1 STATE OF OKLAHOMA
2 1st Session of the 58th Legislature (2021)
3 HOUSE BILL 1044 By: Luttrell
4
5
6 AS INTRODUCED
7 An Act relating to license plates; amending 47 O.S.
2011, Section 1135.5, as last amended by Section 3,
8 Chapter 434, O.S.L. 2019 (47 O.S. Supp. 2020, Section
1135.5), which relates to special license plates;
9 modifying name of Veterans of Foreign Wars License
Plate; requiring certain proof of membership to
10 receive plate; providing for reinstatement of plates
issued before certain date; providing for
11 reimbursement of certain fees; and declaring an
emergency.
12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. AMENDATORY 47 O.S. 2011, Section 1135.5, as
16 last amended by Section 3, Chapter 434, O.S.L. 2019 (47 O.S. Supp.
17 2020, Section 1135.5), is amended to read as follows:
18 Section 1135.5 A. The Oklahoma Tax Commission is hereby
19 authorized to design and issue appropriate official special license
20 plates to persons wishing to demonstrate support and provide
21 financial assistance as provided by this section.
22 Special license plates shall not be transferred to any other
23 person but shall be removed from the vehicle upon transfer of
24 ownership and retained. The special license plate may then be used
Req. No. 5625 Page 1
1 on another vehicle but only after such other vehicle has been
2 registered for the current year with a motor license agent.
3 Special license plates shall be renewed each year by the Tax
4 Commission or a motor license agent, unless authorized by the Tax
5 Commission to be renewed for a period greater than one (1) year.
6 The Tax Commission shall notify by mail all persons issued special
7 license plates. The notice shall contain all necessary information
8 and shall contain instructions for the renewal procedure upon
9 presentation to a motor license agent or the Tax Commission. The
10 license plates shall be issued on a staggered system.
11 The Tax Commission is hereby directed to develop and implement a
12 system whereby motor license agents are permitted to accept
13 applications for special license plates authorized under this
14 section. The motor license agent shall confirm the applicant's
15 eligibility, if applicable, collect and deposit any amount
16 specifically authorized by law, accept and process the necessary
17 information directly into such system and generate a receipt
18 accordingly. For performance of these duties, motor license agents
19 shall retain the fee provided in Section 1141.1 of this title for
20 registration of a motor vehicle. The motor license agent fees for
21 acceptance of applications and renewals shall be paid out of the
22 Oklahoma Tax Commission Reimbursement Fund.
23 If fewer than one hundred of any type of special license plates
24 authorized prior to January 1, 2004, are issued prior to January 1,
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1 2006, the Tax Commission shall discontinue issuance and renewal of
2 that type of special license plate. Any such authorized special
3 license plate registrant shall be allowed to display the license
4 plate upon the designated vehicle until the registration expiration
5 date. After such time the expired special license plate shall be
6 removed from the vehicle.
7 For special license plates authorized on or after July 1, 2004,
8 no special license plates shall be developed or issued by the Tax
9 Commission until the Commission receives one hundred prepaid
10 applications therefor. The prepaid applications must be received by
11 the Tax Commission within one hundred eighty (180) days of the
12 effective date of the authorization or the authority to issue shall
13 be null and void. In the event one hundred prepaid applications are
14 not received by the Tax Commission within such prescribed time
15 period any payment so received shall be refunded accordingly.
16 B. The special license plates provided by this section are as
17 follows:
18 1. University or College Supporter License Plate - such plates
19 shall be designed and issued to any person wishing to demonstrate
20 support to any state-supported or private university or college. As
21 provided in this section, an amount of the fee collected shall be
22 apportioned as provided in Section 1104.1 of this title;
23 2. Environmental Awareness License Plate - such plates shall be
24 designed, subject to the criteria to be presented to the Tax
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1 Commission by the Department of Environmental Quality in
2 consultation with the Oklahoma Arts Council, and issued to any
3 person wishing to demonstrate support to implement the statewide
4 general public environmental education program created pursuant to
5 the provisions of the Oklahoma Environmental Quality Code. Such
6 plates shall be designed and issued to any person in any combination
7 of numbers and letters from one to a maximum of seven, as for
8 personalized license plates. A dealer's license plate issued
9 pursuant to Section 1116.1 or 1128 of this title may be designated
10 an Environmental Awareness License Plate upon payment of the fee
11 imposed by this section and any other registration fees required by
12 the Oklahoma Vehicle License and Registration Act. As provided in
13 this section, an amount of the fee collected shall be apportioned
14 pursuant to Section 1104.2 of this title;
15 3. Firefighter License Plate - such plates shall be designed
16 for any career or retired firefighter, volunteer or paid.
