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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 368 By: Guthrie
AS INTRODUCED
An Act relating to the Oklahoma Vessel and Motor
Registration Act; amending 63 O.S. 2021, Section
4002, as amended by Section 199, Chapt er 282, O.S.L.
2022 (63 O.S. Supp. 2024, Section 4002), which
relates to definitions; modifying certain definition;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 4002, as
amended by Section 199, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2024, Section 4002), is amended to read as follows:
Section 4002. As used in the Oklahoma Vessel and Motor
Registration Act:
1. “Boat livery” means a business establishment engaged in
renting or hiring out vessels for profit;
2. “Canoe” means a light narrow vessel with both ends typically
tapered to a sharp point which is propelled solely by its occupants,
using a single-bladed paddle as a lever without the aid of a fulcrum
provided by oarlocks, thole pins, crutches, or similar arrangements;
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3. “Certificate of documentation ” means a document issued by
the United States Coast Guard which is legal proof of ownership of a
vessel;
4. “Certificate of registration ” means a document which is
legal proof of registration of a vessel or motor;
5. “Certificate of title ” means a document which is proof of
legal ownership of a vessel and/or or motor;
6. “Service Oklahoma” means:
a. Service Oklahoma, or
b. the equivalent vessel registration and licensing
agency of a federally recognized Indian tribe in this
state;
7. “Dealer” means any person engaged in the business of
selling, trading, renting with option to purchase, or attempting to
negotiate or negotiating sales or exchanges of interests in new or
used vessels or motors, or new and used vessels or motors, or any
combination thereof;
8. “Dealer agreement” means the agreement, authorization , or
written contract between a manufacturer and distributor and a new
vessel dealer which purports to establish the legal rights and
obligations of the parties to the agreement, authorization , or
written contract with regard to the purchase and sale of new vessels
or new motors;
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9. “Designated successor” means one or more persons nominated
by the new vessel dealer, in a written document filed by the dealer
with the manufacturer or distributor at the time the dealer
agreement is executed, to succeed the dealer in the event of the
dealer’s death or incapacity. If a designated successor is not able
to succeed the new vessel dea ler because of the designated
successor’s death or legal incapacity, the dealer shall execute a
new document nominating a designated successor within sixty (60)
calendar days after the date of the death or incapacity;
10. “Distributor” means a person, resident or nonresident, who
in whole or in part offers for sale, sells, or distributes a new
vessel or new motor to a new vessel dealer or who maintains a
factory representative, r esident or nonresident, or who controls a
person, resident or nonresident, who in whole or in part offers for
sale, sells, or distributes a new vessel or new motor to a new
vessel dealer;
11. “Distributor branch” means a branch office similarly
maintained by a distributor or wholesaler for the same purposes a
factory branch is maintained;
12. “Distributor representative ” means any person, firm,
association, corporation , or trust and each officer and employee
thereof engaged as a representative of a distri butor or distributor
branch of vessels or motors, for the purpose of making or promoting
the sale of his or, her, its, or their vessels or motors, or for
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supervising or contacting his , her, its, or their dealers or
prospective dealers;
13. “Documented vessel” means any vessel in this state which
shall have and carry on board the original certificate of
documentation in legible form as issued by the United States Coast
Guard or federal agency successor thereto. All documented vessels
shall be required to d isplay a current State of Oklahoma annual
registration decal;
14. “Factory branch” means a branch office maintained by a
person, firm, association, corporation , or trust who manufactures or
assembles vessels or motors for the sale of vessels or motors to
distributors, or for the sale of vessels or motors to dealers, or
for directing or supervising, in whole or in part, its
representatives;
15. “Factory representative ” means any person, firm,
association, corporation , or trust and each officer and employee
thereof engaged as a representative of a manufacturer of vessels or
motors or by a factory branch, for the purpose of making or
promoting the sale of his, her, its , or their vessels or motors, or
for supervising or contacting his, her, its, or their dealers or
prospective dealers;
16. “Hull identification number ” means the serial number
affixed to the outside of the hull of a vessel on the upper
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starboard side (right) corner of the transom (back wall) which is
assigned by the manufacturer or Service Oklah oma;
17. “Inboard motor” means an internal combustion engine mounted
