1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3898 By: Davis
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Section 1115, as last amended by Section 1,
8 Chapter 246, O.S.L. 2023 (47 O.S. Supp. 2023, Section
8 1115), which relates to vehicles required to be
9 registered; providing for biennial and triennial
9 registration of certain vehicles; authorizing Service
10 Oklahoma to promulgate certain rules; setting fees;
10 authorizing licensed operators to retain certain
11 fees; amending 47 O.S. 2021, Section 1133, which
11 relates to the registration of commercial vehicles;
12 providing for biennial and triennial registration of
12 commercial vehicles and trailers; setting fees;
13 authorizing the Oklahoma Tax Commission and the
13 Oklahoma Corporation Commission to promulgate certain
14 rules; and providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 47 O.S. 2021, Section 1115, as
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20 last amended by Section 1, Chapter 246, O.S.L. 2023 (47 O.S. Supp.
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21 2023, Section 1115), is amended to read as follows:
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22 Section 1115. A. Unless provided otherwise by statute, the
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23 following vehicles shall be registered annually: manufactured
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24 homes, vehicles registered with a permanent nonexpiring license
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Req. No. 9709 Page 1
1 plate pursuant to Section 1113 of this title, and commercial
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2 vehicles registered pursuant to the installment plan provided in
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3 subsection H of Section 1133 of this title. The following schedule
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4 shall apply for such vehicle purchased in this state or brought into
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5 this state by residents of this state:
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6 1. Between January 1 and March 31, the payment of the full
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7 annual fee shall be required;
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8 2. Between April 1 and June 30, the payment of three-fourths
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9 (3/4) the annual fee shall be required;
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10 3. Between July 1 and September 30, the payment of one-half
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11 (1/2) the annual fee shall be required; and
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12 4. Between October 1 and November 30, one-fourth (1/4) the
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13 annual fee shall be required.
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14 License plates or decals for each year shall be made available
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15 on December 1 of each preceding year for such vehicles. Any person
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16 who purchases such vehicle or manufactured home between December 1
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17 and December 31 of any year shall register it within thirty (30)
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18 days from date of purchase and obtain a license plate or
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19 Manufactured Home License Registration Decal, as appropriate, for
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20 the following calendar year upon payment of the full annual fee.
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21 Unless provided otherwise by statute, all annual license,
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22 registration and other fees for such vehicles shall be due and
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23 payable on January 1 of each year and if not paid by February 1
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24 shall be deemed delinquent.
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1 B. 1. All vehicles, other than those required to be registered
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2 pursuant to the provisions of subsection A of this section, shall be
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3 registered on a staggered system of registration and licensing on a
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4 monthly series basis to distribute the work of registering such
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5 vehicles as uniformly and expeditiously as practicable throughout
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6 the calendar year unless otherwise provided in this section. After
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7 the end of the month following the expiration date, the license and
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8 registration fees for the new registration period shall become
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9 delinquent. At the time of registration or renewal, the owner of
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10 the vehicle may choose either an annual or a biennial registration
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11 of the vehicle.
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12 2. All fleet vehicles registered pursuant to new applications
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13 approved pursuant to the provisions of Section 1120 of this title
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14 shall be registered on a staggered system monthly basis.
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15 3. Applicants seeking to establish Oklahoma as the base
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16 jurisdiction for registering apportioned fleet vehicles shall have a
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17 one-time option of registering for a period of not less than six (6)
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18 months nor greater than eighteen (18) thirty-six (36) months.
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19 Subsequent renewals for these registrants will be for twelve (12)
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20 months, twenty-four (24) months, or thirty-six (36) months, expiring
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21 on the last day of the month chosen by the registrant under the one-
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22 time option as provided herein. In addition, registrants with
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23 multiple fleets may designate a different registration month of
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24 expiration for each fleet. At the time of registration or renewal
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1 of a fleet vehicle, the owner of the vehicle may choose either an
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2 annual, biennial, or triennial registration of the vehicle.
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3 As used in this section, "fleet" shall have the same meaning as
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4 set forth in the International Registration Plan.
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5 4. Effective January 1, 2004, all motorcycles and mopeds shall
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6 be registered on a staggered system of registration. Service
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7 Oklahoma shall notify in writing, prior to December 1, 2003, all
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8 owners of motorcycles or mopeds registered as of such date, who
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9 shall have a one-time option of registering for a period of not less
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10 than three (3) months nor greater than fifteen (15) months.
