LICENSE PLATES
OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session
2024 Okla. Sess. Law Serv. Ch. 236 (S.B. 2035) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
CHAPTER 236
S.B. No. 2035
LICENSE PLATES
An Act relating to license plates; creating the Mason Treat Act of 2024; authorizing promulgation of rules to register temporary license plate vendors; authorizing imposition of fees; prescribing vendor requirements; granting authority to revoke registration and administer fines and penalties; prescribing certain bond and insurance requirements; prescribing requirements for plates; amending 47 O.S. 2021, Sections 563, as amended by Section 4, Chapter 29, O.S.L. 2023, and 582, as amended by Section 2, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023, Sections 563 and 582), which relate to the establishment, powers, and duties of the Oklahoma New Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission; adding powers; amending 47 O.S. 2021, Sections 1102, as last amended by Section 13 of Enrolled House Bill No. 1854 of the 2nd Session of the 59th Oklahoma Legislature, 1112.2, as amended by Section 126, Chapter 282, O.S.L. 2022, 1112.3, 1113, as last amended by Section 127, Chapter 282, O.S.L. 2022, 1113A, as amended by Section 128, Chapter 282, O.S.L. 2022, and 1132, as last amended by Section 146, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Sections 1112.2, 1113, 1113A, and 1132), which relate to registration, fees, and license plates; defining terms; modifying procedure for a license plate that has not been removed; modifying period in which a person may operate a motor vehicle without plate under certain circumstance; modifying period for certain temporary license plate; requiring the submission of certain documentation and information to Service Oklahoma or licensed operator upon the sale or transfer of vehicle; requiring Service Oklahoma or licensed operator to provide certain information and instructions, issue temporary license plate under certain circumstance, and issue decal under certain circumstance; modifying period before application for registration is due; modifying period of exemption from carry of registration; providing exception to requirement to issue license plate and decal; authorizing certain contracts and agreements for implementation of certain electronic systems; authorizing certain contracts and agreements for vehicle registration access and the charging and collecting of tolls; eliminating requirement that Service Oklahoma issue certain decal; requiring development, promotion, and coordination of certain public awareness program; amending 47 O.S. 2021, Section 1137.1, as last amended by Section 1, Chapter 262, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1137.1), which relates to used dealer license and registration; modifying required components of temporary license plates; providing exception; modifying period of validity of temporary license plate; requiring certain documentation be submitted; amending 47 O.S. 2021, Section 1137.2, as amended by Section 171, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1137.2), which relates to authority to issue dealer license plates; authorizing Oklahoma New Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission to designate certain vendor; amending 47 O.S. 2021, Section 1137.3, as last amended by Section 2, Chapter 262, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1137.3), which relates to registration and licensing after purchase; modifying certain purchasers required to register vehicle or trailer; modifying required components of temporary license plates; providing exception; requiring dealer to submit certain documentation and information to Service Oklahoma or licensed operator; amending 47 O.S. 2021, Section 1141.1, as last amended by Section 13, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1), which relates to retention of taxes and fees by licensed operator; authorizing Service Oklahoma to set licensed operator compensation for certain documentation processing and license plate and decal issuance; updating statutory language; updating statutory reference; providing for noncodification; providing for codification; and providing an effective date.
SUBJECT: License plates
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Mason Treat Act of 2024”.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1137.4 of Title 47, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 47 § 1137.4 >>
A. The Oklahoma New Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission shall have the power and duty to promulgate rules and procedures to register authorized temporary license plate vendors in this state. The Commissions may impose a vendor registration fee not to exceed Six Hundred Dollars ($600.00) and a subsequent annual renewal fee not to exceed Six Hundred Dollars ($600.00).
B. Oklahoma New Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission vendors shall provide pre-printed temporary license plates, or software services or the equipment and supplies necessary to print temporary license plates to dealers licensed by the Oklahoma New Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission. Vendors may provide the following:
1. Provide a method for such dealers to electronically enter required purchaser information for each vehicle purchase; and
2. Electronically submit such required purchaser information to Service Oklahoma in a manner that protects and meets security requirements promulgated by the Commissions every twenty-four (24) hours in a format that is readily accessible by Service Oklahoma.
C. The Commissions shall also be granted the power to revoke the designation and registration of and administer fines and penalties, not to exceed Ten Thousand Dollars ($10,000.00) per occurrence, to registered temporary license plate vendors that fail to comply with the provisions of this section.
D. The Commissions shall also be granted the power to require the vendors to do the following:
1. Obtain a Fifty Thousand Dollar ($50,000.00) bond; and
2. Obtain commercial liability insurance with a minimum coverage amount of One Million Dollars ($1,000,000.00).
E. Temporary license plates issued by authorized temporary license plate vendors shall be required to include:
1. A sequential three-character prefix, unique to the individual authorized temporary license plate vendor, followed by a five-digit tag number;
2. The name of this state;
3. The name of the vehicle purchaser;
4. The date of expiration;
5. The name of the dealer and the dealer license number; and
6. The year, make, and model of the vehicle. Provided, the name of the vehicle purchaser shall not be required to be included on the temporary license plate if the vendor holds a record of the name of the vehicle purchaser and the bill of sale is carried in the vehicle.
<< OK ST T. 47 § 563 >>
SECTION 3. AMENDATORY 47 O.S. 2021, Section 563, as amended by Section 4, Chapter 29, O.S.L. 2023 (47 O.S. Supp. 2023, Section 563), is amended to read as follows:
Section 563. A. There is hereby created the Oklahoma New Motor Vehicle Commission, to be composed of nine (9) members. Seven of the members shall have been engaged in the manufacture, distribution, or sale of new motor vehicles and two members shall be lay members, all to be appointed by the Governor of the State of Oklahoma this state, with the advice and consent of the Senate. Appointments shall be made within thirty (30) days after November 1, 1985. Each of the Commissioners thus appointed shall, at the time of the appointment, be a resident in good faith of this state, shall be of good moral character, and each of the industry related industry-related Commissioners shall have been actually engaged in the manufacture, distribution, or sale of new motor vehicles for not less than ten (10) years preceding the appointment. The members of the Commission shall serve at the pleasure of the Governor.
B. 1. The Commissioners shall elect a chair from amongst them whose term shall be for one (1) year with the right to succeed himself or herself.
2. There shall be three at large at-large members of the Commission. Six members of the Commission shall be appointed from the following geographical areas with at least one member from each area:
a. four areas of the state shall be the northwest, northeast, southwest, and southeast sections designated by Interstate 35 dividing the state east and west and Interstate 40 dividing the state north and south, excluding Oklahoma County and Tulsa County, and
b. two additional areas shall be Oklahoma County and Tulsa County.
There shall not be more than two members of the Commission from any one area.
C. The terms of office of the members first appointed to the Commission shall be as follows:
1. The members appointed from the northwest, northeast, and southwest areas shall serve until June 30, 1987;
2. The members appointed from the southeast area and Oklahoma County and Tulsa County shall serve until June 30, 1989; and
3. The members appointed at large shall serve until June 30, 1991.
Each member shall serve until a successor is appointed and qualifies. Thereafter, the term of office of each member of the Commission shall be for six (6) years. The term of office of any member will automatically expire if the member moves out of the geographical area from which the member was appointed. In event of death, resignation, removal, or term automatically expiring of any person serving on the Commission, the vacancy shall be filled by appointment as provided for the unexpired portion of the term. The Commission shall meet at in Oklahoma City and complete its organization immediately after the membership has been appointed and has qualified. The chair and each member of the Commission shall take and subscribe to the oath of office required of public officers.
D. The members of the Commission shall receive reimbursement for subsistence and traveling expenses necessarily incurred in the performance of their duties as provided by the State Travel Reimbursement Act.
E. The Commission shall appoint a qualified person to serve as Executive Director thereof, which person shall have had not less than ten (10) years of experience in the motor vehicle industry. The Executive Director shall be appointed for a term of six (6) years, and shall not be subject to dismissal or removal without cause. The Commission shall fix the salary and prescribe the duties of the Executive Director. The Executive Director shall devote such time as necessary to fulfill the duties thereof, and before entering upon such duties shall take and subscribe to the oath of office. The Executive Director may employ such clerical, technical, and other help and legal services and incur such expenses as may be necessary for the proper discharge of the duties of the Executive Director under Section 561 et seq. of this title. The Commission shall maintain its office and transact its business in Oklahoma City, and it is authorized to adopt and use a seal. The Executive Director is hereby authorized to hire, retain, or otherwise acquire the services of an attorney to represent the Commission in any and all state and federal courts, and assist the Commission in any and all business or legal matters that may come before it. The attorney so representing the Commission shall discharge the duties under the direction of the Executive Director.
