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