1 STATE OF OKLAHOMA 1 2 2nd Session of the 59th Legislature (2024) 2 3 SENATE BILL 1547 By: Hall 3 4 4 5 5 6 AS INTRODUCED 6 7 An Act relating to vehicle registration; amending 47 7 O.S. 2021, Section 1133, which relates to the 8 registration of commercial vehicles; directing 8 Service Oklahoma to promulgate certain rules; 9 establishing due date for certain license fees; and 9 providing an effective date. 10 10 11 11 12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 12 13 SECTION 1. AMENDATORY 47 O.S. 2021, Section 1133, is 13 14 amended to read as follows: 14 15 Section 1133. A. The following license fees shall be paid 15 16 annually to the Oklahoma Tax Commission or Corporation Commission, 16 17 as applicable, upon the registration of the following vehicles: 17 18 Except as provided in this subsection, for each commercial 18 19 vehicle over eight thousand (8,000) pounds as defined in Section 19 20 1102 of this title, the license fee shall be based on the combined 20 21 laden weight of the vehicle or combination of vehicles. The license 21 22 fees shall be computed and assessed at the following rates: 22 23 1. From 8,001 pounds to 15,000 pounds $ 95.00 23 24 2. From 15,001 pounds to 18,000 pounds 120.00 24 Req. No. 2823 Page 1 1 3. From 18,001 pounds to 21,000 pounds 155.00 1 2 4. From 21,001 pounds to 24,000 pounds 190.00 2 3 5. From 24,001 pounds to 27,000 pounds 225.00 3 4 6. From 27,001 pounds to 30,000 pounds 260.00 4 5 7. From 30,001 pounds to 33,000 pounds 295.00 5 6 8. From 33,001 pounds to 36,000 pounds 325.00 6 7 9. From 36,001 pounds to 39,000 pounds 350.00 7 8 10. From 39,001 pounds to 42,000 pounds 375.00 8 9 11. From 42,001 pounds to 45,000 pounds 400.00 9 10 12. From 45,001 pounds to 48,000 pounds 425.00 10 11 13. From 48,001 pounds to 51,000 pounds 450.00 11 12 14. From 51,001 pounds to 54,000 pounds 475.00 12 13 15. From 54,001 pounds to 57,000 pounds 648.00 13 14 16. From 57,001 pounds to 60,000 pounds 681.00 14 15 17. From 60,001 pounds to 63,000 pounds 713.00 15 16 18. From 63,001 pounds to 66,000 pounds 746.00 16 17 19. From 66,001 pounds to 69,000 pounds 778.00 17 18 20. From 69,001 pounds to 72,000 pounds 817.00 18 19 21. From 72,001 pounds to 73,280 pounds 857.00 19 20 22. From 73,281 pounds to 74,000 pounds 870.00 20 21 23. From 74,001 pounds to 75,000 pounds 883.00 21 22 24. From 75,001 pounds to 76,000 pounds 896.00 22 23 25. From 76,001 pounds to 77,000 pounds 909.00 23 24 26. From 77,001 pounds to 78,000 pounds 922.00 24 Req. No. 2823 Page 2 1 27. From 78,001 pounds to 79,000 pounds 935.00 1 2 28. From 79,001 pounds to 80,000 pounds 948.00 2 3 29. From 80,001 pounds to 81,000 pounds 961.00 3 4 30. From 81,001 pounds to 82,000 pounds 974.00 4 5 31. From 82,001 pounds to 83,000 pounds 987.00 5 6 32. From 83,001 pounds to 84,000 pounds 1000.00 6 7 33. From 84,001 pounds to 85,000 pounds 1013.00 7 8 34. From 85,001 pounds to 86,000 pounds 1026.00 8 9 35. From 86,001 pounds to 87,000 pounds 1039.00 9 10 36. From 87,001 pounds to 88,000 pounds 1052.00 10 11 37. From 88,001 pounds to 89,000 pounds 1065.00 11 12 38. From 89,001 pounds to 90,000 pounds 1078.00 12 13 For the purposes of this section, the license fee of a wrecker 13 14 or tow vehicle shall be based on the gross weight of the wrecker or 14 15 tow vehicle alone without any inclusion of weight for a vehicle 15 16 towed by the wrecker or tow vehicle. 16 17 B. After the fifth year’s registration in this or any other 17 18 state, the license fee upon any truck registered on a basis of the 18 19 combined laden weight not in excess of fifteen thousand (15,000) 19 20 pounds shall be assessed at fifty percent (50%) of the fee computed 20 21 and assessed for each of the first five (5) years. On the seventh 21 22 and all subsequent years of registration in this or any other state, 22 23 on such truck, such license fees shall be assessed and computed at 23 24 fifty percent (50%) of the amount due on the sixth year’s 24 Req. No. 2823 Page 3 1 registration. In no event shall such annual license fee on any 1 2 truck be less than Ten Dollars ($10.00) nor shall the annual license 2 3 fee of any truck-tractor be less than Ninety-five Dollars ($95.00). 3 4 C. In addition to the fees required by subsection A of this 4 5 section, there shall be paid a registration fee of Forty Dollars 5 6 ($40.00) upon the first registration in this state after July 1, 6 7 1985, and upon the transfer of ownership of any frac tank, as 7 8 defined by Section 54 of Title 17 of the Oklahoma Statutes, 8 9 construction machinery, as defined by Section 1102 of this title, 9 10 rental trailer, commercial trailer, or semitrailer designed to be 10 11 pulled and usually pulled by a truck or truck-tractor. 11 12 Thereafter, a fee of Four Dollars ($4.00) shall be paid annually 12 13 for each frac tank, construction machinery, rental trailer, 13 14 commercial trailer, or semitrailer. The fee of Four Dollars ($4.00) 14 15 shall be due and payable on January 1 of each year on any frac tank, 15 16 construction machinery, rental trailer, commercial trailer, or 16 17 semitrailer registered under this section. 