F. The Commission is hereby vested with the powers necessary to enable it to fully and effectively carry out the provisions and objects of Section 561 et seq. of this title and Section 2 of this act, and is hereby authorized and empowered to make and enforce all reasonable rules and to adopt and prescribe all forms necessary to accomplish such purpose. All forms used by a new motor vehicle dealer to facilitate the delivery of a vehicle pending approval of financing shall be approved by the Commission. Spot delivery agreement forms shall be required for all new motor vehicle deliveries subject to dealers finding lending institutions to purchase the retail installment contracts executed by the purchasing and selling parties.
G. All fees, charges, and fines collected under the provisions of Section 561 et seq. of this title and Section 2 of this act shall be deposited by the Executive Director in the State Treasury in accordance with the depository laws of this state in a special fund to be known as the “Oklahoma New Motor Vehicle Commission Fund”, which is hereby created, and except as hereinafter provided the monies in the fund shall be used by the Commission for the purpose of carrying out and enforcing the provisions of Section 561 et seq. of this title and Section 2 of this act. Expenditures from the fund shall be made upon vouchers approved by the Commission or its authorized officers.
At the close of each fiscal year, the Commission shall file with the Governor and the State Auditor and Inspector a true and correct report of all fees, fines, and charges collected and received by it during the preceding fiscal year and shall at the same time pay into the General Revenue Fund of the state a sum equal to ten percent (10%) of the fees, fines, and charges collected and received.
All expenses incurred by the Commission in carrying out the provisions of Section 561 et seq. of this title and Section 2 of this act, including but not limited to per diem, wages, salaries, rent, postage, advertising, supplies, bond premiums, travel, and subsistence for the Commissioners, the Executive Director, employees, and legal counsel, and printing and utilities, shall be a proper charge against such fund, exclusive of the portion thereof to be paid into the General Revenue Fund as above set out. In no event shall liability ever accrue hereunder against this state in any sum whatsoever, or against the Oklahoma New Motor Vehicle Commission Fund, in excess of the ninety percent (90%) of the fees, fines, and charges deposited therein.
<< OK ST T. 47 § 582 >>
SECTION 4. AMENDATORY 47 O.S. 2021, Section 582, as amended by Section 2, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2023, Section 582), is amended to read as follows:
Section 582. A. There is hereby created the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission, to be composed of ten (10) members who shall be selected as follows:
1. One member shall be appointed from each congressional district and any remaining members, including the chair, shall be appointed from the state at large. However, when congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member; provided, the chair shall be appointed at large without regard to congressional district representation on the board;
2. All members shall be appointed by the Governor, by and with the advice and consent of the Senate;
3. a. each Each of the members appointed from a congressional district shall, at the time of appointment, be a resident in good faith of the congressional district from which appointed, and
b. each Each of the members appointed from the state at large shall, at the time of appointment and during the period of service, be residents in good faith of the state;
4. Each member shall be of good moral character and, for the ten-year period immediately preceding appointment, each of the used motor vehicle dealer representatives shall have been licensed for and actually engaged in the distribution or sale of used motor vehicles; each of the dismantler representatives shall have actually been licensed for and engaged in the principal business of dismantling or disassembling motor vehicles for the purpose of selling the parts thereof; and the manufactured housing representative shall have been licensed for and actually engaged in the principal business of selling manufactured homes; and
5. Eight members plus the chair shall be engaged in the used motor vehicle industry or the automotive dismantler industry. There shall not be fewer than five members engaged in the principal business of the sale of used motor vehicles and there shall not be fewer than two members engaged in the principal business of dismantling or disassembling motor vehicles for the purpose of selling the parts thereof. One of the at-large members shall be engaged in the principal business of selling manufactured homes as a licensed manufactured home dealer. Being engaged in one or more of such pursuits shall not disqualify a person otherwise qualified from serving on the Commission.
B. 1. The term of the chair shall be coterminous with that of the Governor making the appointment, and until a successor is appointed and is qualified.
2. The terms of office of each member of the Commission shall be subject to the following:
a. the Commission shall determine and certify the trade associations of manufactured home dealers that represent ten percent (10%) or more of the number of licensed manufactured home dealers in the state and shall certify each such association to the Governor. The Governor shall request a minimum of ten names from each such association and shall select one member from the manufactured home industry from the names provided,
b. each member actively serving July 1, 2000, who was appointed on or before June 30, 2000, shall remain and fulfill the term of his or her membership as set forth at the appointment,
c. except for the chair, the term of office of each member of the Commission shall be for six (6) years,
d. except for the chair and the at-large members, the term of office of any member will automatically expire if the member moves out of the congressional district from which appointed; however, if the congressional districts are modified each member shall complete the current term of office as provided in this section,
e. in event of death, resignation, or removal of any person serving on the Commission, the vacancy shall be filled by appointment as aforesaid for the unexpired portion of the term, and
f. except for the chair, when the term of a member automatically expires, the vacancy shall be filled by appointment of a qualified successor for a term of six (6) years as aforesaid, except that the member shall serve until a successor is appointed and qualified.
3. The chair and each member of the Commission shall take and subscribe to the oath of office required of public officers.
C. The chair and members of the Commission shall receive Thirty Dollars ($30.00) for each and every day actually and necessarily spent in attending the meetings of the Commission, and shall be reimbursed for subsistence and traveling expenses incurred in the performance of their duties hereunder as provided by the State Travel Reimbursement Act; provided that such meeting payments shall not exceed the sum of Six Hundred Dollars ($600.00) per annum to any one person.
D. 1. a. The Commission shall appoint a qualified person to serve as Executive Director who shall have had sufficient management and organizational experience in the automotive industry to direct the functions of the Commission.
b. The Executive Director shall be appointed for a term of six (6) years, and shall not be subject to dismissal or removal without cause.
c. The Commission shall fix the salary and define and prescribe the duties of the Executive Director.
d. The Executive Director shall be in charge of the Commission's office, shall devote such time as necessary to fulfill the duties thereof, and, before entering upon these duties, shall take and subscribe to the oath of office.
2. The Commission may employ such clerical, technical, legal, and other help and incur such expenses as may be necessary for the proper discharge of its duties under Section 581 et seq. of this title and Section 2 of this act.
3. The Commission shall maintain its office and transact its business in Oklahoma City, and is authorized to adopt and use a seal.
E. 1. a. The Commission is hereby vested with the powers and duties necessary and proper to enable it to fully and effectively carry out the provisions and objectives of Section 581 et seq. of this title and Section 2 of this act, and is hereby authorized and empowered, pursuant to the Administrative Procedures Act, to make and enforce all reasonable rules and to adopt and prescribe all forms necessary to accomplish said such purpose.
b. The Commission shall promulgate rules for the licensing of manufactured home installers and the installation, which is the blocking, anchoring, and leveling of mobile and manufactured homes that meet the standards of the manufacturer's manual or the Commission.
c. The Commission shall promulgate rules to prescribe the contents of manufactured home sales agreements and to require that each manufactured home manufacturer issue with each new manufactured home a warranty comparable to warranties generally in use in the industry warranting the manufactured home to be free from material defects.
d. The enumeration of any power or authority herein shall not be construed to deny, impair, disparage, or limit any others necessary to the attainment thereof.
e. A copy of all rules adopted by the Commission shall be filed and recorded in the office Office of the Secretary of State and the State Librarian and State Archivist, and same may be amended, modified, or repealed from time to time.
