Bill > SB1605

Introduced Session

motor license agents - Service Oklahoma as a division of Oklahoma Management and Enterprise Services - Director of Service Oklahoma - Service Oklahoma Operator Board - Licensed Operator Advisory Committee - repealer - codification - emergency ] AUTHOR: Add the following House Coauthor: Osburn AMENDMENT NO. 1. Strike the stricken title, enacting clause, and entire bill and insert: "[ motor vehicles - Service Oklahoma - Office of Management and Enterprise Services - Director - Drivers License Division - Department of Public Safety - employees - Motor Services Division - Oklahoma Tax Commission - employees - Director - Oklahoma State Senate - Director - Service Oklahoma Operator Board - officers - Open Records Act - Administrative Procedures Act - Licensed Operator Advisory Committee - Service Oklahoma Revolving Fund - Service Oklahoma Reimbursement Fund - fund - Service Oklahoma Computer Imaging System Revolving Fund - fund - records - agreements - administrative rules - Driver's Privacy Protection Act - Uniform Consumer Credit Code - election - environment - natural resources - state government - Service Oklahoma - positions - procedures - contracts - Service Oklahoma License and ID Apportionment Reimbursement Revolving Fund - revenues - expenditures - fees - agents - codification - emergency ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-101 of Title 47, unless there is created a duplication in numbering, reads as follows: Service Oklahoma, a division of the Office of Management and Enterprise Services, is hereby created, which shall consist of the Director of Service Oklahoma and such divisions, sections, committees, advisory committees, offices, boards, and positions as may be established by the Director of Service Oklahoma or by law. The applicable powers, duties, and responsibilities exercised by the Driver License Services Division of the Department of Public Safety shall be fully transferred to Service Oklahoma on November 1, 2022. All employees of the Department of Public Safety whose duties are transferred under this act shall be transferred to Service Oklahoma. The applicable powers, duties, and responsibilities exercised by the Motor Services Division of the Oklahoma Tax Commission shall be fully transferred to Service Oklahoma on January 1, 2023. All employees of the Oklahoma Tax Commission whose duties are transferred under this act shall be transferred to Service Oklahoma. |SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-102 of Title 47, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Board" means the Service Oklahoma Operator Board; 2. "Committee" means the Licensed Operator Advisory Committee; 3. "Director" means the chief executive officer of Service Oklahoma; 4. "License" means the authority granted by the Service Oklahoma Operator Board to an individual for purposes of operating a designated Service Oklahoma location; 5. "Licensed operator" means an individual who obtains a license from the Service Oklahoma Operator Board to operate a designated Service Oklahoma location and offers third-party fulfillment of designated services to be rendered by Service Oklahoma in this act, as set forth in Section 1140 et seq. of Title 47 of the Oklahoma Statutes. Any reference to "motor license agent" in the Oklahoma Statutes shall mean "licensed operator"; 6. "Service Oklahoma location" means any location where services offered by Service Oklahoma are provided including locations operated by either Service Oklahoma or pursuant to a license issued by Service Oklahoma; and 7. "Good standing" means a licensed operator is current on all required reporting and remittances and whose license is not under review for revocation by the Service Oklahoma Operator Board. |SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-103 of Title 47, unless there is created a duplication in numbering, reads as follows: A. The Director of Service Oklahoma shall be appointed by the Governor with the advice and consent of the Senate. The Director shall serve at the pleasure of the Governor and may be removed or replaced without cause. Compensation for the Director shall be determined pursuant to Section 3601.2 of Title 74 of the Oklahoma Statutes. The Director may be removed from office by a two-thirds (2/3) vote of the members elected to and constituting each chamber of the Legislature. B. The Director of Service Oklahoma shall be the chief executive officer of Service Oklahoma and shall act for Service Oklahoma in all matters except as may be otherwise provided by law. The powers and duties of the Director shall include, but not be limited to: 1. Organize Service Oklahoma in a manner to efficiently achieve the objectives of Service Oklahoma; 2. Supervise all activities of Service Oklahoma; 3. Administer programs and policies of Service Oklahoma; 4. Employ, discharge, appoint, contract, and fix duties and compensation of employees at the discretion of the Director; 5. Appoint assistants, deputies, officers, investigators, attorneys, and other employees as may be necessary to carry out functions of Service Oklahoma; 6. Prescribe rules and regulations for the operation of Service Oklahoma; 7. Provide input and recommendations to the Service Oklahoma Operator Board on all matters including branding and physical standardization requirements, customer service metrics, analysis, and improvement processes for licensed operators, and processes for termination of licensed operators for failure to comply with the customer service metrics; 8. Establish internal policies and procedures; 9. Prescribe and provide suitable forms deemed necessary to carry out the functions of Service Oklahoma and any other laws the enforcement and administration of which are vested in Service Oklahoma; 10. Establish such divisions, sections, committees, advisory committees, offices, boards, and positions in Service Oklahoma as the Director deems necessary to carry out the functions of Service Oklahoma; 11. Accept and disburse grants, allotments, gifts, devises, bequests, funds, appropriations, and other property made or offered to Service Oklahoma; and 12. Create the budget for Service Oklahoma to be submitted to the Legislature each year. C. The salary and other expenses for the Director shall be budgeted as a separate line item through the Office of Management and Enterprise Services. The operating expenses of Service Oklahoma shall be set by the Director and shall be budgeted as a separate line item through the Office of Management and Enterprise Services. D. 1. The Director of Service Oklahoma shall direct all purchases, hiring, procurement, and budget for Service Oklahoma of the Office of Management and Enterprise Services and establish, implement, and enforce policies and procedures related thereto, consistent with the Oklahoma Central Purchasing Act. Service Oklahoma and the Director shall be subject to the requirements of the Public Competitive Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act, and the Public Building Construction and Planning Act. 2. The Director of Service Oklahoma, or any employee or agent of the Director of Service Oklahoma acting within the scope of delegated authority, shall have the same power and authority related to purchases, hiring, procurement, and budget for Service Oklahoma as outlined in paragraph 1 of this subsection as the State Purchasing Director has for all acquisitions used or consumed by state agencies as established in the Oklahoma Central Purchasing Act. Such authority shall include the power to designate financial or proprietary information submitted by a bidder confidential and reject all requests to disclose the information so designated, if the Director of Service Oklahoma requires the bidder to submit the financial or proprietary information with a bid, proposal, or quotation. |SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-104 of Title 47, unless there is created a duplication in numbering, reads as follows: A. There is hereby created the Service Oklahoma Operator Board, which shall be an advisory body to the Director of Service Oklahoma and shall consist of nine (9) members who shall each serve a term of two (2) years. B. The membership of the Board shall be comprised as follows: 1. Two members appointed by the Governor; 2. Two members appointed by the President Pro Tempore of the Oklahoma State Senate; 3. Two members appointed by the Speaker of the Oklahoma House of Representatives; 4. One member who shall be a licensed operator, currently in good standing with Service Oklahoma, who operates a Service Oklahoma location in a county with a population of one hundred thousand (100,000) people or more, according to the latest Federal Decennial Census data, who shall be appointed by the President Pro Tempore of the Senate; 5. One member who shall be a licensed operator, currently in good standing with Service Oklahoma, who operates a Service Oklahoma location in a county with a population of less than one hundred thousand (100,000) people, according to the latest Federal Decennial Census data, who shall be appointed by the Speaker of the House of Representatives; and 6. One member who shall be the Director of Service Oklahoma or a person designated by the Director. C. 1. Appointments to the initial Service Oklahoma Operator Board shall be made within forty-five (45) days of the effective date of this act. 2. Each member shall serve at the pleasure of his or her appointing authority and may be removed or replaced without cause. 3. Any member of the Board shall be prohibited from voting on any issue in which the member has a direct financial interest. D. The Board shall have the power and duty to: 1. Approve guidelines, objectives, and performance standards for licensed operators; 2. Establish branding and physical standardization requirements with the input and recommendation of the Director of Service Oklahoma; 3. Establish customer service metrics, analysis, and improvement processes for licensed operators, and processes for termination of licensed operators for failure to comply with the customer service metrics, with the input and recommendation of the Director of Service Oklahoma; 4. Make recommendations to the Director of Service Oklahoma on all matters related to licensed operators; 5. Assist Service Oklahoma in conducting periodic reviews related to the goals, objectives, priorities, and policies related to licensed operators; and 6. Establish rules and qualifications for members of the Licensed Operator Advisory Committee created in Section 5 of this act. E. The Board shall hold meetings as necessary at a place and time to be fixed by the Board. The Board shall elect, at its first meeting, one member to serve as chair and one member to serve as vice-chair. At the first meeting in each calendar year, the chair and vice-chair for the ensuing year shall be elected by the Board. Special meetings may be called by the chair or by four members of the Board by delivery of written notice to each member of the Board. F. A majority of the members of the Board shall constitute a quorum for the transaction of business and taking any official actions. Official action of the Board shall require a favorable vote by a majority of the members present. G. Members of the Board shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in accordance with the provisions of the State Travel Reimbursement Act. H. The Board shall act in accordance with the provisions of the Oklahoma Open Records Act and the Administrative Procedures Act. |SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-105 of Title 47, unless there is created a duplication in numbering, reads as follows: A. To assist and advise the Service Oklahoma Operator Board, a Licensed Operator Advisory Committee is hereby created. B. The Licensed Operator Advisory Committee shall consist of seven (7) members appointed by the Service Oklahoma Operator Board as follows: 1. Two members who shall be licensed operators from counties with a population under thirty thousand (30,000) people according to the latest Federal Decennial Census data; 2. Two members who are licensed operators from counties with a population between thirty thousand one (30,001) and one hundred thousand (100,000) people according to the latest Federal Decennial Census data; 3. Two members who are licensed operators from counties with a population over one hundred thousand one (100,001) people according to the latest Federal Decennial Census data; and 4. One member who shall be an employee of Service Oklahoma, appointed by the Director of Service Oklahoma. C. Members appointed to the first Licensed Operator Advisory Committee shall serve the following terms: 1. The Service Oklahoma Operator Board shall select one member appointed pursuant to the provisions of paragraph 1 of subsection B of this section, one member appointed pursuant to the provisions of paragraph 2 of subsection B of this section, and one member appointed pursuant to the provisions of paragraph 3 of subsection B of this section to serve two-year terms. Subsequent appointees shall serve two-year terms; 2. The Service Oklahoma Operator Board shall select one member appointed pursuant to the provisions of paragraph 1 of subsection B of this section, one member appointed pursuant to the provisions of paragraph 2 of subsection B of this section, and one member appointed pursuant to the provisions of paragraph 3 of subsection B of this section to serve three-year terms. Subsequent appointees shall serve two-year terms; and 3. The member appointed pursuant to the provisions of paragraph 4 of subsection B of this section shall serve a two-year term. Each member of the Licensed Operator Advisory Committee shall serve at the pleasure of his or her appointing authority and may be removed or replaced without cause. Any vacancy shall be filled in the same manner as original appointments. D. The Service Oklahoma Operator Board has the authority to determine the qualifications and duties of the Licensed Operator Advisory Committee. |SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-106 of Title 47, unless there is created a duplication in numbering, reads as follows: A. There is hereby created in the State Treasury a revolving fund for Service Oklahoma to be designated the "Service Oklahoma Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by Service Oklahoma for the restricted purposes of the monies as prescribed by law. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. B. There is hereby created in the State Treasury a revolving fund for Service Oklahoma to be designated the "Service Oklahoma Reimbursement Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by Service Oklahoma for the restricted purposes of the monies as prescribed by law. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. C. There is hereby created in the State Treasury a revolving fund for Service Oklahoma to be designated the "Service Oklahoma Computer Imaging System Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by Service Oklahoma for the purpose of implementing, developing, administering, and maintaining the computer imaging system of Service Oklahoma. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-107 of Title 47, unless there is created a duplication in numbering, reads as follows: A. All records of Service Oklahoma, other than those declared by law to be confidential for the use of Service Oklahoma, shall be open to public inspection during normal business hours. B. The records and files of Service Oklahoma concerning any state tax law shall be considered confidential and privileged, except as otherwise provided by law, and neither Service Oklahoma nor any employee engaged in the administration of Service Oklahoma or charged with the custody of any such records or files nor any person who may have secured information from Service Oklahoma shall disclose any information obtained from the records or files or from any examination or inspection of the premises or property of any person. C. The Director shall supervise the maintenance of all records of Service Oklahoma and shall adopt rules concerning the destruction and retention of records. Records of Service Oklahoma shall not be subject to the provisions of: 1. Sections 305 through 317 of Title 67 of the Oklahoma Statutes. Nor shall they be transferred to the custody or control of the Archives and Records Commission; 2. Section 590 of Title 21 of the Oklahoma Statutes; or 3. The Records Management Act, Sections 201 through 215 of Title 67 of the Oklahoma Statutes. The Director may, pursuant to an adopted rule, order destruction of records deemed to be no longer of value to Service Oklahoma in carrying out the powers and duties of Service Oklahoma. D. 1. The Director may cause any or all records kept by Service Oklahoma to be photographed, microphotographed, photostated, reproduced on film, or stored on a computer storage medium. The film or reproducing material shall be of durable material, and the device used to reproduce the records on the film or reproducing material shall accurately reproduce and perpetuate the original records in all detail. 2. The photostatic copy, photograph, microphotograph, photographic film, or computerized image of the original records shall be deemed to be an original record for all purposes and shall be admissible as evidence in all courts or administrative agencies. A facsimile, exemplification, or certified copy thereof shall be deemed to be a transcript, exemplification, or certified copy of the original. 3. The photostatic copies, photographs, microphotographs, reproduction on film, or computerized images shall be placed in conveniently accessible files and provisions shall be made for preserving, examining, and using copies, photographs, microphotographs, reproductions on film, and computerized images. The Director is empowered to authorize the disposal, archival storage, or the destruction of the original records or papers. |SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-108 of Title 47, unless there is created a duplication in numbering, reads as follows: A. The Director may enter into interagency agreements for the inspection, release, and disclosure of information contained in the records of Service Oklahoma to the extent that the inspection, release, or disclosure is necessary and appropriate. B. The Director may enter into interagency agreements in order to administer the responsibilities pursuant to the provisions of this act including, but not limited to, the receipt of proceeds for the provision of services provided by Service Oklahoma. C. The Director may enter into interagency agreements with the Department of Public Safety to assume control over the operations or management and acquire ownership of any satellite offices of the Department of Public Safety that provide driving services. |SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-109 of Title 47, unless there is created a duplication in numbering, reads as follows: On the effective date of this act, the administrative rules related to any services provided by Service Oklahoma previously promulgated by the Department of Public Safety, the Oklahoma Tax Commission, or any other state agency shall be transferred to and become a part of the administrative rules of Service Oklahoma. The Office of Administrative Rules in the Office of the Secretary of State shall provide adequate notice in the Oklahoma Register of the transferred rules and shall place the transferred rules under the Administrative Code section of Service Oklahoma. On the effective date of this act, any amendment, repeal, or addition to the transferred rules shall be under the rulemaking authority of Service Oklahoma. |SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-110 of Title 47, unless there is created a duplication in numbering, reads as follows: A. Officers and employees of Service Oklahoma designated by the Director, for the purpose of administering the motor vehicle laws of this state, are authorized to administer oaths and acknowledge signatures and shall do so without fee. B. The Director and such officers and employees of Service Oklahoma as the Director may designate are hereby authorized to prepare under the seal of Service Oklahoma and deliver upon request a certified copy of any record of Service Oklahoma, charging a fee of Three Dollars ($3.00) for each record so certified, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof. A certification fee shall be charged: 1. Only if the person requesting the record specifically requests that the record be certified; and 2. In addition to the copying and reproduction fees provided by the Oklahoma Open Records Act and any other applicable law. C. The Director and any other officers and employees of Service Oklahoma as the Director may designate are hereby authorized to provide a copy of any record required to be maintained by Service Oklahoma at no charge to any of the following government agencies when requested in the performance of official governmental duties: 1. The driver license agency of any other state; 2. Any court, district attorney, or municipal prosecutor in this state or any other state; 3. Any law enforcement agency in this state or any other state or any federal agency empowered by law to make arrests for public offenses; 4. Any public school district in this state for purposes of providing the Motor Vehicle Report of a currently employed school bus driver or person making application for employment as a school bus driver; 5. The Department of Human Services for the purpose of providing the Motor Vehicle Report to ascertain the suitability of any person being considered by the Department of Human Services for placement of a child in foster care or for adoption of the child; 6. The Office of Juvenile Affairs for the purpose of providing the Motor Vehicle Report to ascertain the suitability of any person being considered by the Office of Juvenile Affairs for placement of a child in foster care; 7. Any nonprofit provider exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and contracted by the Developmental Disabilities Service Division of the Department of Human Services; or 8. Any state agency in this state. D. Any record required to be maintained by Service Oklahoma may be released to any other entity free of charge when the release of the record would be for the benefit of the public, as determined by the Director or a designee of the Director. E. The following records shall be provided by Service Oklahoma to any authorized recipient, pursuant to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, upon payment of the appropriate fees for the records: 1. A Motor Vehicle Report, as defined in Section 6-117 of Title 47 of the Oklahoma Statutes; and 2. A copy of any driving record related to the Motor Vehicle Report. F. 1. The provisions of subsections B, D, and E of this section and the Oklahoma Open Records Act shall not apply to the release of personal information from any driving record of any person. Such personal information shall be confidential except as provided for in this subsection or in the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. Upon written request to the Director of Service Oklahoma by a law enforcement agency or another state's or country's driver licensing agency for personal information on a specific individual as named or otherwise identified in the written request, to be used in the official capacity of the agency, the Director may release such personal information to the agency pursuant to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. Provided, the provisions of this subsection or any other provision of this act shall not be construed to keep audio or video recordings of Service Oklahoma confidential beyond any exception provided for in the Oklahoma Open Records Act. 2. For the purposes of this subsection, "personal information" means information which identifies a person, including, but not limited to: a photograph or image in computerized format of the person, fingerprint image in computerized format, signature or signature in computerized format, Social Security number, residence address, mailing address, and medical or disability information. |SECTION 11. AMENDATORY 14A O.S. 2021, Section 2-202.1, is amended to read as follows: Section 2-202.1 The seller may charge and collect from the buyer a fee for each return by a bank or other depository institution of a dishonored check, negotiable order of withdrawal or share draft issued by the buyer in connection with a consumer credit sale. The amount of the fee shall be limited to the amount which the Oklahoma Tax Commission , Service Oklahoma, or a motor license agent licensed operator may charge and collect pursuant to the provisions of Section 1121 of Title 47 of the Oklahoma Statutes. This fee shall be in addition to all other credit service charges, fees or additional charges which the seller may charge and collect from the buyer under this Code. |SECTION 12. AMENDATORY 14A O.S. 2021, Section 3-202.1, is amended to read as follows: Section 3-202.1 The lender of a consumer loan may charge and collect from the debtor a fee for each return by a bank or other depository institution of a dishonored check, negotiable order of withdrawal or share draft issued by the debtor in connection with the consumer loan. The amount of the fee shall be limited to the amount which the Oklahoma Tax Commission , Service Oklahoma, or a motor license agent licensed operator may charge and collect pursuant to the provisions of Section 1121 of Title 47 of the Oklahoma Statutes. This fee shall be in addition to all other loan finance charges, fees and additional charges which the lender may charge and collect from the debtor under this Code and shall not be subject to refund or rebate. |SECTION 13. AMENDATORY 26 O.S. 2021, Section 3-111, is amended to read as follows: Section 3-111. A. In each even-numbered year and at such other times as he or she deems necessary, the Secretary of the State Election Board shall cause to be conducted a training program in each county for precinct inspectors, judges, clerks and other precinct officials. B. 1. The Secretary of the State Election Board shall determine the method by which such training is provided, and develop the curriculum for such training. 2. Only persons authorized by the Secretary of the State Election Board, and instructed in a manner to be determined by the Secretary, shall conduct the training of precinct officials. C. 1. Persons attending such training programs prior to January 1, 2021, shall be paid Twenty-five Dollars ($25.00) from state funds after completing such training, through a procedure prescribed by the Secretary of the State Election Board that conforms as nearly as practicable with Section 3-105.1 of this title and . Beginning January 1, 2021, the training payment shall increase to Thirty-five Dollars ($35.00). 2. Persons attending such training programs shall be allowed mileage reimbursement at the rate provided by the State Travel Reimbursement Act to be paid from county funds. D. 1. In addition to the training described in subsection A of this section, the Secretary of the State Election Board may develop supplemental training programs or materials. 2. Supplemental training may be provided by correspondence or by a remote method that does not require the personal attendance of a trainee. 3. No payment shall be provided to a person for supplemental training for which the person's personal attendance at a training site is not required. E. The Secretary shall prescribe procedures for training of motor license agents licensed operators , officials of voter registration agencies and others responsible for voter registration activities. |SECTION 14. AMENDATORY 26 O.S. 2021, Section 4-103.1, is amended to read as follows: Section 4-103.1 A. A qualified elector may apply to register to vote or update a registration to vote by: 1. Delivering by mail or otherwise a completed voter registration application to the State Election Board or any county election board; 2. Completing a voter registration application in person with any official of an agency described in Section 4-109.2 of this title; 3. Completing a voter registration application in person as part of an application for issuance, renewal or change of address for a driver license or issuance of a state identification card issued pursuant to Section 6-105 of Title 47 of the Oklahoma Statutes with a designated representative of the Department of Public Safety Service Oklahoma ; or 4. Completing a voter registration application electronically as provided in Section 4-109.4 of this title. B. The secretary of the county election board for the county of the applicant's residence shall send to each applicant by nonforwardable, first-class United States mail a notice of the disposition of the application. Notice mailing costs shall be paid by the county. Provided, the Secretary of the State Election Board may authorize such notices to be sent by electronic means for voter registration applications submitted electronically. |SECTION 15. AMENDATORY 26 O.S. 2021, Section 4-109.3, is amended to read as follows: Section 4-109.3 A. When a qualified elector applies for issuance or renewal of an Oklahoma driver license, or issuance of a state identification card issued pursuant to Section 6-105 of Title 47 of the Oklahoma Statutes, he or she shall be provided voter registration services as required by the National Voter Registration Act. All completed paper voter registration applications shall be transmitted by the agency accepting the application at the close of business each week to the State Election Board in preaddressed, postage prepaid envelopes provided by the State Election Board. If a person registers or declines to register to vote, the office at which the person submits the voter registration application or the fact that the person declined to register shall remain confidential and will be used only for voter registration purposes. B. A change of address for an Oklahoma driver license or state identification card submitted by a registered voter shall also serve as a change of address for voter registration purposes if the new address is within the same county where the voter is registered to vote. If the new address is outside the county where the voter is currently registered to vote, the voter shall be sent a notice and application with instructions for registering to vote at the new address. A change of address for an Oklahoma driver license or state identification card shall not be used to update a voter registration address if the registrant states in writing that the change of address is not for voter registration purposes. C. Motor license agents Licensed operators shall receive fifty cents ($0.50) per valid paper voter registration application or application for change in voter registration taken by themselves and employees of the motor license agent's licensed operator's office taken at the agent's licensed operator's office, payable by the State Election Board. D. The Oklahoma Tax Commission Service Oklahoma shall notify the Secretary of the State Election Board of motor license agent licensed operator appointments. The Oklahoma Department of Public Safety Service Oklahoma shall notify the Secretary of the State Election Board of motor license agents licensed operators qualified to issue driver licenses. E. The Secretary of the State Election Board is authorized to develop with the Department of Public Safety Service Oklahoma a system to electronically transmit voter registration applications from motor license agencies licensed operators to the State Election Board or county election boards. Such system shall be consistent with the requirements for electronic submission of voter registration applications provided in Section 4-109.4 of this title. F. The Secretary of the State Election Board shall promulgate rules and procedures to implement the requirements of this section. |SECTION 16. AMENDATORY 26 O.S. 2021, Section 4-109.4, is amended to read as follows: Section 4-109.4 A. A person may submit a voter registration application electronically as provided in this section if such person: 1. Has a current and valid Oklahoma driver license or identification card issued by the Department of Public Safety Service Oklahoma pursuant to the provisions of Section 6-101 et seq. of Title 47 of the Oklahoma Statutes; 2. Is registering to vote at the address shown on the driver license or identification card; and 3. Is a qualified elector and entitled to become a registered voter as provided by law. B. The Secretary of the State Election Board, subject to available funding, shall establish a secure website to permit persons described in subsection A of this section to submit voter registration applications electronically. The website must permit such persons to submit an application to register to vote or to update an existing registration. The Secretary may employ security measures he or she deems necessary to ensure the accuracy and integrity of voter registration applications submitted electronically and may establish an initial date on which voter registration applications may be submitted electronically after establishment of the website. C. 1. The applicant must attest to the truth of the information provided on the application by affirmatively accepting the information as true and correct. Any person who submits false information on an electronic voter registration application shall be deemed guilty of a felony as described in Sections 16-103 and 16- 103.1 of this title. 2. The applicant must consent to the comparison of the information entered into an electronic voter registration application to the information contained in his or her driver license or identification card record and also to the use of the signature included in the driver license or identification card record for voter registration purposes. 3. A voter registration application properly submitted electronically shall be processed by the State Election Board and the appropriate county election board in the same manner as a voter registration application submitted on a paper form. D. 1. When an applicant submits a voter registration application electronically, the Secretary shall generate an electronic confirmation on the website that the application has been received, with instructions as to how the applicant may check the status of the application thereafter. 2. a. The Secretary shall submit the information entered into the electronic voter registration application by the applicant to the Department of Public Safety Service Oklahoma for comparison to the record of the applicant's driver license or identification card. b. The Department of Public Safety Service Oklahoma shall respond to the submission and shall indicate if the information submitted matches the information in the applicant's driver license record. c. If the information matches, the electronic voter registration application may proceed and the Department of Public Safety Service Oklahoma shall provide the State Election Board with the digital image of the signature included in the applicant's driver license or identification card record. If the information does not match, the application shall not proceed, and the applicant shall be notified of the failed match and may be provided information and instruction for updating the driver license or identification card record with the Department of Public Safety Service Oklahoma . 3. a. Following a match of records by the Department of Public Safety Service Oklahoma described in subparagraph b of paragraph 2 of this subsection, and if the Secretary finds that the electronic voter registration application is in compliance with this section and all applicable laws relating to voter registration, the digital image of the signature from the applicant's driver license or identification card record shall be included on the application and the application shall be submitted and processed as provided by law. Provided, the Secretary of the State Election Board is authorized to designate an alternative method of obtaining the signature of the applicant, if necessary. b. If the Secretary does not find that the electronic voter registration application is in compliance with this section and all applicable laws relating to voter registration, the applicant shall be notified that the electronic voter registration application cannot be submitted and the reasons it cannot be submitted, and shall provide information about other methods to submit a voter registration application. E. The provisions of Section 24A.5 of Title 51 of the Oklahoma Statutes relating to confidentiality of personal information within driver records as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, shall be applicable to information obtained by the State Election Board from the Department of Public Safety Service Oklahoma during the information matching procedure described in this section. Provided, however, this subsection shall not apply to information entered into the electronic voter registration application by the voter registration applicant nor to the digital image of the applicant's signature provided to the Secretary of the State Election Board by the Department of Public Safety Service Oklahoma , upon the consent of the applicant, for use on the electronic voter registration application as provided in this section. F. The Secretary of the State Election Board may establish a system whereby a registered voter may electronically submit a change to his or her voter registration information, including a change of name, political party affiliation or address of residence within the county in which the voter is currently registered to vote. An electronically submitted change in voter registration information shall include: 1. Such information as the Secretary of the State Election Board deems necessary to confirm the identity of the voter; and 2. An oath that the voter is eligible to register to vote in Oklahoma. Upon receipt of a valid electronically submitted change in voter registration, the secretary of the appropriate county election board shall update the voter's registration information in the voter registration database and shall file a notation of such changes with the voter's original voter registration application. G. The Secretary shall promulgate rules as may be necessary to implement the provisions of this section. |SECTION 17. AMENDATORY 26 O.S. 2021, Section 4-110.1, is amended to read as follows: Section 4-110.1 A. Voter registration applications may be submitted at any time. However, completed applications received by the State Election Board, any county election board, any agency designated to accept voter registration applications or any motor license agent licensed operator as part of a driver license or identification card application twenty-four (24) or fewer days prior to an election ; or any mail application postmarked or any electronic application submitted twenty-four (24) or fewer days prior to an election or any mail application received without a postmark nineteen (19) or fewer days prior to an election shall not be approved for that election if the applicant's residence is located within the geographical boundaries of the entity for which the election is being conducted. B. No more than seven (7) days after any election, each county election board secretary for the county of the applicant's residence shall send a notice of disposition as required in Section 4-103.1 of this title to all persons whose voter registration applications were received twenty-four (24) or fewer days prior to the election. C. Registration for voting purposes occurs when a completed voter registration application is approved by the county election board secretary for the county of the applicant's residence and on the date that the information is entered into the voter registration database for the county of the applicant's residence. D. Registration for candidate filing or party affiliation purposes occurs at the earliest time the completed voter registration application is received at the State Election Board, any county election board, any agency designated to accept voter registration applications or any Motor License Agent licensed operator as part of a driver license or identification card application provided that the application subsequently is approved by the secretary of the county election board for the county of the applicant's residence; or, in the case of mail applications, registration for candidate filing or party affiliation purposes shall occur at the time when the completed voter registration application is postmarked provided that the application subsequently is approved by the secretary of the county election board for the county of the applicant's residence; or, in the case of a mail application received without a postmark, registration for candidate filing or party affiliation purposes shall occur at the earliest time when the completed application is received by the State Election Board or any county election board provided that the application is subsequently approved by the secretary of the county election board for the county of the applicant's residence. E. Registration for any purpose of a person who is under the age of eighteen (18) years and who has submitted an application pursuant to the provisions of subsection B of Section 4-103 of this title occurs upon the eighteenth birthday of the person, regardless of the time the application is received or approved. |SECTION 18. AMENDATORY 26 O.S. 2021, Section 4-112, is amended to read as follows: Section 4-112. A. The Secretary of the State Election Board shall devise and distribute a registration application form to be used for registering voters. Such registration application shall contain the following information: 1. The applicant's full name and date of birth, county and place of residence, and mailing address pursuant to the provisions of subsection G of this section; 2. A space or section to designate a political party recognized by the laws of the State of Oklahoma with which the applicant chooses to be affiliated; 3. The Oklahoma driver license or identification card number if the applicant has been issued a current and valid driver license or identification card by the Department of Public Safety Service Oklahoma , or if the applicant does not have a valid Oklahoma driver license or identification card, the last four digits of the voter's Social Security number; 4. An oath of the eligibility of the applicant to become a registered voter; and 5. Such other information as may be deemed necessary by the Secretary to identify such applicant and to ascertain his or her eligibility. B. A voter registration application shall be signed by the applicant in writing. The applicant shall personally subscribe his or her name to or make his or her mark on the application, and no agent, representative or employee of the applicant may sign or mark on the applicant's behalf. The signature or mark must be the original, handwritten signature, autograph or mark of the applicant. No facsimile, reproduction, typewritten or other substitute signature, autograph or mark will be valid. Notwithstanding any law to the contrary, the Secretary of the State Election Board shall prescribe procedures to authorize any person incapable of personally making a mark to complete a voter registration application with assistance of an official of any voter registration agency or motor license agency licensed operator specified in Sections 4-109.2 and 4-109.3 of this title. Provided, for applications submitted electronically, in lieu of the signature requirements set forth in this subsection, the applicant shall consent to the use of his or her driver license or identification card signature as provided in Section 4-109.4 of this title. C. Persons who do not indicate a recognized political party or political organization on their registration application shall be designated as Independents. D. Any person may apply in writing to the Secretary of the State Election Board for permission to print, copy or otherwise prepare and distribute the registration applications designed by the Secretary of the State Election Board. The Secretary may revoke any such permission at any time. E. All registration applications shall be distributed to the public at no charge. F. The Secretary also shall prescribe procedures to accept and use the National Mail Voter Registration Form, or its successor, as required by the National Voter Registration Act of 1993. Provided, to be accepted as a valid voter registration application, the form shall include the applicant's original, handwritten signature, autograph or mark as described in subsection B of this section. G. Applicants for voter registration or for change of voter registration in any way shall provide a residence address and, if different from the residence address, a mailing address. A residence address shall include the street address of the residence, including a full house number, street name or number, apartment or suite number, if applicable, and ZIP code. If a street address is not available for the residence, applicants shall provide such information as the Secretary of the State Election Board deems necessary for voter registration purposes. A post office box may not be given as a residence address. A mailing address, which shall include the city and ZIP code, may be the actual emergency notification or 911 address on file in the local community, a rural route and box number, a post office box number or a street address. H. A full or partial Social Security number or driver license number in a voter registration record or a voter registration application shall not be considered a public record and shall be kept confidential by the State Election Board and each county election board. |SECTION 19. AMENDATORY 26 O.S. 2021, Section 4-120.2, is amended to read as follows: Section 4-120.2 A. No later than June 1 of each odd-numbered year, any voter identified within the previous twenty-four (24) months as subject to the provisions of this subsection shall be sent an address confirmation mailing prescribed by the Secretary of the State Election Board and paid for by the state. The following shall be subject to the provisions of this subsection: 1. Any voter for whom a first-class mailing from the county election board or the State Election Board was returned; 2. Any voter identified by the Secretary of the State Election Board as a potential duplicate voter in another county in this state or in another state; 3. Any voter who has surrendered his or her Oklahoma driver license to the Department of Public Safety Service Oklahoma upon being issued a driver license in another state; 4. Any voter identified in subsection C of Section 4-118.1 of this title who has not updated his or her voter registration; 5. Any registered voter identified in subsection F of Section 4-120.3 of this title whose voter registration has not been canceled; 6. Any active registered voter who did not vote in the second previous general election or any election conducted by a county election board since the second previous general election and who has initiated no voter registration change; and 7. Any registered voter who was sent a notice and application to update a voter registration address as required by subsection B of Section 4-109.3 of this title, but whose voter registration address has not been updated or canceled. Voters who do not respond to the confirmation mailing or whose mailing is returned as nonforwardable or undeliverable as addressed shall be designated as inactive sixty (60) days after the mailing. B. An inactive voter's status shall be changed to active under the following conditions: 1. With any registration change initiated by the voter; or 2. By voting in any election conducted by a county election board. An inactive voter who does not vote in any election conducted by a county election board during the period beginning on the date of the confirmation mailing and ending on the day after the date of the second successive general election for federal office shall be removed as a registered voter and all the information on that voter shall be destroyed. Each county election board secretary shall maintain a list of the names and addresses of all persons sent a confirmation mailing as described in this section and information on whether or not each such person has responded to the notice. The list shall be maintained for twenty-four (24) months following the date of the second successive federal general election after the date of the confirmation mailing. C. The secretary of each county election board shall cause all inactive voters in a precinct to be identified on the precinct registry. D. No later than June 1 of each odd-numbered year, the Secretary of the State Election Board shall identify duplicate voter registrations in the state and shall direct appropriate county election board secretaries to cancel the voter registration of all but the latest registration of duplicate voter registrations. Each county election board secretary shall maintain for twenty-four (24) months a list of the names and addresses of all canceled duplicate voter registrations. For the purposes of this subsection, duplicate voter registrations are those registrations which contain the following identical information on more than one registration: 1. First name, middle name or initial, last name, and date of birth; 2. Driver license number and date of birth; or 3. Last name, date of birth, and the last four digits of the Social Security number. |SECTION 20. AMENDATORY 26 O.S. 2021, Section 4-121, is amended to read as follows: Section 4-121. A. The Secretary of the State Election Board may join the State of Oklahoma as a member in one or more multistate voter list maintenance organizations including, but not limited to, the Electronic Registration Information Center (ERIC) or its successor. The Secretary is authorized to expend funds as available for membership fees, dues and other expenses related to such membership. B. Upon membership in an organization as provided in subsection A of this section, the Secretary of the State Election Board may provide voter registration data to the organization and the Department of Public Safety Service Oklahoma may provide motor vehicle license data to the organization if such data is required to be provided as a condition of membership. The voter registration data and motor vehicle license data described in this subsection may include a person's name, address, date of birth, driver license or state identification number, last four digits of a Social Security number or any other data required by the organization. The transmission and storage of such data shall be done in a secure manner. C. If a multistate voter list maintenance organization of which this state is a member identifies Oklahoma residents who are citizens of the United States eligible to vote but not yet registered, the Secretary of the State Election Board may notify such citizens about the procedure for becoming a registered voter in this state. The Secretary may delegate the contacting of such citizens to the secretary of the appropriate county election board. D. If a multistate voter list maintenance organization of which this state is a member provides United States Postal Service National Change of Address data regarding registered voters who have changed their address of residence within the state, the Secretary of the State Election Board may use the data pursuant to the provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the Oklahoma Statutes this title or the federal National Voter Registration Act. |SECTION 21. AMENDATORY 27A O.S. 2021, Section 2-11- 401.2, is amended to read as follows: Section 2-11-401.2 A. 1. Except as otherwise provided by this section, the following assessments shall be made for tires for use on vehicles: a. at the time any tire: (1) for an automobile as defined in the Oklahoma Used Tire Recycling Act or a tire with a rim diameter of less than or equal to nineteen and one-half (19 1/2) inches is sold by a tire dealer, there shall be assessed a used tire recycling fee of Two Dollars and ninety cents ($2.90) per tire, (2) for vehicles other than automobiles as defined by the Oklahoma Used Tire Recycling Act with a rim diameter greater than nineteen and one-half (19 1/2) inches and a tread width of twelve (12) inches or less is sold by a tire dealer, there shall be assessed a used tire recycling fee of Five Dollars and fifty cents ($5.50) per tire, (3) with a rim diameter greater than nineteen and one-half (19 1/2) inches and a tread width of greater than twelve (12) inches is sold by a tire dealer, there shall be assessed a used tire recycling fee of Ten Dollars ($10.00) per tire, and (4) is sold by a tire dealer for use on a motorcycle or motor-driven cycle, there shall be assessed a used tire recycling fee of One Dollar ($1.00) per tire, b. at any time an automobile as defined by the Oklahoma Used Tire Recycling Act or a motor vehicle with a tire rim diameter of less than or equal to nineteen and one-half (19 1/2) inches is first registered in this state, there shall be assessed a used tire recycling fee of Two Dollars and ninety cents ($2.90) per tire, except as otherwise provided by subparagraphs e and f of this paragraph, c. at any time a vehicle other than an automobile as defined by the Oklahoma Used Tire Recycling Act with a tire rim diameter of greater than nineteen and one- half (19 1/2) inches is first registered in this state, there shall be assessed a used tire recycling fee of Five Dollars and fifty cents ($5.50) per tire, except as otherwise provided by subparagraphs e, f and g of this paragraph, d. at any time a trailer or semitrailer with a tire rim diameter of less than or equal to nineteen and one- half (19 1/2) inches is first titled in this state, there shall be assessed a used tire recycling fee of Two Dollars and ninety cents ($2.90) per tire, e. at any time a motorcycle or motor-driven cycle is first registered in this state, there shall be assessed a used tire recycling fee of One Dollar ($1.00) per tire, f. at the time a motor vehicle is first titled in this state, to be registered under the provisions of Section 1120 of Title 47 of the Oklahoma Statutes, there shall be assessed a used tire recycling fee of Seven Dollars ($7.00), and g. at the time a trailer or semitrailer is first titled in this state, to be registered under the provisions of Section 1133 of Title 47 of the Oklahoma Statutes, there shall be assessed a used tire recycling fee of Five Dollars ($5.00). 2. No fee shall be assessed by a tire dealer for reusable tires or retreaded tires for which the tire dealer can document that the recycling fee has been previously paid. 3. All-terrain vehicles and off-road motorcycles registered pursuant to the provisions of Section 1132 of Title 47 of the Oklahoma Statutes shall be exempt from the provisions of this section. B. 1. For tires used on implements of husbandry and agricultural equipment with a rim diameter of less than or equal to nineteen and one-half (19 1/2) inches and that are less than thirty (30) inches in total diameter, there shall be assessed a used tire recycling fee of Two Dollars and ninety cents ($2.90) per tire. 2. For tires used on implements of husbandry and agricultural equipment with a rim diameter of greater than nineteen and one-half (19 1/2) inches and that are less than thirty (30) inches in total diameter, there shall be assessed a used tire recycling fee of Five Dollars and fifty cents ($5.50) per tire. 3. For tires used on implements of husbandry and agricultural equipment that are greater than thirty (30) inches in total diameter and less than or equal to forty-four (44) inches in total diameter, there shall be assessed a used tire recycling fee of Eight Dollars ($8.00) per tire. No fee shall be assessed by a tire dealer if the customer retains the used agricultural tire for use on a farm or ranch. The customer may return the used tire to the tire dealer at a later date and shall be assessed the proper fee. 4. For tires used on implements of husbandry and agricultural equipment that are greater than forty-four (44) inches in total diameter and less than or equal to seventy-two (72) inches in total diameter and not more than thirty (30) inches wide, there shall be assessed a used tire recycling fee of Sixteen Dollars ($16.00) per tire. No fee shall be assessed by a tire dealer if the customer retains the used agricultural tire for use on a farm or ranch. The customer may return the used tire to the tire dealer at a later date and shall be assessed the proper fee. 5. A tire dealer may pay the assessed fee for any used agricultural tire in current inventory and include that tire in the used tire recycling program. C. 1. The tire dealer and motor license agent licensed operator shall remit such fee to the Oklahoma Tax Commission in the same manner as provided by Section 1365 of Title 68 of the Oklahoma Statutes. 2. Except as otherwise provided by this section, the tire dealer shall remit to the Tax Commission ninety-seven and three- quarters percent (97.75%) of the fee due pursuant to this section at the time of filing any report as required by the Tax Commission. 3. Motor license agents Licensed operators shall remit ninety percent (90%) of the fee assessed on each vehicle registered. 4. Failure to remit the fee at the time of filing the returns shall cause the fee to become delinquent. If the fee becomes delinquent the tire dealer or motor license agent licensed operator forfeits any claim to the discount authorized by this section and shall remit to the Tax Commission one hundred percent (100%) of the amount of the fee due plus any penalty due. D. If the fee imposed or levied by subsection A of this section, or any part of such amount, is not paid before the fee becomes delinquent, there shall be collected on the total delinquent fee interest at the rate of one and one-quarter percent (1 1/4%) per month from the date of the delinquency until paid. E. If any fee due under subsection A of this section, or any part thereof, is not paid within fifteen (15) days after the fee becomes delinquent, a penalty of ten percent (10%) on the total amount of fee due and delinquent shall be added and paid. F. All penalties or interest imposed by this section shall be recoverable by the Tax Commission as a part of the fee imposed and all penalties and interest shall be apportioned the same as the fee on which the penalties or interest are collected. |SECTION 22. AMENDATORY 27A O.S. 2021, Section 2-11- 401.6, is amended to read as follows: Section 2-11-401.6 A. 1. The Oklahoma Tax Commission shall promulgate rules to carry out the provisions of the Oklahoma Used Tire Recycling Act which pertain to the remittance of fees and to the payment of monies accruing to the Used Tire Recycling Indemnity Fund. 2. Upon receipt of any referral from the Department of Environmental Quality, as set out in paragraph 7 of subsection B of this section, it shall be the duty of the Tax Commission to promptly undertake proceedings in accordance with the recommendations of the Department. The Tax Commission shall timely report the results of the proceedings to the Department. 3. On a monthly basis, the Tax Commission shall provide to the Department a report of the fees remitted by each tire dealer and motor license agent licensed operator pursuant to Section 2-11-401.2 of this title. B. 1. The Department of Environmental Quality shall prescribe forms, containing documentation as required by the Oklahoma Used Tire Recycling Act, to be used by a used tire recycling facility, TDF facility, or person, corporation or other legal entity authorized to receive reimbursement. 2. On at least a monthly basis, the Department shall evaluate and process applications and shall report to the Tax Commission compliance and allocation information necessary for the Tax Commission to issue payment of monies from the fund. 3. The Department shall make periodic inspections of applicants for compensation to ensure compliance with the provisions of Section 2-11-401.4 of this title. The Department shall submit a summary of the results of those inspections in an annual report to the office of the State Auditor and Inspector. 4. The Environmental Quality Board shall promulgate rules for the permitting of used tire recycling facilities under the Oklahoma Solid Waste Management Act and for the certification of any entity to receive compensation under the provisions of the Oklahoma Used Tire Recycling Act. 5. The Department shall file a report with the Legislature and the Governor detailing the administration of the Oklahoma Used Tire Recycling Act and its effectiveness in bringing about the cleanup of existing used tire dumps and in preventing the development of new dumps. The first report shall be filed by no later than December 31, 1992. Subsequent reports shall be filed every three (3) years thereafter. 6. In developing the priority cleanup list, the Department shall prioritize those dumps where the landowner was a victim of illegal dumping. Any other tire dump may be placed on the priority cleanup list in cases where the administrative enforcement process has been exhausted, and in such case, the Department may provide for the cleanup of the dump pursuant to Section 2-11-401.7 of this title. 7. The Department shall make periodic inspections of tire dealers and motor license agents licensed operators throughout this state to ensure compliance with the provisions of Section 2-11-401.2 of this title. Upon a finding of any failure to properly remit the appropriate fee to the Tax Commission, the Department shall give written notice to the alleged violator and may commence administrative enforcement proceedings or civil proceedings in conformance with the provisions of Sections 2-3-502 and 2-3-504 of this title. If the Department determines that the fee has not been paid and there is no reasonable cause for the nonpayment, the Department may assess a penalty of double the amount that should have been remitted, to be added to the delinquent fee. If the Department determines any tire dealer or motor license agent licensed operator has demonstrated a flagrant or repeated disregard of the provisions of Section 2-11-401.2 of this title, it shall refer such determination to the Tax Commission. C. 1. By August 1, 1994, and every even year thereafter, the State Auditor and Inspector shall perform or shall contract with an auditor or auditing company to perform an independent audit, as defined in paragraph 4 of subsection B of Section 212 of Title 74 of the Oklahoma Statutes, of the books, records, files and other such documents of the Tax Commission and the Department pertaining to the administration of the Fund. The audit shall include, but shall not be limited to, a review of agency and claimant compliance with state statutes regarding the Fund, internal control procedures, adequacy of claim process expenditures from and debits of the Fund regarding reimbursements, administration, personnel, operating and other expenses charged by the Tax Commission and Department, and the duties performed in detail by agency personnel and Fund personnel for which payment is made from the Fund. In addition the audit shall include recommendations for improving claim processing, equipment needed for claim processing, internal control or structure for administering the Fund, and such other areas deemed necessary by the State Auditor and Inspector. 2. The cost of the audit shall be borne by the Fund, pursuant to the limits and provisions of Section 2-11-401.4 of this title. 3. Copies of the audit shall be submitted to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Chairs of the Appropriations Committee of both the Oklahoma House of Representatives and the Oklahoma State Senate. |SECTION 23. AMENDATORY 47 O.S. 2021, Section 1-107, is amended to read as follows: Section 1-107. The annulment or termination by formal action of the Department Service Oklahoma of a person's driver's driver license because of some error or defect in the license or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation. |SECTION 24. AMENDATORY 47 O.S. 2021, Section 1-114, is amended to read as follows: Section 1-114. A. "Driver" means any person who drives, operates or is in actual physical control of a vehicle. B. "Driver license" means a document issued by the Department of Public Safety Service Oklahoma or the driver licensing agency of another state or country which grants to the person named thereon the privilege to drive, operate or be in actual physical control of a motor vehicle. The term shall include an intermediate Class D driver license, a learner permit and commercial learner permit. |SECTION 25. AMENDATORY 47 O.S. 2021, Section 1-124, is amended to read as follows: Section 1-124. The numbers, and letters if any, on a vehicle designated by the Oklahoma Tax Commission Service Oklahoma are for the purpose of identifying the vehicle. |SECTION 26. AMENDATORY 47 O.S. 2021, Section 1-155, is amended to read as follows: Section 1-155. The "Revocation of driving privilege" means the termination by formal action of the Department Service Oklahoma of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to the Department Service Oklahoma of said the person's driver license. |SECTION 27. AMENDATORY 47 O.S. 2021, Section 1-173, is amended to read as follows: Section 1-173. The "Suspension of driving privilege" means the temporary withdrawal by formal action of the Department Service Oklahoma of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to the Department Service Oklahoma of said the person's driver license. |SECTION 28. AMENDATORY 47 O.S. 2021, Section 2-106, is amended to read as follows: Section 2-106. A. There is hereby established in the Department of Public Safety Service Oklahoma the Driver License Services Division and other such divisions as the Director of Service Oklahoma may direct. There is also hereby established in the Department of Public Safety the Driver Compliance Division and such other divisions as the Commissioner of Public Safety may direct. B. The Driver License Services Division shall consist of noncommissioned classified employees of the Department Service Oklahoma who may administer tests for the purpose of issuing driver licenses pursuant to Section 6-101 et seq. of this title. C. Any employee appointed to the position of Driver License Examiner shall be not less than twenty-one (21) nor more than sixty- five (65) years of age and any person appointed to the position of Senior Driver License Examiner shall have held the position of Driver License Examiner with the Department or Service Oklahoma for not less than three (3) years immediately preceding such appointment. D. 1. Any person appointed to any position created pursuant to this section shall: a. be a citizen of the State of Oklahoma, b. be of good moral character, c. possess a high school diploma or General Educational Development equivalency certificate, and d. meet physical and mental standards as the Commissioner Director of Service Oklahoma may prescribe. The scope of the physical and mental examinations for persons appointed as a Driver License Examiner or Senior Driver License Examiner shall be as prescribed by the Commissioner Director of Service Oklahoma . 2. Any person appointed to the position of Driver License Examiner shall be required to complete satisfactorily a course of training as prescribed by the Commissioner Director of Service Oklahoma . E. Drunkenness, being under the influence of an intoxicating substance or any conduct not becoming an officer or public employee shall be sufficient grounds for the removal of any employee appointed pursuant to this section. F. The annual salaries of personnel comprising this section shall be in accordance and conformity with the findings for Department of Public Safety law enforcement personnel of the State of Oklahoma Total Remuneration Study of 2013. |SECTION 29. AMENDATORY 47 O.S. 2021, Section 2-108.3, is amended to read as follows: Section 2-108.3 A. In an effort to improve the public safety of all citizens of this state, a more uniform and expeditious method of obtaining ownership and registration information of all motor vehicles operating on the roads and highways of this state is required. Any method developed shall be conducted in accordance with subsection B of this section. B. In addition to the powers and duties prescribed by law, the Commissioner of Public Safety Director of Service Oklahoma shall be authorized to direct the Department of Public Safety Service Oklahoma to develop a proposal for an intergovernmental cooperative agreement pursuant to paragraph 1 of subsection D of Section 1221 of Title 74 of the Oklahoma Statutes between the Department and all tribal governments that issue tribal license plates and maintain ownership and registration information. |SECTION 30. AMENDATORY 47 O.S. 2021, Section 2-109, is amended to read as follows: Section 2-109. The Commissioner shall prescribe and provide suitable forms of applications, driver licenses and all other forms requisite or deemed necessary to carry out the provisions of this title and any other laws the enforcement and administration of which are vested in the Department. |SECTION 31. AMENDATORY 47 O.S. 2021, Section 2-110, is amended to read as follows: Section 2-110. A. Officers and employees of the Department of Public Safety designated by the Commissioner, for the purpose of administering the motor vehicle laws, are authorized to administer oaths and acknowledge signatures and shall do so without fee. B. The Commissioner and such officers of the Department as the Commissioner may designate are hereby authorized to prepare under the seal of the Department and deliver upon request a certified copy of any record of the Department, charging a fee of Three Dollars ($3.00) for each record so certified, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof. A certification fee shall be charged: 1. Only if the person requesting the record specifically requests that the record be certified; and 2. In addition to the copying and reproduction fees provided by the Oklahoma Open Records Act or any other applicable law. C. B. The Commissioner and any other officers of the Department as the Commissioner may designate are hereby authorized to provide a copy of any record required to be maintained by the Department at no charge to any of the following government agencies when requested in the performance of official governmental duties: 1. The driver license agency of any other state; 2. Any court, district attorney or municipal prosecutor in this state or any other state; 3. Any law enforcement agency in this state or any other state or any federal agency empowered by law to make arrests for public offenses; 4. Any public school district in this state for purposes of providing the Motor Vehicle Report of a currently employed school bus driver or person making application for employment as a school bus driver; 5. The Department of Human Services for the purpose of providing the Motor Vehicle Report to ascertain the suitability of any person being considered by the Department of Human Services for placement of a child in foster care or for adoption of the child; 6. The Office of Juvenile Affairs for the purpose of providing the Motor Vehicle Report to ascertain the suitability of any person being considered by the Office of Juvenile Affairs for placement of a child in foster care; 7. Any nonprofit provider exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and contracted by the Developmental Disabilities Services Service Division of the Oklahoma Department of Human Services; or 8. 5. Any state agency in this state. D. C. Any record required to be maintained by the Department may be released to any other entity free of charge when the release of the record would be for the benefit of the public, as determined by the Commissioner or a designee of the Commissioner. E. The following records shall be provided by the Department to any authorized recipient, pursuant to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, upon payment of the appropriate fees for the records: 1. A Motor Vehicle Report, as defined in Section 6-117 of this title; and 2. A copy of any driving record related to the Motor Vehicle Report. F. D. 1. The provisions of subsections B, D, and E of this section and the Oklahoma Open Records Act shall not apply to the release of personal information from any driving record of any person. Such personal information shall be confidential except as provided for in this subsection or in the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. Upon written request to the Commissioner of Public Safety by a law enforcement agency or another state's or country's driver licensing agency for personal information on a specific individual, as named or otherwise identified in the written request, to be used in the official capacity of the agency, the Commissioner may release such personal information to the agency pursuant to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. Provided, the provisions of this subsection or any other provision of this title shall not be construed to keep audio or video recordings of the Department of Public Safety confidential beyond any exceptions provided for in the Oklahoma Open Records Act. 2. For the purposes of this subsection, "personal information" means information which identifies a person, including but not limited to a photograph or image in computerized format of the person, fingerprint image in computerized format, signature or signature in computerized format, Social Security number, residence address, mailing address, and medical or disability information. |SECTION 32. AMENDATORY 47 O.S. 2021, Section 2-112, is amended to read as follows: Section 2-112. A. The Department shall examine and determine the genuineness, regularity and legality of every application , driver license and any other application lawfully made to the Department, and may in all cases make investigation as may be deemed necessary or require additional information, and shall reject any such application if not satisfied of the genuineness, regularity or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law. If a person making application to the Department presents any document to the Department which the Department has reason to believe is false, fraudulent, or being used by a person not authorized to use such document, the Department shall confiscate the document until such time it is determined by the Department whether the document is false, fraudulent, or being used by a person not authorized to use such document. B. Service Oklahoma shall examine and determine the genuineness, regularity, and legality of every application, driver license, and any other application lawfully made to Service Oklahoma, and may in all cases make investigation as may be deemed necessary or require additional information, and shall reject any such application if not satisfied of the genuineness, regularity, or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law. If a person making application to Service Oklahoma presents any document to Service Oklahoma which Service Oklahoma has reason to believe is false, fraudulent, or being used by a person not authorized to use such document, Service Oklahoma shall confiscate the document until such time it is determined by Service Oklahoma whether the document is false, fraudulent, or being used by a person not authorized to use such document. |SECTION 33. AMENDATORY 47 O.S. 2021, Section 2-113, is amended to read as follows: Section 2-113. The Department Service Oklahoma is hereby authorized to take possession of any certificate of title, registration card, permit, license or registration plate issued by the State of Oklahoma upon expiration, revocation, cancellation or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued. |SECTION 34. AMENDATORY 47 O.S. 2021, Section 2-116, is amended to read as follows: Section 2-116. Whenever the Department of Public Safety or the Oklahoma Insurance Department is authorized or required to give any notice under this act or other law regulating the operation of vehicles, unless a different method of giving such notice is otherwise expressly prescribed, such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice in an envelope with first - class postage prepaid, addressed to such person at the address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of ten (10) days after such deposit of said notice. Proof of the giving of notice in either such manner may be made by the certificate of any officer or employee of the Department or affidavit of any person over eighteen (18) years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof. Failure of the person to receive notice because of failure to notify the Department of a change in his or her current mailing address, as required by Section 6-116 of this title, shall not be sufficient grounds for the person to protest the notice. |SECTION 35. AMENDATORY 47 O.S. 2021, Section 4-107, is amended to read as follows: Section 4-107. (a) A. Any person or persons who shall destroy, remove, cover, alter or deface, or cause to be destroyed, removed, covered, altered or defaced, the engine number or other distinguishing number of any vehicle in this state, without first giving notice of such act to the Oklahoma Tax Commission Service Oklahoma , upon such form as the Commission Service Oklahoma may prescribe, or any person who shall give a wrong description in any application for the registration of any vehicle in this state for the purpose of concealing or hiding the identity of such vehicle, shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary custody of the Department of Corrections for a term of not less than one (1) year nor more than five (5) years. (b) B. A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that the identification number of the vehicle or engine has been removed or falsified, shall, upon conviction, be guilty of a misdemeanor. (c) C. A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, with knowledge that the identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, shall, upon conviction, be guilty of a felony. (d) D. A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on said vehicle with intent to conceal or misrepresent the identity of the vehicle or its owner shall, upon conviction, be guilty of a misdemeanor. (e) E. As used in this section: 1. "Identification number" includes an identifying number, serial number, engine number or other distinguishing number or mark , placed on a vehicle or engine by its manufacturer or by authority of the Oklahoma Tax Commission or in accordance with the laws of another state or country; 2. "Remove" includes deface, cover and destroy; and 3. "Falsify" includes alter and forge. (f) F. An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the Oklahoma Tax Commission Service Oklahoma without violating this section; provided an identification number so placed or restored is not falsified. |SECTION 36. AMENDATORY 47 O.S. 2021, Section 4-109, is amended to read as follows: Section 4-109. Any person who shall alter or forge, or cause to be altered or forged, any certificate of title issued by the Commission Service Oklahoma , pursuant to the provisions of this act, or any assignment thereof, or who shall hold or use any such certificate or assignment, knowing the same to have been altered or forged, shall be deemed guilty of a felony, and upon conviction thereof shall be liable to pay a fine of not less than Fifty Dollars ($50.00), nor more than Five Thousand Dollars ($5,000.00), or to imprisonment in the State Penitentiary custody of the Department of Corrections for a period of not less than one (1) year, nor more than ten (10) years, or by both such fine and imprisonment, at the discretion of the court. |SECTION 37. AMENDATORY 47 O.S. 2021, Section 6-101, is amended to read as follows: Section 6-101. A. No person, except those hereinafter expressly exempted in Sections 6-102 and 6-102.1 of this title, shall operate any motor vehicle upon a highway in this state unless the person has a valid Oklahoma driver license for the class of vehicle being operated under the provisions of this title. No person shall be permitted to possess more than one valid license at any time, except as provided in paragraph 4 of subsection F of this section. B. 1. No person shall operate a Class A commercial motor vehicle unless the person is eighteen (18) years of age or older and holds a valid Class A commercial license, except as provided in paragraph 5 of this subsection and subsection F of this section. Any person holding a valid Class A commercial license shall be permitted to operate motor vehicles in Classes A, B, C and D, except as provided for in paragraph 4 of this subsection. 2. No person shall operate a Class B commercial motor vehicle unless the person is eighteen (18) years of age or older and holds a valid Class B commercial license, except as provided in paragraph 5 of subsection F of this section. Any person holding a valid Class B commercial license shall be permitted to operate motor vehicles in Classes B, C and D, except as provided for in paragraph 4 of this subsection. 3. No person shall operate a Class C commercial motor vehicle unless the person is eighteen (18) years of age or older and holds a valid Class C commercial license, except as provided in subsection F of this section. Any person holding a valid Class C commercial license shall be permitted to operate motor vehicles in Classes C and D, except as provided for in paragraph 4 of this subsection. 4. No person under twenty-one (21) years of age shall be licensed to operate any motor vehicle which is required to be placarded for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F, except as provided in subsection F of this section; provided, a person eighteen (18) years of age or older may be licensed to operate a farm vehicle which is required to be placarded for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F, except as provided in subsection F of this section. 5. A person at least seventeen (17) years of age who successfully completes all examinations required by law may be issued by the Department Service Oklahoma : a. a restricted Class A commercial license which shall grant to the licensee the privilege to operate a Class A or Class B commercial motor vehicle for harvest purposes or a Class D motor vehicle, or b. a restricted Class B commercial license which shall grant to the licensee the privilege to operate a Class B commercial motor vehicle for harvest purposes or a Class D motor vehicle. 6. No person shall operate a Class D motor vehicle unless the person is sixteen (16) years of age or older and holds a valid Class D license, except as provided for in Section 6-102 or 6-105 of this title. Any person holding a valid Class D license shall be permitted to operate motor vehicles in Class D only. C. Any person issued a driver license pursuant to this section may exercise the privilege thereby granted upon all streets and highways in this state. D. No person shall operate a motorcycle or motor-driven cycle without having a valid Class A, B, C or D license with a motorcycle endorsement. Except as otherwise provided by law, any new applicant for an original driver license shall be required to successfully complete a written examination, vision examination and driving examination for a motorcycle as prescribed by the Department of Public Safety , in conjunction with Service Oklahoma and a certified state-approved motorcycle basic rider course approved by the Department in conjunction with Service Oklahoma if the applicant is seventeen (17) years of age or younger to be eligible for a motorcycle endorsement thereon. The written examination and driving examination for a motorcycle shall be waived by the Department of Public Safety Service Oklahoma upon verification that the person has successfully completed a certified Motorcycle Safety Foundation rider course approved by the Department in conjunction with Service Oklahoma . E. Except as otherwise provided by law, any person who lawfully possesses a valid Oklahoma driver license which is eligible for renewal shall be required to successfully complete a written examination, vision examination and driving examination for a motorcycle as prescribed by the Department , in conjunction with Service Oklahoma and a certified state-approved motorcycle basic rider course approved by the Department in conjunction with Service Oklahoma if the person is seventeen (17) years of age or younger to be eligible for a motorcycle endorsement. The written examination and driving examination for a motorcycle shall be waived by the Department of Public Safety Service Oklahoma upon verification that the person has successfully completed a certified Motorcycle Safety Foundation rider course approved by the Department in conjunction with Service Oklahoma . F. 1. Any person eighteen (18) years of age or older may apply for a restricted Class A, B or C commercial learner permit. The Department Service Oklahoma , after the applicant has passed all parts of the examination for a Class D license and has successfully passed all parts of the examination for a Class A, B or C commercial license other than the driving examination, may issue to the applicant a commercial learner permit which shall entitle the person having immediate lawful possession of the commercial learner permit and a valid Oklahoma driver license or provisional driver license pursuant to Section 6-212 of this title to operate a Class A, B or C commercial motor vehicle upon the public highways solely for the purpose of behind-the-wheel training in accordance with rules promulgated by the Department. 2. This commercial learner permit shall be issued for a period as provided in Section 6-115 of this title of one hundred eighty (180) days, which may be renewed one time for an additional one hundred eighty (180) days; provided, such commercial learner permit may be suspended, revoked, canceled, denied or disqualified at the discretion of the Department with notice to Service Oklahoma for violation of the restrictions, for failing to give the required or correct information on the application or for violation of any traffic laws of this state pertaining to the operation of a motor vehicle. Except as otherwise provided, the lawful possessor of a commercial learner permit who has been issued a commercial learner permit for a minimum of fourteen (14) days may have the restriction requiring an accompanying driver removed by satisfactorily completing a driver's examination; provided, the removal of a restriction shall not authorize the operation of a Class A, B or C commercial motor vehicle if such operation is otherwise prohibited by law. 3. No person shall apply for and the Department Service Oklahoma shall not issue an original Class A, B or C driver license until the person has been issued a commercial learner permit and held the permit for at least fourteen (14) days. Any person who currently holds a Class B or C license and who wishes to apply for another class of commercial driver license shall be required to apply for a commercial learner permit and to hold the permit for at least fourteen (14) days before applying for the Class A or B license, as applicable. Any person who currently holds a Class A, B or C license and who wishes to add an endorsement or remove a restriction for which a skills examination is required shall be required to apply for a commercial learner permit and to hold the permit for at least fourteen (14) days before applying for the endorsement. 4. A commercial learner permit shall be issued by the Department Service Oklahoma as a separate and unique document which shall be valid only in conjunction with a valid Oklahoma driver license or provisional driver license pursuant to Section 6-212 of this title, both of which shall be in the possession of the person to whom they have been issued whenever that person is operating a commercial motor vehicle as provided in this subsection. 5. After one renewal of a commercial learner permit, as provided in paragraph 2 of this subsection, a commercial permit shall not be renewed again. Any person who has held a commercial learner permit for the initial issuance period and one renewal period shall not be eligible for and the Department Service Oklahoma shall not issue another renewal of the permit; provided, the person may reapply for a new commercial learner permit, as provided for in this subsection. G. 1. For purposes of this title: a. "REAL ID Compliant Driver License" or "Identification Card" means a driver license or identification card issued by the State of Oklahoma that has been certified by the United States Department of Homeland Security (USDHS) as compliant with the requirements of the REAL ID Act of 2005, Public Law No. 109-13. A REAL ID Compliant Driver License or Identification Card and the process through which it is issued incorporate a variety of security measures designed to protect the integrity and trustworthiness of the license or card. A REAL ID Compliant Driver License or Identification Card will be clearly marked on the face indicating that it is a compliant document, and b. "REAL ID Noncompliant Driver License" or "Identification Card" means a driver license or identification card issued by the State of Oklahoma that has not been certified by the United States Department of Homeland Security (USDHS) as being compliant with the requirements of the REAL ID Act. A REAL ID Noncompliant Driver License or Identification Card will be clearly marked on the face indicating that it is not compliant with the federal REAL ID Act and is not acceptable for official federal purposes. The driver license or identification card will have a unique design or color indicator that clearly distinguishes it from a compliant license or card. 2. Original Driver License and Identification Card Issuance: a. Application for an original REAL ID Compliant or REAL ID Noncompliant Driver License or Identification Card shall be made to the Department of Public Safety Service Oklahoma . b. Department of Public Safety Service Oklahoma employees shall perform all document recognition and other requirements needed for approval of an original REAL ID Compliant or REAL ID Noncompliant Driver License or Identification Card application. c. Upon approval of an original REAL ID Compliant or REAL ID Noncompliant Driver License or Identification Card application, the applicant may take the approved application document to a motor license agent licensed operator to receive a temporary driver license or identification card. d. The motor license agent licensed operator shall process the approved REAL ID Compliant or REAL ID Noncompliant Driver License or Identification Card application and upon payment shall provide the applicant a temporary driver license or identification card. A temporary driver license or identification card shall afford the holder the privileges otherwise granted by the specific class of driver license or identification card for the period of time listed on the temporary driver license or identification card or the period of time prior to the applicant receiving a REAL ID Compliant or REAL ID Noncompliant Driver License or Identification Card, whichever time period is shorter. 