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11 Subsequent renewals for these registrants will be for twelve (12)
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12 months, expiring on the last day of the month chosen by the
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13 registrant under the one-time option as provided herein. All
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14 motorcycles and mopeds registered pursuant to new applications
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15 received on or after December 1, 2003, shall also be registered
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16 pursuant to the provisions of this paragraph.
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17 5. Any three or more commercial vehicles owned by the same
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18 person and previously registered in this state may be registered at
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19 the same time regardless of the month or months in which they were
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20 previously registered. The month in which the commercial vehicles
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21 are newly registered shall be the month in which their registration
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22 is renewed annually. If a commercial vehicle is registered pursuant
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23 to this paragraph in the same calendar year in which it was
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24 previously registered, license and registration fees shall be
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1 prorated to account for the difference between the previous renewal
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2 month and the new renewal month and those fees shall be due at the
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3 time of registration pursuant to this paragraph. At the time of
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4 registration or renewal of a commercial vehicle, the owner of the
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5 vehicle may choose either an annual, biennial, or triennial
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6 registration of the vehicle.
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7 C. The following penalties shall apply for delinquent
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8 registration fees:
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9 1. For fleet vehicles required to be registered pursuant to the
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10 provisions of Section 1120 of this title for which a properly
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11 completed application for registration has not been received by the
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12 Corporation Commission by the last day of the month following the
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13 registration expiration date, a penalty of thirty percent (30%) of
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14 the Oklahoma portion of the annual registration fee, or Two Hundred
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15 Dollars ($200.00), whichever is greater, shall be assessed. The
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16 license and registration cards issued by the Corporation Commission
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17 for each fleet vehicle shall be valid until two (2) months after the
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18 registration expiration date;
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19 2. For commercial vehicles registered under the provisions of
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20 subsection B of this section, except those vehicles registered
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21 pursuant to Section 1133.1 of this title, a penalty shall be
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22 assessed after the last day of the month following the registration
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23 expiration date. A penalty of twenty-five cents ($0.25) per day
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24 shall be added to the license fee of such vehicle and shall accrue
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1 for one (1) month. Thereafter, the penalty shall be thirty percent
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2 (30%) of the annual registration fee, or Two Hundred Dollars
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3 ($200.00), whichever is greater;
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4 3. For new or used manufactured homes, not registered within
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5 thirty (30) days from date of purchase or date such manufactured
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6 home was brought into this state, a penalty equal to the
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7 registration fee shall be assessed; or
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8 4. For all vehicles a penalty shall be assessed after the last
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9 day of the month following the expiration date and no penalty shall
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10 be waived by Service Oklahoma or any licensed operator except as
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11 provided for in subsection H of Section 1133, subsection C of
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12 Section 1127 of this title, or when the vehicle was stolen as
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13 certified by a police report or other documentation as required by
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14 Service Oklahoma. A penalty of One Dollar ($1.00) per day shall be
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15 added to the license fee of such vehicle, provided that the penalty
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16 shall not exceed One Hundred Dollars ($100.00). Of each dollar
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17 penalty collected pursuant to this subsection:
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18 a. twenty-one cents ($0.21) shall be apportioned as
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19 provided in Section 1104 of this title,
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20 b. twenty-one cents ($0.21) shall be retained by the
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21 licensed operator, and
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22 c. fifty-eight cents ($0.58) shall be deposited in the
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23 General Revenue Fund.
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1 D. In addition to all other penalties provided in the Oklahoma
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2 Vehicle License and Registration Act, the following penalties shall
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3 be imposed and collected by any Enforcement Officer of the
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4 Corporation Commission upon finding any commercial vehicle being
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5 operated in violation of the provisions of the Oklahoma Vehicle
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6 License and Registration Act.