2. The Commission's powers and duties shall include, but not be limited to, the following:
a. to license used motor vehicle dealers, wholesale used motor vehicle dealers, dismantlers, manufactured home dealers, manufactured home manufacturers, and manufactured home installers,
b. to inspect used motor vehicle dealer, dismantler and manufactured home dealer locations, and manufactured home manufacturers' factories or assembly sites to ensure that they are in an approved location, meet local zoning or other municipal requirements, and have sufficient facilities which shall include, but not be limited to, for retail businesses, a business sign, a listed and usable telephone number, a restroom, and a sales office,
c. to inspect wholesale used motor vehicle dealer locations to ensure that they are in an approved location, meet local zoning or other municipal requirements, and have sufficient facilities which shall include, but not be limited to, a listed and usable telephone number in the dealer's name and a business office where records of the business are kept,
d. to require all dealer sales to have a condition of sale such as a warranty disclaimer, implied or written warranty, or a service contract approved by the Commission,
e. to work with consumers and dealers to hear complaints on used vehicles and manufactured homes, including installation, and
f. to serve as a dispute resolution panel for binding arbitration in accordance with Section 1851 et seq. of Title 12 of the Oklahoma Statutes in contract controversies between licensed used motor vehicle dealers, dismantlers, and manufactured housing dealers, manufactured home dealers, installers, and manufacturers and their consumers when, by mutual written agreement executed after the dispute between the parties has arisen, both parties have agreed to use the Commission as their arbitration panel for contract disputes.
F. 1. All fees and charges collected under the provisions of Section 581 et seq. of this title and Section 2 of this act shall be deposited by the Executive Director in the State Treasury in accordance with the depository laws of this state in a special fund to be known as the “Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission Fund”, which fund is hereby created. Except as hereinafter provided, the monies in the fund shall be used by the Commission for the purpose of carrying out and enforcing the provisions of Section 581 et seq. of this title and Section 2 of this act. Expenditures from the fund shall be warrants issued by the State Treasurer against claims submitted by the Commission to the Director of the Office of Management and Enterprise Services for approval.
2. At the close of each fiscal year, the Commission shall file with the Governor and the State Auditor and Inspector a true and correct report of all fees and charges collected and received by it during the preceding fiscal year and shall at the same time pay into the General Revenue Fund of the state a sum equal to ten percent (10%) of the gross fees and charges so collected and received.
3. All expenses incurred by the Commission in carrying out the provisions of Section 581 et seq. of this title and Section 2 of this act including, but not limited to, per diem, wages, salaries, rent, postage, advertising, supplies, bond premiums, travel, and subsistence for the Commissioners, the Executive Director, employees, and legal counsel, and printing and utilities, shall be a proper charge against the fund, exclusive of the portion thereof to be paid into the General Revenue Fund as above set out; provided, that in no event shall liability ever accrue hereunder against the state in any sum whatsoever, or against the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission Fund, in excess of the ninety percent (90%) of the fees and charges deposited therein.
<< OK ST T. 47 § 1102 >>
SECTION 5. AMENDATORY 47 O.S. 2021, Section 1102, as last amended by Section 13 of Enrolled House Bill No. 1854 of the 2nd Session of the 59th Oklahoma Legislature, is amended to read as follows:
Section 1102. As used in the Oklahoma Vehicle License and Registration Act:
1. “All-terrain vehicle” means a vehicle manufactured and used exclusively for off-highway use traveling on four or more non-highway tires, and being fifty (50) inches or less in width;
2. “Carrying capacity” means the carrying capacity of a vehicle as determined or declared in tons of cargo or payload by the owner; provided, that such declared capacity shall not be less than the minimum tonnage capacity fixed, listed or advertised by the manufacturer of any vehicle;
3. “Certificate of title” means a document which is proof of legal ownership of a motor vehicle as described and provided for in Section 1105 of this title;
4. “Chips and oil” or the term “road oil and crushed rock” means, with respect to materials authorized for use in the surfacing of roads or highways as provided for in this title or in any equivalent statute pertaining to road or highway surfacing in the State of Oklahoma this state, any asphaltic materials. Wherever chips and oil or road oil and crushed rock are authorized for use in the surfacing of roads or highways in this state, whether by the Department of Transportation, or by the county commissioners, or other road building authority subject to the Oklahoma Vehicle License and Registration Act, asphaltic materials are also authorized for use in such surfacing and construction;
5. “Combined laden weight” means the weight of a truck or station wagon and its cargo or payload transported thereon, or the weight of a truck or truck-tractor plus the weight of any trailers or semitrailers together with the cargo or payload transported thereon;
6. “Commercial trailer” means any trailer, as defined in Section 1–180 of this title, or semitrailer, as defined in Section 1–162 of this title, when such trailer or semitrailer is used primarily for business or commercial purposes;
7. “Commercial trailer dealer” means any person, firm or corporation engaged in the business of selling any new and unused, or used, or both new and used commercial trailers;
8. “Commercial vehicle” means any vehicle over eight thousand (8,000) pounds combined laden weight used primarily for business or commercial purposes. Each motor vehicle being registered pursuant to the provisions of this section shall have the name of the commercial establishment or the words “Commercial Vehicle” permanently and prominently displayed upon the outside of the vehicle in letters not less than two (2) inches high. Such letters shall be in sharp contrast to the background and shall be of sufficient shape and color as to be readily legible during daylight hours, from a distance of fifty (50) feet while the vehicle is not in motion;
9. “Commission” or “Tax Commission” means the Oklahoma Tax Commission;
10. “Construction machinery” means machines or devices drawn as trailers which are designed and used for construction, tree trimming and waste maintenance projects, which derive no revenue from the transportation of persons or property, whose use of the highway is only incidental and which are not mounted or affixed to another vehicle; provided, construction machinery shall not include implements of husbandry as defined in Section 1–125 of this title;
11. “Dealer” means any person, firm, association, corporation or trust who that sells, solicits or advertises the sale of new and unused motor vehicles and holds a bona fide contract or franchise in effect with a manufacturer or distributor of a particular make of new or unused motor vehicle or vehicles for the sale of same;
12. “Dealer seller” means a new motor vehicle dealer as defined in Section 562 of this title, a powersports vehicle dealer as defined in Section 562 of this title, and used motor vehicle dealer as defined in Section 581 of this title. This definition shall not include individuals involved in a private sale as defined in this section;
13. “Mini-truck” means a foreign-manufactured import or domestic-manufactured vehicle powered by an internal combustion engine with a piston or rotor displacement of one thousand cubic centimeters (1,000 cc) or less, which is sixty-seven (67) inches or less in width, with an unladen dry weight of three thousand four hundred (3,400) pounds or less, traveling on four or more tires, having a top speed of approximately fifty-five (55) miles per hour, equipped with a bed or compartment for hauling, and having an enclosed passenger cab;
a. designed and marketed as temporary living quarters for camping, recreational, seasonal or travel use,
b. not permanently affixed to real property for use as a permanent dwelling,
c. built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred (400) square feet in the setup mode, and
d. certified by the manufacturer as complying with standard A119.5 of the American National Standards Institute, Inc.;
28. “Pre-registration” means the submission of requisite information and documentation to Service Oklahoma or a licensed operator within two (2) business days following the sale or transfer of a motor vehicle, as required by Section 1112.2 of this title;
29. “Private sale” means the sale or transfer of a motor vehicle where neither the seller nor the purchaser is a dealer seller as defined in this section;
a. which has been assembled using a new body or new major component which is of the identical type as the original vehicle and is licensed by the manufacturer of the original vehicle and other original, new or reconditioned parts. For purposes of this paragraph, “new body or new major component” means a new body, cab, frame, front end clip or rear end clip,
b. which is not a salvage, rebuilt, or junked vehicle as defined by paragraph 1, 2, or 6 of subsection A of Section 1105 of this title, and
c. for which Service Oklahoma has assigned or will assign a new identifying number;
39. “Temporary decal” means the decal issued by Service Oklahoma or a licensed operator to be affixed to a license plate and valid for the period of time between the pre-registration of a motor vehicle, pursuant to the requirements of Section 1112.2 of this title, and the registration thereof;
<< OK ST T. 47 § 1112.2 >>
SECTION 6. AMENDATORY 47 O.S. 2021, Section 1112.2, as amended by Section 126, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1112.2), is amended to read as follows:
Section 1112.2. A. Effective July 1, 2019, the The license plate and certificate of registration shall be issued to, and remain in the name of, the owner of the vehicle registered and the license plates shall not be transferable between motor vehicle owners. When a vehicle is sold or transferred in the state, the following registration procedures shall apply:
1. When a current and valid Oklahoma motor vehicle license plate has been obtained for use on a motor vehicle and the vehicle has been sold or otherwise transferred to a new owner, the license plate shall be removed from the vehicle and retained by the original plate owner;