3. REAL ID Compliant Driver License and Identification Card Renewal and Replacement: a. Application for renewal or replacement of a REAL ID Compliant Driver License or Identification Card may be made to the Department of Public Safety Service Oklahoma or to a motor license agent licensed operator ; provided, such motor license agent licensed operator is authorized to process application applications for REAL ID Compliant Driver Licenses and Identification Cards. A motor license agent licensed operator may process the voluntary downgrade of a REAL ID Compliant Commercial Driver License to any lower class license upon request of the licensee; provided, no additional endorsements or restrictions are placed on the license. b. Department of Public Safety Service Oklahoma employees or authorized motor license agents licensed operators shall perform all document recognition and other requirements needed for approval of a renewal or replacement REAL ID Compliant Driver License or Identification Card application. c. Upon approval of a renewal or replacement REAL ID Compliant Driver License or Identification Card application, the applicant may receive a temporary driver license or identification card from the Department of Public Safety Service Oklahoma or an authorized motor license agent licensed operator . d. A temporary driver license or identification card acquired under the provisions of this paragraph shall afford the holder the privileges otherwise granted by the specific class of driver license or identification card being renewed or replaced for the period of time listed on the temporary driver license or identification card or the period of time prior to the applicant receiving a REAL ID Compliant Driver License or Identification Card, whichever time period is shorter. e. For purposes of this title, an application for a REAL ID Compliant Driver License or Identification Card by an individual with a valid Oklahoma-issued driver license or identification card shall be considered a renewal of a REAL ID Compliant Driver License or Identification Card. 4. REAL ID Noncompliant Driver License and Identification Card Renewal and Replacement: a. Application for renewal or replacement of a REAL ID Noncompliant Driver License or Identification Card may be made to the Department of Public Safety Service Oklahoma or to a motor license agent licensed operator . A motor license agent licensed operator may process the voluntary downgrade of a REAL ID Noncompliant Commercial Driver License to any lower class license upon request of the licensee; provided, no additional endorsements or restrictions are added to the license. b. Department of Public Safety Service Oklahoma employees or motor license agents licensed operators shall perform all document recognition and other requirements needed for approval of a renewal or replacement REAL ID Noncompliant Driver License or Identification Card application. c. Upon approval of a renewal or replacement REAL ID Noncompliant Driver License or Identification Card application, the applicant may receive a temporary driver license or identification card from the Department of Public Safety Service Oklahoma or a motor license agent licensed operator . d. A temporary driver license or identification card acquired under the provisions of this paragraph shall afford the holder the privileges otherwise granted by the specific class of driver license or identification card being renewed or replaced for the period of time listed on the temporary driver license or identification card or the period of time prior to the applicant receiving a REAL ID Noncompliant Driver License or Identification Card, whichever time period is shorter. H. 1. The fee charged for an approved application for an original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver License or an approved application for the addition of an endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver License shall be assessed in accordance with the following schedule: Class A Commercial Learner Permit $25.00 Class A Commercial License $25.00 Class B Commercial Learner Permit $15.00 Class B Commercial License $15.00 Class C Commercial Learner Permit $15.00 Class C Commercial License $15.00 Class D License $ 4.00 Motorcycle Endorsement $ 4.00 2. Notwithstanding the provisions of Section 1104 of this title, all monies collected from the fees charged for Class A, B and C commercial licenses pursuant to the provisions of this subsection shall be deposited in the General Revenue Fund of this state. I. The fee charged for any failed examination shall be Four Dollars ($4.00) for any license classification. Notwithstanding the provisions of Section 1104 of this title, all monies collected from such examination fees pursuant to the provisions of this subsection shall be deposited in the General Revenue Fund of this state. J. In addition to any fee charged pursuant to the provisions of subsection H of this section, the fee charged for the issuance or renewal of a REAL ID Noncompliant Driver License shall be in accordance with the following schedule; provided, that any applicant who has a CDL Learner Permit shall be charged only the replacement fee for the issuance of the license: License Class 4-year 8-year Class A Commercial Learner Permit $56.50 $113.00 Class A Commercial License $56.50 $113.00 Class B Commercial Learner Permit $56.50 $113.00 Class B Commercial License $56.50 $113.00 Class C Commercial Learner Permit $46.50 $93.00 Class C Commercial License $46.50 $93.00 Class D License $38.50 $77.00 K. In addition to any fee charged pursuant to the provisions of subsection H of this section, the fee charged for the issuance or renewal of a REAL ID Compliant Driver License shall be in accordance with the following schedule; provided, that any applicant who has a CDL Learner Permit shall be charged only the replacement fee for the issuance of the license: License Class 4-year 8-year REAL ID Compliant Class A Commercial Learner Permit $56.50 $113.00 REAL ID Compliant Class A Commercial License $56.50 $113.00 REAL ID Compliant Class B Commercial Learner Permit $56.50 $113.00 REAL ID Compliant Class B Commercial License $56.50 $113.00 REAL ID Compliant Class C Commercial Leaner Permit $46.50 $93.00 REAL ID Compliant Class C Commercial License $46.50 $93.00 REAL ID Compliant Class D License $38.50 $77.00 L. A commercial learner permit may be renewed one time for a period of one hundred eighty (180) days. The cost for the renewed permit shall be the same as for the original permit. M. Notwithstanding the provisions of Section 1104 of this title, of each fee charged pursuant to the provisions of subsections J, K and L of this section: 1. Five Dollars and fifty cents ($5.50) of a 4-year license or Eleven Dollars ($11.00) of an 8-year license shall be deposited to the Trauma Care Assistance Revolving Fund created in Section 1- 2530.9 of Title 63 of the Oklahoma Statutes; 2. Six Dollars and seventy-five cents ($6.75) of a 4-year license or Thirteen Dollars and fifty cents ($13.50) of an 8-year license shall be deposited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of administration and maintenance of the computerized imaging system of the Department through October 31, 2022. Beginning November 1, 2022, Six Dollars and seventy-five cents ($6.75) of a 4-year license or Thirteen Dollars and fifty cents ($13.50) of an 8-year license shall be deposited to the Service Oklahoma Computer Imaging System Revolving Fund to be used solely for the purpose of administration and maintenance of the computer imaging system of Service Oklahoma ; 3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars ($20.00) of an 8-year license shall be deposited to the Department of Public Safety Revolving Fund for all original or renewal issuances of licenses through October 31, 2022. Beginning November 1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars ($20.00) of an 8-year license shall be deposited to the Service Oklahoma Revolving Fund for all original or renewal issuances of licenses ; and 4. Five Dollars ($5.00) of a 4-year license or Six Dollars ($6.00) of an 8-year license shall be deposited to the State Public Safety Fund created in Section 2-147 of this title. N. All original and renewal driver licenses shall expire as provided in Section 6-115 of this title. O. Any person sixty-two (62) years of age or older during the calendar year of issuance or renewal of a Class D license or motorcycle endorsement shall be charged the following prorated fee: 4-year 8-year Age 62 $21.25 $42.50 Age 63 $17.50 $35.00 Age 64 $13.75 $27.50 Age 65 -0- P. No person who has been honorably discharged from active service in any branch of the Armed Forces of the United States or Oklahoma National Guard and who has been certified by the United States Department of Veterans Affairs, its successor or the Armed Forces of the United States to be a disabled veteran in receipt of compensation at the one-hundred-percent rate for a permanent disability sustained through military action or accident resulting from disease contracted while in such active service and registered with the veterans registry created by the Oklahoma Department of Veterans Affairs shall be charged a fee for the issuance, replacement or renewal of an Oklahoma driver license; provided, that if a veteran has been previously exempt from a fee pursuant to this subsection, no registration with the veterans registry shall be required. Q. In accordance with the provisions of subsection G of this section, the Department of Public Safety and the Oklahoma Tax Commission are Service Oklahoma is authorized to promulgate rules for the issuance and renewal of driver licenses authorized pursuant to the provisions of Sections 6-101 through 6-309 of this title; provided, that no such rules applicable to the issuance or renewal of REAL ID Noncompliant Driver Licenses shall create more stringent standards than such rules applicable as of January 1, 2017, unless directly related to a specific change in statutory law concerning standards for REAL ID Noncompliant Driver Licenses. Applications, upon forms approved by the Department of Public Safety Service Oklahoma , for such licenses shall be handled, in accordance with the provisions of subsection G of this section, by the motor license agents licensed operators ; provided, the Department of Public Safety Service Oklahoma is authorized to assume these duties in any county of this state. Each motor license agent licensed operator accepting applications for driver licenses shall receive Six Dollars ($6.00) for a 4-year REAL ID Noncompliant Driver License or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID Compliant Driver License to be deducted from the total collected for each license or renewal application accepted. The fees received by the motor license agent licensed operator , authorized by this subsection, shall be used for operating expenses. R. Notwithstanding the provisions of Section 1104 of this title and subsection Q of this section and except as provided in subsections H and M of this section, the first Sixty Thousand Dollars ($60,000.00) of all monies collected pursuant to this section shall be paid by the Oklahoma Tax Commission to the State Treasurer to be deposited in the General Revenue Fund of the State Treasury. The next Five Hundred Thousand Dollars ($500,000.00) of monies collected pursuant to this section shall be paid by the Tax Commission to the State Treasurer to be deposited each fiscal year under the provisions of this section to the credit of the Department of Public Safety Restricted Revolving Fund for the purpose of the Statewide Law Enforcement Communications System. All other monies collected in excess of Five Hundred Sixty Thousand Dollars ($560,000.00) each fiscal year shall be apportioned as provided in Section 1104 of this title, except as otherwise provided in this section. S. The Department of Public Safety Service Oklahoma shall retain the images displayed on licenses and identification cards issued pursuant to the provisions of Sections 6-101 through 6-309 of this title which may be used only: 1. By a law enforcement agency for purposes of criminal investigations, missing person investigations or any law enforcement purpose which is deemed necessary by the Commissioner of Public Safety; 2. By the driver licensing agency of another state for its official purpose; and 3. As provided in Section 2-110 of this title. All agencies approved by the Oklahoma Law Enforcement Telecommunications System (OLETS) or the National Law Enforcement Telecommunications System (NLETS) to receive photographs or computerized images may obtain them through OLETS or through NLETS. Photographs or computerized images may be obtained by law enforcement one inquiry at a time. The computer system and related equipment acquired for this purpose must conform to industry standards for interoperability and open architecture. The Department of Public Safety may promulgate rules to implement the provisions of this subsection. T. No person may hold more than one state-issued or territory- issued REAL ID Compliant Driver License or REAL ID Compliant Identification Card from Oklahoma or any other state or territory. The Department Service Oklahoma shall not issue a REAL ID Compliant Driver License to a person who has been previously issued a REAL ID Compliant Driver License or REAL ID Compliant Identification Card until such license or identification card has been surrendered to the Department Service Oklahoma by the applicant. The Department Service Oklahoma may promulgate rules related to the issuance of replacement REAL ID Compliant Driver Licenses in the event of loss or theft. U. Upon the effective date of this act and ending on April 30, 2023, in addition to the amounts provided in subsection Q of this section, a motor license agent licensed operator shall receive Five Dollars ($5.00) for each processed application for a REAL ID Compliant 4-year Driver License and Ten Dollars ($10.00) for each processed application for a REAL ID Compliant 8-year Driver License. Any additional amounts provided pursuant to this subsection shall not be retained by the Department of Public Safety Service Oklahoma . |SECTION 38. AMENDATORY 47 O.S. 2021, Section 6-101.1, is amended to read as follows: Section 6-101.1 A. Any license issued pursuant to Sections Section 6-101, 6-105 or 6-114 of this title to any person under twenty-one (21) years of age shall be of special design, easily recognizable as the license of such a person and shall include the language "UNDER 21" on the face of the license. B. When a person who has been issued a license designated to be the license of a person under twenty-one (21) years of age attains the age of twenty-one (21) years, said person may obtain a replacement license without said designation upon payment of the fee required for a duplicate license and by furnishing proof satisfactory to the Department of Public Safety Service Oklahoma or the motor license agent licensed operator that said person has attained the age of twenty-one (21) years. |SECTION 39. AMENDATORY 47 O.S. 2021, Section 6-102, is amended to read as follows: Section 6-102. A. A nonresident who is sixteen (16) years of age or older may operate a motor vehicle in this state as authorized by the class, restrictions, and endorsements specified on the license, if the nonresident is: 1. Properly licensed in the home state or country to operate a commercial or noncommercial motor vehicle and who has immediate possession of a valid driver license issued by the home state or country; or 2. A member of the Armed Forces of the United States or the spouse or dependent of such member who has been issued and is in possession of a valid driver license issued by an overseas component of the Armed Forces of the United States. B. A resident who is at least fifteen (15) years of age may operate a vehicle in this state without a driver license, if the resident is: 1. Operating a vehicle pursuant to subsection B of Section 6- 105 of this title; or 2. Taking the driving skills examination as required by Section 6-110 of this title, when accompanied by a Driver License Examiner of the Department of Public Safety Service Oklahoma or by a designated examiner approved and certified by the Department Service Oklahoma . C. Any person, while in the performance of official duties, may operate any class of motor vehicle if the person possesses any class of valid Oklahoma driver license or a valid driver license issued by another state, if the person is: 1. A member of the Armed Forces of the United States who is on active duty; 2. A member of the military reserves, not including United States reserve technician; 3. A member of the National Guard who is on active duty, including National Guard military technicians; 4. A member of the National Guard who is on part-time National Guard training, including National Guard military technicians; or 5. A member of the United States Coast Guard who is on active duty. D. The Commissioner of Public Safety Director of Service Oklahoma is hereby authorized to adopt rules as may be necessary to enter into reciprocity agreements with foreign countries. The rules shall specify that the driver license standards of the foreign country shall be comparable to those of this state. The rules shall also require foreign drivers, who are operating a motor vehicle in Oklahoma under such a reciprocity agreement, to comply with the compulsory motor vehicle liability insurance and financial responsibility laws of this state. |SECTION 40. AMENDATORY 47 O.S. 2021, Section 6-103, is amended to read as follows: Section 6-103. A. Except as otherwise provided by law, the Department of Public Safety Service Oklahoma shall not issue a driver license to: 1. Any person who is under eighteen (18) years of age, except that the Department Service Oklahoma may issue a Class D license to any person who attains sixteen (16) years of age on or after August 15, 2000, and meets the requirements of Sections 6-105 and 6-107.3 of this title; 2. Any unemancipated person who is under eighteen (18) years of age and whose custodial legal parent or legal guardian does not approve the issuance of a license as required by Section 6-110.2 of this title or objects to the issuance of a license or permit by filing an objection pursuant to Section 6-103.1 of this title; 3. Any person whose driving privilege has been suspended, revoked, canceled or denied in this state or any other state or country until the driving privilege has been reinstated by the state or country withdrawing the privilege; 4. Any person who is classified as an excessive user of alcohol, any other intoxicating substance, or a combination of alcohol and any other intoxicating substance, and inimical to public safety, in accordance with rules promulgated by the Department, until all requirements granting or reinstating driving privileges are met, including, but not limited to, abstinence from the use of alcohol, any other intoxicating substance, or any combination of alcohol and any other intoxicating substance for a minimum of either twelve (12) months or eighteen (18) months, as determined by OAC 595:10-5, immediately preceding application for or application for reinstatement of driving privileges; 5. Any person who is required by Section 6-101 et seq. of this title to take an examination, unless the person shall have successfully passed the examination; 6. Any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof; 7. Any person who is physically deformed or who is afflicted with any mental disease or physical condition that would impair the driving ability of the person or when the Commissioner of Public Safety, from information concerning the person or from the records and reports on file in the Department of Public Safety, determines that the operation of a motor vehicle by such person on the highways would be inimical to public safety or welfare; 8. Any person who is a nonresident, as defined in Section 1-137 of this title; 9. Any alien unless such person presents valid documentation of identity and authorization for presence in the United States issued pursuant to the laws of the United States; provided, no license shall be issued to any alien whose documentation indicates the alien is a visitor or is not eligible to establish residency; or 10. Any person who possesses a valid license to operate a motor vehicle issued by another state until the other state license has been surrendered. B. Any applicant who is denied a license under the provisions of subsection A of this section shall have the right to an appeal as provided in Section 6-211 of this title. |SECTION 41. AMENDATORY 47 O.S. 2021, Section 6-103.1, is amended to read as follows: Section 6-103.1 A. Any legal custodial parent or legal guardian may prohibit the licensing of or cause the cancellation of a license previously issued to his or her unemancipated child by filing an objection with the Department of Public Safety Service Oklahoma on a form prescribed by the Department Service Oklahoma . The Department Service Oklahoma shall refuse to issue or shall cancel a license when an objection has been properly filed by a legal custodial parent or legal guardian. A license may not be issued and a previous license shall remain canceled until the objection is withdrawn by the legal custodial parent or legal guardian or until the child attains eighteen (18) years of age. A license canceled because a legal custodial parent or legal guardian has filed an objection may be reinstated only after a period of three (3) months. No fee shall be assessed by the Department Service Oklahoma for reinstatement of a license pursuant to the provisions of this act. B. No legal custodial parent or legal guardian shall be found liable for negligent entrustment of an unemancipated child for failure to file an objection pursuant to the provisions of this section. |SECTION 42. AMENDATORY 47 O.S. 2021, Section 6-105, is amended to read as follows: Section 6-105. A. Unless a legal custodial parent or legal guardian has filed an objection to licensure pursuant to Section 6- 103.1 of this title, any person under eighteen (18) years of age who is in compliance with or not subject to Section 6-107.3 of this title may be permitted to operate: 1. A Class D motor vehicle under the graduated driver license provisions prescribed in subsections B through E of this section; 2. A motorcycle under the provisions prescribed in subsection H of this section; or 3. A farm vehicle under the provisions prescribed in subsection I of this section. B. Any person who is at least fifteen (15) years of age may drive during a session in which the driver is being instructed in a driver education course, as set out in subparagraphs a, b, c, d and e of paragraph 1 of subsection C of this section, by a certified driver education instructor who is seated in the right front seat of the motor vehicle. C. Any person: 1. Who is at least fifteen and one-half (15 1/2) years of age and is currently receiving instruction in or has successfully completed driver education. For purposes of this section, the term "driver education" shall mean: a. a prescribed secondary school driver education course, as provided for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma Statutes, b. a driver education course, certified by the Department of Public Safety, from a parochial, private, or other nonpublic secondary school, c. a commercial driver training course, as defined by Sections 801 through 808 of this title, d. a parent-taught driver education course, certified by the Department of Public Safety. The Department shall promulgate rules for any parent-taught driver education course, or e. a driver education course certified by a state other than Oklahoma; or 2. Who is at least sixteen (16) years of age, may, upon successfully passing all parts of the driver license examination administered by the Department Service Oklahoma , or an approved written examination proctor, except the driving examination, be issued a learner permit which will grant the permittee the privilege to operate a Class D motor vehicle upon the public highways only between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied by a licensed driver who is at least twenty- one (21) years of age and who is actually occupying a seat beside the permittee; provided, the written examination for a learner permit may be waived by the Department of Public Safety Service Oklahoma upon verification that the person has successfully completed driver education. D. 1. Any person: a. who has applied for, been issued, and has possessed a learner permit for a minimum of six (6) months, and b. whose custodial legal parent or legal guardian certifies to the Department Service Oklahoma by sworn affidavit that the person has received a minimum of fifty (50) hours of actual behind-the-wheel training, of which at least ten (10) hours of such training was at night, from a licensed driver who was at least twenty-one (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years, may be issued an intermediate Class D license upon successfully passing all parts of the driver license examinations administered by the Department Service Oklahoma ; provided, the written examination, if it has not previously been administered or waived, may be waived by the Department Service Oklahoma upon verification that the person has successfully completed driver education or the driving examination may be waived by the Department Service Oklahoma upon successful passage of the examination administered by a certified designated examiner, as provided for in Section 6-110 of this title. However, notwithstanding the date of issuance of the learner permit, if the person has been convicted of a traffic offense which is reported on the driving record of that person, the time period specified in subparagraph a of this paragraph shall be recalculated to begin from the date of conviction for the traffic offense, and must elapse before that person may be issued an intermediate Class D license. If the person has been convicted of more than one traffic offense which is reported on the driving record of that person, the time period specified in subparagraph a of this paragraph shall be recalculated to begin from the most recent date of conviction, and must elapse before that person may be issued an intermediate Class D license. 2. A person who has been issued an intermediate Class D license under the provisions of this subsection: a. shall be granted the privilege to operate a Class D motor vehicle upon the public highways: (1) only between the hours of 5:00 a.m. and 10:00 p.m., except for driving to and from work, school, school activities, and church activities, or (2) at any time, if a licensed driver who is at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee, or if the intermediate Class D licensee is a farm or ranch resident, and is operating a motor vehicle while engaged in farming or ranching operations outside the limits of a municipality, or driving to and from work, school, school activities, or church activities, and b. shall not operate a motor vehicle with more than one passenger unless: (1) all passengers live in the same household as the custodial legal parent or legal guardian, or (2) a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee. E. Any person who has been issued an intermediate Class D license for a minimum of: 1. One (1) year; or 2. Six (6) months, if the person has completed both the driver education and the parent-certified behind-the-wheel training provisions of subparagraph b of paragraph 1 of subsection D of this section, may be issued a Class D license. However, notwithstanding the date of issuance of the Class D license, if the person has been convicted of a traffic offense which is reported on the driving record of that person, the time periods specified in paragraph 1 or 2 of this subsection, as applicable, shall be recalculated to begin from the date of conviction for the traffic offense, and must elapse before that person may be issued a Class D license. If the person has been convicted of more than one traffic offense which is reported on the driving record of that person, the time periods specified in paragraph 1 or 2 of this subsection, as applicable, shall be recalculated to begin from the most recent date of conviction, and must elapse before that person may be issued a Class D license. F. Learner permits and intermediate Class D licenses shall be issued for the same period as all other driver licenses. The licenses may be suspended or canceled at the discretion of the Department for violation of restrictions, for failing to give the required or correct information on the application, for knowingly giving false or inaccurate information on the application or any subsequent documentation related to the granting of driving privileges, for using a hand-held electronic device while operating a motor vehicle for non-life-threatening emergency purposes or for violation of any traffic laws of this state pertaining to the operation of a motor vehicle. G. The Department of Public Safety Service Oklahoma shall promulgate rules establishing procedures for removal of learner permit and intermediate Class D license restrictions from the permit or license upon the permittee or licensee qualifying for a less restricted or an unrestricted license. H. Any person fourteen (14) years of age or older may apply for a restricted Class D license with a motorcycle-only restriction. After the person has successfully passed all parts of the motorcycle examination other than the driving examination, has successfully completed a certified state-approved motorcycle basic rider course approved by the Department of Public Safety in conjunction with Service Oklahoma , and has met all requirements provided for in the rules of the Department and Service Oklahoma , the Department Service Oklahoma shall issue to the person a restricted Class D license with a motorcycle-only restriction which shall grant to the person, while having the license in the person's immediate possession, the privilege to operate a motorcycle or motor-driven cycle: 1. With a piston displacement not to exceed three hundred (300) cubic centimeters; 2. Between the hours of 4:30 a.m. to 9:00 p.m. only; 3. While wearing approved protective headgear; and 4. While accompanied by and receiving instruction from any person who is at least twenty-one (21) years of age and who is properly licensed pursuant to the laws of this state to operate a motorcycle or motor-driven cycle, and who has visual contact with the restricted licensee. The restricted licensee may apply on or after thirty (30) days from date of issuance of the restricted Class D license with a motorcycle-only restriction to have the restriction of being accompanied by a licensed driver removed by successfully completing the driving portion of an examination. The written examination and driving examination for a restricted Class D license with a motorcycle-only endorsement shall be waived by the Department of Public Safety Service Oklahoma upon verification that the person has successfully completed a certified state-approved motorcycle basic rider course approved by the Department in conjunction with Service Oklahoma . I. The Department Service Oklahoma may in its discretion issue a special permit to any person who has attained the age of fourteen (14) years, authorizing such person to operate farm vehicles between the farm and the market to haul commodities grown on the farm; provided, that the special permit shall be temporary and shall expire not more than thirty (30) days after the issuance of the special permit. Special permits shall be issued only to farm residents and shall be issued only during the time of the harvest of the principal crops grown on such farm. Provided, however, the Department Service Oklahoma shall not issue a special permit pursuant to this subsection until the Department Service Oklahoma is fully satisfied after the examination of the application and other evidence furnished in support thereof, that the person is physically and mentally developed to such a degree that the operation of a motor vehicle by the person would not be inimical to public safety. J. As used in this section: 1. "Hand-held electronic device" means a mobile telephone or electronic device with which a user engages in a telephone call, plays or stores media, including but not limited to music and video, or sends or reads a text message while requiring the use of at least one hand; and 2. "Using a hand-held electronic device" means engaging any function on an electronic device. K. All driver education courses provided for in paragraph 1 of subsection C of this section shall include education regarding the dangers of texting while driving and the effects of being under the influence of alcohol or other intoxicating substance while driving. |SECTION 43. AMENDATORY 47 O.S. 2021, Section 6-105.2, is amended to read as follows: Section 6-105.2 The Department of Public Safety Service Oklahoma may issue an instructor permit to any qualified secondary school driver education instructor as defined by the State Board of Education Rules and Regulations for Oklahoma High School Driver and Traffic Safety Education or any driver education instructor, certified by the Department of Public Safety Service Oklahoma , of a parochial, private, or other nonpublic secondary school upon a proper application to the State Board of Education or the Department of Public Safety Service Oklahoma in the case of secondary schools that are not regulated by the State Board of Education or a commercial driver training course instructor, as provided for in Sections 801 through 808 of Title 47 of the Oklahoma Statutes. The Department Service Oklahoma shall promulgate rules for the issuance of the permits. Any instructor as defined in this subsection section who has been issued a permit may instruct any person who is at least fifteen and one-half (15 1/2) years of age or who is at least fifteen (15) years of age and of secondary school or higher educational standing while regularly enrolled and certified by the instructor as a student taking a prescribed course of secondary school driver education or a driver education course, certified by the Department of Public Safety Service Oklahoma , from a parochial, private, or other nonpublic secondary school or a commercial driver training course, as defined by Sections 801 through 808 of Title 47 of the Oklahoma Statutes, to operate a motor vehicle while accompanied by and receiving instruction from the instructor who is actually occupying a seat beside the driver. |SECTION 44. AMENDATORY 47 O.S. 2021, Section 6-105.3, is amended to read as follows: Section 6-105.3 A. In addition to the licenses to operate motor vehicles, the Department of Public Safety Service Oklahoma may issue cards to Oklahoma residents for purposes of identification only. The identification cards shall be issued, renewed, replaced, canceled and denied in the same manner as driver licenses in this state. A licensee whose record reflects a notation of the person's proof of legal presence, verified by the U.S. Department of Homeland Security, or proof of U.S. citizenship, may obtain a REAL ID Compliant Identification Card or a Noncompliant Identification Card from a motor license agent licensed operator or the Department of Public Safety Service Oklahoma , regardless of the status of the license held by the licensee. Provided, the licensee must comply with all REAL ID documentation requirements to obtain a REAL ID Compliant Identification Card. A person shall not apply for or possess more than one state-issued or territory-issued REAL ID Compliant Identification Card pursuant to the provisions of Section 6-101 of this title. The application for an identification card by any person under the age of eighteen (18) years shall be signed and verified by a custodial legal parent or legal guardian, either in person before a person authorized to administer oaths or electronically if completing an online application, or a notarized affidavit signed by a custodial legal parent or legal guardian submitted before a person authorized to administer oaths by the person under the age of eighteen (18) years with the application. Except as otherwise provided in this section, the identification cards shall be valid for a period of either four (4) years from the month of issuance or eight (8) years from the month of issuance; however, the identification cards issued to persons sixty-five (65) years of age or older shall be valid indefinitely from the month of issuance. B. 1. The Department of Corrections shall coordinate with the Department of Public Safety Service Oklahoma to provide REAL ID Noncompliant Identification Cards to all inmates who do not have a current state-issued identification card or driver license upon their release from custody. The identification cards shall be issued, replaced, canceled and denied in the same manner as driver licenses in this state. 2. If an inmate is unable to provide a valid identification document and no other form of identification is available, the Department of Public Safety Service Oklahoma shall allow the use of a Department of Corrections-issued consolidated record card to serve as a valid identification document to obtain a REAL ID Noncompliant Identification Card. 3. REAL ID Noncompliant Identification Cards issued with a consolidated record card from the Department of Corrections for inmates shall be valid for a period of four (4) years from the month of issuance for an allowable fee to be determined by the Department of Public Safety Service Oklahoma and are nonrenewable and nontransferable. 4. The fee charged for the issuance or replacement of a REAL ID Noncompliant Identification Card pursuant to this subsection shall be deposited in the Department of Public Safety Revolving Fund through October 31, 2022. Beginning November 1, 2022, this fee shall be deposited in the Service Oklahoma Revolving Fund . Provided, however, REAL ID Noncompliant Identification Cards issued to individuals required to register pursuant to the Sex Offenders Registration Act shall only be valid for a period of one (1) year. No person sixty-five (65) years of age or older shall be charged a fee for a REAL ID Noncompliant Identification Card. 5. The Department of Public Safety Service Oklahoma is authorized to promulgate rules and procedures to implement the provisions of this subsection. C. No person shall hold more than one state-issued or territory-issued REAL ID Compliant Driver License or REAL ID Compliant Identification Card, as defined in subsection G of Section 6-101 of this title. The Department Service Oklahoma shall not issue a REAL ID Compliant Identification Card to any applicant who has been previously issued a REAL ID Compliant Driver License or REAL ID Compliant Identification Card unless such license or identification card has been surrendered to the Department by the applicant. The Department Service Oklahoma may promulgate rules related to the issuance of replacement REAL ID Compliant Identification Cards in the event of loss or theft. D. The fee charged for the issuance or renewal of a REAL ID Compliant Identification Card shall be Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars ($50.00) for an 8-year card. The fee charged for the issuance or renewal of a REAL ID Noncompliant Identification Card pursuant to this section shall be Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars ($50.00) for an 8-year card; however, no person sixty-five (65) years of age or older, or one hundred percent (100%) disabled veteran described in subsection P of Section 6-101 of this title shall be charged a fee for an identification card. Of each fee charged pursuant to the provisions of this subsection: 1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars ($14.00) of an 8-year card shall be apportioned as provided in Section 1104 of this title; 2. Three Dollars ($3.00) of a 4-year card and Six Dollars ($6.00) of an 8-year card shall be credited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of the administration and maintenance of the computerized imaging system of the Department through October 31, 2022. Beginning November 1, 2022, Three Dollars ($3.00) of a 4-year card and Six Dollars ($6.00) of an 8-year card shall be credited to the Service Oklahoma Computer Imaging System Revolving Fund to be used solely for the purpose of administration and maintenance of the computer imaging system of Service Oklahoma ; 3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars ($20.00) of an 8-year card shall be deposited in the Department of Public Safety Revolving Fund through October 31, 2022. Beginning November 1, 2022, this fee shall be deposited in the Service Oklahoma Revolving Fund ; 4. Three Dollars ($3.00) of a 4-year card and Six Dollars ($6.00) of an 8-year card shall be deposited to the State Public Safety Fund created in Section 2-147 of this title; and 5. Two Dollars ($2.00) for a 4-year card and Four Dollars ($4.00) for an 8-year card of the fee authorized by this subsection related to the issuance or renewal of an identification card by a motor license agent that does process approved applications or renewals for REAL ID Compliant and REAL ID Non-Compliant Driver Licenses or Identification Cards shall be retained by the motor license agent licensed operator . E. The fee charged for replacement of a REAL ID Compliant Identification Card, or REAL ID Non-Compliant Identification Card, shall be Twenty-five Dollars ($25.00); however, no person sixty-five (65) years of age or older shall be charged a fee for an identification card replacement. Of each fee charged pursuant to the provisions of this subsection: 1. Seven Dollars ($7.00) shall be apportioned as provided in Section 1104 of this title; 2. Three Dollars ($3.00) shall be credited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of the administration and maintenance of the computerized imaging system of the Department through October 31, 2022. Beginning November 1, 2022, Three Dollars ($3.00) shall be credited to the Service Oklahoma Computer Imaging System Revolving Fund to be used solely for the purpose of administration and maintenance of the computer imaging system of Service Oklahoma ; 3. Ten Dollars ($10.00) shall be deposited in the Department of Public Safety Revolving Fund through October 31, 2022. Beginning November 1, 2022, this fee shall be deposited in the Service Oklahoma Revolving Fund ; 4. Three Dollars ($3.00) shall be deposited to the State Public Safety Fund created in Section 2-147 of this title; and 5. Two Dollars ($2.00) of the fee authorized by this subsection related to the replacement of an identification card by a motor license agent that licensed operator who does process approved applications or renewals for REAL ID Compliant or REAL ID Non- Compliant Driver Licenses or Identification Cards shall be retained by the motor license agent licensed operator . F. The Oklahoma Tax Commission is hereby authorized to reimburse, from funds available to that agency, each motor license agent licensed operator issuing an identification card to a person sixty-five (65) years of age or older, an amount not to exceed One Dollar ($1.00) for each card or driver license so issued. The Tax Commission shall develop procedures for claims for reimbursement. G. Notwithstanding any other provision of law, when a person makes application for a new identification card, or makes application to renew an identification card, and the person has been convicted of, or received a deferred judgment for, any offense required to register pursuant to the Sex Offenders Registration Act, the identification card shall be valid for a period of one (1) year from the month of issuance, but may be renewed yearly during the time the person is subject to registration on the Sex Offender Registry. The cost for such identification card shall be the same as for other identification cards and renewals. |SECTION 45. AMENDATORY 47 O.S. 2021, Section 6-106, is amended to read as follows: Section 6-106. A. 1. Every application for a driver license or identification card shall be made by the applicant upon a form furnished by the Department of Public Safety Service Oklahoma . 2. Every original, renewal, or replacement application for a driver license or identification card made by a male applicant who is at least sixteen (16) but less than twenty-six (26) years of age shall include a statement that by submitting the application, the applicant is consenting to registration with the Selective Service System. The pertinent information from the application shall be forwarded by the Department Service Oklahoma to the Data Management Center of the Selective Service System in order to register the applicant as required by law with the Selective Service System. Any applicant refusing to sign the consent statement shall be denied a driver license or identification card. 3. Except as provided for in subsections G and H of this section, every applicant for a driver license or identification card shall provide to the Department Service Oklahoma at the time of application a document showing proof of identity. The Department Service Oklahoma shall promulgate rules prescribing forms of primary and secondary identification acceptable for an original Oklahoma driver license. B. Every applicant for a driver license shall provide the following information: 1. Full name; 2. Date of birth; 3. Sex; 4. Address of principal residence and county of such residence which shall be referenced on the REAL ID Compliant Driver License or Identification Card; proof of principal residency, as prescribed by rules promulgated by the Department Service Oklahoma , documenting the provided address; 5. Current and complete mailing address to be maintained by the Department Service Oklahoma for the purpose of giving notice, if necessary, as required by Section 2-116 of this title; 6. Medical information, as determined by the Department, which shall assure the Department Service Oklahoma that the person is not prohibited from being licensed as provided by paragraph 7 of subsection A of Section 6-103 of this title; 7. Whether the applicant is deaf or hard-of-hearing; 8. A brief description of the applicant, as determined by the Department; 9. Whether the applicant has previously been licensed, and, if so, when and by what state or country, and whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal; 10. Whether the applicant is an alien eligible to be considered for licensure and is not prohibited from licensure pursuant to paragraph 9 of subsection A of Section 6-103 of this title; 11. Whether the applicant has: a. previously been licensed and, if so, when and by what state or country, and b. held more than one license at the same time during the immediately preceding ten (10) years; and 12. Social Security number. No person shall request the Department Service Oklahoma to use the Social Security number of that person as the driver license number. Upon renewal or replacement of any driver license issued after the effective date of this act, the licensee shall advise the Department Service Oklahoma or the motor license agent licensed operator if the present driver license number of the licensee is the Social Security number of the licensee. If the driver license number is the Social Security number, the Department Service Oklahoma or the motor license agent licensed operator shall change the driver license number to a computer-generated alphanumeric identification. C. 1. In addition to the requirements of subsections A and B of this section, every applicant for a commercial driver license who is subject to the requirements of 49 C.F.R., Part 391, and is applying for an original, renewal, or replacement license, and every person who, upon or after May 8, 2012, is currently the holder of a commercial driver license and is subject to the requirements of 49 C.F.R., Part 391, and who does not apply for a renewal or replacement license prior to January 30, 2014, shall submit to the Department Service Oklahoma and maintain with the Department Service Oklahoma a current approved medical examination certificate signed by a licensed physician authorized to perform and approve medical examination certifications. The Department Service Oklahoma shall adopt rules for maintaining medical examination certificates pursuant to the requirements in 49 C.F.R., Parts 383 and 384. Any commercial driver licensee subject to the requirements of this paragraph who fails to maintain on file with the Department Service Oklahoma a current, approved medical examination certificate shall have the driving privileges of the person downgraded to a Class D driver license by the Department Service Oklahoma . 2. If the applicant is applying for an original commercial driver license in Oklahoma or is transferring a commercial driver license from another state to Oklahoma, the Department Service Oklahoma shall review the driving record of the applicant in other states for the immediately preceding ten (10) years, unless the record review has already been performed by the Department Service Oklahoma . As a result of the review, if it is determined by the Department Service Oklahoma that the applicant is subject to a period of disqualification as prescribed by Section 6-205.2 of this title which has not yet been imposed, the Department Service Oklahoma shall impose the period of disqualification and the applicant shall serve the period of disqualification before a commercial driver license is issued to the applicant; provided, nothing in this paragraph shall be construed to prevent the issuance of a Class D driver license to the applicant. 3. If the applicant has or is applying for a hazardous material endorsement, the applicant shall submit to a security threat assessment performed by the Transportation Security Administration of the Department of Homeland Security as required by and pursuant to 49 C.F.R., Part 1572, which shall be used to determine whether the applicant is eligible for the endorsement pursuant to federal law and regulation. 4. The Department of Public Safety Service Oklahoma shall notify each commercial driving school of the passage of this section, and each commercial driving school shall notify prospective students of its school of the hazardous material endorsement requirement. D. In addition to the requirements of subsections A and B of this section, every applicant shall be given an option on the application for issuance of a driver license or identification card or renewal pursuant to Section 6-115 of this title to provide an emergency contact person. The emergency contact information requested may include full name, address, and phone number. The emergency contact information shall be maintained by the Department Service Oklahoma and shall be used by the Department Service Oklahoma and law enforcement for emergency purposes only. A person listed as an emergency contact may request to be removed at any time. Any update to a change of name, address, or phone number may be made by the applicant listing the emergency contact person or by the person listed as the emergency contact. E. Whenever application is received from a person previously licensed in another jurisdiction, the Department Service Oklahoma shall request a copy of the driving record from the other jurisdiction and, effective September 1, 2005, from all other jurisdictions in which the person was licensed within the immediately previous ten (10) years. When received, the driving record shall become a part of the driving record of the person in this state with the same force and effect as though entered on the driver's record in this state in the original instance. F. Whenever the Department Service Oklahoma receives a request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge. G. A person shall not apply for or possess more than one state- issued or territory-issued REAL ID Compliant Driver License or Identification Card pursuant to the provisions of Section 6-101 of this title. A valid and unexpired Oklahoma driver license shall serve as both primary and secondary proofs of identity whenever application for a REAL ID Noncompliant Identification Card is submitted to the Department Service Oklahoma . The provisions of subsection B of Section 1550.42 of Title 21 of the Oklahoma Statutes shall not apply when issuing an identification card pursuant to the provisions of this subsection. The Department Service Oklahoma shall promulgate rules necessary to implement and administer the provisions of this subsection. H. A valid and unexpired U.S. passport shall serve as both primary and secondary proofs of identity whenever application for a driver license or identification card is submitted to the Department Service Oklahoma . The Department Service Oklahoma shall promulgate rules necessary to implement and administer the provisions of this subsection. |SECTION 46. AMENDATORY 47 O.S. 2021, Section 6-107, is amended to read as follows: Section 6-107. A. In addition to the requirements of Section 6-106 of this title, the application of any unemancipated person under the age of eighteen (18) years for a restricted license shall be signed and verified by the legal custodial parent or legal guardian of the applicant, either in person before a person authorized to administer oaths, electronically if completing an online application, or by a notarized affidavit signed by a custodial legal parent or legal guardian and submitted with the application by the person under the age of eighteen (18) years before a person authorized to administer oaths. The signature of the legal custodial parent or legal guardian shall be evidence that the legal custodial parent or legal guardian is willing to assume the obligation imposed under Section 1-101 et seq. of this title upon a person signing the application of a person under the age of eighteen (18) years. Provided, however, any unemancipated person under the age of eighteen (18) years who is in the permanent custody of the Department of Human Services, upon proof of financial responsibility in respect to the operation of a motor vehicle owned by him or her or if not the owner of a motor vehicle then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, shall not be required to have his or her application for restricted license signed or verified by another person. B. Any negligence or willful misconduct of a person under the age of eighteen (18) years when driving a motor vehicle upon a highway with the knowledge and consent of the person who signed the application or notarized affidavit for the restricted license shall be imputed to the person who has signed the application or notarized affidavit. Such person shall be jointly and severally liable with the minor for any damages caused by such negligence or willful misconduct, except as otherwise provided in subsection C of this section. C. In the event a person under the age of eighteen (18) years deposits, or there is deposited upon his or her behalf, proof of financial responsibility in respect to the operation of a motor vehicle owned by him or her or if not the owner of a motor vehicle then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the Department Service Oklahoma may accept the application of such person when signed by the legal custodial parent or the legal guardian of such person, and while such proof is maintained the legal custodial parent or legal guardian shall not be subject to the liability imposed under subsection B of this section. D. The Department Service Oklahoma may, at its discretion, cancel or suspend the license of any person under the age of eighteen (18) years for any unlawful act, negligence or misconduct while driving a motor vehicle. E. As provided in Section 6-103.1 of this title, any legal custodial parent or legal guardian who has signed the application or notarized affidavit of a person under the age of eighteen (18) years for a license may thereafter file with the Department of Public Safety Service Oklahoma a verified written request that the license of that person so granted be canceled. The Department Service Oklahoma shall then cancel the license of the person and the legal custodial parent or legal guardian who signed the application or notarized affidavit of the person shall be relieved from the liability imposed under Section 1-101 et seq. of this title by reason of having signed the application on account of any subsequent negligence or willful misconduct of the person in operating a motor vehicle. F. The Department of Public Safety Service Oklahoma upon receipt of satisfactory evidence of the death of the legal custodial parent or legal guardian who signed the application or notarized affidavit of a person under the age of eighteen (18) years for a license shall cancel the license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the person has attained the age of eighteen (18) years. |SECTION 47. AMENDATORY 47 O.S. 2021, Section 6-107.1, is amended to read as follows: Section 6-107.1 A. When any district court, municipal court of record or any municipal court in a city or town in which the judge is an attorney licensed to practice law in this state has determined that a person under the age of eighteen (18) years has committed any offense described in subsection C of this section, or that a person eighteen (18), nineteen (19), or twenty (20) years of age has committed an offense described in Section 11-906.4 of this title, the court shall notify the Department of Public Safety Service Oklahoma on a form prescribed by the Department Service Oklahoma as provided in Section 6-107.2 of this title. B. The notice shall include the name, date of birth, physical description and, if known, the driver license number of the person. The notice shall contain an order to the Department Service Oklahoma to cancel or deny driving privileges for a period of six (6) months for the first offense or a period of one (1) year for a subsequent offense. Provided, however, if the person is less than sixteen (16) years of age at the time of the determination, and the person will be less than sixteen (16) years of age at the end of the period of cancellation or denial, the Department Service Oklahoma shall extend the period of cancellation or denial to the date the person attains sixteen (16) years of age. The court shall send a copy of the notice to the person first class, postage prepaid. C. In addition to the administrative revocation of driving privileges pursuant to Section 754 of this title, and the mandatory revocation of driving privileges pursuant to Section 6-205.1 of this title, this section applies to any crime, violation, infraction, traffic offense or other offense involving or relating to the possession, use, sale, purchase, transportation, distribution, manufacture, or consumption of beer, alcohol, or any beverage containing alcohol and to any crime, violation, infraction, traffic offense or other offense involving or relating to the possession, use, sale, purchase, transportation, distribution, manufacture, trafficking, cultivation, consumption, ingestion, inhalation, injection, or absorption of any controlled dangerous substance as defined by paragraph 8 of Section 2-101 of Title 63 of the Oklahoma Statutes or any substance which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor functions. |SECTION 48. AMENDATORY 47 O.S. 2021, Section 6-107.2, is amended to read as follows: Section 6-107.2 A. The Department of Public Safety Service Oklahoma shall prepare and distribute a Notification form to be used by the courts, as provided in Section 6-107.1 of this title. In addition to any other authority to cancel or deny driving privileges, the Department of Public Safety Service Oklahoma shall, upon receipt of such completed Notification form from a court, cancel or deny all driving privileges of the person named in the Notification form without hearing, for a period of time recommended by the court. B. Any person whose driving privileges are canceled or denied pursuant to this section may file a petition for relief based upon error or hardship. 1. The petition shall be filed in the district court which notified the Department Service Oklahoma pursuant to Section 6-107.1 of this title or, if the Notification originated in a municipal court, the petition shall be filed in the district court of the county in which the court is located. A copy of the Notification and a copy of the Department's Service Oklahoma's action canceling or denying driving privileges pursuant to this section shall be attached to the petition. 2. The district court shall conduct a hearing on the petition and may determine the matter de novo, without notice to the Department, and if applicable, without notice to the municipal court; provided, the district court shall not consider a collateral attack upon the merits of any conviction or determination which has become final. 3. The district court may deny the petition or, in its discretion, issue a written Order to the Department Service Oklahoma to decrease the period of cancellation or denial to any period or issue a written Order to vacate the Department's Service Oklahoma's action taken pursuant to this section, in its entirety. The content of the Order shall not grant or purport to grant any driving privileges to the person; however, such Order may direct the Department of Public Safety Service Oklahoma to do so if the person is otherwise eligible therefor. Unless all persons or agencies the court had reason to believe may have had relevant information related to the court record and departmental action have been given notice of the petition, attorney fees and costs shall not be awarded against any party. In no event shall the Department of Public Safety Service Oklahoma be liable for attorney fees and costs for suspending, revoking, canceling or denying a driver license based upon reasonable reliance on a notice from a court requiring the revocation, suspension, cancellation or denial of the driver license according to law. C. Upon receipt of a written Order from the appropriate court, the Department Service Oklahoma shall modify or reinstate any driving privileges as provided in the Order. |SECTION 49. AMENDATORY 47 O.S. 2021, Section 6-107.4, is amended to read as follows: Section 6-107.4 A. Whenever a license or instruction permit and driving privileges are denied pursuant to Section 6-107.3 of this title, the license or permit and the driving privilege shall remain denied until the person becomes eligible. After becoming eligible, the person may at any time apply for driving privileges by presenting sufficient documentation to the Department of Public Safety Service Oklahoma pursuant to Section 6-107.3 of this title and paying the fee required for issuance of the license or permit, as applicable. B. Whenever a license or instruction permit and the driving privilege of a person are canceled pursuant to Section 6-107.3 of this title, the license or permit and the driving privilege shall remain canceled for a minimum period of sixty (60) days or until the person whose license or permit has been canceled or denied reaches eighteen (18) years of age, whichever period is the shortest; provided, after becoming eligible, the person may at any time apply for reinstatement of driving privileges by presenting sufficient documentation to the Department of Public Safety Service Oklahoma pursuant to Section 6-107.3 of this title and paying the fee required for replacement of the license or permit, if applicable. Upon reinstatement after cancellation, the Department Service Oklahoma shall remove the record of cancellation from the driving record of the person. |SECTION 50. AMENDATORY 47 O.S. 2021, Section 6-107.5, is amended to read as follows: Section 6-107.5 Any person aggrieved by a denial or cancellation of driving privileges pursuant to Section 6-107.3 of this title may submit, within thirty (30) days of the denial or of the receipt of notice of cancellation, a written request to the Department of Public Safety Service Oklahoma for a hearing before the Department . The hearing shall be held within ten (10) days of the receipt by the Department Service Oklahoma of the request, to determine whether the person is entitled to a license or is subject to cancellation of a license under the provisions of Sections 6-103, 6-107.3 through 6-107.6, and 6-105 of this title. Appeal from the decision of the Department Service Oklahoma may be taken to any court of competent jurisdiction as provided for in Section 6-211 of this title. |SECTION 51. AMENDATORY 47 O.S. 2021, Section 6-110, is amended to read as follows: Section 6-110. A. 1. The Department of Public Safety Service Oklahoma shall establish procedures to ensure every applicant for an original Class A, B, C or D license and for any endorsements thereon is examined by the Department Service Oklahoma , or an approved written examination proctor, except as otherwise provided in Section 6-101 et seq. of this title or as provided in paragraph 2 of this subsection or in subsections D and E of this section. The Department Service Oklahoma is authorized to approve and enter into agreements with local school districts, the Oklahoma Department of Career and Technology Education, or institutions of higher education to act as approved written examination proctors with regard to any written examination required by this section. The examination shall include a test of the applicant's: a. eyesight, b. ability to read and understand highway signs regulating, warning and directing traffic, c. knowledge of the traffic laws of this state including a portion on bicycle and motorcycle safety, and d. ability, by actual demonstration, to exercise ordinary and reasonable control in the operation of a motor vehicle. The actual demonstration shall be conducted in the type of motor vehicle for the class of driver license being applied for. The Department of Public Safety in conjunction with Service Oklahoma may create a knowledge test that may be taken on the Internet by an applicant applying for a Class D license. Any licensee seeking to apply for a driver license of another class which is not covered by the licensee's current driver license shall be considered an applicant for an original license for that class. 2. The Department of Public Safety Service Oklahoma shall have the authority to waive the requirement of any part of the examination required in paragraph 1 of this subsection for those applicants whose driving record meets the standards set by the Department of Public Safety and surrender either of the following: a. a valid unexpired driver license issued by any state or country for the same type or types of vehicles, or b. an expired driver license that: (1) is not expired more than six (6) months past the expiration date listed on the driver license, and (2) is not a Class A, B or C commercial driver license or commercial driver license permit. 3. The Department of Public Safety Service Oklahoma shall accept skills test results from another state for Class A, B or C license applicants who have successfully completed commercial motor vehicle driver training in that state and successfully passed the skills test in that state; provided, the Department Service Oklahoma shall not accept skills test results from another state when the applicant has not successfully completed commercial motor vehicle driver training in that state. Nothing in this section shall be construed to prohibit the Department of Public Safety Service Oklahoma from administering the skills test to any applicant who has successfully completed commercial vehicle driver training in another state. 4. All applicants requiring a hazardous materials endorsement shall be required, for the renewal of the endorsement, to successfully complete the examination and to submit to a security threat assessment performed by the Transportation Security Administration of the Department of Homeland Security as required by and pursuant to 49 C.F.R., Part 1572, which shall be used to determine whether the applicant is eligible for renewal of the endorsement pursuant to federal law and regulation. 5. The Department of Public Safety Service Oklahoma , or an approved written examination proctor, shall give the complete examination as provided for in this section within thirty (30) days from the date the application is received, and the examination shall be given at a location within one hundred (100) miles of the residence of the applicant. The Department of Public Safety Service Oklahoma shall make every effort to make the examination locations and times convenient for applicants. The Department of Public Safety Service Oklahoma shall consider giving the examination at various school sites if the district board of education for the district in which the site is located agrees and if economically feasible and practicable. B. Any person holding a valid Oklahoma Class D license or provisional driver license pursuant to Section 6-212 of this title and applying for a Class A, B or C commercial license shall be required to successfully complete all examinations as required for the specified class. Failure to submit to the Department of Public Safety Service Oklahoma federally required medical certification information pursuant to 49 C.F.R., Part 391.41 et seq. shall result in an automatic downgrade of a commercial license to a Class D license. Provided, however, once the required medical certification information has been received by the Department of Public Safety Service Oklahoma , the license shall be reinstated to the classification of the commercial license prior to the downgrade and the holder of such a license shall not be required to reapply. C. Except as provided in subsection E of Section 6-101 of this title, any person holding a valid Oklahoma Class A, B or C commercial license shall, upon time for renewal thereof, be entitled to a Class D license without any type of testing or examination, except for any endorsements thereon as otherwise provided for by Section 6-110.1 of this title. D. 1. Any certified driver education instructor who is currently an operator or an employee of a commercial driver training school in this state or any driver education instructor employed by any school district in this state shall be eligible to apply to be a designated examiner of the Department of Public Safety Service Oklahoma for the purposes of administering the Class D driving skills portion of the Oklahoma driving examination to any person who has been issued a learner permit. 2. The Department of Public Safety , in conjunction with Service Oklahoma, shall adopt a curriculum of required courses and training to be offered to applicants who are qualified to apply to be a designated examiner. The courses and training for certification shall meet the same standards as required for driver examiners of the Department of Public Safety Service Oklahoma . 3. Each person applying to be a designated examiner shall be required to pay an initial designated examiner certification fee of One Thousand Dollars ($1,000.00). Upon successful completion of training prescribed by paragraph 2 of this subsection, the person shall be required to pay an annual designated examiner certification fee of Five Hundred Dollars ($500.00). If an applicant for the designated examiner program is employed by an Oklahoma public school system that offers driver education, and he or she administers the skills test only to students enrolled in a public school driver education program, the certification fee may be waived by the Department of Public Safety Service Oklahoma . Each designated examiner certification shall expire on the last day of the calendar year and may be renewed upon application to the Department of Public Safety Service Oklahoma . The designated examiner certification fees collected by the Department of Public Safety Service Oklahoma pursuant to this subsection shall be deposited to the credit of the Department of Public Safety Restricted Revolving Fund to be used for the purposes of this subsection through October 31, 2022. Beginning November 1, 2022, the designated examiner certification fees collected by Service Oklahoma pursuant to this subsection shall be deposited to the credit of the Service Oklahoma Revolving Fund . No designated examiner certification fee shall be refunded in the event that certification is denied, suspended or revoked. 4. A designated examiner may charge a fee for each Class D driving skills examination given, whether the person being examined passes or fails the examination. 5. The Department of Public Safety Service Oklahoma shall conduct an annual complete nationwide criminal history background check on each designated examiner and a complete nationwide criminal history background check on each designated examiner applicant. The fees for the background check shall be borne by the designated examiner or designated examiner applicant. 6. The Department of Public Safety , in conjunction with Service Oklahoma, shall promulgate rules to implement and administer the provisions of this subsection. E. 1. Upon application and approval of the Commissioner of Public Safety Service Oklahoma , any public or private commercial truck driving school that has or maintains a program instructing students for a Class A, B or C license, public transit agency or state, county or municipal government agency in this state shall be authorized to hire or employ designated examiners approved by the Department of Public Safety Service Oklahoma to be third-party examiners of the Class A, B or C driving skills portion of the Oklahoma driving examination. All designated examiners must successfully have completed the courses and training as outlined in paragraph 2 of this subsection. The Department of Public Safety Service Oklahoma shall be required to approve at least one public transit agency that has or maintains a program instructing students for a Class A, B or C license to hire or employ third-party examiners pursuant to this section. It shall be permissible for any public transit agency operating in the State of Oklahoma to utilize the third-party examiners hired or employed by a public transit agency approved by the Department Service Oklahoma . 2. The Department of Public Safety , in conjunction with Service Oklahoma, shall adopt a curriculum of required courses and training to be offered to third-party examiners. The courses and training for certification shall meet the same standards as required for commercial driver examiners of the Department of Public Safety Service Oklahoma . 3. The Department of Public Safety Service Oklahoma shall require each third-party examiner applicant and commercial school driver education instructor applicant to submit to an electronic national criminal history record check pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes. On or before December 1, 2022, the Department Service Oklahoma shall require each third-party examiner or commercial school driver education instructor to submit to an electronic national criminal history record check pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes. The fees for the background check shall be borne by the third-party examiner, third-party examiner applicant, commercial school driver education instructor or commercial school driver education instructor applicant. F. The Department of Public Safety Service Oklahoma shall promulgate rules no later than December 15, 2021, to: 1. Implement and administer the provisions of this section based on requirements set forth in Section 383.75 of Title 49 of the Code of Federal Regulations; 2. Establish a process to inform any school, public transit agency, examiner, or state, county or municipal government agency, who has been denied, within forty-five (45) days from the denial; 3. Create an appeal process for any school, public transit agency, examiner, or state, county or municipal government agency denied; and 4. If the initial application for approval was denied, limit the number of times an individual school, public transit agency, individual examiner applicant, or state, county or municipal government agency may reapply in a calendar year to two reapplications. |SECTION 52. AMENDATORY 47 O.S. 2021, Section 6-110.1, is amended to read as follows: Section 6-110.1 A. The following endorsements shall be placed on an Oklahoma driver license to any person qualifying therefore as determined by the Department of Public Safety Service Oklahoma . Any person having an original Class A, B, C or D Oklahoma driver license shall only be required to take the supporting written endorsement testing which is required to endorse the original Class A, B, C or D Oklahoma driver license. Endorsement Authorizes the operation of: "H" A non-tank-type vehicle used to transport hazardous materials in placardable amounts pursuant to 49 C.F.R., Part 172, subpart F; "M" A motorcycle; "N" A tank vehicle as defined in Section 1-173.1 of this title; "P" A vehicle designed by the manufacturer to transport sixteen or more passengers, including the driver; "S" A school bus; "T" A vehicle with double or triple trailers; "X" A tank vehicle used to transport hazardous materials in placardable amounts pursuant to 49 C.F.R., Part 172, subpart F. B. The Department Service Oklahoma may also provide for additional endorsements as may be needed or as otherwise provided for by law. C. No person shall operate a motor vehicle requiring endorsements as provided for in this section without having a valid Class A, B, C or D license with the required endorsements. D. All endorsements as provided for in this section must be obtained prior to the operation of such vehicles. However, the requirement for a hazardous materials endorsement is not required for the operation of farm vehicles used to transport pesticides, fertilizers, or other products integral to farming, but which are defined as hazardous materials. If, after obtaining a hazardous material endorsement, a person becomes ineligible for the hazardous material endorsement pursuant to state or federal law, or both, or any regulation, the Department of Public Safety Service Oklahoma shall provide notice as provided in Section 2-116 of this title. A person will have thirty (30) days from the date of the notice to appear at a designated testing facility to apply and be issued a commercial driver license without the endorsement. Failure to comply within the required time shall be grounds for the Department of Public Safety Service Oklahoma to disqualify the commercial driver license of the person until compliance has been met. |SECTION 53. AMENDATORY 47 O.S. 2021, Section 6-110.2, is amended to read as follows: Section 6-110.2 A. The Department of Public Safety Service Oklahoma shall implement a procedure for computerized finger imaging by means of an inkless finger image scanning device and shall require every applicant for an original, renewal or replacement driver license or identification card to submit to finger imaging for the purposes of proof of identity and to ensure the security of the driver license or identification card issued to the applicant. If the finger image of a person over sixty-five (65) years of age cannot be scanned and the issuing agent can personally verify the individual's identity with alternative identification, the finger imaging shall be overridden. Means must be provided to trace to the agent who authorized the override. B. No unemancipated person under eighteen (18) years of age shall be issued a driver license or identification card by the Department Service Oklahoma unless an authorization form, prescribed and furnished by the Department Service Oklahoma , or notarized affidavit authorizing the finger imaging of the person and signed by the legal custodial parent, legal guardian, or legal custodian of the person, is in the possession of the Department Service Oklahoma . C. No law enforcement agency of the state or federal government other than the Department of Public Safety Service Oklahoma shall have access to any information collected through the use of computerized finger imaging without first obtaining a court order from a judge of competent jurisdiction; provided, however, the Oklahoma State Bureau of Investigation shall have access to such imaging for the purpose of identifying a person who is deceased, missing or endangered. Each application for an order authorizing the access to any information collected through the use of computerized finger imaging shall be made in writing upon oath or affirmation to a judge of competent jurisdiction. Each application shall establish probable cause for belief that a named individual is committing, has committed or is about to commit a particular violation of law. D. The Commissioner of Public Safety Service Oklahoma shall adopt rules as may be necessary to carry out the provisions of this section. |SECTION 54. AMENDATORY 47 O.S. 2021, Section 6-110.5, is amended to read as follows: Section 6-110.5 A. The Department of Public Safety Service Oklahoma shall offer or make available training and education for motor license agents licensed operators and motor license agency licensed operator employees, so that such agents licensed operators and employees shall be able to achieve and maintain compliance with the requirements of the REAL ID Act of 2005, Public Law No. 109-13, related to such motor license agents' licensed operators' and motor license agency licensed operator employees' ability to be authorized participants in the REAL ID Compliant Driver License and Identification Card issuance, renewal and replacement process. B. The training and education required by subsection A of this section shall be offered or made available: 1. At reasonable cost to motor license agents licensed operators and motor license agency licensed operator employees seeking authorization to participate in the REAL ID Compliant Driver License and Identification Card issuance, renewal and replacement process; and 2. On a regular basis as the Department of Public Safety Service Oklahoma determines necessary and compliant in accordance with the Department of Homeland Security: a. at on-site locations located or rotating throughout the state, which shall not exceed four (4) hours in duration and shall cost no more than Fifty Dollars ($50.00) to the motor license agents licensed operators and motor license agent licensed operator employees, and b. through an American Association of Motor Vehicle Administrators (AAMVA) on-line resource that is approved by the Department of Homeland Security. C. Every motor license agent seeking authorization to process approved applications or renewals for REAL ID Compliant Driver Licenses or Identification Cards shall be furnished all equipment required for such processing by the Department of Public Safety Service Oklahoma without charge to the motor license agent licensed operator . D. The Department of Public Safety Service Oklahoma shall promulgate rules as necessary to implement the provisions of this section. |SECTION 55. AMENDATORY 47 O.S. 2021, Section 6-111, is amended to read as follows: Section 6-111. A. 1. The Department of Public Safety Service Oklahoma shall, upon payment of the required fee, issue to every applicant qualifying therefor a Class A, B, C or D driver license or identification card as applied for, which license or card shall bear thereon a distinguishing alphanumeric identification assigned to the licensee or cardholder, date of issuance and date of expiration of the license or card, the full legal name, signature or computerized signature, date of birth, residence address, unless specified as an exception in the Code of Federal Regulations per 6 C.F.R., Section 37.17, sex, a computerized color image of the licensee or cardholder taken in accordance with Department Service Oklahoma rules and security features as determined by the Department Service Oklahoma . The image shall depict a full front unobstructed view of the entire face of the licensee or cardholder; provided, a commercial learner permit shall not bear the image of the licensee. When any person is issued both a driver license and an identification card, the Department Service Oklahoma shall ensure the information on both the license and the card are the same, unless otherwise provided by law. 2. A driver license or identification card issued by the Department Service Oklahoma on or after March 1, 2004, shall bear thereon the county of residence of the licensee or cardholder. 3. The Department Service Oklahoma may cancel the distinguishing number, when that distinguishing number is another person's Social Security number, assign a new distinguishing alphanumeric identification, and issue a new license or identification card without charge to the licensee or cardholder. 4. The Department Service Oklahoma may promulgate rules for inclusion of the height and a brief description of the licensee or cardholder on the face of the card or license identifying the licensee or cardholder as deaf or hard-of-hearing. 5. It is unlawful for any person to apply, adhere, or otherwise attach to a driver license or identification card any decal, sticker, label, or other attachment. Any law enforcement officer is authorized to remove and dispose of any unlawful decal, sticker, label, or other attachment from the driver license of a person. The law enforcement officer, the employing agency of the officer, the Department of Public Safety Service Oklahoma , and the State of Oklahoma shall be immune from any liability for any loss suffered by the licensee, cardholder, or the owner of the decal, sticker, label, or other attachment caused by the removal and destruction of the decal, sticker, label, or other attachment. 6. The Department of Public Safety Service Oklahoma may develop by rule a procedure which complies with the provisions of subsection G of Section 6-101 of this title whereby a person may apply for a renewal or replacement Oklahoma Class D license or Oklahoma identification card. B. 1. The Department Service Oklahoma may issue or authorize the issuance of a temporary permit or license to an applicant for a driver license permitting such applicant to operate a motor vehicle while the Department Service Oklahoma is completing its investigation and determination of all facts relative to such applicant's privilege to receive a license, or while a permanent driver license is being produced and delivered to the applicant. Such permit or license must be in the immediate possession of the driver while operating a motor vehicle, and it shall be invalid when the applicant's permanent driver license has been issued and delivered or for good cause has been refused. 2. The Department Service Oklahoma may issue or authorize the issuance of a temporary identification card to an applicant, permitting the holder the privileges otherwise granted by identification cards, while a permanent driver license is being provided and delivered to the applicant. Such card shall be invalid when the applicant's permanent identification card has been issued and delivered, or for good cause has been refused. C. 1. The Department Service Oklahoma may issue a restricted commercial driver license to drivers eighteen (18) years of age or older for any of the following specific farm-related service industries: a. farm retail outlets and suppliers, b. agri-chemical businesses, c. custom harvesters, and d. livestock feeders. The applicant shall hold a valid Oklahoma driver license and shall meet all the requirements for a commercial driver license. The restricted commercial driver license shall not exceed a total of one hundred eighty (180) days within any twelve-month period. 2. The restricted commercial driver license shall not be valid for operators of commercial motor vehicles beyond one hundred fifty (150) miles from the place of business or the farm currently being served. Such license shall be limited to Class B vehicles. Holders of such licenses who transport hazardous materials which are required to be placarded shall be limited to the following: a. diesel fuel in quantities of one thousand (1,000) gallons or less, b. liquid fertilizers in vehicles with total capacities of three thousand (3,000) gallons or less, and c. solid fertilizers that are not mixed with any organic substance. No other placarded hazardous materials shall be transported by holders of such licenses. D. The Department Service Oklahoma may issue a non-domiciled commercial learner permit or a non-domiciled commercial driver license to: 1. An H2A-Temporary Agricultural worker lawfully present in the United States as indicated on an original, valid and unexpired I-94 immigration status document issued by the United States Customs and Immigration Service; and 2. A J-1 Exchange Visitor Program participant lawfully present in the United States as indicated on a valid and unexpired J-1 Visitor Visa issued by the United States Customs and Immigration Service and who is enrolled in an agricultural education training program. A person applying for such permit or license must comply with all testing and licensing requirements in accordance with applicable federal regulations, state laws and Department Service Oklahoma rules. The issued license shall be valid until the expiration of the visa for the non-domiciled worker. The Department Service Oklahoma may promulgate rules for the implementation of the process to carry out the provisions of this section. E. 1. The Department Service Oklahoma shall develop a procedure whereby a person applying for an original, renewal or replacement Class A, B, C or D driver license or identification card who is required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act and who the Department of Corrections designates as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes shall be issued a license or card bearing the words "Sex Offender". 2. The Department Service Oklahoma shall notify every person subject to registration under the provisions of Section 1-101 et seq. of this title who holds a current Class A, B, C or D driver license or identification card that such person is required to surrender the license or card to the Department Service Oklahoma within one hundred eighty (180) days from the date of the notice. 3. Upon surrendering the license or card for the reason set forth in this subsection, application may be made with the Department Service Oklahoma for a replacement license or card bearing the words "Sex Offender". 4. Failure to comply with the requirements set forth in such notice shall result in cancellation of the person's license or card. Such cancellation shall be in effect for one (1) year, after which time the person may make application with the Department Service Oklahoma for a new license or card bearing the words "Sex Offender". Continued use of a canceled license or card shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00). When an individual is no longer required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act, the individual shall be eligible to receive a driver license or identification card which does not bear the words "Sex Offender". F. Nothing in subsection E of this section shall be deemed to impose any liability upon or give rise to a cause of action against any employee, agent or official of the Department of Corrections for failing to designate a sex offender as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes. G. A person subject to an order for the installation of an ignition interlock device shall be required by the Department Service Oklahoma to submit their driver license for a replacement. The replacement driver license shall bear the words "Interlock Required" and such designation shall remain on the driver license for the duration of the order requiring the ignition interlock device. The replacement license shall be subject to the same expiration and renewal procedures provided by law. Upon completion of the requirements for the interlock device, a person may apply for a replacement driver license. H. The Department Service Oklahoma shall develop a procedure whereby a person applying for an original, renewal or replacement Class D driver license who has been granted modified driving privileges under this title shall be issued a Class D driver license which identifies the license as a modified license. |SECTION 56. AMENDATORY 47 O.S. 2021, Section 6-114, is amended to read as follows: Section 6-114. A. 1. In the event that a driver license is lost, destroyed or requires the updating of any information, restriction or endorsement displayed thereon, the person to whom such license was issued may obtain a replacement thereof pursuant to the provisions of subsection G of Section 6-101 of this title, and upon payment of the required fee. If the person is an alien, the person shall appear before a driver license examiner of the Department Service Oklahoma or a licensed operator and, after furnishing primary and secondary proofs of identity as required in this section, shall be issued a replacement driver license for a period which does not exceed the lesser of: a. the expiration date of the license being replaced, or b. the expiration date on the valid documentation authorizing the presence of the person in the United States, as required by paragraph 9 of subsection A of Section 6-103 of this title. 2. The cost of a replacement license shall be Twenty-five Dollars ($25.00), of which: a. Two Dollars ($2.00) shall be apportioned as provided in Section 1104 of this title, b. Three Dollars ($3.00) shall be remitted to the State Treasurer to be credited to the General Revenue Fund, c. Five Dollars ($5.00) shall be credited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of administering and maintaining the computer imaging system of the Department through October 31, 2022. Beginning November 1, 2022, Five Dollars ($5.00) shall be credited to the Service Oklahoma Computer Imaging System Revolving Fund to be used solely for the purpose of administering and maintaining the computer imaging system of Service Oklahoma , d. Ten Dollars ($10.00) shall be credited to the Revolving Fund of the Department of Public Safety through October 31, 2022. Beginning November 1, 2022, the Ten Dollars ($10.00) shall be credited to the Service Oklahoma Revolving Fund , e. Three Dollars ($3.00) shall be deposited to the State Public Safety Fund created in Section 2-147 of this title, and f. (1) Two Dollars ($2.00) of the fee authorized by this paragraph related to the replacement of a driver license by a motor license agent that licensed operator who does not process approved applications or renewals for REAL ID Compliant Driver Licenses or Identification Cards shall be deposited, in addition to the amount authorized by subparagraph e of this paragraph, to the State Public Safety Fund created in Section 2-147 of this title, or (2) Two Dollars ($2.00) of the fee authorized by this paragraph related to the replacement of a driver license by a motor license agent that licensed operator who does process approved applications or renewals for REAL ID Compliant Driver Licenses or Identification Cards shall be retained by the motor license agent licensed operator . 3. The Department Service Oklahoma shall promulgate rules prescribing forms of primary and secondary identification acceptable for replacement of an Oklahoma driver license; provided, however, a valid and unexpired U.S. passport shall be acceptable as both primary and secondary identification. B. Any person desiring to add or remove an endorsement or endorsements or a restriction or restrictions to any existing driver license, when authorized by the Department of Public Safety Service Oklahoma , shall obtain a replacement license with the endorsement or endorsements or the restriction or restrictions change thereon and shall be charged the fee for a replacement license as provided in subsection A of this section. |SECTION 57. AMENDATORY 47 O.S. 2021, Section 6-115, is amended to read as follows: Section 6-115. A. Except as otherwise provided in this section, every driver license shall be issued for a period of either four (4) years or eight (8) years; provided, if the applicant or licensee is an alien, the license shall be issued for a period which does not exceed the lesser of: 1. Four (4) years or eight (8) years; or 2. The expiration date on the valid documentation authorizing the presence of the applicant or licensee in the United States, as required by paragraph 9 of subsection A of Section 6-103 of this title. B. Except as otherwise provided in this section, the expiration date of an initial license shall be no more than either four (4) years or eight (8) years from the last day of the month of issuance or no more than either four (4) years or eight (8) years from the last day of the birth month of the applicant immediately preceding the date of issuance, if requested by the applicant. C. Except as otherwise provided in this section, the expiration date of a renewal license shall be: 1. For a renewal during the month of expiration, either four (4) years or eight (8) years from the last day of the month of expiration of the expiring license or either four (4) or eight (8) years from the last day of the birth month of the licensee immediately preceding the expiration date of the expiring license, if requested by the licensee; or 2. For a renewal prior to the month of expiration, as provided by rule of the Department Service Oklahoma , either four (4) or eight (8) years from the last day of the month of expiration of the current license; provided, no license shall be issued with an expiration date of more than five (5) years from the date of renewal on a four (4) year license or nine (9) years from the date of renewal on an eight (8) year license. D. Notwithstanding the provisions of subsection E of Section 1550.42 of Title 21 of the Oklahoma Statutes, any Oklahoma driver license that is not more than one (1) year past the date of expiration provided on the driver license shall be presumed to be a valid form of identification for the purposes of renewing an Oklahoma driver license. E. Except as otherwise provided in this section, every driver license shall be renewable by the licensee upon application to either the Department of Public Safety Service Oklahoma or a motor license agent licensed operator , furnishing the current mailing address of the person and payment of the required fee, if the person is otherwise eligible for renewal. If the licensee is an alien, the licensee shall appear before a driver license examiner of the Department Service Oklahoma and shall be issued a renewal driver license for a period which does not exceed the lesser of: 1. Four (4) years or eight (8) years; or 2. The expiration date on the valid documentation authorizing the presence of the applicant or licensee in the United States, as required by paragraph 9 of subsection A of Section 6-103 of this title. F. All applicants for renewals of driver licenses who have proven collision records or apparent physical defects may be required to take an examination as specified by the Commissioner of Public Safety Service Oklahoma . G. When a person makes application for a driver license, or makes application to renew a driver license, and the person has been convicted of, or received a deferred judgment for, any offense required to register pursuant to the Sex Offenders Registration Act, the driver license shall be valid for a period of one (1) year from the month of issuance, but may be renewed yearly during the time the person is registered on the Sex Offender Registry. Notwithstanding any other provision of law, the cost for such license shall be the same as for other driver licenses and renewals. H. The Department of Public Safety Service Oklahoma shall promulgate rules prescribing forms of identification acceptable for the renewal of an Oklahoma driver license. |SECTION 58. AMENDATORY 47 O.S. 2021, Section 6-116, is amended to read as follows: Section 6-116. A. Whenever any person, after applying for or receiving a driver license or identification card, shall: 1. Change the mailing address named in such application; 2. Change the residence address displayed on the license or card issued to the person; 3. Move from the person's previous county; or 4. Change the name of a licensee by marriage or otherwise, such person shall notify the Department of Public Safety Service Oklahoma as provided in subsection B of this section. B. Within ten (10) days such person shall notify the Department of Public Safety Service Oklahoma in writing of the number of any driver license and identification card then held by the person and, as applicable: 1. Both the old and new mailing addresses; 2. Both the old and new residence addresses; 3. Both the old and new counties of residence; or 4. Both the former and new names. C. The Department of Public Safety Service Oklahoma shall not: 1. Change a county of residence unless the person specifically notifies the Department Service Oklahoma of such change; and 2. Presume that a new mailing address which is a different county than the old mailing address means that the person has changed his or her county of residence, and shall not change the county of residence unless specifically notified of such change. |SECTION 59. AMENDATORY 47 O.S. 2021, Section 6-117, is amended to read as follows: Section 6-117. A. The Department of Public Safety Service Oklahoma shall file every application for a driver license or identification card received by the Department Service Oklahoma and shall maintain suitable indexes containing: 1. All applications denied and on each thereof note the reasons for the denial; 2. All applications granted; 3. The name of every person whose driving privilege has been suspended, revoked, canceled, or disqualified by the Department Service Oklahoma and after each such name note the reasons for the action. Any notation of suspension of the driving privilege of a person for reason of nonpayment of a fine shall be removed from the driving record after the person has paid the fine and the driving privilege of the person is reinstated as provided for by law; 4. The county of residence, the name, date of birth, and mailing address of each person residing in that county who is eighteen (18) years of age or older, and who is the holder of a current driver license or a current identification card issued by the Department of Public Safety Service Oklahoma for the purpose of ascertaining names of all persons qualified for jury service as required by Section 18 of Title 38 of the Oklahoma Statutes; and 5. The name, driver license number, and mailing address of every person for the purpose of giving notice, if necessary, as required by Section 2-116 of this title. B. The Department Service Oklahoma shall file all collision reports and abstracts of court records of convictions received by it pursuant to the laws of this state and maintain convenient records of the records and reports or make suitable notations in order that an individual record of a person showing the convictions of the person and the traffic collisions in which the person has been involved shall be readily ascertainable and available for the consideration of the Department of Public Safety Service Oklahoma upon any application for a driver license or renewal of a driver license and at other suitable times. Any abstract, index or other entry relating to a driving record according to the licensing authority in another state or a province of Canada may be posted upon the driving record of any resident of this state when notice thereof is received by documentation or by electronic transmission. The individual record of a person shall not include any collision reports and abstracts of court records involving a collision in which the person was not issued a citation or if a citation is issued and the person was not convicted. C. 1. The Commissioner and the officers of the Department as the Commissioner Service Oklahoma may designate are and is hereby authorized to prepare under the seal of the Department Service Oklahoma and deliver upon request a copy of any collision report on file with the Department, charging a fee of: a. beginning on July 1, 2011, through June 30, 2013, Fifteen Dollars ($15.00), of which Eight Dollars ($8.00) shall be deposited by the Commissioner to the credit of the Department of Public Safety Revolving Fund and, in addition to other purposes authorized by law, the expenditures from that fund of monies derived from the Eight Dollars ($8.00) pursuant to this subparagraph shall be used to fund any Oklahoma Highway Patrol Trooper Academy provided by the Department. Any remaining funds shall be deposited in an account to be utilized exclusively for future expenses directly related to the operation of an Oklahoma Highway Patrol Academy, and b. beginning on July 1, 2013, and any year thereafter, Seven Dollars ($7.00). However, the Department Service Oklahoma shall not be required to furnish personal information from the collision report which is contrary to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. 