inside a vessel which provides the transfer of power to move a
vessel through the water;
18. “Inboard/outboard motor ” means an internal combustion
engine mounted inside a vessel and an external stern drive attached
through the transom of the vessel providing the transfer of power to
move the vessel through the water;
19. “John boat” “Johnboat” means a narrow, flat -bottomed
square-ended vessel propelled by a pole, paddle , or a motor of less
than ten (10) horsepower;
20. “Kayak” means a light, narrow vessel with b oth ends
typically tapered to a sharp point and propelled by double-bladed
paddles as a lever without the aid of a fulcrum provided by
oarlocks, thole pins, crutches or similar a rrangements by human
muscular effort by one or more individuals seated inside or on top
of the vessel and facing the direction of travel using double-bladed
paddles, hand cranks, or pedals;
21. “Kiteboard” means a vessel, similar in appearance to a
surfboard, with or without foot straps or bindings, combined with a
large controllable kite to propel the rider and board across the
water;
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22. “Lifeboat” means a vessel carried on another vessel in
excess of sixty-five (65) feet for use if such other vessel ha s to
be abandoned;
23. “Manufacturer” means a person who manufactures or assembles
new vessels or new motors, or a distributor, factory branch, or
factory representative;
24. “Motor” means any internal combustion engine mounted at the
stern of a vessel or placed inside a vessel which provides the
transfer of power to move the vess el through the water;
25. “New vessel dealer” means a person who holds a dealer
agreement granted by a manufacturer or distributor for the sale of
the manufacturer’s or distributor’s vessels or motors, who is
engaged in the business of purchasing, selling, exchanging, or
dealing in new vessels or new motors, and who has an established
place of business;
26. “Operate” means to navigate or be in actual physical
control of a vessel or otherwise use a vessel or motor;
27. “Outboard motor” means an internal combustion engine
capable of being externally mounted at the stern of a vessel which
provides the transfer of power to move a vessel through the water;
28. “Owner” means a person, other than a lienholder, having a
property interest in or title to a vessel or motor. The term
includes a person entitled to the use or possession of a vessel or
motor subject to an interest in another person, reserved or created
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by agreement and securi ng payment or performance of an obligation,
but the term excludes a lessee und er a lease not intended as
security;
29. “Paddleboard” means a vessel, similar in appearance to a
surfboard, intended to be propelled only by its occupants using a
single- or double-bladed paddle as a lever without the aid of a
fulcrum provided by oarlocks, thole pins, crutches , or similar
arrangements;
30. “Paddleboat” means a vessel less than eight (8) feet in
length designed to be propelled solely by human power through a
belt, chain, or gears;
31. “Permanent number” means the distinctive and unique n umber
which:
a. Service Oklahoma permanently assigns to a vessel,
irrespective of any change of ownership of said the
vessel. The permanent number shall begin with the
letters “OK”, followed by four numerals, and then
followed by two letters, or
b. any federally recognized Indian tribe in this state
assigns to a vessel;
provided, the number is configured as prescribed in 33 C.F.R., Parts
173 and 174;
32. “Person” means a natural person, partnership, corporation,
association, trust, estate , or other legal entity;
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33. “Proposed new vessel dealer ” means a person who has an
application pending for a new dealer agreement with a manufacturer
or distributor. Proposed new vessel dealer does not include a
person whose dealer agreement is being renewed or continued;
34. “Purchase date” means the purchase date on a bill of sale
or the date of complete assignment of title by the current owner;
35. “Sailboard” means a vessel, similar in ap pearance to a
surfboard, equipped with a swivel -mounted mast and sail not secu red
to a hull by guys or stays;
36. “State” means the State of Oklahoma ;
37. “State of principal use ” means the state where the vessel
or motor is used, is to be used, or remai ns for any period in excess
of sixty (60) calendar days;
38. “Vessel” means every device, other than a seaplane on the
water, used or capable of being used as a means of transportation on
water;
39. “Waters of this state ” means and includes all waters wi thin
the territorial limits of this state; provided, such phrase shall
not mean or include waters which are entirely owned by a private
person or persons, and to which the public is not permitted access;
and
40. “Water-thrust device” means a device tether ed to the water
jet mechanism of a vessel in a manner so that the water jet of the
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powering vessel provides propulsion for the attached device. Such
devices shall be considered a component of the powering vessel.
SECTION 2. This act shall become effective November 1, 2025.
60-1-1230 MSBB 1/6/2025 9:22:59 AM