2. In the event an owner purchases, trades, exchanges, or otherwise acquires another vehicle of the same license registration classification, Service Oklahoma shall authorize the transfer of the current and valid license plate previously obtained by the owner to the replacement vehicle for the remainder of the current registration period. In the event the owner acquires a vehicle requiring payment of additional registration fees, the owner shall request a transfer of the license plate to the newly acquired vehicle and pay the difference in registration fees. The fee shall be calculated on a monthly prorated basis. The owner shall not be entitled to a refund:
a. when the registration fee for the vehicle to which the plate(s) is to be assigned is less than the registration fee for that vehicle to which the license plate(s) was last assigned, or
b. if the owner does not have or does not acquire another vehicle to which the license plate may be transferred;
3. Except as provided in paragraph 4 of this subsection, in the event the owner of a license plate or a dealer seller purchases, trades, exchanges, or otherwise acquires a vehicle for which a license plate has been issued during the current registration period, and the license plate has not been removed by the previous owner in accordance with this section, the new owner of the vehicle shall remove and return the license plate to Service Oklahoma or a licensed operator destroy or otherwise discard the license plate. However, if the license plate has expired, the new owner shall not be required to surrender destroy or otherwise discard the license plate;
4. When a lender or lender's agent repossesses a vehicle and the license plate has not been removed in accordance with this section, the lender or lender's agent shall not be subject to the provisions of this section and the license plate shall be considered removable personal property and may be reclaimed from the repossessed vehicle; and
5. If a person purchases a motor vehicle from which the number plates have been removed pursuant to this section, the person may operate the motor vehicle for fifteen (15) five (5) calendar days from the date of purchase without number plates if a dated, notarized bill of sale is carried in the motor vehicle. If the vehicle is subject to a lien, the person may obtain a thirty-day ten-day temporary plate issued either from the dealer seller or by a licensed operator pursuant to the promulgation of rules by Service Oklahoma to implement a licensed operator-issued temporary plate pursuant to this paragraph; and
6. a. Within two (2) business days of the date of sale or transfer of the motor vehicle, either the seller or the purchaser of the motor vehicle shall complete the pre-registration of the vehicle by submitting documentation to Service Oklahoma or a licensed operator identifying the motor vehicle subject to the sale or transfer, purchaser information, and any associated state-issued license plate on the vehicle. Pre–registration may be accomplished either in person at Service Oklahoma or a licensed operator location or by means of an electronic transaction or online system established by Service Oklahoma in accordance with Section 1132B of this title. Service Oklahoma or the licensed operator shall:
(1) provide information and instructions to the purchaser to complete the registration transaction as required by the Oklahoma Vehicle License and Registration Act,
(2) if no license plate was transferred to the motor vehicle as a result of the purchase or transfer, issue a license plate with a temporary decal to the purchaser, and
(3) if there was an existing license plate transferred to the motor vehicle, issue a temporary decal to the existing license plate, and
b. upon the effective date of this act, Service Oklahoma is authorized to set the licensed operator compensation pursuant to Section 3–103 of this title for processing the documentation submitted and issuing the license plate and/or decal pursuant to this subsection.
B. 1. The new owner of a motor vehicle shall, within thirty (30) calendar days two (2) months from the date of vehicle purchase or acquisition, make application to record the registration of the vehicle by the transfer to, or purchase of, a license plate for the newly acquired vehicle with Service Oklahoma or the licensed operator and shall pay all taxes and fees provided by law.
2. Any person failing to register a motor vehicle by timely transferring the license plate as provided by this section shall pay the penalty levied in Section 1132 of this title.
C. A surviving spouse, desiring to operate a vehicle devolving from a deceased spouse, shall present an application for certificate of title to Service Oklahoma or the licensed operator in his or her name within thirty (30) days two (2) months of obtaining ownership. Service Oklahoma or the licensed operator shall then transfer the license plate to the surviving spouse.
D. Service Oklahoma shall be authorized to promulgate such rules as may be required to implement the license plate transfers authorized by this section including, but not limited to, such rules as may be required for a system under which the license plate is registered to an individual and not a vehicle for all license plates issued on or after July 1, 2019.
E. Service Oklahoma, the Oklahoma Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission are authorized to enter into contracts and agreements for the implementation of an electronic system to facilitate the entry of required vehicle purchaser information on new and used vehicle purchases and the issuance of temporary license plates. Service Oklahoma and the Oklahoma Turnpike Authority are authorized to enter into contracts and agreements to facilitate the Oklahoma Turnpike Authority's access to an owner's vehicle registration information used by the Oklahoma Turnpike Authority to charge and collect tolls from owners of vehicles imaged using the turnpike system, and to charge the Oklahoma Turnpike Authority for services in connection with the Oklahoma Turnpike Authority's need to access owner registration information at such rates and miscellaneous costs as may be agreed to by Service Oklahoma and the Oklahoma Turnpike Authority. Service Oklahoma, in cooperation with the Oklahoma Turnpike Authority as provided in this subsection, and appropriate state agencies, commissions, and other organizations, is directed to develop, promote, and coordinate a public awareness program to be utilized in making Oklahomans aware of the requirements of this section.
<< OK ST T. 47 § 1112.3 >>
SECTION 7. AMENDATORY 47 O.S. 2021, Section 1112.3, is amended to read as follows:
Section 1112.3. A. Except as otherwise provided in subsection B of this section, at all times while a vehicle is being used or operated on the roads of this state, the operator of the vehicle shall have in his or her possession or carry in the vehicle and exhibit upon demand to any peace officer of the state or duly authorized employee of the Department of Public Safety, either a:
1. Registration certificate, an electronic version of the registration certificate, or an official copy thereof. In addition, the vehicle operator may redact home address information printed on the registration certificate;
2. True copy of rental or lease documentation issued for a motor vehicle;
3. Registration certificate, an electronic version of the registration certificate, or an official copy thereof issued for a replacement vehicle in the same registration period. In addition, the vehicle operator may redact home address information printed on the registration certificate;
4. Temporary receipt printed upon self-initiated electronic renewal of a registration via the Internet; or
5. Cab card issued for a vehicle registered under the International Registration Plan.
B. The provisions of subsection A of this section shall not apply to the first thirty (30) days two (2) months after purchase of a replacement vehicle.
<< OK ST T. 47 § 1113 >>
SECTION 8. AMENDATORY 47 O.S. 2021, Section 1113, as last amended by Section 127, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1113), is amended to read as follows:
Section 1113. A. 1. Except for all-terrain vehicles, utility vehicles and motorcycles used exclusively off roads and highways, upon the filing of a registration application and the payment of the fees provided for in the Oklahoma Vehicle License and Registration Act, Service Oklahoma or the Corporation Commission, as applicable, shall assign to the vehicle described in the application a distinctive number, and issue to the owner of the vehicle a certificate of registration, one license plate and a yearly decal, unless otherwise previously issued pursuant to the Oklahoma Vehicle License and Registration Act. Service Oklahoma shall assign an all-terrain vehicle, utility vehicle or motorcycle used exclusively off roads and highways a distinctive number and issue to the owner a certificate of registration and a decal but not a license plate. For each subsequent registration year, Service Oklahoma shall issue a yearly decal to be affixed to the license plate, except for an all-terrain vehicle, utility vehicle or motorcycle used exclusively off roads and highways. The initial decal for an all-terrain vehicle, utility vehicle or motorcycle shall be attached to the front of the vehicle and shall be in clear view. The decal shall be on the front or on the front fork of the motorcycle used exclusively off roads and highways and the decal shall be in clear view. The yearly decal shall have an identification number and the last two numbers of the registration year for which it shall expire. Except as provided by Section 1113A of this title, the license plate shall be affixed to the exterior of the vehicle until a replacement license plate is applied for. If the owner applies for a replacement license plate, Service Oklahoma shall charge the fee provided for in Section 1114 of this title. The yearly decal will validate the license plate for each registration period other than the year the license plate is issued. The license plate and decal shall be of such size, color, design, and numbering as Service Oklahoma may direct. However, yearly decals issued to the owner of a vehicle who has filed an affidavit with the appropriate licensed operator in accordance with Section 7–607 of this title shall be a separate and distinct color from all other decals issued under this section. Before the effective date of this act, Service Oklahoma shall also issue a monthly decal which shall include a two-letter abbreviation corresponding to the county in which the vehicle is registered. Service Oklahoma shall issue all decals in the possession of Service Oklahoma on the effective date of this act before issuing any decals which do not contain the county abbreviation.