17 Firefighters may apply for firefighter plates for up to four
18 vehicles with a rated capacity of one (1) ton or less or for a
19 motorcycle upon proof of a fire department membership by either an
20 identification card or letter from the chief of the fire department.
21 Retirees who are eligible for such plates shall provide proof of
22 eligibility upon initial application, but shall not be required to
23 provide proof of eligibility annually. The surviving spouse of any
24 deceased firefighter, if the spouse has not since remarried, may
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1 apply for a firefighter license plate for one vehicle with a rated
2 carrying capacity of one (1) ton or less or for a motorcycle upon
3 proof that the deceased firefighter was a member of a fire
4 department by either an identification card or letter from the chief
5 of the fire department. The license plate shall be designed in
6 consultation with the Oklahoma Firefighters Association.
7 As provided in this section, an amount of the fee collected
8 shall be deposited to the Oklahoma State Firemen's Museum Building &
9 Memorial Fund for support of the Oklahoma Firefighters Museum and
10 the Oklahoma Fallen and Living Firefighters Memorial;
11 4. Wildlife Conservation License Plate - such plates shall be
12 designed, subject to the criteria to be presented to the Tax
13 Commission by the Oklahoma Department of Wildlife Conservation in
14 consultation with the Oklahoma Arts Council, and issued to any
15 person wishing to demonstrate support for wildlife conservation in
16 this state through the Wildlife Diversity Fund, provided for in
17 Section 3-310 of Title 29 of the Oklahoma Statutes. Such plates may
18 be designed and issued to any person as for personalized license
19 plates.
20 As provided in this section, an amount of the fee collected
21 shall be apportioned pursuant to subsection D of Section 3-310 of
22 Title 29 of the Oklahoma Statutes;
23 5. Child Abuse Prevention License Plate - such plates shall be
24 designed, subject to the criteria to be presented to the Tax
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1 Commission by the Office of Child Abuse Prevention in the State
2 Department of Health and the Oklahoma Committee to Prevent Child
3 Abuse, and issued to any person wishing to demonstrate support for
4 the prevention of child abuse.
5 As provided in this section, an amount of the fee collected
6 shall be deposited in the Child Abuse Prevention Fund;
7 6. United States Olympic Committee Supporter License Plate -
8 such plates shall be designed and issued to any person wishing to
9 demonstrate support for the United States Olympic Committee. The
10 plates shall be issued to any person in any combination of numbers
11 and letters from one to a maximum of seven, as for personalized
12 license plates. The plate shall contain the official United States
13 Olympic Committee logo. The Tax Commission shall be authorized, if
14 necessary, to enter into a licensing agreement with the United
15 States Olympic Committee for any licensing fees which may be
16 required in order to use the United States Olympic Committee logo or
17 design. The licensing agreement shall provide for a payment of not
18 more than Twenty-five Dollars ($25.00) for each license plate
19 issued;
20 7. Oklahoma History License Plate - such plates shall be
21 designed and issued to any person wishing to demonstrate interest in
22 Oklahoma history. As provided in this section, an amount of the fee
23 collected shall be deposited to the Oklahoma Historical Society
24 Revolving Fund to be used for educational purposes;
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1 8. Historic Route 66 License Plate - such:
2 a. vehicle plates shall be designed to honor historic
3 Route 66, also known as the "Mother Road". As
4 provided in this section, an amount of the fee
5 collected for each vehicle license plate shall be
6 apportioned to the Oklahoma Historical Society
7 Revolving Fund to be distributed to the Route 66
8 Museum located in Clinton, Oklahoma, and
9 b. motorcycle plates shall be designed in consultation
10 with the Oklahoma Route 66 Association, Inc. The
11 Oklahoma Tax Commission shall be authorized to enter
12 into a licensing agreement with the Oklahoma Route 66
13 Association, Inc., for any licensing fees which may be
14 required in order to use the Oklahoma Route 66
15 Association, Inc., logo or design. The licensing
16 agreement shall provide for a payment to the Oklahoma
17 Route 66 Association, Inc., of not more than Twenty
18 Dollars ($20.00) for each motorcycle license plate
19 issued;
20 9. Heart of the Heartland License Plate - such plates shall be
21 designed and issued to any person wishing to honor the victims of
22 the terrorist bombing attack on the Alfred P. Murrah Federal
23 Building in downtown Oklahoma City on April 19, 1995. As provided
24 in this section, an amount of the fee collected shall be deposited
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1 in the Heart of the Heartland Scholarship Fund, as established in
2 Section 2282 of Title 70 of the Oklahoma Statutes;
3 10. Emergency Medical Technician License Plate - such plates
4 shall be designed and issued to any person who is an emergency
5 medical technician. Such persons may apply for an emergency medical
6 technician license plate for each vehicle with a rated carrying