2. Notwithstanding the provisions of paragraph 1 of this subsection, the Department Service Oklahoma is authorized to enter into contracts to supply information regarding vehicles reported to be involved in collisions. For each vehicle, the information shall be limited to that which only describes the vehicle and the collision. The Department Service Oklahoma shall not be required to provide any information regarding the owner or operator of the vehicle or any information which would conflict with Section 2-110 or Section 1109 of this title. D. The Department of Public Safety Service Oklahoma or any motor license agent licensed operator upon request shall prepare and furnish to any authorized person a Motor Vehicle Report of any person subject to the provisions of the motor vehicle laws of this state. However, the Department Service Oklahoma shall not be required to furnish personal information from a driving record contrary to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. The Motor Vehicle Report shall be a summary of the driving record of the person and shall include the enumeration of any motor vehicle collisions, reference to convictions for violations of motor vehicle laws, and any action taken against the privilege of the person to operate a motor vehicle, as shown by the files of the Department Service Oklahoma for the three (3) years preceding the date of the request. The Motor Vehicle Report, to include any record or information associated with the Motor Vehicle Report, shall not be deemed a "public civil record" as defined in Section 18 of Title 22 of the Oklahoma Statutes, and shall not be subject to expungement. The Department Service Oklahoma shall not be required to release to any person, in whole or in part and in any format, a driving index, as described in subsection A of this section, except as otherwise provided for by law. For each Motor Vehicle Report furnished by the Department of Public Safety Service Oklahoma , the Department Service Oklahoma shall collect the sum of Twenty-five Dollars ($25.00), Twenty Dollars ($20.00) of which shall be deposited in the General Revenue Fund and Five Dollars ($5.00) of which shall be deposited in the Department of Public Safety Revolving Fund through October 31, 2022. Beginning November 1, 2022, the Five Dollars ($5.00) shall be deposited in the Service Oklahoma Revolving Fund . For each Motor Vehicle Report furnished by a motor license agent licensed operator , the agent licensed operator shall collect the sum of Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which shall be paid to the Oklahoma Tax Commission for deposit in the General Revenue Fund in the State Treasury, Five Dollars ($5.00) of which shall be deposited in the Department of Public Safety Revolving Fund and Two Dollars ($2.00) of which shall be retained by the motor license agent licensed operator through October 31, 2022. Beginning November 1, 2022, for each Motor Vehicle Report furnished by a licensed operator, the licensed operator shall collect the sum of Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which shall be paid to the Oklahoma Tax Commission for deposit in the General Revenue Fund in the State Treasury, Five Dollars ($5.00) of which shall be deposited in the Service Oklahoma Revolving Fund and Two Dollars ($2.00) of which shall be retained by the licensed operator . Persons sixty-five (65) years of age or older shall not be required to pay a fee for their own Motor Vehicle Report furnished by the Department Service Oklahoma or a motor license agent licensed operator . For purposes of this subsection, a Motor Vehicle Report shall include a report which indicates that no driving record is on file with the Department of Public Safety Service Oklahoma for the information received by the Department Service Oklahoma in the request for the Motor Vehicle Report. E. The Department of Public Safety Service Oklahoma may develop procedures whereby an acting agent of an employer or an employer of a person: 1. Who has a Class A, B, C or D driver license; and 2. Who operates a commercial, company-owned or personal motor vehicle during the course of business in the course of his or her employment with the employer, may automatically be notified, pursuant to a fee schedule established by the Department Service Oklahoma , should the driving record of a person reflect a traffic conviction in any court or an administrative action by the Department Service Oklahoma which alters the status of the commercial driving privileges of the person, or any other change to the driving status. The notification system shall include electronic delivery of a Motor Vehicle Report at least annually for any employee who is a commercial driver licensee or who operates a commercial motor vehicle, as required by 49 C.F.R., Section 391.25, or who operates a company-owned or personal motor vehicle during the course of business. All monies received by the Commissioner of Public Safety and the officers and employees of the Department pursuant to this subsection shall be deposited in the Department of Public Safety Restricted Revolving Fund through October 31, 2022. Beginning November 1, 2022, all monies received by the Director of Service Oklahoma and the officers and employees of Service Oklahoma pursuant to this subsection shall be deposited in the Service Oklahoma Revolving Fund . For each Motor Vehicle Report furnished by the Department Service Oklahoma , through the electronic notification system, the Department Service Oklahoma shall collect the sum of Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which shall be deposited in the General Revenue Fund in the State Treasury. Five Dollars ($5.00) shall be deposited in the Department of Public Safety Revolving Fund through October 31, 2022. Beginning November 1, 2022, for each Motor Vehicle Report furnished by Service Oklahoma, through the electronic notification system, Service Oklahoma shall collect the sum of Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which shall be deposited in the General Revenue Fund in the State Treasury, and Five Dollars ($5.00) of which shall be deposited in the Service Oklahoma Revolving Fund . Two Dollars ($2.00) shall be retained by the Department Service Oklahoma or its authorized agent for the purpose of development and maintenance of the electronic notification system. F. The Commissioner Service Oklahoma is authorized to establish a procedure for reviewing the driving records of state residents who are existing policyholders of any insurance company licensed to operate in this state during specified periods of time and producing a report which identifies the policyholders which have had violation and/or status changes to their driving records during such time period. The Department Service Oklahoma may sell such report to the insurance company or its agent at a fee to be set by the Department Service Oklahoma . Any such report sold by the Department Service Oklahoma shall only consist of information otherwise lawfully obtainable by the insurance company or its agent. The fee shall be sufficient to recover all costs incurred by the Department Service Oklahoma and insure ensure that there will be no net revenue loss to the state. Such fee shall be deposited in the Department of Public Safety Revolving Fund through October 31, 2022. Beginning November 1, 2022, such fee shall be deposited in the Service Oklahoma Revolving Fund . G. All monies received by the Commissioner of Public Safety or Service Oklahoma and the officers and employees of the Department or Service Oklahoma shall be remitted to the State Treasurer to be credited to the General Revenue Fund in the State Treasury except as otherwise provided for by law. |SECTION 60. AMENDATORY 47 O.S. 2021, Section 6-118, is amended to read as follows: Section 6-118. A. There is hereby created a Driver License Medical Advisory Committee whose membership shall be composed of two members appointed by the State Commissioner of Health, two members appointed by the Commissioner of Public Safety, one member appointed by the Governor, one member appointed by the President Pro Tempore of the Senate, and one member appointed by the Speaker of the House of Representatives. One member appointed by the State Commissioner of Health, one member appointed by the Commissioner of Public Safety and the member appointed by the Governor shall each serve two (2) years and one member appointed by the State Commissioner of Health, one member appointed by the Commissioner of Public Safety, the member appointed by the President Pro Tempore of the Senate and the member appointed by the Speaker of the House of Representatives shall each serve three (3) years. The terms of the seven (7) members of the committee shall expire on the first day of January of the year in which the term of each member expires. The personnel of the Board shall include, but not be limited to, an internist, vision specialist, orthopedic surgeon, neurologist, and psychiatrist. Members of the Committee shall serve in the interest of public health, safety and welfare, without compensation for their services. The Committee shall meet from time to time as its duties may require, or when called by the Commissioner of Public Safety. The Commissioner is authorized to use appropriated funds for meal expenses related to such meetings. The Committee may use additional medical doctors, psychologists or medical support specialists and delegate the authority to act and recommend action on behalf of the Committee when such delegation is approved by the Commissioner of Public Safety. B. The Committee shall recommend standards for determining the physical, emotional and mental capacity of applicants for driver licenses and holders of driver licenses, and submit the recommended standards to the Commissioner of Public Safety Service Oklahoma for adoption. The Commissioner Service Oklahoma shall also solicit input on the recommended standards from select medical professional organizations including, but not limited to, the American Diabetes Association and the American Heart Association before adopting such standards. In cases of ailment or disability not specifically covered by the adopted standards, the Committee may consider each case or delegate consideration of the case to its selected representative and may consider the individual's own compensating abilities in making its recommendations to the Department of Public Safety Service Oklahoma . C. The Commissioner of Public Safety Service Oklahoma shall give due consideration to the findings and recommendations of the Committee, which may be used, together with other available information, in determining the applicant's or licensee's ability to operate a motor vehicle with a reasonable degree of safety and in accordance with established standards of the Department of Public Safety Service Oklahoma . The Department Service Oklahoma may require physical, psychological, vision, written or driving tests when necessary to make a determination pursuant to this section. Such findings and recommendations shall be considered with other evidence in determining whether the license should be canceled or denied. D. Any person whose driver license is canceled or who is denied a driver license under the provisions of this section shall have the right to an appeal as provided for in Section 6-211 of this title. The findings and recommendations of the Committee or its selected representative, in written or oral form shall be admissible as evidence and shall be considered by the court in determining whether the action of the Department Service Oklahoma was justified. E. Members of the Driver License Medical Advisory Committee or its selected representative shall not be held liable for their requested standards, opinions and recommendations presented in good faith , for consideration by the Department of Public Safety Service Oklahoma or consideration by the court. |SECTION 61. AMENDATORY 47 O.S. 2021, Section 6-119, is amended to read as follows: Section 6-119. A. When the Department of Public Safety Service Oklahoma has good cause to believe that a licensee or applicant for license to drive a motor vehicle may be afflicted with any physical or mental ailment or condition including diabetes which may cause loss of control or partial control or may otherwise be incapable of properly controlling a motor vehicle, or when a licensee's or applicant's accident or violation record indicates the licensee or applicant may be a hazard to public safety, the Department of Public Safety Service Oklahoma is hereby authorized to require the licensee or applicant to submit to a physical and/or psychological examination as prescribed by the Commissioner Service Oklahoma based upon recommendations of the State Driver's License Medical Advisory Committee or its selected representative, and/or complete a driver improvement school, and/or be examined again as provided by Section 6-110 of this title. All physical and/or mental examinations shall be conducted in the county of the residence of the applicant or licensee or in the nearest county to the applicant or licensee where the examination can be completed. Any driver improvement school or examination as provided by Section 6-110 of this title shall be completed in the same location as other applicants or licensees living in the same county as the applicant or licensee who is required to complete the school or examination. Unless the Department receives a verified written report as provided for in subsection B of this section specifying the need for an examination of the applicant or licensee, persons afflicted by diabetes shall not be required to submit to any additional requirements beyond those requirements for a person not affected by diabetes before receiving a license or a renewal of a license to operate a motor vehicle. B. Every license issued to a person specified in subsection A of this section shall be renewable upon payment of the required fee; provided, the Department of Public Safety Service Oklahoma has not received a report from a law enforcement officer stating that the person is a hazard to the public safety and should be evaluated pursuant to the provisions of subsection A of this section or a verified medical report from a licensed physician stating that the person is incapable of properly controlling a motor vehicle. If any report indicates that the physical or mental ailment or condition has failed to remain stable or that the condition is progressive to a degree that the person is deemed to be a hazard to the public safety or is incapable of properly controlling a motor vehicle, the Department of Public Safety Service Oklahoma shall evaluate the person to determine if additional verified medical reports shall be required before issuing or renewing any drivers license or during the period a license is valid. C. The Department Service Oklahoma may require any person specified in subsection A of this section to be retested any time prior to such person's application for renewal of a license if the Department receives a written report from any law enforcement officer, a verified report from a licensed physician, or a verified report from such other person authorized by the Department Service Oklahoma indicating the person's physical or mental ailment or condition has contributed to an accident or has deteriorated since issuance of the license to such a degree the person could lose control or partial control or may otherwise cause such person to be incapable of properly controlling a motor vehicle. |SECTION 62. AMENDATORY 47 O.S. 2021, Section 6-119A, is amended to read as follows: Section 6-119A. A. Within six (6) months of the effective date of this act, the Commissioner of Public Safety Service Oklahoma , shall, in conjunction with the Driver License Medical Advisory Committee, promulgate rules that shall provide for a restricted driver license for bioptic driving in this state. B. As used in this section, "bioptic driving" shall mean a method of driving that utilizes both the person's general vision in combination with intermittent spotting through a small telescopic system that improves the sharpness of the person's far vision. |SECTION 63. AMENDATORY 47 O.S. 2021, Section 6-120, is amended to read as follows: Section 6-120. A. The Department Service Oklahoma is hereby authorized to cancel, deny, or disqualify the driver license, driving privilege or application of any individual who: 1. Fails to comply with any of the requirements of Section 6- 119 of this title within thirty (30) days after being notified by the Department Service Oklahoma ; 2. Is unable to demonstrate the ability to operate a motor vehicle as provided by this title or whose driving constitutes a danger to the welfare and safety of persons using the streets and highways of the State of Oklahoma; or 3. Fails to pass an examination pursuant to Sections 6-110, 6- 115 or 6-119 of this title. B. If a person is required to be examined pursuant to Sections 6-110, 6-115 or 6-119 of this title, the Department shall impose the appropriate restriction or restrictions on the license that are necessary to ensure the safe operation of a motor vehicle as provided under Section 6-113 of this title. C. Any person whose driver license or driving privilege is canceled, denied, or disqualified under the provisions of this section shall have the right to an appeal as provided in Section 6- 211 of this title. D. Any person whose Class A, B, or C driver license or driving privilege is disqualified under the provisions of this section shall relinquish to the Department Service Oklahoma the Class A, B, or C driver license and may replace it with a Class D driver license, if the person is otherwise qualified for a Class D driver license. |SECTION 64. AMENDATORY 47 O.S. 2021, Section 6-122, is amended to read as follows: Section 6-122. The Department of Public Safety Service Oklahoma may develop procedures whereby driver licenses issued under the provisions of Section 6-101 et seq. of this title may be renewed or replaced by the applicant by mail or online except for licenses to be renewed or replaced by aliens as prescribed by subsection E of Section 6-115 of this title. Any license issued pursuant to this section shall be valid for a period as prescribed in Section 6-115 of this title. The Department Service Oklahoma shall not renew or replace a license by mail or online unless the immediately preceding issuance, renewal or replacement was done in person by the applicant. Provided, any person or the spouse or dependent of a person: 1. Who is on active duty with the Armed Forces of the United States; or 2. Who is currently employed as a civilian contractor with the Armed Forces of the United States, living outside of Oklahoma and having a valid class D driver license issued by the State of Oklahoma, requiring no material change, may apply for no more than three consecutive renewals or replacement of such license by mail or online, in accordance with Department Service Oklahoma rules. A fourth consecutive renewal or replacement must be done in person. |SECTION 65. AMENDATORY 47 O.S. 2021, Section 6-124, as amended by Section 9, Chapter 229, O.S.L. 2017, is amended to read as follows: Section 6-124. A. As a way to honor and recognize the veterans who have served our country, the Department of Public Safety Service Oklahoma shall make space available in the upper left-hand corner of the front of the driver license and the identification card for a flag emblem and the word "veteran" to be designed by the Department Service Oklahoma that will serve as a notation of veteran status. B. Upon application for issuance or renewal of the driver license or identification card and in addition to other documentation required by the Department Service Oklahoma , persons requesting the flag emblem shall be registered with the veterans registry created by the Oklahoma Department of Veterans Affairs. Provided, that if the person requesting the flag emblem has previously received a flag emblem pursuant to this subsection, no registration with the veterans registry shall be required to receive the flag emblem. The Department of Public Safety Service Oklahoma shall promulgate any rule necessary to implement the provisions of this section. |SECTION 66. AMENDATORY 47 O.S. 2021, Section 6-201, is amended to read as follows: Section 6-201. A. The Department of Public Safety Service Oklahoma is hereby authorized to cancel or deny any person's driving privilege upon determining that the person: 1. Is not entitled to a driver license or identification card issued to the person; or 2. Failed to give the required or correct information in the application. Upon such cancellation or denial, the person to whom the license or card was issued shall surrender the license or card so canceled to the Department Service Oklahoma . The person may apply for a valid driver license or identification card, if the person is otherwise eligible. Any person whose driving privilege is canceled or denied under the provisions of this subsection shall have the right to an appeal as provided in Section 6-211 of this title. B. Upon determination by the Department Service Oklahoma that any person: 1. Used fraudulent information to apply for or obtain a driver license or identification card; 2. Committed or aided another person in the commission of any act provided in subparagraph b, c, e, g, or h of paragraph 1 of Section 6-301 of this title; or 3. Committed or aided another person in the commission of any act provided in subparagraph a, b, c, d, e, or f of paragraph 2 of Section 6-301 of this title, the Department Service Oklahoma shall revoke the person's driving privilege for a period of sixty (60) days for a first determination. For a second or subsequent determination by the Department Service Oklahoma under paragraph 1, 2 or 3 of this subsection, the person's driving privilege shall be revoked for a period of six (6) months. Such periods shall not be subject to modification. Upon such revocation, the person to whom the license or card was issued shall surrender the license or card to the Department Service Oklahoma . The person may apply for a valid identification card, if the person is otherwise eligible. C. A determination, as provided for in subsection B of this section, shall include: 1. A conviction in any court, when the conviction becomes final; or 2. The findings of an investigation by the Identity Verification Unit, the Oklahoma Highway Patrol Division, or a designee of the Commissioner of Public Safety Director of Service Oklahoma . D. Any person whose driving privilege is revoked under the provisions of subsection B of this section may be required to obtain a release from the Identity Verification Unit of the Department , the Oklahoma Highway Patrol Division, or a designee of the Commissioner of Public Safety Director of Service Oklahoma before being considered for reinstatement of driving privileges. E. Any person whose driving privilege is revoked under the provisions of subsection B of this section shall have the right to an appeal as provided in Section 6-211 of this title. |SECTION 67. AMENDATORY 47 O.S. 2021, Section 6-202, is amended to read as follows: Section 6-202. A. The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the Department Service Oklahoma in like manner and for like cause as any Oklahoma driver's driver license issued hereunder may be suspended or revoked. Any person who does not possess a valid driver's driver license in this state or any foreign state may have his or her privilege to operate a motor vehicle in this state suspended or revoked in like manner and for like cause as a driver's driver license issued hereunder may be suspended or revoked. Persons whose driving privileges have been suspended because of failure to furnish proof of insurance shall be required to furnish proof of financial responsibility as required by the provisions of the Financial Responsibility Act. B. The Department of Public Safety Service Oklahoma is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. |SECTION 68. AMENDATORY 47 O.S. 2021, Section 6-203, is amended to read as follows: Section 6-203. The Department Service Oklahoma shall suspend or revoke the license or driving privilege of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of offenses therein which, if committed in this state, would be grounds for the suspension or revocation of the individual's driving privilege. An appeal may be had from such order of suspension, as provided in Section 6-211 of this title. |SECTION 69. AMENDATORY 47 O.S. 2021, Section 6-204, is amended to read as follows: Section 6-204. A. Whenever any person is convicted of any offense for which this title makes mandatory the revocation of the driving privilege of such person by the Department Service Oklahoma as provided in Section 6-205 of this title, the court in which such conviction occurred may require the surrender to it of all driver licenses then held by the person so convicted and the court shall thereupon forward the same together with a record of such conviction to the Department Service Oklahoma . B. Every court, including courts not of record, having jurisdiction over offenses committed under this act, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall forward to the Department Service Oklahoma a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking, and may recommend the suspension of the driving privileges of the person so convicted. C. For the purposes of Section 6-101 et seq. of this title, the term "conviction" shall mean a final conviction or shall mean a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated. |SECTION 70. AMENDATORY 47 O.S. 2021, Section 6-205, is amended to read as follows: Section 6-205. A. The Department of Public Safety Service Oklahoma shall immediately revoke the driving privilege of any person, whether adult or juvenile, upon receiving a record of conviction, in any municipal, state or federal court within the United States of any of the following offenses, when such conviction has become final: 1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle; 2. Driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, any violation of paragraph 1, 2, 3, 4 or 5 of subsection A of Section 11-902 of this title or any violation of Section 11-906.4 of this title. However, the Department Service Oklahoma shall not additionally revoke the driving privileges of the person pursuant to this subsection if the driving privilege of the person has been revoked because of a test result or test refusal pursuant to Section 753 or 754 of this title arising from the same circumstances which resulted in the conviction unless the revocation because of a test result or test refusal is set aside; 3. Driving a motor vehicle during the commission of a felony; 4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; 5. Perjury or the making of a false affidavit or statement under oath to the Department Service Oklahoma under the Uniform Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; 6. A felony conviction for unlawfully distributing, dispensing, manufacturing, trafficking, attempting or conspiring to distribute, dispense, manufacture, or traffic a controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act while driving a motor vehicle; 7. A misdemeanor conviction for a violation of Section 1-229.34 of Title 63 of the Oklahoma Statutes; 8. Failure to obey a traffic control device as provided in Section 11-202 of this title or a stop sign when such failure results in great bodily injury to any other person; or 9. Failure to stop or to remain stopped for school bus loading or unloading of children pursuant to Section 11-705 or 11-705.1 of this title. B. The first license revocation under any provision of this section, except for paragraph 2, 3, 6, 7, or 9 of subsection A of this section, shall be for a period of one (1) year. Such period shall not be modified. C. A license revocation under any provision of this section, except for paragraph 2, 3, 6, or 7 of subsection A of this section, shall be for a period of three (3) years if a prior revocation under this section commenced within the preceding five-year period as shown by the records of the Department Service Oklahoma . Such period shall not be modified. D. The period of license revocation under paragraph 2, 3 or 6 of subsection A of this section shall be governed by the provisions of Section 6-205.1 of this title. E. The first license revocation under paragraph 7 of subsection A of this section shall be for a period of six (6) months. Such periods shall not be modified. F. The first license revocation under paragraph 9 of subsection A of this section shall be for a period of one (1) year. Such period may be modified. Any appeal of the revocation of driving privilege under paragraph 9 of subsection A of this section shall be governed by Section 6-211 of this title; provided, any modification under this subsection shall apply to Class D motor vehicles only. G. As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. H. Any person whose driving privileges are or have been canceled or denied pursuant to this section, except for paragraph 1, 2 or 8 of subsection A of this section, may file a petition for relief based upon error or hardship. 1. The petition shall be filed in the district court which notified the Department Service Oklahoma . If the Notification originated in a municipal court, the petition shall be filed in the district court of the county in which the municipal court is located. A copy of the Notification and a copy of the Department's Service Oklahoma's action canceling or denying driving privileges pursuant to this section shall be attached to the petition. 2. The district court shall conduct a hearing on the petition and may determine the matter de novo, without notice to the Department Service Oklahoma and, if applicable, without notice to the municipal court; provided, the district court shall not consider a collateral attack upon the merits of any conviction or determination which has become final. 3. The district court may deny the petition or, in its discretion, issue a written Order to the Department Service Oklahoma to decrease the period of cancellation or denial to any period or issue a written Order to vacate the Department's Service Oklahoma's action taken pursuant to this section, in its entirety. The content of the Order shall not grant or purport to grant any driving privileges to the person; however, such Order may direct the Department of Public Safety Service Oklahoma to do so if the person is otherwise eligible therefor. The petitioner is responsible for his or her own attorney fees. However, if the petitioner is granted relief for error, then the party that committed the error may be ordered to pay attorney fees and costs. Unless all persons or agencies the court had reason to believe may have had relevant information related to the court record and departmental action have been given notice of the petition, attorney fees and costs shall not be awarded against any party. In no event shall the Department of Public Safety Service Oklahoma be liable for attorney fees and costs for suspending, revoking, canceling or denying a driver license based upon reasonable reliance on a notice from a court requiring the revocation, suspension, cancellation or denial of the driver license according to law. |SECTION 71. AMENDATORY 47 O.S. 2021, Section 6-205.2, is amended to read as follows: Section 6-205.2 A. As used in this section, "conviction" means: 1. A nonvacated adjudication of guilt; 2. A determination that a person has violated or failed to comply with this section in any court or by the Department of Public Safety Service Oklahoma following an administrative determination; 3. A nonvacated forfeiture of bail or collateral deposited to secure a person's appearance in court; 4. A plea of guilty or nolo contendere accepted by the court; 5. The payment of any fine or court costs; or 6. A violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. B. The Department of Public Safety Service Oklahoma shall disqualify any person from operating a Class A, B or C commercial motor vehicle for a period of not less than one (1) year upon receiving a record of conviction of any of the following disqualifying offenses, when the conviction has become final: 1. Driving, operating or being in actual physical control of a Class A, B or C commercial motor vehicle while having a blood or breath alcohol concentration, as defined in Section 756 of this title, or as defined by the state in which the arrest occurred, of four-hundredths (0.04) or more; 2. Refusing to submit to a test for determination of alcohol concentration, as required by Section 751 of this title, or as required by the state in which the arrest occurred, while operating a Class A, B or C commercial motor vehicle, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 3. Driving or being in actual physical control of a Class A, B or C commercial motor vehicle while under the influence of alcohol or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle. Provided, the Department Service Oklahoma shall not additionally disqualify, pursuant to this subsection, if the person's driving privilege has been disqualified in this state because of a test result or test refusal pursuant to paragraph 1 or 2 of this subsection as a result of the same violation arising from the same incident; 4. Knowingly leaving the scene of a collision which occurs while operating a Class A, B or C commercial motor vehicle, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 5. Any felony during the commission of which a Class A, B or C commercial motor vehicle is used, except a felony involving the manufacture, distribution or dispensation of a controlled dangerous substance, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 6. Operating a commercial motor vehicle while the commercial driving privilege is revoked, suspended, canceled, denied, or disqualified; 7. Manslaughter homicide, or negligent homicide occurring as a direct result of negligent operation of a commercial motor vehicle, or, if the person is the holder of a commercial driver license, committing the offense while operating any vehicle; 8. Fraud related to examination for or issuance of a commercial learner permit or a Class A, B or C driver license; or 9. Failure to submit to skills or knowledge reexamination, or both, for the purpose of issuance of a commercial learner permit or a Class A, B or C driver license within thirty (30) days of receipt of notification from the Department. C. The Department of Public Safety Service Oklahoma shall disqualify any person from operating a Class A, B or C commercial motor vehicle for a period of not less than three (3) years upon receiving a record of conviction of any of the disqualifying offenses described in subsection B of this section, committed in connection with the operation of a motor vehicle which is required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F, when the conviction has become final. D. The Department of Public Safety Service Oklahoma shall disqualify any person from operating a Class A, B or C commercial motor vehicle for life upon receiving a record of conviction in any court of any of the disqualifying offenses described in subsection B of this section after a former conviction of any of the following disqualifying offenses, when the second conviction has become final. The Department of Public Safety Service Oklahoma may promulgate rules establishing conditions under which a disqualification for life pursuant to the provisions of this subsection may be reduced to a period of not less than ten (10) years provided a previous lifetime disqualification has not been reduced. E. The Department of Public Safety Service Oklahoma shall disqualify any person from operating a Class A, B or C commercial motor vehicle for life upon receiving a record of conviction for any felony related to the manufacture, distribution or dispensation of a controlled dangerous substance in the commission of which a Class A, B or C commercial motor vehicle is used, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle, when the conviction has become final. F. The Department of Public Safety Service Oklahoma shall disqualify any person from operating a Class A, B or C commercial motor vehicle for sixty (60) days upon receiving a record of a second conviction of the person for a serious traffic offense arising out of separate transactions or occurrences within a three- year period, when the convictions have become final. The Department of Public Safety Service Oklahoma shall disqualify any person from operating a Class A, B or C commercial motor vehicle for one hundred twenty (120) days upon receiving a record of a third conviction of a person for a serious traffic offense arising out of separate transactions or occurrences within a three-year period, when the convictions have become final; provided, the one-hundred-twenty-day period shall run in addition to and shall not run concurrently with any other period disqualification imposed pursuant to this subsection. As used in this subsection, "serious traffic offense" shall mean any of the following offenses committed while operating a commercial motor vehicle: 1. Speeding fifteen (15) miles per hour or more over the limit; 2. Reckless driving; 3. Any traffic offense committed that results in or in conjunction with a motor vehicle collision resulting in a fatality; 4. Erratic or unsafe lane changes; 5. Following too closely; 6. Failure to obtain a commercial driver license; 7. Failure to have in possession of the person a commercial driver license; 8. Failure to have: a. the proper class of commercial driver license for the class of vehicle being operated, b. the proper endorsement or endorsements for the type of vehicle being operated, including but not limited to, passengers or type of cargo being transported, or c. both proper class and proper endorsement, as provided in subparagraphs a and b of this paragraph; 9. Operating a commercial motor vehicle while using a cellular telephone or electronic communication device to write, send or read a text-based communication; or 10. Operating a commercial motor vehicle while using a hand- held mobile telephone. For the purposes of paragraphs 9 and 10 of this subsection, operating a commercial motor vehicle and using an electronic communication device or a hand-held mobile telephone is permissible by the operator when necessary to communicate with law enforcement officials or other emergency services. Further, for the purposes of paragraphs 9 and 10 of this subsection, "operate" means operating on a street or highway, including while temporarily stationary because of traffic, a traffic control device or other momentary delays. Operating does not include when the driver of a commercial motor vehicle has moved the vehicle to the side of or off a street or highway and has halted in a location where the vehicle can safely remain stationary. G. Upon the receipt of a person's record of conviction of violating a lawful out-of-service order, when the conviction becomes final the Department Service Oklahoma shall disqualify the driving privilege of the person as follows: 1. For a first conviction for violating an out-of-service order: a. except as provided in subparagraph b of this paragraph, the period of disqualification shall be for one-hundred eighty (180) days, or b. while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 P. app. 180-1813, or while operating a motor vehicle designed for transport of sixteen (16) or more passengers, including the driver, the period of disqualification shall be for one (1) year; 2. For a second conviction within ten (10) years for violating an out-of-service order: a. except as provided in subparagraph b of this paragraph, the period of disqualification shall be for two (2) years, or b. while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 P. app. 180-1813, or while operating a motor vehicle designed for transport of sixteen (16) or more passengers, including the driver, the period of disqualification shall be for three (3) years; and 3. For a third or subsequent conviction within ten (10) years for violating an out-of-service order, the period of disqualification shall be for three (3) years. H. Upon determination by the Department Service Oklahoma that fraudulent information was used to apply for or obtain a Class A, B or C driver license, the Department Service Oklahoma shall disqualify the driving privilege of the applicant or licensee for a period of sixty (60) days. I. Any person who drives a Class A, B or C commercial motor vehicle on any public roads, streets, highways, turnpikes or any other public place of this state at a time when the person has been disqualified or when the privilege to do so is canceled, denied, suspended or revoked shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. Each act of driving as prohibited shall constitute a separate offense. J. Upon the receipt of the record of a conviction of a person of a railroad highway grade crossing offense in a commercial motor vehicle, pursuant to Sections 11-701 or 11-702 of this title or Section 11-1115 of this title, or upon receipt of an equivalent conviction from any state, when the conviction becomes final, the Department Service Oklahoma shall disqualify the driving privileges of the person convicted as follows: 1. The first conviction shall result in disqualification for sixty (60) days; 2. The second conviction within three (3) years shall result in disqualification for one hundred twenty (120) days; and 3. The third or subsequent conviction within three (3) years shall result in disqualification for one (1) year. K. The Department Service Oklahoma , upon receipt of a written notice of immediate disqualification issued by the Federal Motor Carrier Safety Administration under 49 CFR 383.52, shall immediately disqualify the person's commercial driving privilege for the period of time specified on the written notice. L. The periods of disqualification as defined by this section shall not be modified. A person may not be granted driving privileges to operate a Class A, B or C commercial vehicle until the disqualification is reinstated. M. When any record of conviction, as specified in this section, is received by the Department and pertains to a nonresident operator of a Class A, B or C commercial motor vehicle, or if the nonresident operator is the holder of a commercial driver license, a record of the conviction pertaining to the nonresident operator of any vehicle, the Department Service Oklahoma shall not disqualify the person and shall report the conviction to the licensing jurisdiction in which the license of the nonresident to operate the commercial vehicle was issued. N. Any person who is disqualified from driving under the provisions of this section shall have the right of appeal, as provided in Section 6-211 of this title. |SECTION 72. AMENDATORY 47 O.S. 2021, Section 6-206, is amended to read as follows: Section 6-206. A. Whenever any person is convicted or pleads guilty in any court having jurisdiction over offenses committed under Section 1-101 et seq. of this title, or any other act or municipal ordinance or act or ordinance of another state regulating the operation of motor vehicles on highways, such court shall make immediate report to the Department of Public Safety Service Oklahoma setting forth the name of the offender, the number of the driver license and the penalty imposed. Said report shall be submitted by the judge or the clerk of the court upon forms furnished or approved by the Department Service Oklahoma . B. The Department Service Oklahoma , upon receipt of said report or upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person for such period of time as in its judgment is justified, subject to the limitations provided in this title or any other act or municipal ordinance regulating the operation of motor vehicles on highways. Any action taken by the Department Service Oklahoma shall be in addition to the penalty imposed by the court subject to the limitations outlined by statute. C. The Department Service Oklahoma , upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person. Any action taken by the Department Service Oklahoma shall not exceed the penalty imposed by a court or the Department Service Oklahoma in the State of Oklahoma for a violation substantially similar to the conviction in the other jurisdiction which did not result in a revocation of Oklahoma driving privileges. D. Following receipt of a notice of any nonpayment of fine and costs for a moving traffic violation with a recommendation of suspension of driving privileges of a defendant from any court within this state, as provided for in Section 983 of Title 22 of the Oklahoma Statutes, the Department Service Oklahoma shall suspend the driving privilege of the named person no earlier than one hundred eighty (180) days after giving notice as provided in Section 2-116 of this title. A person whose license is subject to suspension pursuant to this section may avoid the effective date of the suspension or, if suspended, shall be eligible for reinstatement, if otherwise eligible, upon: 1. Making application to the Department of Public Safety Service Oklahoma ; 2. Showing proof of payment of the total amount of the fine and cost or a release from the court or court clerk; and 3. Submitting the processing and reinstatement fees, as provided for in Section 6-212 of this title. Provided, however, in cases of hardship, as determined by the court, or proof of enrollment in a federal or state government assistance program, including, but not limited to, Social Security or the Supplemental Nutrition Assistance Program, the person shall be placed on a payment plan by the court, and the court shall send a release to the Department Service Oklahoma for reinstatement purposes. The court may submit another suspension request pursuant to this section if the person fails to honor the payment plan and it is found that the person is financially able but willfully refuses or neglects to honor the payment plan. In such case, the Department Service Oklahoma shall again suspend the person's driving privilege for nonpayment of fine and costs for the same moving traffic violation. Upon reinstatement after suspension for nonpayment of fine and costs for a moving traffic violation the Department Service Oklahoma may remove such record of suspension from the person's driving record and retain an internal record for audit purposes. A court within this state may order the Department Service Oklahoma to waive any requirement that fines and costs be satisfied by a person prior to that person being eligible for a provisional license provided under Section 6-212 of this title. E. Upon the receipt of a record of conviction for eluding or attempting to elude a peace officer, the Department of Public Safety Service Oklahoma shall suspend the driving privilege of the person: 1. For the first conviction as indicated on the driving record of the person, for a period of six (6) months; 2. For the second conviction as indicated on the driving record of the person, for a period of one (1) year. Such period shall not be modified; and 3. For the third or subsequent conviction as indicated on the driving record of the person, for a period of three (3) years. Such period shall not be modified. F. Any person whose driving privilege is so suspended under the provisions of this section shall have the right of appeal, as provided in Section 6-211 of this title. |SECTION 73. AMENDATORY 47 O.S. 2021, Section 6-207, is amended to read as follows: Section 6-207. Whenever the Department of Public Safety Service Oklahoma is furnished with information or, from the records on file in the Department Service Oklahoma , it is established that the holder of a driver's driver license is afflicted with a physical disease with a history of seizures, or mental disease, or momentary lapses of consciousness or any other ailment which may result in temporary loss of control or partial control of a motor vehicle, the Department Service Oklahoma may, in its discretion, execute an order of cancellation of any driver's driver license issued to such individual, or, should such information be available at the time of application for a driver's driver license, the Department Service Oklahoma may execute an order denying the issuance of said license to any such individual and shall cause any such license that may have been issued to be picked up or to be delivered to the Department of Public Safety Service Oklahoma as specified for other such orders. Every physician or surgeon, including doctors of medicine and osteopathy, examining, attending or treating an individual for any illness or injury that would impair the ability of the individual in any manner as to affect the performance of the person to operate a motor vehicle, may make a written report of the diagnosis to the State Department of Public Safety Service Oklahoma . The Department Service Oklahoma may, in its discretion, suspend or cancel the license of such person for such period of time as in its judgment is justified. In addition thereto, any person or physician or any medical personnel participating in good faith and without negligence or malicious intent in making of a report pursuant to this act shall have the immunity from civil liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report. Provided further that, in any proceeding resulting from a report made pursuant to this act or in any proceeding where such a report or any contents thereof are sought to be introduced in evidence, such report or contents or any other fact or facts related thereto, or the condition of the individual who is the subject of the report shall only be admitted in evidence in actions regarding the revocation, suspension, cancellation or denial of the subject's driver's driver license and shall not be considered to be a public record provided that the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure. Any person whose license has been canceled or denied under the provisions of this section shall have the right of appeal from said order, as provided under Section 6-211 of this title. |SECTION 74. AMENDATORY 47 O.S. 2021, Section 6-208, is amended to read as follows: Section 6-208. The Department of Public Safety Service Oklahoma shall not suspend a driver's driver license or privilege to drive a motor vehicle on the public roads, streets, highways, turnpikes or other public place for a period of more than one (1) year, except as otherwise provided by law. |SECTION 75. AMENDATORY 47 O.S. 2021, Section 6-211, is amended to read as follows: Section 6-211. A. Any person denied driving privileges, or whose driving privilege has been canceled, denied, suspended or revoked by the Department Service Oklahoma , except where such cancellation, denial, suspension or revocation is mandatory, under the provisions of Section 6-205 of this title, or disqualified by the Department Service Oklahoma , under the provisions of Section 6- 205.2 or 761 of this title, shall have the right of appeal to the district court as hereinafter provided. Proceedings before the district court shall be exempt from the provisions of the Oklahoma Pleading and Discovery codes, except that the appeal shall be by petition, without responsive pleadings. The district court is hereby vested with original jurisdiction to hear the petition. B. A person whose driving privilege is denied, canceled, revoked or suspended due to inability to meet standards prescribed by law, or due to an out-of-state conviction or violation, or due to an excessive point accumulation on the traffic record, or for an unlawful license issued, may appeal in the county in which the person resides. C. Any person whose driving privilege is canceled, denied, suspended or revoked may appeal to the district court in the county in which the offense was committed upon which the Department Service Oklahoma based its order. D. A person whose driving privilege is subject to revocation pursuant to Section 753 or 754 of this title may appeal to the district court in the county in which the arrest occurred relating to the test refusal or test result, as shown by the records of the Department. E. The petition shall be filed within thirty (30) days after the notice of revocation, pursuant to Section 753 or 754 of this title, has been served upon the person. It shall be the duty of the district court to enter an order setting the matter for hearing not less than fifteen (15) days and not more than thirty (30) days from the date the petition is filed. A certified copy of petition and order for hearing shall be served forthwith by the clerk of the court upon the Commissioner of Public Safety Service Oklahoma by certified mail at the Department of Public Safety Service Oklahoma , Oklahoma City, Oklahoma. F. Upon a hearing relating to a revocation or disqualification pursuant to a conviction for an offense enumerated in Section 6-205, 6-205.2 or 761 of this title, the court shall not consider the propriety or merits of the revocation or disqualification action, except to correct the identity of the person convicted as shown by records of the Department Service Oklahoma . G. A petition for modification may be included with the appeal or separately filed at any time, and the district court may, in its discretion, modify the revocation as provided for in Section 755 of this title; provided, any modification under this subsection shall apply to Class D driver licenses only. H. The court shall take testimony and examine the facts and circumstances, including all of the records on file in the office of the Department of Public Safety Service Oklahoma relative to the offense committed and the driving record of the person, and determine from the facts, circumstances, and records whether or not the petitioner is entitled to driving privileges or shall be subject to the order of denial, cancellation, suspension or revocation issued by the Department Service Oklahoma . In case the court finds that the order was not justified, the court may sustain the appeal, vacate the order of the Department Service Oklahoma and direct that driving privileges be restored to the petitioner, if otherwise eligible. I. The testimony of any hearing pursuant to this section shall be taken by the court stenographer and preserved for the purpose of appeal and, in case the Department Service Oklahoma files notice of appeal from the order of the court as provided herein, the court shall order and direct the court clerk to prepare and furnish a complete transcript of all pleadings and proceedings, together with a complete transcript taken at the hearing at no cost to the Department Service Oklahoma , except the cost of transcribing. J. An appeal may be taken by the person or by the Department Service Oklahoma from the order or judgment of the district court to the Supreme Court of the State of Oklahoma as otherwise provided by law. |SECTION 76. AMENDATORY 47 O.S. 2021, Section 6-212, is amended to read as follows: Section 6-212. A. The Department of Public Safety Service Oklahoma shall not assess and collect multiple reinstatement fees when reinstating the driving privilege of any person having more than one suspension or revocation affecting the person's driving privilege at the time of reinstatement. B. The Department Service Oklahoma shall: 1. Suspend or revoke a person's driving privilege as delineated within the Oklahoma Statutes; and 2. Require any person having more than one suspension or revocation affecting the person's driving privilege to meet the statutory requirements for each action as a condition precedent to the reinstatement of any driving privilege. Provided, however, reinstatement fees shall not be cumulative, and a single reinstatement fee, as provided for in subsection C of this section, shall be paid for all suspensions or revocations as shown by the Department's Service Oklahoma's records at the time of reinstatement. C. Whenever a person's privilege to operate a motor vehicle is suspended or revoked pursuant to any provision as authorized by the Oklahoma Statutes, the license or privilege to operate a motor vehicle shall remain under suspension or revocation and shall not be reinstated until: 1. The expiration of each such revocation or suspension order; 2. The person has paid to the Department Service Oklahoma : a. if such privilege is suspended or revoked pursuant to Section 1115.5 of Title 22 of the Oklahoma Statutes or pursuant to any provisions of this title, except as provided in subparagraph b of this paragraph, a processing fee of Twenty-five Dollars ($25.00) for each such suspension or revocation as shown by the Department's Service Oklahoma records, or b. (1) if such privilege is suspended or revoked pursuant to the provisions of Section 6-205, 6- 205.1, 7-612, 753, 754 or 761 of this title or pursuant to subsection A of Section 7-605 of this title for a conviction for failure to maintain the mandatory motor vehicle insurance required by law or pursuant to subsection B of Section 6-206 of this title for a suspension other than for points accumulation, a processing fee of Seventy- five Dollars ($75.00) for each such suspension or revocation as shown by the Department's Service Oklahoma records, and a special assessment trauma-care fee of Two Hundred Dollars ($200.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes, for each suspension or revocation as shown by the records of the Department Service Oklahoma , and (2) in addition to any other fees required by this section, if such privilege is suspended or revoked pursuant to an arrest on or after November 1, 2008, under the provisions of paragraph 2 or 6 of subsection A of Section 6-205 of this title or of Section 753, 754 or 761 of this title, a fee of Fifteen Dollars ($15.00), which shall be apportioned pursuant to the provisions of Section 3-460 of Title 43A of the Oklahoma Statutes; and 3. The person has paid to the Department Service Oklahoma a single reinstatement fee of, beginning on July 1, 2013, and any year thereafter, Twenty-five Dollars ($25.00). D. The Department of Public Safety Service Oklahoma is hereby authorized to enter into agreements with persons whose license to operate a motor vehicle or commercial motor vehicle has been suspended or revoked, for issuance of a provisional license subject to any restrictions imposed by law or a court order. The provisional license would allow such persons to drive from 6:00 a.m. to 11:59 p.m. Driving privileges for a provisional license are limited from 12:00 a.m. to 5:59 a.m. to driving: 1. Between their place of residence and their place of employment or potential employment; 2. During the scope and course of their employment; 3. Between their place of residence and a college, university or technology center; 4. Between their place of residence and their child's school or day care provider; 5. Between their place of residence and a place of worship; or 6. Between their place of residence and any court-ordered treatment program, with the condition that such persons pay a minimum total of Five Dollars ($5.00) per month toward the satisfaction of outstanding fees, including, but not limited to, provisional license fees, warrant fees, court costs or fees, driver license or commercial driver license reinstatement fees. The Department Service Oklahoma may suspend or revoke a provisional license pursuant to this section if the person fails to honor the payment plan. The person may re- enroll in the provisional driver license program. E. Any violation of law by the person holding the provisional license that would result in the suspension or revocation of a driver license, except for the failure to pay fines, fees or other financial obligations if the person is participating in a payment plan, shall result in the revocation of the provisional license. F. Eligibility for a provisional license shall not take into consideration any outstanding fines and fees owed, including, but not limited to, warrant fees, court costs or fees, driver license or commercial driver license reinstatement fees. G. A person with a suspended driver license shall not have to take a driver license test to be eligible for a provisional license; provided, the suspended license has not expired. H. The Department Service Oklahoma shall develop rules and procedures necessary to implement the provisions of this section except as otherwise provided by this title. I. Effective July 1, 2002, and for each fiscal year thereafter: 1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all monies collected each month pursuant to this section shall be apportioned as provided in Section 1104 of this title, except as otherwise provided in this section; and 2. Except as otherwise provided in this section, all other monies collected in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) each month shall be deposited in the General Revenue Fund. |SECTION 77. AMENDATORY 47 O.S. 2021, Section 6-212.2, is amended to read as follows: Section 6-212.2 A. Whenever the records of the Department of Public Safety Service Oklahoma reflect a conviction of a person pursuant to Section 11-902 of this title or an alcohol- or drug- related revocation or suspension of the driving privileges of that person pursuant to the provisions of paragraph 2 or 6 of subsection A of Section 6-205 or to Section 6-205.1, 6-206, 753, 754 or 761 of this title, the person shall participate in an alcohol and drug assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services for the purpose of evaluating the person's receptivity to treatment and prognosis. As determined by the assessment, the person shall enroll in, attend and successfully complete the appropriate alcohol and drug substance abuse course certified by the Department of Mental Health and Substance Abuse Services or an alcohol or other drug treatment program or both. The alcohol and drug substance abuse course shall consist of either ten (10) hours or twenty-four (24) hours of instruction and shall conform with the provisions of Section 3-453 of Title 43A of the Oklahoma Statutes. No citizen shall be compelled to travel more than seventy (70) miles from the citizen's place of residence to attend a course or evaluation program required herein. For purposes of this subsection, the requirement for alcohol and drug substance abuse evaluation shall be considered satisfied if the person is evaluated by an assessment agency or assessment personnel certified for that purpose, all recommendations identified by the evaluation are satisfied by the person, and a report of such evaluation and completion is presented to the court prior to sentencing and to the Department Service Oklahoma . B. If the assessment agency or assessment personnel in subsection A of this section determine that the person would likely benefit from a United-States-Food-and-Drug-Administration-approved medication-assisted treatment that is indicated for alcohol dependence or opioid dependence, the assessment agency or assessment personnel shall refer the defendant to a licensed physician for further evaluation. Only a licensed physician may recommend that a defendant take medication-assisted treatment, and the defendant shall maintain the right to refuse the medication. C. The requirements of subsection A of this section shall be a condition for reinstatement of driving privileges, in addition to other conditions for driving privilege reinstatement provided by law. |SECTION 78. AMENDATORY 47 O.S. 2021, Section 6-212.4, is amended to read as follows: Section 6-212.4 All revocation, suspension, cancellation and/or denial periods of time of driving privileges as provided in this chapter shall be considered served upon successful graduation from an Oklahoma Drug Court Program created and administered pursuant to the Oklahoma Drug Court Act and the Oklahoma Department of Mental Health and Substance Abuse Services, unless evidence of drug and/or alcohol use occurring post-graduation is acquired by the Department of Public Safety Service Oklahoma . This waiver of time applies only to Class D driving privileges. Notwithstanding the foregoing, this section does not require the Department of Public Safety Service Oklahoma to grant driving privileges to an individual not otherwise eligible. Electronic notification of graduation from an Oklahoma Drug Court Program shall be provided to the Department of Public Safety Service Oklahoma by the court clerk in the county where said program is situated. Such electronic notification shall be consistent with the provisions of Section 18-101 of Title 47 of the Oklahoma Statutes or by any other method approved by the Department of Public Safety Service Oklahoma . |SECTION 79. AMENDATORY 47 O.S. 2021, Section 6-301, is amended to read as follows: Section 6-301. It shall be unlawful for any person to commit any of the acts specified in paragraph 1 or 2 of this section in relation to an Oklahoma driver license or identification card authorized to be issued by the Department of Public Safety Service Oklahoma pursuant to the provisions of Sections 6-101 through 6-309 of this title or any driver license or other evidence of driving privilege or identification card authorized to be issued by the state of origin. 1. It is a misdemeanor for any licensee: a. to display or cause or permit to be displayed one's own license after such license has been suspended, revoked or canceled or to possess one's own license after having received notice of its suspension, revocation, or cancellation, b. to lend one's own license or identification card to any other person or knowingly permit the use thereof by another, c. to display or cause or permit to be displayed or to possess a license or identification card issued to oneself which bears altered information concerning the date of birth, expiration date, sex, height, eye color, weight or license or card number, d. to fail or refuse to surrender to the Department Service Oklahoma upon its lawful demand any license or identification card which has been suspended, revoked or canceled, e. to permit any unlawful use of a license or identification card issued to oneself, f. to do any act forbidden or fail to perform any act required by this chapter, excepting those acts as provided in paragraph 2 of this section, g. to display or represent as one's own, any license or identification card not issued to such person, unless under conditions provided in subparagraph e of paragraph 2 of this section, or h. to add to, delete from, alter, or deface the required information on a driver license or identification card. 2. It is a felony for any person: a. to create, publish or otherwise manufacture an Oklahoma or other state license or identification card or facsimile thereof, or to create, manufacture or possess an engraved plate or other such device, card, laminate, digital image or file, or software for the printing of an Oklahoma or other state license or identification card or facsimile thereof, except as authorized pursuant to this title, b. to display or cause or permit to be displayed or to knowingly possess any state counterfeit or fictitious license or identification card, c. to display or cause to be displayed or to knowingly possess any state license or identification card bearing a fictitious or forged name or signature, d. to display or cause to be displayed or to knowingly possess any state license or identification card bearing the photograph of any person, other than the person named thereon as licensee, e. to display or represent as one's own, any license or identification card not issued to him, for the purpose of committing a fraud in any commercial transaction or to mislead a peace officer in the performance of his duties, or f. to use a false or fictitious name in any application for a license or identification card or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application. 3. It is a felony for any employee or person authorized to issue or approve the issuance of licenses or identification cards under this title to knowingly issue or attempt to issue a license or identification card or to knowingly give approval for, cause, or attempt to cause a license or identification card to be issued: a. to a person not entitled thereto, b. bearing erroneous information thereon, or c. bearing the photograph of a person other than the person named thereon. Such conduct shall be grounds for termination of employment of the employee. 4. The violation of any of the provisions of paragraph 1 of this section shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twenty- five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00); the violation of any of the provisions of paragraph 2 or 3 of this section shall constitute a felony and shall, upon conviction thereof, be punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or a term of imprisonment in the State Penitentiary not to exceed seven (7) years, or by both such fine and imprisonment. 5. Notwithstanding any provision of this section, the Commissioner of the Department of Public Safety Service Oklahoma may, upon the request of the chief administrator of a law enforcement, military, or intelligence agency, authorize the issuance to and display, and possession by a person of a license which would otherwise be a violation of this section, for the sole purpose of aiding in a criminal investigation or a military or intelligence operation. While acting pursuant to such authorization by the Commissioner Service Oklahoma , such person shall not be prosecuted for a violation under this section. Upon termination of such investigation or operation or upon request of the Commissioner, the chief administrator shall forthwith cause such license to be returned to the Commissioner Service Oklahoma . |SECTION 80. AMENDATORY 47 O.S. 2021, Section 6-303, is amended to read as follows: Section 6-303. A. No person shall operate a motor vehicle upon the public roads, streets, highways, turnpikes or other public place of this state without having a valid driver license for the class of vehicle being operated from the Department of Public Safety Service Oklahoma , except as herein specifically exempted. Any violation of the provisions of this subsection shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) plus costs or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Any person charged with violating this section who produces in court, on or before the court date, a renewal or replacement driver license issued to him or her shall be entitled to dismissal of such charge without payment of court costs and fine. B. Any person who drives a motor vehicle on any public roads, streets, highways, turnpikes or other public place of this state at a time when the person's privilege to do so is canceled, denied, suspended or revoked or at a time when the person is disqualified from so doing shall be guilty of a misdemeanor and upon conviction shall be punished by a fine: 1. For a first conviction, of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00); 2. For a second conviction, of not less than Two Hundred Dollars ($200.00) and not more than Seven Hundred Fifty Dollars ($750.00); 3. For a third and subsequent conviction, of not less than Three Hundred Dollars ($300.00) and not more than One Thousand Dollars ($1,000.00) ; , or by imprisonment for not more than one (1) year or by both such fine and imprisonment. Each act of driving on the highways as prohibited shall constitute a separate offense. C. Any person who drives a motor vehicle on any public roads, streets, highways, turnpikes or other public roads of this state at a time when the driving privilege of that person is canceled, denied, suspended or revoked, pursuant to paragraph 1 of subsection A of Section 6-205.1 of this title, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine: 1. For a first conviction, of not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00); 2. For a second conviction, of not less than One Thousand Dollars ($1,000.00) and not more than Two Thousand Dollars ($2,000.00); 3. For a third and subsequent conviction, of not less than Two Thousand Dollars ($2,000.00) and not more than Five Thousand Dollars ($5,000.00) ; , or by imprisonment for not more than one (1) year or by both such fine and imprisonment. Each act of driving on the highways as prohibited shall constitute a separate offense. D. The Department Service Oklahoma , upon receiving a record of conviction of an offense committed by any person whose license or privilege to operate motor vehicles is under suspension or revocation, shall extend the period of such suspension or revocation for an additional three-month period of time. The additional orders of suspension or revocation shall be dated and become effective the day following the date terminating the prior order of suspension or revocation. E. The Department Service Oklahoma , upon receiving a record of conviction of an offense committed by any person whose license or privilege to operate motor vehicles is under revocation, pursuant to paragraph 1, 2, or 3 of subsection A of Section 6-205.1 of this title, shall extend the period of such revocation for an additional four-month period of time. The additional orders of revocation shall be dated and become effective the day following the date terminating the prior order of revocation. F. The Department Service Oklahoma , upon receiving a record of conviction for a person convicted of an offense specified in Section 11-905 of this title, shall extend the period of such suspension, revocation or denial of driving privilege for an additional twelve- month period of time. The additional orders of suspension, revocation or denial of driving privilege shall be dated and become effective the day following the date terminating the prior order of suspension, revocation or denial of driving privilege. G. It shall be a misdemeanor punishable by imprisonment for not less than seven (7) days nor more than six (6) months, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment, for any person to apply for a renewal or a replacement license to operate a motor vehicle while the person's license, permit or other evidence of driving privilege is in the custody of a law enforcement officer or the Department Service Oklahoma . A notice regarding this offense and the penalty therefor shall be included on the same form containing the notice of revocation issued by the officer. H. Any fine collected pursuant to a second or subsequent conviction, as provided in subsections B and C of this section, shall be deposited to the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes. I. Any person who drives a motorcycle or motor-driven cycle, as defined in this title, on public roads, streets, highways, turnpikes or other public place of this state without the proper endorsement on a current state-issued license shall be guilty of a misdemeanor. Any person charged with violating this section may request a six- month deferral for the purpose of obtaining the following: 1. Proof of successful completion of a Motorcycle Safety Foundation rider course approved by the Department in conjunction with Service Oklahoma ; and 2. Proper motorcycle endorsement on the person's valid driver license. Upon presenting the court with proof of satisfaction of both requirements within the deferral period, the offender shall be entitled to dismissal of the charge, and may be subject to a reduced payment of court costs and fine. J. Any person who operates a motor vehicle requiring an endorsement or endorsements, as provided by Section 6-110.1 of this title, on public roads, streets, highways, turnpikes or other public places of this state without the proper endorsement on a current state-issued license shall be guilty of a misdemeanor. |SECTION 81. AMENDATORY 47 O.S. 2021, Section 6-308, is amended to read as follows: Section 6-308. A. It is a misdemeanor for any person to violate any of the provisions of Section 6-101 et seq. of this title unless such violation is by Section 6-101 et seq. of this title or other law of this state declared to be a felony. B. Unless another penalty is in Section 6-101 et seq. of this title or by laws of this state provided, every person convicted of a misdemeanor for the violation of any provision of Section 6-101 et seq. of this title shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. C. The Department of Public Safety Service Oklahoma may, in addition to the penalty above in subsection B of this section , suspend for a period not exceeding thirty (30) days the registration certificate of a motor vehicle owned by any person who permits said vehicle to be used in violation of Section 6-304, 6-305 or 6-306 of this title. The Department Service Oklahoma may suspend, for a period of not to exceed six (6) months, the registration certificate of any motor vehicle, when the owner permits said vehicle to be operated by an individual whose driving privilege is under denial, cancellation, suspension or revocation. |SECTION 82. AMENDATORY 47 O.S. 2021, Section 7-101, is amended to read as follows: Section 7-101. (a) A. The Commissioner of Public Safety shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration. (b) B. The Commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the Commissioner under the provisions of this act. (c) C. The Commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter. D. The Commissioner shall provide notice of any suspension of driving privileges and any termination of a prior order of suspension of driving privileges, pursuant to this chapter, to Service Oklahoma. |SECTION 83. AMENDATORY 47 O.S. 2021, Section 7-213, is amended to read as follows: Section 7-213. A. In case the driver or the owner of a vehicle subject to registration under the laws of this state involved in an accident within this state has no driver license in this state, then the driver shall be denied a driver license until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a driver license in this state. B. When a nonresident's driving privilege is suspended pursuant to Section 7-206 of this title, the Department of Public Safety , in conjunction with Service Oklahoma, shall transmit a copy of the record of the action to the official in charge of the issuance of driver licenses in the state in which the nonresident resides. C. Upon receipt of a copy of a record from another state that the driving privilege of a resident of this state has been suspended or revoked in the other state for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, or for failure to give and maintain proof of financial responsibility, under circumstances which would require the Department Service Oklahoma to suspend the driving privilege of the person had the accident occurred in this state, the Department Service Oklahoma shall suspend the driving privilege of the resident if he or she was the driver determined to be at fault in the accident. The suspension shall continue until the resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of such security or files proof of financial responsibility. |SECTION 84. AMENDATORY 47 O.S. 2021, Section 7-308, is amended to read as follows: Section 7-308. Whenever any person fails within thirty (30) days to satisfy any judgment, then upon the written request of the judgment creditor or his or her attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state to forward to the Department Service Oklahoma immediately upon such request a certified copy of such judgment. |SECTION 85. AMENDATORY 47 O.S. 2021, Section 7-309, is amended to read as follows: Section 7-309. If the defendant named in any certified copy of a judgment reported to the Department of Public Safety Service Oklahoma , as prescribed in Section 7-308 of this title, is a nonresident, then the Department Service Oklahoma shall transmit a certified copy of the judgment to the official in charge of the issuance of driver licenses of the state of which the defendant is a resident. |SECTION 86. AMENDATORY 47 O.S. 2021, Section 7-310, is amended to read as follows: Section 7-310. The Department of Public Safety Service Oklahoma , upon receipt of a certified copy of a judgment as prescribed in Section 7-308 of this title and a certificate of facts relative to such judgment, on a form provided by the Department Service Oklahoma , shall forthwith suspend the driving privilege of any person against whom the judgment was rendered, except as hereinafter otherwise provided in this chapter. |SECTION 87. AMENDATORY 47 O.S. 2021, Section 7-317, is amended to read as follows: Section 7-317. A. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments. B. The Department of Public Safety Service Oklahoma shall not suspend the driving privilege of any person and shall restore the driving privilege of any person, if otherwise eligible, which was suspended following nonpayment of a judgment when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installments is not in default. |SECTION 88. AMENDATORY 47 O.S. 2021, Section 7-318, is amended to read as follows: Section 7-318. In the event the judgment debtor fails to pay any installment as specified by an order described in Section 7-317 of this title, then, upon notice by the court of the default, the Department of Public Safety Service Oklahoma shall forthwith suspend the driving privilege of the person who is the judgment debtor until the judgment is satisfied, as provided in this article. |SECTION 89. AMENDATORY 47 O.S. 2021, Section 7-506, is amended to read as follows: Section 7-506. Whenever a person's driving privilege is suspended under this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of the driving privilege or the issuance of a driver license, no driving privilege shall be reinstated or a driver license issued unless the person, in addition to complying with the other provisions of this chapter, pays to the Department of Public Safety Service Oklahoma the fees provided for in Section 6-212 of this title. |SECTION 90. AMENDATORY 47 O.S. 2021, Section 7-600.2, is amended to read as follows: Section 7-600.2 A. The Department of Public Safety shall transfer to the Oklahoma Insurance Department by January 1, 2018, the online verification system for motor vehicle liability policies as required by the Compulsory Insurance Law, subject to the following: 1. The Oklahoma Tax Commission and , the Department of Public Safety , and Service Oklahoma shall cooperate with the Insurance Department in the ongoing improvement and maintenance of the verification system; 2. The verification system shall be accessible through the Internet, World Wide Web or a similar proprietary or common carrier electronic system by authorized personnel of the Department of Public Safety, the Tax Commission, Service Oklahoma, the district attorneys, the courts, law enforcement personnel, and any other entities authorized by the Insurance Department; 3. The verification system shall provide for direct inquiry and response between the Insurance Department and insurance carriers, or such other method of inquiry and response as agreed to by the Insurance Department and individual insurance carriers, and direct access to insurers' records by personnel authorized by the Insurance Department; 4. The verification system shall be available twenty-four (24) hours a day to verify the insurance status of any vehicle registered in this state through the vehicle's identification number, policy number, registered owner's name or other identifying characteristic or marker as prescribed by the Insurance Department in its rules; 5. The Insurance Department may contract with a private vendor to assist in establishing and maintaining the verification system; 6. The verification system shall include appropriate provisions, consistent with industry standards, to secure its data against unauthorized access and to maintain a record of all information requests; 7. Information contained in the verification system shall not be considered a public record; 8. Any law enforcement officer, to establish compliance with the Compulsory Insurance Law during a traffic stop or accident investigation, shall access information from the online verification system to verify the current validity of the policy described on a security verification form produced by the operator of each motor vehicle during the traffic stop or accident investigation. If compliance is not confirmed for the policy described on the security verification form produced by the operator and a subsequent investigation conducted by the officer verifies that the operator is not in compliance, the officer may issue a citation to the operator for failure to comply with the Compulsory Insurance Law; 9. If the operator fails to produce the security verification form during a traffic stop or accident investigation, the requesting law enforcement officer shall access information from the online verification system through the vehicle's identification number, registered owner's name, license plate number or other identifying characteristic or marker to verify valid and current security and establish compliance with the Compulsory Insurance Law and shall not issue a citation if valid and current security is established. If the operator fails to produce the security verification form and compliance is not confirmed through the online verification system, the officer may issue a citation to the operator for failure to comply with the Compulsory Insurance Law; 10. Establishing compliance with the Compulsory Insurance Law through the online verification system shall not be the primary cause for law enforcement to stop a motor vehicle; and 11. All information exchanged between the Insurance Department and insurance companies, any database created, and all reports, responses, or other information generated for the purposes of the verification system shall not be subject to the Oklahoma Open Records Act. B. This section shall not apply to a policy issued pursuant to paragraph 3 of subsection A of Section 7-601.1 of this title or paragraph 3 of subsection A of Section 7-602 of this title to insure a commercial motor vehicle or to insure any vehicle under a commercial policy that provides commercial auto coverage as defined in Section 7-600 of this title. C. As a condition for writing motor vehicle liability policies in this state, insurance carriers shall cooperate with the Insurance Department in establishing and maintaining the insurance verification system and shall provide access to motor vehicle insurance policy status information as provided in the rules of the Insurance Department. The Insurance Commissioner may, pursuant to Title 36 of the Oklahoma Statutes, initiate an administrative proceeding against any insurance company found by the Commissioner to not be in compliance with the provisions of this section or any rules promulgated pursuant to this section. |SECTION 91. AMENDATORY 47 O.S. 2021, Section 7-602, is amended to read as follows: Section 7-602. A. 1. The owner of a motor vehicle registered in this state shall carry in the vehicle at all times a current owner's security verification form listing the vehicle or an equivalent form which has been issued by the Department of Public Safety, and the operator of the vehicle shall produce the form upon request for inspection by any law enforcement officer or representative of the Department and, in case of an accident, the form shall be shown upon request to any person affected by the accident. 2. a. Every person registering a motor vehicle in this state, except a motor vehicle which is not being used upon the public highways or public streets, or a manufactured home while on a permanent foundation, at the time of registration of the vehicle, shall certify the existence of security with respect to the vehicle by providing to a motor license agent licensed operator or other registering agency necessary information from the current owner's security verification in a manner that allows verification of coverage through the online verification system. The information shall include the name or number issued by the National Association of Insurance Commissioners of the current insurance carrier authorized to do business in this state and the policy number applicable to the vehicle being registered. A motor license agent licensed operator or other registering agency shall require the submission of the form or other verifying information prior to processing an application for registration or renewal. b. Every motor license agent licensed operator or other registering agency shall use the online verification system to certify the existence of security with respect to the vehicle from an insurance carrier authorized to do business in this state unless the online verification system is not online or the required information is otherwise not available. In such a case, the license agent licensed operator or other registering agency may accept verification as provided in subparagraph a of this paragraph or from a licensed insurance producer or customer service representative to certify the existence of the required insurance prior to processing any application for motor vehicle registration. Every motor license agent licensed operator or other registering agent shall allow submission of proof from a licensed insurance producer or customer service representative pursuant to this subparagraph via electronic mail at no additional cost to the person registering the vehicle. 3. Fleet vehicles operating under the authority of the Corporation Commission, the Federal Highway Administration, or vehicles registered pursuant to the provisions of Section 1120 of this title, shall certify the existence of security with respect to each vehicle at the time of registration by submitting one of the following: a. a current owner's security verification form verifying the existence of security as required by the Compulsory Insurance Law, or b. a permit number verified by the Corporation Commission indicating the existence of a current liability insurance policy. Provided, in the event the Corporation Commission is unable to verify the existence of insurance as provided herein in a prompt and timely fashion, the Corporation Commission may accept a current single state registration form issued by the Corporation Commission or any other regulating entity with which the Corporation Commission has entered into a reciprocal compact or agreement regarding the regulation of motor vehicles engaged in interstate or foreign commerce upon and over the public highways. 4. The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the Department of Public Safety during operation of the vehicle and shall not be required to surrender a security verification form for vehicle registration purposes: a. any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof, b. any vehicle bearing the name, symbol, or logo of a business, corporation or utility on the exterior and which is in compliance with the provisions of the Compulsory Insurance Law according to records of the Corporation Commission which reflect a deposit or fleet policy, c. fleet vehicles maintaining current vehicle liability insurance as required by the Corporation Commission or any other regulating entity, d. any licensed taxicab, and e. any vehicle owned by a licensed used motor vehicle dealer. 5. Any person who knowingly issues or promulgates false or fraudulent information in connection with either an owner's or operator's security verification form or an equivalent form which has been issued by the Department of Public Safety shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for not more than six (6) months, or by both such fine and imprisonment. B. Each motor license agent licensed operator is authorized to charge a fee of One Dollar and fifty cents ($1.50) to each person to whom the agent licensed operator issues a certificate of registration and who is required to surrender proof of financial responsibility, or for whom the motor license agent licensed operator certifies the existence of financial responsibility through an authorized online certification system, pursuant to the provisions of the Compulsory Insurance Law. The fee may be retained by the agent licensed operator as compensation for services in processing the proof of financial responsibility and for processing the driver license information, insurance verification information, and other additional information furnished to the agent licensed operator pursuant to Section 1112 of this title, if such agent does not receive the maximum compensation as authorized by law. |SECTION 92. AMENDATORY 47 O.S. 2021, Section 8-101, is amended to read as follows: Section 8-101. (a) A. It shall be unlawful for the owner of any motor vehicle engaged in the business of renting motor vehicles without drivers to rent a motor vehicle without a driver otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless he or she has previously notified the Department of Public Safety of the intention to so rent such vehicle and has given proof of financial responsibility, and the Tax Commission Service Oklahoma shall not register any such vehicle unless and until the owner gives proof of financial responsibility either as provided in this section or, in the alternative, as provided in Section 8-102 of this title. The Department Service Oklahoma shall cancel the registration of any motor vehicle rented without a driver whenever the Department Service Oklahoma ascertains that the owner has failed or is unable to give and maintain such proof of financial responsibility. (b) B. Such owner shall submit to the Commissioner of Public Safety evidence that there has been issued to him or her by an insurance carrier authorized to do business in this state a public liability insurance policy or policies covering each such motor vehicle so rented in the amounts as hereinafter stated and insuring every person operating such vehicle under a rental agreement or operating the vehicle with the express or implied permission of the owner against loss from the liability imposed by law upon such person arising out of the operation of said vehicle in the amount of Twenty-five Thousand Dollars ($25,000.00) for bodily injury to or death of one person and, subject to said limit as respects bodily injury to or death of any one person, the amount of Fifty Thousand Dollars ($50,000.00) on account of bodily injury to or death of more than one person in any one accident and Twenty-five Thousand Dollars ($25,000.00) for damage to property of others in any one accident. Provided, that the Commissioner is authorized to accept, in lieu of such public liability insurance policy covering specific vehicles, proof by evidence satisfactory to the Commissioner of a valid and binding lease contract between the owner and a renter wherein it is agreed between such owner and the lessee-renter that such lessee- renter accepts responsibility for loss from any liability imposed by law upon any person arising out of the operation, either by express or implied permission of the lessee-renter, of any vehicle covered by such lease in amounts not less than the minimum amounts before set out in this subsection, together with satisfactory evidence of issuance to such lessee-renter, by an insurance carrier authorized to do business in this state, proper public liability insurance policies in amounts of not less than the minimum amounts before set out in this subsection or sufficient showing of financial responsibility of such lessee-renter as is required of owners by the provisions of Section 8-102 of this title. (c) C. The owner shall maintain such policy or policies in full force and effect during all times that he is engaged in the business of renting any motor vehicle without a driver unless said owner shall have given proof of financial responsibility as provided in Section 8-102 of this title. (d) D. Said policy or policies need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle. (e) E. When any suit or action is brought against the owner of a for-rent motor vehicle upon a liability under this title, it shall be the duty of the judge of the court before whom the case is pending to cause a preliminary hearing to be had, in the absence of the jury, for the purpose of determining whether the owner has obtained and there is in full force and effect, a policy or policies of insurance covering the person operating the vehicle under a rental agreement, in the limits above mentioned. When it appears that the owner has obtained such policy or policies and that the same are in full force and effect, the judge or magistrate before whom such action is pending shall dismiss the action as to the owner of the motor vehicle. (f) F. Whenever the owner of a motor vehicle rents such vehicle without a driver to another, it shall be unlawful for the latter to permit any other person to operate such vehicle without the permission of the owner. (g) G. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. |SECTION 93. AMENDATORY 47 O.S. 2021, Section 8-102, is amended to read as follows: Section 8-102. (a) A. In the event the owner of a for-rent motor vehicle has not given proof of financial responsibility as provided in Section 8-101 of this title, then the Tax Commission Service Oklahoma shall not register any motor vehicle owned by such person and rented, or intended to be rented, to another unless such owner shall demonstrate, to the satisfaction of the Commissioner, his financial ability to respond in damages as follows: 1. If he applies for registration of one motor vehicle, in the sum of at least Twenty Thousand Dollars ($20,000.00) for any one person injured or killed and in the sum of Forty Thousand Dollars ($40,000.00) for any number more than one injured or killed in any one accident. 2. If he applies for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle, and Twenty Thousand Dollars ($20,000.00) additional for each motor vehicle in excess of one, but it shall be sufficient for the owner to demonstrate ability to respond in damages in the sum of Two Hundred Thousand Dollars ($200,000.00) for any number of motor vehicles. (b) B. The Department Service Oklahoma shall cancel the registration of any motor vehicle rented without a driver whenever the Department Service Oklahoma ascertains that the owner has failed or is unable to comply with the requirements of this section. (c) C. Any owner of a for-rent motor vehicle who has given proof of financial responsibility under this section or who in violation of this act, has failed to give proof of financial responsibility shall be jointly and severally liable with any person operating such vehicle for any damages caused by the negligence of any person operating the vehicle by or with the permission of the owner, except that the foregoing provision shall not confer any right of action upon any passenger in any such rented vehicle as against the owner. (d) D. Nothing in this section shall be construed to prevent an owner from making defense in any such action upon the ground of comparative or contributory negligence to the extent to which such defense is allowed in other cases. |SECTION 94. AMENDATORY 47 O.S. 2021, Section 8-103, is amended to read as follows: Section 8-103. A. No person shall rent a motor vehicle to any other person unless the person to whom the vehicle is to be rented is duly licensed to operate a motor vehicle as required under this act or, in the case of a nonresident, then duly licensed under the laws of the state or country of his or her residence. B. No person shall rent a motor vehicle to another until he or she has inspected the driver license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his or her presence. C. Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address and driver license number of the person to whom the vehicle is rented, the expiration date of said license and place where said license was issued. Such record shall be open to inspection by any police officer or officer or employee of the Department Service Oklahoma . |SECTION 95. AMENDATORY 47 O.S. 2021, Section 11-810, is amended to read as follows: Section 11-810. A. Except when the person is the holder of a commercial driver license and commits the offense while operating any vehicle or when the person who commits the offense is operating a commercial motor vehicle, the Department of Public Safety shall not report or assess points to the driving record of any person, as maintained by the Department, for a conviction of exceeding the speed limit by at least one (1) mile per hour but not more than ten (10) miles per hour. B. Except when the person is the holder of a commercial driver license committing the offense while operating any vehicle or when the person committing the offense is operating a commercial motor vehicle, the Department of Public Safety shall not record or assess points for convictions for traffic offenses on the driving record of any person as maintained by the Department Service Oklahoma , where such conviction is for exceeding the speed limit prescribed in this title, but not exceeding the speed limit previously in force where the violation occurred. C. Except when the person is the holder of a commercial driver license committing the offense while operating any vehicle or when the person committing the offense is operating a commercial motor vehicle, the Department of Public Safety shall not record or assess points against a person for out-of-state convictions of exceeding the speed limits of that state, provided the person did not exceed the speed limit previously in force as of January 1, 1974, in the state where the conviction occurred. |SECTION 96. AMENDATORY 47 O.S. 2021, Section 11-901d, is amended to read as follows: Section 11-901d. A. It shall be unlawful for any person to operate a motor vehicle on any street or highway within this state while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion. B. Any person who violates the provisions of subsection A of this section shall, upon conviction, be punished by a fine of not more than One Hundred Dollars ($100.00). C. The Department of Public Safety shall not record or assess points for violations of this section on any license holder's traffic record maintained by the Department Service Oklahoma . D. The provisions of subsection A of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation: 1. An emergency response operator; 2. A hospital, physician's office or health clinic; 3. A provider of ambulance services; 4. A provider of firefighting services; or 5. A law enforcement agency. E. Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section. The provisions of such ordinances shall be the same as provided for in this section; the enforcement provisions of those ordinances shall not be more stringent than those of this section; and the fine and court costs for municipal ordinance violations shall be the same or a lesser amount as provided for in this section. F. For the purpose of this section: 1. "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones; 2. "Compose", "send" or "read" with respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device; 3. "Electronic communication device" means an electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include: a. a device that is physically or electronically integrated into a motor vehicle, b. a voice-operated global positioning or navigation system that is affixed to a motor vehicle, c. a hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function, or d. an ignition interlock device that has been installed on a motor vehicle; and 4. "Text message" includes a text-based message, instant message, electronic message, photo, video or electronic mail. |SECTION 97. AMENDATORY 47 O.S. 2021, Section 11-906.3, is amended to read as follows: Section 11-906.3 A. The State Department of Education shall develop and administer appropriate driver education programs to be conducted in all of the schools of this state to increase awareness of the dangers of drinking and driving. B. 1. In order to provide education and instruction to all applicants for an original Oklahoma driver license, the Oklahoma Driver's Manual, published and distributed by the Department of Public Safety Service Oklahoma pursuant to Section 2-114 of this title, shall contain accurate information on: a. the hazards of driving while under the influence of alcohol or other intoxicating substances, and b. the legal and financial consequences resulting from violations of this state's laws prohibiting the operation or actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substances. 2. In addition to the subjects set forth in Section 6-110 of this title, the written examination administered by the Department of Public Safety Service Oklahoma to every applicant for an original Oklahoma driver license shall contain questions on the subjects listed in this subsection. |SECTION 98. AMENDATORY 47 O.S. 2021, Section 11-1007, is amended to read as follows: Section 11-1007. A. 1. It shall be unlawful for any person to place or park a motor vehicle in any parking space that is designated and posted as a reserved area for the parking of a motor vehicle operated by or transporting a physically disabled person unless such person has applied for and been issued a detachable placard indicating physical disability under the provisions of Section 15-112 of this title, and such placard is displayed as provided in Section 15-112 of this title or in rules adopted pursuant thereto, or has applied for and been issued a physically disabled license plate pursuant to the provisions of Section 1135.1 or 1135.2 of this title, and such license plate is displayed pursuant to the provisions of the Oklahoma Vehicle License and Registration Act. 2. It shall also be unlawful for any person to place or park a motor vehicle, whether with or without a physically disabled placard or plate, in any disabled parking space access aisle, wheelchair ramp, wheelchair loading/unloading area or any portion thereof. B. 1. Violation of these provisions shall be a misdemeanor and upon conviction the person shall be fined Five Hundred Dollars ($500.00). Provided, any person cited for a first offense of a violation of this section who has displayed a placard which has expired pursuant to paragraph 4 or 5 of subsection D of Section 15- 112 of this title shall be entitled to dismissal of such charge and shall not be required to pay the fine or court costs if the person presents to the court within thirty (30) days of the issuance of the citation a notice from the Department of Public Safety Service Oklahoma that the person has obtained a valid placard pursuant to the provisions of subsection D of Section 15-112 of this title. Fines collected pursuant to this section shall be distributed as follows: a. eighty percent (80%) to the general fund of the municipality in which the citation was issued, subject to the provisions of subsection C of Section 15-115 of this title, and b. twenty percent (20%) to a dedicated fund established by the Department of Public Safety for the development, implementation and maintenance of a system for the enforcement of the disability parking provisions of this title through October 31, 2022. Beginning November 1, 2022, these fines will be distributed to a dedicated fund established by Service Oklahoma for the development, implementation, and maintenance of a system for the enforcement of the disability parking provisions of this title . 2. In addition, vehicles unlawfully parked in violation of these provisions shall be subject to immediate tow by a licensed tow truck operator at the request of the landowner or a duly appointed agent of the landowner, at the request of any person unable to lawfully gain access to or move their vehicle, at the request of any person unable to lawfully gain access to the area blocked by the unlawfully parked vehicle, or at the request of appropriate law- enforcement personnel. The owner of any vehicle unlawfully parked in violation of these provisions shall pay any and all reasonable and necessary costs associated with towing and storage of the vehicle. C. Upon the accumulation of the total necessary funds in the Department of Public Safety Restricted Revolving Fund pursuant to subsection B of this section, the Department of Public Safety shall develop, implement, deploy and administer a database which identifies all persons to whom disabled parking permits have been issued. The database shall be available twenty-four (24) hours a day to any person authorized by statute to enforce disabled parking laws of this state, in order to verify the validity of a disabled parking permit and the person to whom it is issued. Beginning November 1, 2022, Service Oklahoma shall administer the database. |SECTION 99. AMENDATORY 47 O.S. 2021, Section 11-1401.2, is amended to read as follows: Section 11-1401.2 A. For purposes of this section: 1. "Authority" means the Oklahoma Turnpike Authority; 2. "Commission" means the Oklahoma Tax Commission; 3. "Department" means the Department of Public Safety; 4. 3. "Electronic toll collection system" means a system of collecting tolls or charges which is capable of charging an account holder the appropriate toll or charge by transmission of information from an electronic device on a motor vehicle to the toll lane, which information is used to charge the account the appropriate toll or charge; 5. 4. "Owner" means any person, corporation, partnership, firm, agency, association, or organization who, at the time of the violation and with respect to the vehicle identified in the notice of toll evasion violation: a. is the beneficial or equitable owner of the vehicle, b. has title to the vehicle, c. is the registrant or coregistrant of the vehicle which is registered with the Oklahoma Tax Commission Service Oklahoma or similar registering agency of any other state, territory, district, province, nation or other jurisdiction, d. uses the vehicle in its vehicle renting businesses, or e. is a person entitled to the use and possession of a vehicle subject to a security interest in another person; 6. 5. "Photo-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a videotape or other recorded images of each vehicle at the time it is used or operated on the turnpikes under the Authority's jurisdiction; 7. 6. "Toll collection regulations" means those rules and regulations of the Oklahoma Turnpike Authority or statutes providing for and requiring the payment of tolls and/or charges prescribed by the Authority for the use of turnpikes under its jurisdiction or those rules and regulations of the Authority or statutes making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll and/or charge for the use of turnpikes under the jurisdiction of the Authority; 8. 7. "Toll evasion violation" means a failure to comply with the Authority's toll collection regulations, including the failure to pay an invoice submitted by the Authority via its video toll collection system; 9. 8. "Vehicle" means every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks; 10. 9. "Video toll collection system" means a photo-monitoring system used to charge and collect tolls from owners of vehicles imaged using the turnpike system. The owner of a vehicle imaged by the photo-monitoring system may or may not be an Authority account holder; and 11. 10. "Video toll collection system account" means the administrative assignment of all vehicles registered to an owner to an account for efficient billing of the appropriate toll or charge to an owner. B. 1. Notwithstanding any other provision of law, there shall be imposed monetary liability on the owner of a vehicle for failure of an operator thereof to comply with the toll collection regulations of the Oklahoma Turnpike Authority in accordance with the provisions of this section. 2. An owner's vehicle shall be registered with the Commission Service Oklahoma or similar registering agency of this state or any other state, territory, district, province, nation or other jurisdiction that permits access to owner registration information upon request by or agreement with the Authority for the purpose of carrying out the Authority's governmental functions. If a registering agency does not permit access to the Authority, an owner may comply by direct registration with the Authority. 3. a. The owner of a vehicle shall be liable for a civil penalty imposed pursuant to this section if the vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations, and such violation is evidenced by information obtained from a photo- monitoring system. b. No owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of the vehicle has been convicted of failing to pay a cash toll, in violation of toll collection regulations, for the same incident. c. An owner or operator of a vehicle is subject to a charge by the Department or other law enforcement agency for an owner's failure to timely pay an invoice for tolls and/or charges submitted by the Authority through its video toll collection system. 4. A certificate, sworn to or affirmed by an agent of the Authority, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a photo-monitoring system shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations. The photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for the violation. Each photo-monitoring system shall be checked bimonthly for accuracy, and shall be maintained, adjusted or replaced if necessary to ensure the systems are operating properly. 5. An owner found liable for a violation of toll collection regulations pursuant to this section shall be liable for a monetary penalty of Twenty-five Dollars ($25.00) for each violation. Liability for this monetary penalty does not abrogate an owner's obligation to pay toll charges associated with the violation, and the Authority may pursue collection of such unpaid toll charges pursuant to this section. 6. An imposition of liability pursuant to this section shall be based upon a preponderance of evidence as submitted. An imposition of liability pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the motor vehicle operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. 7. a. A notice of toll evasion violation shall be sent by regular first-class mail to each person alleged to be liable as an owner for a violation of toll collection regulations. The notice shall be mailed no later than forty-five (45) days after the alleged violation. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the receipt of the notice. b. A notice of toll evasion violation shall contain the name and address of the person alleged to be liable as an owner for a violation of toll collection regulations pursuant to this section, the registration or the license tag number of the vehicle involved in the violation, the location where the photo-monitoring system recorded the vehicle's image, the date and time of the image, the identification number of the photo- monitoring system which recorded the image or other document locator number and the nature of the violation. c. Notice of toll evasion violation shall be prepared and mailed by the Authority or its agents and shall contain information advising the person of the applicable monetary penalty and method of payment thereof and the manner and the time in which the person may contest the liability alleged in the notice. The notice of toll evasion violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit and instructions for returning the affidavit to the Authority and shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that the penalty shall be imposed and may be collected as authorized by law. In addition to the notice required by subparagraph a of this paragraph, the Authority may elect to send a subsequent notice of toll evasion violation by certified mail or other comparable form of private or public delivery service. Such notice shall contain a statement to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within twenty- one (21) days after receipt of the certified mail notice of toll evasion violation or completes and files the affidavit of nonliability, the renewal of the vehicle registration shall be contingent upon compliance with the notice of toll evasion violation. d. If the toll evasion penalty is received by the Authority and there is no contest as to that toll evasion violation, the proceedings under this section shall terminate. e. If the registered owner fails to pay the toll evasion penalty as required in this section, or fails to contest the notice of toll evasion violation issued pursuant to subparagraph c of this paragraph as provided in subparagraph a of paragraph 8 of this subsection, the registered owner shall be deemed liable for the violation by operation of law. The toll evasion penalty and any administrative fees or charges shall be considered a debt due and owing the Authority by the registered owner and the Authority may proceed to collect such penalty, fees or charges under paragraph 10 of this subsection. 8. a. Within twenty-one (21) days after receipt of a notice of toll evasion violation a person may contest a notice of toll evasion violation. In that case, the Authority shall do the following: (1) the Authority shall investigate the circumstances of the notice with respect to the contestant's written explanation of reasons for contesting the toll evasion violation. If, based upon the results of the investigation, the Authority is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the Authority shall maintain an adequate record of the findings of the investigation. Within thirty (30) days of receipt of a notice of contest the Authority shall complete such investigation and mail the results of the investigation to the person who contested the notice of toll evasion violation, and (2) if the person contesting a notice of toll evasion violation is not satisfied with the results of the investigation provided for in division (1) of this subparagraph, the person may, within fifteen (15) days of the mailing of the results of the investigation, deposit the amount of the toll evasion penalty and request an administrative review. An administrative review shall be held within ninety (90) calendar days following the receipt of a request for an administrative review, excluding any continuance time. The person requesting the review may request and shall be allowed one continuance, not to exceed twenty-one (21) calendar days. b. The administrative review procedure shall consist of the following: (1) the person requesting an administrative review shall indicate to the Authority his or her election for a review by mail or personal conference and may provide materials in support of the contest of the results of the investigation, (2) upon ten (10) days' written notice mailed to the contestant, the administrative review shall be conducted before an examiner designated to conduct review by the Authority's governing body or Director of the Oklahoma Turnpike Authority. In addition to any other requirements of employment, an examiner shall demonstrate those qualifications, training, and objectivity prescribed by the Authority's governing body or Director as are necessary and which are consistent with the duties and responsibilities set forth in this section and Section 11-1401.1 et seq. of this title, (3) the officer or person authorized to issue a notice of toll evasion violation shall be required to participate in an administrative review. The Authority shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, a photograph of the rear of the vehicle, information received from the Commission Service Oklahoma identifying the registered owner of the vehicle, and a notarized statement from the person reporting the violations. The documentation in proper form shall be considered prima facie evidence of the violation, and (4) the review shall be conducted in accordance with paragraph 6 of this subsection and in accordance with the written procedure established by the Authority which shall ensure fair and impartial review of contested toll evasion violations. The examiner's final decision shall be in writing and shall be delivered personally or by registered mail to the contestant within ten (10) days of the review. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the receipt of such decision. 9. a. Within twenty (20) days after receipt of the final decision described in division (4) of subparagraph b of paragraph 8 of this subsection, the contestant may seek review by filing an appeal to the district court having jurisdiction in the county in which the contestant lives, where the same shall be heard on the record. A copy of the notice of appeal shall be served in person or by first-class mail upon the Authority by the contestants. For purposes of computing the twenty-day period, the Code of Civil Procedure, Section 2006 of Title 12 of the Oklahoma Statutes, shall be applicable. b. The conduct of the hearing on appeal under this section is a subordinate judicial duty which may be performed by referees, masters or other subordinate judicial officials at the direction of the district court. c. If no notice of appeal of the Authority's decision is filed within the period set forth in subparagraph a of this paragraph, the examiner's decision shall be deemed final. 10. Except as otherwise provided in paragraphs 11 and 12 of this subsection, the Authority shall proceed under one or more of the following options to collect an unpaid toll evasion penalty: a. the Authority may file an itemization of unpaid toll evasion penalties and administrative and service fees with the Commission for collection at the time of registration of the vehicle pursuant to paragraph 19 of this subsection, or b. the Authority may contract with a collection agency to collect unpaid toll evasion penalties, fees, and charges. 11. The Authority shall not file a civil judgment with the district court relating to a toll evasion violation which has been filed with the Commission Service Oklahoma unless the Authority has determined that the registration of the vehicle has not been renewed for sixty (60) days beyond the renewal date and the notice has not been mailed by the Commission Service Oklahoma pursuant to paragraph 19 of this subsection. 12. If an owner receives a notice of toll evasion violation pursuant to this paragraph for any time period during which the vehicle was reported to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of toll collection regulations that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. If an owner receives a notice of toll evasion violation pursuant to this paragraph for any time period during which the vehicle was stolen, but not yet reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of toll collection regulations pursuant to this paragraph that the vehicle was reported as stolen within two (2) hours after the discovery of the theft by the owner. For purposes of asserting the defense provided by this subsection it shall be sufficient that a certified copy of the police report of the stolen vehicle be sent by first-class mail to the Authority and the district court having jurisdiction. 13. Subject to the review procedures contained in paragraph 8 of this subsection, an owner of a vehicle to which a notice of toll evasion violation was issued pursuant to paragraph 7 of this subsection shall not be liable for the violation of the toll collection regulations provided that the owner sends to the Authority the affidavit of nonliability described in paragraph 7 of this subsection, within twenty-one (21) days after receiving the original notice of toll evasion violation. Failure to send such information within the time period shall render the owner liable for the penalty prescribed by this section. 14. In connection with the preparation and mailing of a notice of toll evasion violation, the Authority shall ensure adequate and timely notice to all video toll collection system and electronic toll collection system account holders to inform them when their accounts are delinquent. An owner who is an account holder under the video toll collection system or electronic toll collection system shall not be found liable for a violation of this section unless the Authority has first sent a notice of delinquency to the account holder and the account holder was in fact delinquent at the time of the violation. 15. Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of toll collection laws or regulations. 16. Notwithstanding any other provision of law, all photographs, microphotographs, videotape or other recorded images prepared pursuant to this section shall be for the exclusive use of the Authority in the discharge of its duties under this section and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the action or proceeding relates to: a. the imposition of or indemnification for liability pursuant to this section, or b. an investigation or prosecution for a criminal violation of the laws of the State of Oklahoma. Such records shall be available to a law enforcement officer or law enforcement agency for law enforcement purposes related to an investigation or prosecution of a criminal violation of the laws of the State of Oklahoma pursuant to a duly issued search warrant, subpoena, or order of the court requiring such disclosure to a law enforcement officer or agency. 17. The Authority shall not sell, distribute or make available in any way, the names and addresses of video toll collection system and electronic toll collection system account holders or Authority patrons, without the consent of the account holders or patrons, to any entity that will use the information for any commercial purpose. 18. a. Except as provided in subparagraph c of this paragraph, the Commission Service Oklahoma shall refuse to renew the registration of any vehicle if the registered owner or lessee has been mailed by certified mail a notice of toll evasion violation as provided in subparagraph c of paragraph 7 of this subsection, the Authority has transmitted to the Commission Service Oklahoma an itemization of unpaid toll evasion penalties, including administrative fees, pursuant to paragraph 10 of this subsection, and the toll evasion penalty and administrative fee have not been paid pursuant to paragraph 9 of this subsection, unless the full amount of all outstanding toll evasion penalties and administrative fees, as shown by records of the Commission Service Oklahoma are paid to the Commission Service Oklahoma at the time of application for renewal. b. The Authority shall issue a notice of disposition of toll evasion violation to a lessor, if the lessor provides the Authority with the name, address, and driver license number of the lessee at the time of the occurrence of the toll evasion violation. c. The Commission Service Oklahoma shall renew the registration of any vehicle if the applicant provides the Commission Service Oklahoma with the notice of disposition of toll evasion violation issued pursuant to subparagraph b of this paragraph for clearing all outstanding toll evasion penalties, fees and assessments, as shown by the records of the Commission Service Oklahoma , and the applicant has met all other requirements for registration. 19. The Commission Service Oklahoma shall include on each vehicle registration renewal notice issued for use at the time of renewal, or on an accompanying document, an itemization of unpaid toll evasion penalties, fees and assessments, showing the amount thereof and the date of toll evasion relating thereto, which the registered owner or lessee is required to pay pursuant to paragraph 18 of this subsection. 20. a. Except as provided in subparagraph b of this paragraph, the Commission Service Oklahoma shall remit all toll evasion penalties, fees and assessments collected, after deducting the administrative fee authorized by paragraph 21 of this subsection, for each notice of toll evasion violation for which toll evasion penalties, fees and assessments have been collected pursuant to paragraph 18 of this subsection, to the Authority. Within forty-five (45) days from the time penalties, fees and assessments are paid to the Commission Service Oklahoma , the Commission Service Oklahoma shall inform the Authority which of its notices of toll evasion violation have been collected. b. For each notice of toll evasion violation for which toll evasion penalties, fees and assessments have been collected by the Commission Service Oklahoma pursuant to paragraph 17 of this subsection, the Authority is due an amount equal to the sum of the unpaid toll, administrative fees, other costs incurred by the Authority that are related to toll evasion, process service fees, and fees and collection costs related to civil debt collection. After deducting the Commission's Service Oklahoma's administrative fee authorized by paragraph 21 of this subsection, the Commission Service Oklahoma shall promptly pay to the Authority the amounts due the Authority for unpaid tolls, administrative fees, other costs incurred by the Authority that are related to toll evasion, process service fees, and fees and collection costs related to civil debt collection. 21. The Commission Service Oklahoma shall assess a fee for the recording of the notice of toll evasion violation, which is given to the Commission Service Oklahoma pursuant to paragraph 10 of this subsection, in an amount, as determined by the Commission Service Oklahoma , that is sufficient to provide a total amount equal to at least its actual costs of administering paragraphs 18, 19 and 22 of this subsection. 22. Whenever a vehicle is transferred or not renewed for two renewal periods and the former registered owner or lessee of the vehicle owes a toll evasion penalty and administrative fees for a notice of toll evasion violation filed with the Commission Service Oklahoma pursuant to paragraph 10 of this subsection, the Commission Service Oklahoma shall notify the Authority of that fact and is not required thereafter to attempt collection of the toll evasion penalty and administrative fees. This legislation shall not be construed to affect in any way the power which the Oklahoma Turnpike Authority possesses to establish tolls and other charges in connection with their turnpike facilities, including the authority to establish a one-way toll collection system for any of its facilities or a toll discount structure for certain classes of patrons using any of its facilities. |SECTION 100. AMENDATORY 47 O.S. 2021, Section 12-417, is amended to read as follows: Section 12-417. A. 1. Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or a passenger vehicle operated in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R., Section 571.208. 2. For the purposes of this section, "passenger vehicle" shall mean a Class D motor vehicle, but shall not include trucks, truck- tractors, recreational vehicles, motorcycles, or motorized bicycles, or a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of Section 1134 of this title. B. The Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system supported by written attestation of such fact from a physician licensed pursuant to Section 495 of Title 59 of the Oklahoma Statutes, may issue to the person an exemption from the provisions of this section. The exemption shall be in the form of a restriction appearing on the driver license of the person and shall remain in effect until the expiration date of the driver license. Nothing in this subsection shall be construed to prevent the person from applying for another exemption as provided for in this section. The issuance of an attestation by a physician and the subsequent issuance of an exemption by the Commissioner, in good faith, shall not give rise to, nor shall the physician and the state thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system. C. This section shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service. D. The Department of Public Safety shall not record or assess points for violations of this section on any license holder's traffic record maintained by the Department Service Oklahoma . E. Fine and court costs for violating the provisions of this section shall not exceed Twenty Dollars ($20.00). F. Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under provisions of this section, but the provisions of those ordinances shall be the same as provided for in this section, and the enforcement provisions under those ordinances shall not be more stringent than those of this section. |SECTION 101. AMENDATORY 47 O.S. 2021, Section 15-112, is amended to read as follows: Section 15-112. A. As used in this section: 1. "Physician" means any person holding a valid license to practice medicine and surgery, osteopathic medicine, chiropractic, podiatric medicine, or optometry, pursuant to the state licensing provisions of Title 59 of the Oklahoma Statutes; 2. "Physician assistant" means any person holding a valid license as a physician assistant, pursuant to the state licensing provisions of the Physician Assistant Act; 3. "Advanced registered nurse practitioner" means any person who holds a current license as a registered nurse and a current certificate of recognition for practice as an Advanced Registered Nurse Practitioner as set forth in the Oklahoma Nursing Practice Act pursuant to the state licensing provisions contained in paragraph 5 of Section 567.3a of Title 59 of the Oklahoma Statutes; and 4. "Physical disability" means an illness, disease, injury or condition by reason of which a person: a. cannot walk two hundred (200) feet without stopping to rest, b. cannot walk without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistance device, c. is restricted to such an extent that the person's forced (respiratory) expiratory volume for one (1) second, when measured by spirometry, is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest, d. must use portable oxygen, e. has functional limitations which are classified in severity as Class III or Class IV according to standards set by the American Heart Association, f. is severely limited in the person's ability to walk due to an arthritic, neurological or orthopedic condition, or from complications due to pregnancy, or g. is certified legally blind, or is missing one or more limbs. B. The Department of Public Safety Service Oklahoma shall issue a detachable placard indicating physical disability to any person who submits an application on a form furnished by the Department Service Oklahoma and certified by a physician, physician assistant, or advanced registered nurse practitioner attesting that the applicant has a physical disability. The attestation of the physician, physician assistant, or advanced registered nurse practitioner shall denote "temporary" as the type of placard requested and shall indicate an expiration date which the physician, physician assistant, or advanced registered nurse practitioner estimates to be the date of termination of such physical disability; however, if the physician, physician assistant, or advanced registered nurse practitioner certifies that the physical disability is permanent, the physician, physician assistant, or advanced registered nurse practitioner shall denote "five-year" as the type of placard requested. C. Any placard issued by the Department of Public Safety Service Oklahoma shall remain valid until: 1. The placard expires; 2. The person to whom the placard was issued requests a replacement placard; or 3. The placard is no longer needed by the person to whom the placard was issued for the disability for which the placard was originally issued, whereupon such placard shall be returned to the Department Service Oklahoma . D. 1. A five-year placard shall expire five (5) years from the last day of the month in which the placard was issued. Upon the expiration of a five-year placard, the person to whom such placard was issued may obtain a subsequent placard by reapplying to the Department Service Oklahoma , in the same manner as provided in subsection B of this section. 2. A temporary placard shall indicate the expiration date which the physician, physician assistant, or advanced registered nurse practitioner certifying the physical disability estimates to be the date of termination of such physical disability, which shall not be later than six (6) months from the date of issuance and upon which date such placard shall expire and shall be returned to the Department Service Oklahoma ; provided, however, nothing in this paragraph shall be construed to prevent the holder from applying for another placard, as provided for in this section. 3. In the event that a placard is lost or destroyed, the person to whom such placard was issued may apply in writing to the Department Service Oklahoma for a replacement placard, which the Department Service Oklahoma shall issue with the same expiration date as the original placard. 4. On and after January 1, 1998, all placards issued prior to October 31, 1990, shall expire on the last day of the month in which the placard was issued, and the person to whom such placard was issued may follow the procedure provided for in subsection B of this section to obtain a second or subsequent placard. 5. On and after January 1, 2000, all placards issued between November 1, 1990, and June 30, 1995, shall expire on the last day of the birth month of the person to whom the placard was issued, and the person to whom such placard was issued may follow the procedure provided for in subsection B of this section to obtain a second or subsequent placard. E. A physician, physician assistant, or advanced registered nurse practitioner may sign an application certifying that a person has a physical disability, as provided in subsection B of this section, only if care and treatment of the illness, disease, injury or condition causing the physical disability of such person falls within the authorized scope of practice of the physician or physician assistant, or advanced registered nurse practitioner. F. The Department Service Oklahoma shall have the power to formulate, adopt and promulgate rules as may be necessary to implement and administer the provisions of this section, including, but not limited to, prescribing the manner in which the placard is to be displayed on a motor vehicle. G. Nothing in this section shall prohibit the issuance of a temporary placard to a pregnant woman whose condition, as determined by a physician, physician assistant, or advanced registered nurse practitioner, meets one or more of the categories described in paragraph 4 of subsection A of this section. |SECTION 102. AMENDATORY 47 O.S. 2021, Section 18-101, is amended to read as follows: Section 18-101. A. Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to the court or its traffic-violations bureau, and shall keep a record of every official action by the court or its traffic-violations bureau, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture resulting from every traffic complaint, citation or other legal form of traffic charge deposited with or presented to the court or traffic-violations bureau. B. Within five (5) days after: 1. The conviction of any person holding a Class D driver license; or 2. The conviction, as defined in subsection A of Section 6- 205.2 of this title, of any person holding a Class A, B or C driver license; or 3. The forfeiture of bail of a person ; , upon a charge of violating any law regulating the operation of vehicles on highways , every magistrate of the court or clerk of the court of record , in which the conviction was had or bail was forfeited , shall prepare and immediately forward to the Department of Public Safety Service Oklahoma an abstract of the record covering the case in which the person was convicted or forfeited bail, which shall be certified by the person required to prepare the abstract to be true and correct. C. A report shall not be made of any conviction: 1. Involving the illegal parking or standing of a vehicle; 2. Rendered by a nonlawyer judge, unless, within a period not to exceed the preceding reporting period for Mandatory Continuing Legal Education, the judge has completed courses held for municipal judges which have been approved by the Oklahoma Bar Association Mandatory Legal Education Commission for at least six (6) hours of continuing judicial education credit , and the Department of Public Safety Service Oklahoma receives verification of such attendance , from the judge. In the case of attendance of a continuing judicial education course, verification may be made by a statement of attendance signed by the course registration personnel; or 3. Involving any offense for which the offender is eligible for participation in an approved drug court program. However, if the offender does not successfully complete the drug court program, the abstract of the record shall be forwarded as provided in subsection B of this section, or if the offender has a prior felony conviction, the abstract of the record shall be forwarded as provided in Section 471.9 of Title 22 of the Oklahoma Statutes. D. The abstract shall be made upon a form furnished by the Department Service Oklahoma and shall include: 1. The name, address, sex, and date of birth of the person charged; 2. The traffic citation number; 3. The driver license number, if any, of the person charged, and the state or jurisdiction from which the license is issued; 4. The license plate number, make, and model of the vehicle involved; 5. The nature and date of the offense, the date of hearing, the plea, the judgment, or, if bail was forfeited, the amount of the fine or forfeiture; and 6. The name of the court and whether it is a municipal or district court. E. Every court of record shall also forward a like report to the Department Service Oklahoma upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used. F. The failure, refusal or neglect of any judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be ground for removal. |SECTION 103. AMENDATORY 47 O.S. 2021, Section 230.6, is amended to read as follows: Section 230.6 A. No person prohibited from operating a commercial vehicle shall operate such commercial motor vehicle, nor shall any person authorize or require a person who has been prohibited from such operation of a motor vehicle to operate a commercial motor vehicle. B. No person shall operate, authorize to operate, or require the operation of any vehicle or the use of any container when the person has been placed out-of-service or the vehicle or container has been marked out-of-service until all requirements of the out-of- service order of the person have been met or all required corrections for the vehicle or container have been made; provided, upon approval of the Department, the vehicle or container may be moved to another location for the purpose of repair or correction. C. No person shall remove an out-of-service marking from a transport vehicle or container unless all required corrections have been made and the vehicle or container has been inspected and approved by an authorized officer, employee, or agent of the Department. No person shall return to duty unless all requirements of the out-of-service order have been met and the person has been approved to return to duty by an authorized officer, employee or agent of the Department. D. No employer shall knowingly allow, require, permit or authorize an employee to operate a commercial motor vehicle: 1. During any period in which the employee: a. has had driving privileges to operate a commercial motor vehicle suspended, revoked, canceled, denied or disqualified, b. has had driving privileges to operate a commercial motor vehicle disqualified, c. is not licensed to operate a commercial motor vehicle; provided, this subparagraph shall not apply to any person who is the holder of a valid commercial learner permit issued by the Department in conjunction with a Class D driver license, d. has more than one commercial driver license; provided, this subparagraph shall not apply to any person who is the holder of a valid commercial learner permit issued by the Department Service Oklahoma in conjunction with a Class A, B or C driver license, e. does not have the proper class or endorsements on the driver license or commercial learner permit, or f. is in violation of any restriction on the driver license or commercial learner permit; 2. During any period in which the employee, the commercial motor vehicle which the employee is operating, the motor carrier business or operation, or the employer is subject to an out-of- service order; or 3. In violation: a. of a federal, state, or local law, regulation, or ordinance pertaining to railroad-highway grade crossings, or b. of any restriction on the driver license or commercial learner permit of the employee. E. An employer who is determined by the Commissioner to have committed a violation of subsection D of this section shall be subject to an administrative penalty of not less than Two Thousand Seven Hundred Fifty Dollars ($2,750.00) nor more than Twenty-five Thousand Dollars ($25,000.00). F. An employee who is determined by the Commissioner to have committed a violation of any provision of this section shall be subject to an administrative penalty of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00). |SECTION 104. AMENDATORY 47 O.S. 2021, Section 782, is amended to read as follows: Section 782. As used in the Compact, the term "licensing authority" , with reference to this state, shall mean the Department of Public Safety Service Oklahoma . Said Department of Public Safety Service Oklahoma shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the Compact. |SECTION 105. AMENDATORY 47 O.S. 2021, Section 785, is amended to read as follows: Section 785. Any court or other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking or otherwise limiting a license to drive, shall report any such action and the adjudication upon which it is based to the Department of Public Safety Service Oklahoma within ten (10) days on forms furnished by said Department Service Oklahoma . |SECTION 106. AMENDATORY 47 O.S. 2021, Section 786, is amended to read as follows: Section 786. The Department of Public Safety Service Oklahoma shall enforce the provisions of Article IV of this Compact under authority granted by 47 O.S. 1961, Sections 6-202, 6-203, 6-205 and 6-206. |SECTION 107. AMENDATORY 47 O.S. 2021, Section 903, is amended to read as follows: Section 903. Any such officer who has directed the impoundment of any vehicle, or an authorized person in the employing agency of the officer, shall within seventy-two (72) hours of the impoundment notify the Department of Public Safety of such impoundment. The notice of impoundment shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the estimated value of the vehicle as determined by the officer. Upon receipt of such notice of impoundment, the Department of Public Safety shall, within seventy-two (72) hours, request the Oklahoma Tax Commission Service Oklahoma or other appropriate motor license agent licensed operator to furnish the name and address of the owner of and any lienholder on the vehicle and shall within three (3) days from receipt of the requested information send a notice to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by the Tax Commission Service Oklahoma or motor license agent the licensed operator , of the location of the vehicle. This section shall not be construed to create any civil liability upon the state, any agency of the state or employee thereof for failure to provide such notice to the owner or lienholder. |SECTION 108. AMENDATORY 47 O.S. 2021, Section 911, is amended to read as follows: Section 911. The proceeds from the sale of an abandoned vehicle made pursuant to Section 908 of this title shall be applied in the following order: 1. to To the reasonable cost incurred in the sale of the abandoned vehicle; 2. to To the satisfaction of the special lien provided for in Section 907 of this title; 3. to To the satisfaction of any indebtedness secured by a subordinate security interest or lien in the vehicle; and 4. to To the owner if such owner is known, and if such owner or the address of such owner is not known, to the Oklahoma Tax Commission Service Oklahoma to be remitted to the State Treasurer and by him deposited in the General Revenue Fund. |SECTION 109. AMENDATORY 47 O.S. 2021, Section 1102, 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 in this title or in any equivalent statute pertaining to road or highway surfacing in the State of Oklahoma, 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 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. "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; 13. "Interstate commerce" means any commerce moving between any place in a state and any place in another state or between places in the same state through another state; 14. "Laden weight" means the combined weight of a vehicle when fully equipped for use and the cargo or payload transported thereon; provided, that in no event shall the laden weight be less than the unladen weight of the vehicle fully equipped for use, plus the manufacturer's rated carrying capacity; 15. "Local authorities" means every county, municipality or local board or body having authority to adopt police regulations under the Constitution and laws of this state; 16. "Low-speed electrical vehicle" means any four-wheeled electrical vehicle that is powered by an electric motor that draws current from rechargeable storage batteries or other sources of electrical current and whose top speed is greater than twenty (20) miles per hour but not greater than twenty-five (25) miles per hour and is manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles in 49 C.F.R. 571.500; 17. "Manufactured home" means a residential dwelling built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and rules promulgated pursuant thereto and the rules promulgated by the Oklahoma Used Motor Vehicle and Parts Commission pursuant to Section 582 of this title. Manufactured home shall not mean a park model recreational vehicle as defined in this section; 18. "Manufactured home dealer" means any person, firm or corporation engaged in the business of selling any new and unused, or used, or both new and used manufactured homes. Such information and a valid franchise letter as proof of authorization to sell any such new manufactured home product line or lines shall be attached to the application for a dealer license to sell manufactured homes. "Manufactured home dealer" shall not include any person, firm or corporation who sells or contracts for the sale of the dealer's own personally titled manufactured home or homes. No person, firm or corporation shall be considered a manufactured home dealer as to any manufactured home purchased or acquired by such person, firm or corporation for purposes other than resale; provided, that the restriction set forth in this sentence shall not prevent an otherwise qualified person, firm or corporation from utilizing a single manufactured home as a sales office; 19. "Medium-speed electrical vehicle" means any self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one (1) mile is more than thirty (30) miles per hour but not greater than thirty-five (35) miles per hour; 20. " Motor license agent Licensed operator " means any person appointed, designated or authorized by the Oklahoma Tax Commission Service Oklahoma to collect the fees and to enforce the provisions provided for in the Oklahoma Vehicle License and Registration Act; 21. "New vehicle" or "unused vehicle" means a vehicle which has been in the possession of the manufacturer, distributor or wholesaler or has been sold only by the manufacturer, distributor or wholesaler to a dealer; 22. "Nonresident" means any person who is not a resident of this state; 23. "Off-road motorcycle" means any motorcycle, as defined in Section 1-135 of this title, when such motorcycle has been manufactured for and used exclusively off roads, highways and any other paved surfaces; 24. "Owner" means any person owning, operating or possessing any vehicle herein defined; 25. "Park model recreational vehicle" means a vehicle that is: 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.; 26. "Person" means any individual, copartner, joint venture, association, corporation, limited liability company, estate, trust, business trust, syndicate, the State of Oklahoma, or any county, city, municipality, school district or other political subdivision thereof, or any group or combination acting as a unit, or any receiver appointed by the state or federal court; 27. "Rebodied vehicle" means a vehicle: 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 the Tax Commission Service Oklahoma has assigned or will assign a new identifying number; 28. "Recreational off-highway vehicle" means a vehicle manufactured and used exclusively for off-highway use, traveling on four or more non-highway tires, and being sixty-five (65) inches or less in width; 29. "Recreational vehicle" means every vehicle which is built on or permanently attached to a self-propelled motor chassis or chassis cab which becomes an integral part of the completed vehicle and is capable of being operated on the highways. In order to qualify as a recreational vehicle pursuant to this paragraph such vehicle shall be permanently constructed and equipped for human habitation, having its own sleeping and kitchen facilities, including permanently affixed cooking facilities, water tanks and holding tank with permanent toilet facilities. Recreational vehicle shall not include manufactured homes or any vehicle with portable sleeping, toilet and kitchen facilities which are designed to be removed from such vehicle. Recreational vehicle shall include park model recreational vehicles as defined in this section; 30. "Remanufactured vehicle" means a vehicle which has been assembled by a vehicle remanufacturer using a new body and which may include original, reconditioned, or remanufactured parts, and which is not a salvage, rebuilt, or junked vehicle as defined by paragraphs 1, 2, and 6, respectively, of subsection A of Section 1105 of this title; 31. "Rental trailer" means all small or utility trailers or semitrailers constructed and suitable for towing by a passenger automobile and designed only for carrying property, when the trailers or semitrailers are owned by, or are in the possession of, any person engaged in renting or leasing such trailers or semitrailers for intrastate or interstate use or combined intrastate and interstate use; 32. "Special mobilized machinery" means special purpose machines or devices, either self-propelled or drawn as trailers or semitrailers, which derive no revenue from the transportation of persons or property, whose use of the highway is only incidental, and whose useful revenue producing service is performed at destinations in an area away from the traveled surface of an established open highway; 33. "State" means the State of Oklahoma; 34. "Station wagon" means any passenger vehicle which does not have a separate luggage compartment or trunk and which does not have open beds, and has one or more rear seats readily lifted out or folded, whether same is called a station wagon or ranch wagon; 35. "Street-legal utility vehicle" means a vehicle meeting the description and specifications of Section 1 1-171.1 of this act title ; 36. "Travel trailer" means any vehicular portable structure built on a chassis, used as a temporary dwelling for travel, recreational or vacational use, and, when factory-equipped for the road, it shall have a body width not exceeding eight (8) feet and an overall length not exceeding forty (40) feet, including the hitch or coupling; 37. "Travel 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 travel trailers. Such information and a valid franchise letter as proof of authorization to sell any such new travel trailer product line or lines shall be attached to the application for a dealer license to sell travel trailers. "Travel trailer dealer" shall not include any person, firm or corporation who sells or contracts for the sale of his or her own personally titled travel trailer or trailers. No person, firm or corporation shall be considered as a travel trailer dealer as to any travel trailer purchased or acquired by such person, firm or corporation for purposes other than resale; 38. "Used motor vehicle dealer" means "used motor vehicle dealer" as defined in Section 581 of this title; 39. "Used vehicle" means any vehicle which has been sold, bargained, exchanged or given away, or used to the extent that it has become what is commonly known, and generally recognized, as a "secondhand" vehicle. This shall also include any vehicle other than a remanufactured vehicle, regardless of age, owned by any person who is not a dealer; 40. "Utility vehicle" means a vehicle powered by an internal combustion engine, manufactured and used exclusively for off-highway use, equipped with seating for two or more people and a steering wheel, traveling on four or more wheels; 41. "Vehicle" means any type of conveyance or device in, upon or by which a person or property is or may be transported from one location to another upon the avenues of public access within the state. "Vehicle" does not include bicycles, trailers except travel trailers and rental trailers, or implements of husbandry as defined in Section 1-125 of this title. All implements of husbandry used as conveyances shall be required to display the owner's driver license number or license plate number of any vehicle owned by the owner of the implement of husbandry on the rear of the implement in numbers not less than two (2) inches in height. The use of the owner's Social Security number on the rear of the implement of husbandry shall not be required; and 42. "Vehicle remanufacturer" means a commercial entity which assembles remanufactured vehicles. |SECTION 110. AMENDATORY 47 O.S. 2021, Section 1104, is amended to read as follows: Section 1104. A. Unless otherwise provided by law, all fees, taxes and penalties collected or received pursuant to the Oklahoma Vehicle License and Registration Act or Section 1-101 et seq. of this title shall be apportioned and distributed monthly by the Oklahoma Tax Commission in accordance with this section. B. 1. The following percentages of the monies referred to in subsection A of this section shall be apportioned to the various school districts in accordance with paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, thirty-five and forty-six one-hundredths percent (35.46%), b. for the year beginning July 1, 2001, and ending June 30, 2002, thirty-five and ninety-one one-hundredths percent (35.91%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, thirty-six and twenty one- hundredths percent (36.20%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, thirty-six and twenty one- hundredths percent (36.20%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, thirty-six and twenty one-hundredths percent (36.20%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned to the various school districts so that each district shall receive an amount based upon the proportion that each district's average daily attendance bears to the total average daily attendance of those districts entitled to receive funds pursuant to this section as certified by the State Department of Education. Each district's allocation of funds shall be remitted to the county treasurer of the county wherein the administrative headquarters of the district are located. No district shall be eligible for the funds herein provided unless the district makes an ad valorem tax levy of fifteen (15) mills and maintains nine (9) years of instruction and pursuant to the rules of the State Board of Education, is authorized to maintain ten (10) years of instruction. C. The following percentages of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the General Revenue Fund of the State Treasury: 1. From October 1, 2000, until June 30, 2001, forty-five and ninety-seven one-hundredths percent (45.97%); 2. For the year beginning July 1, 2001, and ending June 30, 2002, forty-five and twenty-nine one-hundredths percent (45.29%); 3. For the year beginning July 1, 2002, and for the subsequent fiscal years ending June 30, 2007, forty-four and eighty-four one- hundredths percent (44.84%); 4. For the year beginning July 1, 2007, and ending June 30, 2008, thirty-nine and eighty-four one-hundredths percent (39.84%); 5. For the year beginning July 1, 2008, and ending June 30, 2009, thirty-four and eighty-four one-hundredths percent (34.84%); 6. For the period beginning July 1, 2009, and ending December 31, 2012, twenty-nine and eighty-four one-hundredths percent (29.84%); 7. For the period beginning January 1, 2013, and ending June 30, 2013, twenty-nine and thirty-four one-hundredths percent (29.34%); 8. For the year beginning July 1, 2013, and ending June 30, 2014, twenty-six and eighty-four one-hundredths percent (26.84%); and 9. For the year beginning July 1, 2014, through the year ending June 30, 2019, twenty-four and eighty-four one-hundredths percent (24.84%). D. The following percentages of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the State Transportation Fund: 1. From October 1, 2000, until June 30, 2001, thirty one- hundredths percent (0.30%); 2. For the year beginning July 1, 2001, through the year ending on June 30, 2015, thirty-one one-hundredths percent (0.31%); 3. For the year beginning July 1, 2015, through the year ending on June 30, 2019, thirty-one one-hundredths percent (0.31%), but in no event shall the amount apportioned in any fiscal year pursuant to this paragraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund; and 4. For the year beginning July 1, 2019, and all subsequent years, thirty-one one-hundredths percent (0.31%), but in no event shall the amount apportioned in any fiscal year pursuant to this paragraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. E. 1. The following percentages of the monies referred to in subsection A of this section shall be apportioned to the various counties as set forth in paragraph 2 of this section: a. from October 1, 2000, until June 30, 2001, seven and nine one-hundredths percent (7.09%), b. for the year beginning July 1, 2001, and ending June 30, 2002, seven and eighteen one-hundredths percent (7.18%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, seven and twenty-four one- hundredths percent (7.24%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, seven and twenty-four one- hundredths percent (7.24%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, seven and twenty-four one-hundredths percent (7.24%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned as follows: forty percent (40%) of such sum shall be distributed to the various counties in that proportion which the county road mileage of each county bears to the entire state road mileage as certified by the Transportation Commission and the remaining sixty percent (60%) of such sum shall be distributed to the various counties on the basis which the population and area of each county bears to the total population and area of the state. The population shall be as shown by the last Federal Census or the most recent annual estimate provided by the United States Bureau of the Census. The funds shall be used for the purpose of constructing and maintaining county highways; provided, however, the county treasurer may deposit so much of the funds in the sinking fund as may be necessary for the retirement of interest and annual accrual of indebtedness created by the issuance of county or township bonds for road purposes. Such deposits to the sinking fund shall not exceed forty percent (40%) of the funds allocated to a county pursuant to this paragraph. F. 1. The following percentages of the monies referred to in subsection A of this section shall be remitted to the county treasurers of the respective counties and by them deposited in a separate special revenue fund to be used by the county commissioners in accordance with paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, two and fifty-three one-hundredths percent (2.53%), b. for the year beginning July 1, 2001, and ending June 30, 2002, two and fifty-six one-hundredths percent (2.56%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, two and fifty-nine one- hundredths percent (2.59%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, two and fifty-nine one- hundredths percent (2.59%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, two and fifty-nine one-hundredths percent (2.59%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be used for the primary purpose of matching federal funds for the construction of federal aid projects on county roads, or constructing and maintaining county or township highways and permanent bridges of such counties. The distribution of monies apportioned by this paragraph shall be made upon the basis of the current formula based upon road mileage, area and population as related to county road improvement and maintenance costs. Provided, however, the Department of Transportation may update the formula factors from time to time as necessary to account for changing conditions. G. 1. The following percentages of the monies referred to in subsection A of this section shall be transmitted by the Tax Commission to the various counties as set forth in paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, three and fifty-five one-hundredths percent (3.55%), b. for the year beginning July 1, 2001, and ending June 30, 2002, three and fifty-nine one-hundredths percent (3.59%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, three and sixty-two one- hundredths percent (3.62%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, three and sixty-two one- hundredths percent (3.62%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, three and sixty-two one-hundredths percent (3.62%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be transmitted to the various counties on the basis of a formula to be developed by the Department of Transportation. Such formula shall be similar to that currently used for the distribution of County Bridge Program Funds, but also taking into consideration the effect of terrain and traffic volume as related to county road improvement and maintenance costs. Provided, however, the Department of Transportation may update the formula factors from time to time as necessary to account for changing conditions. The funds shall be transmitted to the various county treasurers to be deposited in the county highway fund of their respective counties. H. 1. The following percentages of the monies referred to in subsection A of this section shall be apportioned to the various counties as set forth in paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, eighty-one one-hundredths percent (0.81%), b. for the year beginning July 1, 2001, and ending June 30, 2002, eighty-two one-hundredths percent (0.82%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, eighty-three one-hundredths percent (0.83%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, eighty-three one-hundredths percent (0.83%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, eighty-three one-hundredths percent (0.83%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned to the various counties based upon the proportion that each county's population bears to the total state population. Each county's allocation of funds shall be remitted to the various county treasurers to be deposited in the general fund of the county and used for the support of county government. I. 1. The following percentages of the monies referred to in subsection A of this section shall be apportioned to the various cities and incorporated towns as set forth in paragraph 2 of this subsection: a. from October 1, 2000, until June 30, 2001, three and four one-hundredths percent (3.04%), b. for the year beginning July 1, 2001, and ending June 30, 2002, three and eight one-hundredths percent (3.08%), c. for the year beginning July 1, 2002, through the year ending on June 30, 2015, three and ten one-hundredths percent (3.10%), d. for the year beginning July 1, 2015, through the year ending on June 30, 2019, three and ten one-hundredths percent (3.10%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the General Revenue Fund, and e. for the year beginning July 1, 2019, and all subsequent years, three and ten one-hundredths percent (3.10%), but in no event shall the amount apportioned in any fiscal year pursuant to this subparagraph exceed the total amount apportioned for the fiscal year ending on June 30, 2015. Any amounts in excess of such limitation shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. 2. The monies apportioned pursuant to subparagraphs a through e of paragraph 1 of this subsection shall be apportioned to the various cities and incorporated towns based upon the proportion that each city or incorporated town's population bears to the total population of all cities and incorporated towns in the state. Such funds shall be remitted to the various county treasurers for allocation to the various cities and incorporated towns. All such funds shall be used for the construction, maintenance, repair, improvement and lighting of streets and alleys. Provided, however, the governing board of any city or town may, with the approval of the county excise board, transfer any surplus funds to the general revenue fund of such city or town whenever an emergency requires such a transfer. J. The following percentages of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the Oklahoma Law Enforcement Retirement Fund: 1. From October 1, 2000, until June 30, 2001, one and twenty- two one-hundredths percent (1.22%); 2. For the year beginning July 1, 2001, and ending June 30, 2002, one and twenty-three one-hundredths percent (1.23%); and 3. For the year beginning July 1, 2002, and all subsequent years, one and twenty-four one-hundredths percent (1.24%). K. Three one-hundredths of one percent (3/100 of 1%) of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the Wildlife Conservation Fund. Seventy-five percent (75%) of the funds shall be used for fish habitat restoration and twenty-five percent (25%) of the funds shall be used in the fish hatchery system for fish production. L. 1. For the year beginning July 1, 2007, and ending June 30, 2008, five percent (5%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 2. For the year beginning July 1, 2008, and ending June 30, 2009, ten percent (10%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 3. For the period beginning July 1, 2009, and ending December 31, 2012, fifteen percent (15%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 4. For the period beginning January 1, 2013, and ending June 30, 2013, fifteen and fifty one-hundredths percent (15.50%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 5. For the year beginning July 1, 2013, and ending June 30, 2014, eighteen percent (18%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 6. For the year beginning July 1, 2014, twenty percent (20%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes. 7. For the year beginning July 1, 2015, through the year ending on June 30, 2019, twenty percent (20%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes, but in no event shall the total amount apportioned in any fiscal year pursuant to this paragraph exceed One Hundred Twenty Million Dollars ($120,000,000.00). Any amounts in excess of One Hundred Twenty Million Dollars ($120,000,000.00) shall be placed to the credit of the General Revenue Fund. 8. a. Except as provided in subparagraph b of this paragraph, for the year beginning July 1, 2019, and all subsequent years, twenty percent (20%) of monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes, but in no event shall the total amount apportioned in any fiscal year pursuant to this paragraph exceed One Hundred Twenty Million Dollars ($120,000,000.00). Any amounts in excess of One Hundred Twenty Million Dollars ($120,000,000.00) shall be placed to the credit of the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes, and b. (1) for the fiscal year beginning July 1, 2021, through the fiscal year ending June 30, 2026, the Oklahoma Tax Commission shall remit twenty-five percent (25%) of the monthly allocation, otherwise scheduled to be credited to the County Improvements for Roads and Bridges Fund, to the various counties of the state. The Commission shall distribute such funds monthly to each county treasurer as follows: (a) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the area of each county bears to the total area of the state, (b) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the certified county road miles of each county bear to the total sum of county road miles in the state, and (c) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the total replacement cost for obsolete or deficient bridges according to the most recent ODOT yearly Bridge Summary Report for County Bridges for each county bears to the total amount of such cost for all such county bridges in the state, and (2) for the fiscal year beginning July 1, 2026, and all subsequent fiscal years thereafter, the Oklahoma Tax Commission shall remit twenty-five percent (25%) of the monthly allocation, otherwise scheduled to be credited to the County Improvements for Roads and Bridges Fund, to the various counties of the state. The Commission shall distribute such funds monthly to each county treasurer as follows: (a) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the area of each county bears to the total area of the state, (b) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the certified county road miles of each county bear to the total sum of county road miles in the state, and (c) one-third (1/3) of such funds shall be distributed to the various counties in the proportion which the number of county bridges in each county according to the ODOT 2020 Bridge Summary Report for County Bridges bears to the total sum of county bridges in the state according to such report. Each county treasurer shall deposit such funds to the county's county highway fund and such funds shall be used for maintenance and operations. In no event shall the total amount apportioned in any fiscal year pursuant to the provisions of subparagraphs a and b of this paragraph exceed One Hundred Twenty Million Dollars ($120,000,000.00). M. Twenty-four and eighty-four one-hundredths percent (24.84%) of the monies referred to in subsection A of this section shall be remitted to the State Treasurer to be credited to the Rebuilding Oklahoma Access and Driver Safety Fund created in Section 1521 of Title 69 of the Oklahoma Statutes. N. Monies allocated to counties by this section may be estimated by the county excise board in the budget for the county as anticipated revenue to the extent of ninety percent (90%) of the previous year's income from such source; provided, not more than fifteen percent (15%) can be encumbered during any month. O. Notwithstanding any other provisions of this section, for the fiscal year beginning July 1, 2003, the first One Hundred Thousand Dollars ($100,000.00) of the monies collected or received by the Tax Commission pursuant to the registration of motorcycles and mopeds in this state shall be placed to the credit of the Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023, the first One Hundred Thousand Dollars ($100,000.00) of the monies collected or received by Service Oklahoma pursuant to the registration of motorcycles and mopeds in this state shall be placed to the credit of the Service Oklahoma Revolving Fund. |SECTION 111. AMENDATORY 47 O.S. 2021, Section 1104.1, is amended to read as follows: Section 1104.1 A. Twenty-three Dollars ($23.00) of the fee authorized by Section 1135.5 of this title for university or college supporter license plates which are received each year by the Oklahoma Tax Commission Service Oklahoma or its motor license agents licensed operators and transferred to the Oklahoma Tax Commission shall be apportioned as follows: 1. Twenty Dollars ($20.00) of the fee for each license plate designating a particular state university or college shall be apportioned to the particular state university or college so designated on the license plate. Twenty Dollars ($20.00) of the fee for each license plate designating a particular private university or college shall be apportioned to the particular private university or college so designated on the license plate and may be used by the private university or college as compensation for use of the symbols, words, or letters authorized by the private university or college for use on the license plate; and 2. Three Dollars ($3.00) shall be deposited to the Adaptive Grant Program for Oklahomans with Intellectual Disabilities Revolving Fund created by this section to be used for educational purposes. B. There is hereby created in the State Treasury a revolving fund for the Department of Human Services to be designated the "Adaptive Grant Program for Oklahomans with Intellectual Disabilities Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds deposited therein pursuant to the provisions of paragraph 2 of subsection A of this section. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department of Human Services for the administration of the Adaptive Grant Program for Oklahomans with Intellectual Disabilities. C. The Director of the Department of Human Services is hereby directed to promulgate rules to create the Adaptive Grant Program for Oklahomans with Intellectual Disabilities Program to provide financial assistance in adaptation of furnishings, fixtures, vehicles, equipment or structures in order to meet any special needs of Oklahomans with intellectual disabilities; provided, recipients of grants awarded pursuant to the program shall be limited to those programs, projects or persons not otherwise qualifying for state or federal funding. The Department of Human Services is authorized to contract with a statewide private, nonprofit foundation certified to be a 501(c)(3) organization by the Internal Revenue Service for administration of the program. D. The Director of Human Services shall prepare an annual report on the Program. Such report shall be submitted to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives. |SECTION 112. AMENDATORY 47 O.S. 2021, Section 1104.2, is amended to read as follows: Section 1104.2 A. Twenty-four Dollars ($24.00) of the fee authorized by Section 14 1135.5 of this act title for environmental awareness license plates which are received each year by the Oklahoma Tax Commission Service Oklahoma or its motor license agents licensed operators and transferred to the Oklahoma Tax Commission shall be deposited to the Environmental Education Revolving Fund created by this section. B. There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the "Environmental Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds deposited therein pursuant to the provisions of subsection A of this section. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Environmental Quality for environmental education programs. |SECTION 113. AMENDATORY 47 O.S. 2021, Section 1105, is amended to read as follows: Section 1105. A. As used in the Oklahoma Vehicle License and Registration Act: 1. "Salvage vehicle" means any vehicle which is within the last ten (10) model years and which has been damaged by collision or other occurrence to the extent that the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of its fair market value, as defined by Section 1111 of this title, immediately prior to the damage. For purposes of this section, actual repair costs shall only include labor and parts for actual damage to the suspension, motor, transmission, frame or unibody and designated structural components; 2. "Rebuilt vehicle" means any salvage vehicle which has been rebuilt and inspected for the purpose of registration and title; 3. "Flood-damaged vehicle" means a salvage or rebuilt vehicle which was damaged by flooding or a vehicle which was submerged at a level to or above the dashboard of the vehicle and on which an amount of loss was paid by the insurer; 4. "Unrecovered-theft vehicle" means a vehicle which has been stolen and not yet recovered; 5. "Recovered-theft vehicle" means a vehicle, including a salvage or rebuilt vehicle, which was recovered from a theft; and 6. "Junked vehicle" means any vehicle which is incapable of operation or use on the highway, has no resale value except as a source of parts or scrap and has an eighty percent (80%) loss in fair market value. B. The owner of every vehicle in this state shall possess a certificate of title as proof of ownership of such vehicle, except those vehicles registered pursuant to Section 1120 of this title and trailers registered pursuant to Section 1133 of this title, previously titled by anyone in another state and engaged in interstate commerce, and except as provided in subsection M of this section. Except for owners that possess an agricultural exemption permit pursuant to Section 1358.1 of Title 68 of the Oklahoma Statutes, the owner of an all-terrain vehicle or a motorcycle used exclusively off roads or highways in this state which is purchased or the ownership of which is transferred on or after July 1, 2005, and the owner of a utility vehicle used exclusively off roads and highways in this state which is purchased or the ownership of which is transferred on or after July 1, 2008, shall possess a certificate of title as proof of ownership. Any person possessing an agricultural exemption permit and owning an all-terrain vehicle or a motorcycle used exclusively off roads or highways in this state which is purchased or the ownership of which is transferred on or after July 1, 2008, shall possess a certificate of title as proof of ownership. Upon receipt of proper application information by such owner, the Oklahoma Tax Commission Service Oklahoma shall issue an original or transfer certificate of title. Until July 1, 2008, any security interest in an all-terrain vehicle that attached and was perfected before July 1, 2005, and that has not otherwise terminated shall remain perfected, and shall take priority over any subsequently perfected security interest in the same all-terrain vehicle, notwithstanding that a certificate of title may have been issued with respect to the same all-terrain vehicle on or after July 1, 2005, and that a lien may have been recorded on said certificate of title. There shall be eight types of certificates of title: 1. Original title for any motor vehicle which is not a remanufactured, salvage, unrecovered-theft, rebuilt, rebodied or junked vehicle; 2. Salvage title for any motor vehicle which is a salvage vehicle or is specified as a salvage vehicle or the equivalent thereof on a certificate of title from another state; 3. Rebuilt title for any motor vehicle which is a rebuilt vehicle; 4. Junked title for any motor vehicle which is a junked vehicle or is specified as a junked vehicle or the equivalent thereof on a certificate of title from another state; 5. Classic title for any motor vehicle, except a junked vehicle, which is twenty-five (25) model years or older; 6. Remanufactured title for any vehicle which is a remanufactured vehicle; 7. Unrecovered-theft title for any motor vehicle which has been stolen and not recovered; and 8. Rebodied title for any motor vehicle which is a rebodied vehicle. Application for a certificate of title, whether the initial certificate of title or a duplicate, may be made to the Tax Commission Service Oklahoma or any motor license agent licensed operator . When application is made with a motor license agent licensed operator , the application information shall be transmitted either electronically or by mail to the Tax Commission Service Oklahoma by the motor license agent licensed operator . If the application information is transmitted electronically, the motor license agent licensed operator shall forward the required application along with evidence of ownership, where required, by mail. Where the transmission of application information cannot be performed electronically, the Tax Commission Service Oklahoma is authorized to provide postage paid envelopes to motor license agents licensed operators for the purpose of mailing the application along with evidence of ownership, where required. The Tax Commission Service Oklahoma shall upon receipt of proper application information issue an Oklahoma certificate of title. The certificates may be mailed to the applicant. Upon issuance of a certificate of title, the Tax Commission Service Oklahoma shall provide the appropriate motor license agent licensed operator with confirmation of such issuance. C. 1. The application for certificate of title shall be upon a blank form furnished by the Tax Commission Service Oklahoma , containing: a. a full description of the vehicle, b. the manufacturer's serial or other identification number, c. the motor number and the date on which first sold by the manufacturer or dealer to the owner, d. any distinguishing marks, e. a statement of the applicant's source of title, f. any security interest upon the vehicle, and g. such other information as the Tax Commission Service Oklahoma may require. 2. The application for a certificate of title for a vehicle which is within the last seven (7) model years shall require a declaration as to whether the vehicle has been damaged by collision or other occurrence and whether the vehicle has been recovered from theft and the extent of the damage to the vehicle. The declaration shall be made by the owner of a vehicle if: a. the vehicle has been damaged or stolen, b. the owner did or did not receive any payment for the loss from an insurer, or c. the vehicle is titled or registered in a state that does not classify the vehicle or brand the title because of damage to or loss of the vehicle similar to the classifications or brands utilized by this state. The declaration shall be based upon the best information and knowledge of the owner and shall be in addition to the requirements specified in paragraph 1 of this subsection. The Tax Commission Service Oklahoma shall not issue a certificate of title for a vehicle which is subject to the provisions of this paragraph without the required declaration, completed and signed by the owner of the vehicle. Upon receipt of an application without the properly completed declaration, the Tax Commission Service Oklahoma shall return the application to the applicant with notice that the title may not be issued without the required declaration. Nothing in this paragraph shall prohibit the Tax Commission Service Oklahoma from recognizing the type of or brand on a title or other ownership document issued by another state or the inspection conducted in another state and issuing the appropriate certificate of title for the vehicle. 3. The certificate of title shall have the following security features: a. intaglio printing or security thread, with or without watermark, b. latent images, c. fluorescent inks, d. micro print, e. void background, and f. color coding. 4. Each title issued pursuant to the provisions of the Oklahoma Vehicle License and Registration Act shall be color coded as determined by the Tax Commission Service Oklahoma . 5. The certificate of title shall be of such size and design and color as the Tax Commission Service Oklahoma may direct pursuant to the provisions of this section. The title shall be on colored paper or other material as designated by the Tax Commission Service Oklahoma and be of such intensity or hue as will allow easy identification as to whether the title is an original title, a salvage title, a rebuilt title, remanufactured title, rebodied title or a junked title. The type of title shall be identified on the front of the certificate of title. The original title, rebuilt title, remanufactured title, an unrecovered-theft title, rebodied title or classic title shall be identified by the word "Original", "Rebuilt", "Remanufactured", "Unrecovered Theft", "Rebodied" or "Classic" printed in the upper right quadrant of the certificate of title, in the space which is currently captioned "type of title". A rebodied title shall also identify on the front of the title the year, make and model of the originally manufactured vehicle which has been rebodied and display a notation that reads as follows: "This vehicle has been assembled with new major components licensed by the original manufacturer". D. 1. To obtain an original certificate of title for a vehicle that is being registered for the first time in this state which has not been previously registered in any other state, the applicant shall be required to deliver, as evidence of ownership, a manufacturer's certificate of origin properly assigned by the manufacturer, distributor, or dealer licensed in this or any other state shown thereon to be the last transferee to the applicant upon a form to be prescribed and approved by the Tax Commission Service Oklahoma . A manufacturer's certificate of origin shall contain: a. the manufacturer's serial or other identification number, b. date on which first sold by the manufacturer to the dealer, c. any distinguishing marks including model and the year same was made, d. a statement of any security interests upon the vehicle, and e. such other information as the Tax Commission Service Oklahoma may require. 2. The manufacturer's certificate of origin shall have the following security features: a. intaglio printing or security thread, with or without watermark, b. latent images, c. fluorescent inks, d. micro print, and e. void background. E. In the absence of a dealer's or manufacturer's number, the Tax Commission Service Oklahoma may assign such identifying number to the vehicle, which shall be permanently stamped, burned or pressed or attached into the vehicle, and a certificate of title shall be delivered to the applicant upon payment of all fees and taxes, and the remaining copies shall be permanently filed and indexed by the Tax Commission Service Oklahoma . The Tax Commission Service Oklahoma shall assign an identifying number to any rebuilt vehicle if the vehicle identification number displayed on the rebuilt vehicle does not accurately describe the vehicle as rebuilt. The motor license agent licensed operator , at the time of inspection of the rebuilt vehicle pursuant to Section 1111 of this title, shall identify the make, model, and year for the body to accurately describe the rebuilt vehicle. At the time of the inspection, an appropriate identifying number shall be permanently stamped, burned, pressed, or attached on the rebuilt vehicle. The assigned identifying number shall be recorded on the certificate of title for the rebuilt vehicle. The dealer's or manufacturer's vehicle identification number on the rebuilt vehicle shall be preserved in the computer files of the Tax Commission Service Oklahoma for at least five (5) years. F. When registering for the first time in this state a vehicle which was not originally manufactured for sale in the United States, to obtain a certificate of title, the Tax Commission Service Oklahoma shall require the applicant to deliver: 1. As evidence of ownership, if the vehicle has not previously been titled in the United States, the documents constituting valid proof of ownership in the country in which the vehicle was originally purchased, together with a notarized translation of any such documents; and 2. As evidence of compliance with federal law, copies of the bond release letters for the vehicle issued by the United States Environmental Protection Agency and the United States Department of Transportation, together with a receipt issued by the Internal Revenue Service indicating that the applicable federal gas guzzler tax has been paid. The Tax Commission Service Oklahoma shall not issue a certificate of title for a vehicle which is subject to the provisions of this paragraph without the required documentation from agencies of the United States and evidence of ownership. Upon receipt of an application without the required documentation, the Tax Commission Service Oklahoma shall return the application to the applicant with notice that the certificate of title may not be issued without the required documentation. Nothing in this paragraph shall prohibit the Tax Commission Service Oklahoma from issuing certificates of title for antique or classic vehicles not driven upon the public streets, roads, or highways, for mini-trucks registered pursuant to Section 1151.3 of this title, or for medium- speed electric vehicles. G. When registering in this state a vehicle which was titled in another state and which title contains the name of a secured party on the face of the other state certificate of title, or such state certificate is being held by the secured party in that state or any other state, the Tax Commission Service Oklahoma or the motor license agent licensed operator shall complete a lien entry form as prescribed by the Tax Commission Service Oklahoma . The owner of such vehicle shall file an affidavit with the Tax Commission Service Oklahoma or the motor license agent licensed operator stating that title to the vehicle is being held by a secured party, has not been issued pursuant to the laws of the state where titled, and that there is an existing lien or encumbrance on the vehicle. The current name and address of the secured party or lienholder shall also be stated in the affidavit. The form of the affidavit shall be prescribed by the Tax Commission Service Oklahoma and contain any other information deemed necessary by the Tax Commission Service Oklahoma . A statement of the lien or encumbrance shall be included on the Oklahoma certificate of title and the lien or encumbrance shall be deemed continuously perfected as though it had been perfected pursuant to Section 1110 of this title. For completing the lien entry form and recording the security interest on the certificate of title, the Tax Commission Service Oklahoma or the motor license agent licensed operator shall collect a fee of Three Dollars ($3.00) which shall be in addition to other fees provided by the Oklahoma Vehicle License and Registration Act. The fee, if collected by the motor license agent licensed operator pursuant to this subsection, shall be retained by the motor license agent licensed operator . H. The charge for each certificate of title issued, except for junked titles as defined in paragraph 4 of subsection B of this section, shall be Eleven Dollars ($11.00), which charge shall be in addition to any other fees or taxes imposed by law for such vehicle. One Dollar ($1.00) of each such charge shall be deposited in the Oklahoma Tax Commission Reimbursement Fund through December 31, 2022, and beginning January 1, 2023, it shall be deposited in the Service Oklahoma Reimbursement Fund . However, the charge shall not apply to any vehicle which is to be registered in this state pursuant to the provisions of Section 1120 or 1133 of this title and which was registered in another state at least sixty (60) days prior to the time it is required to be registered in this state. When an insurer requests a salvage or junk title in the name of the insurer resulting from the settlement of a total loss claim and upon presentation of appropriate proof of loss documentation as required by the Commission Service Oklahoma , such transfer may be processed as one title transaction, without first requiring issuance of a replacement certificate of title in the name of the vehicle owner. The fee shall be Twenty-two Dollars ($22.00). Two Dollars ($2.00) of this fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund. I. The vehicle identification number of a junked vehicle shall be preserved in the computer files of the Tax Commission Service Oklahoma for a period of not less than five (5) years. The charge of junked titles as defined in paragraph 4 of subsection B of this section shall be Four Dollars ($4.00). The fee remitted to the Tax Commission 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 . J. If a vehicle is sold to a resident of another state destroyed, dismantled, or ceases to be used as a vehicle, the owner shall immediately notify the Tax Commission Service Oklahoma . Absent evidence to the contrary, failure to notify the Tax Commission Service Oklahoma shall be prima facie evidence that the vehicle has been in continuous operation in this state. K. If a vehicle is stolen, the owner shall immediately notify the appropriate law enforcement agency. Immediately after receiving such notification, the law enforcement agency shall notify the Tax Commission Service Oklahoma . L. Except for all-terrain vehicles, utility vehicles and motorcycles used exclusively for off-road use, no title for an out- of-state vehicle, except any commercial truck or truck-tractor registered pursuant to Section 1120 of this title which is engaged in interstate commerce or any trailer or semitrailer registered pursuant to Section 1133 of this title which is engaged in interstate commerce, shall be issued without an inspection of such vehicle and payment of a fee of Four Dollars ($4.00) for such inspection; provided, the Tax Commission Service Oklahoma may enter into reciprocal agreements with other states for such inspections to be performed at locations outside the boundaries of this state for vehicles which: 1. Are offered for sale at auction; 2. Have been solely used as vehicles for rent under the ownership of a licensed motor vehicle dealer or a person engaged in the business of renting motor vehicles; or 3. Have not been registered in this or any other state for more than one (1) year. The inspection shall include a comparison of the vehicle identification number on the vehicle with the number recorded on the ownership records and the recording of the actual odometer reading on the vehicle. The four-dollar fee shall be collected by the motor license agent licensed operator or Tax Commission Service Oklahoma when the title is issued. The motor license agent licensed operator shall retain Two Dollars ($2.00). The remaining Two Dollars ($2.00) 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 . The Tax Commission Service Oklahoma may allow the inspection to be performed at a location out-of-state by another state's department of motor vehicles or state police. M. No title for any out-of-state vehicle offered for sale at salvage pools, salvage disposal sales, or an auction, or by a dealer or a licensed automotive dismantler and parts recycler, shall be issued without an inspection to compare the vehicle identification number on the vehicle with the number recorded on the ownership record and to record the actual odometer reading on the vehicle. Upon request of the seller, person or entity conducting an auction, dealer or licensed dismantler, the inspection shall be conducted at the location or place of business of the sale, auction, dealer, or the dismantler. The inspection shall be conducted by any motor license agent licensed operator or a duly authorized employee thereof; provided, if the vehicle identification number on the vehicle offered for sale at salvage pools, salvage disposal sales or a classic or antique auction does not match the number recorded on the ownership record, the inspection may be conducted at the location of or place of business of such sale or auction by any state, county or city law enforcement officer. The Tax Commission Service Oklahoma may enter into reciprocal agreements with other states for such inspections to be performed at locations outside the boundaries of this state for vehicles which: 1. Are offered for sale at auction; 2. Have been solely used as vehicles for rent under the ownership of a licensed motor vehicle dealer or a person engaged in the business of renting motor vehicles; or 3. Have not been registered in this or any other state for more than one (1) year. The inspection shall be certified upon forms prescribed by the Tax Commission Service Oklahoma . The name and other identification of the authorized person conducting the inspection shall be legibly printed or typed on the form. Prior to any inspection by any employee of a motor license agent licensed operator , the motor license agent licensed operator shall notify the Tax Commission Service Oklahoma of the name and any other identification information requested by the Tax Commission Service Oklahoma of the authorized person. A signature specimen of the authorized person shall be submitted to the Tax Commission Service Oklahoma by the employing motor license agent licensed operator . If the authorization to inspect vehicles is withdrawn or the employer- employee relationship is terminated, the motor license agent licensed operator , immediately, shall notify the Tax Commission Service Oklahoma and return any remaining inspection forms to the Tax Commission Service Oklahoma . The fee for the inspection shall be Four Dollars ($4.00). The motor license agent licensed operator shall retain Three Dollars ($3.00) of the fee. Fees received by a motor license agent licensed operator or an authorized employee thereof shall be handled and accounted for in the manner as prescribed by law for any other fees paid to or received by a motor license agent licensed operator . Out-of-state vehicles brought into this state by a person licensed in another state to sell new or used vehicles to be sold within this state at a motor vehicle auction which is limited to dealer-to-dealer transactions shall not be required to be inspected, unless the vehicle is purchased by an Oklahoma dealer. Any person licensed in another state to sell new or used motor vehicles, who offers a motor vehicle for sale within this state at a motor vehicle auction which is limited to dealer-to- dealer transactions, shall not be within the definition of "owner" in Section 1102 of this title, for purposes of Section 1101 et seq. of this title. N. A licensed motor vehicle dealer, upon payment of a fee of Fifteen Dollars ($15.00), may reassign an out-of-state certificate of title to a used motor vehicle provided such dealer obtains the appropriate inspection form required by either subsection L or M of this section and attaches the form to the out-of-state certificate of title. Motor license agents Licensed operators shall be allowed to retain Two Dollars and twenty-five cents ($2.25) of the fee plus an additional Two Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections L and M of this section for performance of the inspection. Two Dollars ($2.00) of the fee shall be deposited in the Tax Commission Service Oklahoma Reimbursement Fund. An out- of-state vehicle which has been rebuilt shall be inspected pursuant to the provisions of Section 1111 of this title. The Tax Commission Service Oklahoma shall train motor license agents licensed operators in interpreting vehicle identification numbers to assure that it accurately describes the vehicle and to detect rollback or alteration of the odometer. Failure of a motor license agent licensed operator to inspect the vehicle and make the required notations shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) for the first offense and Five Thousand Dollars ($5,000.00) for the second offense or subsequent offense, or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. O. The ownership of any unrecovered vehicle which has been declared a total loss by an insurer because of theft shall be transferred to the insurer by an unrecovered-theft vehicle title; provided, the ownership of any such vehicle which has been declared a total loss by an insurer licensed by the Insurance Department of the State of Oklahoma and maintaining a multi-state motor vehicle salvage processing center in this state shall be transferred to the insurer by a salvage or an unrecovered-theft title without the requirement of a visual inspection of the vehicle identification number by the insurer. Upon recovery of the vehicle, the ownership shall be transferred by an original title, salvage title, or junked title, as may be appropriate based upon an estimate of the amount of loss submitted by the insurer. P. When an insurance company makes a total loss settlement on a total loss vehicle and the insurance company or a salvage pool authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the Oklahoma Tax Commission Service Oklahoma within thirty (30) days following acceptance by the owner of an offer of an amount in settlement of a total loss, that insurance company or salvage pool, on a form provided by the Oklahoma Tax Commission Service Oklahoma and signed under penalty of perjury, may request the Oklahoma Tax Commission Service Oklahoma to issue the applicable salvage title for the vehicle. The request shall include information declaring that the requester has made at least two written attempts to obtain the certificate of ownership or other acceptable evidence of title. Q. The owner of any vehicle which is incapable of operation or use on the public roads and has no resale value, except as parts, scrap or junk, may deliver the certificate of title to the vehicle to the Tax Commission Service Oklahoma for cancellation. Upon verification that any perfected lien against the vehicle has been released, the certificate of title shall be canceled without any fee, charge, or cost required from the owner. The vehicle identification numbers on the certificates of title shall be preserved in the computer files of the Tax Commission Service Oklahoma for at least five (5) years from the date of cancellation of the certificate of title. The Tax Commission Service Oklahoma shall prescribe and provide an affidavit form to be completed by the owner of any vehicle for which the certificate of title is canceled. No title or registration shall subsequently be issued for a vehicle for which the certificate of title has been surrendered pursuant to this subsection. The Tax Commission Service Oklahoma shall prescribe a form for the transfer of ownership of a vehicle for which the certificate of title has been canceled. R. The owner of a vehicle which is not within the last ten (10) model years, not roadworthy and not capable of repair for operation or use on the roads and highways, or a vehicle which is being sold to a scrap metal dealer pursuant to Section 11-92 of Title 2 of the Oklahoma Statutes, shall transfer the vehicle only upon a certificate of ownership prescribed by the Tax Commission Service Oklahoma , if the certificate of title to the vehicle is lost, has been canceled, or otherwise not available. The prescribed ownership form shall include the names and addresses of the buyer and seller, the driver license number or social security number of the seller, the make and model of the vehicle, and the public vehicle identification number. If there is no public vehicle identification number, the vehicle shall be inspected by a law enforcement officer to verify the absence of the number on the vehicle and the prescribed ownership form shall include a signed statement, by such officer, verifying the absence of the number. The certificate of ownership shall be completed in triplicate. The buyer and seller shall each retain a copy. Within thirty (30) days of the transaction, the seller shall submit one copy to the Tax Commission Service Oklahoma or a motor license agent licensed operator accompanied with a fee of Four Dollars ($4.00). One Dollar ($1.00) shall be retained by the motor license agent licensed operator and Three Dollars ($3.00) shall be deposited in the Oklahoma Tax Commission Reimbursement Fund in the State Treasury through December 31, 2022, and beginning January 1, 2023, this fee shall be deposited in the Service Oklahoma Reimbursement Fund . Upon receipt of the certificate, the Tax Commission Service Oklahoma shall verify that any perfected lien upon the vehicle has been released. If the lien is not released, the Tax Commission Service Oklahoma shall mail notice of the transfer to the lienholder at the lienholder's last-known address. If a certificate of title has been issued, it shall be canceled and the vehicle identification number shall be preserved in the computer of the Tax Commission Service Oklahoma for at least five (5) years. The buyer of the vehicle may not be sued and shall not be liable for monetary damages to the lienholder , ; however, the vehicle shall be subject to a valid repossession by a lienholder. S. The Tax Commission Service Oklahoma shall notify the chief administrative officer of the agency or department responsible for issuing motor vehicle certificates of title in each state in the United States of the types of motor vehicle certificate of title effective in Oklahoma on and after January 1, 1989. T. When registering for the first time in this state a remanufactured vehicle which has not been registered in any other state since its remanufacture, before issuing a certificate of title, the Tax Commission Service Oklahoma shall require the applicant to deliver a statement of origin from the remanufacturer. U. If a vehicle is sold to a foreign buyer pursuant to the provisions of the Automotive Dismantlers and Parts Recycler Act, the licensed seller shall stamp the title with: "EXPORT ONLY. NONTRANSFERABLE IN THE UNITED STATES." The licensed seller shall supply the Tax Commission Service Oklahoma the title number, the vehicle identification number and the foreign buyer's bid identification number on a form prescribed by the Tax Commission Service Oklahoma . The Tax Commission Service Oklahoma shall cancel the title, and the vehicle identification number shall be preserved in the computer files of the Tax Commission Service Oklahoma for a period of not less than five (5) years. V. The Tax Commission Service Oklahoma shall not be considered a necessary party to any lawsuit which is instigated for the purpose of determining ownership of a vehicle, wherein the Tax Commission's Service Oklahoma's only involvement would be to issue title, and the court shall issue an order dismissing the Tax Commission Service Oklahoma from the pending action. In the event no other party or lienholder can be identified as to ownership or claim, the Tax Commission Service Oklahoma shall accept an affidavit of ownership from the party claiming ownership and issue proper title thereon. |SECTION 114. AMENDATORY 47 O.S. 2021, Section 1105.2, is amended to read as follows: Section 1105.2 A. The first-stage manufacturer of a vehicle shall assign a vehicle identification number (VIN) to each completed or incomplete vehicle it manufactures. B. The VIN identifying the completed vehicle after multi-stage manufacture shall be the first-stage manufacturer's VIN, and shall be the only VIN which is recorded or data-entered in the files of the Oklahoma Tax Commission Service Oklahoma . C. Transfer of ownership of a completed vehicle shall be made on the final-stage manufacturer's certificate of origin prescribed by the Commission Service Oklahoma pursuant to this act Section 1101 et seq. of this title . All manufacturer's certificates of origin for a multi-stage vehicle shall accompany the application for title and the title document shall reflect the first-stage manufacturer's VIN and the final-stage manufacturer's make, name and model year. D. Transfer of ownership of a multi-stage vehicle by first- stage manufacturer, multi-stage manufacturers, and final-stage manufacturers shall be made as provided in this subsection. 