2. a. The operation of a street-legal utility vehicle on the streets and highways of this state requires the vehicle be issued a certificate of registration and license plate to be renewed annually. Upon the filing of a registration application and the payment of the fees provided for in the Oklahoma Vehicle License and Registration Act, Service Oklahoma or the Corporation Commission, as applicable, shall assign to the vehicle described in the application a distinctive number, and issue to the owner of the vehicle a certificate of registration, one license plate and a yearly decal. For each subsequent registration year, Service Oklahoma shall issue a yearly decal to be affixed to the license plate. The initial decal for a street-legal utility vehicle shall be attached to the front of the vehicle and shall be in clear view. The yearly decal shall have an identification number and the last two numbers of the registration year for which it shall expire. Except as provided by Section 1113A of this title, the license plate shall be affixed to the exterior of the vehicle until a replacement license plate is issued. If the owner applies for a replacement license plate, Service Oklahoma shall charge the fee provided for in Section 1114 of this title. The yearly decal will validate the license plate for each registration period other than the year the license plate is issued. The license plate and decal shall be of such size, color, design, and numbering as Service Oklahoma may direct. However, yearly decals issued to the owner of a vehicle who has filed an affidavit with the appropriate licensed operator in accordance with Section 7–607 of this title shall be a separate and distinct color from all other decals issued under this section.
b. Service Oklahoma shall design and issue a temporary tag to out-of-state owners of street-legal utility vehicles. The temporary tag shall be recognized in lieu of registration in this state. The temporary tag shall clearly indicate the date of issuance and the date of expiration, which shall be five (5) days, including the day of issuance. Upon application for a temporary tag, the out-of-state owner shall show proof of insurance coverage that satisfies the requirements of the Compulsory Insurance Law pursuant to Section 7–600 et seq. of this title. Service Oklahoma is authorized to promulgate rules and procedures to implement the provisions of this paragraph.
3. The license plate shall be securely attached to the rear of the vehicle, except truck-tractor plates which shall be attached to the front of the vehicle. Service Oklahoma may, with the concurrence of the Department of Public Safety, by Joint Rule, change and direct the manner, place, and location of display of any vehicle license plate when such action is deemed in the public interest. The license plate, decal and all letters and numbers shall be clearly visible at all times. The operation of a vehicle in this state, regardless of where such vehicle is registered, upon which the license plate is covered, overlaid, or otherwise screened with any material, whether such material be clear, translucent, tinted or opaque, shall be a violation of this paragraph.
4. Upon payment of the annual registration fee provided in Section 1133 of this title, Service Oklahoma or the Corporation Commission, as applicable, or a licensed operator may issue a permanent nonexpiring license plate to an owner of one hundred or more commercial motor vehicles and for vehicles registered under the provisions of Section 1120 of this title. Upon payment of the annual registration fee, Service Oklahoma or the Corporation Commission shall issue a certificate of registration that shall be carried at all times in the vehicle for which it is issued. Provided, if the registrant submits its application through electronic means, such qualified owners of one hundred or more commercial motor vehicles, properly registered pursuant to the provisions of Section 1133 of this title, may elect to receive a permanent certificate of registration that shall be carried at all times in the vehicle for which it is issued.
5. Every vehicle owned by an agency of this state shall be exempt from the payment of registration fees required by this title. Provided, such vehicle shall be registered and shall otherwise comply with the provisions of the Oklahoma Vehicle License and Registration Act.
B. The license plates required under the provisions of this title shall conform to the requirements and specifications listed hereinafter:
1. Each license plate shall have a space for the placement of the yearly decals for each succeeding year of registration after the initial issue;
2. The provisions of the Oklahoma Vehicle License and Registration Act regarding the issuance of yearly decals shall not apply to the issuance of apportioned license plates, including license plates for state vehicles, and exempt plates for governmental entities and fire departments organized pursuant to Section 592 of Title 18 of the Oklahoma Statutes;
3. All license plates and decals shall be made with reflectorized material as a background to the letters, numbers and characters displayed thereon. The reflectorized material shall be of such a nature as to provide effective and dependable brightness during the service period for which the license plate or decal is issued;
4. Except as otherwise provided in this subsection, Service Oklahoma shall design appropriate official license plates for all state vehicles. Such license plates shall be permanent in nature and designed in such manner as to remain with the vehicle for the duration of the vehicle's life span or until the title is transferred to a nongovernmental owner;
5. Within the limits prescribed in this section, Service Oklahoma shall design appropriate official license plates for vehicles of the Oklahoma Highway Patrol. The license plates shall have the legend “Oklahoma OK” and shall contain the letters “OHP” followed by the state seal and the badge number of the Highway Patrol officer to whom the vehicle is assigned. The words “Oklahoma Highway Patrol” shall also be included on such license plates;
6. Within the limits prescribed in this section, Service Oklahoma shall design appropriate official license plates for vehicles of the Oklahoma Military Department of the State of Oklahoma. Such license plates shall have the legend “Oklahoma OK” and shall contain the letters “OMD” followed by the state seal and three numbers or letters as designated by the Adjutant General. The words “Oklahoma Military Department” shall also be included on such license plates;
7. Within the limits prescribed in this section, Service Oklahoma shall design appropriate official license plates for vehicles of the Oklahoma Department of Corrections. Such license plates shall contain the letters “DOC” followed by the Department of Corrections badge and three numbers or letters or combination of both as designated by the Director of the agency. The words “Department of Corrections” shall also be included on such license plates; and
8. Within the limits prescribed in this section, the Oklahoma Tourism and Recreation Department shall design any license plates required by the initiation of a license plate reissuance by Service Oklahoma at the request of the Department of Public Safety pursuant to the provisions of Section 1113.2 of this title. Any such new designs shall be submitted by the Oklahoma Tourism and Recreation Department to the Department of Public Safety for its approval prior to being issued by Service Oklahoma.
C. Where the applicant has satisfactorily shown that the applicant owns the vehicle sought to be registered but is unable to produce documentary evidence of the ownership, a license plate may be issued upon approval by Service Oklahoma or the Corporation Commission, as applicable. In such instances the reason for not issuing a certificate of title shall be indicated on the receipt given to the applicant. It shall still be the duty of the applicant to immediately take all necessary steps to obtain the Oklahoma certificate of title and it shall be unlawful for the applicant to sell the vehicle until the certificate has been obtained in the applicant's name.
D. The certificate of registration provided for in this section shall be in convenient form, and the certificate of registration, or a certified copy or photostatic copy thereof, duly authenticated by Service Oklahoma or the Corporation Commission, as applicable, shall be carried at all times in or upon all vehicles so registered, in such manner as to permit a ready examination thereof upon demand by any peace officer of the state or duly authorized employee of the Department of Public Safety. Any such officer or agent may seize and hold such vehicle when the operator of the same does not have the registration certificate in the operator's possession or when any such officer or agent determines that the registration certificate has been obtained by misrepresentation of any essential or material fact or when any number or identifying information appearing on such certificate has been changed, altered, obliterated or concealed in any way, until the proper registration or identification of such vehicle has been made or produced by the owner thereof.
