |
2103 | 7291 | registration fees and charges for titles, which shall include the | |
2104 | 7292 | fees for licensed operators, and all fees and charges paid b y a | |
2105 | 7293 | person shall be liste d separately on the application and | |
2106 | 7294 | ||
2107 | - | ENR. S. B. NO. 2035 Page 49 | |
7295 | + | ENGR. S. B. NO. 2035 Page 71 1 | |
7296 | + | 2 | |
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7298 | + | 4 | |
7299 | + | 5 | |
7300 | + | 6 | |
7301 | + | 7 | |
7302 | + | 8 | |
7303 | + | 9 | |
7304 | + | 10 | |
7305 | + | 11 | |
7306 | + | 12 | |
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7308 | + | 14 | |
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7319 | + | ||
2108 | 7320 | registration and totaled on the application and registration. The | |
2109 | 7321 | licensed operators shall charge only such fees as are specifically | |
2110 | 7322 | provided for by law, and all such authorized fees shall be po sted in | |
2111 | 7323 | such a manner that any person shall have notice of all fees that are | |
2112 | 7324 | imposed by law. | |
2113 | - | ||
2114 | 7325 | D. Unless otherwise provided, beginning July 1, 2025, the | |
2115 | 7326 | provisions related to the reimbursement, retention, apportionment, | |
2116 | 7327 | or distribution of funds to or by lic ensed operators as outlin ed in | |
2117 | 7328 | this section shall be retained by the licensed operator pursuant to | |
2118 | 7329 | Subsection subsection E of this section. | |
2119 | - | ||
2120 | 7330 | E. Beginning July 1, 2023, unless otherwise provided, licensed | |
2121 | 7331 | operators operator compensation shall be fixed by Se rvice Oklahoma | |
2122 | 7332 | pursuant to Section 3-103 of this title. | |
2123 | - | ||
2124 | 7333 | 1. For fiscal year beginning July 1, 2023, through the fiscal | |
2125 | 7334 | year ending on June 30, 2025: | |
2126 | - | ||
2127 | 7335 | a. licensed operators shall be entitled to retain | |
2128 | 7336 | nineteen percent (19%) of all fees collected related | |
2129 | 7337 | to registrations provided by the Oklahoma Vehicle | |
2130 | 7338 | License and Registration Act, pursuant to subsection A | |
2131 | 7339 | of Section 1132 of this title, subsection A of Section | |
2132 | 7340 | 1132.1 of this title, subsection A of Section 1132.4 | |
2133 | 7341 | of this title, and subsection H of 1140 of this title, | |
2134 | 7342 | and | |
2135 | 7343 | ||
7344 | + | ENGR. S. B. NO. 2035 Page 72 1 | |
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7368 | + | ||
2136 | 7369 | b. licensed operators shall be entitled to retain forty | |
2137 | 7370 | percent (40%) of all fees collected related to the | |
2138 | 7371 | issuance of Class A, Class B, Class C, and Class D | |
2139 | 7372 | driver licenses, permits, and identification cards, | |
2140 | 7373 | including REAL ID Compliant and RE AL ID Noncompliant | |
2141 | 7374 | credentials, pursuant to Section 6 -101 et seq. of this | |
2142 | 7375 | title. | |
2143 | - | ||
2144 | 7376 | 2. All other fees directed by this section shall default back | |
2145 | 7377 | 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. | |
2152 | 7380 | ||
2153 | 7381 | ||
2154 | 7382 | ||
2155 | 7383 | Presiding Officer of the Senate | |
2156 | 7384 | ||
2157 | 7385 | ||
2158 | - | Passed the House of Representatives the 23rd day of April, 2024. | |
7386 | + | Passed the House of Representatives the ____ day of __________, | |
7387 | + | 2024. | |
2159 | 7388 | ||
2160 | 7389 | ||
2161 | 7390 | ||
2162 | 7391 | Presiding Officer of the House | |
2163 | 7392 | of Representatives | |
2164 | 7393 | ||
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 | + |