1. At the time that any first-stage manufacturer transfers to a multi-stage manufacturer an incomplete vehicle that is to be sold, or registered for the first time in this state, the first-stage manufacturer shall give the multi-stage manufacturer a manufacturer's certificate of origin for the incomplete vehicle assigned to the multi-stage manufacturer by the first-stage manufacturer. Ownership of the incomplete vehicle shall be transferred to the multi-stage manufacturer on the manufacturer's certificate of origin issued by the first-stage manufacturer; and 2. At the time that any final-stage manufacturer transfers to a dealer, distributor, or other purchaser a completed vehicle that is to be sold, or registered for the first time in this state, the final-stage manufacturer shall give the dealer, distributor, or other purchaser all manufacturer's certificates of origin. Ownership of the completed vehicle shall be transferred from the final-stage manufacturer to its dealers or distributors or any other purchaser on the manufacturer's certificate of origin issued by the final-stage manufacturer. Subsequent transfers between a dealer and a retail purchaser shall occur on the manufacturer's certificate of origin issued by the final-stage manufacturer. E. To obtain an original certificate of title for a multi-stage vehicle that is being registered for the first time in this state a vehicle that has not been previously registered in any other state, the applicant shall be required to deliver, as evidence of ownership, all manufacturer's certificates of origin and shall otherwise comply with the provisions of Section 1105 of Title 47 of the Oklahoma Statutes. |SECTION 115. AMENDATORY 47 O.S. 2021, Section 1105.5, is amended to read as follows: Section 1105.5 The Oklahoma Tax Commission and Service Oklahoma shall be authorized to require employees of the Commission and Service Oklahoma in positions that have access to sensitive law enforcement data to supply all information and documentation required in order to be subjected to a criminal history search by the Oklahoma State Bureau of Investigation, as well as be fingerprinted for submission of the fingerprints through the Oklahoma State Bureau of Investigation to the Federal Bureau of Investigation for a national criminal history check. The Commission and Service Oklahoma shall be the recipient of the results of the record check. No employee of the Commission or Service Oklahoma shall be eligible to enroll in the Oklahoma Law Enforcement Telecommunications System training course until the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation have reported to the Commission or Service Oklahoma that the person has no felony record and the Commission or Service Oklahoma has reported to the Department of Public Safety that the applicant does not have a felony record and is not participating in a deferred sentence or deferred prosecution agreement for a felony. In accordance with Section 150.9 of Title 74 of the Oklahoma Statutes, this includes a national criminal history record with a fingerprint analysis. The Commission and Service Oklahoma shall request searches of the online and off-line files of the National Crime Information Center (NCIC), or any successor federal agency which supplies such information, to identify vehicles which have been reported stolen. Such searches will be requested only by Commission and Service Oklahoma employees who have satisfied the background check provisions of this section. The Commission is and Service Oklahoma are authorized to promulgate rules necessary to implement the provisions of this section. |SECTION 116. AMENDATORY 47 O.S. 2021, Section 1106, is amended to read as follows: Section 1106. A. 1. If the Oklahoma Tax Commission Service Oklahoma shall determine at any time that an applicant for a certificate of title of a vehicle is not entitled thereto, it may refuse to issue such certificate or to register such vehicle. 2. The Oklahoma Tax Commission Service Oklahoma may for a similar reason, after ten (10) days' notice and a hearing, revoke the registration and the certificate of title already acquired on any outstanding certificate of title. Said notice may be served in person or by registered mail. B. 1. The Oklahoma Tax Commission Service Oklahoma may refuse registration and issuance of a certificate of title of a commercial motor vehicle, or any transfer of title and registration of a commercial motor vehicle, to a commercial motor carrier whose ability to operate has been terminated or denied by a federal agency. 2. The Oklahoma Tax Commission Service Oklahoma may revoke the registration, certificate of title, and license plate of a commercial motor vehicle if the vehicle has been assigned to be operated by a commercial motor carrier whose ability to operate has been terminated or denied by a federal agency. C. The Corporation Commission may revoke, suspend or deny registration of and/or issuance of license plates for a commercial motor vehicle licensed pursuant to the jurisdiction of the Corporation Commission and whose ability to operate has been terminated or denied by a state or federal agency. |SECTION 117. AMENDATORY 47 O.S. 2021, Section 1107, is amended to read as follows: Section 1107. A. In the event of the sale or transfer of the ownership of a vehicle for which a certificate of title has been issued as provided by Section 1105 of this title, the holder of such certificate shall endorse on the back of same a complete assignment thereof with warranty of title in form printed thereon with a statement of all liens or encumbrances on the vehicle, sworn to before a notary public or some other person authorized by law to take acknowledgments, and deliver same to the purchaser or transferee at the time of delivery to the purchaser or transferee of the vehicle; provided, a transfer of the ownership of a vehicle to an insurer resulting from the settlement of a total loss claim shall not require a notarized signature on the certificate of title. The purchaser or transferee, unless such person is a bona fide used motor vehicle dealer licensed by this state, a retail implement dealer in connection with the purchase or transfer of off-road vehicles or a charitable organization shall, within thirty (30) days from the time of delivery to the purchaser or transferee of the vehicle, present the assigned certificate of title and the insurance security verification to the vehicle to the Oklahoma Tax Commission Service Oklahoma , or one of its motor license agents licensed operators , accompanied by a fee of Eleven Dollars ($11.00), together with any motor vehicle excise tax or license fee that may be due, whereupon a new certificate of title, shall be issued to the assignee. One Dollar ($1.00) of each 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 . Any charitable organization utilizing the exemption authorized by this subsection shall receive training as prescribed by the Oklahoma Used Motor Vehicle and Parts Commission. B. A licensed dealer, a retail implement dealer in connection with the sale or disposal of off-road vehicles or a charitable organization shall, on selling or otherwise disposing of a vehicle, execute and deliver to the purchaser thereof the certificate of title properly and completely reassigned. Thereupon, the purchaser of the vehicle shall present the reassigned certificate to the Commission Service Oklahoma , or a motor license agent licensed operator , accompanied by a fee of Eleven Dollars ($11.00), and any motor vehicle excise tax or license fee that may be due, whereupon a new certificate of title will be issued to the purchaser. One Dollar ($1.00) of each 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 . The certificate, when so assigned and returned to the Commission, together with any subsequent assignment or reissue thereof, shall be appropriately filed and indexed so that at all times it will be possible to trace title to the vehicle designated therein. Provided, when the ownership of any motor vehicle shall pass by operation of law, the person owning the vehicle may, upon furnishing satisfactory proof to the Commission of ownership, procure a title to the motor vehicle, regardless of whether a certificate of title has ever been issued. The dealer shall execute and deliver to the purchaser bills of sale on forms prescribed by the Commission for all new vehicles sold by the dealer. On presentation of a bill of sale executed on forms prescribed by the Commission, by a manufacturer or dealer for a new vehicle sold in this state, accompanied by remittance in the sum of Eleven Dollars ($11.00), together with any motor vehicle excise tax or license fee that may be due, a certificate of title shall be issued in accordance with the provisions of the Oklahoma Vehicle License and Registration Act. One Dollar ($1.00) of each 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 . For purposes of this subsection, "charitable organization" shall mean any 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 is registered as a charitable organization with the Oklahoma Secretary of State and the Oklahoma Attorney General's office; "off-road vehicles" means all-terrain vehicles, utility vehicles, and motorcycles used exclusively for off-road use; "retail implement dealer" means a business engaged primarily in the sale of farm tractors as defined in Section 1-118 of this title or implements of husbandry as defined in Section 1-125 of this title or a combination thereof. C. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon the first conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), with impoundment of the vehicle until all taxes and fees are paid. A second or subsequent conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), with impoundment of the vehicle until all taxes and fees are paid. If a vehicle is impounded pursuant to the provisions of this section, the vehicle shall not be released to the owner until the owner provides proof of security or an affidavit that the vehicle will not be used on public highways or public streets, as required pursuant to Section 7-600 et seq. of this title. Each vehicle involved in a violation of this section shall be considered a separate offense. |SECTION 118. AMENDATORY 47 O.S. 2021, Section 1107.1, is amended to read as follows: Section 1107.1 A. In addition to requirements of Section 1107 of this title, the transferor of any vehicle shall verify the mileage at the time of transfer of such vehicle and the mileage so stated shall be shown on the face of the certificate of title to be issued to the transferee. The transferor shall disclose the mileage to the transferee in writing on the title or separate document attached to the title in a form to be determined by the Commission Service Oklahoma . B. In the disclosure required under this section, the transferor shall also certify that to the best of his knowledge: 1. the The odometer reading reflects the actual mileage; or 2. the The odometer reading does not reflect actual mileage; or 3. the The mileage is in excess of the mechanical limits of the odometer. C. The transferor and transferee shall sign the disclosure statement and print their name. |SECTION 119. AMENDATORY 47 O.S. 2021, Section 1107.3, is amended to read as follows: Section 1107.3 The Commission Service Oklahoma or motor license agent a licensed operator shall use the following terms to stamp the certificate of title in accordance with the odometer disclosure statement: 1. ACTUAL; 2. NOT ACTUAL; 3. EXCEEDS MECHANICAL LIMITS; OR 4. ODOMETER DISCREPANCY. The stamp "ODOMETER DISCREPANCY" shall be used if the mileage verified in any disclosure statement is an amount less than the mileage depicted on the title to be transferred. |SECTION 120. AMENDATORY 47 O.S. 2021, Section 1107.4, is amended to read as follows: Section 1107.4 A. Upon the transfer of a vehicle, the transferor may file a written notice of transfer with the Tax Commission Service Oklahoma or a motor license agent licensed operator . On receipt of a written notice of transfer, the Commission Service Oklahoma shall indicate the transfer on the vehicle records maintained by the Commission Service Oklahoma . The written notice of transfer shall contain the following information: 1. The vehicle identification number of the vehicle; 2. The number of the license plate issued to the vehicle, if any; 3. The full name and address of the transferor; 4. The full name and address of the transferee; 5. The date the transferor delivered possession of the vehicle to the transferee; and 6. The signature of the transferor. B. There shall be assessed a fee of Ten Dollars ($10.00) when filing the notice of transfer. Seven Dollars ($7.00) of the fee shall be retained by the motor license agent licensed operator . Three Dollars ($3.00) of the fee shall be apportioned to the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund. C. After the date of the transfer of the vehicle as shown on the records of the Commission Service Oklahoma , the transferee of the vehicle shown on the records is rebuttably presumed to be: 1. The owner of the vehicle; and 2. Subject to civil and criminal liability arising out of the use, operation, or abandonment of a vehicle, to the extent that ownership of the vehicle subjects the owner of the vehicle to civil or criminal liability pursuant to law. D. This section does not impose or establish any civil or criminal liability on the owner of a vehicle who transfers ownership of the vehicle but does not file a written notice of transfer with the Commission Service Oklahoma . |SECTION 121. AMENDATORY 47 O.S. 2021, Section 1107.5, is amended to read as follows: Section 1107.5 A. The title of a motor vehicle that is not subject to any lien or other encumbrance may be transferred in transfer-on-death form by filing with the Tax Commission Service Oklahoma a written notice of transfer signed by the transferor and designating the transferee. Such notice shall transfer ownership of the vehicle to the transferee upon the death of the transferor. The notice shall include: 1. The vehicle identification number of the vehicle; 2. The number of the license plate issued to the vehicle, if any; 3. The full name and address of the transferor; 4. The full name and address of the transferee; and 5. The signature of the transferor. The signature or consent of or notice to the transferee shall not be required for any purpose during the lifetime of the transferor. B. A designation of the transferee may be revoked or changed at any time prior to the death of the transferor by filing an amended notice with the Tax Commission Service Oklahoma . C. To accept a certificate of title of a motor vehicle pursuant to notice filed under subsection A of this act section , the designated transferee shall execute an affidavit verifying the death of the transferor owner and submit it to the Tax Commission Service Oklahoma . After the date of the transfer of the vehicle as evidenced by the submitted affidavit and the records of the Commission Service Oklahoma , the Commission Service Oklahoma shall issue a title reflecting the transfer of ownership. |SECTION 122. AMENDATORY 47 O.S. 2021, Section 1108, is amended to read as follows: Section 1108. With the exception of an insurer applying for a salvage or junk certificate of title resulting from the settlement of a total loss claim, as provided in subsection H of Section 1105 of this title, in case of a lost certificate of title, the loss of which is accounted for to the satisfaction of the Commission Service Oklahoma or one of its motor license agents licensed operators , the Commission Service Oklahoma or one of its motor license agents licensed operators may issue duplicates. There shall be a replacement fee of Eleven Dollars ($11.00) for such duplicate title. One Dollar ($1.00) of each such fee shall be deposited in the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund. |SECTION 123. AMENDATORY 47 O.S. 2021, Section 1109, is amended to read as follows: Section 1109. A. All information contained in certificates of title, applications therefor, vehicle registration records and computer data files is hereby declared to be confidential information and shall not be copied by anyone or disclosed to anyone other than employees of the Oklahoma Tax Commission Service Oklahoma or the Corporation Commission in the regular course of their employment, except as provided in subsection B of this section. As used in this section, "personal information" means information that identifies an individual including name, address (excluding the five-digit ZIP code) and telephone number, but does not include information on vehicular accidents, driving violations and driver's status. B. Personal information referred to in subsection A of this section shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purpose of Titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C., Section 1231 et seq.), the Clean Air Act (42 U.S.C., Section 7401 et seq.) and Chapters 301, 305 and 321-331 of Title 49 of the United States Code and may be disclosed as follows: 1. For use by any governmental agency, including but not limited to any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state or local governmental agency in carrying out its functions. Information relating to motor vehicle insurance, including the insurer and insurance policy numbers, may be released to law enforcement officers investigating an accident pursuant to the provisions of Section 10-104 of this title; 2. For use by any motor vehicle manufacturer or an authorized representative thereof in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles, motor vehicle parts and dealers, motor vehicle market research activities, including survey research, and removal of non-owner records from the original owner records of motor vehicle manufacturers. The confidentiality of the information shall be protected, as set out above, and used only for the purpose stated; provided, further, that the Tax Commission Service Oklahoma or the Corporation Commission shall be authorized to review the use of and the measures employed to safeguard the information; and provided, further, that the manufacturer or representative shall bear the cost incurred by the Tax Commission Service Oklahoma or the Corporation Commission in the production of the information requested. If the confidentiality provisions, as set out above, are violated, the provisions of subsection D of Section 205 of Title 68 of the Oklahoma Statutes shall apply and the privilege of obtaining information shall be terminated. Any manufacturer or representative violating the provisions of this paragraph, upon conviction, shall be punishable by a fine not to exceed Fifty Thousand Dollars ($50,000.00); 3. For use by any person compiling and publishing motor vehicle statistics, provided that such statistics do not disclose the names and addresses of individuals. Such information shall be provided upon payment of a reasonable fee as determined by the Tax Commission Service Oklahoma or the Corporation Commission; 4. For use by a wrecker or towing service licensed pursuant to the provisions of Section 951 et seq. of this title for use in providing notice to the owners and secured parties of towed or impounded vehicles, upon payment of a fee of One Dollar ($1.00) per vehicle record page to the Tax Commission Service Oklahoma , the Corporation Commission or any motor license agent licensed operator ; 5. For use by a legitimate business or its agents, employees, or contractors for use in the normal course of business, upon payment of a fee of One Dollar ($1.00) per vehicle record page to the Tax Commission Service Oklahoma , the Corporation Commission or any motor license agent licensed operator , but only: a. to verify the accuracy of personal information submitted by the individual to whom the information pertains to the business or its agents, employees, or contractors, or b. to obtain the correct information, if such information submitted by the individual to whom the information pertains to the business is not correct, or is no longer correct, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual; 6. For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court, upon payment of a fee of One Dollar ($1.00) per vehicle record page to the Tax Commission Service Oklahoma , the Corporation Commission or any motor license agent licensed operator ; 7. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting, upon payment of a fee of One Dollar ($1.00) per vehicle record page to the Tax Commission Service Oklahoma , the Corporation Commission or any motor license agent licensed operator ; 8. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection, upon payment of a fee of One Dollar ($1.00) per vehicle record page to the Tax Commission Service Oklahoma , the Corporation Commission or any motor license agent licensed operator ; 9. For use by a requester, upon payment of a fee of One Dollar ($1.00) per vehicle record page to the Tax Commission Service Oklahoma , the Corporation Commission or any motor license agent licensed operator , if the requester demonstrates that it has obtained the written consent of the individual to whom the information pertains; 10. For use in connection with the operation of private toll transportation facilities; or 11. For furnishing the name and address of all commercial entities who have current registrations of any particular model of vehicle; provided, this exception shall not allow the release of personal information pursuant to the provisions of the Driver's Privacy Protection Act, 18 U.S.C., Sections 2721 through 2725. The Tax Commission Service Oklahoma shall collect a reasonable fee to recover the costs of providing the data. As used in this section, the term "vehicle record page" means a computer-generated printout of the motor vehicle inquiry screen. Information provided on the motor vehicle inquiry screen printout shall include the current vehicle owner name and address, vehicle make, model and year, identifying numbers for the vehicle license plate, certificate of title and vehicle identification number, relevant dates relating to the vehicle registration and certificate of title, lienholder information and lien status. C. In addition to the information provided on the vehicle record page, the Tax Commission Service Oklahoma or the Corporation Commission may, upon written request, release to any requester authorized by the provisions of this section to obtain individual motor vehicle information, corresponding copies of vehicle certificates of title, applications therefor, vehicle registration records and computer data files. There shall be an informational search and retrieval fee of Five Dollars ($5.00) per vehicle computer record search. If the Tax Commission Service Oklahoma or the Corporation Commission performs a manual search, the fee shall be Seven Dollars and fifty cents ($7.50) per vehicle. The Tax Commission Service Oklahoma is authorized to promulgate rules whereby motor license agents licensed operators , when requesting such documentation in the performance of their duties, are exempt from this retrieval fee. Certified copies of vehicle certificates of title and applications therefor shall be included within the informational search and retrieval by the Tax Commission Service Oklahoma or the Corporation Commission for a fee of Ten Dollars ($10.00). Such duly certified copies may be received in evidence with the same effect as the original when the original is not in the possession or under the control of the party desiring to use the same. D. Requesters authorized by this section to receive information shall submit to the Tax Commission Service Oklahoma , the Corporation Commission or motor license agent any licensed operator an affidavit supported by such documentation as the Tax Commission Service Oklahoma or the Corporation Commission may require, on a form prescribed by the Tax Commission Service Oklahoma or the Corporation Commission certifying that the information is requested for a lawful and legitimate purpose and will not be further disseminated. E. Notwithstanding the foregoing, the Tax Commission Service Oklahoma or the Corporation Commission may allow the release of information from its motor vehicle records upon magnetic tape consisting only of the following information: 1. The date of the certificate of title; 2. The certificate of title number; 3. The type of title issued for the vehicle; 4. The odometer reading from the certificate of title; 5. The year in which the vehicle was manufactured; 6. The vehicle identification number for the vehicle; 7. The make of the vehicle; and 8. The location in which the vehicle is registered. The Tax Commission Service Oklahoma or the Corporation Commission shall allow the release of such information upon payment of a reasonable fee to be determined by the Tax Commission Service Oklahoma or the Corporation Commission. The information released as authorized by this subsection may only be used for purposes of detecting odometer rollback or odometer tampering, for determining the issuance in this state or any other state of salvage or rebuilt titles for vehicles or for determining whether a vehicle has been reported stolen in this state or any other state. F. Notwithstanding the provisions of this section or of Section 205 of Title 68 of the Oklahoma Statutes, the Tax Commission Service Oklahoma or the Corporation Commission may inform a secured party that taxes and fees are delinquent with respect to a vehicle upon which the secured party has a perfected lien. G. Fees received by a motor license agent licensed operator pursuant to the provisions of this section shall not be included in the maximum sum that may be retained by motor license agents licensed operators as compensation pursuant to the provisions of Section 1143 of this title. H. All funds collected by the Tax Commission pursuant to the provisions of this section shall be deposited in the Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023, all funds collected by Service Oklahoma pursuant to the provisions of this section shall be deposited in the Service Oklahoma Revolving Fund. All funds collected by the Corporation Commission pursuant to the provisions of this section shall be apportioned as provided in subsection C of Section 3 of this act. I. It is further provided that the provisions of this section shall be strictly interpreted and shall not be construed as permitting the disclosure of any other information contained in the files and records of the Tax Commission Service Oklahoma or the Corporation Commission. J. It shall be unlawful for any person to commit any of the following acts: 1. To knowingly obtain or disclose personal information from a motor vehicle record for any use not expressly permitted by this section; or 2. To make false representation to obtain any personal information from an individual's motor vehicle record. Any violation of the provisions of this section shall constitute a misdemeanor and shall be punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding one (1) year, or by both such fine and imprisonment. Where applicable, a person convicted of a violation of the provisions of this section shall be removed or dismissed from office or state employment. No liability whatsoever, civil or criminal, shall attach to any member or employee of the Tax Commission Service Oklahoma or the Corporation Commission for any error or omission in the disclosure of such information. |SECTION 124. AMENDATORY 47 O.S. 2021, Section 1110, is amended to read as follows: Section 1110. A. 1. Except for a security interest in vehicles held by a dealer for sale or lease, a vehicle registered by a federally recognized Indian tribe as provided in subsection G of this section, and a vehicle being registered in this state which was previously registered in another state and which title contains the name of a secured party on the face of the other state certificate or title, and except as otherwise provided in subsection B of Section 1105 of this title, a security interest in a vehicle as to which a certificate of title may be properly issued by the Oklahoma Tax Commission Service Oklahoma shall be perfected only when a lien entry form, and the existing certificate of title, if any, or application for a certificate of title and manufacturer's certificate of origin containing the name and address of the secured party and the date of the security agreement and the required fee are delivered to the Tax Commission Service Oklahoma or to a motor license agent licensed operator . As used in this section, the term "dealer" shall be defined as provided in Section 1-112 of this title and the term "security interest" shall be defined as provided in paragraph (35) of Section 1-201 of Title 12A of the Oklahoma Statutes. When a vehicle title is presented to a motor license agent licensed operator for transferring or registering and the documents reflect a lienholder, the motor license agent licensed operator shall perfect the lien pursuant to subsection G of Section 1105 of this title. For the purposes of this section, the term "vehicle" shall not include special mobilized machinery, machinery used in highway construction or road material construction and rubber-tired road construction vehicles including rubber-tired cranes. The filing and duration of perfection of a security interest, pursuant to the provisions of Title 12A of the Oklahoma Statutes, including, but not limited to, Section 1-9-311 of Title 12A of the Oklahoma Statutes, shall not be applicable to perfection of security interests in vehicles as to which a certificate of title may be properly issued by the Tax Commission Service Oklahoma , except as to vehicles held by a dealer for sale or lease and except as provided in subsection D of this section. In all other respects Title 12A of the Oklahoma Statutes shall be applicable to such security interests in vehicles as to which a certificate of title may be properly issued by the Tax Commission Service Oklahoma . 2. Whenever a person creates a security interest in a vehicle, the person shall surrender to the secured party the certificate of title or the signed application for a new certificate of title, on the form prescribed by the Tax Commission Service Oklahoma , and the manufacturer's certificate of origin. The secured party shall deliver the lien entry form and the required lien filing fee within twenty-five (25) days as provided hereafter with certificate of title or the application for certificate of title and the manufacturer's certificate of origin to the Tax Commission Service Oklahoma or to a motor license agent licensed operator . If the lien entry form, the lien filing fee and the certificate of title or application for certificate of title and the manufacturer's certificate of origin are delivered to the Tax Commission Service Oklahoma or to a motor license agent licensed operator within twenty-five (25) days after the date of the lien entry form, perfection of the security interest shall begin from the date of the execution of the lien entry form, but otherwise, perfection of the security interest shall begin from the date of the delivery to the Tax Commission Service Oklahoma or to a motor license agent licensed operator . 3. a. For each security interest recorded on a certificate of title, or manufacturer's certificate of origin, such person shall pay a fee of Ten Dollars ($10.00), which shall be in addition to other fees provided for in the Oklahoma Vehicle License and Registration Act. Upon the receipt of the lien entry form and the required fees with either the certificate of title or an application for certificate of title and manufacturer's certificate of origin, a motor license agent licensed operator shall, by placement of a clearly distinguishing mark, record the date and number shown in a conspicuous place, on each of these instruments. Of the ten-dollar fee, the motor license agent licensed operator shall retain Two Dollars ($2.00) for recording the security interest lien. b. It shall be unlawful for any person to solicit, accept or receive any gratuity or compensation for acting as a messenger and for acting as the agent or representative of another person in applying for the recording of a security interest or for the registration of a motor vehicle and obtaining the license plates or for the issuance of a certificate of title therefor unless the Tax Commission Service Oklahoma has appointed and approved the person to perform such acts; and before acting as a messenger, any such person shall furnish to the Tax Commission Service Oklahoma a surety bond in such amount as the Tax Commission Service Oklahoma shall determine appropriate. 4. The certificate of title or the application for certificate of title and manufacturer's certificate of origin with the record of the date of receipt clearly marked thereon shall be returned to the debtor together with a notice that the debtor is required to register and pay all additional fees and taxes due within thirty (30) days from the date of purchase of the vehicle. 5. Any person creating a security interest in a vehicle that has been previously registered in the debtor's name and on which all taxes due the state have been paid shall surrender the certificate of ownership to the secured party. The secured party shall have the duty to record the security interest as provided in this section and shall, at the same time, obtain a new certificate of title which shall show the secured interest on the face of the certificate of title. 6. The lien entry form with the date and assigned number thereof clearly marked thereon shall be returned to the secured party. If the lien entry form is received and authenticated, as herein provided, by a motor license agent licensed operator , the agent licensed operator shall make a report thereof to the Tax Commission Service Oklahoma upon the forms and in the manner as may be prescribed by the Tax Commission Service Oklahoma . 7. The Tax Commission Service Oklahoma shall have the duty to record the lien upon the face of the certificate of title issued at the time of registering and paying all fees and taxes due on the vehicle. 8. When there is an active lien from a commercial lender in place on a vehicle, motor license agents licensed operators shall be prohibited from transferring the certificate of title on that vehicle until the lien is satisfied. B. 1. A secured party shall, within seven (7) business days after the satisfaction of the security interest, furnish directly or by mail a release of a security interest to the Tax Commission Service Oklahoma and mail a copy thereof to the last-known address of the debtor. If the security interest has been satisfied by payment from a licensed used motor vehicle dealer to whom the motor vehicle has been transferred, the secured party shall also, within seven (7) business days after such satisfaction, mail an additional copy of the release to the dealer. If the secured party fails to furnish the release as required, the secured party shall be liable to the debtor for a penalty of One Hundred Dollars ($100.00). Following the seven (7) business days after satisfaction of the lien and upon receipt by the lienholder of written communication demanding the release of the lien, thereafter the penalty shall increase to One Hundred Dollars ($100.00) per day for each additional day beyond seven (7) business days until accumulating to One Thousand Five Hundred Dollars ($1,500.00) or the value of the vehicle, whichever is less, and, in addition, any loss caused to the debtor by such failure. 2. Upon release of a security interest the owner may obtain a new certificate of title omitting reference to the security interest, by submitting to the Tax Commission Service Oklahoma or to a motor license agent licensed operator : a. a release signed by the secured party, an application for new certificate of title and the proper fees, or b. by submitting to the Tax Commission or the motor license agent an affidavit, supported by such documentation as the Tax Commission Service Oklahoma may require, by the owner on a form prescribed by the Tax Commission Service Oklahoma stating that the security interest has been satisfied and stating the reasons why a release cannot be obtained, an application for a new certificate of title and the proper fees. Upon receiving such affidavit that the security interest has been satisfied, the Tax Commission Service Oklahoma shall issue a new certificate of title eliminating the satisfied security interest and the name and address of the secured parties who have been paid and satisfied. The Tax Commission Service Oklahoma shall accept a release of a security interest in any form that identifies the debtor, the secured party, and the vehicle, and contains the signature of the secured party. The Tax Commission Service Oklahoma shall not require any particular form for the release of a security interest. The words "security interest" when used in the Oklahoma Vehicle License and Registration Act do not include liens dependent upon possession. C. The Tax Commission Service Oklahoma shall file and index certificates of title so that at all times it will be possible to trace a certificate of title to the vehicle designated therein, identify the lien entry form, and the names and addresses of secured parties, or their assignees, so that all or any part of such information may be made readily available to those who make legitimate inquiry of the Tax Commission Service Oklahoma as to the existence or nonexistence of security interest in the vehicle. D. 1. Any security interest in a vehicle properly perfected prior to July 1, 1979, may be continued as to its effectiveness or duration as provided by Sections 1-9-510 and 1-9-515 of Title 12A of the Oklahoma Statutes, or may be terminated, assigned or released as provided by Sections 1-9-512, 1-9-513 and 1-9-514 of Title 12A of the Oklahoma Statutes, as fully as if this section had not been enacted, or, at the option of the secured party, may also be perfected under this section, and, if so perfected, the time of perfection under this section shall be the date the security interest was originally perfected under the prior law. 2. Upon request of the secured party, the debtor or any other holder of the certificate of title shall surrender the certificate of title to the secured party and shall do such other acts as may be required to perfect the security interest under this section. E. If a manufactured home is permanently affixed to real estate, an Oklahoma certificate of title may be surrendered to the Tax Commission Service Oklahoma or a motor license agent licensed operator for cancellation. When the document of title is surrendered, the owner shall provide the legal description or the appropriate tract or parcel number of the real estate and other information as may be required on a form provided by the Tax Commission Service Oklahoma . The Tax Commission Service Oklahoma may not cancel a document of title if a lien has been registered or recorded. The Tax Commission Service Oklahoma or motor license agent a licensed operator shall notify the owner and any lienholder that the title has been surrendered to the Tax Commission Service Oklahoma and that the Tax Commission Service Oklahoma may not cancel the title until the lien is released. Such notification shall include a description of the lien and such notification to the owner shall be accompanied by the return of title surrendered. Permanent attachment to real estate does not affect the validity of a lien recorded or registered with the Tax Commission Service Oklahoma before the document of title is canceled pursuant to this section. The rights of a prior lienholder pursuant to a security agreement or the provisions of a credit transaction and the rights of the state pursuant to a tax lien are preserved. The Tax Commission Service Oklahoma or motor license agent licensed operator shall forward the information to the county assessor of the county where the real estate is located and indicate whether the original document of title has been canceled. A fee of Five Dollars ($5.00) shall accompany the application for cancellation of title. When the fee is paid by a person making an application directly with the Tax Commission Service Oklahoma , the fee shall be deposited in the Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023, the fee shall be deposited in the Service Oklahoma Revolving Fund. A fee paid to a motor license agent licensed operator shall be retained by the agent licensed operator . The owner of a manufactured home upon which the document of title has been properly surrendered , may apply to the Tax Commission Service Oklahoma for issuance of a new original certificate of title upon submission of: 1. An attestation from the homeowner indicating ownership of the manufactured home and the nonexistence of any security interest or lien of record in the manufactured home; and 2. A title opinion by a licensed attorney, determining that the owner of the manufactured home has marketable title to the real property upon which the manufactured home is located and that no documents filed of record in the county clerk's office concerning the real property contain a mortgage, recorded financial statement, judgment, or lien of record. Persons or entities to whom the title opinion is addressed may rely on the title opinion. A security interest in a manufactured home perfected pursuant to this section shall have priority over a conflicting interest of a mortgagee or other lien encumbrancer, or the owner of the real property upon which the manufactured home became affixed or otherwise permanently attached. The holder of the security interest in the manufactured home, upon default, may remove the manufactured home from such real property. The holder of the security interest in the manufactured home shall reimburse the owner of the real property who is not the debtor and who has not otherwise agreed to access the real property for the cost of repair of any physical injury to the real property, but shall not be liable for any diminution in value to the real property caused by the removal of the manufactured home, trespass, or any other damages caused by the removal. The debtor shall notify the holder of the security interest in the manufactured home of the street address, if any, and the legal description of the real property upon which the manufactured home is affixed or otherwise permanently attached and shall sign such other documents, including any appropriate mortgage, as may reasonably be requested by the holder of such security interest. F. In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. G. A security interest in vehicles registered by a federally recognized Indian tribe shall be deemed valid under Oklahoma law if validly perfected under the applicable tribal law and the lien is noted on the face of the tribal certificate of title. |SECTION 125. AMENDATORY 47 O.S. 2021, Section 1111, is amended to read as follows: Section 1111. A. As used in this section: 1. "Loss" means the cost, in dollars, to repair or replace a vehicle which has been damaged by collision or other occurrence. The amount paid by an insurer to a holder of the certificate of title for repair of a damaged vehicle shall be prima facie evidence of the amount of the loss. The amount paid by an insurer to a holder of the certificate of title for replacement of a damaged vehicle less the resale value of the damaged vehicle shall be prima facie evidence of the amount of the loss; 2. "Fair market value" means the value of a vehicle as listed in the current National Auto Dealers Association guidebook or other similar guidebook or the actual cash value, whichever is greater; 3. "Resale value" means the amount, in dollars, paid to the holder of a certificate of title by a willing buyer for a vehicle damaged by collision or other occurrence or recovered from theft; 4. "Total loss" means a loss which is equal to the fair market value of the vehicle immediately prior to the damage to or theft of the vehicle; and 5. "Vehicle" means a vehicle, as defined in paragraph 40 of Section 1102 of this title, manufactured within the last ten (10) model years. B. Any insurance company that pays a total loss on a claim for any vehicle including, but not limited to, a flood-damaged vehicle or recovered-theft vehicle, any junk dealer who receives a motor vehicle which is to be used for junk or for parts, or any other person permanently dismantling or junking a vehicle shall receive the certificate of title from the current holder of the certificate of title, shall detach the license plate from the vehicle, and shall return the license plate and the certificate of title to the Oklahoma Tax Commission Service Oklahoma or a motor license agent licensed operator within thirty (30) days from receipt of the certificate, or insurance companies may provide alternate documentation within thirty (30) days pursuant to subsection P of Section 1105 of this title. The Tax Commission Service Oklahoma shall cancel the certificate of title to the vehicle used for junk or parts and shall preserve the vehicle identification numbers on the certificate of title in the computer files for at least five (5) years. No certificate of title may be reissued on a junked vehicle as defined in Section 1105 of this title, unless reissued pursuant to paragraph 3 of subsection C of this section. The Tax Commission Service Oklahoma shall transfer ownership of a stolen vehicle, not recovered from theft at the time of transfer, by salvage or unrecovered-theft title to the insurer. The Tax Commission Service Oklahoma shall transfer ownership of a vehicle damaged by flooding or other occurrence to the insurer by an original title, salvage title, or junked title, as may be appropriate, based upon an estimate of the amount of loss submitted by the insurer. All license plates surrendered to the Tax Commission Service Oklahoma shall be destroyed. C. 1. If an insurance company pays a claim for a loss which is less than a total loss but the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of the fair market value of the vehicle, or if any vehicle not insured is damaged to the extent that the cost of repair for safe operation on the highway exceeds sixty percent (60%) of the fair market value of the vehicle, any holder of the certificate of title for the vehicle shall return the certificate of title to the Tax Commission Service Oklahoma or a motor license agent licensed operator within thirty (30) days from receipt of payment for the loss. 2. Upon receipt of the certificate, the Tax Commission Service Oklahoma or motor license agent a licensed operator shall issue a salvage title for the vehicle. The title for any vehicle damaged by flooding shall be stamped with the words "Flood Damaged", and for any such vehicle which was recovered from a theft, the salvage title or rebuilt title shall be stamped with the words "Recovered Theft". A licensed dealer subject to the provisions of the Automotive Dismantlers and Parts Recycler Act, Section 591.1 et seq. of this title, shall not be required to pay registration fees, excise taxes, back taxes, or penalties on a vehicle as a prerequisite to obtaining a salvage title. 3. If the actual documented cost of repairing the vehicle for safe operation on the highway does not exceed sixty percent (60%) of the fair market value of the vehicle as defined in this section, the certificate of title shall be reissued to the holder and the vehicle shall not be subject to inspection as required under this section. The actual documented cost of repairing the vehicle pursuant to this paragraph shall be certified by the insurance company paying the loss. D. If a motor vehicle with a salvage title is placed in operative condition, application shall be made to the Tax Commission Service Oklahoma or a motor license agent licensed operator for a rebuilt title. A visual inspection of the vehicle and examination of the vehicle identification numbers shall be conducted prior to the issuance of a rebuilt title. At the time of issuance, the salvage title shall be returned to the Tax Commission Service Oklahoma by the owner, or by the motor license agent licensed operator if the motor license agent licensed operator issues the rebuilt title. A visual inspection shall also be made of any out- of-state vehicle to be registered and titled in this state if the vehicle is within the class of vehicles for which a rebuilt title is required and a similar inspection has not been conducted by another state. The certificate of title for the rebuilt vehicle shall be stamped with the words, "This Rebuilt Vehicle Has Been Inspected by the Appropriate State Official". E. 1. The visual inspections and examination of vehicle identification numbers shall include, but not be limited to: a. comparison of the vehicle identification numbers with the number recorded on the ownership records, b. inspection of the vehicle identification numbers and the VIN plate to detect possible alteration or other fraud, c. interpretation of the vehicle identification number recorded on the ownership documents to assure that it accurately describes the motor vehicle in question, and d. inspection of the odometer of the vehicle to detect rollback or alteration. 2. All vehicle damage shall be repaired before the examination is conducted. The following paperwork shall be presented to the motor license agent licensed operator : the salvage title and original receipts for all parts placed on the vehicle. Components such as doors, motor, and transmission shall indicate the serial number or the vehicle identification number (VIN) of the auto the part was purchased from or removed from. F. The visual inspection and vehicle identification numbers examination shall be performed by a motor license agent licensed operator at the location designated by the motor license agent licensed operator . If the location of the inspection is not the place of business of the rebuilder, the motor license agent licensed operator shall issue a permit authorizing the applicant to operate the vehicle upon the public streets, roads, and highways in route to and from the designated location for the inspection. The inspection and examination shall be performed within ten (10) working days after the owner of the vehicle requests the inspection and examination. Requests shall be made by completing the request form prescribed and provided by the Tax Commission Service Oklahoma . G. Inspection and examination of a rebuilt vehicle shall be performed by a person employed by a motor license agent licensed operator . H. The fee for the examination by the motor license agent licensed operator shall be Twenty-five Dollars ($25.00), which shall be paid at the time of issuance of the certificate of title for the rebuilt vehicle. The motor license agent licensed operator shall retain Five Dollars ($5.00) and shall remit Twenty Dollars ($20.00) to the Tax Commission which shall retain Ten Dollars ($10.00) and transmit Ten Dollars ($10.00) to the State Treasurer for deposit in the Department of Public Safety Revolving Fund through December 31, 2022. Beginning January 1, 2023, the licensed operator shall retain Five Dollars ($5.00) and shall remit Twenty Dollars ($20.00) to the Tax Commission which shall retain Ten Dollars ($10.00) and transmit Ten Dollars ($10.00) to the State Treasurer for deposit in the Service Oklahoma Revolving Fund . The motor license agent licensed operator and its employees and agents may not be sued for and shall not be liable for any damages allegedly arising out of the inspection of a vehicle or any acts or omissions in the performance of the inspection. The motor license agent licensed operator may be held liable for any damages to the vehicle caused by the negligent acts or omissions in the performance of the inspection. Any person may be liable for any damages to a vehicle caused by the intentional acts or omissions in the performance of the inspection. I. The rebuilt title and any subsequent transfers of such title shall also reflect that the vehicle was a salvage vehicle, flood- damaged vehicle or recovered-theft vehicle, if applicable, and also shall include the salvage date. J. Any title for a motor vehicle issued pursuant to the laws of any other state which reflects that such vehicle is a salvage vehicle, a rebuilt vehicle or a junked vehicle or has any other brand or classification notation by that state shall be retained on the new title issued by the Tax Commission Service Oklahoma unless the actual documented cost of repairing the vehicle for safe operation on the highway does not exceed sixty percent (60%) of the fair market value of the vehicle as provided by this section. K. When the insurance company pays a loss on a vehicle which is registered at the time of mishap, accident, burning, or flooding, the appropriate certificate of title shall be issued without the payment of additional registration fees or excise taxes, upon the submission of a police report or insurance adjuster's report and a declaration by the insurer that the vehicle is held for sale to a dealer. If the owner of the vehicle or other insured retains ownership of the damaged vehicle, the Tax Commission Service Oklahoma shall notify the owner or insured of the requirements of this section. L. Any insurance company that pays a claim for a loss where the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of the market value of the vehicle or pays a claim for a flood-damaged vehicle as defined in Section 1105 of this title shall notify, in writing, the holder of the certificate of title of the requirements of this section and shall notify the Tax Commission Service Oklahoma of the payment of such claim. The notice shall include the estimated total damage percentage determination of the actual cash value made by the insurance company to repair the vehicle for safe operation on the highway. The insurance company shall also send a copy of the notification to the holder of the title. The Tax Commission Service Oklahoma shall provide notice to the owner of the vehicle in writing requiring the owner to surrender the title along with the fee to the Tax Commission Service Oklahoma or one of its motor license agents licensed operators within thirty (30) days from the receipt of notice for the issuance of the appropriate title based on the amount of loss. The Tax Commission Service Oklahoma shall reissue the appropriate title with the words "Flood Damaged" on the face of the title in the case of a flood-damaged vehicle; provided, no insurance company shall pay a claim for less than the amount to which the holder of the certificate of title is rightfully entitled in order to avoid compliance with this section. M. Except as provided for in subsection N of this section, any person, firm, corporation, or other legal entity convicted of violating any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than Three Hundred Dollars ($300.00) or by incarceration in the county jail for not more than six (6) months, or by both the fine and incarceration. N. Any owner of a titled vehicle who has knowledge that the title is not the proper type for the vehicle and, with intent to misrepresent the vehicle, fails to make the appropriate title changes, shall be guilty of a misdemeanor. Any person who has knowledge that the title is not the proper type for the vehicle, and with intent to misrepresent the vehicle, buys or receives any vehicle for which the appropriate title changes have not been made as required by this act shall be guilty of a misdemeanor. Any person found guilty in accordance with the provisions of this subsection shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) for the first offense or Five Thousand Dollars ($5,000.00) for the second or subsequent offense, or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment. O. Any owner of a salvage or junked vehicle shall submit the certificate of title to the Tax Commission Service Oklahoma or motor license agent a licensed operator for issuance of an appropriate title. Any holder of a certificate of title issued by this state, to a vehicle which no longer exists, shall surrender the certificate of title to the Tax Commission Service Oklahoma for cancellation. The vehicle identification number on the canceled certificate of title shall be preserved in the computer of the Tax Commission Service Oklahoma for at least five (5) years. Nothing in this section shall be construed to prevent the transfer of ownership of a vehicle by assignment of the title to a used car dealer, wholesale used car dealer, or a licensed automotive dismantler or parts recycler. |SECTION 126. AMENDATORY 47 O.S. 2021, Section 1112, is amended to read as follows: Section 1112. A. Every owner of a vehicle possessing a certificate of title shall, before using the same in this state, make an application for the registration of such vehicle with a motor license agent licensed operator . The application shall contain such information as shall be required by the Oklahoma Tax Commission Service Oklahoma . Every owner, when making application for registration, shall furnish the following information: 1. A full description of the vehicle including the make, model, color, manufacturer's serial or other identification number, any security interest upon the vehicle, an odometer reading of the vehicle when applicable, and the insurance security verification to the vehicle; 2. The correct name and address, the name of the city, county and state in which the person in whose name the vehicle is to be registered resides, the driver license number of the owner if the owner has a driver license or the Federal Employers Identification Number of the owner if such owner is not an individual, and such other information as may be prescribed by the Commission Service Oklahoma ; and 3. a. The name of the carrier of the owner's insurance policy for such vehicle, b. The policy number of the owner's policy for such vehicle, if available, or the name of the agent or office where the existence of security may be verified, if other than the carrier, c. The effective dates of the owner's policy for such vehicle, and d. A statement of the existence of a nonuse affidavit if filed by the vehicle owner pursuant to the provisions of Section 7-607 of this title. B. Any owner or lessee of a noncommercial vehicle possessing a certificate of title may, at the time of initial application for registration or application for renewal, inform the Tax Commission Service Oklahoma that the owner, lessee or someone who may be operating the vehicle is deaf, hard-of-hearing, autistic or suffers from Apraxia or a communication disorder. That information, if provided, shall be available to law enforcement through the Tax Commission's Service Oklahoma's vehicle registration system to assist law enforcement in identifying the operator of the vehicle as possibly being deaf, hard-of-hearing, autistic or suffering from Apraxia or a communication disorder. As used in this section, "communication disorder" is defined as impairment in the ability to receive, send, process and comprehend concepts or verbal, nonverbal and graphic symbol systems. C. In every case where a vehicle has been registered upon an application containing any false statement of a fact required in this section to be shown in an application for the registration thereof, the Commission Service Oklahoma shall give written notice of at least five (5) days to the owner of the vehicle, and shall require the owner to appear before it for the purpose of showing cause why the registration should not be canceled. Unless satisfactory explanation is given by the owner concerning such false statement, the Commission Service Oklahoma shall cancel the registration. The owner of the vehicle shall then be required to immediately reregister the vehicle and pay the required fees. The owner shall not be entitled to refund or credit for the fees paid for registration of the motor vehicle made under the application which contained any false statement of fact. D. The Commission Service Oklahoma shall insert in the application forms appropriate notice to the applicant that any false statement of a fact required to be shown in such application for registration subjects the applicant to prosecution. |SECTION 127. AMENDATORY 47 O.S. 2021, Section 1112.1A, is amended to read as follows: Section 1112.1A A. As used in this section "vintage vehicle" means a passenger automobile or truck having no more than two axles and for which no Oklahoma certificate of title exists in the records of the Oklahoma Tax Commission Service Oklahoma prior to January 1, 1980, and which has not been registered in the records of the Oklahoma Tax Commission Service Oklahoma or any other state for a period of fifteen (15) or more years prior to the date as of which the application for the certificate of title is made. B. A person or other legal entity may register a vintage vehicle and obtain an Oklahoma certificate of title for the vehicle upon payment of a fee of Two Hundred Fifty Dollars ($250.00) and providing a verified statement, under oath, submitted to the Oklahoma Tax Commission Service Oklahoma with the following information: 1. The name of the person or other legal entity to which the certificate of title will be issued; 2. The personal or business address at which the vehicle will be located when not in use on the roads and highways of the state; 3. The manufacturer of the vehicle whether or not the manufacturer is still conducting business; 4. The model of the vehicle using either the designation provided by the original manufacturer or an equivalent designation; 5. The Vehicle Identification Number (VIN) if the vehicle had a VIN at the time of its original manufacture; 6. The price at which the vintage vehicle was acquired by the person or other legal entity making application for a vintage vehicle title; and 7. A statement that the vehicle is not currently subject to the lien of any person or other legal entity for the purchase price of the vehicle, for expenses associated with repair or refurbishment of the vehicle, storage charges or any other purpose. C. The fee prescribed by subsection B of this section shall be nonrefundable even if the Oklahoma Tax Commission Service Oklahoma denies the issuance of a certificate of title for the vintage vehicle for any reason. D. Upon review of the information contained in the application for a certificate of title, the Oklahoma Tax Commission Service Oklahoma shall determine whether or not the title may be issued. E. If a vintage vehicle certificate of title is issued, the person or other legal entity making application shall make payment of the motor vehicle excise tax required by Section 2103 of Title 68 of the Oklahoma Statutes and the applicable rate of sales tax imposed pursuant to Section 1354 of Title 68 of the Oklahoma Statutes. F. Once a certificate of title has been issued for a vintage vehicle as provided by this section, the vehicle shall be subject to the annual registration requirements in the same manner and subject to the same fees as provided by law for other motor vehicles. |SECTION 128. AMENDATORY 47 O.S. 2021, Section 1112.2, is amended to read as follows: Section 1112.2 A. Effective July 1, 2019, 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, the Oklahoma Tax Commission 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 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 the Tax Commission Service Oklahoma or a motor license agent licensed operator . However, if the license plate has expired, the new owner shall not be required to surrender 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) 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 temporary plate issued by a motor license agent licensed operator pursuant to the promulgation of rules by the Oklahoma Tax Commission Service Oklahoma to implement a motor license agent-issued licensed-operator-issued temporary plate pursuant to this paragraph. B. 1. The new owner of a motor vehicle shall, within thirty (30) calendar days 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 the Tax Commission Service Oklahoma or motor license agent a 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 the Tax Commission Service Oklahoma or motor license agent a licensed operator in his or her name within thirty (30) days of obtaining ownership. The Tax Commission Service Oklahoma or motor license agent the licensed operator shall then transfer the license plate to the surviving spouse. D. The Oklahoma Tax Commission 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. |SECTION 129. AMENDATORY 47 O.S. 2021, 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, the Oklahoma Tax Commission 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. The Oklahoma Tax Commission 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, the Tax Commission 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, the Tax Commission 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 the Tax Commission Service Oklahoma may direct. However, yearly decals issued to the owner of a vehicle who has filed an affidavit with the appropriate motor license agent 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, the Tax Commission 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. The Tax Commission Service Oklahoma shall issue all decals in the possession of the Tax Commission 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, the Oklahoma Tax Commission 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, the Tax Commission 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, the Tax Commission 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 the Tax Commission Service Oklahoma may direct. However, yearly decals issued to the owner of a vehicle who has filed an affidavit with the appropriate motor license agent 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. The Oklahoma Tax Commission 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 Section 7-600 et seq. of this title. The Oklahoma Tax Commission 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. The Tax Commission 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, the Tax Commission Service Oklahoma or the Corporation Commission, as applicable, or a motor license agent 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, the Tax Commission 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, the Tax Commission 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, the Tax Commission 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, the Tax Commission Service Oklahoma shall design appropriate official license plates for vehicles of the Oklahoma Military Department. 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, the Tax Commission 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 the Oklahoma Tax Commission 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 the Oklahoma Tax Commission 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 the Tax Commission 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 the Tax Commission 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 the Tax Commission Service Oklahoma or a motor license agent 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, the Tax Commission 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. The Tax Commission Service Oklahoma shall make sufficient plates and decals available to the various motor license agents 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. The Tax Commission 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, the Tax Commission 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 the Tax Commission 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 the Tax Commission 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. |SECTION 130. AMENDATORY 47 O.S. 2021, 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 the Commission Service Oklahoma or one of its motor license agents licensed operators 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. 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 the Commission Service Oklahoma or one of its motor license agents 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. C. The Oklahoma Tax Commission 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. |SECTION 131. AMENDATORY 47 O.S. 2021, Section 1113.2, is amended to read as follows: Section 1113.2 A. The Executive Director of the Oklahoma Tax Commission Service Oklahoma shall initiate the reissue of the official vehicle license plates and substitute therefor a new license plate designed by the Oklahoma Tourism and Recreation Department with the approval of the Department of Public Safety. B. 1. In addition to all other vehicle registration fees specified by law, beginning July 1, 2016, there is levied and there shall be paid to the Oklahoma Tax Commission Service Oklahoma a fee of Five Dollars ($5.00) upon every vehicle to be registered. 2. Beginning July 1, 2016, and ending June 30, 2017: a. eighty percent (80%) of all monies collected under the provisions of this subsection shall be deposited by the Oklahoma Tax Commission in the State Treasury to the credit of the State Public Safety Fund created in Section 2-147 of this title, and b. twenty percent (20%) of all monies collected under the provisions of this subsection shall be deposited by the Oklahoma Tax Commission to the credit of the Oklahoma Tax Commission Fund created in Section 221 of Title 62 of the Oklahoma Statutes. 3. Beginning July 1, 2017, all monies collected under the provisions of this subsection shall be deposited by the Oklahoma Tax Commission Service Oklahoma to the credit of the State Public Safety Fund created in Section 2-147 of this title. C. In addition to the monies apportioned by Section 1104 of this title, the following amounts of monies shall be placed to the credit of the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund for the purpose of conducting a new general issue of license plates commencing January 1, 2017: 1. For the fiscal year beginning July 1, 2016, and ending June 30, 2017, the first One Million Eight Hundred Thousand Dollars ($1,800,000.00) collected or received by the Tax Commission Service Oklahoma pursuant to the registration of vehicles as provided by the Oklahoma Vehicle License and Registration Act; and 2. For the fiscal year beginning July 1, 2017, and ending June 30, 2018, the first Two Million Dollars ($2,000,000.00) collected or received by the Tax Commission Service Oklahoma pursuant to the registration of vehicles as provided by the Oklahoma Vehicle License and Registration Act. D. Subject to the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund receiving credit for the funds referenced in subsection C of this section, the Executive Director shall devise a numbering system suitable for a new general issue of license plates commencing January 1, 2017. Unless otherwise provided by the Oklahoma Vehicle License and Registration Act, new license plates will be issued to all registrants applying for an original or renewal registration on or after January 1, 2017, and will continue until all previously issued license plates have been replaced. Upon receipt of the new general issue license plate, registrants shall replace any previously issued Oklahoma general issue license plate currently displayed on their vehicle. E. The Tax Commission Service Oklahoma shall have the authority to promulgate any rules necessary to implement such a new general issue. F. Except for vehicles registered pursuant to the provisions of Section 1120 of this title and certain official special license plates, the new license plate design provided for in subsection A of this section shall be a part of all license plates issued on or after January 1, 2017. The Oklahoma Tax Commission Service Oklahoma may establish procedures for the purpose of allowing current registrants to reserve their present general issue or personalized license plate numbers for a fee of Fifteen Dollars ($15.00) , ; provided payment of the fees is received by the Tax Commission Service Oklahoma on or before November 1, 2016. The fees shall be deposited into the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund for the purpose of conducting the new general issue of license plates. G. The license plates shall be issued with identification numbers and letters in a color that provides a distinct contrast with a light-colored background in the plate identification area. 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. H. In furtherance of the public safety of Oklahoma drivers, the Department of Public Safety may request that the Oklahoma Tax Commission Service Oklahoma initiate subsequent reissues of the official vehicle license plate. Provided however, such request shall not occur more frequently than five (5) years following the most recent reissue. Upon such request and subject to the Tax Commission Service Oklahoma receiving the necessary funds the Tax Commission Service Oklahoma shall initiate the reissue. |SECTION 132. AMENDATORY 47 O.S. 2021, Section 1114, is amended to read as follows: Section 1114. In the event of loss, mutilation, or destruction of a license plate or decal, the owner of such registered vehicle shall file an affidavit showing such fact and obtain another plate or decal. Provided, that the Oklahoma Tax Commission Service Oklahoma shall have the authority to prohibit the issuance of any replacement plate or decal if the license plate was seized pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of this title for failure to comply with the Compulsory Insurance Law until the owner or operator of the vehicle from which the license plate was seized complies with division 2 of subparagraph b of paragraph 1 of subsection A of Section 7-606 of this title. The charge shall be Four Dollars ($4.00) for each replacement plate or decal. |SECTION 133. AMENDATORY 47 O.S. 2021, Section 1114.2, is amended to read as follows: Section 1114.2 Any motor license agent appointed according to the provisions of Section 1140 of this title licensed operator shall have been a resident of the county in which the agency is located State of Oklahoma for a period of six (6) months prior to appointment submitting an application for a license to operate a designated Service Oklahoma location . If a motor license agent licensed operator moves his or her residence to a place outside the county in which the agency is located, the agent State of Oklahoma, the licensed operator shall forfeit the appointment provide notice to the Service Oklahoma Operator Board and sell his or her license within ninety (90) days of such notice . Provided, if the incorporated limits of a municipality encompass an area in more than one county, the provisions of this section shall not prohibit a motor license agent from moving the agency to a county in which the agent does not reside, with the consent of the Oklahoma Tax Commission, as long as the agency continues to be located in the same municipality and as long as other requirements of this title applicable to motor license agents are met. |SECTION 134. AMENDATORY 47 O.S. 2021, Section 1115, is amended to read as follows: Section 1115. A. Unless provided otherwise by statute, the following vehicles shall be registered annually: manufactured homes, vehicles registered with a permanent nonexpiring license plate pursuant to Section 1113 of this title, and commercial vehicles registered pursuant to the installment plan provided in subsection H of Section 1133 of this title. The following schedule shall apply for such vehicle purchased in this state or brought into this state by residents of this state: 1. Between January 1 and March 31, the payment of the full annual fee shall be required; 2. Between April 1 and June 30, the payment of three-fourths (3/4) the annual fee shall be required; 3. Between July 1 and September 30, the payment of one-half (1/2) the annual fee shall be required; and 4. Between October 1 and November 30, one-fourth (1/4) the annual fee shall be required. License plates or decals for each year shall be made available on December 1 of each preceding year for such vehicles. Any person who purchases such vehicle or manufactured home between December 1 and December 31 of any year shall register it within thirty (30) days from date of purchase and obtain a license plate or Manufactured Home License Registration Decal, as appropriate, for the following calendar year upon payment of the full annual fee. Unless provided otherwise by statute, all annual license, registration and other fees for such vehicles shall be due and payable on January 1 of each year and if not paid by February 1 shall be deemed delinquent. B. 1. All vehicles, other than those required to be registered pursuant to the provisions of subsection A of this section, shall be registered on a staggered system of registration and licensing on a monthly series basis to distribute the work of registering such vehicles as uniformly and expeditiously as practicable throughout the calendar year unless otherwise provided in this section. After the end of the month following the expiration date, the license and registration fees for the new registration period shall become delinquent. 2. All fleet vehicles registered pursuant to new applications approved pursuant to the provisions of Section 1120 of this title shall be registered on a staggered system monthly basis. 3. Applicants seeking to establish Oklahoma as the base jurisdiction for registering apportioned fleet vehicles shall have a one-time option of registering for a period of not less than six (6) months nor greater than eighteen (18) months. Subsequent renewals for these registrants will be for twelve (12) months, expiring on the last day of the month chosen by the registrant under the one- time option as provided herein. In addition, registrants with multiple fleets may designate a different registration month of expiration for each fleet. As used in this section, "fleet" shall have the same meaning as set forth in the International Registration Plan. 4. Effective January 1, 2004, all motorcycles and mopeds shall be registered on a staggered system of registration. The Oklahoma Tax Commission Service Oklahoma shall notify in writing, prior to December 1, 2003, all owners of motorcycles or mopeds registered as of such date, who shall have a one-time option of registering for a period of not less than three (3) months nor greater than fifteen (15) months. Subsequent renewals for these registrants will be for twelve (12) months, expiring on the last day of the month chosen by the registrant under the one-time option as provided herein. All motorcycles and mopeds registered pursuant to new applications received on or after December 1, 2003, shall also be registered pursuant to the provisions of this paragraph. 5. Any three or more commercial vehicles owned by the same person and previously registered in this state may be registered at the same time regardless of the month or months in which they were previously registered. The month in which the commercial vehicles are newly registered shall be the month in which their registration is renewed annually. If a commercial vehicle is registered pursuant to this paragraph in the same calendar year in which it was previously registered, license and registration fees shall be prorated to account for the difference between the previous renewal month and the new renewal month and those fees shall be due at the time of registration pursuant to this paragraph. C. The following penalties shall apply for delinquent registration fees: 1. For fleet vehicles required to be registered pursuant to the provisions of Section 1120 of this title for which a properly completed application for registration has not been received by the Corporation Commission by the last day of the month following the registration expiration date, a penalty of thirty percent (30%) of the Oklahoma portion of the annual registration fee, or Two Hundred Dollars ($200.00), whichever is greater, shall be assessed. The license and registration cards issued by the Corporation Commission for each fleet vehicle shall be valid until two (2) months after the registration expiration date; 2. For commercial vehicles registered under the provisions of subsection B of this section, except those vehicles registered pursuant to Section 1133.1 of this title, a penalty shall be assessed after the last day of the month following the registration expiration date. A penalty of twenty-five cents ($0.25) per day shall be added to the license fee of such vehicle and shall accrue for one (1) month. Thereafter, the penalty shall be thirty percent (30%) of the annual registration fee, or Two Hundred Dollars ($200.00), whichever is greater; 3. For new or used manufactured homes, not registered within thirty (30) days from date of purchase or date such manufactured home was brought into this state, a penalty equal to the registration fee shall be assessed; or 4. For all vehicles a penalty shall be assessed after the last day of the month following the expiration date and no penalty shall be waived by the Oklahoma Tax Commission Service Oklahoma or any motor license agent licensed operator except as provided for in subsection H of Section 1133 , and subsection C of Section 1127 of this title, or when the vehicle was stolen as certified by a police report or other documentation as required by the Oklahoma Tax Commission Service Oklahoma . A penalty of One Dollar ($1.00) per day shall be added to the license fee of such vehicle, provided that the penalty shall not exceed One Hundred Dollars ($100.00). Of each dollar penalty collected pursuant to this subsection: a. twenty-one cents ($0.21) shall be apportioned as provided in Section 1104 of this title, b. twenty-one cents ($0.21) shall be retained by the motor license agent licensed operator , and c. fifty-eight cents ($0.58) shall be deposited in the General Revenue Fund. D. In addition to all other penalties provided in the Oklahoma Vehicle License and Registration Act, the following penalties shall be imposed and collected by any enforcement officer of the Corporation Commission upon finding any commercial vehicle being operated in violation of the provisions of the Oklahoma Vehicle License and Registration Act. The penalties shall apply to any commercial vehicle found to be operating in violation of the following provisions: 1. A penalty of not less than Fifty Dollars ($50.00) shall be imposed upon any person found to be operating a commercial vehicle sixty (60) days after the end of the month in which the license plate or registration credentials expire without the current year license plate or registration credential displayed. Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title. Revenue from such penalties shall be apportioned as provided in Section 1167 of this title; 2. A penalty of not less than Fifty Dollars ($50.00) shall be imposed for any person operating a commercial vehicle subject to the provisions of Section 1120 or Section 1133 of this title without the proper display of, or, carrying in such commercial vehicle, the identification credentials issued by the Corporation Commission as evidence of payment of the fee or tax as provided in Section 1120 or Section 1133 of this title. Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title. Revenue from such penalties shall be apportioned as provided in Section 1167 of this title; and 3. A penalty of not less than One Hundred Dollars ($100.00) shall be imposed for any person that fails to register any commercial vehicle subject to the Oklahoma Vehicle License and Registration Act. Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title. Revenue from such penalties shall be apportioned as provided in Section 1167 of this title. E. The Tax Commission Service Oklahoma , or the Corporation Commission with respect to vehicles registered under Section 1120 or Section 1133 of this title, shall assess the registration fees and penalties for the year or years a vehicle was not registered. For vehicles not registered for two (2) or more years, the registration fees and penalties shall be due only for the current year and one (1) previous year. F. In addition to any other penalty prescribed by law, there shall be a penalty of not less than Twenty Dollars ($20.00) upon a finding by an enforcement officer that: 1. The registration of a vehicle registered pursuant to Section 1132 of this title is expired and it is sixty (60) or more days after the end of the month of expiration; or 2. The registration fees for a vehicle that is subject to the registration fees pursuant to Section 1132 of this title have not been paid. Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title. Revenue from such penalties shall be apportioned as provided in Section 1167 of this title. G. If a vehicle is donated to a nonprofit charitable organization, the nonprofit charitable organization shall be exempt from paying any current or past due registration fees, excise tax, transfer fees, and penalties and interest. However, after the donation, if the person donating the vehicle, or someone on behalf of such person, purchases the same vehicle back from the nonprofit charitable organization to which the vehicle was donated, such person shall be liable for all current and past-due registration fees, excise tax, title or transfer fees, and penalties and interest on such vehicle. |SECTION 135. AMENDATORY 47 O.S. 2021, Section 1115.3, is amended to read as follows: Section 1115.3 A. Except as otherwise provided by this section, all-terrain vehicles, utility vehicles and motorcycles used exclusively off roads or highways shall be registered once with the Oklahoma Tax Commission Service Oklahoma within thirty (30) days after purchase. B. For all-terrain vehicles or motorcycles used exclusively off roads or highways purchased prior to July 1, 2005, registration, as otherwise required by Section 1115 of this title, shall not be required, but shall be allowed at the option of the owner of the all-terrain vehicle or motorcycle used exclusively off roads or highways. C. For utility vehicles used exclusively off roads or highways purchased prior to July 1, 2008, registration, as otherwise required by Section 1115 of this title, shall not be required but shall be allowed at the option of the owner of the utility vehicle used exclusively off roads or highways. D. All-terrain vehicles, utility vehicles or motorcycles used exclusively off roads or highways owned or purchased by a person that possesses an agricultural exemption pursuant to Section 1358.1 of Title 68 of the Oklahoma Statutes may be registered as provided by this section, but shall not require registration. E. Vehicles meeting the specifications and description of a street-legal utility vehicle as described in Section 1 1-171.1 of this act title shall be required to receive a certificate of registration, license plate and yearly decal before operation on the streets, county roads and state highways. |SECTION 136. AMENDATORY 47 O.S. 2021, Section 1116, as amended by Section 1, Chapter 543, O.S.L. 2021, is amended to read as follows: Section 1116. A. Twelve registration periods shall be established for vehicles required to be registered on a staggered basis. The registration periods shall start on the first day of each calendar month and shall end on the last day of that month. Unless otherwise provided, all such vehicles where the date of execution of transfer of ownership occurs in this state at any time during a calendar month shall be subject to registration and payment of the fee for the registration period commencing the first day of the month of such date of execution of transfer. B. A person who registers more than one vehicle may have all of such vehicles initially registered at the same time or at separate times. Any person who obtains a vehicle may, upon registration, have the registration period adjusted to allow future registration of all such vehicles at the same period or at a different period. C. 