E. The purchaser of a new or used manufactured home shall, within thirty (30) days of the date of purchase, register the home with Service Oklahoma or a licensed operator pursuant to the provisions of Section 1117 of this title. For a new manufactured home, it shall be the responsibility of the dealer selling the home to place a temporary license plate on the home in the same manner as provided in Section 1128 of this title for other new motor vehicles. For the first year that any manufactured home is registered in this state, Service Oklahoma shall issue a metal license plate which shall be affixed to the manufactured home. The temporary dealer license plate or the metal license plate shall be displayed on the manufactured home at all times when upon a public roadway; provided, a repossession affidavit issued pursuant to Sections 1110 and 1126 of this title shall be permissible in lieu of a current license plate and decal for the purposes of removing a repossessed manufactured home to a secure location. Manufactured homes previously registered and subject to ad valorem taxation as provided by law shall have a decal affixed at the time ad valorem taxes are paid for such manufactured home; provided, for a manufactured home permanently affixed to real estate, no decal or license plate shall be required to be affixed and the owner thereof shall be given a receipt upon payment of ad valorem taxes due on the home. Service Oklahoma shall make sufficient plates and decals available to the various licensed operators of the state in order for an owner of a manufactured home to acquire the plate or decal. A one-dollar fee shall be charged for issuance of any plate or decal. The fee shall be apportioned each month to the General Revenue Fund of the State Treasury.
F. The decal shall be easily visible for purposes of verification by a county assessor that the manufactured home is properly assessed for ad valorem taxation. In the first year of registration, a decal shall be issued for placement on the license plate indicating payment of applicable registration fees and excise taxes. A duplicate manufactured home registration decal shall be affixed inside the window nearest the front door of the manufactured home. In the second and all subsequent years for which the manufactured home is subject to ad valorem taxation, an annual decal shall be affixed inside the window nearest the front door as evidence of payment of ad valorem taxes. Service Oklahoma shall issue decals to the various county treasurers of the state in order for a manufactured home owner to obtain such decal each year. Upon presentation of a valid ad valorem tax receipt, the manufactured home owner shall be issued the annual decal.
G. Upon the registration of a manufactured home in this state for the first time or upon discovery of a manufactured home previously registered within this state for which the information required by this subsection is not known, Service Oklahoma shall obtain:
1. The name of the owner of the manufactured home;
2. The serial number or identification number of the manufactured home;
3. A legal description or address of the location for the home;
4. The actual retail selling price of the manufactured home excluding Oklahoma taxes;
5. The certificate of title number for the home; and
6. Any other information which Service Oklahoma deems to be necessary.
The application for registration shall also include the school district in which the manufactured home is located or is to be located. The information shall be entered into a computer data system which shall be used by Service Oklahoma to provide information to county assessors upon request by the assessor. The assessor may request any information from the system in order to properly assess a manufactured home for ad valorem taxation.
<< OK ST T. 47 § 1113A >>
SECTION 9. AMENDATORY 47 O.S. 2021, Section 1113A, as amended by Section 128, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1113A), is amended to read as follows:
Section 1113A. A. As used in this section:
1. “First vehicle” means the vehicle from which a license plate is removed and transferred to a second vehicle;
2. “Second vehicle” means the vehicle to which a license plate is transferred after removal from a first vehicle; and
3. “Vehicle” means a passenger vehicle and does not include farm or commercial vehicles.
B. A person may retain the license plate of any vehicle registered to such person for purposes of transferring such license plate to a second vehicle registered to such person. The license plate removed from the first vehicle may be transferred to a new or used second vehicle. The procedure for transfer shall be as follows:
1. If the license plate removed from the first vehicle is transferred to a new motor vehicle, the owner shall obtain a replacement license plate from Service Oklahoma or one of its licensed operators within ten (10) days of removal of the license plate and upon payment of the fee required for a replacement plate and an additional Ten Dollars ($10.00). The replacement plate shall bear an expiration date that corresponds to the expiration date on the license plate removed from the first vehicle. The replacement plate shall be affixed to the first vehicle immediately upon removal of the existing license plate. The license plate removed from the first vehicle shall be affixed to the second vehicle upon payment by the owner of all applicable registration and license fees immediately. 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. For sales involving a dealer seller, the dealer must submit the requisite documentation to Service Oklahoma or a licensed operator within two (2) business days. Transfer of a license plate to a new motor vehicle as authorized by this paragraph shall not relieve the owner of payment for registration or license fees applicable to such new motor vehicle as required by this title.
2. If the license plate removed from the first vehicle is transferred to a second vehicle already displaying a license plate, the owner shall obtain the replacement license plate required by paragraph 1 of this subsection. The replacement plate shall be affixed to the first vehicle and shall bear the expiration date of the license plate removed from the first vehicle. The license plate from the second vehicle shall be removed and returned to Service Oklahoma or one of its licensed operators. The license plate removed from the first vehicle shall then be affixed to the second vehicle. The removed plate from the first vehicle shall bear an expiration date identical to the plate removed from the second vehicle. 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.
C. Service Oklahoma shall be authorized to promulgate such rules or regulations as may be required to implement the license plate transfers authorized by this section.
D. In the event a person fails to obtain a replacement license plate as provided for in this section within the time prescribed for the registration of the new or used second vehicle, a penalty of twenty-five cents ($0.25) per day shall be assessed from the day following the period prescribed for registration to the date of acquisition of the replacement license plate, such penalty to accrue for no more than thirty (30) days, at the end of which time the penalty shall be twice the registration cost of such vehicle.
<< OK ST T. 47 § 1132 >>
SECTION 10. AMENDATORY 47 O.S. 2021, Section 1132, as last amended by Section 146, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1132), is amended to read as follows:
Section 1132. A. For all vehicles, unless 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 this state in the following amounts:
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, unless 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 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 standard-issue license plate and will be the sole license plate issued and assigned to the 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 initial registration by the owner. Nine Dollars ($9.00) of the registration fee shall be deposited in the Oklahoma 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 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 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 Oklahoma 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 operator. 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 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 and, except in the case of salvage vehicles and manufactured homes, register the vehicle within thirty (30) days 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 License 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 dealers 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 thirty (30) days 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 thirty (30) days two (2) months shall be One Dollar ($1.00) per day, provided that in no event shall the penalty exceed One Hundred Dollars ($100.00). No penalty shall be waived by Service Oklahoma or any licensed operator except as provided in subsection C of Section 1127 of this title. Of each dollar one-dollar penalty collected pursuant to this subsection:
1. Twenty-one cents ($0.21) shall be apportioned as provided in Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the licensed operator; and
3. Fifty-eight cents ($0.58) shall be deposited in the General Revenue Fund.
<< OK ST T. 47 § 1137.1 >>
SECTION 11. AMENDATORY 47 O.S. 2021, Section 1137.1, as last amended by Section 1, Chapter 262, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1137.1), is amended to read as follows:
Section 1137.1. A. Except for vehicles, travel trailers or commercial trailers which display a current Oklahoma license tag, upon the purchase or transfer of ownership of a used motor vehicle, travel trailer or commercial trailer, including an out-of-state purchase or transfer of the same, to a licensed used motor vehicle dealer, wholesale used motor vehicle dealer, used travel trailer dealer or used commercial trailer dealer, subsequently referred to in this section as “dealer”, the dealer shall affix a used dealer's plate visible from the rear of the vehicle, travel trailer or commercial trailer. Such license plate shall expire on December 31 of each year. When the vehicle, travel trailer or commercial trailer is parked on the dealer's licensed place of business, it shall not be required to have a license plate of any kind affixed. A dealer shall obtain from Service Oklahoma at a cost of Ten Dollars ($10.00) a dealer license plate for demonstrating, transporting or any other normal business of a dealer including use by an individual holding a valid salesperson's license issued by the Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing Commission. Any dealer who operates a wrecker or towing service licensed pursuant to Sections 951 through 957 of this title shall register each wrecker vehicle and display a wrecker license plate on each vehicle as required by Section 1134.3 of this title. A dealer may obtain as many additional license plates as may be desired upon the payment of Ten Dollars ($10.00) for each additional license plate. Use of the used dealer license plate by a licensed dealer for other than the purposes as set forth herein shall constitute grounds for revocation of the dealer's license. Service Oklahoma shall design the official used dealer license plate to include the used dealer's license number issued to him or her each year by Service Oklahoma or the Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing Commission.
B. Upon the purchase or transfer of ownership of an out-of-state used motor vehicle, travel trailer or commercial trailer to a licensed dealer, the dealer shall make application for an Oklahoma certificate of title pursuant to the Oklahoma Vehicle License and Registration Act, Section 1101 et seq. of this title. Upon receipt of the Oklahoma certificate of title, the dealer shall follow the procedure as set forth in subsection A of this section. Provided, nothing in this title shall be construed as requiring a dealer to register a used motor vehicle, travel trailer or commercial trailer purchased in another state which will not be operated or sold in this state.