17 18 Upon the payment of the registration fee of Forty Dollars 18 19 ($40.00), a nonexpiring registration certificate and identification 19 20 plate shall be issued for each frac tank, construction machinery, 20 21 rental trailer, commercial trailer, or semitrailer. The nonexpiring 21 22 identification plate shall remain displayed on the frac tank, 22 23 construction machinery, rental trailer, commercial trailer, or 23 24 semitrailer for which the identification plate is issued until such 24 Req. No. 2823 Page 4 1 frac tank, construction machinery, trailer, or semitrailer is sold 1 2 or removed from service. 2 3 A receipt shall be issued upon the payment of the annual fee. 3 4 The receipt shall show the total fee paid for one or more frac 4 5 tanks, construction machinery units, rental trailers, commercial 5 6 trailers, or semitrailers. The receipt shall be retained by the 6 7 owner of any frac tank, construction machinery, rental trailer, 7 8 commercial trailer, or semitrailer for a period of three (3) years 8 9 and shall be subject to audit by the Tax Commission or Corporation 9 10 Commission. 10 11 Any frac tank, construction machinery, commercial trailer, or 11 12 semitrailer licensed pursuant to this section shall not be permitted 12 13 to be operated on the highways of this state when such frac tank, 13 14 construction machinery, commercial trailer, or semitrailer is being 14 15 operated by a resident of this state, or is being operated by a 15 16 person operating a vehicle or vehicles domiciled in this state and 16 17 required by law to be licensed in Oklahoma, unless the pulling truck 17 18 or truck-tractor has been licensed pursuant to this section or is 18 19 twenty-four thousand (24,000) pounds or less and operating under a 19 20 valid temporary license plate provided by Section 1137.1 or 1137.3 20 21 of this title. In no event shall any truck, truck-tractor, frac 21 22 tank, construction machinery, trailer, or semitrailer used in the 22 23 furtherance of any commercial enterprise be permitted to operate on 23 24 24 Req. No. 2823 Page 5 1 the highways of this state or register at a smaller license fee than 1 2 that prescribed in this section except as provided in this section. 2 3 D. For each fiscal year, notwithstanding the provisions of 3 4 Section 1104 of this title, the first Four Hundred Thousand Dollars 4 5 ($400,000.00) of all monies collected pursuant to subsections A, B, 5 6 and C of this section shall be paid by the Tax Commission to the 6 7 State Treasurer of the State of Oklahoma who shall deposit same each 7 8 fiscal year, or such lesser amount as may accrue each fiscal year, 8 9 under the provisions of this section to the credit of the General 9 10 Revenue Fund of the State Treasury. All monies collected in excess 10 11 of Four Hundred Thousand Dollars ($400,000.00) each fiscal year 11 12 shall be apportioned as provided in Section 1104 of this title. 12 13 E. If any vehicle is used for a purpose other than that for 13 14 which it has been registered, the owner of the vehicle shall be 14 15 required to immediately reregister the vehicle at the appropriate 15 16 rate. If any vehicle is placed or operated upon any street, road, 16 17 or highway of this state with a laden weight in excess of that for 17 18 which it is licensed, the license fee for such increased laden 18 19 weight shall become due, and the owner of the vehicle shall be 19 20 required to immediately reregister the vehicle at the increased 20 21 rate. Provided, that, in either event there shall be credited upon 21 22 the increased license fee for such reregistration for any portion of 22 23 the year or period remaining after the change in use or increase in 23 24 laden weight shall have occurred a proportionate part of the license 24 Req. No. 2823 Page 6 1 fees previously paid. If this reregistration is made voluntarily by 1 2 the owner, the ratable proportion of the credit allowed shall be 2 3 determined as of the date the reregistration is voluntarily made. 3 4 If the reregistration is not voluntarily made but occurs as a result 4 5 of the discovery by any enforcement officer of an improper operation 5 6 of the vehicle, that shall be considered prima facie evidence that 6 7 it has been improperly registered for the entire portion of the year 7 8 covered by the improper registration. Provided further, that the 8 9 ratable credit shall be allowed only on the first reregistration of 9 10 any vehicle during any calendar year. If, during the calendar year, 10 11 subsequent changes of license plate are desired, the ratable credit 11 12 shall not be allowed but the owner of the vehicle shall be required 12 13 to pay the license fee due for that portion of the calendar year 13 14 remaining without benefit of any additional credits. No owner of a 14 15 motor vehicle shall possess at any time more than one license plate 15 16 for any vehicle owned by such person. No reregistration shall be 16 17 made until the current license plate previously issued has been 17 18 surrendered. 