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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2713 By: Ford of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 1115.1, which relates to seizure of
vehicles not bearing or displaying proper license
plate; modifying certain time frame; providing for
mandatory seizure of certain vehicles; amending 47
O.S. 2021, Section 1132, as last amended by Section
10, Chapter 236, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 1132), which relates to vehicle registration
fees; modifying penalty for certain late payment;
modifying distribution amounts of certain collected
penalties; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1115.1, is
amended to read as follows:
Section 1115.1. In addition to the penalties provided in th e
Oklahoma Vehicle License and Registration Act, after ninety (90)
sixty (60) days from the expiration date for annual registration of
a vehicle or the transfer or change of ownership of a vehicle , the
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Corporation Commission, Department of Public Safety, c ounty
sheriffs, and all other duly authorized peace officers of this state
may seize and take into custody every vehicle owned within this
state not bearing or displaying a proper license plate required by
the Oklahoma Vehicle License and Registration Act. The vehicle
shall not be released to the owner until it is duly registered and
the license, registration, or title fee and penalties due are paid
in full, proof of security or an affidavit that the vehicle will not
be used on public highways or public st reets, as required pursuant
to Section 7-600 et seq. of this title, is furnished, and the cost
of seizure, including the reasonable cost of taking the vehicle into
custody and storing the vehicle, have been paid. In the event the
owner of any vehicle seiz ed fails to pay such fees and penalties
due, together with cost of seizure and storage, and fails to provide
proof of security or an affidavit that the vehicle will not be used
on public highways or public streets, the Office of Management and
Enterprise Services shall proceed to sell the vehicle by posting not
fewer than five notices of sale in five different public places in
the county where the vehicle is located, one of such notices to be
posted at the place where the vehicle is stored. A copy of the
notice shall also be sent by certified mail, restricted delivery,
with return receipt requested, to the last -known address of the
registered owner of the vehicle. The vehicle shall be sold at such
sale subject to the following terms and conditions:
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1. In the event the sale price is equal to, or greater than,
the total costs of sale, seizure and the fee and penalty, the
purchaser shall be issued a certificate of purchase, license plate,
manufactured home registration receipt and decal and registration
certificate;
2. In the event the sale price is less than the total costs of
sale, seizure, and the fee and penalty, the vehicle shall be sold as
junk to the highest bidder, whereupon the bidder shall receive a
certificate of purchase; and if the vehicle be dis mantled, the
record to the junked vehicle shall be canceled. If not dismantled,
the vehicle shall be immediately registered; and
3. Any residual amount remaining unclaimed by the delinquent
owner shall be administered in accordance with the Uniform Uncla imed
Property Act.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 1132, as
last amended by Section 10, Chapter 236, O.S.L. 2024 (47 O.S. Supp.
2024, Section 1132), is amended to read as follows:
Section 1132. A. For all vehicles, u nless otherwise
specifically provided by the Oklahoma Vehicle License and
Registration Act, a registration fee shall be assessed at the time
of initial registration by the owner and annually thereafter, for
the use of the avenues of public access within th is state in the
following amounts:
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1. For the first through the fourth year of registration in
this state or any other state, Eighty -five Dollars ($85.00);
2. For the fifth through the eighth year of registration in
this state or any other state, Seventy -five Dollars ($75.00);
3. For the ninth through the twelfth year of registration in
this state or any other state, Fifty -five Dollars ($55.00);
4. For the thirteenth through the sixteenth year of
registration in this state or any other state, Thirty -five Dollars
($35.00); and
5. For the seventeenth and any following year of registration
in this state or any other state, Fifteen Dollars ($15.00).
The registration fee provided for in this subsection shall be in
lieu of all other taxes, general or local, u nless otherwise
specifically provided.
On and after January 1, 2022, if a physically disabled license
plate is issued pursuant to paragraph 3 of subsection B of Section
1135.1 of this title, any registration fee required for such license
plate and the fee required pursuant to this subsection shall be
remitted at the same time and subject to a single registration
period. Upon receipt of a physically disabled license plate, the
standard-issue license plate must be surrendered to Service Oklahoma
or the licensed operator. The physically disabled license plate
must be properly displayed as required for a standard -issue license
plate and will be the sole license plate issued and assigned to the
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vehicle. Service Oklahoma shall determine, by rule, a method for
making required fee adjustments when a physically disabled license
plate is obtained during a twelve -month period for which a
registration fee has already been remitted pursuant to this
subsection. The combination of fees in a single remittance shall
not alter the apportionment otherwise provided for by law.