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7 The penalties shall apply to any commercial vehicle found to be
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8 operating in violation of the following provisions:
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9 1. A penalty of not less than Fifty Dollars ($50.00) shall be
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10 imposed upon any person found to be operating a commercial vehicle
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11 sixty (60) days after the end of the month in which the license
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12 plate or registration credentials expire without the current year
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13 license plate or registration credential displayed. Such penalty
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14 shall not exceed the amount established by the Corporation
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15 Commission pursuant to the provisions of subsection A of Section
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16 1167 of this title. Revenue from such penalties shall be
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17 apportioned as provided in Section 1167 of this title;
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18 2. A penalty of not less than Fifty Dollars ($50.00) shall be
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19 imposed for any person operating a commercial vehicle subject to the
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20 provisions of Section 1120 or Section 1133 of this title without the
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21 proper display of, or, carrying in such commercial vehicle, the
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22 identification credentials issued by the Corporation Commission as
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23 evidence of payment of the fee or tax as provided in Section 1120 or
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24 Section 1133 of this title. Such penalty shall not exceed the
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1 amount established by the Corporation Commission pursuant to the
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2 provisions of subsection A of Section 1167 of this title. Revenue
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3 from such penalties shall be apportioned as provided in Section 1167
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4 of this title; and
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5 3. A penalty of not less than One Hundred Dollars ($100.00)
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6 shall be imposed for any person that fails to register any
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7 commercial vehicle subject to the Oklahoma Vehicle License and
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8 Registration Act. Such penalty shall not exceed the amount
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9 established by the Corporation Commission pursuant to the provisions
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10 of subsection A of Section 1167 of this title. Revenue from such
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11 penalties shall be apportioned as provided in Section 1167 of this
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12 title.
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13 E. Service Oklahoma, or the Corporation Commission with respect
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14 to vehicles registered under Section 1120 or Section 1133 of this
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15 title, shall assess the registration fees and penalties for the year
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16 or years a vehicle was not registered. For vehicles not registered
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17 for two (2) or more years, the registration fees and penalties shall
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18 be due only for the current year and one (1) previous year.
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19 F. In addition to any other penalty prescribed by law, there
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20 shall be a penalty of not less than Twenty Dollars ($20.00) upon a
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21 finding by an enforcement officer that:
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22 1. The registration of a vehicle registered pursuant to Section
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23 1132 of this title is expired and it is sixty (60) or more days
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24 after the end of the month of expiration; or
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1 2. The registration fees for a vehicle that is subject to the
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2 registration fees pursuant to Section 1132 of this title have not
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3 been paid.
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4 Such penalty shall not exceed the amount established by the
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5 Corporation Commission pursuant to the provisions of subsection A of
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6 Section 1167 of this title. Revenue from such penalties shall be
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7 apportioned as provided in Section 1167 of this title.
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8 G. If a vehicle is donated to a nonprofit charitable
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9 organization, the nonprofit charitable organization shall be exempt
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10 from paying any current or past due registration fees, excise tax,
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11 transfer fees, and penalties and interest. However, after the
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12 donation, if the person donating the vehicle, or someone on behalf
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13 of such person, purchases the same vehicle back from the nonprofit
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14 charitable organization to which the vehicle was donated, such
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15 person shall be liable for all current and past-due registration
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16 fees, excise tax, title or transfer fees, and penalties and interest
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17 on such vehicle.
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18 H. Service Oklahoma shall promulgate rules and any necessary
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19 procedures to establish an option for a biennial registration for
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20 vehicles registered pursuant to paragraph 1 of subsection B of this
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21 section and a biennial or triennial registration for commercial
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22 vehicles and fleet vehicles.
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23 1. Regardless of whether the vehicle owner elects annual or,
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24 biennial, or triennial registration, the vehicle is still subject to
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1 all fees, fines, and penalties provided in the Oklahoma Vehicle
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2 License and Registration Act.
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3 2. For vehicle owners who elect biennial registration, the
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4 annual registration fee shall be twice the annual registration fee
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5 provided in the Oklahoma Vehicle License and Registration Act. For
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6 vehicle owners who elect triennial registration, the annual
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7 registration fee shall be three times the annual registration fee
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8 provided in the Oklahoma Vehicle License and Registration Act.
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9 3. When processing biennial registrations, licensed operators
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10 shall be entitled to retain twice the amounts provided in paragraphs
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11 1 and 2 of subsection A of Section 1141.1 of this title and twice
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12 the amount provided in paragraph 14 of subsection A of Section
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13 1141.1 of this title for processing insurance verification
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14 information. When processing triennial registrations, licensed
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15 operators shall be entitled to retain three times the amounts
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16 provided in paragraphs 1 and 2 of subsection A of Section 1141.1 of
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17 this title and twice the amount provided in paragraph 14 of
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18 subsection A of Section 1141.1 of this title for processing
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19 insurance verification information.
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20 SECTION 2. AMENDATORY 47 O.S. 2021, Section 1133, is
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21 amended to read as follows:
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22 Section 1133. A. The following license fees shall be pa