18 19 Any person who has paid a fee under the terms and provisions of 19 20 this subsection may at any time within one (1) year after the 20 21 payment of such fee file with the Tax Commission or Corporation 21 22 Commission a claim under oath for refund stating the grounds 22 23 therefor. However, the Tax Commission or Corporation Commission 23 24 shall allow refunds only where the amount of tax paid has been 24 Req. No. 2823 Page 7 1 erroneously computed or determined through clerical errors or 1 2 miscalculations. No refund shall be allowed by the Tax Commission 2 3 or Corporation Commission of a tax paid by the person where such 3 4 payment is made through a mistake as to the legal misinterpretation 4 5 or construction of the provisions of this section. Any refunds made 5 6 by the Tax Commission or Corporation Commission pursuant to this 6 7 subsection shall be made out of any monies collected pursuant to 7 8 this subsection and which have not been apportioned. 8 9 F. The annual license fee required by this section is intended 9 10 to cover only the motor vehicle for which it is issued. The Tax 10 11 Commission or Corporation Commission upon application, when a 11 12 licensed truck-tractor has been destroyed by fire or accident, shall 12 13 credit the unused portion of the annual license fee of the vehicle 13 14 toward the license fee of a replacement vehicle of equal registered 14 15 weight. The amount of credit shall not exceed the license fee due 15 16 on the replacement vehicle. The Tax Commission or Corporation 16 17 Commission shall not be required to make a refund. If the 17 18 replacement vehicle is to be registered at a greater weight, the 18 19 applicant shall pay an additional sum equivalent to the difference 19 20 between the unused portion of the annual license fee for the 20 21 original motor vehicle and the license fee due for the replacement 21 22 motor vehicle. 22 23 23 24 24 Req. No. 2823 Page 8 1 G. The license fees provided for in this section shall be paid 1 2 each year whether or not the vehicle is operated on the public 2 3 highway. 3 4 H. Notwithstanding the provision of any other statute in 4 5 respect to the time for payment of license fees on motor vehicles, 5 6 if the total amount of the annual license fees due from any resident 6 7 owner, either individual, partnership, or Oklahoma corporation, upon 7 8 the registration, on or before January 15 of any year, of commercial 8 9 trucks, truck-tractors, frac tanks, construction machinery, trailers 9 10 or semitrailers exceeds the sum of One Thousand Dollars ($1,000.00), 10 11 the license fees may be paid in equal semiannual installments. The 11 12 first installment shall be paid at the time of the application for 12 13 registration of the vehicles and not later than January 15 of each 13 14 year, and the second installment shall be paid on or before the 14 15 first day of July of such year. 15 16 This subsection shall not operate to reduce the amount of the 16 17 license fees due. If any installment is not paid on or before the 17 18 date due, all unpaid installments of license fees for such year on 18 19 each vehicle shall be deemed delinquent and immediately due and 19 20 payable, and there shall be added a penalty of twenty-five cents 20 21 ($0.25) per day to the balance of the license fee due on each 21 22 vehicle for each day the balance remains unpaid up to thirty (30) 22 23 days, after which the penalty due on each vehicle shall be Twenty- 23 24 five Dollars ($25.00). The penalty for vehicles registered by 24 Req. No. 2823 Page 9 1 weight in excess of eight thousand (8,000) pounds shall be an amount 1 2 equal to the license fee. On and after the thirtieth day each such 2 3 vehicle involved shall be considered as improperly licensed and as 3 4 not currently registered, and all of the provisions of the Oklahoma 4 5 Vehicle License and Registration Act relating to enforcement, 5 6 including the provisions for the seizure and sale of vehicles not 6 7 registered and not displaying current license plates, shall apply to 7 8 the vehicles. 8 9 All fees and taxes levied by the Oklahoma Vehicle License and 9 10 Registration Act shall become and remain a first lien upon the 10 11 vehicle upon which the fees or taxes are due until paid. The lien 11 12 shall have priority to all other liens. No title to any vehicle may 12 13 be transferred until the unpaid balance on the vehicle has been paid 13 14 in full. Provided, that any unpaid balance of the license fees 14 15 shall remain and become a lien against any and all property of the 15 16 owner, both real and personal, for so long as any license tag fee 16 17 balance shall remain unpaid. Any unpaid balance under these 17 18 provisions shall be immediately due and payable by the owner if any 18 19 vehicle is sold, wrecked, or otherwise retired from service. 19 20 Any person electing to pay license fees on a semiannual 20 21 installment basis, as herein authorized, shall be required to 21 22 purchase a new license tag for the last half and shall pay the sum