7 capacity of one (1) ton or less upon proof of an emergency medical
8 technician's license. The license plate shall be designed in
9 consultation with the state association of emergency medical
10 technicians. As provided in this section, an amount of the fee
11 collected shall be apportioned to the Emergency Medical Personnel
12 Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63
13 of the Oklahoma Statutes;
14 11. Fight Breast Cancer License Plate - such plates shall be
15 designed to demonstrate support for the prevention and treatment of
16 breast cancer in this state. As provided in this section, an amount
17 of the fee collected shall be apportioned to the Breast Cancer Act
18 Revolving Fund;
19 12. Crime Victims Awareness License Plate - such plates shall
20 be designed and issued to any person wishing to demonstrate
21 awareness of and support for victims of crimes. The license plates
22 shall be designed in consultation with the Oklahoma Crime Victims
23 Centre. As provided in this section, an amount of the fee collected
24 shall be apportioned to the Attorney General's Revolving Fund for
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1 the Office of the Attorney General, which is hereby directed to use
2 such funds to contract with a statewide nonprofit organization to
3 provide services to crime victims;
4 13. Oklahoma Safe Kids Association License Plate - such plates
5 shall be designed and issued to any person wishing to demonstrate
6 support and awareness of the Oklahoma Safe Kids Association. The
7 license plate shall be designed in consultation with the Oklahoma
8 Safe Kids Association. As provided in this section, an amount of
9 the fee collected shall be deposited in the Children's Hospital -
10 Oklahoma Safe Kids Association Revolving Fund to be distributed to
11 the Oklahoma Safe Kids Association program;
12 14. Four-H Club License Plate – such plates shall be designed,
13 subject to criteria to be presented to the Tax Commission by the
14 Four-H Foundation, and issued to any person wishing to demonstrate
15 support of the Four-H Club. Such plates may be designed and issued
16 to any person as for personalized license plates. As provided in
17 this section, an amount of the fee collected shall be apportioned to
18 the OSU Extension Service License Plate Revolving Fund created in
19 Section 1104.4 of this title;
20 15. Agricultural Awareness License Plate – such plates shall be
21 designed, subject to criteria to be presented to the Tax Commission,
22 by the Oklahoma Department of Agriculture, Food, and Forestry in
23 consultation with the Oklahoma Arts Council, and issued to any
24 person wishing to demonstrate support of the Department's Ag in the
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1 Classroom Education Program. As provided in this section, an amount
2 of the fee collected shall be apportioned as provided in Section
3 1104.3 of this title;
4 16. Oklahoma Statehood Centennial License Plate – such plates
5 shall be designed and issued to any person wishing to commemorate
6 the centennial of Oklahoma's admission to statehood in 1907. The
7 license plates shall be designed in consultation with the Oklahoma
8 Capitol Complex and Centennial Commemoration Commission. As
9 provided in this section, an amount of the fee collected shall be
10 deposited in the Oklahoma Capitol Complex and Centennial
11 Commemoration Commission Revolving Fund created in Section 98.5 of
12 Title 73 of the Oklahoma Statutes;
13 17. Support Education License Plate – such plates shall be
14 designed, subject to criteria to be presented to the Tax Commission
15 by the State Department of Education in consultation with the
16 Oklahoma Arts Council, and issued to any person wishing to
17 demonstrate support for education in this state. All motor license
18 agents shall display a sample of the Support Education License plate
19 in the area of the business accessed by the public. Twenty-three
20 Dollars ($23.00) of the fee collected shall be apportioned as
21 follows:
22 a. five percent (5%) shall be deposited to the Education
23 Reform Revolving Fund,
24
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1 b. five percent (5%) shall be deposited to the Higher
2 Education Revolving Fund,
3 c. five percent (5%) shall be deposited to the State
4 Career Technology Fund, and
5 d. eighty-five percent (85%) of the fee shall be
6 deposited to the Teachers' Retirement Benefit Fund as
7 set forth in Section 17-108 of Title 70 of the
8 Oklahoma Statutes.
9 However, when the Teachers' Retirement Benefit Fund attains a
10 seventy percent (70%) funded ratio based on an annual actuarial
11 valuation as required by law, the amount of the fee shall be
12 apportioned equally pursuant to subparagraphs a, b and c of this
13 paragraph;
14 18. Retired Oklahoma Highway Patrol Officers License Plate –
15 such plates shall be designed and issued to any retired officer of
16 the Oklahoma Highway Patrol. The license plate shall have the
17 legend "Oklahoma" and shall contain, in the center of the plate, the
18 Highway Patrol Officers patch using the same colors and pattern as
19 used in the patch. Centered on the bottom of the license plate
20 shall be the word "Retired". The letters "TRP" shall be used in
21 combination with three numbers on either side of the insignia or
22 emblem. The color of the letters and numbers shall be brown.
23 Retirees who are eligible for such plates shall provide proof of