C. Upon sale or transfer of ownership of the used motor vehicle or travel trailer, the dealer shall place upon the reassignment portion of the certificate of title a tax stamp issued by the county treasurer of the county in which the dealer has his or her primary place of business. The tax stamp shall be issued upon payment of a fee of Three Dollars and fifty cents ($3.50) and shall be in lieu of the dealer's ad valorem tax on the inventories of used motor vehicles or travel trailers but shall not relieve any other property of the dealer from ad valorem taxation.
D. Upon sale of a used motor vehicle or travel trailer to another licensed dealer, the selling dealer shall place the tax stamp required in subsection C of this section upon the certificate of title. The used dealer license plate or wholesale dealer license plate shall be removed by the selling dealer. The purchasing dealer shall, at time of purchase, place his or her dealer license plate on the used motor vehicle, travel trailer or commercial trailer as provided in subsection A of this section; provided, for vehicles, travel trailers or commercial trailers purchased by a licensed used dealer at an auction, in lieu of such placement of the dealer license plate, the auction may provide temporary documentation as approved by the Director of the Motor Vehicle Division of Service Oklahoma for the purpose of transporting such vehicle to the purchaser's point of destination. Such temporary documentation shall be valid for two (2) days following the date of sale.
E. 1. The purchaser of every used motor vehicle, travel trailer, or commercial trailer, except as otherwise provided by law, shall obtain registration and title for the vehicle or trailer within two (2) months from the date of purchase of same. It shall be the responsibility of the selling dealer to place a temporary license plate, in size similar to the permanent Oklahoma license plate but of a weatherproof plastic-impregnated substance ten-mil weatherproof plastic-impregnated paper approved by the Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing Commission, upon a used motor vehicle, travel trailer or commercial trailer when a transaction is completed for the sale of said such vehicle. Provided, upon a determination by the Commission that there exists a national shortage of ten-mil weatherproof plastic-impregnated paper, eight-mil weatherproof plastic-impregnated paper may be approved by the Commission until it has been determined by the Commission the shortage has ended. The temporary license plate under this subsection shall be placed at the location provided for the permanent motor vehicle license plate. The temporary license plate shall show the license number which is issued to the dealer each year by Service Oklahoma or the Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing Commission, the date the used motor vehicle, travel trailer or commercial trailer was purchased of expiration, and the company name of the selling dealer.
2. The Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing Commission is hereby directed to develop the temporary license plate design to incorporate these requirements in a manner that will permit law enforcement personnel to readily identify the dealer license number and date of the vehicle purchase expiration. The Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing Commission is hereby authorized to develop additional requirements and parameters as deemed appropriate to discourage or prevent illegal duplication and use of the temporary license plate. Such temporary license plate shall be valid for a period of two (2) months ten (10) days from the date of purchase. Use of the temporary license by a dealer for other than the purposes set forth herein shall constitute grounds for revocation of the dealer's license to conduct business. Purchasers of a commercial trailer shall affix the temporary license plate to the rear of the commercial trailer. The purchaser shall display the temporary license plate for a period not to exceed two (2) months ten (10) days or until registration and title are obtained as provided in this section.
3. The provisions of this subsection on temporary licenses shall apply to nonresidents who purchase a used motor vehicle, travel trailer, or commercial trailer within this state that is to be licensed in another state. The nonresident purchaser shall be allowed to operate the vehicle or trailer within the state with a temporary license plate for a period not to exceed two (2) months ten (10) days from date of purchase. Any nonresident purchaser found to be operating a used motor vehicle, travel trailer, or commercial trailer within this state after two (2) months shall be subject to the registration fees of this state upon the same terms and conditions applying to residents of this state. Additionally, within two (2) business days of the date of the sale or transfer of the vehicle or trailer, the parties shall submit the requisite documentation to Service Oklahoma or licensed operator identifying the vehicle or trailer 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.
F. It shall be unlawful for any dealer to procure the registration and licensing of any used motor vehicle, travel trailer or commercial trailer sold by the dealer or to act as the agent for the purchaser in the procurement of the registration and licensing of the purchaser's used vehicle, travel trailer, or commercial trailer. A license of any dealer violating the provision of this section may be revoked.
G. Dealers following the procedure set forth herein shall not be required to register vehicles, travel trailers, or commercial trailers to which this section applies, nor will the registration fee otherwise required be assessed. Provided, dealers shall not purchase or trade for a used motor vehicle, travel trailer, or commercial trailer on which the registration therefor has been expired for a period exceeding two (2) months without obtaining current registration therefor.
H. A nonprofit charitable organization which is exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which accepts donations of used motor vehicles previously titled in Oklahoma to be subsequently transferred to another owner, upon the qualifying organization providing sufficient documentation of its tax-exempt status, may obtain from Service Oklahoma charitable nonprofit organization license plates for demonstrating, transporting, or test-driving donated vehicles, provided that no organization shall possess or use at any one time more than eight such plates. Service Oklahoma shall design distinctive license plates for that purpose. The cost for said such plates shall be the same as provided in subsection A of this section for dealer plates.
I. The transfer of ownership from the vehicle donor to the qualifying nonprofit organization described in subsection H of this section shall be made without the payment of motor vehicle excise tax levied pursuant to Section 2103 of Title 68 of the Oklahoma Statutes.
<< OK ST T. 47 § 1137.2 >>
SECTION 12. AMENDATORY 47 O.S. 2021, Section 1137.2, as amended by Section 171, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section 1137.2), is amended to read as follows:
Section 1137.2. Service Oklahoma The Oklahoma New Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission shall have the sole authority to grant the power to issue the dealer license plate specified in subsection A of Section 1137.1 of this title to authorized temporary license plate vendors, pursuant to the provisions of Section 2 of this act.
<< OK ST T. 47 § 1137.3 >>
SECTION 13. AMENDATORY 47 O.S. 2021, Section 1137.3, as last amended by Section 2, Chapter 262, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1137.3), is amended to read as follows:
Section 1137.3. A. 1. The purchaser of every new motor vehicle, travel trailer, or commercial trailer powersports vehicle shall register or license the same within two (2) months from the date of purchase. It shall be the responsibility of the selling dealer to place a temporary license plate, twelve (12) inch by six (6) inch size or in a size similar to the permanent Oklahoma license plate but of a weatherproof plastic-impregnated substance ten-mil weatherproof plastic-impregnated paper approved by the Oklahoma New Motor Vehicle Commission, upon a new motor vehicle, travel trailer, or commercial trailer powersports vehicle when a transaction is completed for the sale of said such vehicle or trailer. Provided, upon a determination by the Commission that there exists a national shortage of ten-mil weatherproof plastic-impregnated paper, eight-mil weatherproof plastic-impregnated paper may be approved by the Commission until it has been determined by the Commission the shortage has ended. Except for cab and chassis trucks, the temporary license plate under this section shall be placed at the location provided for the permanent motor vehicle license plate. The purchaser of a new cab and chassis truck may place the temporary license plate under this section in the rear window. Said The temporary license plate shall show the dealer's license number which is issued to him or her each year by Service Oklahoma, the date the new motor vehicle, travel trailer or commercial trailer was purchased of expiration, and the company name of the selling dealer. Additionally, within two (2) business days of the date of the sale or transfer of the motor vehicle, the selling dealer 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.
2. The Oklahoma New Motor Vehicle Commission is hereby directed to develop a temporary license plate design to incorporate these requirements in a manner that will permit law enforcement personnel to readily identify the dealer license number and date of the vehicle purchase expiration. The Oklahoma New Motor Vehicle Commission is further authorized to develop additional requirements and parameters designed to discourage or prevent illegal duplication and use of the temporary license plate. On or before two (2) months ten (10) days from the date of purchase of a new motor vehicle, travel trailer, or commercial trailer powersports vehicle, said the temporary license plate shall be removed and replaced with a permanent, current Oklahoma license plate. Use of said such temporary license plate by a licensed dealer for other than the purpose of normally doing business shall constitute grounds for revocation of the dealer's license.