B. For all-terrain vehicles and motorcycles used exclusively
for use off roads or highways purchased on or after July 1, 2005,
and for all-terrain vehicles and motorcycles used exclusively for
use off roads or highways purchased prior to July 1, 2005, which the
owner chooses to register pursuant to the provisions of Section
1115.3 of this title, an initial and nonrecurring registration fee
of Eleven Dollars ($11.00) shall be assessed at the time of init ial
registration by the owner. Nine Dollars ($9.00) of the registration
fee shall be deposited in the Tax Commission Reimbursement Fund
through December 31, 2022, and beginning January 1, 2023, this fee
shall be deposited in the Service Oklahoma Reimburse ment Fund. Two
Dollars ($2.00) of the registration fee shall be retained by the
licensed operator. The fees required by subsection A of this
section shall not be required for all -terrain vehicles or
motorcycles used exclusively off roads and highways.
C. For utility vehicles used exclusively for use off roads or
highways purchased on or after July 1, 2008, and for utility
vehicles used exclusively for use off roads or highways purchased
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prior to July 1, 2008, which the owner chooses to register pursuant
to the provisions of Section 1115.3 of this title, an initial and
nonrecurring registration fee of Eleven Dollars ($11.00) shall be
assessed at the time of initial registration by the owner. Nine
Dollars ($9.00) of the registration fee shall be deposited in the
Tax Commission Reimbursement Fund through December 31, 2022, and
beginning January 1, 2023, this fee shall be deposited in the
Service Oklahoma Reimbursement Fund. Two Dollars ($2.00) of the
registration fee shall be retained by the licensed operat or. The
fees required by subsection A of this section shall not be required
for utility vehicles used exclusively off roads and highways.
D. There shall be a credit allowed with respect to the fee for
registration of a new vehicle which is a replacement for:
1. A new original vehicle which is stolen from the
purchaser/registrant within ninety (90) days of the date of purchase
of the original vehicle as certified by a police report or other
documentation as required by Service Oklahoma; or
2. A defective new original vehicle returned by the
purchaser/registrant to the seller within six (6) months of the date
of purchase of the defective new original vehicle as certified by
the manufacturer.
The credit shall be in the amount of the fee for registration
which was paid for the new original vehicle and shall be applied to
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the registration fee for the replacement vehicle. In no event will
the credit be refunded.
E. Upon every transfer or change of ownership of a vehicle, the
new owner shall obtain title for a nd, except in the case of salvage
vehicles and manufactured homes, register the vehicle within two (2)
months of change of ownership and pay a transfer fee of Fifteen
Dollars ($15.00) in addition to any other fees provided for in the
Oklahoma Vehicle Licen se and Registration Act. Additionally, within
two (2) business days of the date of the sale or transfer of the
motor vehicle, the parties must submit the requisite documentation
to Service Oklahoma or a licensed operator identifying the motor
vehicle subject to the sale or transfer, purchaser information, and
any associated license plate on the vehicle, pursuant to the
requirements of Section 1112.2 of this title. No new decal shall be
issued to the registrant for an existing license plate. Thereafter,
the owner shall register the vehicle annually on the anniversary
date of its initial registration in this state and shall pay the
fees provided in subsection A of this section and receive a decal
evidencing such payment. Provided, used motor vehicle dealer s shall
be exempt from the provisions of this section.
F. In the event a new or used vehicle is not registered,
titled, and tagged within two (2) months from the date of transfer
of ownership, the penalty for the failure of the owner of the
vehicle to register the vehicle within two (2) months shall be One
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Dollar ($1.00) per day, provided that in no event shall the penalty
exceed One Hundred Dollars ($100.00) One Hundred Dollars ($100.00).
An additional penalty of One Hundred Dollars ($100.00) shall be
assessed for each period of thirty (30) days following the first
assessed penalty until the vehicle is registered, provided that in
no event shall the penalty exceed Three Hundred Dollars ($300.00) .
No penalty shall be waived by Service Oklahoma or any lice nsed
operator except as provided in subsection C of Section 1127 of this
title. Of each one-dollar penalty the total penalty collected
pursuant to this subsection:
1. Twenty-one cents ($0.21) Five Dollars ($5.00) shall be
apportioned as provided in Secti on 1104 of this title;
2. Twenty-one cents ($0.21) Five Dollars ($5.00) shall be
retained by the licensed operator; and
3. Fifty-eight cents ($0.58) All remaining funds shall be
deposited in the General Revenue Fund.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COM MITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 03/04/2025 - DO PASS, As Amended and Coauthored.