B. It shall be unlawful for any licensed dealer of new motor vehicles, travel trailers, or commercial trailers powersports vehicle to procure the registration and licensing of any new motor vehicle, travel trailer, or commercial trailer powersports vehicle sold by such the licensed dealer or to act as the agent for such the purchaser in the procurement of said the registration and licensing. The license of any licensed dealer of new motor vehicles, travel trailers, or commercial trailers powersports vehicle violating the provisions of this section shall be revoked.
<< OK ST T. 47 § 1141.1 >>
SECTION 14. AMENDATORY 47 O.S. 2021, Section 1141.1, as last amended by Section 13, Chapter 47, 1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp. 2023, Section 1141.1), is amended to read as follows:
Section 1141.1. A. Each licensed operator shall be entitled to retain the following amounts from the taxes and fees collected by such licensed operator to be used to fund the operation of the office of such licensed operator subject to the provisions of Sections 1140 through 1147 of this title:
1. Beginning July 1, 2006, through June 30, 2023, Three Dollars and fifty-six cents ($3.56) for each vehicle registered pursuant to the Oklahoma Vehicle License and Registration Act;
2. Beginning on or after January 1, 2022, through June 30, 2023, if a special or personalized license plate is issued pursuant to Sections 1135.1 through 1135.7 of this title and remittance is combined with the registration required pursuant to Section 1132 of this title, Seven Dollars and twelve cents ($7.12). Beginning July 1, 2023, through June 30, 2025, Three Dollars and fifty-six cents ($3.56) for each special license plate issued pursuant to Sections 1135.1 through Section 1135.7 of this title;
3. One Dollar and twenty-five cents ($1.25) for each certificate of title issued for boats and motors pursuant to the Oklahoma Statutes;
4. For each certificate of registration issued for boats and motors pursuant to the Oklahoma Statutes, an amount determined pursuant to the provisions of subsection B of this section;
5. Two Dollars and twenty-five cents ($2.25) for each certificate of title issued pursuant to the Oklahoma Vehicle License and Registration Act. Provided, the fee retention amount for certificates of title issued pursuant to the provisions of subsection H of Section 1105 of this title, in which an insurer pays the optional twenty-two-dollar-fee amount, is Four Dollars and fifty cents ($4.50);
6. Beginning July 1, 2002, through June 30, 2023, each licensed operator shall be entitled to retain three and twenty-five one-hundredths percent (3.25%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes;
7. Four percent (4%) of the excise tax collected on the transfer of boats and motors pursuant to the Oklahoma Statutes through June 30, 2025;
8. Two Dollars ($2.00) for each driver license, endorsement, identification license, or renewal or duplicate issued pursuant to Section 6–101 et seq. of this title through June 30, 2023;
9. Two Dollars ($2.00) for the recording of security interests as provided in Section 1110 of this title;
10. Two Dollars ($2.00) for each inspection conducted pursuant to subsection L of Section 1105 of this title;
11. Three Dollars ($3.00) for each inspection conducted pursuant to subsection M of Section 1105 of this title;
12. One Dollar ($1.00) for each certificate of ownership filed pursuant to subsection R of Section 1105 of this title;
13. One Dollar ($1.00) for each temporary permit issued pursuant to Section 1124 of this title;
14. One Dollar and fifty cents ($1.50) for processing each proof of financial responsibility, driver license information, insurance verification information, and other additional information as provided in Section 7–602 of this title;
15. The mailing fees and registration fees provided in Sections 1131 and 1140 of this title;
16. The notary fee provided in Section 1143 of this title;
17. Three Dollars ($3.00) for each lien entry form completed and recorded on a certificate of title pursuant to subsection G of Section 1105 of this title;
18. Seven Dollars ($7.00) for each notice of transfer as provided by subsection B of Section 1107.4 of this title;
19. Seven Dollars ($7.00) for each certificate of title or each certificate of registration issued for repossessed vehicles pursuant to Section 1126 of this title;
20. Any amount specifically authorized by law to be retained by the licensed operator for the furnishing of a summary of a traffic record;
21. Beginning July 1, 2009, and through June 30, 2023, each licensed operator shall also be entitled to a portion of the penalties for delinquent registration or payment of excise tax as provided for in subsection C of Section 1115, subsection F of Section 1132 and subsection C of Section 1151 of this title and of subsection A of Section 2103 of Title 68 of the Oklahoma Statutes;
22. Beginning January 1, 2023, each licensed operator shall be entitled to retain Three Dollars and fifty-six cents ($3.56) for each electric vehicle registered pursuant to the provisions of this act and such amount shall be in addition to any other amount otherwise authorized by this section to be retained with respect to a vehicle though June 30, 2025; and
23. Beginning January 1, 2023, and through June 30, 2023, each licensed operator shall be entitled to retain three and twenty-five hundredths percent (3.25%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes for each electric vehicle but such amount shall not be in addition to any other amount otherwise authorized by this section to be retained with respect to a vehicle; and
24. Upon the effective date of this act, Service Oklahoma is authorized to set the licensed operator compensation pursuant to Section 3–103 of this title for processing the documentation submitted and issuing the license plate and/or decal pursuant to this subsection.
The balance of the funds collected shall be remitted to Service Oklahoma as provided in Section 1142 of this title to be apportioned pursuant to Section 1104 of this title.
B. Through June 30, 2025, for each certificate of registration issued for boats and motors, each licensed operator shall be entitled to retain the greater of One Dollar and twenty-five cents ($1.25) or an amount to be determined by Service Oklahoma according to the provisions of this subsection. At the end of fiscal year 1997 and each fiscal year thereafter, Service Oklahoma shall compute the average amount of registration fees for all boats and motors registered in this state during the fiscal year and shall multiply the result by six and twenty-two one-hundredths percent (6.22%). The resulting product shall be the amount which may be retained by each licensed operator for each certificate of registration for boats and motors issued during the following calendar year.
C. When an application for registration is made with Service Oklahoma, the Corporation Commission or a licensed operator, a registration fee of One Dollar and seventy-five cents ($1.75) shall be collected for each license plate or decal issued. Such fees shall be in addition to the registration fees on motor vehicles and when an application for registration is made to the licensed operator such licensed operator shall retain a fee as provided in Section 1141.1 of this title through June 30, 2023. Beginning July 1, 2023, the fee shall be retained by the licensed operator pursuant to subsection E of Section 1141.1 of this title. When the fee is paid by a person making application directly with Service Oklahoma or the Corporation Commission, as applicable, the registration fees shall be in the same amount as provided for licensed operators and the fee provided by this section shall be deposited in the Service Oklahoma Revolving Fund or as provided in Section 1167 of this title, as applicable. Service Oklahoma shall prepare schedules of registration fees and charges for titles, which shall include the fees for licensed operators, and all fees and charges paid by a person shall be listed separately on the application and registration and totaled on the application and registration. The licensed operators shall charge only such fees as are specifically provided for by law, and all such authorized fees shall be posted in such a manner that any person shall have notice of all fees that are imposed by law.
D. Unless otherwise provided, beginning July 1, 2025, the provisions related to the reimbursement, retention, apportionment, or distribution of funds to or by licensed operators as outlined in this section shall be retained by the licensed operator pursuant to Subsection subsection E of this section.
E. Beginning July 1, 2023, unless otherwise provided, licensed operators operator compensation shall be fixed by Service Oklahoma pursuant to Section 3–103 of this title.
1. For fiscal year beginning July 1, 2023, through the fiscal year ending on June 30, 2025:
a. licensed operators shall be entitled to retain nineteen percent (19%) of all fees collected related to registrations provided by the Oklahoma Vehicle License and Registration Act, pursuant to subsection A of Section 1132 of this title, subsection A of Section 1132.1 of this title, subsection A of Section 1132.4 of this title, and subsection H of 1140 of this title, and
b. licensed operators shall be entitled to retain forty percent (40%) of all fees collected related to the issuance of Class A, Class B, Class C, and Class D driver licenses, permits, and identification cards, including REAL ID Compliant and REAL ID Noncompliant credentials, pursuant to Section 6–101 et seq. of this title.
2. All other fees directed by this section shall default back to the apportionment outlined in Section 1104 of this title.
SECTION 15. This act shall become effective September 1, 2024.
Approved April 30, 2024.
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