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 for a vehicle which is subject to the requirements of Section 1132 of this title, the registration periods for the vehicle may be combined into a single registration period. The Oklahoma Tax Commission Service Oklahoma shall determine, by rule, a method for adjusting the twelve-month period. |SECTION 137. AMENDATORY 47 O.S. 2021, Section 1117, is amended to read as follows: Section 1117. A. Unless otherwise provided by law, any person purchasing a new or used manufactured home or owning a manufactured home which has not been registered in this state shall register such manufactured home pursuant to the provisions of subsection B of this section and obtain a certificate of title as provided in Section 1105 of this title. B. The application for registration and certificate of title shall be made to the Oklahoma Tax Commission Service Oklahoma or to a motor license agent licensed operator . Such application shall be accompanied by the registration fees required by Section 1135 of this title and any penalties thereon. The application for registration and certificate of title shall include: 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; 4. The actual retail selling price of the manufactured home excluding Oklahoma taxes; and 5. Any other information which the Tax Commission 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. Upon the filing of an application for registration and certificate of title, the payment of fees as required by Section 1133 of this title, the excise tax as provided for in Section 2104.3 of Title 68 of the Oklahoma Statutes and the furnishing of proof satisfactory to the Tax Commission Service Oklahoma or motor license agent a licensed operator that all ad valorem taxes have been paid, the Tax Commission Service Oklahoma or motor license agent the licensed operator shall assign the manufactured home a distinctive number and shall issue to the owner of the manufactured home a certificate of title, a manufactured home registration receipt, Manufactured Home Registration Decal, a vehicle registration decal and an excise tax receipt. The certificate of title number shall be recorded in the computer data system required by Section 1113 of this title in order to collect and store information concerning the subsequent ad valorem tax payments for such manufactured home. The receipts and Manufactured Home Registration Decal shall be permanently attached to the title by the Tax Commission Service Oklahoma or agent the licensed operator . An excise tax receipt so attached shall constitute evidence of payment of the excise tax required by the provisions of Section 2104.3 of Title 68 of the Oklahoma Statutes. Thereafter, the owner of a manufactured home shall be assessed the ad valorem tax as provided in Section 2801 et seq. of Title 68 of the Oklahoma Statutes. A duplicate Manufactured Home Registration Decal shall be affixed inside the window nearest the front door of the manufactured home before it is moved upon any public roadway. C. If an applicant has satisfactorily shown to the Tax Commission Service Oklahoma or to a motor license agent licensed operator , that the applicant owns the manufactured home sought to be registered, but is unable to produce the documentary evidence of title, the Tax Commission Service Oklahoma or motor license agent the licensed operator may issue a manufactured home registration receipt, Manufactured Home Registration Decal, vehicle registration decal and excise tax receipt to the applicant. In such instances, the Tax Commission Service Oklahoma or motor license agent the licensed operator shall indicate on the receipt given the applicant the reason for not issuing a certificate of title. It shall be the duty of the applicant to immediately take all necessary steps to obtain an Oklahoma certificate of title. It shall be unlawful for such applicant to sell the manufactured home until such title has been obtained by the applicant. After receiving a certificate of title, the applicant shall then take such title, registration and excise tax receipts and Manufactured Home Registration Decal to the Tax Commission Service Oklahoma or motor license agent a licensed operator for permanent attachment of the receipts to the title. D. The Department of Public Safety shall issue a permit immediately to the holder of a perfected security interest or licensed representative thereof, if the holder or representative is bonded by the state, to move the manufactured home to a secure location with a repossession affidavit. However, all excise taxes and ad valorem taxes due on such a manufactured home shall be required to be paid within thirty (30) days of the issuance of the permit. A certificate of title for a manufactured home shall not be issued pursuant to a repossession prior to the furnishing of proof satisfactory to the Tax Commission Service Oklahoma or motor license agent a licensed operator that all ad valorem taxes due have been paid. E. The Department shall issue a permit immediately to a licensed manufactured home dealer to move a trade-in to a secure location with a trade-in affidavit. However, all excise taxes and ad valorem taxes due on such a manufactured home trade-in shall be required to be paid within thirty (30) days of the issuance of the permit. A certificate of title for a manufactured home trade-in shall not be issued prior to the furnishing of proof satisfactory to the Tax Commission Service Oklahoma or a motor license agent licensed operator that all ad valorem taxes due have been paid. A receipt evidencing payment of ad valorem taxes for the current year shall constitute satisfactory proof that all ad valorem taxes due have been paid. |SECTION 138. AMENDATORY 47 O.S. 2021, Section 1118, is amended to read as follows: Section 1118. A. The Oklahoma Tax Commission Service Oklahoma and motor license agents licensed operators shall issue a certificate of title which conforms to the provisions of Section 1117 of this title to any person applying for a certificate of title for a manufactured home. B. The Tax Commission Service Oklahoma shall provide each motor license agent licensed operator with a school district map of the county designating the boundaries of each school district and the code number of each district. C. The State Department of Education shall provide the Tax Commission Service Oklahoma with a school district map designating the boundaries of each school district and the code number of each district. D. The Tax Commission Service Oklahoma shall not be considered a necessary party to any lawsuit which is instigated for the purpose of determining ownership of a manufactured home, wherein the Tax Commission's Service Oklahoma's only involvement would be to issue title, and the court shall issue an order dismissing the Tax Commission Service Oklahoma from the pending action. |SECTION 139. AMENDATORY 47 O.S. 2021, Section 1119, is amended to read as follows: Section 1119. Upon proper registration and receipt of a certificate of title pursuant to the provisions of Section 1117 of this title by the person owning a new or used manufactured home, the Oklahoma Tax Commission Service Oklahoma shall furnish by June 1 and by December 31 of each year to the county assessor in the county in which the manufactured home is or is to be located the following information: 1. The name of the owner of the manufactured home; 2. The serial number or identification number of the manufactured home; 3. The legal description, the address, or the location where the manufactured home is to be located; 4. The actual retail selling price of the manufactured home, excluding Oklahoma state taxes; 5. The registration number issued for the manufactured home; and 6. Any other information necessary to enable the county assessor to list and assess the proper ad valorem tax required by Section 2801 et seq. of Title 68 of the Oklahoma Statutes. If ownership of such a manufactured home has passed by operation of law and a new certificate of title has been issued for such home, the Tax Commission Service Oklahoma shall also furnish such information to the appropriate county assessors. |SECTION 140. AMENDATORY 47 O.S. 2021, Section 1121, is amended to read as follows: Section 1121. A. When, at the time of registration of any vehicle, payment is made by check for fees and taxes and the check is not paid by the bank on which drawn for any reason, after said check has been presented for payment a second time, such certificate of registration and other such instruments issued at the time of registration of such vehicle shall be invalid. The motor license agent licensed operator shall transmit all documents and the dishonored check to the Oklahoma Tax Commission Service Oklahoma for credit to the motor license agent's licensed operator's account. The Commission Service Oklahoma may enter into a contract for the collection of dishonored checks and canceled instruments. In all such cases, such vehicles shall be subject to the license fees and penalties provided in this act as though no attempt to register the vehicle had been made and the motor license agent licensed operator shall charge the person issuing the check a fee of Twenty-five Dollars ($25.00) for each check to cover the costs of processing each returned check. An individual who subsequently purchases any such vehicle shall not be required, as a condition for registration of the vehicle, to pay any tax, fee or penalty due resulting from the dishonored check. A mortgagee who repossesses any such vehicle shall not be required, as a condition for registration of said vehicle, to pay the dishonored check penalties which had accrued as of the date of such repossession. B. Whenever payment is made by check for any Oklahoma driver license and the check is not paid by the bank on which drawn for any reason, after said check has been presented for payment a second time, such driver license shall be invalid and all driving privileges of the holder of the driver license shall be canceled. The motor license agent licensed operator shall transmit the dishonored check to the Oklahoma Tax Commission Service Oklahoma for credit to the motor license agents licensed operator's account. The Commission Service Oklahoma may enter into a contract for the collection of dishonored checks. The motor license agent licensed operator shall charge the person issuing the check a fee of Twenty- five Dollars ($25.00) for each check to cover the cost of processing each returned check. The motor license agent licensed operator shall transmit a copy of all documents associated with the application and issuance of the driver license and a copy of the dishonored check to the Department of Public Safety. |SECTION 141. AMENDATORY 47 O.S. 2021, Section 1122, is amended to read as follows: Section 1122. A. Whenever any nonresident owning any motor bus, truck, truck-tractor, trailer or semitrailer, which has been registered under the laws of another state and bears a current registration from such state, brings such vehicle into this state, for the purpose of using the vehicle for hire or other commercial purpose, for a temporary period of time not to exceed ninety (90) days, such person may, immediately after entering this state, upon the filing of an application therefor with the Commission Service Oklahoma , and the payment of a license fee equal to one-eighth (1/8) of the annual license fee required of such vehicle, register same for a period of thirty (30) days in lieu of obtaining an annual registration and license therefor; he may upon payment of one-fourth (1/4) of the annual license fee register it for a period of sixty (60) days or for ninety (90) days upon the payment of three-eighths (3/8) of the annual license fee in lieu of obtaining annual registration and license therefor. Upon failure of any person to obtain or renew this temporary license when first available, the fee due for the remaining portion of the year shall become due and must be paid. B. It will not be necessary for such person to obtain an Oklahoma certificate of title evidencing ownership of such vehicle, if the applicant therefor has been issued a valid certificate of title or ownership for such vehicle by his or her home state. The Commission Service Oklahoma will issue a certificate of registration covering each temporary license provided by the terms of this section. C. Provided, however, that the provisions of this section for temporary licenses shall not apply to the residents of any other state when the laws of such other state do not provide temporary licensing for approximately comparable license fees for vehicles being used in such other state by residents of Oklahoma under the same or substantially similar purposes, terms and conditions; and, provided further that, irrespective of the amount of the temporary license fees provided in this section, the amount of any temporary license fee for a vehicle of a resident of any such state shall be determined and fixed by the Commission Service Oklahoma in the amount, or the approximate total amount, of any license fee and any other taxes, including property and mileage taxes, required by the laws of such other state to be paid by a resident of Oklahoma making the same use of a similar vehicle in such state. |SECTION 142. AMENDATORY 47 O.S. 2021, Section 1123, is amended to read as follows: Section 1123. The Oklahoma Tax Commission Service Oklahoma is hereby authorized and empowered to enter into and make reciprocal compacts and agreements when the Commission Service Oklahoma deems same to be in the interest of the residents of the State of Oklahoma, with the proper authorities of other states, concerning all motor vehicles engaged in foreign and interstate commerce upon and over the public highways. Such compacts and agreements shall grant to the residents of other states privileges substantially like and equal to those granted by such states to Oklahoma residents; provided, that such compacts and agreements shall not supersede or suspend any laws, rules or regulations of this state applying to vehicles operated intrastate in this state. Privileges so granted shall extend only to persons who comply with the laws of the state of their residence. Such compacts and agreements shall not operate to supersede or suspend the application of any laws of this state, except insofar as they apply to the payment of vehicle license fees or other motor vehicle taxes charged residents of the states with which such compacts and agreements are made; provided, however, that the power and authority and discretion of the Corporation Commission to make and enforce rules and regulations governing motor carriers for hire, or to grant or deny certificates or permits to motor carriers for hire shall not be superseded or suspended by any such compact and agreement. |SECTION 143. AMENDATORY 47 O.S. 2021, Section 1127, is amended to read as follows: Section 1127. A. All vehicles owned by members of the Armed Forces of the United States, the Reserve Corps of the Armed Forces of the United States, and the Oklahoma National Guard or their spouses assigned to duty in this state in compliance with official military or naval orders or owned by the spouse, who resides in Oklahoma, of a member of the Armed Forces of the United States serving in a foreign country, which vehicles are not being used in a trade or business or for any commercial purpose, are hereby classified specially for vehicle license and registration purposes in this state. Any such vehicle which is not registered and licensed for the current year in the state of residence or domicile of the service member, Guardsman, or Reservist or of the spouse owning the vehicle must be registered for the current year in Oklahoma as herein provided, except that any such vehicle which has been licensed in some other state by such service member, Guardsman, Reservist, or spouse while the service member, Guardsman, or Reservist was stationed in the other state may be operated in this state for the remainder of the year or period for which it is licensed. If such vehicle currently is registered with the Armed Forces of the United States rather than being registered in a state and the service member, Guardsman, or Reservist is transferred to a duty station within this state pursuant to military orders, the service member, Guardsman, Reservist, or spouse owning the vehicle shall not be required to register the vehicle in this state for a period of thirty (30) days after the date the service member, Guardsman, or Reservist is required to report for duty pursuant to the military. The service member, Guardsman, Reservist, or spouse applying for the registration of any such vehicle shall submit an appropriate statement, to be attached to the vehicle registration application, showing the following: A description of the vehicle owned by the applicant; the state and address of the applicant's legal residence or domicile; and that the applicant or applicant's spouse is actively serving in the Armed Forces of the United States assigned or stationed at a named location in compliance with official military orders. The statement shall be signed by the applicant and certified to by a proper officer of the organization to which the service member, Guardsman, or Reservist is assigned for duty. Provided, in lieu of certification by an officer, the applicant may submit copies of written orders documenting that the service member, Guardsman, or Reservist is actively serving at the time of application for registration. The application shall be accompanied by a registration fee of Fifteen Dollars ($15.00). B. Any Oklahoma resident who is stationed out of state due to an official assignment of the Armed Forces of the United States or their spouse shall be entitled to register his or her vehicle or vehicles in this state for the same registration fee afforded members of the Armed Forces of the United States assigned to duty in this state pursuant to subsection A of this section. Such Oklahoma resident or their spouse who is stationed out of state due to an official assignment of the Armed Forces of the United States shall be exempt from the vehicle inspection requirements of Section 1105 of this title; provided, such Oklahoma resident or his or her spouse who is stationed out of state presents valid documentation acceptable to the Oklahoma Tax Commission Service Oklahoma evidencing that such inspection has been made by an out-of-state authority acceptable to the Tax Commission Service Oklahoma . Any Oklahoma resident who is stationed out of state due to an official assignment of the Armed Forces of the United States may authorize a designated representative to register his or her vehicle or vehicles as provided for in this subsection if the service member, Guardsman, or Reservist is not able to register the vehicle at the appropriate time. C. Any Oklahoma resident who is a member of the Armed Forces of the United States, Reserve Corps of the Armed Forces of the United States or the Oklahoma National Guard stationed outside of the state due to official assignment of the Armed Forces of the United States, or his or her spouse, shall be exempt from the penalties assessed pursuant to paragraph 4 of subsection C of Section 1115, subsection F of Section 1132 and subsection C of Section 1151 of this title for the duration of such official assignment and for a period of sixty (60) days after such assignment ends. If registration is not completed after the sixtieth day, the expiration date and the period for assessment of penalties shall commence on the sixty-first day. The exemption provided for in this section shall be granted only if the service member, Guardsman, Reservist, or spouse registering such vehicle submits an appropriate statement, to be attached to the vehicle registration application, showing the following: A description of the vehicle owned by the applicant; the state and address of the applicant's legal residence or domicile; and that the applicant or applicant's spouse is actively serving in the Armed Forces of the United States assigned or stationed at a named location outside the state in compliance with official military orders. The statement shall be signed by the applicant and certified to by a proper officer of the organization to which the service member, Guardsman, or Reservist is assigned for duty. Provided, in lieu of certification by an officer, the applicant may submit copies of written orders documenting that the service member, Guardsman, or Reservist is actively serving at the time of application for registration. D. The reduced registration fee provided herein shall not apply to vehicles owned by retired members of the Armed Forces, inactive members of the Reserve Corps of the Armed Forces, inactive members of the Oklahoma National Guard and other members and former members of the Armed Forces of the United States who are not actively serving. |SECTION 144. AMENDATORY 47 O.S. 2021, Section 1128, is amended to read as follows: Section 1128. A. Every person manufacturing or having a contract to sell new vehicles in this state shall file a verified application for a general distinctive number for all new vehicles owned or controlled by the manufacturer or dealer; provided, the Oklahoma Tax Commission Service Oklahoma shall issue a license to sell such new motor vehicles only for those types of new vehicles for which the applicant has a sales contract or franchise; provided, further, that no license shall be issued to any applicant that has not complied with the provisions of Sections 561 through 568 of this title and does not hold a current license issued by the Oklahoma Motor Vehicle Commission pursuant thereto. A separate manufacturer's or dealer's license shall be required for each separate county within which such manufacturer or dealer has an established place of business and upon payment of a license fee of Ten Dollars ($10.00) there shall be assigned and issued to such manufacturer or dealer a Certificate of Registration and one license plate which shall be displayed upon each vehicle of such manufacturer or dealer when same is operated, driven, or displayed on any street, road, or highway, in the same manner as hereinbefore provided for vehicles owned by other persons. Such a manufacturer or dealer in new vehicles may obtain as many additional license plates as may be desired, upon the payment of the sum of Ten Dollars ($10.00) for each additional plate; provided that no such license plate issued to any manufacturer or dealer shall be used or displayed upon any secondhand or used vehicle, or upon any new vehicle which is used for a service car, or private use, or for hire. Any person, with consent of the dealer, may operate a motor vehicle, with the dealer's tag affixed, while contemplating purchase, so long as this intent is limited to a consecutive seventy-two-hour period, or a weekend. An individual holding a valid salesman's license issued by the Oklahoma Motor Vehicle Commission shall not be subject to this limitation. If such person also buys and sells used vehicles, he shall, after obtaining his new motor vehicle dealer's license from the Oklahoma Motor Vehicle Commission, also obtain a used motor vehicle dealer's license, from the Used Motor Vehicle and Parts Commission, the cost of which shall be as prescribed in Section 1101 et seq. of this title. B. Each dealer and used motor vehicle dealer shall keep a record of the purchase and sale of each motor vehicle he buys or sells, which shall show the name of the seller or buyer as the case may be, and a complete description of the vehicle purchased or sold, and such other information as the Commission Service Oklahoma may prescribe. C. Application for manufacturer's or dealer's license must show that such dealer or manufacturer has not violated any of the provisions of this section; and such license shall be nonassignable; and any such license may be suspended temporarily or revoked by the Commission Service Oklahoma for violation or failure to comply with this section; provided, the holder of such license shall be given ten (10) days' notice of hearing to suspend or cancel such license. If any such person subject to any of the licenses required in this section fails to obtain it when due, a penalty of twenty-five cents ($0.25) per day on each such license shall be charged in the same manner as is now provided on delinquent motor vehicle registrations, and after a period of thirty (30) days such penalty shall be equal to the license fee. It shall be the duty of every person licensed to sell new or used motor vehicles to advise each purchaser in writing about his title requirements and payment of any taxes due. Each used motor vehicle must display a proper Oklahoma license plate or a used dealer's license plate. D. Every person engaged in the business of transporting and delivering new or used vehicles by driving, either singly or by towbar, saddle mount or full mount method, engaging in drive-away operations as defined in Section 3 of Title 85 of the Oklahoma Statutes, or any combination thereof, from the manufacturer or shipper to the dealer or consignee and using the public highways of this state shall file with the Commission Service Oklahoma a verified application for in-transit license plates to identify such vehicles. The application shall provide for a general distinctive number for all vehicles so transported. Upon payment of a license fee of Ten Dollars ($10.00) there shall be assigned and issued to such person one in-transit plate. Such in-transit plate shall be used by such person only on vehicles when so transported. Such person may obtain as many additional in-transit plates as desired upon payment of a fee of Ten Dollars ($10.00) for each additional plate. Provided, a used motor vehicle dealer shall use a used dealer license plate in lieu of the in-transit license plate for transporting a used motor vehicle and, in such cases, shall be exempt from making application for an in-transit license plate. Provided further, only a person who possesses a valid motor carrier authority issued by the Federal Motor Carrier Safety Administration, or a valid for-hire authority issued by the Corporation Commission may use the in-transit license plates obtained by them as herein authorized for transporting new or used manufactured homes from one location to another location within Oklahoma or from a point in another state to a point in this state. Nothing contained in this section shall relieve any person from the payment of license fees otherwise provided by law. When the Commission Service Oklahoma deems it advisable and in the public interest, it may require the holder of any in-transit license, or any person making application therefor, to file a proper surety bond in any amount it deems proper, not to exceed Ten Thousand Dollars ($10,000.00). E. The Oklahoma Tax Commission Service Oklahoma shall issue dealer licenses to new and used manufactured home dealers, new and used travel trailer dealers and new and used commercial trailer dealers. F. All licenses provided for in this section shall expire on December 31 of each year. |SECTION 145. AMENDATORY 47 O.S. 2021, Section 1129, is amended to read as follows: Section 1129. A. Special mobilized machinery shall not be subject to any section or provision of the Oklahoma Vehicle License and Registration Act, Section 1101 et seq. of this title, except the provisions of this section. Special mobilized machinery shall be permitted the use of the highways of this state when proper registration and permits, as provided in this section, are in the possession of the operator. B. Owners of qualifying equipment hereunder may elect to register such equipment either under this section or under other applicable provisions of this act. Application covering qualifying equipment may be made to the Oklahoma Tax Commission Service Oklahoma or their its authorized agents licensed operators for registering special mobilized machinery. Upon payment of a registration fee of Twenty-five Dollars ($25.00), the applicant shall be granted a certificate of registration in acknowledgment of qualification by the Commission Service Oklahoma . The certificate of registration must at all times be carried with the equipment and be available for inspection by an investigating officer. C. In addition to the registration fee, the Commission Service Oklahoma shall collect at time of registration an additional fee of Five Hundred Fifty Dollars ($550.00) per unit for equipment qualifying under the terms of this section. This fee of Five Hundred Fifty Dollars ($550.00) shall include the constitutional ad valorem tax and shall be allocated by the Commission Service Oklahoma in the same manner and percentage as registration and permit fees are presently allocated under the provisions of this act. Payment of this fee shall be due on January 1 of each calendar year and must be paid in no event later than February 1 of each calendar year. The penalty for noncompliance with this provision shall be a double fee in the amount of One Thousand One Hundred Dollars ($1,100.00). For qualifying equipment purchased during the calendar year, the Commission Service Oklahoma shall collect a fee which shall be pro rata of the annual fee as hereinbefore defined. Provided, however, the fee for qualifying equipment registered in another state and utilized for emergency or temporary service, not to exceed thirty (30) days, shall be calculated in the same manner as set forth in subsection A of Section 1122 of this title. D. Other provisions of this section relating to registration and other laws of this state relating to registration, fees, or licensing shall not apply to such special mobilized equipment when the same is manufactured in Oklahoma and sold for delivery and exclusive use without the state or when returned temporarily for modification or repair. In addition, the registration, fees, and licensing provisions of the laws of this state shall not apply to special mobilized equipment temporarily brought into the state, with subsequent movement back out of the state, solely for fabrication, repair, testing, alteration, modification, refurbishing, or maintenance. This subsection shall in no way exempt the equipment described herein from the levy of ad valorem taxes. |SECTION 146. AMENDATORY 47 O.S. 2021, Section 1130, is amended to read as follows: Section 1130. Any fees received by the Commission Service Oklahoma designated by law to be used for mailing of vehicle title registration or licenses as a result of the vehicle notification program shall be placed to the credit of the Oklahoma Tax Commission Service Oklahoma Revolving Fund. |SECTION 147. AMENDATORY 47 O.S. 2021, Section 1131, is amended to read as follows: Section 1131. The Oklahoma Tax Commission Service Oklahoma shall annually notify all persons within the state who have a previous registration on record of the period for registration renewal. The Tax Commission Service Oklahoma shall send the notifications to the electronic mail address provided by the person. If a person does not provide an electronic mail address then the Tax Commission Service Oklahoma shall notify the person through the mail. The notifications shall contain all necessary information for such registration and licensing including a breakdown of all charges to be paid by the owner and shall contain instructions as to the procedure for renewal upon presentation to a motor license agent licensed operator or by return mail to the Commission's Service Oklahoma's state office. The content and form of the notice shall be determined by the Commission Service Oklahoma . Use of a postcard or electronic mail type renewal notice is specifically permitted. The Commission Service Oklahoma shall provide information on its public website instructing persons on the procedure for obtaining an annual notification via electronic mail, outlining all charges and fees associated with the registration of a vehicle, as well as an explanation of the apportionment of vehicle fees and penalties. The cost of mailing shall be One Dollar ($1.00) for license plates and fifty cents ($0.50) for decals, titles or other forms or devices provided in this act. Provided, that the Commission Service Oklahoma may adjust any mailing costs as deemed appropriate to allow for increased or additional fees charged by the United States Postal Service. Failure by any applicant to receive notification of renewal as provided by this act shall not excuse the applicant from properly obtaining any registration or license at the proper time by presenting proof of ownership to the Commission's Service Oklahoma's state office or to a motor license agent licensed operator . |SECTION 148. AMENDATORY 47 O.S. 2021, Section 1132, as amended by Section 2, Chapter 543, O.S.L. 2021, 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 license plate must be surrendered to the Oklahoma Tax Commission Service Oklahoma or motor license agent a licensed operator . The physically disabled license plate must be properly displayed as required for a standard issue license plate and will be the sole license plate issued and assigned to the vehicle. The Oklahoma Tax Commission 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 motor license agent 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 motor license agent 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 the Oklahoma Tax Commission 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 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. No new decal shall be issued to the registrant. 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 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 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 the Oklahoma Tax Commission Service Oklahoma or any motor license agent licensed operator except as provided in subsection C of Section 1127 of this title. Of each 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 motor license agent licensed operator ; and 3. Fifty-eight cents ($0.58) shall be deposited in the General Revenue Fund. |SECTION 149. AMENDATORY 47 O.S. 2021, Section 1132.1, is amended to read as follows: Section 1132.1 A. There is levied and there shall be paid to the Oklahoma Tax Commission Service Oklahoma a fee of Three Dollars ($3.00) upon every vehicle to be registered or licensed, except for those licensed pursuant to subsection (c) of Section 1210.34 of Title 70 of the Oklahoma Statutes. Said fee shall accrue and shall be collectible upon each vehicle under the same circumstances and shall be payable in the same manner and times as apply to vehicle licenses and registrations under the provisions of the Oklahoma Vehicle License and Registration Act; provided, said fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year. B. Two-thirds of the monies collected pursuant to this section shall be transferred by the Tax Commission Service Oklahoma each month to the State Treasurer for deposit in the General Revenue Fund. For the fiscal year beginning July 1, 1999, of the remaining one-third of the monies collected pursuant to this section each fiscal year, the first Four Hundred Thousand Dollars ($400,000.00) shall be transferred by the Tax Commission Service Oklahoma to the State Treasurer for deposit in the Motor Vehicle Driver Education Revolving Fund created in Section 2 1132.2 of this act title and any amount in excess of Four Hundred Thousand Dollars ($400,000.00) shall be transferred by the Tax Commission Service Oklahoma to the State Treasurer for deposit in the General Revenue Fund. For the fiscal year beginning July 1, 2000, and for each fiscal year thereafter, of the remaining one-third of the monies collected pursuant to this section each fiscal year, the first Nine Hundred Thousand Dollars ($900,000.00) shall be transferred by the Tax Commission Service Oklahoma to the State Treasurer for deposit in the Motor Vehicle Driver Education Revolving Fund created in Section 2 1132.2 of this act title and any amount in excess of Nine Hundred Thousand Dollars ($900,000.00) shall be transferred by the Tax Commission Service Oklahoma to the State Treasurer for deposit in the General Revenue Fund. C. The collection and payment of said fee shall be a prerequisite to license or registration of any vehicle, except for those licensed pursuant to subsection (c) of Section 1210.34 of Title 70 of the Oklahoma Statutes. |SECTION 150. AMENDATORY 47 O.S. 2021, Section 1132.4, is amended to read as follows: Section 1132.4 A. In addition to other vehicle registration fees specified by law, there is levied and there shall be paid to the Oklahoma Tax Commission Service Oklahoma a fee of One Dollar ($1.00) upon every vehicle to be registered. The fee shall accrue and shall be collectible upon each vehicle under the same circumstances and shall be payable in the same manner and times as apply to vehicle registrations under the provisions of the Oklahoma Vehicle License and Registration Act; provided, the fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year. B. Revenue from the fee levied in subsection A of this section shall be apportioned as follows: 1. Fifty percent (50%) of the revenues shall be credited to the General Revenue Fund in the State Treasury; and 2. Fifty percent (50%) of the revenues shall be deposited to the Oklahoma Law Enforcement Retirement Fund; provided, the first Eight Hundred Fifty Thousand Dollars ($850,000.00) of the revenues apportioned pursuant to the provisions of this paragraph each fiscal year shall be deposited to the Department of Public Safety Patrol Vehicle Revolving Fund created in Section 2-143 of this title for the purpose of purchasing patrol vehicles and aircraft. C. The collection and payment of the fees specified in this section shall be a prerequisite to license or registration of any vehicles. |SECTION 151. AMENDATORY 47 O.S. 2021, Section 1132.5, is amended to read as follows: Section 1132.5 A. In addition to other vehicle registration fees specified by law, beginning September 1, 2003, through August 30, 2005, there is levied and there shall be paid to the Oklahoma Tax Commission Service Oklahoma a fee of Two Dollars ($2.00) upon every vehicle to be registered. The fee shall accrue and shall be collectible upon each vehicle under the same circumstances and shall be payable in the same manner and times as apply to vehicle registrations under the provisions of the Oklahoma Vehicle License and Registration Act; provided, the fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year. B. Revenue from the fee levied in subsection A of this section shall be transferred each month to the Department of Public Safety for deposit in the Department of Public Safety Revolving Fund. C. The collection and payment of the fee specified in this section shall be a prerequisite to licensing or registration of any vehicles. |SECTION 152. AMENDATORY 47 O.S. 2021, Section 1132.6, is amended to read as follows: Section 1132.6 A. In addition to other vehicle registration fees specified by law, there is levied and there shall be paid to the Oklahoma Tax Commission Service Oklahoma a fee of Three Dollars ($3.00) upon every motorcycle registered pursuant to Section 1132 of Title 47 of the Oklahoma Statutes for use on roads and highways. The fee shall accrue and shall be collectible upon each motorcycle registered for use on roads and highways under the same circumstances and shall be payable in the same manner and times as apply to the registration of motorcycles for use on roads and highways under the provisions of the Oklahoma Vehicle License and Registration Act; provided, the fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year. B. Revenue from the fee levied in subsection A of this section shall be transferred each month to the Department of Public Safety for deposit in the Motorcycle Safety and Education Program Revolving Fund created pursuant to Section 40-123 of Title 47 of the Oklahoma Statutes. C. The collection and payment of the fee specified in this section shall be a prerequisite to licensing or registration of any motorcycle. |SECTION 153. AMENDATORY 47 O.S. 2021, Section 1132.7, is amended to read as follows: Section 1132.7 A. In addition to other vehicle registration fees specified by law, for the year beginning January 1, 2018, and for each year thereafter, there is hereby levied and there shall be paid to the Oklahoma Tax Commission Service Oklahoma a Motor Fuels Tax Fee of: 1. One Hundred Dollars ($100.00) upon every electric-drive motor vehicle to be registered; and 2. Thirty Dollars ($30.00) upon every hybrid-drive motor vehicle to be registered. The fee shall accrue and shall be collectible upon each electric-drive motor vehicle and hybrid-drive motor vehicle under the same circumstances and shall be payable in the same manner and times as apply to vehicle registrations under the provisions of the Oklahoma Vehicle License and Registration Act; provided, the fee shall be paid in full for the then current year at the time any electric-drive motor vehicle or hybrid-drive motor vehicle is first registered in a calendar year. B. The collection and payment of the fee specified in this section shall be a prerequisite to licensing or registration of any electric-drive motor vehicle or hybrid-drive motor vehicle. C. Revenue from the fee provided for in subsection A of this section shall be deposited in the State Treasury to the credit of the State Highway Construction and Maintenance Fund created in Section 1501 of Title 69 of the Oklahoma Statutes. D. For purposes of this section: 1. "Electric-drive motor vehicle" means a vehicle subject to a registration fee as provided for in subsection A of Section 1132 of Title 47 of the Oklahoma Statutes that is propelled solely by electrical energy and is not capable of using gasoline, diesel or any other fuel for propulsion; and 2. "Hybrid-drive motor vehicle" means a vehicle subject to a registration fee as provided for in subsection A of Section 1132 of Title 47 of the Oklahoma Statutes that is capable of being propelled at least in part by electrical energy through the use of a battery storage system of at least four (4) kilowatt-hours, is capable of being recharged from an external source of electricity and is also capable of using gasoline, diesel fuel or alternative fuel to propel the vehicle. |SECTION 154. AMENDATORY 47 O.S. 2021, Section 1132A, is amended to read as follows: Section 1132A. A. In any online system which provides a service that a motor license agent licensed operator is authorized to provide pursuant to the Oklahoma Vehicle License and Registration Act there shall include a step where the individual shall select a motor license agent licensed operator in the state to process any online transaction. Said motor license agent licensed operator as defined in Section 1102 of this title does not include the Oklahoma Tax Commission Service Oklahoma . Any motor license agent licensed operator fees collected by a state agency shall be deposited into the General Revenue Fund. B. Motor license agents Licensed operators selected as provided in subsection A of this section shall receive all fees provided by the Oklahoma Vehicle License and Registration Act; provided, the amount of fees remitted to the motor license agent licensed operator for each online transaction processed by the motor license agent licensed operator through any online system shall be reduced by One Dollar and fifty-six cents ($1.56). C. The selection step required pursuant to subsection A of this section shall be installed and operational no later than January 1, 2021. |SECTION 155. AMENDATORY 47 O.S. 2021, Section 1132B, is amended to read as follows: Section 1132B. A. If any service or transaction which a motor license agent licensed operator is authorized by law to provide is administered through any state agency by means of an electronic transaction or online system, such agency shall include a step where the individual must select between any motor license agent licensed operator in the state and the agency for processing the service or transaction. This section shall not apply to registrations processed pursuant to Section 1120 of Title 47 of the Oklahoma Statutes. B. Motor license agents Licensed operators selected as provided in subsection A of this section shall receive all fees provided by statute for the service or transaction processed by the motor license agent licensed operator through any electronic transaction or online system administered by a state agency. |SECTION 156. AMENDATORY 47 O.S. 2021, Section 1133.3, is amended to read as follows: Section 1133.3 At the option of the owner, the Oklahoma Tax Commission Service Oklahoma is authorized to register boat trailers and utility-type trailers, which are not being utilized in a commercial capacity, on an annual basis for a fee of One Dollar ($1.00). |SECTION 157. AMENDATORY 47 O.S. 2021, Section 1134, is amended to read as follows: Section 1134. A. Upon each pickup, truck or truck-tractor owned and operated by one or more farmers and used primarily for farm use, and not for commercial or industrial purposes, the license fee shall be Thirty Dollars ($30.00). As used in this section, the term "pickup" shall mean a small, light truck with an open back or box used for hauling and designed primarily for the carrying of property rather than people. The term "truck" shall mean a motor vehicle designed or converted primarily for carrying or hauling farm commodities, property, livestock, or equipment, rather than people. B. The fees assessed pursuant to this section shall not apply to trailers or semitrailers or combinations thereof used primarily for farm use and for the transportation of products of the farm by the producer thereof. Such fee shall not apply to any trailer or semitrailer or combinations thereof when used primarily for the transportation of any article or articles owned by the operator of the trailer or semitrailer or combinations thereof and not used in the furtherance of or incident to any commercial or industrial enterprise. The provisions of Section 1134.2 of this title shall apply to any trailers or semitrailers when used primarily for the transportation of logs, ties, stave bolts and posts, direct from forest to sawmill. C. For the purpose of this section, a trailer or semitrailer or combination thereof owned by a farmer and used primarily for the purpose of transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon, and not for commercial or industrial purposes, may be registered for One Dollar ($1.00); provided, any such trailer used by the holder of a certificate of convenience and necessity issued by the Oklahoma Corporation Commission or the Interstate Commerce Commission shall be conclusively presumed to be used in and for a commercial use, and must be licensed as such, paying the license fees provided in Section 1133 of this title. D. Before a party shall be allowed to purchase a license plate or claim an exception or exemption under this section, the party shall: 1. Show an income tax Schedule F for the preceding year; or 2. Present a valid exemption card issued pursuant to the provisions of Section 1358.1 of Title 68 of the Oklahoma Statutes. A violation shall be grounds for revocation of driver's driver license. Any person who signs the affidavit as required by this section when the person does not believe that the information in the affidavit is true or knows it is not true, upon conviction, shall be guilty of perjury and shall be punished as provided for by law. E. Any person owning a truck upon which the farm truck license fee has been paid in Oklahoma for the current year and whose truck may be needed during grain harvests or other seasonal farming activities for hauling farm products other than his or her own, or for hauling gravel, shale or other road materials for rural roads, may make application with the Oklahoma Tax Commission Service Oklahoma for a short term commercial license for such truck for a period of time not to exceed ninety (90) days as provided for in subsection F of this section, or may make application in accordance with the Motor Carrier Harvest Permit Act of 2006 if applicable. F. Upon such application, the Tax Commission Service Oklahoma shall issue a temporary commercial truck license and register the truck upon payment of the following fees: 1. For thirty (30) days a fee equal to one-eighth (1/8) of the annual commercial license fee required for such truck . ; 2. For sixty (60) days a fee equal to one-fourth (1/4) of the annual commercial license fee required for such truck . ; and 3. For ninety (90) days a fee equal to three-eighths (3/8) of the annual commercial license fee required for such truck. G. Provided, however, the provisions of this section shall not apply to the transportation of persons or property for hire. |SECTION 158. AMENDATORY 47 O.S. 2021, Section 1134.1, is amended to read as follows: Section 1134.1 The following license fees shall be paid annually to the Oklahoma Tax Commission Service Oklahoma or the Oklahoma Corporation Commission, as applicable, upon the registration of the following vehicles ; : 1. For each taxicab with a seating capacity of ten (10) or less people, the license fee shall be Twenty-five Dollars ($25.00) and paid to the Oklahoma Tax Commission Service Oklahoma ; 2. For each school bus privately owned and used exclusively for transporting school children, the fee shall be based on seating capacity. For each such school bus with a seating capacity of fifteen (15) or less people, the fee shall be Twenty Dollars ($20.00). For each such school bus with a seating capacity of more than fifteen (15) people, the fee shall be Twenty-five Dollars ($25.00) and paid to the Oklahoma Tax Commission Service Oklahoma ; 3. For each intercity motor bus, the fee shall be based on seating capacity and paid to the Oklahoma Tax Commission Service Oklahoma , or for those buses registered under Section 1120 of this title, paid to the Oklahoma Corporation Commission. For each intercity motor bus with a seating capacity of eleven (11) or less people, the fee shall be Seven Dollars and fifty cents ($7.50) per seat. For each intercity motor bus with a seating capacity of over eleven (11) but not more than twenty-three (23) people, the fee shall be Nine Dollars ($9.00) per seat. For each intercity motor bus with a seating capacity of more than twenty-three (23) people, the fee shall be Ten Dollars ($10.00) per seat. The seating capacity shall be determined by the number of seats available for passengers where separate seats are used, or by allowing sixteen (16) inches of seating space where separate seats are not used. Provided, that upon all intercity motor buses the license fees provided herein shall after the first year's registration in this or any other state be assessed at eighty percent (80%) of the fee computed and assessed as provided herein; and thereafter shall be assessed at eighty percent (80%) of the previous year's fee so computed for seven (7) successive years, but in no event shall the fee be thus reduced below Ten Dollars ($10.00). Provided, that the Commission Service Oklahoma shall issue intercity motor bus registration certificates for motor buses having a seating capacity of not exceeding five (5) seats upon application and payment of necessary fee without further requirements; and 4. For each intracity motor bus, the fee shall be based on seating capacity and paid to the Oklahoma Tax Commission Service Oklahoma . For each intracity motor bus having a seating capacity of not to exceed eight (8) people, the fee shall be Forty Dollars ($40.00). For each intracity motor bus having a seating capacity in excess of eight (8) and not more than fifteen (15) people, the fee shall be Five Dollars ($5.00) per seat. For each intracity motor bus having a seating capacity in excess of fifteen (15) and not more than twenty-five (25) people, the fee shall be Six Dollars ($6.00) per seat. For each intracity motor bus having a seating capacity in excess of twenty-five (25) people, the fee shall be Seven Dollars ($7.00) per seat. Provided that after the first year's registration of any intracity bus in this or any other state, the license fee thereon shall be assessed at eighty percent (80%) of the fee computed and assessed for the first year, and thereafter, the fee shall be assessed and computed at eighty percent (80%) of the previous year's fee, and shall be so computed and assessed for the next seven (7) consecutive years, after the first year; provided further, that the fee shall not be reduced to less than Twenty-five Dollars ($25.00). |SECTION 159. AMENDATORY 47 O.S. 2021, Section 1134.2, is amended to read as follows: Section 1134.2 A. For each motor vehicle used primarily for the purpose of transporting unfinished and unprocessed forest products, logs, ties, stave bolts and posts, originating and produced in this state from the point of production or harvesting to the point at which they shall first undergo any processing, preparation for processing, conversion or transformation from their raw or natural state, the annual license fee shall be Two Hundred Fifty Dollars ($250.00). B. The Oklahoma Tax Commission Service Oklahoma shall design appropriate license plates for all vehicles registered pursuant to the provisions of this section. Such license plates shall be permanent in nature and shall be 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 or the vehicle is no longer used for the purposes specified in subsection A of this section. C. For purposes of this section, the term "motor vehicle" means a truck or truck-tractor or the combination of a truck or truck- tractor pulling a trailer or semitrailer. When a truck or truck- tractor pulling a trailer or semitrailer is licensed pursuant to the provisions of this section, a separate license plate shall be issued for each truck or truck-tractor and for each trailer or semitrailer for the fee prescribed in subsection A of this section. D. Before a person shall be allowed to license a vehicle pursuant to the provisions of this section, the person shall sign an affidavit attesting to the fact that he or she is familiar with the purposes for which vehicles may be used and that he or she will not use such vehicle for any other purpose. Any person who signs such an affidavit when such person does not believe that the information in the affidavit is true or knows it is not true, upon conviction, shall be guilty of perjury and shall be punished as provided for by law. A violation of the provisions of this section shall also be grounds for revocation of driver's driver license. |SECTION 160. AMENDATORY 47 O.S. 2021, Section 1134.3, is amended to read as follows: Section 1134.3 A. Each operator of a wrecker or towing service licensed pursuant to Sections 951 through 957 of this title operating a wrecker, wrecker vehicle, combination wrecker, combination wrecker vehicle, or any other motor vehicle which: 1. Is required to be registered in this state pursuant to the Oklahoma Vehicle License and Registration Act except for any vehicle which is properly registered on a proportional basis pursuant to Section 1120 of this title; and 2. Is used primarily for towing other motor vehicles shall register such vehicle in accordance with this section. B. The Oklahoma Tax Commission Service Oklahoma shall design an appropriate license plate for all wrecker vehicles registered pursuant to this section. Such license plates shall be permanent in nature and shall be 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 or the vehicle is no longer used for the purposes specified in Sections 951 through 957 of this title. C. When registering the vehicle, a person shall be required to submit to the Oklahoma Tax Commission Service Oklahoma or a motor license agent licensed operator a copy of the license issued pursuant to law to operate a wrecker or towing service. In addition, a security verification form as required pursuant to Sections 7-601.1 and 7-602 of this title shall be presented clearly setting forth on the face of such verification the vehicle identification number (VIN) of the vehicle being registered. D. The owner of any wrecker or towing vehicle not properly registered pursuant to this section or the Oklahoma Vehicle License and Registration Act shall be immediately notified in writing by the Tax Commission Service Oklahoma , and such owner shall be subject to any penalties and fines imposed by law for improper registration of a vehicle, for failure to register a vehicle, or for failure to display a proper commercial license plate and decal. The owner shall also be subject to revocation of the owner's license to operate a wrecker or towing service. E. Whenever a term defined in Section 951 of this title is used in this section, it shall have the meaning provided in that section. |SECTION 161. AMENDATORY 47 O.S. 2021, Section 1134.4, is amended to read as follows: Section 1134.4 A. For each motor vehicle registered in this state and used for the purpose of transporting cotton modules from the point of production to the first point of delivery or cotton gin, the annual license fee shall be Sixty Dollars ($60.00). Fees collected pursuant to this section shall be apportioned pursuant to Section 1104 of Title 47 of the Oklahoma Statutes. B. The Oklahoma Tax Commission Service Oklahoma shall design appropriate license plates for all vehicles registered pursuant to this section. The license plates shall be permanent in nature and shall be designed in a manner as to remain with the vehicle for the duration of the vehicle's life span or until the title is transferred or the vehicle is no longer used for the purposes specified in subsection A of this section. C. Any person, firm or corporation who transports cotton modules without the license required in this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as follows: 1. For the first such violation, by a fine of Five Hundred Dollars ($500.00); 2. For the second such violation, by a fine of One Thousand Dollars ($1,000.00); and 3. For the third and subsequent violations, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00). D. A motor vehicle subject to the license requirement in this section shall be exempt from the license required pursuant to Section 1133 of Title 47 of the Oklahoma Statutes. |SECTION 162. AMENDATORY 47 O.S. 2021, Section 1135.1, as amended by Section 3, Chapter 543, O.S.L. 2021, is amended to read as follows: Section 1135.1 A. The Oklahoma Tax Commission Service Oklahoma is hereby authorized to design and issue appropriate official special license plates to persons as provided by this section. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year. Except as provided in subsection B of this section, special license plates shall be renewed each year by the Tax Commission Service Oklahoma or a motor license agent licensed operator . The Tax Commission Service Oklahoma shall annually notify by mail all persons issued special license plates. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agent licensed operator or the Tax Commission Service Oklahoma . The license plates shall be issued on a staggered system. The motor license agent licensed operator fees shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the licensed operator fees shall be paid out of the Service Oklahoma Reimbursement Fund. On and after January 1, 2022, if a physically disabled license plate is issued pursuant to paragraph 3 of subsection B of this section, any registration fee required for such plate pursuant to this section and the fee required pursuant to Section 1132 of this title shall be remitted at the same time and subject to a single registration period. The Oklahoma Tax Commission Service Oklahoma shall determine, by rule, a method for making required fee and registration period 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 Section 1132 of this title. The combination of fees in a single remittance shall not alter the apportionment otherwise provided for in this section. B. The special license plates provided by this section are as follows: 1. Political Subdivision Plates - such plates shall be designed for any vehicle owned by any political subdivision of this state having obtained a proper Oklahoma certificate of title. Such political subdivisions shall file an annual report with the Tax Commission Service Oklahoma stating the agency where such vehicle is located. Such license plates shall be permanent in nature and designed in such a manner as to remain with the vehicle for the duration of the life span of the vehicle or until the title is transferred to an owner who is not a political subdivision. The registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title; 2. Tax-Exempt or Nonprofit License Plates - such plates shall be designed for: a. any motor bus, manufactured home, or mobile chapel and power unit owned and operated by a religious corporation or society of this state holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C., Section 501(a), and listed as an exempt organization in Section 501(c)(3) of the Internal Revenue Code, as amended, 26 U.S.C., Section 501(c)(3), and that is used by the corporation or society solely for the furtherance of its religious functions, b. any vehicle owned and operated only by nonprofit organizations devoted exclusively to youth programs including, but not limited to, the Girl Scouts and Boy Scouts of America, c. any vehicle, except passenger automobiles, owned or operated by nonprofit organizations actually involved in programs for the employment of the handicapped and used exclusively in the transportation of goods or materials for such organization, d. any vehicle owned and operated by a nonprofit organization that provides older persons transportation to and from medical, dental and religious services and relief from business and social isolation, e. any vehicle owned and operated by a private nonprofit organization that: (1) warehouses and distributes surplus foods to other nonprofit agencies and organizations, and (2) holds a valid exemption from taxation issued pursuant to Section 501(c) of the Internal Revenue Code, as amended, 26 U.S.C., Section 501(c), and listed as an exempt organization in Section 501(c)(3) of the Internal Revenue Code, as amended, and (3) uses such vehicle exclusively for the transportation of such surplus foods, f. any vehicle which: (1) is owned and operated by a private, nonprofit organization which is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which is primarily funded by a fraternal or civic service organization with at least one hundred local chapters or clubs, and (2) is designed and used to provide mobile health screening services to the general public at no cost to the recipient, and for which no reimbursement of any kind is received from any health insurance provider, health maintenance organization or governmental program, or g. any vehicle owned and operated by the Civil Air Patrol, a congressionally chartered corporation that also serves an auxiliary of the United States Air Force and which is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and is used exclusively for its corporate missions of aerospace education, cadet programs and emergency services. Such license plates shall be permanent in nature and designed in such a manner as to remain with the vehicle for the duration of the life span of the vehicle or until the title to such vehicle is transferred to an owner who is not subject to this exemption. Such vehicles shall be exempt from the registration fees levied under Section 1132 of this title, except that an initial registration fee of Twenty-five Dollars ($25.00) shall apply to each vehicle. Any person claiming to be eligible for a tax-exempt or nonprofit license plate under the provisions of this paragraph must have the name of the tax-exempt or nonprofit organization prominently displayed upon the outside of the vehicle, except those vehicles registered pursuant to the provisions of subparagraph b of this paragraph, unless such display is prohibited by federal or state law or by state agency rules. No vehicle shall be licensed as a tax- exempt or nonprofit vehicle unless the vehicle has affixed on each side thereof, in letters not less than two (2) inches high and two (2) inches wide, the name of the tax-exempt or nonprofit organization or the insignia or other symbol of such organization which shall be of sufficient size, 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. Except as provided in subparagraph g of this paragraph, the registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title; 3. Physically Disabled License Plates - such plates shall be designed for persons who are eligible for a physically disabled placard under the provisions of Section 15-112 of this title. It shall prominently display the international accessibility symbol, which is a stylized human figure in a wheelchair. The Tax Commission Service Oklahoma shall also design physically disabled license plates for motorcycles owned by persons who are eligible for a physically disabled placard pursuant to the provisions of Section 15-112 of this title. Upon the death of the physically disabled person, the disabled license plate shall be returned to the Tax Commission Service Oklahoma . There shall be no fee for such plate in addition to the rate provided by the Oklahoma Vehicle License and Registration Act for the registration of the vehicle. For an additional fee of Ten Dollars ($10.00), a person eligible for a physically disabled license plate shall have the option of purchasing a duplicate physically disabled special license plate which shall be securely attached to the front of the vehicle. The original physically disabled special license plate shall be securely attached to the rear of the vehicle at all times. Any person who is eligible for a physically disabled license plate and whose vehicle has had modifications because of the physical disability of the owner or of a family member within the second degree of consanguinity of the owner, may register the vehicle for a flat fee of Twenty-five Dollars ($25.00). This fee shall be in lieu of all other registration fees provided by the Oklahoma Vehicle License and Registration Act; 4. Indian Tribal License Plates - such plates shall be designed for any vehicle of a native American Indian Tribal Association exempted in Sections 201 through 204 of Public Law 97-473 and used by the tribal association exclusively for the furtherance of its tribal functions. The registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title; 5. Hearing Impaired License Plates - such plates shall be designed for persons who are hearing impaired. Such persons may apply for a hearing-impaired license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon the presentment of an application on a form furnished by the Tax Commission Service Oklahoma and certified by a physician holding a valid license to practice pursuant to the licensing provisions of Title 59 of the Oklahoma Statutes, attesting that the person is hearing impaired. The license plate shall be designed so that such persons may be readily identified as being hearing impaired. There shall be no additional fee for the plate, but all other registration fees provided by the Oklahoma Vehicle License and Registration Act shall apply; 6. Antique or Classic Vehicles License Plates - such plates shall be designed and issued for any vehicle twenty-five (25) years of age or older, based upon the date of manufacture thereof and which travels on the highways of this state primarily incidental to historical or exhibition purposes only. The registration fee shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title. Any person registering an antique or classic vehicle may elect to have the vehicle registered for a ten-year period. The registration fee for the elected ten-year registration shall be Seventy-five Dollars ($75.00). The motor license agent licensed operator registering the antique or classic vehicle for a ten-year period shall receive one hundred percent (100%) of the fees the motor license agent licensed operator would have otherwise received pursuant to subsection A of Section 1141.1 of this title if the antique or classic vehicle had been registered on an annual basis; and 7. Honorary Consul License Plates - such plates shall be designed to include the words "Honorary Consul" and issued to persons who are honorary consuls authorized by the United States to perform consular duties. Persons applying for such license plates must show proof of standing as an honorary consul. The fee for such plate shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees required by the Oklahoma Vehicle License and Registration Act. The owner of the vehicle that possesses such license plates shall return the special license plates to the Oklahoma Tax Commission Service Oklahoma if the owner disposes of the vehicle during the registration year or ceases to be authorized to perform consular duties. C. Special license plates provided by this section shall be designed in such a manner as to identify the use or ownership of the vehicle. Use of any vehicle possessing a special license plate provided by this section for any purpose not specified herein shall be grounds for revocation of the special license plate and registration certificate. D. The fees provided by this section shall be deposited in the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the fees provided by this section shall be deposited in the Service Oklahoma Reimbursement Fund. |SECTION 163. AMENDATORY 47 O.S. 2021, Section 1135.2, as amended by Section 4, Chapter 543, O.S.L. 2021, is amended to read as follows: Section 1135.2 A. The Oklahoma Tax Commission Service Oklahoma is hereby authorized to design and issue appropriate official special license plates to persons in recognition of their service or awards as provided by this section. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year. Special license plates shall be renewed each year by the Tax Commission Service Oklahoma or a motor license agent licensed operator . The Tax Commission Service Oklahoma shall annually notify by mail all persons issued special license plates. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agent licensed operator or the Tax Commission Service Oklahoma . The license plates shall be issued on a staggered system except for legislative plates and amateur radio operator license plates. The Tax Commission Service Oklahoma is hereby directed to develop and implement a system whereby motor license agents licensed operators are permitted to accept applications for special license plates authorized under this section. The motor license agent licensed operator shall confirm the applicant's eligibility, if applicable, collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly. For performance of these duties, motor license agents licensed operators shall retain the fee provided in Section 1141.1 of this title for registration of a motor vehicle. The motor license agent licensed operator fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the licensed operator fees for acceptance of applications and renewals shall be paid out of the Service Oklahoma Reimbursement Fund. B. The special license plates provided by this section are as follows: 1. Prisoner of War License Plates - such plates shall be designed for honorably discharged or present members of the United States Armed Forces and civilians who were former prisoners of war held by a foreign country and who can provide proper certification of that status. Such persons may apply for a prisoner of war license plate for no more than two vehicles with each vehicle having a rated carrying capacity of one (1) ton or less. The surviving spouse of any deceased former prisoner of war, if the spouse has not since remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, may apply for a prisoner of war license plate for one vehicle with a rated carrying capacity of one (1) ton or less. The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title; 2. National Guard License Plates - such plates shall be designed for active or retired members of the Oklahoma National Guard. Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually; 3. Air National Guard License Plates - such plates shall be designed for active or retired members of the Oklahoma Air National Guard. Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually; 4. United States Armed Forces License Plates - such plates shall be designed for active, retired, former or reserve members of the United States Armed Forces, and shall identify which branch of service, and carry the emblem and name of either the Army, Navy, Air Force, Marines or Coast Guard, according to the branch of service to which the member belongs or did belong. Former members who have been dishonorably discharged shall not be eligible for such plates. Persons applying for such license plate must show proof of present or past military service by presenting a valid Uniformed Services Identity Card or the United States Department of Defense Form (DD)214. Retired or former members who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually; 5. Congressional Medal of Honor Recipient License Plates - such plates shall be designed for any resident of this state who has been awarded the Congressional Medal of Honor. Such persons may apply for a Congressional Medal of Honor recipient license plate for each vehicle with a rated carrying capacity of one (1) ton or less. There shall be no registration fee for the issuance of this plate; 6. Missing In Action License Plates - such plates shall be designed to honor members of the United States Armed Forces who are missing in action. The spouse of such missing person, if the spouse has not since remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, and each parent of the missing person may apply for a missing in action license plate upon presenting proper certification that the person is missing in action and that the person making the application is the qualifying spouse or the parent of the missing person. The qualifying spouse and each parent of the missing person may each apply for the missing in action license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 7. Purple Heart Recipient License Plates - such plates shall be designed for any resident of this state presenting proper certification from the United States Department of Veterans Affairs or the Armed Forces of the United States certifying that such resident has been awarded the Purple Heart military decoration. Such persons may apply for a Purple Heart recipient license plate for vehicles having a rated carrying capacity of one (1) ton or less. The surviving spouse of any deceased veteran who has been awarded the Purple Heart military decoration, if such spouse has not since remarried, or if remarried, the remarriage has been terminated by death, divorce or annulment, may apply for such plate for one vehicle with a rated carrying capacity of one (1) ton or less. The license plate created by this paragraph shall be exempt from the fee provided by this section for special license plates; 8. Pearl Harbor Survivor License Plates - such plates shall be designed for any resident of this state who can be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States as being: a. a member of the United States Armed Forces on December 7, 1941, b. stationed on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three (3) miles, and c. a recipient of an honorable discharge from the United States Armed Forces. Such person may apply for a Pearl Harbor Survivor license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 9. Iwo Jima License Plates - such plates shall be designed for any resident of this state who can be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States as being: a. a member of the United States Armed Forces in February of 1945, b. stationed in February of 1945 on or in the immediate vicinity of the island of Iwo Jima, and c. a recipient of an honorable discharge from the United States Armed Forces. Such person may apply for an Iwo Jima license plate for each vehicle with a rated carrying capacity of one (1) ton or less. Such license plate shall have the legend "Oklahoma OK" and shall contain three letters and three numbers. Between the letters and numbers shall be a logo of the flag-raising at Iwo Jima. Below the letters, logo and numbers, the plate shall contain the words "FEB." at the left, "Iwo Jima" in the center and "1945" at the right. Such plates shall not be subject to the design requirements of any other license plates prescribed by law other than the space for the placement of the yearly decals for each succeeding year of registration after the initial issue; 10. D-Day Survivor License Plates - such plates shall be designed for any resident of this state who can be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States as being: a. a member of the United States Armed Forces on June 6, 1944, b. a participant in the Allied invasion of the coast of Normandy on June 6, 1944; provided, if such participation cannot be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States, the Tax Commission Service Oklahoma may, in its discretion, accept evidence of such participation from the person applying for the license plate, and c. a recipient of an honorable discharge from the United States Armed Forces. Such person may apply for a D-Day Survivor license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 11. Killed in Action License Plates - such plates shall be designed to honor members of the United States Armed Forces who were killed in action. The spouse of the deceased person, if the spouse has not remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, may apply for a killed in action license plate upon presenting proper certification that the person was killed in action and that the person making the application is the qualifying spouse of the deceased person. The qualifying spouse may apply for a killed in action license plate for no more than two vehicles with each vehicle with a rated carrying capacity of one (1) ton or less. The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title. Beginning on the effective date of this section of this act, the killed in action license plate shall be designed to honor members of the United States Armed Forces who were killed in action while engaged in combat with a hostile force. The parents, siblings, half-siblings, grandparents or spouse of the deceased person, if the spouse has not remarried, or if remarried, the remarriage is terminated by death, divorce or annulment, may apply for a killed in action license plate upon presenting proper certification that the person was killed in action and that the person making the application is the qualifying spouse or family member of the deceased person. The qualifying spouse or family member may apply for a killed in action license plate for no more than two vehicles with each vehicle with a rated carrying capacity of one (1) ton or less. The license plate shall have a white background and the legend "Killed in Action" and shall contain any combination of numbers and letters from one to a maximum of seven in black, as for personalized license plates. To the left of the numbers and letters shall be the Battlefield Cross in gold. The killed in action license plate shall be exempt from any minimum issuance criteria related to license plate applications; 12. Gold Star Families License Plates - such plates shall be designed to honor members of the United States Armed Forces who were killed while on active duty. The parents, siblings, half-siblings or grandparents of the deceased person may apply for a gold star license plate upon presenting proper certification that the person was killed while on active duty and that the person making the application is the parent, sibling, half-sibling or grandparent of the deceased person. The family member may apply for a gold star families license plate for no more than two vehicles with each vehicle having a rated carrying capacity of one (1) ton or less. The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title; 13. Military Decoration License Plates - such plates shall be designed for any resident of this state who has been awarded the Distinguished Service Medal, the Distinguished Service Cross, the Distinguished Flying Cross, the Bronze Star military decoration or the Silver Star military decoration. Such persons may apply for a military decoration license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 14. Vietnam Veteran License Plates - such plates shall be designed for honorably discharged or present members of the United States Armed Forces who served in the Vietnam Conflict. Such persons may apply for a Vietnam veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 15. Police Officer License Plates - such plates shall be designed for any currently employed, reserve or retired municipal police officer or full-time, reserve or retired university police officer certified by the Council on Law Enforcement Education and Training or common education police officer certified by the Council on Law Enforcement Education and Training. Police officers may apply for police officer license plates for vehicles with a rated capacity of one (1) ton or less or for a motorcycle upon proof of employment by or retirement from a municipal, university or common education police department by either an identification card or letter from the chief of the police department or the Oklahoma Police Pension and Retirement Board. Retirees who are eligible for such plates shall provide proof of eligibility upon initial application but shall not be required to provide proof of eligibility annually. The license plates shall be designed in consultation with municipal police departments of this state; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate; 16. World War II Veteran License Plates - such plates shall be designed to honor honorably discharged former members of the United States Armed Forces who are residents of this state and who can be verified by the Oklahoma Military Department, the Department of Veterans Affairs or the Armed Forces of the United States as having served on federal active duty anytime during the period from September 16, 1940, to December 7, 1945. The former members may apply for a World War II Veteran license plate for vehicles with a rated carrying capacity of one (1) ton or less. The license plate shall have the legend "Oklahoma" and shall contain, in the center of the plate, either the Thunderbird Insignia of the 45th Infantry Division in the prescribed red and gold coloring or the emblem of the Army, Navy, U.S. Army Air Corps, Marines or Coast Guard according to the branch of service to which the member belonged. For the purpose of license plate identification, the plate shall contain four digits, two digits at the left and two digits at the right of the insignia or emblem. Centered on the bottom of the license plate shall be the words "WORLD WAR II"; 17. Korean War Veteran License Plates - such plates shall be designed to honor honorably discharged former members of the United States Armed Forces who are residents of this state and who can be verified by the Oklahoma Military Department, the Department of Veterans Affairs or the Armed Forces of the United States as having served on federal active duty anytime during the period from June 27, 1950, to January 31, 1955, both dates inclusive. The former members may apply for a Korean War Veteran license plate for vehicles with a rated carrying capacity of one (1) ton or less. The license plate shall have the legend "OKLAHOMA" and shall contain, in the center of the plate, either the Thunderbird Insignia of the 45th Infantry Division in the prescribed red and gold coloring or the emblem of the Army, Navy, Air Force, Marines or Coast Guard according to the branch of service to which the member belonged. For the purpose of license plate identification, the plate shall contain four digits, two digits at the left and two digits at the right of the insignia or emblem. Centered on the bottom of the license plate shall be the word "KOREA"; 18. Municipal Official License Plates - such plates shall be designed for persons elected to a municipal office in this state and shall designate the name of the municipality and the district or ward in which the municipal official serves. The plates shall only be produced upon application; 19. Red Cross Volunteer License Plates - such plates shall be designed to honor American Red Cross volunteers and staff who are residents of this state. Such persons must present an identification card issued by the American Red Cross and bearing a photograph of the person. The license plate shall be designed with the assistance of the American Red Cross and shall have the legend "Oklahoma OK!" in the color Pantone 186C Red. Below the legend the symbol of the American Red Cross and no more than three letters and three numbers shall be in the color Pantone 186C Red. Below the symbol and letters and numbers shall be the words "American Red Cross" in black. The plates shall not be subject to the design requirements of any other license plates prescribed by law other than the space for the placement of the yearly decals for each succeeding year of registration after the initial issue; 20. Desert Storm License Plates - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who served in the Persian Gulf Crisis and the Desert Storm operation. Such persons may apply for a Desert Storm license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 21. Military Reserve Unit License Plates - such plates shall be designed and issued to any honorably discharged or present member of a reserve unit of the United States Armed Forces. Such persons may apply for a Military Reserve Unit license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 22. Oklahoma City Bombing Victims and Survivors License Plates - such plates shall be designed and issued to any victim or survivor of the bombing attack on the Alfred P. Merah Federal Building in downtown Oklahoma City on April 19, 1995; 23. Civil Air Patrol License Plates - such plates shall be designed and issued to any person who is a member of the Civil Air Patrol. Such persons may apply for a Civil Air Patrol license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of membership in the Civil Air Patrol. The license plate shall be designed in consultation with the Civil Air Patrol; 24. Ninety-Nines License Plates - such plates shall be designed and issued to members of the Ninety-Nines. Persons applying for such license plate must show proof of membership in the Ninety- Nines. The license plates shall be designed in consultation with the Ninety-Nines; 25. Combat Infantryman Badge License Plates - such plates shall be designed to honor recipients of the Combat Infantryman Badge. The plate shall have the legend "Oklahoma OK". Below the legend shall be the Combat Infantryman Badge and three numbers. Below the badge and the numbers shall be the words "Combat Infantryman Badge". Such persons may apply for a Combat Infantryman Badge license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 26. Somalia Combat Veterans License Plates - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who saw combat in the United Nations relief effort. Such persons may apply for a Somalia Combat Veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 27. Police Chaplain License Plates - such plates shall be designed and issued to members of the International Conference of Police Chaplains (ICPC) who have completed the ICPC requirements for basic certification as a police chaplain. The license plates shall be designed in consultation with the ICPC; 28. Joint Service Commendation Medal License Plates - such plates shall be designed and issued to any resident of this state who has been awarded the Joint Service Commendation Medal by the United States Secretary of Defense; 29. Merchant Marine License Plates - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma by the Oklahoma Department of Veterans Affairs, and issued to any person who during combat was a member of the Merchant Marines as certified by the Oklahoma Department of Veterans Affairs. Such license plate may be issued for each vehicle with a rated carrying capacity of one (1) ton or less; 30. Legislative License Plates - such plates shall be designed for persons elected to the Oklahoma Legislature and shall designate the house of the Legislature in which the legislator serves and the district number; 31. Disabled Veterans License Plates - such plates shall be designed for persons presenting proper certification from the United States Department of Veterans Affairs or the Armed Forces of the United States certifying such veteran has a service-connected disability rating of fifty percent (50%) or more, regardless which agency pays the disability benefits, or that such veteran has been awarded a vehicle by the United States government or receives a grant from the United States Department of Veterans Affairs for the purchase of an automobile due to a service-connected disability rating or due to the loss of use of a limb or an eye. Such persons may apply to the Tax Commission Service Oklahoma for a disabled veterans license plate or to a motor license agent licensed operator for a regular license plate for no more than two vehicles with each vehicle having a rated carrying capacity of one (1) ton or less. The surviving spouse of any deceased disabled veteran, if the spouse has not since remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, or a surviving spouse in receipt of Dependency and Indemnity Compensation from the United States Department of Veterans Affairs, may apply for a disabled veterans license plate for one vehicle with a rated carrying capacity of one (1) ton or less. The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title. The total expense of this license plate shall not exceed Five Dollars ($5.00). If the person qualifies for a disabled veterans license plate and is also eligible for a physically disabled placard under the provisions of Section 15-112 of this title, the person shall be eligible to receive a disabled veterans license plate that also displays the international accessibility symbol, which is a stylized human figure in a wheelchair. Upon the death of the disabled veteran with a disabled veterans license plate with the international accessibility symbol, the plate shall be returned to the Tax Commission Service Oklahoma ; 32. United States Air Force Association License Plates - such plates shall be designed for members of the United States Air Force Association. Persons applying for such license plate must show proof of membership in the Association. The license plates shall be designed in consultation with the Association; 33. Oklahoma Military Academy Alumni License Plates - such plates shall be designed and issued to any resident of this state who is an alumnus of the Oklahoma Military Academy. Such persons may apply for an Oklahoma Military Academy Alumnus license plate for each vehicle with a rated carrying capacity of one (1) ton or less. The license plates shall be designed in consultation with the Oklahoma Military Academy and shall contain the shield of the Academy; 34. Amateur Radio Operator License Plates - such plates shall be designed and issued to any person, holding a valid operator's license, technician class or better, issued by the Federal Communications Commission, and who is also the owner of a motor vehicle currently registered in Oklahoma, in which has been installed amateur mobile transmitting and receiving equipment. Eligible persons shall be entitled to two special vehicle identification plates as herein provided. Application for such identification plates shall be on a form prescribed by the Tax Commission Service Oklahoma and the plates issued to such applicant shall have stamped thereon the word "Oklahoma" and bear the official call letters of the radio station assigned by the Federal Communications Commission to the individual amateur operator thereof. All applications for such plates must be made to the Tax Commission Service Oklahoma on or before the first day of October of any year for such plates for the following calendar year and must be accompanied by the fee required in this section together with a certificate, or such other evidence as the Tax Commission Service Oklahoma may require, of proof that applicant has a valid technician class or better amateur operator's license and proof of applicant's ownership of a vehicle in which radio receiving and transmitting equipment is installed. Applicants shall only be entitled to one set of special identification plates in any one (1) year, and such calendar year shall be stamped thereon. The right to such special identification plates herein provided for shall continue until the amateur radio operator's license of the person to whom such plates are issued expires or is revoked; 35. American Legion License Plates - such plates shall be designed for members of the American Legion. Persons applying for such license plate must show proof of membership. The license plates shall be designed in consultation with the American Legion of Oklahoma; 36. Deputy Sheriff License Plates - such plates shall be designed for any currently employed or retired county sheriff or deputy sheriff. County sheriffs or deputy sheriffs may apply for such plates for vehicles with a rated capacity of one (1) ton or less upon proof of employment by or retirement from a county sheriff's office by either an identification card or letter from the county sheriff or a government-sponsored retirement board from which the county sheriff or deputy sheriff may be receiving a pension. Retirees who are eligible for such plates shall provide proof of eligibility upon initial application but shall not be required to provide proof of eligibility annually. The license plates shall be designed in consultation with the county sheriff offices of this state; 37. Gold Star Surviving Spouse License Plates - such plates shall be designed to honor the surviving spouses and children of qualified veterans. As used in this paragraph, "qualified veteran" shall mean: a. any person honorably discharged from any branch of the United States Armed Forces or as a member of the Oklahoma National Guard, who died as a direct result of the performance of duties for any branch of the United States Armed Forces or Oklahoma National Guard while on active military duty, or b. any person honorably discharged from any branch of the United States Armed Forces or as a member of the Oklahoma National Guard, who died as a result of injury, illness or disease caused by the performance of such duties while on active duty, whether the death occurred while on active duty or after the honorable discharge of such person. The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title; 38. Korea Defense Service Medal License Plates - such plates shall be designed and issued to any resident of this state who has been awarded the Korea Defense Service Medal by the United States Secretary of Defense. Such persons may apply for a Korea Defense Service Medal license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 39. 180th Infantry License Plates - such plates shall be designed for members and prior members of the 180th Infantry. Persons applying for such license plate must obtain and provide proof of their membership from the 180th Infantry Association. The license plates shall be designed in consultation with the 180th Infantry; 40. Operation Iraqi Freedom Veteran License Plates - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who served in Operation Iraqi Freedom. Such person may apply for an Operation Iraqi Freedom Veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less, or for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate; 41. United States Air Force Academy Alumni License Plates - such plates shall be designed and issued to any resident of this state who is an alumnus of the United States Air Force Academy. Such persons may apply for a United States Air Force Academy Alumnus license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 42. Operation Enduring Freedom Veteran License Plate - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who served in Operation Enduring Freedom on or after September 11, 2001. The license plate shall be designed in consultation with the Military Department of the State of Oklahoma. Such person may apply for an Operation Enduring Freedom Veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less, or for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate; 43. Military Multi-Decoration License Plate - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who qualifies for more than one military decoration license plate pursuant to the provisions of this section. The Tax Commission Service Oklahoma shall develop and implement a system whereby the designs of the eligible license plates can be included together on a single license plate. Such person may apply for a Military Multi-Decoration license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 44. Global War on Terror Expeditionary License Plate - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who has earned a Global War on Terror Expeditionary decoration. The license plate shall be designed in consultation with the United States Institute of Heraldry and the Military Department of the State of Oklahoma. Such person may apply for a Global War on Terror Expeditionary license plate for each vehicle with a rated carrying capacity of one (1) ton or less; 45. Legion of Merit Medal Recipient License Plates - such plates shall be designed for any resident of this state presenting proper certification from the United States Department of Veterans Affairs or the Armed Forces of the United States certifying that such resident has been awarded the Legion of Merit military decoration. Such persons may apply for a Legion of Merit recipient license plate for vehicles having a rated carrying capacity of one (1) ton or less. The license plate shall be designed in consultation with the Military Department of the State of Oklahoma; 46. 1-179th License Plates - such plates shall be designed for members, prior members and members of the household of a member or former member of the 1-179th Infantry. Persons applying for such license plate must obtain and provide proof of their membership association with the 1-179th Infantry Association. The license plate shall be designed in consultation with the 1-179th Infantry; 47. 2-179th License Plates - such plates shall be designed for members, prior members and members of the household of a member or former member of the 2-179th Infantry. Persons applying for such license plate must obtain and provide proof of their membership association with the 2-179th Infantry Association. The license plate shall be designed in consultation with the 2-179th Infantry; 48. Combat Action Ribbon Recipient License Plates - such plates shall be designed to honor recipients of the Combat Action Ribbon who present proper certification from the United States Department of the Navy. The license plate shall include the Combat Action Ribbon earned by the recipient. Such persons may apply for a Combat Action Ribbon Recipient license plate for vehicles having a rated carrying capacity of one (1) ton or less; 49. Oklahoma Submarine Veterans License Plate - such plates shall be designed for any resident of this state who is a United States submarine veteran and presents either a Department of Defense form 214 or other documentation certifying such service. Such persons may apply for an Oklahoma Submarine Veterans license plate for vehicles having a rated capacity of one (1) ton or less. The license plate design shall include both gold and silver dolphins to represent both officer and enlisted service members; 50. United States Navy Seabees and Civil Engineer Corps License Plate - such plates shall be designed and issued to any honorably discharged or present member of the United States Navy Seabees or Civil Engineer Corps. Such persons may apply for a United States Navy Seabees and Civil Engineer Corps license plate for vehicles having a rated carrying capacity of one (1) ton or less. The license plate shall be designed in consultation with the Military Department of the State of Oklahoma; 51. Combat Action Badge Recipient License Plate - such plates shall be designed to honor recipients of the Combat Action Badge who present proper certification from the United States Army. The license plate shall include the Combat Action Badge earned by the recipient. Such persons may apply for a Combat Action Badge Recipient license plate for vehicles having a rated carrying capacity of one (1) ton or less, or for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate; 52. Iraq Combat Veteran License Plate - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who saw combat in Operation Iraqi Freedom. Such persons may apply for an Iraq Combat Veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less, or for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate; 53. Afghanistan Combat Veteran License Plate - such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who saw combat in Operation Enduring Freedom. Such persons may apply for an Afghanistan Combat Veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less, or for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate; 54. Special Forces Association License Plates - such plates shall be designed and issued to any honorably discharged or present member of the Army Special Forces qualified and authorized to wear upon the person's United States military uniform the Army Special Forces Tab. Persons applying for the Special Forces Association license plate must provide a copy of the orders awarding the Special Forces Tab or authorizing its wear upon a United States military uniform. The license plate shall be designed in consultation with the Special Forces Association, Chapter 32-50. The Tax Commission Service Oklahoma shall produce up to two distinct designs for the Special Forces Association license plate. Qualified persons may select one design at the time of application. The plates shall be issued to any qualified person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates; 55. Veterans of the United States Armed Forces License Plates - such plates shall be designed for veterans of the United States Armed Forces, and shall identify the branch of service, carry the emblem and name of either the Army, Navy, Air Force, Marines or Coast Guard, according to the branch of service to which the member belonged, and shall reflect veteran status. Former members who have been dishonorably discharged shall not be eligible for such plates. Persons applying for such license plates must show proof of past military service by presenting a valid United States Department of Defense Form (DD)214 upon initial application but shall not be required to provide proof of eligibility annually; and 56. Navy Chief License Plates - such plates shall be designed and issued to any resident of this state who has achieved the rank of E7 through E9 in the United States Navy and presents proper certification that the resident has achieved such rank and was either honorably discharged or is an active or retired member of the United States Navy. Such persons may apply for a Navy Chief license plate for vehicles having a rated carrying capacity of one (1) ton or less, or for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate. C. Unless otherwise provided by this section, the fee for such plates shall be Eight Dollars ($8.00) and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. Such fees shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act. Beginning January 1, 2023, such fees shall be deposited in the Service Oklahoma Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act. |SECTION 164. AMENDATORY 47 O.S. 2021, Section 1135.3, as amended by Section 5, Chapter 543, O.S.L. 2021, is amended to read as follows: Section 1135.3 A. The Oklahoma Tax Commission Service Oklahoma is hereby authorized to design and issue appropriate official special license plates to persons wishing to demonstrate support, interest or membership to or for an organization, occupation, cause or other subject as provided by this section. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year. Special license plates shall be renewed each year by the Tax Commission Service Oklahoma or a motor license agent licensed operator , unless authorized by the Tax Commission Service Oklahoma to be renewed for a period greater than one (1) year. The Tax Commission Service Oklahoma shall notify by mail all persons issued special license plates. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agent licensed operator or the Tax Commission Service Oklahoma . The license plates shall be issued on a staggered system. The Tax Commission Service Oklahoma is hereby directed to develop and implement a system whereby motor license agents licensed operators are permitted to accept applications for special license plates authorized under this section. The motor license agent licensed operator shall confirm the applicant's eligibility, if applicable, collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly. For performance of these duties, motor license agents licensed operators shall retain the fee provided in Section 1141.1 of this title for registration of a motor vehicle. The motor license agent licensed operator fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the licensed operator fees for acceptance of applications and renewals shall be paid out of the Service Oklahoma Reimbursement Fund. If fewer than one hundred of any type of special license plates authorized prior to January 1, 2004, are issued prior to January 1, 2006, the Tax Commission Service Oklahoma shall discontinue issuance and renewal of that type of special license plate. Any such authorized special license plate registrant shall be allowed to display the license plate upon the designated vehicle until the registration expiration date. After such time the expired special license plate shall be removed from the vehicle. Except as otherwise provided in law, for special license plates authorized on or after July 1, 2004, no special license plates shall be developed or issued by the Tax Commission Service Oklahoma until the Commission Service Oklahoma receives one hundred (100) prepaid applications therefor. The prepaid applications must be received by the Tax Commission Service Oklahoma within one hundred eighty (180) days of the effective date of the authorization or the authority to issue shall be null and void. In the event one hundred (100) prepaid applications are not received by the Tax Commission Service Oklahoma within such prescribed time period any payment so received shall be refunded accordingly. B. The special license plates provided by this section are as follows: 1. Round and Square Dance License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for round and square dancing; 2. National Association for the Advancement of Colored People License Plate - such plates shall be designed, subject to the criteria to be presented to the Tax Commission Service Oklahoma by the NAACP, and issued to any person wishing to demonstrate support for the NAACP; 3. National Rifle Association License Plate - such plates shall be designed, subject to the criteria to be presented to the Tax Commission Service Oklahoma by the National Rifle Association, and issued to any person wishing to demonstrate support for the National Rifle Association; 4. Masonic Fraternity License Plate - such plates shall be designed and issued to any resident of this state who is a member of a Masonic Fraternity of Oklahoma. Such persons may apply for a Masonic Fraternity license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Masonic Fraternity membership or upon the presentment of an application for a Masonic Fraternity license plate authorized and approved by the Grand Lodge of Oklahoma. The license plates shall be designed in consultation with the Masonic Fraternities of Oklahoma and shall contain the Masonic emblem; 5. Shriner's Hospitals for Burned and Crippled Children License Plate - such plates shall be designed to demonstrate support for Shriner's Hospitals for Burned and Crippled Children and shall be issued to any resident of this state who is a member of a Shriner's Temple in Oklahoma. The license plate shall be designed in consultation with the Shriner's Temples in Oklahoma and shall contain the Shriner's emblem; 6. Balloonists License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for hot air ballooning in this state; 7. Order of the Eastern Star License Plate - such plates shall be designed and issued to any resident of this state who is a member of an Order of the Eastern Star. Such persons may apply for an Order of the Eastern Star license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of an Order of the Eastern Star membership or upon the presentment of an application for an Order of the Eastern Star license plate authorized and approved by the organization. The license plate shall be designed in consultation with the Order of the Eastern Star and shall contain the Order of the Eastern Star emblem; 8. Knights of Columbus License Plate - such plates shall be designed and issued to any resident of this state who is a member of the Knights of Columbus. Such persons may apply for a Knights of Columbus license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Knights of Columbus membership or upon the presentment of an application for a Knights of Columbus license plate authorized and approved by the organization. The license plate shall be designed in consultation with the Knights of Columbus and shall contain the Knights of Columbus emblem; 9. Jaycees License Plate - such plates shall be designed and issued to members of the Jaycees. Persons applying for such license plate must show proof of membership in the Jaycees. The license plates shall be designed in consultation with the Jaycees; 10. Kiwanis International License Plate - such plates shall be designed and issued to members of Kiwanis International. Persons applying for such license plate must show proof of membership in Kiwanis International. The license plates shall be designed in consultation with Kiwanis International; 11. Certified Public Accountants License Plate - such plates shall be designed and issued to any resident of this state who is a Certified Public Accountant. Such persons may apply for a Certified Public Accountant license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of status as a Certified Public Accountant. The license plates shall be designed in consultation with the Oklahoma Society of Certified Public Accountants; 12. Civil Emergency Management License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the state civil emergency management system. Persons applying for such license plate must show proof of official affiliation by presenting a nonexpired proof of employment, affiliation or retirement in the form of an identification card or letter on official letterhead from a municipal, county or state emergency management department head; 13. Civilian Conservation Corps License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma , by the Civilian Conservation Corps Association, and issued to any person wishing to demonstrate support of the Civilian Conservation Corps; 14. Rotarian License Plate - such plates shall be designed and issued to any resident of this state who is a member of a Rotarian Club of Oklahoma. Such persons may apply for a Rotarian license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Rotarian Club membership or upon the presentment of an application for a Rotarian license plate authorized and approved by a Rotarian Club of Oklahoma. The license plates shall be designed in consultation with the five Rotarian District Governors and shall contain the Rotarian emblem; 15. Benevolent Protective Order of Elks License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma , by the Benevolent Protective Order of Elks, and issued to any resident of this state who is a member of the Benevolent Protective Order of Elks; 16. Humane Society License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Humane Society of the United States. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The plate shall contain the official Humane Society logo; 17. Oklahoma Mustang Club License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma , by the Oklahoma Mustang Club, and issued to any resident of this state who is a member of the Oklahoma Mustang Club. Such persons may apply for an Oklahoma Mustang Club license plate upon presentment of proof of membership in the Oklahoma Mustang Club. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates; 18. American Business Clubs (AMBUCS) License Plate - such plates shall be designed and issued to members of American Business Clubs. Persons applying for such license plate must show proof of membership in AMBUCS. The license plates shall be designed in consultation with American Business Clubs; 19. West Point 200th Anniversary License Plate - such plates shall be designed and issued to any person wishing to commemorate the Two Hundredth Anniversary of the founding of the United States Military Academy at West Point, New York. The license plates shall be designed in consultation with the West Point Society of Central Oklahoma; 20. Oklahoma Aquarium License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the Oklahoma Aquarium. The license plates shall be designed in consultation with the Oklahoma Aquarium. Subject to the provisions of subsection A of this section, the Oklahoma Aquarium license plate is hereby reauthorized effective November 1, 2021; 21. The Pride of Broken Arrow License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for The Pride of Broken Arrow marching band. The plates shall be designed in consultation with the Broken Arrow Public School System; 22. Fellowship of Christian Athletes License Plate - such plates shall be designed in consultation with the Fellowship of Christian Athletes and issued to members and supporters of the Fellowship of Christian Athletes; 23. Parrothead Club License Plate - such plates shall be designed and issued to members and supporters of the Parrothead Club. The license plate shall be issued to any person in any combination of numbers and letters from one to a maximum of seven as for personalized license plates; 24. Oklahoma Bicycling Coalition License Plate - such plates shall be designed and issued to any person who is a member of the Oklahoma Bicycling Coalition. The license plates shall be designed in consultation with the Oklahoma Bicycling Coalition; 25. Electric Lineman License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for Oklahoma's electric linemen. The license plates shall be designed in consultation with the Oklahoma Electric Superintendent's Association; 26. Alpha Kappa Alpha License Plate - such plates shall be designed and issued to any person who is a member of Alpha Kappa Alpha Sorority. The license plates shall be designed in consultation with the Oklahoma Chapter of Alpha Kappa Alpha Sorority; 27. The National Pan-Hellenic Council Incorporated License Plate - such plates shall be designed and issued to any person wishing to demonstrate support to any of the nine sororities and fraternities recognized by the National Pan-Hellenic Council Incorporated. The license plates shall be designed in consultation with the Oklahoma Chapter of the National Pan-Hellenic Council Incorporated; 28. Organ, Eye and Tissue License Plate - such plates shall be designed and issued to persons wishing to demonstrate support and increase awareness for organ, eye and tissue donation. The license plates shall be designed in consultation with the State Department of Health; 29. Central Oklahoma Habitat for Humanity License Plate - such plates shall be designed and issued to persons wishing to demonstrate support and increase awareness for Habitat for Humanity. The license plate shall be designed in consultation with Central Oklahoma Habitat for Humanity; 30. Family Career and Community Leaders of America Incorporated License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for Family Career and Community Leaders of America Incorporated. The license plates shall be designed in consultation with Family Career and Community Leaders of America Incorporated; 31. Delta Sigma Theta License Plate - such plates shall be designed and issued to any person who is a member of Delta Sigma Theta Sorority. The license plates shall be designed in consultation with the Oklahoma Chapter of Delta Sigma Theta Sorority Incorporated; 32. Omega Psi Phi License Plate - such plates shall be designed and issued to any person who is a member of Omega Psi Phi Fraternity. The license plates shall be designed in consultation with the Oklahoma Chapter of Omega Psi Phi Fraternity Incorporated; 33. Alpha Phi Alpha License Plate - such plates shall be designed and issued to any person who is a member of Alpha Phi Alpha Fraternity. The license plates shall be designed in consultation with the Oklahoma Chapter of Alpha Phi Alpha Fraternity Incorporated; 34. 50th Anniversary of the Interstate System of Highways License Plate - such plates shall be designed and issued to persons wishing to commemorate the 50th Anniversary of the Interstate System of Highways. The license plates shall be designed in consultation with the American Association of State Highway and Transportation Officials; 35. Kappa Alpha Psi License Plate - such plates shall be designed and issued to any person who is a member of Kappa Alpha Psi Fraternity. The license plates shall be designed in consultation with the Oklahoma Chapter of Kappa Alpha Psi Fraternity Incorporated; 36. Sigma Gamma Rho License Plate - such plates shall be designed and issued to any person who is a member of Sigma Gamma Rho Sorority. The license plates shall be designed in consultation with the Oklahoma Chapter of Sigma Gamma Rho Sorority Incorporated. Subject to the provisions of subsection A of this section, the Sigma Gamma Rho License Plate is hereby reauthorized effective November 1, 2013; 37. Multiple Sclerosis License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for and increase awareness of multiple sclerosis. The license plates shall be designed in consultation with the Oklahoma Chapter of the National Multiple Sclerosis Society; 38. Frederick Douglass High School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Frederick Douglass High School located in Oklahoma City. The plates shall be designed in consultation with representatives of Frederick Douglass High School National Alumni Association; 39. United States Air Force Academy License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the United States Air Force Academy; 40. In God We Trust License Plate - such plates shall be designed to include the motto, "In God We Trust", and shall be issued to any person wishing to demonstrate support for the motto; 41. National Weather Center License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the National Weather Center in Norman. The plates shall be designed in consultation with representatives of the National Weather Center Directors; 42. Make-A-Wish Foundation License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the Make-A-Wish Foundation. The license plates shall be designed in consultation with the Oklahoma Chapter of the National Make-A-Wish Foundation; 43. South Central Section PGA Foundation License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the South Central Section PGA Foundation. The license plates shall be designed in consultation with the South Central Section PGA Foundation; 44. Putnam City High School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Putnam City High School. The plates shall be designed in consultation with representatives of Putnam City High School Alumni Association, Inc.; 45. Autism Awareness License Plate - such plates shall be designed and issued to any person wishing to increase awareness of autism. The license plate shall be designed in consultation with the Oklahoma Autism Network; 46. Oklahoma Blood Institute License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Blood Institute. The license plates shall be designed in consultation with the Oklahoma Blood Institute; 47. Zeta Phi Beta and Phi Beta Sigma License Plate - such plates shall be designed and issued to any person who is a member of Zeta Phi Beta Sorority or Phi Beta Sigma Fraternity. The license plates shall be designed in consultation with the Oklahoma chapters of Zeta Phi Beta Sorority Incorporated and Phi Beta Sigma Fraternity Incorporated; 48. Star Spencer High School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Star Spencer High School located in Oklahoma City. The plates shall be designed in consultation with representatives of the Star Spencer High School Alumni Association. Subject to the provisions of subsection A of this section, the Star Spencer High School License Plate is hereby reauthorized effective November 1, 2015; 49. Northeast High School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Northeast High School located in Oklahoma City. The plates shall be designed in consultation with representatives of the Northeast High School Alumni Association; 50. Oklahoma City Central High School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Central High School Alumni Association. The plates shall be designed in consultation with representatives of the Oklahoma City Central High School Alumni Association; 51. Oklahoma Rifle Association License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Rifle Association. The plates shall be designed in consultation with representatives of the Oklahoma Rifle Association; 52. Oklahoma City Thunder License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Thunder. The license plate shall be designed in consultation with the Oklahoma City Thunder organization; 53. Ovarian Cancer Awareness License Plate - such plates shall be designed and issued to any person wishing to increase awareness of ovarian cancer. The license plate shall be designed in consultation with the HOPE in Oklahoma organization; 54. BMW Car Club of America License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the BMW Car Club of America. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The license plate shall be designed in consultation with the Sunbelt Chapter of the BMW Car Club of America. Subject to the provisions of subsection A of this section, the BMW Car Club of America License Plate is hereby reauthorized effective November 1, 2013; 55. Don't Tread On Me License Plate - such plates shall be designed to include the yellow background and rattlesnake emblem above the motto "DON'T TREAD ON ME" as found on the historic Gadsden flag, and shall be issued to any person wishing to demonstrate support for the freedom and liberty of the Republic; 56. Oklahomans for the Arts License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for arts, culture and creative industries as well as arts education. The plates shall be designed in consultation with Oklahomans for the Arts; 57. Tulsa Oilers License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa Oilers. The license plate shall be designed in consultation with the Tulsa Oilers organization; 58. Tulsa Drillers License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa Drillers. The license plate shall be designed in consultation with the Tulsa Drillers organization; 59. Millwood School District License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Millwood School District. The license plate shall be designed in consultation with representatives of the Millwood School District; 60. Booker T. Washington High School License Plate - such plates shall be issued to persons wishing to demonstrate support for Booker T. Washington High School and shall be designed in consultation with the Booker T. Washington High School National Alumni Association; 61. Oklahoma Current State Flag License Plate - such plates shall be designed to include the current Oklahoma state flag and issued to any person wishing to demonstrate support for the current Oklahoma state flag. The plates shall be designed in consultation with the Friends of the Oklahoma History Center; 62. Oklahoma Original State Flag License Plate - such plates shall be designed to include the original Oklahoma state flag and issued to any person wishing to demonstrate support for the original Oklahoma state flag. The plates shall be designed in consultation with the Friends of the Oklahoma History Center. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. Subject to the provisions of subsection A of this section, the Oklahoma Original State Flag license plate is hereby reauthorized effective November 1, 2015; 63. Tulsa 66ers License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa 66ers. The plates shall be designed in consultation with the Tulsa 66ers Organization; 64. Frederick Bombers License Plate - such plates shall be issued to persons wishing to demonstrate support for the Frederick School District and shall be designed in consultation with representatives of the Frederick School District; 65. 911 Dispatcher License Plate - such plates shall be issued to persons wishing to demonstrate support for 911 dispatchers. Persons applying for such license plate must show proof of current employment as a 911 dispatcher or sign an attestation that they are a currently employed or retired 911 dispatcher; 66. Oklahoma Fosters License Plate - such plates shall be issued to persons wishing to demonstrate support for the Oklahoma Fosters Initiative and shall be designed in consultation with the Oklahoma Fosters Initiative; 67. Red Dirt Jeeps License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Red Dirt Jeeps and such plates shall be designed in consultation with Red Dirt Jeeps, L.L.C.; 68. Sons of the American Revolution License Plate - such plates shall be issued to persons wishing to demonstrate support for the Sons of the American Revolution for a vehicle or motorcycle in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. Such plates shall be designed in consultation with the Oklahoma Society of the Sons of the American Revolution. The license plate for a motorcycle may be of similar design as space permits or a new design in order to meet the space requirements of a motorcycle license plate; 69. Daughters of the American Revolution License Plate - such plates shall be issued to persons wishing to demonstrate support for the Daughters of the American Revolution for a vehicle or motorcycle in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. Such plates shall be designed in consultation with the Oklahoma Society of the Daughters of the American Revolution. The license plate for a motorcycle may be of similar design as space permits or a new design in order to meet the space requirements of a motorcycle license plate; 70. Air Medal License Plate - such plates shall be designed and issued to Air Medal recipients. An individual requesting the license plate is required, at the time of application, to show proof he or she is a recipient of the Air Medal or sign an attestation stating that he or she is a medal recipient. The plates shall be designed to include the Air Medal emblem and shall include the words "Air Medal" on the plate; 71. Oklahoma Institute for Child Advocacy License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Institute for Child Advocacy. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The plates shall be designed in consultation with the Oklahoma Institute for Child Advocacy. Subject to the provisions of subsection A of this section, the Oklahoma Institute for Child Advocacy license plate is hereby reauthorized effective November 1, 2021; 72. The Pride of Oklahoma Marching Band License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Pride of Oklahoma marching band. The plates shall be designed in consultation with the University of Oklahoma; 73. The Spirit of Oklahoma State Marching Band License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Spirit of Oklahoma State marching band. The plates shall be designed in consultation with Oklahoma State University; 74. Southeast Spartans License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Southeast High School Spartans and such plates shall be designed in consultation with the Southeast High School Alumni Association; 75. Catoosa High School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Catoosa High School located in Catoosa. The plates shall bear the image of the Catoosa High School mascot and be designed in consultation with representatives of Catoosa High School; 76. Toastmasters International License Plate - such plates shall be issued to persons wishing to demonstrate support for Toastmasters International and shall be designed in consultation with District 16 of Toastmasters International; 77. Millwood High School Alumni License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Millwood High School Alumni. The license plate shall be designed in consultation with representatives of the Millwood High School Alumni Association; 78. Patriot Guard Riders License Plate - such plates shall be issued to persons wishing to demonstrate support for Patriot Guard Riders and shall be designed in consultation with the Patriot Guard Riders of Oklahoma; 79. Bixby School District License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Bixby School District. The license plate shall be designed in consultation with representatives of the Bixby School District; 80. Oklahoma Renewable Energy License Plate - such plates shall be designed in consultation with the Advanced Power Alliance and issued to any person wishing to demonstrate support for renewable energy; 81. Scottish Rite Masons License Plate - such plates shall be designed and issued to any resident of this state who is a member of the Scottish Rite Masons. Such persons may apply for a Scottish Rite Masons license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Scottish Rite membership. The license plates shall be designed in consultation with the Scottish Rite Masons in Oklahoma and shall contain the Scottish Rite emblem; 82. New State Brand License Plate - such plates shall be designed, subject to the criteria to be presented to the Tax Commission Service Oklahoma by the Oklahoma Tourism and Recreation Department, and issued to any person wishing to demonstrate support for the new Oklahoma brand. The license plates shall contain the new state brand; and 83. Tulsa Flag License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the City of Tulsa. The license plates shall be designed in consultation with the Tulsa Community Foundation. C. The fee for such plates shall be Fifteen Dollars ($15.00) per year of renewal and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. Unless otherwise provided in this section, the fee shall be apportioned as follows: Eight Dollars ($8.00) per year of renewal of the special license plate fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act and the remaining Seven Dollars ($7.00) per year of renewal of the special license plate fee shall be apportioned as provided in Section 1104 of this title. Beginning January 1, 2023, Eight Dollars ($8.00) per year of renewal of the special license plate fee shall be deposited in the Service Oklahoma Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act and the remaining Seven Dollars ($7.00) per year of renewal of the special license plate fee shall be apportioned as provided in Section 1104 of this title. |SECTION 165. AMENDATORY 47 O.S. 2021, Section 1135.4, as amended by Section 6, Chapter 276, O.S.L. 2021, is amended to read as follows: Section 1135.4 A. The Oklahoma Tax Commission Service Oklahoma is hereby authorized to design and issue personalized license plates. The personalized license plates shall be issued on a staggered system except for vintage decals. Personalized special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The personalized special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year. Personalized special license plates shall be renewed each year by the Tax Commission Service Oklahoma or a motor license agent licensed operator , unless authorized by the Tax Commission Service Oklahoma to be renewed for a period greater than one (1) year. The Tax Commission Service Oklahoma shall notify by mail all persons issued special license plates. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agent licensed operator or the Tax Commission Service Oklahoma . The motor license agent licensed operator fees for renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the licensed operator fees for acceptance of applications and renewals shall be paid out of the Service Oklahoma Reimbursement Fund. On and after January 1, 2022, if a personalized license plate is issued pursuant to this section, any registration fee required for such plate pursuant to this section and the fee required pursuant to Section 1132 of this title shall be remitted at the same time and subject to a single registration period. The Oklahoma Tax Commission Service Oklahoma shall determine, by rule, a method for making required fee and registration period adjustments if a special license plate is obtained during a twelve-month period for which a registration fee has already been remitted pursuant to Section 1132 of this title. The combination of fees in a single remittance shall not alter the apportionment otherwise provided for in this section. B. Such plates shall be designed and issued for the following: 1. Any person in any combination of numbers or letters from one to a maximum of seven; 2. Persons eligible for two or more of the military decoration special license plates provided for in this title. Such plates may be issued in any combination of emblems. However, such plates shall only display up to three emblems and shall also display any combination of letters or numbers from one to a maximum of three; 3. Motorcycles in any combination of numbers or letters from one to a maximum of six; 4. Persons eligible for Korean War Veteran license plates provided for in this title. Such plates may display any combination of letters or numbers up to three on each side of the insignia or emblem; 5. Persons eligible for World War II Veteran license plates provided for in this title. Such plates may display any combination of letters or numbers up to three on each side of the insignia or emblem; and 6. Persons owning vehicles which are twenty-one (21) years and older are qualified to submit for approval by the Tax Commission Service Oklahoma or a motor license agent licensed operator a vintage but expired official Oklahoma license plate which is twenty- one (21) years and older. Upon approval of such personalized plate, the owner shall be issued the annual registration decal which the Tax Commission Service Oklahoma or agent a licensed operator shall direct to be affixed. C. The fee for such plates shall be Twenty Dollars ($20.00) per year of renewal and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. Eight Dollars ($8.00) per year of renewal of the personalized tag fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act. Twelve Dollars ($12.00) per year of renewal of the personalized tag fee shall be apportioned as provided in Section 1104 of this title. Beginning January 1, 2023, Eight Dollars ($8.00) per year of renewal of the personalized tag fee shall be deposited in the Service Oklahoma Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act. Twelve Dollars ($12.00) per year of renewal of the personalized tag fee shall be apportioned as provided in Section 1104 of this title. |SECTION 166. AMENDATORY 47 O.S. 2021, Section 1135.5, as amended by Section 6, Chapter 543, O.S.L. 2021, is amended to read as follows: Section 1135.5 A. The Oklahoma Tax Commission Service Oklahoma is hereby authorized to design and issue appropriate official special license plates to persons wishing to demonstrate support and provide financial assistance as provided by this section. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year with a motor license agent licensed operator . Special license plates shall be renewed each year by the Tax Commission Service Oklahoma or a motor license agent licensed operator , unless authorized by the Tax Commission Service Oklahoma to be renewed for a period greater than one (1) year. The Tax Commission Service Oklahoma shall notify by mail all persons issued special license plates. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agent licensed operator or the Tax Commission Service Oklahoma . The license plates shall be issued on a staggered system. The Tax Commission Service Oklahoma is hereby directed to develop and implement a system whereby motor license agents licensed operators are permitted to accept applications for special license plates authorized under this section. The motor license agent licensed operator shall confirm the applicant's eligibility, if applicable, collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly. For performance of these duties, motor license agents licensed operators shall retain the fee provided in Section 1141.1 of this title for registration of a motor vehicle. The motor license agent licensed operator fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the licensed operator fees for acceptance of applications and renewals shall be paid out of the Service Oklahoma Reimbursement Fund. If fewer than one hundred of any type of special license plates authorized prior to January 1, 2004, are issued prior to January 1, 2006, the Tax Commission Service Oklahoma shall discontinue issuance and renewal of that type of special license plate. Any such authorized special license plate registrant shall be allowed to display the license plate upon the designated vehicle until the registration expiration date. After such time the expired special license plate shall be removed from the vehicle. For special license plates authorized on or after July 1, 2004, no special license plates shall be developed or issued by the Tax Commission Service Oklahoma until the Commission Service Oklahoma receives one hundred prepaid applications therefor. The prepaid applications must be received by the Tax Commission Service Oklahoma within one hundred eighty (180) days of the effective date of the authorization or the authority to issue shall be null and void. In the event one hundred prepaid applications are not received by the Tax Commission Service Oklahoma within such prescribed time period any payment so received shall be refunded accordingly. B. The special license plates provided by this section are as follows: 1. University or College Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support to any state-supported or private university or college. As provided in this section, an amount of the fee collected shall be apportioned as provided in Section 1104.1 of this title; 2. Environmental Awareness License Plate - such plates shall be designed, subject to the criteria to be presented to the Tax Commission Service Oklahoma by the Department of Environmental Quality in consultation with the Oklahoma Arts Council, and issued to any person wishing to demonstrate support to implement the statewide general public environmental education program created pursuant to the provisions of the Oklahoma Environmental Quality Code. Such plates shall be designed and issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. A dealer's license plate issued pursuant to Section 1116.1 or 1128 of this title may be designated an Environmental Awareness License Plate upon payment of the fee imposed by this section and any other registration fees required by the Oklahoma Vehicle License and Registration Act. As provided in this section, an amount of the fee collected shall be apportioned pursuant to Section 1104.2 of this title; 3. Firefighter License Plate - such plates shall be designed for any career or retired firefighter, volunteer or paid. Firefighters may apply for firefighter plates for up to four vehicles with a rated capacity of one (1) ton or less or for a motorcycle upon proof of a fire department membership by either an identification card or letter from the chief of the fire department. Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually. The surviving spouse of any deceased firefighter, if the spouse has not since remarried, may apply for a firefighter license plate for one vehicle with a rated carrying capacity of one (1) ton or less or for a motorcycle upon proof that the deceased firefighter was a member of a fire department by either an identification card or letter from the chief of the fire department. The license plate shall be designed in consultation with the Oklahoma Firefighters Association. As provided in this section, an amount of the fee collected shall be deposited to the Oklahoma State Firemen's Museum Building & Memorial Fund for support of the Oklahoma Firefighters Museum and the Oklahoma Fallen and Living Firefighters Memorial; 4. Wildlife Conservation License Plate - such plates shall be designed, subject to the criteria to be presented to the Tax Commission Service Oklahoma by the Oklahoma Department of Wildlife Conservation in consultation with the Oklahoma Arts Council, and issued to any person wishing to demonstrate support for wildlife conservation in this state through the Wildlife Diversity Fund, provided for in Section 3-310 of Title 29 of the Oklahoma Statutes. Such plates may be designed and issued to any person as for personalized license plates. As provided in this section, an amount of the fee collected shall be apportioned pursuant to subsection D of Section 3-310 of Title 29 of the Oklahoma Statutes; 5. Child Abuse Prevention License Plate - such plates shall be designed, subject to the criteria to be presented to the Tax Commission Service Oklahoma by the Office of Child Abuse Prevention in the State Department of Health and the Oklahoma Committee to Prevent Child Abuse, and issued to any person wishing to demonstrate support for the prevention of child abuse. As provided in this section, an amount of the fee collected shall be deposited in the Child Abuse Prevention Fund; 6. United States Olympic Committee Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the United States Olympic Committee. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The plate shall contain the official United States Olympic Committee logo. The Tax Commission Service Oklahoma shall be authorized, if necessary, to enter into a licensing agreement with the United States Olympic Committee for any licensing fees which may be required in order to use the United States Olympic Committee logo or design. The licensing agreement shall provide for a payment of not more than Twenty-five Dollars ($25.00) for each license plate issued; 7. Oklahoma History License Plate - such plates shall be designed and issued to any person wishing to demonstrate interest in Oklahoma history. As provided in this section, an amount of the fee collected shall be deposited to the Oklahoma Historical Society Revolving Fund to be used for educational purposes; 8. Historic Route 66 License Plate - such: a. vehicle plates shall be designed to honor historic Route 66, also known as the "Mother Road". As provided in this section, an amount of the fee collected for each vehicle license plate shall be apportioned to the Oklahoma Historical Society Revolving Fund to be distributed to the Route 66 Museum located in Clinton, Oklahoma, and b. motorcycle plates shall be designed in consultation with the Oklahoma Route 66 Association, Inc. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Route 66 Association, Inc., for any licensing fees which may be required in order to use the Oklahoma Route 66 Association, Inc., logo or design. The licensing agreement shall provide for a payment to the Oklahoma Route 66 Association, Inc., of not more than Twenty Dollars ($20.00) for each motorcycle license plate issued; 9. Heart of the Heartland License Plate - such plates shall be designed and issued to any person wishing to honor the victims of the terrorist bombing attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. As provided in this section, an amount of the fee collected shall be deposited in the Heart of the Heartland Scholarship Fund, as established in Section 2282 of Title 70 of the Oklahoma Statutes; 10. Emergency Medical Technician License Plate - such plates shall be designed and issued to any person who is an emergency medical technician. Such persons may apply for an emergency medical technician license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of an emergency medical technician's license. The license plate shall be designed in consultation with the state association of emergency medical technicians. As provided in this section, an amount of the fee collected shall be apportioned to the Emergency Medical Personnel Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63 of the Oklahoma Statutes; 11. Fight Breast Cancer License Plate - such plates shall be designed to demonstrate support for the prevention and treatment of breast cancer in this state. As provided in this section, an amount of the fee collected shall be apportioned to the Breast Cancer Act Revolving Fund; 12. Crime Victims Awareness License Plate - such plates shall be designed and issued to any person wishing to demonstrate awareness of and support for victims of crimes. The license plates shall be designed in consultation with the Oklahoma Crime Victims Centre. As provided in this section, an amount of the fee collected shall be apportioned to the Attorney General's Revolving Fund for the Office of the Attorney General, which is hereby directed to use such funds to contract with a statewide nonprofit organization to provide services to crime victims; 13. Oklahoma Safe Kids Association License Plate - such plates shall be designed and issued to any person wishing to demonstrate support and awareness of the Oklahoma Safe Kids Association. The license plate shall be designed in consultation with the Oklahoma Safe Kids Association. As provided in this section, an amount of the fee collected shall be deposited in the Children's Hospital - Oklahoma Safe Kids Association Revolving Fund to be distributed to the Oklahoma Safe Kids Association program; 14. Four-H Club License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma by the Four-H Foundation, and issued to any person wishing to demonstrate support of the Four-H Club. Such plates may be designed and issued to any person as for personalized license plates. As provided in this section, an amount of the fee collected shall be apportioned to the OSU Extension Service License Plate Revolving Fund created in Section 1104.4 of this title; 15. Agricultural Awareness License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma , by the Oklahoma Department of Agriculture, Food, and Forestry in consultation with the Oklahoma Arts Council, and issued to any person wishing to demonstrate support of the Department's Ag in the Classroom Education Program. As provided in this section, an amount of the fee collected shall be apportioned as provided in Section 1104.3 of this title; 16. Oklahoma Statehood Centennial License Plate - such plates shall be designed and issued to any person wishing to commemorate the centennial of Oklahoma's admission to statehood in 1907. The license plates shall be designed in consultation with the Oklahoma Capitol Complex and Centennial Commemoration Commission. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Department of Commerce Revolving Fund created in Section 5012 of Title 74 of the Oklahoma Statutes; 17. Support Education License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma by the State Department of Education in consultation with the Oklahoma Arts Council, and issued to any person wishing to demonstrate support for education in this state. All motor license agents licensed operators shall display a sample of the Support Education License plate Plate in the area of the business accessed by the public. Twenty-three Dollars ($23.00) of the fee collected shall be apportioned as follows: a. five percent (5%) shall be deposited to the Education Reform Revolving Fund, b. five percent (5%) shall be deposited to the Higher Education Revolving Fund, c. five percent (5%) shall be deposited to the State Career Technology Fund, and d. eighty-five percent (85%) shall be deposited to the Teachers' Retirement Benefit Fund as set forth in Section 17-108 of Title 70 of the Oklahoma Statutes. However, when the Teachers' Retirement Benefit Fund attains a seventy percent (70%) funded ratio based on an annual actuarial valuation as required by law, the amount of the fee shall be apportioned equally pursuant to subparagraphs a, b and c of this paragraph; 18. Retired Oklahoma Highway Patrol Officers License Plate - such plates shall be designed and issued to any retired officer of the Oklahoma Highway Patrol. The license plate shall have the legend "Oklahoma" and shall contain, in the center of the plate, the Highway Patrol Officers patch using the same colors and pattern as used in the patch. Centered on the bottom of the license plate shall be the word "Retired". The letters "TRP" shall be used in combination with three numbers on either side of the insignia or emblem. The color of the letters and numbers shall be brown. Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually. The surviving spouse of any deceased retired officer of the Oklahoma Highway Patrol, if the spouse has not since remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, may apply for a Retired Oklahoma Highway Patrol Officers license plate. As provided in this section, an amount of the fee collected shall be deposited into the Law Enforcement Retirement Fund; 19. Boy Scouts of America Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Boy Scouts of America. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The plate shall contain the official Boy Scouts of America logo. The Tax Commission Service Oklahoma shall be authorized, if necessary, to enter into a licensing agreement with the Boy Scouts of America for any licensing fees which may be required in order to use the Boy Scouts of America logo or design. The licensing agreement shall provide for a payment to the Boy Scouts of America of not more than Twenty Dollars ($20.00) for each license plate issued; 20. Urban Forestry and Beautification License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma , by the Oklahoma Department of Agriculture, Food, and Forestry in consultation with nonprofit organizations in this state that develop and operate programs to encourage urban forestry and beautification, and issued to any person wishing to demonstrate support of such programs. As provided in this section, an amount of the fee collected shall be apportioned as provided in Section 1104.5 of this title; 21. Oklahoma State Parks Supporter License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma by the Oklahoma Tourism and Recreation Department, and issued to any person wishing to demonstrate support for the Oklahoma state parks system. Twenty-three Dollars ($23.00) of the fee collected shall be deposited in the Oklahoma Tourism and Recreation Department Revolving Fund. Such money shall be designated for and may only be expended for the support of Oklahoma state parks; 22. Adoption Creates Families License Plate - such plates shall be issued to any person wishing to demonstrate support of pregnant women who are committed to placing their children for adoption and wishing to provide assistance to guardians, adoptive parents and other created families to assist in the adoption and placement of children in permanent, safe homes. The license plates shall be designed and final terminology delivered in consultation with the Oklahoma Adoption Coalition and the Department of Human Services. Twenty-five Dollars ($25.00) of the fee collected shall be deposited in a revolving fund established in the State Treasury for and to be used by the Department of Human Services for the implementation of the Investing in Stronger Oklahoma Families Act specifically for created families; 23. Choose Life License Plate - such plates shall be designed, subject to criteria presented to the Tax Commission Service Oklahoma , by Choose Life, Inc., and issued to any person who wishes to demonstrate support of organizations that encourage adoption as a positive choice for women with unplanned pregnancies. As provided in this section, an amount of the fee collected shall be deposited in the Choose Life Assistance Program Revolving Fund established in Section 1104.6 of this title; 24. Future Farmers of America License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the Oklahoma FFA (formerly known as Future Farmers of America). The license plates shall be designed in consultation with the Oklahoma FFA Foundation Board of Directors. As provided in this section, an amount of the fee collected shall be apportioned as provided in Section 1104.7 of this title; 25. Lions Club License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the Lions Club of Oklahoma. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The license plates shall be designed in consultation with the Oklahoma Lions Service Foundation and shall contain the official logo of the International Association of Lions Clubs. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Lions Service Foundation. The licensing agreement shall provide for a payment to the Oklahoma Lions Service Foundation of not more than Ten Dollars ($10.00) for each license plate issued; 26. Color Oklahoma License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma by the Oklahoma Native Plant Society, and issued to any person wishing to demonstrate support for preserving and planting wildflowers and native plants in Oklahoma and to promote Oklahoma's wildflower heritage through education. As provided in this section, an amount of the fee collected shall be apportioned as provided in Section 1104.8 of this title; 27. Girl Scouts of the United States of America Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Girl Scouts of the United States of America. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The plate shall contain the official Girl Scouts of the United States of America logo. The Tax Commission Service Oklahoma shall be authorized, if necessary, to enter into a licensing agreement with the Girl Scouts of the United States of America for any licensing fees which may be required in order to use the Girl Scouts of the United States of America logo or design. The licensing agreement shall provide for a payment to the Girl Scouts of Magic Empire Council, acting on behalf of all Oklahoma Girl Scout councils, of not more than Twenty Dollars ($20.00) for each license plate issued; 28. Oklahoma City Memorial Marathon License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Memorial Marathon. The plate shall be designed in consultation with the Oklahoma City Memorial Marathon. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma City Memorial Marathon for any licensing fees which may be required in order to use the Oklahoma City Memorial Marathon logo or design. The licensing agreement shall provide for a payment to the Oklahoma City Memorial Marathon of not more than Twenty Dollars ($20.00) for each license plate issued; 29. Oklahoma Scenic Rivers License Plate - such plates shall be designed to demonstrate support for the Oklahoma Scenic Rivers. The plates shall be designed in consultation with the Oklahoma Scenic Rivers Commission. Twenty-five Dollars ($25.00) of the fee shall be apportioned to the Oklahoma Scenic Rivers Commission; 30. Fight Cancer License Plate - such plates shall be designed to demonstrate support for the Oklahoma Central Cancer Registry. The plate shall contain the American Cancer Society logo. The American Cancer Society logo shall be used in accordance with the American Cancer Society's branding guidelines and shall only be utilized to support the Oklahoma Central Cancer Registry. Twenty Dollars ($20.00) of the fee shall be apportioned to the Oklahoma Central Cancer Registry Revolving Fund; 31. Animal Friendly License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for controlling the overpopulation of dogs and cats through educational and sterilization efforts. The plates shall be designed in consultation with the Veterinary Medical Association. Twenty Dollars ($20.00) of the fee collected shall be designated by the purchaser of the plate to be deposited in the Oklahoma Pet Overpopulation Fund created in Section 2368.13 of Title 68 of the Oklahoma Statutes or the Animal Friendly Revolving Fund created in Section 1104.10 of this title; 32. Patriot License Plate - such plates shall be designed in consultation with the Military Department of Oklahoma and issued to any person wishing to demonstrate support for Oklahoma residents who are members of the Oklahoma National Guard and deployed on active duty. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, a portion of the fee collected shall be deposited in the Patriot License Plate Revolving Fund created in Section 1104.11 of this title; 33. Global War on Terrorism License Plate - such plate shall be designed in consultation with the Military Department of Oklahoma and issued to any person wishing to demonstrate support for Oklahoma residents who are members of the Armed Forces of the United States or Oklahoma National Guard that have served in the Global War on Terrorism. The plate shall be issued to any person in any combination of numbers and letters from one to a maximum of six. As provided in this section, a portion of the fee collected shall be deposited in the Oklahoma National Guard Museum Fund created in Section 235.1 of Title 44 of the Oklahoma Statutes; 34. Boys and Girls Clubs of America Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Boys and Girls Clubs of America. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The plate shall contain the official Boys and Girls Clubs of America logo. The Tax Commission Service Oklahoma , if necessary, may enter into a licensing agreement with the Boys and Girls Clubs of America for any licensing fees which may be required in order to use the Boys and Girls Clubs of America logo or design. The licensing agreement shall provide for a payment to the Boys and Girls Clubs of America of not more than Twenty Dollars ($20.00) for each license plate issued; 35. Oklahoma Quarter Horse License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the American Quarter Horse in Oklahoma. The plate shall be designed in consultation with the Oklahoma Quarter Horse Association. As provided in this section, a portion of the fee collected shall be deposited in the Oklahoma Quarter Horse Revolving Fund created in Section 1104.12 of this title; 36. Oklahoma Association for the Deaf License Plate - such plates shall be designed in consultation with the Oklahoma Association for the Deaf and issued to any person wishing to demonstrate support for Oklahoma residents who are deaf. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, a portion of the fee collected shall be deposited in the Oklahoma Association for the Deaf License Plate Revolving Fund created in Section 1104.15 of this title; 37. Oklahoma City Zoo License Plate - such plates shall be issued to any person wishing to demonstrate support for the Oklahoma City Zoo. The license plates shall be designed in consultation with the Oklahoma Zoological Society, Inc. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Zoological Society Revolving Fund created in Section 1104.13 of this title; 38. March of Dimes License Plate - such plates shall be issued to persons wishing to demonstrate support for the March of Dimes mission to improve the health of babies by preventing birth defects, premature birth and infant mortality. The license plates shall be designed in consultation with the Oklahoma Chapter March of Dimes. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Prevent Birth Defects, Premature Birth and Infant Mortality Fund established in Section 1104.14 of this title; 39. Support Our Troops Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Support Our Troops Incorporated. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of six. The plate shall contain the official Support Our Troops Incorporated logo which includes the mark "Support Our Troops" across the bottom of the plate. The Tax Commission Service Oklahoma , if necessary, may enter into a licensing agreement with Support Our Troops Incorporated for any licensing fees which may be required in order to use the Support Our Troops Incorporated logo or design. The licensing agreement shall provide for a payment to Support Our Troops Incorporated of Twenty- five Dollars ($25.00) for each license plate issued; 40. Folds of Honor Supporter License Plate - such plates shall be authorized to be designed and issued to any person wishing to demonstrate support for the Oklahoma City Chapter of Folds of Honor Incorporated, a nonprofit charitable organization exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), providing educational scholarships to spouses and children of America's fallen and disabled military service members. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of six. Such person may apply for a Folds of Honor Supporter license plate for a motorcycle; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate. The plate shall be designed in consultation with the Oklahoma City Chapter of Folds of Honor Incorporated and shall contain the official Folds of Honor Incorporated logo which includes the mark "Folds of Honor" across the bottom of the plate. The Tax Commission Service Oklahoma , if necessary, may enter into a licensing agreement with Folds of Honor Incorporated for any licensing fees which may be required in order to use the Folds of Honor Incorporated logo or design. The licensing agreement shall provide for a payment to Folds of Honor Incorporated of Twenty-five Dollars ($25.00) for each license plate issued. Subject to the provisions of subsection A of this section, the Folds of Honor Supporter License Plate is hereby reauthorized effective November 1, 2019; 41. Downed Bikers Association License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Downed Bikers Association, a nonprofit charitable organization exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), which provides emotional and financial support for downed bikers. The license plate shall be designed in consultation with the Central Oklahoma Chapter of the Downed Bikers Association and shall contain any official logo or design of the organization. The Tax Commission Service Oklahoma , if necessary, may enter into a licensing agreement with the Downed Bikers Association for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Downed Bikers Association of not more than Twenty Dollars ($20.00) for each license plate; 42. Armed Forces Veterans Motorcycle License Plate - such plates shall be designed for use on a motorcycle in consultation with A Brotherhood Aiming Toward Education of Oklahoma, Inc. (ABATE), and issued to any honorably discharged former member of the United States Armed Forces wishing to demonstrate support for the Oklahoma National Guard Museum. Persons applying for such license plate must show proof of past military service. As provided in this section, a portion of the fee collected shall be deposited in the Oklahoma National Guard Museum Fund created in Section 235.1 of Title 44 of the Oklahoma Statutes; 43. Buffalo Soldier License Plate - such plates shall be issued to any person wishing to honor and celebrate the history and contribution of the Buffalo Soldiers. The license plates shall be designed in consultation with the Lawton-Fort Sill Chapter of the Buffalo Soldiers 9th and 10th (Horse) Cavalry Association. As provided in this section, an amount of the fee collected shall be deposited in the Buffalo Soldier License Plate Revolving Fund created in Section 1104.16 of this title; 44. Prevent Blindness Oklahoma License Plate - such plates shall be issued to any person wishing to provide financial support for vision screening of school age children in this state. The license plates shall be designed in consultation with Prevent Blindness Oklahoma. As provided in this section, an amount of the fee collected shall be deposited in the Prevent Blindness Oklahoma License Plate Revolving Fund created in Section 1104.17 of this title; 45. Oklahoma State Capitol Restoration License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for restoration of the Oklahoma State Capitol building. The license plates shall be designed in consultation with the Friends of the Capitol corporation, created pursuant to Section 15.4 of Title 73 of the Oklahoma Statutes and the State Capitol Preservation Commission created pursuant to Section 4102 of Title 74 of the Oklahoma Statutes. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Friends of the Capitol License Plate Revolving Fund established in Section 1104.18 of this title; 46. Eastern Red Cedar Tree License Plate - such plates shall be designed, subject to criteria to be presented to the Tax Commission Service Oklahoma and issued to any person wishing to demonstrate support for the removal of Eastern Redcedar trees from lands in the state and to develop marketable uses for the harvested trees. The license plate shall be designed in consultation with the Oklahoma Department of Agriculture, Food, and Forestry. Twenty-three Dollars ($23.00) of the fee collected shall be deposited in the Eastern Redcedar Revolving Fund created in Section 18-407 of Title 2 of the Oklahoma Statutes. The money shall be designated for and may only be expended for the purposes as set forth in the Eastern Redcedar Management Act; 47. Pancreatic Cancer Research License Plate - such plates shall be issued to any person wishing to provide financial support for the University of Oklahoma Foundation, Pancreatic Cancer Research Fund. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of six. The license plates shall be designed in consultation with the University of Oklahoma Foundation, Pancreatic Cancer Research Fund. As provided in this section, an amount of the fee collected shall be deposited in the Pancreatic Cancer Research License Plate Revolving Fund created in Section 1104.19 of this title; 48. Alzheimer's Research License Plate - such plates shall be issued to any person wishing to provide financial support for the Oklahoma Chapter of the Alzheimer's Association. The license plates shall be designed in consultation with the Oklahoma Chapter of the Alzheimer's Association. As provided in this section, an amount of the fee collected shall be deposited in the Alzheimer's Research License Plate Revolving Fund created in Section 1104.20 of this title; 49. Hospice and Palliative Care License Plate - such plates shall be issued to any person wishing to provide financial support for the Oklahoma Hospice and Palliative Care Association. The license plates shall be designed in consultation with the Oklahoma Hospice and Palliative Care Association. As provided in this section, an amount of the fee collected shall be deposited in the Hospice and Palliative Care License Plate Revolving Fund created in Section 1104.21 of this title; 50. Juvenile Diabetes Research License Plate - such plates shall be issued to any person wishing to provide financial support for the Oklahoma Chapters of the Juvenile Diabetes Research Foundation. The license plates shall be designed in consultation with the Oklahoma Chapters of the Juvenile Diabetes Research Foundation. As provided in this section, an amount of the fee collected shall be deposited in the Juvenile Diabetes Research License Plate Revolving Fund created in Section 1104.22 of this title; 51. Deer Creek Schools Foundation License Plate - such plates shall be issued to any person wishing to provide financial support for the Deer Creek Schools Foundation. The license plates shall be designed in consultation with the Deer Creek Schools Foundation. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Deer Creek Schools Foundation License Plate Revolving Fund created in Section 1104.23 of this title; 52. Lupus Awareness and Education License Plate - such plates shall be issued to any person wishing to provide financial support for the Lupus Foundation of Oklahoma. The license plates shall be designed in consultation with the Lupus Foundation of Oklahoma. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Lupus License Plate Revolving Fund created in Section 1104.24 of this title. Subject to the provisions of subsection A of this section, the Lupus Awareness and Education License Plate is hereby reauthorized effective November 1, 2018; 53. Chiefs of Police License Plate - such plates shall be issued to any person wishing to provide financial support for the Oklahoma Association of Chiefs of Police for a vehicle or motorcycle in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The license plates shall be designed in consultation with the Oklahoma Association of Chiefs of Police. The license plate for a motorcycle may be of similar design as space permits or a new design in order to meet the space requirements of a motorcycle license plate. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Association of Chiefs of Police for any licensing fees which may be required in order to use the association's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Association of Chiefs of Police of not more than Twenty Dollars ($20.00) for each license plate issued. Subject to the provisions of subsection A of this section, the Chiefs of Police License Plate is hereby reauthorized effective November 1, 2015; 54. Crossings Christian School License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Crossings Christian School located in Oklahoma City. The license plates shall be designed in consultation with the administration of Crossings Christian School. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with Crossings Christian School for any licensing fees which may be required in order to use the school's logo or design. The licensing agreement shall provide for a payment to the Crossings Christian School of not more than Twenty Dollars ($20.00) for each license plate issued; 55. Hilldale Education Foundation License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Hilldale Education Foundation. The license plates shall be designed in consultation with the administration of the Hilldale Education Foundation. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Hilldale Education Foundation for any licensing fees which may be required in order to use the foundation's logo or design. The licensing agreement shall provide for a payment to the Hilldale Education Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 56. Oklahoma Nurses License Plate - such plates shall be issued to any person licensed pursuant to the Oklahoma Nursing Practice Act and providing such documentation of current licensure as may be required by the Oklahoma Tax Commission Service Oklahoma . The license plates shall be designed in consultation with the Oklahoma Nurses Association. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Nurses License Plate Revolving Fund created in Section 1104.26 of this title; 57. Oklahoma Sports Hall of Fame License Plate - such plates shall be issued to any person wishing to demonstrate support for the Oklahoma Sports Hall of Fame. The license plates shall be designed in consultation with the administration of the Oklahoma Sports Hall of Fame. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Sports Hall of Fame for any licensing fees which may be required in order to use the Hall of Fame's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Sports Hall of Fame of not more than Twenty Dollars ($20.00) for each license plate issued; 58. Childhood Cancer Awareness License Plate - such plates shall be issued to any person wishing to demonstrate support for the Oklahoma Children's Cancer Association. The license plates shall be designed in consultation with the administration of the Oklahoma Children's Cancer Association. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Children's Cancer Association for any licensing fees which may be required in order to use the Oklahoma Children's Cancer Association's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Children's Cancer Association of not more than Twenty Dollars ($20.00) for each license plate issued; 59. Oklahoma Educational Television Authority License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Educational Television Authority and such plates shall be designed in consultation with the Authority. As provided in this section, an amount of the fee collected shall be deposited in The Educational Television Authority Revolving Fund created in Section 156 of Title 62 of the Oklahoma Statutes; 60. Remembering Fallen Heroes License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Concerns of Police Survivors, Inc. Such plates shall be designed in consultation with the Oklahoma chapter of Concerns of Police Survivors, Inc. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Concerns of Police Survivors License Plate Revolving Fund created in Section 1104.27 of this title; 61. Disabled American Veterans License Plate - such plates shall be designed in consultation with the Disabled American Veterans Department of Oklahoma and issued to any member of the organization wishing to demonstrate support. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Disabled American Veterans Department of Oklahoma for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Disabled American Veterans Department of Oklahoma of not more than Twenty Dollars ($20.00) for each license plate issued. The plates shall incorporate a numbering system agreed upon by the Disabled American Veterans Department of Oklahoma and the Tax Commission Service Oklahoma ; 62. Owasso Rams Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Owasso Rams, and shall be designed in consultation with representatives of Owasso Schools. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 63. Collinsville Cardinals Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Collinsville Cardinals, and shall be designed in consultation with representatives of Collinsville Schools. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 64. Sperry Pirates Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Sperry Pirates, and shall be designed in consultation with representatives of Sperry Schools. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 65. Skiatook Bulldogs Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Skiatook Bulldogs, and shall be designed in consultation with representatives of Skiatook Schools. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 66. Rejoice Christian Eagles Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Rejoice Christian Eagles, and shall be designed in consultation with representatives of Rejoice Christian Schools. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 67. East Central Cardinals Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the East Central Cardinals, and shall be designed in consultation with representatives of East Central Schools. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 68. Southeast Spartans Supporter License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Southeast Spartans, and shall be designed in consultation with the Southeast High School Alumni Association. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Education Reform Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma Statutes; 69. Sooner State ABATE License Plate - such plates shall be issued to any person wishing to provide financial support for Sooner State ABATE. The license plates shall be designed in consultation with Sooner State ABATE. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized plates. The license plate for a motorcycle may be of similar design as space permits or a new design in order to meet the space requirements of a motorcycle license plate. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with Sooner State ABATE for any licensing fees, which may be required in order to use the association's logo or design. The licensing agreement shall provide for a payment to Sooner State ABATE of not more than Twenty Dollars ($20.00) for each license plate issued. Subject to the provisions of subsection A of this section, the Sooner State ABATE License Plate is hereby reauthorized effective November 1, 2019; 70. Oklahoma License to Educate License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Oklahoma educators. Such plates shall be designed in consultation with the State Department of Education. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Teacher Recruitment Revolving Fund created in Section 6-132 of Title 70 of the Oklahoma Statutes; 71. Piedmont Education Foundation License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Piedmont Public Schools Education Foundation. Such plates shall be designed in consultation with the Foundation. As provided in this section, an amount of the fee collected shall be deposited in the Piedmont Public Schools Education Foundation License Plate Revolving Fund created in Section 1104.28 of this title; 72. The Pride of Oklahoma License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the University of Oklahoma Marching Band and shall be designed in consultation with the University of Oklahoma Marching Band. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the University of Oklahoma or the University of Oklahoma Marching Band for any licensing fees which may be required in order to use the applicable logo or design. The licensing agreement shall provide for a payment to the Pride of Oklahoma Fund at the University of Oklahoma Foundation, Inc. of not more than Twenty Dollars ($20.00) for each license plate issued; 73. Jenks Trojans License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Jenks School District. The license plates shall be designed in consultation with the administration of the Jenks School District. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Jenks School District for any licensing fees which may be required in order to use the school district's logo or design. The licensing agreement shall provide for a payment to the Jenks School District of not more than Twenty Dollars ($20.00) for each license plate issued; 74. Bixby Spartans License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Bixby School District. The license plates shall be designed in consultation with the administration of the Bixby School District. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Bixby School District for any licensing fees which may be required in order to use the school district's logo or design. The licensing agreement shall provide for a payment to the Bixby School District of not more than Twenty Dollars ($20.00) for each license plate issued; 75. Oklahoma Aeronautics Commission License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma aviation industry and to promote awareness of aviation and aerospace. Such plates shall be designed in consultation with the Oklahoma Aeronautics Commission and shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. Twenty-four Dollars ($24.00) of the fee collected shall be deposited in the Oklahoma Aeronautics Commission Revolving Fund, for expenditure as provided in Section 91 of Title 3 of the Oklahoma Statutes; 76. Ducks Unlimited License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for Ducks Unlimited. Such plates shall be designed in consultation with Ducks Unlimited. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with Ducks Unlimited for any licensing fee which may be required in order to use the Ducks Unlimited logo or design. The licensing agreement shall provide for a payment to Ducks Unlimited of not more than Twenty Dollars ($20.00) for each license plate issued; 77. Prisoner of War and Missing in Action License Plate - such plates shall be issued to any person wishing to increase awareness of those who are currently prisoners of war or missing in action and provide financial support for current veterans. The license plates shall be designed in consultation with Rolling Thunder Oklahoma. As provided in this section, an amount of the fee collected shall be deposited in the Prisoner of War and Missing in Action License Plate Revolving Fund created in Section 1104.29 of this title; 78. Woodward Boomers License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Woodward School District. The license plates shall be designed in consultation with the administration of the Woodward School District. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Woodward School District for any licensing fees which may be required in order to use the school district's logo or design. The licensing agreement shall provide for a payment to the Woodward School District of not more than Twenty Dollars ($20.00) for each license plate issued; 79. Clinton Public School Foundation License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Clinton Public School Foundation. The license plates shall be designed in consultation with the Clinton Public School Foundation. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Clinton Public School Foundation for any licensing fees which may be required in order to use the school foundation's logo or design. The licensing agreement shall provide for a payment to the Clinton Public School Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 80. Navajo School Foundation License Plate - such plates shall be issued to any person wishing to demonstrate support for the Navajo School Foundation. The license plates shall be designed in consultation with the administration of the Navajo School Foundation. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Navajo School Foundation for any licensing fees which may be required in order to use the Foundation's logo or design. The licensing agreement shall provide for a payment to the Navajo School Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 81. Oklahoma Music Hall of Fame Inc. License Plate - such plates shall be designed in consultation with the Oklahoma Music Hall of Fame Inc. and issued to any member of the organization wishing to demonstrate support. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Music Hall of Fame Inc. for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Music Hall of Fame Inc. of not more than Twenty Dollars ($20.00) for each license plate issued. The plates shall incorporate a numbering system agreed upon by the Oklahoma Music Hall of Fame Inc. and the Tax Commission Service Oklahoma . Subject to the provisions of subsection A of this section, the Oklahoma Music Hall of Fame Inc. License Plate is hereby reauthorized effective November 1, 2019; 82. Techlahoma Foundation License Plate - such plates shall be issued to any person wishing to provide financial support for the Techlahoma Foundation. The license plate shall be designed in consultation with the Techlahoma Foundation. The plate shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Techlahoma Foundation for any licensing fees, which may be required in order to use the association's logo or design. The licensing agreement shall provide for a payment to the Techlahoma Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 83. Bethany Public Schools Foundation License Plate - such plates shall be issued to any person wishing to demonstrate support for the Bethany Public Schools Foundation. The license plates shall be designed in consultation with the administration of the Bethany Public Schools Foundation. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Bethany Public Schools Foundation for any licensing fees which may be required in order to use the Foundation's logo or design. The licensing agreement shall provide for a payment to the Bethany Public Schools Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 84. Cystic Fibrosis Foundation License Plate - such plates shall be issued to any person wishing to demonstrate support for the Cystic Fibrosis Foundation. The license plates shall be designed in consultation with the administration of the Cystic Fibrosis Foundation. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Cystic Fibrosis Foundation for any licensing fees which may be required in order to use the Foundation's logo or design. The licensing agreement shall provide for a payment to the Cystic Fibrosis Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 85. Down Syndrome Association of Central Oklahoma License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Down Syndrome Association of Central Oklahoma. Such plates shall be designed in consultation with the Association. As provided in this section, an amount of the fee collected shall be deposited in the Down Syndrome Association of Central Oklahoma License Plate Revolving Fund created in Section 1104.30 of this title; 86. Elk City Education Foundation License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Elk City Education Foundation. Such plates shall be designed in consultation with the Foundation. As provided in this section, an amount of the fee collected shall be deposited in the Elk City Education Foundation License Plate Revolving Fund created in Section 1104.31 of this title; 87. A Brotherhood Aiming Toward Education of Oklahoma (ABATE) License Plate - such plates shall be designed and issued to any person wishing to provide financial support for ABATE of Oklahoma. Such plates shall be designed in consultation with ABATE of Oklahoma. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized plates. The license plate for a motorcycle may be of similar design as space permits or a new design in order to meet the space requirements of a motorcycle license plate. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with ABATE of Oklahoma for any licensing fees which may be required in order to use the ABATE of Oklahoma logo or design. The licensing agreement shall provide for a payment to ABATE of Oklahoma of not more than Twenty Dollars ($20.00) for each license plate issued; 88. Downed Bikers Association License Plate - such plates shall be designed for a vehicle or motorcycle in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates, and issued to any person wishing to demonstrate support for the Downed Bikers Association, a nonprofit charitable organization exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), which provides emotional and financial support for downed bikers. The license plate shall be designed in consultation with the Central Oklahoma Chapter of the Downed Bikers Association and shall contain any official logo or design of the organization. The license plate for a motorcycle may be of similar design as space permits or a new design in order to meet the space requirements of a motorcycle license plate. The Tax Commission Service Oklahoma , if necessary, may enter into a licensing agreement with the Downed Bikers Association for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Downed Bikers Association of not more than Twenty Dollars ($20.00) for each license plate; 89. Eagle Scout License Plate - such plates shall be designed to demonstrate support for Eagle Scouts and shall include the Eagle Scout logo. Plates may be issued to any person who can show proof of having obtained the rank of Eagle Scout. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the various Oklahoma local councils for any licensing fees which may be required in order to use the applicable logo or design. The licensing agreement shall provide for a payment of not more than Twenty Dollars ($20.00) for each license plate issued to the specific Oklahoma local area Council designated by the applicant; 90. Extraordinary Educators License Plate - such plates shall be designed and issued to any person wishing to provide financial support for common education in Oklahoma. Such plates shall be designed in consultation with the State Department of Education. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. As provided in this section, an amount of the fee collected shall be deposited in the Extraordinary Educators License Plate Revolving Fund created in Section 1104.32 of this title; 91. Former Oklahoma Legislator License Plate - such plates shall be designed and issued to any person who previously served as a member of the Oklahoma House of Representatives or Oklahoma State Senate. The license plates shall be designed in consultation with the Oklahoma Historical Society. As provided in this section, an amount of the fee collected shall be deposited in the Oklahoma Historical Society Capital Improvement and Operations Revolving Fund created in Section 1.10a of Title 53 of the Oklahoma Statutes. The Tax Commission Service Oklahoma shall create and maintain a list of former members of the Oklahoma House of Representatives and Oklahoma State Senate eligible to be issued such plates; provided, that no former member of the Oklahoma House of Representatives and Oklahoma State Senate shall be eligible to possess more than two of such plates at any one time. The Tax Commission Service Oklahoma shall confer as needed with the Chief Clerk of the Oklahoma House of Representatives and the Secretary of the Oklahoma State Senate to confirm that such list is complete and accurate; 92. Monarch Butterfly License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the operations of the Nature Conservancy of Oklahoma. Such plates shall be designed in consultation with the Oklahoma Chapter of the Nature Conservancy. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Nature Conservancy of Oklahoma for any licensing fees which may be required in order to use the foundation's logo or design. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The licensing agreement shall provide for a payment to the Nature Conservancy of Oklahoma of not more than Twenty Dollars ($20.00) for each license plate issued; 93. Oklahoma Tennis Foundation License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Tennis Foundation. The license plates shall be designed in consultation with the Oklahoma Tennis Foundation. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Tennis Foundation for any licensing fees which may be required in order to use the foundation's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Tennis Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; 94. Oklahoma Veterans of Foreign Wars License Plate - such plates shall be designed to honor the Oklahoma Veterans of Foreign Wars and shall be issued to any resident of this state upon proof of membership in the Oklahoma Veterans of Foreign Wars organization. The license plates shall be designed in consultation with the Oklahoma Veterans of Foreign Wars organization. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Veterans of Foreign Wars organization for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Veterans of Foreign Wars organization of not more than Twenty Dollars ($20.00) for each license plate issued. The Tax Commission Service Oklahoma shall reinstate any Veterans of Foreign Wars license plates issued prior to November 1, 2021, and shall reimburse any individual who held a Veterans of Foreign Wars License Plate on October 31, 2021, for fees incurred for the replacement of such plate; 95. Oklahoma Women Veterans Organization License Plate - such plates shall be designed and issued to any female veteran of any branch of the United States Armed Forces wishing to demonstrate support for the Oklahoma Women Veterans Organization. The license plates shall be designed in consultation with the Oklahoma Women Veterans Organization. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Women Veterans Organization for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Women Veterans Organization of not more than Twenty Dollars ($20.00) for each license plate issued; 96. FIRST (For Inspiration and Recognition of Science and Technology) License Plate - such plates shall be issued to any person wishing to demonstrate support for FIRST Robotics Programs. The license plates shall be designed in consultation with the administration of FIRST. The Oklahoma Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with FIRST for any licensing fees which may be required in order to use the FIRST logo or design. The licensing agreement shall provide for a payment to FIRST of not more than Twenty Dollars ($20.00) for each license plate issued; 97. Pittsburg State University License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Pittsburg State University. The license plates shall be designed in consultation with Pittsburg State University. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with Pittsburg State University for any licensing fees which may be required in order to use the school foundation's logo or design. The licensing agreement shall provide for a payment to the Pittsburg State University of not more than Twenty Dollars ($20.00) for each license plate issued; 98. Historic Greenwood District License Plate - such plates shall be issued to persons wishing to demonstrate support for the Historic Greenwood District Juneteenth Festival held in the Historic Greenwood District in Tulsa, Oklahoma. The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates. The license plates shall be designed in consultation with the Black Wall Street Chamber of Commerce. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Historic Greenwood District Juneteenth Festival for any licensing fees which may be required in order to use the Festival's logo or design. For each license plate issued, the licensing agreement shall provide for a payment of Twenty-five Dollars ($25.00) of the fee collected to the Historic Greenwood District Juneteenth Festival and an additional Two Dollars ($2.00) of the fee collected shall be deposited in the Public School Classroom Support Revolving Fund, for expenditure as provided in Section 1-123 of Title 70 of the Oklahoma Statutes; 99. Oklahoma Veterans of Foreign Wars Auxiliary License Plate - such plates shall be designed to honor the Oklahoma Veterans of Foreign Wars Auxiliary and issued to any resident of this state upon proof of membership in the Oklahoma Veterans of Foreign Wars Auxiliary organization in this state. The license plates shall be designed in consultation with the Oklahoma Veterans of Foreign Wars Auxiliary organization. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Veterans of Foreign Wars Auxiliary organization for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Veterans of Foreign Wars Auxiliary organization of not more than Twenty Dollars ($20.00) for each license plate issued; 100. Transportation to Transportation License Plate - such plates shall be designed and issued to persons wishing to support county roads and bridges. The license plates shall be designed in consultation with the Association of County Commissioners of Oklahoma. Twenty Dollars ($20.00) of the fee collected shall be paid to the county treasurer for the county in which the license plate was purchased to be credited to the County Highway Fund created pursuant to Section 1503 of Title 69 of the Oklahoma Statutes; 101. Blue Star Mothers License Plate - such plates shall be designed and issued to any person showing proof of membership in an Oklahoma Chapter of Blue Star Mothers of America, Inc. The license plates shall be designed in consultation with Blue Star Mothers of America, Inc., Oklahoma Chapter One. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with Blue Star Mothers of America, Inc., Oklahoma Chapter One for any licensing fees which may be required in order to use the Blue Star Mothers of America logo or design. The licensing agreement shall provide for a payment to Blue Star Mothers of America, Inc., Oklahoma Chapter One of not more than Twenty Dollars ($20.00) for each license plate issued; 102. Stillwater Public Schools License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Stillwater School District. The license plates shall be designed in consultation with the administration of the Stillwater School District. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Stillwater School District for any licensing fees which may be required in order to use the school district's logo or design. The licensing agreement shall provide for a payment to the Stillwater School District of not more than Twenty Dollars ($20.00) for each license plate issued; 103. Oklahoma Golf License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the sport of golf in Oklahoma. The license plates shall be designed in consultation with the South Central Section of the Professional Golfers' Association of America and issued to any person wishing to demonstrate support for the sport of golf in Oklahoma. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the South Central Section of the Professional Golfers' Association of America for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the South Central Section of the Professional Golfers' Association of America of not more than Twenty Dollars ($20.00) for each license plate issued; 104. Paramedic License Plate - such plates shall be designed and issued to any person who is a paramedic. Such persons may apply for a paramedic license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a paramedic license. The license plates shall be designed in consultation with the Oklahoma State University-Oklahoma City Paramedicine Program and the Oklahoma Emergency Medical Technicians Association. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Emergency Medical Technicians Association for any licensing fees which may be required in order to use the Association's logo or design. The licensing agreement shall provide for deposit to the Emergency Medical Personnel Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63 of the Oklahoma Statutes of not more than Twenty Dollars ($20.00) for each license plate issued; 105. National Defense Service Medal License Plate - such plates shall be designed and issued to those persons who have received the National Defense Service Medal and wish to demonstrate support for the Oklahoma Department of Veterans Affairs. The license plates shall be designed in consultation with the Oklahoma Department of Veterans Affairs. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Oklahoma Department of Veterans Affairs for any licensing fees which may be required in order to use the Department's logo or design. The licensing agreement shall provide for a payment to the Oklahoma Department of Veterans Affairs of not more than Twenty Dollars ($20.00) for each license plate issued; 106. University of Oklahoma RUF/NEKS License Plate - such plates shall be designed and issued to any past or present member of the University of Oklahoma RUF/NEKS upon providing proof of membership in the organization as may be required by the Tax Commission Service Oklahoma . The license plates shall be designed in consultation with the University of Oklahoma RUF/NEKS. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the University of Oklahoma RUF/NEKS for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the University of Oklahoma RUF/NEKS Scholarship Fund of not more than Twenty Dollars ($20.00) for each license plate issued; 107. Tulsa Community College License Plate - such plates shall be issued to persons wishing to support Tulsa Community College. The plates shall be designed in consultation with Tulsa Community College. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with Tulsa Community College for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to Tulsa Community College of not more than Twenty Dollars ($20.00) for each license plate issued; 108. Guthrie Street Kings License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Guthrie Street Kings. The license plates shall be designed in consultation with the Guthrie Street Kings. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the Guthrie Street Kings for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Guthrie Street Kings of not more than Twenty Dollars ($20.00) for each license plate issued; 109. Epilepsy Foundation License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Epilepsy Foundation. The license plates shall be designed in consultation with the Epilepsy Foundation of Oklahoma. The Tax Commission Service Oklahoma shall be authorized to enter into licensing agreements with the Epilepsy Foundation for any licensing fees which may be required in order to use the organization's logo or design. The licensing agreement shall provide for a payment to the Epilepsy Foundation of not more than Twenty Dollars ($20.00) for each license plate issued; and 110. America First License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the proclamation of "America First". The license plates shall be designed in consultation with Warriors for Freedom and the Honoring America's Warriors Foundations. The Tax Commission Service Oklahoma shall be authorized to enter into licensing agreements with the Warriors for Freedom and Honoring America's Warriors Foundations for any licensing fees which may be required in order to use the Foundations' logos or designs. The licensing agreements shall provide for a payment to the Honoring America's Warriors Foundation of not more than Ten Dollars ($10.00) and a payment to the Warriors for Freedom Foundation of not more than Ten Dollars ($10.00) for each license plate issued. C. The fee for such plates shall be Thirty-five Dollars ($35.00) per year of renewal and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. The fee shall be apportioned as follows: 1. Twenty Dollars ($20.00) per year of renewal or any other amount as provided in this title of the fee shall be apportioned as provided or deposited in a fund as specified within the paragraph authorizing the special license plate; 2. Eight Dollars ($8.00) per year of renewal of the fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act . Beginning January 1, 2023, Eight Dollars ($8.00) per year of renewal of the fee shall be deposited in the Service Oklahoma Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act ; and 3. Any remaining amounts of the fee shall be apportioned as provided in Section 1104 of this title. |SECTION 167. AMENDATORY 47 O.S. 2021, Section 1135.6, as amended by Section 8, Chapter 276, O.S.L. 2021, is amended to read as follows: Section 1135.6 The Oklahoma Tax Commission Service Oklahoma is hereby authorized to design and issue National Association for Stock Car Auto Racing Driver ("NASCAR") Theme License Plates. Such plates shall be designed and issued to any person wishing to demonstrate interest in NASCAR auto racing. The plates shall be of such design as the supplier of the license plates in consultation with the Oklahoma Tax Commission Service Oklahoma may prescribe. The fee for such plate shall be Forty Dollars ($40.00) and shall be in addition to all other registration fees required by the Oklahoma Vehicle License and Registration Act. On and after January 1, 2022, if a special license plate is issued pursuant to this section, any registration fee required for such plate pursuant to this section and the fee required pursuant to Section 1132 of this title shall be remitted at the same time and subject to a single registration period. The Oklahoma Tax Commission Service Oklahoma shall determine, by rule, a method for making required fee and registration period adjustments if a special license plate is obtained during a twelve-month period for which a registration fee has already been remitted pursuant to Section 1132 of this title. The combination of fees in a single remittance shall not alter the apportionment otherwise provided for in this section. The Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with the supplier of such NASCAR Driver license plates or other entity for any required licensing fees. The licensing agreement shall provide for a payment of not more than Twenty-five Percent (25%) of the fee authorized for each license plate issued. Five Dollars ($5.00) of the forty-dollar fee shall be apportioned to the General Revenue Fund. The remaining amount of such fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the remaining amount of such fee shall be deposited in the Service Oklahoma Reimbursement Fund. For license plates numbered zero (0) through one hundred (100) displaying a particular NASCAR Driver theme, the Oklahoma Tax Commission Service Oklahoma may establish an auction or similar procedure for the purpose of determining the order in which such distinctive license plates are sold and the amount of the additional fee for the distinctive license plates. This amount shall be due at the time the original application is submitted to the Tax Commission Service Oklahoma and Forty Dollars ($40.00) thereafter annually at the time of renewal registration. |SECTION 168. AMENDATORY 47 O.S. 2021, Section 1135.7, as amended by Section 7, Chapter 543, O.S.L. 2021, is amended to read as follows: Section 1135.7 A. The Oklahoma Tax Commission Service Oklahoma or a private vendor with whom the Commission Service Oklahoma has contracted is authorized to design and issue special license plates to any person that applies to the Tax Commission Service Oklahoma or a private vendor for the creation of a special license plate and meets the minimum standards and qualifications specified in this section. B. If the following standards and guidelines are satisfied, the Tax Commission Service Oklahoma shall authorize the issuance of a special license plate to the person making application for the special license plate: 1. The license plate is to: a. show membership in or affiliation with an organization, or b. demonstrate support for an organization, group or cause; 2. The license plate does not advertise or endorse a product, brand or service that is provided for sale; 3. The license plate does not promote any philosophy based on prejudice or that is contrary to state civil rights laws; and 4. Two hundred prepaid applications for the special license plate are received by the Tax Commission Service Oklahoma or a private vendor. C. The fee for special license plates shall be determined in accordance with Section 1135.9 of this title. If the special license plate does not provide financial assistance the fee shall be no less than Fifteen Dollars ($15.00) per year of renewal and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. Unless otherwise provided in this section, Fifteen Dollars ($15.00) of the fee shall be apportioned as follows: Eight Dollars ($8.00) of the special license plate fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act and the remaining amounts of the special license plate fee shall be apportioned as provided in Section 1104 of this title. Beginning January 1, 2023, Eight Dollars ($8.00) of the special license plate fee shall be deposited in the Service Oklahoma Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act and the remaining amounts of the special license plate fee shall be apportioned as provided in Section 1104 of this title. D. For special license plates that provide financial assistance created pursuant to the provisions of this section, the Tax Commission Service Oklahoma shall be authorized to enter into a licensing agreement with an organization for any licensing fees that may be required to use the organization's logo or design. E. The fee for special license plates that provide financial assistance shall be determined in accordance with Section 1135.9 of this title. Provided, the fee shall be no less than Thirty-five Dollars ($35.00) and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. Thirty-five Dollars ($35.00) per year of renewal of the fee shall be apportioned as follows: 1. a. Twenty Dollars ($20.00) of the fee shall be apportioned to the License Plate Special Program Assistance Revolving Fund created in Section 1135.8 of this title to be used in the manner detailed in the application for the special license plate, except as provided in subparagraph b of this paragraph. b. If the Tax Commission Service Oklahoma has entered into a licensing agreement with an organization for the use of its design or logo pursuant to Chapter 74 of this title, an amount to be determined in the licensing agreement, but not to exceed Twenty Dollars ($20.00) per license plate issued, shall be transferred monthly to that organization as payment of licensing fees and no fee shall be apportioned to the License Plate Special Program Assistance Revolving Fund; 2. Eight Dollars ($8.00) of the fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act . Beginning January 1, 2023, Eight Dollars ($8.00) of the fee shall be deposited in the Service Oklahoma Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act ; and 3. Any remaining amounts of the fee shall be apportioned as provided in Section 1104 of this title. F. Except as otherwise provided in subsection D and subparagraph b of paragraph 1 of subsection E of this section, if a person applies for a special license plate that provides financial assistance, the application shall designate a state agency to be responsible for expending the funds generated by the special license plate and the application shall designate a specific public purpose for which the funds are to be used. The application shall include an acknowledgment from the designated state agency of their agreement with acceptance of the designated funds. G. Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained. The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year. Special license plates shall be renewed each year by the Tax Commission Service Oklahoma or a motor license agent licensed operator , unless authorized by the Tax Commission Service Oklahoma to be renewed for a period greater than one (1) year. The Tax Commission Service Oklahoma shall notify all persons issued special license plates of the renewal procedures prior to the expiration of the special license plate. The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agen t licensed operator or the Tax Commission Service Oklahoma . The license plates shall be issued on a staggered system. The Tax Commission Service Oklahoma is hereby directed to develop and implement a system whereby motor license agents licensed operators are permitted to accept applications for special license plates authorized under this section. The motor license agent licensed operator shall confirm the applicant's eligibility, if applicable, collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly. For performance of these duties, motor license agents licensed operators shall retain the fee provided in Section 1141.1 of this title for registration of a motor vehicle. The motor license agent licensed operator fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund. Beginning January 1, 2023, the licensed operator fees for acceptance of applications and renewals shall be paid out of the Service Oklahoma Reimbursement Fund. H. All special plates issued by the Tax Commission Service Oklahoma prior to November 1, 2005, shall not be subject to the requirements and qualifications outlined in this section. I. As used in this section, "person" includes an individual, group, organization or not-for-profit corporation that is recognized as such by the Internal Revenue Service. |SECTION 169. AMENDATORY 47 O.S. 2021, Section 1135.8, is amended to read as follows: Section 1135.8 A. 1. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tax Commission, to be designated the "License Plate Special Program Assistance Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by paragraph 1 of subsection D E of Section 6 of this act 1135.7 of this title . 2. There is hereby created in the State Treasury a revolving fund for Service Oklahoma, to be designated the "Service Oklahoma License Plate Special Program Assistance Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by paragraph 1 of subsection E of Section 1135.7 of this title, beginning January 1, 2023. B. All monies accruing to the credit of said fund are hereby appropriated and shall be expended by the Tax Commission on December 31 of each year. Beginning January 1, 2023, all monies accruing to the credit of said fund are hereby appropriated and shall be expended by Service Oklahoma on December 31 of each year. The monies shall be distributed to the appropriate state agency to be expended in accordance with the specifications contained in the application for each special license plate that provides financial support in an amount based on the number of special license plates that are in circulation for that particular organization. |SECTION 170. AMENDATORY 47 O.S. 2021, Section 1135.9, is amended to read as follows: Section 1135.9 A. The Oklahoma Tax Commission Service Oklahoma is authorized to enter into a contract with a private vendor experienced in the marketing and sale of: 1. Personalized license plates authorized under Section 1135.4 of Title 47 of the Oklahoma Statutes; and 2. Special license plates authorized under Sections 1135.3, ll35.5 and 1135.7 of Title 47 of the Oklahoma Statutes. B. 1. The Commission Service Oklahoma shall establish by rule administrative fees for license plates issued and renewed under the provisions of subsection A of this section. The administrative fees authorized by this paragraph shall be reasonable but not less than the amounts necessary for the Commission Service Oklahoma to recover costs to the Commission Service Oklahoma associated with the: a. awarding of the contract authorized by this section, b. implementation and enforcement of such contract, and c. direct and indirect administrative costs associated with administering the provisions of this section. 2. The fees authorized by this subsection shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act, including the fees required by Sections 1135.3, 1135.4, ll35.5 and 1135.7 of Title 47 of the Oklahoma Statutes. C. The contracted amount payable to a private vendor related to the marketing and sale of special license plates shall only be payable from amounts derived from administrative fees associated with the issuance and renewal of such personalized and special license plates. D. 1. The Commission Service Oklahoma may approve additional designs and color combinations for personalized and special license plates authorized under the provisions of Title 47 of the Oklahoma Statutes, including for special license plates that may be personalized, that may be marketed and sold by a private vendor under a contract entered into under the provisions of this section. Each approved license plate design and color combination shall remain the property of the Commission Service Oklahoma . 2. This subsection shall not be interpreted to authorize: a. the Commission Service Oklahoma to approve a design or color combination for a specialty license plate, or b. the private vendor to market or sell a special license plate with a design or color combination, that is inconsistent with the design or color combination specified for the license plate in the special license plate's authorizing statute. E. The Commission Service Oklahoma shall not: 1. Restrict the background color, color combinations or color alphanumeric license plate numbers of a special license plate, except as determined by the Department of Public Safety as necessary for law enforcement purposes; 2. Restrict the private vendor from conducting reasonable events or auctions; 3. Restrict the right of the private vendor to offer a variety of plate categories with both personalized and nonpersonalized patterns; or 4. Unreasonably disapprove or limit the ability for the private vendor to offer plate terms that exceed one (1) year. F. The Commission Service Oklahoma may cancel a license plate or require the discontinuation or redesign of a license plate design or color combination that is marketed and sold by a private vendor under contract at any time if the Commission Service Oklahoma determines that the cancellation or discontinuation is in the best interest of the state or the motoring public. G. To the extent fees collected under the provisions of this section are in excess of the total amounts provided in subparagraphs a, b and c of paragraph 1 of subsection B of this section and other apportionment provisions for personalized or specialized license plates, the excess amount shall be deposited to the credit of the General Revenue Fund. H. 1. A contract entered into with a private vendor under the provisions of this section shall provide for the Commission Service Oklahoma to recover all costs incurred by the Commission Service Oklahoma in implementing the provisions of this section. Under the provisions of the contract, the Commission Service Oklahoma may require the private vendor to reimburse the Commission Service Oklahoma in advance for: a. not more than one-half (1/2) of the Commission's Service Oklahoma's anticipated costs in initiating the contract, and b. the Commission's Service Oklahoma's anticipated costs in coordinating the introduction of a new special license plate. 2. The initial term of contract entered into under the provisions of this section shall be no less than five (5) years in duration. Such contract may provide for additional terms at least equal in length to the initial term of the contract. I. As applied to contracts entered under the provisions of this section, the Commission Service Oklahoma shall not: 1. Unreasonably disapprove or limit any aspect of a private vendor's marketing and sales plan; or 2. Unreasonably interfere with the selection, assignment or management by the private vendor of the private vendor's employees, agents or subcontractors. J. A private vendor shall not market and sell license plates that compete directly for sales with other special license plates issued under the provisions of Title 47 of the Oklahoma Statutes, unless the Commission Service Oklahoma and the agency or organization associated with the special license plate authorizes such marketing and sale. K. The Tax Commission Service Oklahoma is hereby directed to develop and implement a system whereby motor license agents licensed operators are permitted to accept applications for special license plates authorized under this section. The motor license agent licensed operator shall collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly. For performance of these duties, motor license agents licensed operators shall retain the fee provided in Section 1141.1 of Title 47 of the Oklahoma Statutes for each year of registration of a motor vehicle. The motor license agent licensed operator fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund. |SECTION 171. AMENDATORY 47 O.S. 2021, Section 1136.2, is amended to read as follows: Section 1136.2 A. Except as provided in this section, former military vehicles shall be exempt from the provisions of the Oklahoma Vehicle License and Registration Act if: 1. The former military vehicle is used only for exhibitions, club activities, parades, and other functions of public interest and will not be used for regular transportation; and 2. The owner of the former military vehicle files with the Oklahoma Tax Commission Service Oklahoma or a motor license agent licensed operator a sworn affidavit, signed by the owner, stating that the vehicle is a former military vehicle and will be used solely for the purposes listed in paragraph 1 of this subsection. B. Upon each former military vehicle, the annual license fee shall be Twenty Dollars ($20.00). Upon initial registration, the owner shall make application for the flat license fee which application shall include the year of manufacture and a description of the vehicle containing information as may be required by the Commission Service Oklahoma , including the information required in paragraphs 1 and 2 of subsection A of this section. C. A former military vehicle shall not be required to display a license plate if current proof of registration for the vehicle, in a form prescribed by the Commission Service Oklahoma , is carried in the vehicle. In addition, the vehicle shall display in a prominent location on the vehicle a registration mark prescribed by the Commission Service Oklahoma . The Commission Service Oklahoma shall allow the use of a unique identification mark similar to the mark assigned that vehicle by the branch of the armed forces in which the vehicle was used. If such a mark is not used, the Commission Service Oklahoma shall designate a registration mark consisting of numbers, letters, or numbers and letters in combination at least two (2) inches in height. To the extent possible, the location and design of the registration mark shall conform to the official military design and markings of the vehicle. D. A certificate of title shall be issued for a former military vehicle, and the applicable fees for the issuance of a certificate of title as provided pursuant to the Oklahoma Vehicle License and Registration Act shall apply. E. All penalties pursuant to the Oklahoma Vehicle License and Registration Act relating to the failure to register a vehicle shall apply to this section if the former military vehicle is not properly registered or is used in a manner which violates the provisions of paragraph 1 or 2 of subsection A of this section. F. As used in this section, "former military vehicle" means a vehicle which has been, but no longer is, used by the armed forces of a national government and which displays markings indicating it was a military vehicle. |SECTION 172. AMENDATORY 47 O.S. 2021, 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 the Oklahoma Tax Commission 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 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. The Oklahoma Tax Commission 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 the Commission Service Oklahoma or the Used Motor Vehicle and Parts 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 the Oklahoma Tax Commission 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. 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 thirty (30) days 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 approved by the Used Motor Vehicle and Parts Commission, upon a used motor vehicle, travel trailer or commercial trailer when a transaction is completed for the sale of said vehicle. 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 the Oklahoma Tax Commission Service Oklahoma or the Used Motor Vehicle and Parts Commission, the date the used motor vehicle, travel trailer or commercial trailer was purchased and the company name of the selling dealer. The Used Motor Vehicle and Parts 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. The Used Motor Vehicle and Parts 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 thirty (30) 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 thirty (30) days or until registration and title are obtained as provided in this section. 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 thirty (30) 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 thirty (30) days shall be subject to the registration fees of this state upon the same terms and conditions applying to residents of this state. 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 thirty (30) days 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 the Oklahoma Tax Commission 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. The Tax Commission Service Oklahoma shall design distinctive license plates for that purpose. The cost for said 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. |SECTION 173. AMENDATORY 47 O.S. 2021, Section 1137.2, is amended to read as follows: Section 1137.2 The Oklahoma Tax Commission Service Oklahoma shall have the sole authority to issue the dealer license plate specified in subsection A of Section 1137.1 of this title. |SECTION 174. AMENDATORY 47 O.S. 2021, Section 1137.3, is amended to read as follows: Section 1137.3 The purchaser of every new motor vehicle, travel trailer or commercial trailer shall register or license the same within thirty (30) days from the date of purchase. 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 approved by the Oklahoma Motor Vehicle Commission, upon a new motor vehicle, travel trailer or commercial trailer when a transaction is completed for the sale of said vehicle or trailer. 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 temporary license plate shall show the dealer's license number which is issued to him or her each year by the Oklahoma Tax Commission Service Oklahoma , the date the new motor vehicle, travel trailer or commercial trailer was purchased and the company name of the selling dealer. The Oklahoma 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. The 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 thirty (30) days from the date of purchase of a new motor vehicle, travel trailer or commercial trailer, said temporary license plate shall be removed and replaced with a permanent, current Oklahoma license plate. Use of said 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. It shall be unlawful for any licensed dealer of new motor vehicles, travel trailers or commercial trailers to procure the registration and licensing of any new motor vehicle, travel trailer or commercial trailer sold by such licensed dealer or to act as the agent for such purchaser in the procurement of said registration and licensing. The license of any licensed dealer of new motor vehicles, travel trailers or commercial trailers violating the provisions of this section shall be revoked. |SECTION 175. AMENDATORY 47 O.S. 2021, Section 1139.1, is amended to read as follows: Section 1139.1 At the time required for payment of any fee imposed pursuant to the provisions of the Oklahoma Vehicle License and Registration Act, any vehicle which is the subject of a lease or lease-purchase agreement between the owner of such vehicle and any county of this state shall be exempt from the fees so imposed. Owners of vehicles claiming the exemption provided by this section shall present adequate proof that the vehicle for which exemption is sought is the subject of a lease or lease-purchase agreement with a county of this state at the time any fee imposed by such act would otherwise be due. The Oklahoma Tax Commission Service Oklahoma shall have the authority to determine what constitutes adequate proof as required by this section. |SECTION 176. AMENDATORY 47 O.S. 2021, Section 1140, is amended to read as follows: Section 1140. A. The Oklahoma Tax Commission Service Oklahoma Operator Board shall adopt rules prescribing minimum qualifications and requirements for locating motor license agencies Service Oklahoma locations and for persons applying for appointment as a motor license agent a license to operate a designated Service Oklahoma location . Such qualifications and requirements shall include, but not be limited to, the following: 1. Necessary job skills and experience; 2. Minimum office hours; 3. Provision for sufficient staffing, equipment, office space and parking to provide maximum efficiency and maximum convenience to the public; 4. Obtainment of a faithful performance surety bond as provided for by law; 5. In counties with a population in excess of thirty thousand (30,000) persons according to the latest Federal Decennial Census, a requirement that operation of a motor license agency be the primary source of income for the agent; 6. 5. That the applicant has not been convicted of a felony and that no felony charges are pending against the applicant; 7. That a complete financial statement be submitted by the applicant on forms provided by the Tax Commission; 8. That a report of the applicant's credit history be obtained through the appropriate credit bureau; and 9. 6. That the location specified in the individual's application for appointment as a motor license agent a license to operate a designated Service Oklahoma location not be owned by a member of the Oklahoma Tax Commission Service Oklahoma or an employee of the Oklahoma Tax Commission Service Oklahoma or any person related to a member of the Oklahoma Tax Commission Service Oklahoma or an employee of the Tax Commission Service Oklahoma within the third degree by consanguinity or affinity , marriage or adoption and that the location not be within a three-mile radius of an existing motor license agency Service Oklahoma location unless the applicant is assuming the location of an operating agency. If the applicant is assuming the location of an existing or operating agency, the current agent may submit a letter of resignation contingent upon the appointment of the applicant regardless of the population of the municipality in which the agency is located. The Tax Commission may, at its discretion, approve the relocation of an existing agency within a three-mile radius of another existing agency only if a naturally intervening geographic barrier within that radius causes the locations to be separated by not less than three (3) miles of roadway by the most direct route Service Oklahoma location; 7. That a single website, designated by Service Oklahoma will be used for the distribution of services provided by Service Oklahoma with motor vehicle services to be fulfilled by licensed operators; 8. Licensed operators will attend all required training provided by Service Oklahoma; and 9. That there should be at least one Service Oklahoma location in each county . B. After the necessary information has been forwarded to the Tax Commission, the Tax Commission or its designees may select applicants to be interviewed and each item of information shall be reviewed. 1. Any person making application to the Tax Commission Service Oklahoma Operator Board for the purpose of becoming a motor license agent obtaining a license to operate a designated Service Oklahoma location shall pay , when submitting the application, a nonrefundable application fee of One Hundred Dollars ($100.00). All such application fees shall be deposited in the Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023, all such application fees shall be deposited in the Service Oklahoma Revolving Fund. 2. Any person making application to the Service Oklahoma Operator Board for the purpose of obtaining a license to operate a designated Service Oklahoma location shall meet standardization and branding requirements established by the Service Oklahoma Operator Board, upon recommendation from Service Oklahoma. Upon approval, the person shall either pay a fee to Service Oklahoma for all costs related to meeting the standardization and branding requirements or obtain approval from the Service Oklahoma Operator Board that the location meets all standardization and branding requirements. All such fees shall be deposited in the Service Oklahoma Revolving Fund. The amount of the license fee shall be determined by the Service Oklahoma Operator Board. This provision shall not apply to any existing Service Oklahoma location. C. Upon application by a person to serve as a motor license agent licensed operator , in such counties, the Tax Commission Service Oklahoma Operator Board is authorized to make a determination whether such person and such location meets the qualifications and requirements prescribed herein criteria and guidelines established by the Service Oklahoma Operator Board and, if such be the case, may appoint such person to serve as a motor license agent issue a license to operate a designated Service Oklahoma location . D. A motor license agent, appointed pursuant to this subsection, shall be permitted to operate a motor license agency at a single location and shall be prohibited from operating subagencies or branch agencies. Motor license agents appointed pursuant to this section 1. A licensed operator may be permitted, upon application, to sell or transfer an existing license to operate a designated Service Oklahoma location. Any sale or transfer of a license is subject to approval of the Service Oklahoma Operator Board. In order to sell or transfer an existing license, the licensed operator shall meet the following guidelines and requirements: a. the licensed operator shall be in good standing with Service Oklahoma and the Service Oklahoma Operator Board, b. the licensed operator shall have held a licensed operator license, issued by the Service Oklahoma Operator Board, for a minimum of five (5) years, and c. the licensed operator shall provide the Service Oklahoma Operator Board evidence that the proposed buyer or transferee of the licensed operator licensee meets the qualifications and requirements set forth in subsection A of this section, has the ability to meet all financial requirements and terms of any current existing contract between the licensed operator and Service Oklahoma, and agrees to the onboarding and training requirements of Service Oklahoma, as established by Service Oklahoma and the Service Oklahoma Operator Board. 2. The purchase price of a licensed operator license shall be agreed upon by the licensed operator and the individual purchasing the license to operate the designated Service Oklahoma location. However, the purchaser or transferee agrees to pay a transfer fee to Service Oklahoma in the amount of three percent (3%) of the last annual gross revenue from fees retained at the Service Oklahoma location to be purchased, not to exceed Fifteen Thousand Dollars ($15,000.00). The transfer fee shall be deposited in the Service Oklahoma Revolving Fund. 3. Upon receipt of the application to sell or transfer an existing licensed operator license, the Service Oklahoma Operator Board will determine whether the licensed operator license may be sold or transferred on the condition that the existing location is in good standing and the new licensee meets the requirements outlined in this act. 4. The Service Oklahoma Operator Board may, at its discretion, buy back a licensed operator license from a licensed operator who desires to sell or transfer its license operator license but has held a licensed operator license issued by Service Oklahoma for less than five (5) years. The purchase price for such a license will be at one-half (1/2) times the most recent annual revenue from fees retained of that Service Oklahoma location, not to exceed Two Hundred Thousand Dollars ($200,000.00). E. 1. Licensed operators shall be subject to all laws relating to motor license agents licensed operators and shall be subject to removal for cause by the Tax Commission Service Oklahoma Operator Board . Any action taken by the Tax Commission Service Oklahoma Operator Board to remove or revoke a motor license agent from his or her position license shall be pursuant to and in accordance with the provisions of the Administrative Procedures Act. For the purposes of this section, "for cause" shall be defined as follows: 1. Repeated a. repeated violations of written contracts, rules, regulations and statutes pertaining to motor license agents licensed operators after written warning by the Tax Commission Service Oklahoma Operator Board and an opportunity to correct such violations ; , 2. Failure b. failure of the motor license agent licensed operator to promptly remit funds owed to the Tax Commission Service Oklahoma upon written demand ; , 3. Being c. being charged with a felony crime involving dishonesty or moral turpitude ; , 4. Failure d. failure to timely file state and federal income tax returns ; , or 5. Any e. any act of official misconduct as set forth in Section 93 of Title 51 of the Oklahoma Statutes. The Tax Commission shall appoint as many motor license agents as it deems necessary to carry out the provisions of the Motor Vehicle License and Registration Act. There shall be no less than one (1) motor license agent located in a county of this state. Provided, that in counties with a population in excess of twenty-five thousand (25,000) persons, according to the latest Federal Decennial Census, having only one motor license agent serving the county, the Tax Commission may establish at least one additional agency to serve the county. E. In the event a license is revoked by the Service Oklahoma Operator Board for cause, the Service Oklahoma location operated by the licensed operator will be permanently closed and the licensed operator shall not be entitled to any compensation. Motor license agents and licensed operators in good standing as of November 1, 2022, shall be exempt from the branding and physical standardization requirements to be established by the Service Oklahoma Operator Board, with the recommendation of the Director of Service Oklahoma. 2. A license to operate a designated Service Oklahoma location may be revoked by the Service Oklahoma Operator Board for failure to meet the standards for customer s atisfaction established by the Service Oklahoma Operator Board. In the event of revocation, the licensed operator shall sell his or her license to operate a Service Oklahoma location to Service Oklahoma at a rate of one-half (1/2) times the most recent gross revenue from fees retained of that Service Oklahoma location, not to exceed Two Hundred Thousand Dollars ($200,000.00). F. All motor license agents licensed operators shall be self- employed independent contractors and shall be licensed by and under the supervision of the Tax Commission Service Oklahoma ; provided, any agent authorized to issue registrations pursuant to the International Registration Plan shall also be under the supervision of the Corporation Commission, subject to rules promulgated by the Corporation Commission pursuant to the provisions of subsection E of Section 1166 of this title. Any Service Oklahoma shall be the holder of all licenses and has the right to approve and revoke such licenses. After obtaining a license any such agent, upon being appointed, licensed operator shall furnish and file with the Tax Commission Service Oklahoma a bond in such amount as may be fixed by the Tax Commission Service Oklahoma . Such agent licensed operator shall be removable at the will of the Tax Commission Service Oklahoma . Such agent licensed operator shall perform all duties and do such things in the administration of the laws of this state as shall be enjoined upon and required by the Tax Commission or the Corporation Commission Service Oklahoma Operator Board . Provided, the Tax Commission Service Oklahoma may operate a motor license agency Service Oklahoma location in any county where a vacancy occurs. F. In the event of a vacancy existing by reason of resignation, removal, death or otherwise, in the position of any motor license agent, the Tax Commission is hereby empowered and authorized to take any and all actions it deems appropriate in order to provide for the orderly transition and for the maintenance of operations of the motor license agency including but not limited to the designation of one of its regular employees to serve as "acting agent" without bond, and to receive and expend all fees or charges authorized or provided by law and exercise the same powers and authority as a regularly appointed motor license agent. An acting agent may be authorized by the Tax Commission equally as the preceding agent to make disbursements from any balances in the preceding motor license agent's operating account and the agent's operating funds for the payment of expenses of operations and salaries and other overhead. If such funds are insufficient, the Tax Commission is authorized to expend from funds appropriated for the operation of the Tax Commission such amounts as are necessary to maintain and continue the operation of any such motor license agency until a successor agent is appointed and qualified. The Tax Commission may require a blanket fiduciary bond of the agency employees. G. In the event of a vacancy due to the death of a licensed operator, the licensed operator's designee or a licensed operator location employee shall immediately notify Service Oklahoma. A licensed operator may designate an individual to continue to operate the Service Oklahoma location upon the death of the licensed operator. The designee shall apply to obtain a license to operate the vacant operator location with the Service Oklahoma Operator Board within thirty (30) days of the licensed operator's death. In the event that no designee is designated or that the designee fails to apply to be a licensed operator with Service Oklahoma within thirty (30) days, Service Oklahoma may take any and all action it deems appropriate in order to provide for the orderly transition and the maintenance of operations of the Service Oklahoma location, as permitted by law. H. When an application for registration is made with the Tax Commission, Corporation Commission Service Oklahoma or a motor license agent 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 motor license agent licensed operator, such motor license agent licensed operator shall retain a fee as provided in Section 1141.1 of this title. When the fee is paid by a person making application directly with the Tax Commission or Corporation Commission, Service Oklahoma as applicable, the registration fees shall be in the same amount as provided for motor license agents licensed operators and the fee provided by Section 1141.1 of this title shall be deposited in the Oklahoma Tax Commission Revolving Fund or as provided in Section 1167 of this title, as applicable. The Tax Commission Beginning January 1, 2023, the fee provided by Section 1141.1 of this title 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 such agents 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 motor license agents 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. H. No person shall be appointed as a motor license agent unless the person has attested under oath that the person is not related by affinity or consanguinity within the third degree to: 1. Any member of the Oklahoma Tax Commission; or 2. Any employee of the Tax Commission. I. Any motor license agent appointed under the provisions of this title licensed operator shall be responsible for all costs incurred by the Tax Commission Service Oklahoma when relocating an existing motor license agency Service Oklahoma location . The Tax Commission Service Oklahoma Operator Board may waive payment of such costs in case of unforeseen business or emergency conditions beyond the control of the agent licensed operator . J. Any existing contracts by or between any motor license agent and the Oklahoma Tax Commission shall be assigned to Service Oklahoma. All existing motor license agents in good standing with the Oklahoma Tax Commission will be offered a subsequent contract from Service Oklahoma to become a licensed operator to take effect on January 1, 2023. The contract between existing motor license agents and Service Oklahoma must be agreed to no later than December 31, 2022. In the event an existing motor license agent declines to enter into the subsequent contract with Service Oklahoma to become a licensed operator, that motor license agent may continue to conduct business pursuant to the existing contract through December 31, 2025, so long as that motor license agent remains in good standing with Service Oklahoma in accordance with the terms of the existing contract. |SECTION 177. AMENDATORY 47 O.S. 2021, Section 1140.2, is amended to read as follows: Section 1140.2 A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tax Commission Service Oklahoma to be designated the "License and ID Apportionment Reimbursement Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated to the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be expended by the Oklahoma Tax Commission to offset the increased fees retained by motor license agents licensed operators , pursuant to the provisions of Section 6-101 of Title 47 of the Oklahoma Statutes, beginning upon the effective date of this act and ending on February 28, 2023. B. There is hereby created in the State Treasury a revolving fund for Service Oklahoma to be designated the "Service Oklahoma License and ID Apportionment Reimbursement Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated to the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be expended by Service Oklahoma to offset the increased fees retained by licensed operators, pursuant to the provisions of Section 6-101 of this title, beginning January 1, 2023, and ending on February 28, 2023. |SECTION 178. AMENDATORY 47 O.S. 2021, Section 1141, is amended to read as follows: Section 1141. It shall be unlawful for any person to display any sign or to advertise in any manner representing to the public that he or she is an official or authorized motor license agent licensed operator of the state, or that he or she has authority to register motor vehicles and issue license plates therefor, unless such person is a duly appointed licensed and qualified motor license agent licensed operator under the provisions of Section 1140 of this title; and it shall be unlawful for any person to solicit, accept or receive any gratuity or compensation for acting as a messenger or for acting as the agent or representative of another person in applying for the registration of a motor vehicle and obtaining the license plate therefor from the Oklahoma Tax Commission Service Oklahoma or from any official and authorized motor license agent licensed operator , or to advertise, solicit, or in any manner offer to render such services for hire or compensation unless the motor license agent licensed operator has appointed, authorized and approved said person to perform such acts and said person shall furnish to the motor license agent licensed operator of the county in which such service is performed a surety bond in such amount as said motor license agent licensed operator shall determine to be commensurate with the amount of money which may be involved at any one time. Any person violating the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not exceeding one (1) year, or both. Each day that any such person advertises or in any manner offers to render such services to the public or to any person shall constitute a separate offense. Nothing herein shall be construed as affecting or diminishing the responsibility and liability to the Commission Service Oklahoma of the official motor license agent licensed operator or of his or her bond made to the Commission Service Oklahoma . |SECTION 179. AMENDATORY 47 O.S. 2021, Section 1141.1, as amended by Section 10, Chapter 276, O.S.L. 2021, is amended to read as follows: Section 1141.1 A. Each motor license agent licensed operator shall be entitled to retain the following amounts from the taxes and fees collected by such agent licensed operator to be used to fund the operation of the office of such motor license agent licensed operator subject to the provisions of Sections 1140 through 1147 of this title: 1. Beginning July 1, 2006, through December 31, 2021, Three Dollars and fifty-six cents ($3.56) for each vehicle registered and for each special license plate issued pursuant to the Oklahoma Vehicle License and Registration Act; 2. Beginning on or after January 1, 2022, and for all subsequent years, 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); 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 October 1, 2000, three percent (3%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes. Beginning July 1, 2001, each motor license agent licensed operator shall be entitled to retain three and one hundred twenty-five one-thousandths percent (3.125%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes. Beginning July 1, 2002, and for all subsequent years, each motor license agent 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. However, beginning July 1, 2003, the Legislature shall annually review the percentage to be retained by the motor license agents licensed operators pursuant to this paragraph to determine whether such percentage should be adjusted; 7. Four percent (4%) of the excise tax collected on the transfer of boats and motors pursuant to the Oklahoma Statutes; 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; 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 motor license agent licensed operator for the furnishing of a summary of a traffic record; and 21. Beginning July 1, 2009, each motor license agent 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 ; and 22. Beginning January 1, 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 for each electric vehicle but such amount shall not be in addition to any other amount authorized by this section to be retained with respect to a vehicle . The balance of the funds collected shall be remitted to the Oklahoma Tax Commission Service Oklahoma as provided in Section 1142 of this title to be apportioned pursuant to Section 1104 of this title. B. For each certificate of registration issued for boats and motors, each motor license agent 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 the Tax Commission Service Oklahoma according to the provisions of this subsection. At the end of fiscal year 1997 and each fiscal year thereafter, the Tax Commission 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 motor license agent 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 fee 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. When the fee is paid by a person making application directly with Service Oklahoma or the Corporation Commission, as applicable, the registration fee shall be in the same amount as provided for licensed operators and the fee provided by Section 1141.1 of this title 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. |SECTION 180. AMENDATORY 47 O.S. 2021, Section 1142, is amended to read as follows: Section 1142. A. There is hereby created as an official depository of the Oklahoma Tax Commission Service Oklahoma a special agency account. The Tax Commission Service Oklahoma is hereby authorized and directed to assign an appropriate and distinctive number or designation for the account herein created which shall be designated the Oklahoma Tax Commission Motor License Agent Service Oklahoma Licensed Operator Account. The Tax Commission Service Oklahoma shall assign an appropriate and distinctive subaccount number or designation for each motor license agent licensed operator . Every motor license agent licensed operator appointed under the provisions of the Oklahoma Vehicle License and Registration Act shall safeguard and preserve, in the manner herein required, all monies paid to such agent licensed operator which the agent licensed operator is bound to account for and pay over to the Tax Commission Service Oklahoma . B. Each motor license agent licensed operator shall establish, in a bank or banks authorized to do a banking business in the state, such special agency licensed operator account and at any time that the motor license agent licensed operator accumulates a total amount of receipts of One Hundred Dollars ($100.00) or more then such motor license agent licensed operator shall deposit within a period of one (1) banking business day after the close of business, all receipts which the agent licensed operator is obligated to account for and remit to the Tax Commission Service Oklahoma in the designated Oklahoma Tax Commission Motor License Agent Service Oklahoma Licensed Operator Account and no such monies shall be deposited in any other banks or other depositories unless the said bank accounts are maintained by the Tax Commission Service Oklahoma . Provided that, where a motor license agent licensed operator is doing business in a municipality where there is no bank located, such motor license agent licensed operator shall have a period of three (3) banking business days after the close of business to make such deposits. Advice of deposit receipts or duplicate deposit receipts, in a form and in an amount prescribed by the Tax Commission Service Oklahoma , shall be obtained and preserved as directed by the Tax Commission Service Oklahoma . One shall be retained by the agent licensed operator , and one shall be immediately forwarded to the Tax Commission Service Oklahoma . Withdrawals or transfers from such Oklahoma Tax Commission Motor License Agent Service Oklahoma Licensed Operator Account shall be made only by the duly authorized agent of the Tax Commission Service Oklahoma . That part of the agent's licensed operator's fees to be retained by the agent licensed operator as the agent's licensed operator's personal compensation shall not be deposited in said Oklahoma Tax Commission Motor License Agent Service Oklahoma Licensed Operator Account. Each motor license agent licensed operator shall submit the appropriate reports designated by the Tax Commission Service Oklahoma to properly account for all funds, regardless of source, received by a motor license agent licensed operator in the performance of the agent's licensed operator's duties. Reports shall cover a period from the first day of the month to the fifteenth day of the month and from the sixteenth day of the month to the last day of the month. It shall be the responsibility of the motor license agent licensed operator to mail or deliver such reports and all documents of all transactions to the Tax Commission Service Oklahoma within a time period to be established by the Tax Commission Service Oklahoma. Service Oklahoma shall be responsible to mail or deliver such reports and documents and transfer funds from all transactions received from the licensed operators to the Oklahoma Tax Commission within a time period agreed to between the Oklahoma Tax Commission and Service Oklahoma . C. Motor license agents Licensed operators shall deposit in such account all monies, taxes and fees collected and received by them as such agents licensed operators , which they are obligated to account for and remit to the Tax Commission Service Oklahoma , and it is specifically required that checks or similar instruments accepted or received by such agents licensed operators for taxes or fees must be deposited in such account, less any amount provided by this act that the agents licensed operators are entitled to retain as fees. No motor license agent licensed operator shall withdraw any funds from the agent's motor license agent licensed operator's licensed operator account. All checks, drafts, orders and vouchers so deposited shall bear an endorsement to the motor license agent licensed operator account which endorsement shall include the assigned account number and the agent's licensed operator's subaccount number. Items deposited shall be credited at par and should payment be refused on any such check, draft, order or voucher, or should the same prove otherwise worthless, the amount thereof shall not be charged by the Tax Commission Service Oklahoma against the individual subaccounts of the agent licensed operator . The agent licensed operator shall continue to attempt to require proper payment of all such worthless items, but shall not be personally liable to the Tax Commission Service Oklahoma for their payment. The Tax Commission Service Oklahoma or agent the licensed operator shall charge the person issuing the check a fee of Twenty- five Dollars ($25.00) for each check to cover the costs of the processing of each returned check, and all necessary travel expenses of collection, as provided by the State Travel Reimbursement Act; provided, such charge shall not be made unless efforts have been made to present such check, draft, order or voucher for payment a second time. Any motor license agent licensed operator who collects a dishonored check pursuant to the provisions of Section 1121 of this title shall also collect a fee of Twenty-five Dollars ($25.00) and shall be entitled to retain such fee. D. Notwithstanding anything to the contrary, the Tax Commission shall continue to have the exclusive authority and standing to collect any taxes or other revenues owed to the State of Oklahoma or any political subdivision thereof pursuant to the provisions of the Motor Vehicle License and Registration Act. E. It is specifically provided that nothing in this section shall be considered or construed as in any way affecting, relieving or relinquishing the liability of such agent to the Tax Commission Service Oklahoma for any monies collected by the agent licensed operator and due the state or the liability of such agent licensed operator or any surety on or under the agent's licensed operator's bond made to the Tax Commission Service Oklahoma . Unless provided otherwise, any motor license agent licensed operator who fails to comply with any provision of this section shall pay a penalty to be imposed by the Tax Commission Service Oklahoma . Monies collected for payment of the penalty shall be deposited to the credit of the General Revenue Fund of the State Treasury. Any motor license agent licensed operator who pays a penalty pursuant to this section shall not allocate his or her payment thereof as a part of his or her operating expenses, but shall use his or her personal funds for payment of the penalty. Such penalty shall be equal to one percent (1%) of the gross amount of the receipts received by the motor license agent licensed operator for that particular day that the agent licensed operator fails to deposit all such funds required by this section or one percent (1%) of the gross amount of the receipts received by the motor license agent licensed operator for the report period that the agent licensed operator fails to timely mail the required report or remit any excess agent licensed operator funds as provided in subsection B of this section. Such penalty shall be increased to three percent (3%) of the gross amount of the receipts received for that particular day if the motor license agent licensed operator fails to fulfill any of said requirements within a period of five (5) days. Provided that such penalty shall be three percent (3%) of the gross amount of the receipts received by the motor license agent licensed operator for the report period that the agent fails to timely mail the required report or remit any excess agent licensed operator funds as provided in subsection B of this section if the motor license agent licensed operator fails to fulfill these requirements within five (5) days. The Tax Commission Service Oklahoma Operator Board may waive the penalty for failing to timely file the accounting report required by this section if the Tax Commission Service Oklahoma Operator Board finds that: 1. The funds to which the report applies have been properly deposited; 2. The failure to timely file the report was due to emergency conditions beyond the control of the agent licensed operator ; and 3. The report has been filed within a week of the date on which it was required to be filed. |SECTION 181. AMENDATORY 47 O.S. 2021, Section 1142.1, is amended to read as follows: Section 1142.1 A. It shall be unlawful for any motor license agent licensed operator or any employee of such motor license agent licensed operator to carry on a messenger service, courier service or pick up and delivery service for the recording of a security interest or for the registration of a motor vehicle or boat or a motor, or obtaining license plates and decals, or for the issuance of a certificate of title for any motor vehicle or boat or motor. Provided, nothing in this subsection shall be construed to prevent a motor license agent licensed operator or any employee of such motor license agent licensed operator from performing such services for the motor license agent's licensed operator's depository bank, when the motor license agent licensed operator or his or her employee goes to the agent's licensed operator's depository bank to deposit tax monies into the agent's licensed operator's designated Oklahoma Tax Commission Motor License Agent Service Oklahoma Licensed Operator Account. After September 1, 1991, the Oklahoma Tax Commission Service Oklahoma shall not designate or assign a motor license agent licensed operator more than one active Oklahoma Tax Commission Motor License Agent Service Oklahoma Licensed Operator Account. Accounts designated prior to September 1, 1991, may remain active. B. It shall be unlawful for any motor license agent licensed operator to compensate in any manner a messenger service, courier service or pick up and delivery service or any one attempting to provide messenger service, courier service or pick up and delivery service for recording a security interest or for the registration of a motor vehicle or boat or motor, or obtaining license plates and decals, or for the issuance of a certificate of title for any motor vehicle or boat or motor. C. A motor license agent licensed operator who violates the provisions of this section shall be subject to a fine of Two Thousand Dollars ($2,000.00) per occurrence. |SECTION 182. AMENDATORY 47 O.S. 2021, Section 1143, is amended to read as follows: Section 1143. A. A motor license agent appointed under the provisions of this title licensed operator shall retain as compensation those taxes and fees collected and retained pursuant to Section 1141.1 of this title, and shall additionally retain: 1. All amounts remaining from notary and mailing fees received by such agent licensed operator , after payment of all costs of handling and mailing; 2. All profits from any concessions operated in the agent's licensed operator's office; and 3. All amounts collected pursuant to subsection H of Section 1111 of this title. B. A motor license agent licensed operator shall receive a fee as regulated in Title 49 of the Oklahoma Statutes for each document notarized. C. The Oklahoma Tax Commission Service Oklahoma shall initiate a mail order vehicle registration notification program, which shall consist of notification annually to all vehicle owners in this state of such time an owner shall register and license a vehicle as provided for in Section 1101 et seq. of this title. The notification issued by the Tax Commission Service Oklahoma shall include a breakdown of all charges to be paid by the owner, other items deemed necessary by the Tax Commission Service Oklahoma and shall notify the owner of the option of paying registration fees and receiving the license plate or decal through the mail directly from the Tax Commission Service Oklahoma or of registering and receiving the license plate or decal from a motor license agent licensed operator . On the back of such registration notification forms there shall be the address of the Oklahoma Tax Commission Service Oklahoma in large black type and an explanation of the apportionment of all license fees and penalties collected and their disposition. Such explanation shall include information as to all charges included in the total license fee and any fees or charges incident to the registration of a motor vehicle, to include all fees that a motor license agent licensed operator is authorized to collect. If the owner chooses the option of receiving these services through the mail, either from the Tax Commission Service Oklahoma or the motor license agent licensed operator , the owner shall then be instructed to pay the final total listed. The costs of mailing shall be the cost of postage plus One Dollar and twenty-five cents ($1.25) for license plates, the cost of postage plus One Dollar ($1.00) for decals and for the mailing of any other form, title, decal or device provided for in the Oklahoma Vehicle License and Registration Act. Provided however, the Tax Commission Service Oklahoma may adjust any mailing costs from time to time as it deems appropriate and as will allow for additional fees the U.S. Postal Service may charge. D. Money received by the Tax Commission Service Oklahoma for the issuance of any registrations, license plates or otherwise shall be apportioned to the schools in accordance with other laws controlling such distributions. E. Failure by an owner of a vehicle to receive registration notification as provided for in the Motor Vehicle License and Registration Act shall not in any manner relieve such person from the obligation of proper and timely registration and licensing of such vehicle, and such person shall be subject to any penalties prescribed by the Oklahoma Vehicle License and Registration Act. F. A motor license agent licensed operator , out of the taxes and fees collected and retained pursuant to Section 1141.1 of this title, shall obtain a faithful performance surety bond or cash bond in the amount of Thirty Thousand Dollars ($30,000.00) or in such additional amount and form required by the Tax Commission Service Oklahoma or by the Oklahoma Vehicle License and Registration Act, a blanket surety bond or cash bond covering adequately all office personnel, necessary insurance, necessary office equipment and furniture, and other goods and services essential to the proper operation of the motor license agency Service Oklahoma location . Provided that the Tax Commission Service Oklahoma shall have the authority to lower such required surety bond to an amount that is commensurate with the amount of business conducted by the motor license agent licensed operator , but in no event shall that amount be less than Five Thousand Dollars ($5,000.00). Motor license agents Licensed operators shall obtain the surety bond or cash bond required by this section only during their first year of operation. Thereafter, the motor license agents licensed operators shall be subject to the provisions of Section 1143.1 of this title. |SECTION 183. AMENDATORY 47 O.S. 2021, Section 1143.1, is amended to read as follows: Section 1143.1 A. 1. There is hereby created the Oklahoma Motor License Agent Indemnity Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of annual assessments levied on motor license agencies licensed operators . All monies accruing to the credit of the funds are hereby appropriated and may be expended, in amounts and as authorized by the Legislature, by the Office of Management and Enterprise Services. The purpose of the fund is to ensure that the Oklahoma Tax Commission Service Oklahoma recovers tax revenue and the Corporation Commission recovers apportioned vehicle registration fees, not remitted to either Commission because of negligence, malfeasance or fraud by a motor license agent licensed operator . In addition, claims arising from tag agent licensed operator errors and omissions may be paid from monies in the fund in excess of Five Hundred Thousand Dollars ($500,000.00). Upon final determination by the Tax Commission Service Oklahoma of a tax revenue shortage or liability of a motor license agent licensed operator whose agency Service Oklahoma location has been closed, or by the Corporation Commission of apportioned vehicle registration fee shortage, a claim in the amount of such liability may be made by either Service Oklahoma or the Corporation Commission against the fund. The claim shall be paid out of the fund by the Office of Management and Enterprise Services. At least sixty (60) days' written notice shall be given to the delinquent motor license agent licensed operator before any such claim is paid. The Office shall have the power to seek restitution to the fund from any motor license agent licensed operator whose liability was paid out of the fund. The monies in the fund shall be invested by the State Treasurer and the interest shall be deposited in the fund. Beginning January 1, 2023, all funds to be deposited in the Oklahoma Motor License Agent Indemnity Fund shall be deposited in the Oklahoma Licensed Operator Indemnity Fund. 2. There is hereby created the Oklahoma Licensed Operator Indemnity Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of annual assessments levied on licensed operators. Beginning January 1, 2023, all monies accruing to the credit of the funds are hereby appropriated and may be expended in amounts and as authorized by the Legislature and by the Office of Management and Enterprise Services. The purpose of the fund is to ensure that Service Oklahoma recovers revenue fees not remitted to it because of negligence, malfeasance, or fraud by a licensed operator. In addition, claims arising from licensed operator errors and omissions may be paid from monies in the fund in excess of Five Hundred Thousand Dollars ($500,000.00). Upon final determination by Service Oklahoma of a tax revenue shortage or liability of a licensed operator whose Service Oklahoma location has been closed, or by the Corporation Commission of apportioned vehicle registration fee shortage, a claim in the amount of such liability may be made by either Service Oklahoma or the Corporation Commission against the fund. The claim shall be paid out of the fund by the Office of Management and Enterprise Services. At least sixty (60) days' written notice shall be given to the delinquent licensed operator before any such claim is paid. The Office of Management and Enterprise Services shall have the power to seek restitution to the fund from any licensed operator whose liability was paid out of the fund. The monies in the fund shall be invested by the State Treasurer and the interest shall be deposited in the fund. B. Each fiscal year, the Office of Management and Enterprise Services shall collect and deposit into the fund an annual assessment from all motor license agencies licensed operators that have been operating for a period of not less than one (1) year. Such assessments shall be payable by each motor license agency licensed operator on a quarterly basis. The amount on which the assessment shall be based shall be determined annually for each motor license agency licensed operator by the Tax Commission Service Oklahoma by dividing the volume of tax monies collected each fiscal year by the agency licensed operator by the number of reporting periods required by the Tax Commission Service Oklahoma . The assessments shall be in the following amounts: 1. Each motor license agency licensed operator which has been in operation for more than three (3) years and subject to the assessment pursuant to this subsection shall pay such assessment as follows: a. when the fund contains less than Five Hundred Thousand Dollars ($500,000.00) on June 30 of any year, the assessment shall be one percent (1%) of the amount determined for the motor license agency licensed operator by the Tax Commission Service Oklahoma , and b. when the fund contains Five Hundred Thousand Dollars ($500,000.00) or more on June 30 of any year, the Tax Commission Service Oklahoma shall reduce or suspend the assessment for such agencies licensed operators if the Commission Service Oklahoma determines that the fund is fiscally sound and meets the needs for which the fund is established. Provided, however, if the fund contains less than Five Hundred Thousand Dollars ($500,000.00) at any time during the fiscal year for which the Tax Commission Service Oklahoma has reduced or suspended the assessment hereunder, the Tax Commission Service Oklahoma shall immediately issue an assessment pursuant to subparagraph a of this paragraph in an amount equal to the amount which would have been paid during the remaining quarters of the fiscal year; and 2. Each motor license agency licensed operator which has been in operation for less than three (3) years but more than one (1) year shall pay the assessment in an amount equal to one percent (1%) of the amount determined for the motor license agency licensed operator by the Tax Commission Service Oklahoma until the agency licensed operator reaches the end of its third year of operation. At such time, such agency licensed operator shall be subject to the assessment specified in subparagraph a of paragraph 1 of this subsection. C. Any assessments required by subsection B of this section, shall be paid in quarterly amounts and due on September 30, December 30, March 30 and June 30 of each year. Such payments shall be deemed delinquent after October 15, January 15, April 15 and July 15 of each year. Motor license agents Licensed operators who are delinquent in remitting any quarterly payment for their operating agencies Service Oklahoma locations in excess of fifteen (15) days after the date of the delinquency shall be subject to dismissal. D. No annual assessment shall exceed One Thousand Two Hundred Dollars ($1,200.00). |SECTION 184. AMENDATORY 47 O.S. 2021, Section 1143.2, is amended to read as follows: Section 1143.2 A. In addition to the duties and functions authorized to be performed by motor license agents licensed operators pursuant to the provisions of the Oklahoma Vehicle License and Registration Act, the Oklahoma Tax Commission Service Oklahoma is authorized to utilize motor license agents licensed operators to perform the following duties: 1. Process, receive, and issue permits, licenses, and registration relating to any tax which is payable to, collectible by, or administered by the Tax Commission Service Oklahoma ; 2. Accept documents, reports, or returns required to be filed with the Tax Commission Service Oklahoma and accept payment of remittances required to be made to the Tax Commission Service Oklahoma as provided by the tax laws of this state; 3. Provide information regarding the status of any permit or license issued by the Tax Commission Service Oklahoma , or the franchise tax status of any corporation, upon written request and subject to the provisions of Section 205 of Title 68 of the Oklahoma Statutes and any other provision of law relating to the confidentiality of records or information; and 4. Perform any other duties specified by the Tax Commission Service Oklahoma relating to the enforcement or administration of any state tax law. B. Any permit, license, or registration issued by a motor license agent licensed operator , and any document, report, return, or remittance accepted by a motor license agent licensed operator , pursuant to the provisions of subsection A of this section, shall be deemed on the date of such issuance or acceptance to have been issued or accepted by the Tax Commission Service Oklahoma . C. In addition to the amounts authorized to be retained by motor license agents licensed operators pursuant to the provisions of Section 1141.1 of Title 47 of the Oklahoma Statutes, motor license agents licensed operators shall be entitled to charge and receive fees for duties performed pursuant to the provisions of this section as provided by law. |SECTION 185. AMENDATORY 47 O.S. 2021, Section 1144, is amended to read as follows: Section 1144. A. Payments for any required registration fees, license plates or decals or excise taxes except as otherwise provided by law, may be made as follows: 1. By the applicant's personal or company check if presented within the period of time required for purchase or renewal of the registration and license plates or decals. At the time of presentment, the motor license agent licensed operator may utilize a check verification system provided by the Oklahoma Tax Commission Service Oklahoma to confirm that there are sufficient funds to pay the check. Upon notification that there are insufficient funds, the agent shall refuse to accept the check or deliver the license plate or decal. If an agent a licensed operator fails to utilize the check verification system and the check is returned for nonpayment, the agent licensed operator shall not receive any fees for the transaction. No motor license agent licensed operator shall be required to accept any check from any person during any penalty period relating to that person's registration; or 2. By a nationally recognized credit or debit card issued to the applicant. The Tax Commission Service Oklahoma may add an amount equal to the amount of the service charge incurred as a service charge for the acceptance of such credit card. For purposes of this paragraph, "nationally recognized credit or debit card" means any instrument or device, whether known as a credit card, credit plate, charge plate, debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining goods, services or anything else of value on credit which is accepted by over one thousand merchants in this state. The Tax Commission Service Oklahoma shall determine which nationally recognized credit or debit cards will be accepted by a motor license agent licensed operator as payment for any required motor vehicle registration fees, license plates or decals or excise taxes. Provided , however , the Tax Commission Service Oklahoma must ensure that no loss of state revenue will occur by the use of such card. B. Each motor license agent's office licensed operator location shall be open a minimum of forty (40) hours per week, of which four (4) such hours per week shall be in the evening hours or on Saturday, subject to the approval of the Tax Commission Service Oklahoma , except during such weeks that contain a legal holiday prescribed by the statutes of this state. Provided that the Tax Commission Service Oklahoma may authorize a motor license agent licensed operator to stay open a lesser period of time if the Tax Commission Service Oklahoma is satisfied that the public is being properly served. Provided further, that there shall be at least one motor license agent licensed operator in each county open the hours designated in this section. All motor license agents licensed operators shall post their hours in a conspicuous place for the public's information. |SECTION 186. AMENDATORY 47 O.S. 2021, Section 1146, is amended to read as follows: Section 1146. A. The Oklahoma Tax Commission Service Oklahoma shall audit all motor license agents licensed operators at least once during each calendar year and shall have the power to require any changes it deems necessary in the operation of motor license agents licensed operators . The Tax Commission Service Oklahoma shall issue such rules as it deems necessary for the proper control of all fiscal matters involving motor license agents licensed operators . B. Any review or audit of a motor license agency licensed operator performed by the Tax Commission Service Oklahoma pursuant to the provisions of Sections 1140 through 1147 of this title shall be an open record and shall be made available for public inspection at the Tax Commission Service Oklahoma , notwithstanding the provisions of Section 205 of Title 68 of the Oklahoma Statutes. C. Any and all records, files, books or otherwise of a motor license agent licensed operator relating to the operation of the motor license agency Service Oklahoma location shall be public record which shall be open to public inspection at reasonable times, regardless of their location. |SECTION 187. AMENDATORY 47 O.S. 2021, Section 1146.2, is amended to read as follows: Section 1146.2 The State Auditor and Inspector, or his or her designee, shall advise all motor vehicle agents licensed operators on procedural and technical matters relating to accounting and budget procedures. It shall be the duty of the motor vehicle agents licensed operators with notice of such advice to follow the instructions or advice of the State Auditor and Inspector until relieved of such duty by a court of competent jurisdiction or until the Supreme Court shall hold otherwise. |SECTION 188. AMENDATORY 47 O.S. 2021, Section 1147, is amended to read as follows: Section 1147. The Commission Service Oklahoma may designate the office of county treasurer of any county within the state as a motor license agent licensed operator . |SECTION 189. AMENDATORY 47 O.S. 2021, Section 1149, is amended to read as follows: Section 1149. It shall be the duty of the Oklahoma Tax Commission Service Oklahoma , and the Tax Commission Service Oklahoma is hereby granted authority and jurisdiction to administer this act with the aid of its motor license agents licensed operators , the Department of Public Safety, the Highway Patrol, county sheriffs and all other duly authorized peace officers. The Tax Commission Service Oklahoma is hereby authorized to promulgate all necessary rules and prepare forms and records to carry this act into effect and to enforce the provisions thereof. The Tax Commission Service Oklahoma shall have the authority in cases of dispute to determine the actual sales price of any vehicle. The Tax Commission Service Oklahoma shall periodically cause to be prepared and shall distribute to each authorized motor license agent licensed operator a manual of procedure containing instructions, directions and guidelines to be followed by all motor license agents licensed operators in the performance of their duties. |SECTION 190. AMENDATORY 47 O.S. 2021, Section 1150, is amended to read as follows: Section 1150. Any employee of the Oklahoma Tax Commission Service Oklahoma charged with the duty of administering or assisting in the administration of this act shall, when designated by the Oklahoma Tax Commission Service Oklahoma , have the power and authority to administer oaths to taxpayers with the same force and effect as if the oath had been administered by any other officer of the state authorized by the statutes to administer oaths. |SECTION 191. AMENDATORY 47 O.S. 2021, Section 1151, is amended to read as follows: Section 1151. A. It shall be unlawful for any person to commit any of the following acts: 1. To lend or to sell to, or knowingly permit the use of by, one not entitled thereto any certificate of title, license plate or decal issued to or in the custody of the person so lending or permitting the use thereof; 2. To alter or in any manner change a certificate of title, registration certificate, license plate or decal issued under the laws of this or any other state; 3. To procure from another state or country, or display upon any vehicle owned by such person within this state, except as otherwise provided in the Oklahoma Vehicle License and Registration Act, any license plate issued by any state or country other than this state, unless there shall be displayed upon such vehicle at all times the current license plate and decal assigned to it by the Oklahoma Tax Commission Service Oklahoma or the Corporation Commission or the vehicle shall display evidence that the vehicle is registered as a nonresident vehicle pursuant to rules promulgated by the Tax Commission Service Oklahoma , with the concurrence of the Department of Public Safety. A violation of the provisions of this paragraph shall be presumed to have occurred if a person who is the holder of an Oklahoma driver license operates a vehicle owned by such person on the public roads or highways of this state and there is not displayed on the vehicle a current Oklahoma license plate and decal, unless the vehicle is owned by a member of the Armed Forces of the United States assigned to duty in this state in compliance with official military or naval orders or the spouse of such a member of the Armed Forces; 4. To drive, operate or move, or for the owner to cause or permit to be driven or moved, upon the roads, streets or highways of this state, any vehicle loaded in excess of its registered laden weight, or which is licensed for a capacity less than the manufacturer's rated capacity as provided for in the Oklahoma Vehicle License and Registration Act; 5. To operate a vehicle without proper license plate or decal or on which all taxes due the state have not been paid. No citation may be issued by any state, county or municipal law enforcement officer during the thirty-day period immediately succeeding the last day of the month during which a vehicle registration should have been renewed and a current license plate decal obtained and displayed on the license plate of the vehicle; 6. To buy, sell or dispose of, or possess for sale, use or storage, any secondhand or used vehicle on which the registration or license fee has not been paid, as required by law, and on which vehicle the person neglects, fails or refuses to display at all times the license plate or decal assigned to it; 7. To give a fictitious name or fictitious address or make any misstatement of facts in application for certificate of title and registration of a vehicle; 8. To purchase a license plate on an assigned certificate of title. This particular paragraph shall be applicable to all persons except a bona fide registered dealer in used cars who are holders of a current and valid used car dealer license; 9. To operate a vehicle upon the highways of this state after the registration deadline for that vehicle without a proper license plate, as prescribed by the Oklahoma Vehicle License and Registration Act, for the current year; 10. For any owner of a vehicle registered on the basis of laden weight to fail or refuse to weigh or reweigh it when requested to do so by any enforcement officer charged with the duty of enforcing this law; 11. To operate or possess any vehicle which bears a motor number or serial number other than the original number placed thereon by the factory except a number duly assigned and authorized by the state; 12. For any motor license agent licensed operator to release a license plate, a manufactured home registration receipt, decal or excise tax receipt to any unauthorized person or source including any dealer in new or used motor vehicles. Violation of this paragraph shall constitute sufficient grounds for discharge of a motor license agent licensed operator by the Tax Commission Service Oklahoma ; 13. To operate any vehicle registered as a commercial vehicle without the lettering requirements of Section 1102 of this title; or 14. To operate any vehicle in violation of the provisions of Sections 7-600 through 7-606 of this title while displaying a yearly decal issued to the owner who has filed an affidavit with the appropriate motor license agent licensed operator in accordance with Section 7-607 of this title. Any person convicted of violating any provision of this subsection, other than paragraph 3 of this subsection, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Any person convicted of violating the provisions of paragraph 3 of this subsection shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) and shall be required to obtain an Oklahoma license plate. Employees of the Corporation Commission may be authorized by the Corporation Commission to issue citations to motor carriers or operators of commercial motor vehicles, pursuant to the jurisdiction of the Corporation Commission, for a violation of this subsection. If a person convicted of violating the provisions of this subsection was issued a citation by a duly authorized employee of the Corporation Commission, the fine herein levied shall be apportioned as provided in Section 1167 of this title. B. Except as otherwise authorized by law, it shall be unlawful to: 1. Lend or sell to, or knowingly permit the use of by, one not entitled thereto any certificate of title issued for a manufactured home, manufactured home registration receipt, manufactured home registration decal or excise tax receipt; 2. Alter or in any manner change a certificate of title issued for a manufactured home under the laws of this state or any other state; 3. Remove or alter a manufactured home registration receipt, manufactured home registration decal or excise tax receipt attached to a certificate of title or attach such receipts to a certificate of title with the intent to misrepresent the payment of the required excise tax and registration fees; 4. Buy, sell or dispose of, or possess for sale, use or storage any used manufactured home on which the registration fees or excise taxes have not been paid as required by law; or 5. Purchase identification, manufactured home registration receipt, manufactured home registration decal or excise tax receipt on an assigned certificate of title. Anyone violating the provisions of this subsection, upon conviction, shall be guilty of a felony. C. In the event a new vehicle is not registered within thirty (30) days from date of purchase, the penalty for the failure of the owner of the vehicle to register the vehicle within thirty (30) days 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 the Oklahoma Tax Commission Service Oklahoma or any motor license agent licensed operator except as provided in subsection C of Section 1127 of this title. Of each 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 motor license agent licensed operator ; and 3. Fifty-eight cents ($0.58) shall be deposited in the General Revenue Fund. The penalty for new commercial vehicles shall be equal to the license fee for such vehicles. If a used vehicle is brought into Oklahoma by a resident of this state and is not registered within thirty (30) days, a penalty of One Dollar ($1.00) per day shall be charged from the date of entry to the date of registration; provided, that in no event shall the penalty exceed One Hundred Dollars ($100.00). No penalty shall be waived by the Oklahoma Tax Commission Service Oklahoma or any motor license agent licensed operator except as provided in subsection C of Section 1127 of this title. Of each 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 motor license agent licensed operator ; and 3. Fifty-eight cents ($0.58) shall be deposited in the General Revenue Fund. The penalty for used commercial vehicles shall be equal to the license fee for such vehicles. D. Any owner who knowingly makes or causes to be made any false statement of a fact required in this section to be shown in an application for the registration of one or more vehicles shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00), or shall be imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment. E. The following self-propelled or motor-driven and operated vehicles shall not be registered under the provisions of the Oklahoma Vehicle License and Registration Act or, except as provided for in Section 11-1116 of this title, be permitted to be operated on the streets or highways of this state: 1. Vehicles known and commonly referred to as "minibikes" and other similar trade names; provided, minibikes may be registered and operated in this state by food vendor services upon streets having a speed limit of thirty (30) miles per hour or less; 2. Golf carts; 3. Go-carts; and 4. Other motor vehicles, except motorcycles, which are manufactured principally for use off the streets and highways. Transfers and sales of such vehicles shall be subject to sales tax and not motor vehicle excise taxes. F. Any person violating paragraph 3 or 6 of subsection A of this section, in addition to the penal provisions provided in this section, shall pay as additional penalty a sum equal to the amount of license fees due on such vehicle or registration fees due on a manufactured home known to be in violation and such amount is hereby declared to be a lien upon the vehicle as provided in the Oklahoma Vehicle License and Registration Act. In addition to the penalty provisions provided in this section, any person violating paragraph 3 of subsection A of this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of One Hundred Dollars ($100.00). G. Each violation of any provision of the Oklahoma Vehicle License and Registration Act for each and every day such violation has occurred shall constitute a separate offense. H. Anyone violating any of the provisions heretofore enumerated in this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Ten Dollars ($10.00) and not to exceed Three Hundred Dollars ($300.00). I. Any violation of any portion of the Oklahoma Vehicle License and Registration Act where a specific penalty has not been imposed shall constitute a misdemeanor and upon conviction thereof the person having violated it shall be fined not less than Ten Dollars ($10.00) and not to exceed Three Hundred Dollars ($300.00). J. Any provision of the Oklahoma Vehicle License and Registration Act providing for proportional registration under reciprocal agreements and the International Registration Plan that relates to the promulgation of rules and regulations shall not be subject to the provisions of this section. |SECTION 192. AMENDATORY 47 O.S. 2021, Section 1151.3, is amended to read as follows: Section 1151.3 A. Mini-trucks shall be registered pursuant to the provisions of the Oklahoma Vehicle License and Registration Act. The Oklahoma Tax Commission Service Oklahoma shall promulgate rules for the titling and registration of mini-trucks. B. Mini-trucks which have been titled and registered pursuant to the provisions of the Oklahoma Vehicle License and Registration Act may be operated on the roadways of this state; provided, however, mini-trucks shall not be permitted to travel upon any highway in this state which is a part of the National System of Interstate and Defense Highways. Operators of mini-trucks shall comply with all traffic regulations and rules of conduct for the operation of motor vehicles on the roadways of this state provided by law. |SECTION 193. AMENDATORY 47 O.S. 2021, Section 1151.4, is amended to read as follows: Section 1151.4 A. Medium-speed electrical vehicles shall be registered pursuant to the provisions of the Oklahoma Vehicle License and Registration Act. The Oklahoma Tax Commission Service Oklahoma shall promulgate rules for the titling and registration of medium-speed electric vehicles. B. Medium-speed electrical vehicles which have been titled and registered pursuant to the provisions of the Oklahoma Vehicle License and Registration Act may be operated on the roadways of this state with a posted speed limit of forty-five (45) miles per hour or less; provided, however, medium-speed electrical vehicles shall not be permitted to travel upon any highway in this state which is a part of the National System of Interstate and Defense Highways and which otherwise meets or exceeds the National Highway Traffic Safety Administration regulations set forth in 49 C.F.R. 571.500. Operators of medium-speed electrical vehicles shall comply with all traffic regulations and rules of conduct for the operation of motor vehicles on the roadways of this state provided by law. |SECTION 194. AMENDATORY 47 O.S. 2021, Section 1166, is amended to read as follows: Section 1166. A. Effective July 1, 2004, all powers, duties and responsibilities exercised by the Motor Vehicle Enforcement Section shall be transferred from the Oklahoma Tax Commission to the Corporation Commission. Beginning July 1, 2004, and effective July 1, 2005, all powers, duties and responsibilities exercised by the International Registration Plan Section and the International Fuel Tax Agreement Section shall be transferred from the Tax Commission to the Corporation Commission. All records, property and matters pending of the sections shall be transferred to the Corporation Commission. Funds sufficient to administer the powers, duties and responsibilities exercised by these sections shall be appropriated or allocated to the Corporation Commission for fiscal year 2005 as provided herein. Such funds appropriated or allocated to the Corporation Commission shall not be subject to budgetary limitations. The Director of State Finance the Office of Management and Enterprise Services is hereby authorized to transfer such funds as may be necessary to effect such allocations. B. The period of July 1, 2004, through June 30, 2005, shall be a transitional period in which the Corporation Commission shall gradually assume complete administration and management over the powers, duties, responsibilities and staff currently carrying out the administration of the International Registration Plan Section and the International Fuel Tax Agreement Section. During this transition period, the employees assigned to the International Registration Plan Section and the International Fuel Tax Agreement Section shall continue to be employees of the Tax Commission unless otherwise agreed to by the Tax Commission and the Corporation Commission. Effective July 1, 2005, the International Registration Plan Section and the International Fuel Tax Agreement Section shall be administered solely by the Corporation Commission. For the period of July 1, 2004, through June 30, 2005, the Corporation Commission and the Tax Commission shall enter into a contract whereby funds shall be paid to the Tax Commission by the Corporation Commission in exchange for the Tax Commission's agreement to continue to operate the International Registration Plan Section and the International Fuel Tax Agreement Section. C. The powers, duties and responsibilities exercised by the Motor Vehicle Enforcement Section of the Tax Commission shall be fully transferred to the Corporation Commission on July 1, 2004. D. All employees of the Tax Commission whose duties are transferred under this act shall be transferred to the Corporation Commission. Personnel transferred pursuant to the provisions of this section shall not be required to accept a lesser salary than presently received; provided, the provisions of this section shall not operate to prohibit the Corporation Commission or the Tax Commission from imposing furloughs or reductions-in-force with respect to such personnel as allowed by law. Personnel transferred shall be placed within the classification level in which they meet qualifications without an entrance exam. All such persons shall retain seniority, leave, sick and annual time earned and any retirement benefits which have accrued during their tenure with the Tax Commission. The transfer of personnel among the agencies shall be coordinated with the Office of Personnel Management and Enterprise Services . E. Effective July 1, 2004, any administrative rules promulgated by the Tax Commission related to the administration of the International Registration Plan authorized by Section 1120 of Title 47 of the Oklahoma Statutes, the International Fuel Tax Agreement authorized by Section 607 of Title 68 of the Oklahoma Statutes, or the enforcement of Section 1115.1 of Title 47 of the Oklahoma Statutes shall be transferred to and become a part of the administrative rules of the Corporation Commission. The Office of Administrative Rules in the Secretary of State's office shall provide adequate notice in the Oklahoma Register of the transfer of rules, and shall place the transferred rules under the Administrative Code section of the Corporation Commission. From and after July 1, 2004, any amendment, repeal or addition to the transferred rules shall be under the jurisdiction of the Corporation Commission. All documents issued by the sections transferred to the Corporation Commission, including, but not limited to, vehicle registrations and permits, shall be deemed to have been issued by the Corporation Commission. F. The Corporation Commission may promulgate rules necessary for the utilization of motor license agents licensed operators in the registration of vehicles pursuant to Section 1120 of Title 47 of the Oklahoma Statutes. |SECTION 195. AMENDATORY 47 O.S. 2021, Section 1167, is amended to read as follows: Section 1167. A. The Corporation Commission is hereby authorized to promulgate rules pursuant to the Administrative Procedures Act to establish the amounts of fees, fines and penalties as set forth in Section 1166 et seq. of this title. The Corporation Commission shall notify all interested parties of any proposed rules to be promulgated as provided herein and shall provide such parties an opportunity to be heard prior to promulgation. B. The Corporation Commission shall adjudicate enforcement actions initiated by Corporation Commission personnel. C. Revenue derived from all fines and penalties collected or received by the Corporation Commission pursuant to the provisions of the Trucking One-Stop Shop Act shall be apportioned as follows: 1. For the period beginning August 23, 2013, the first Three Hundred Thousand Dollars ($300,000.00) collected or received each fiscal year shall be remitted to the Department of Public Safety for the purpose of staffing the port of entry weigh stations to conduct safety inspections. The next Five Hundred Fifty Thousand Dollars ($550,000.00) shall be remitted to the Oklahoma Tax Commission and apportioned as provided in Section 1104 of this title; and 2. The remaining amount shall be deposited to the Trucking One- Stop Shop Fund created in subsection D of this section. D. There is hereby created in the State Treasury a revolving fund for the Corporation Commission to be known and designated as the "Trucking One-Stop Shop Fund". The Trucking One-Stop Shop Fund shall consist of: 1. All funds apportioned thereto in subsection C of this section; 2. Fees collected by the Commission to be retained as a motor license agent licensed operator or other Corporation Commission registration or motor fuel fees as allowed by statute or rule; and 3. Any other monies to be utilized for the Trucking One-Stop Shop Act. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall not be subject to legislative appropriation. Monies in the Trucking One-Stop Shop Fund shall only be expended for direct expenses relating to the Trucking One-Stop Shop Act. Expenditures from the revolving fund shall be made pursuant to the laws of this state. In addition, expenditures from the revolving fund may be made pursuant to the Oklahoma Central Purchasing Act for the purpose of immediately responding to emergency situations, within the Commission's jurisdiction, having potentially critical environmental or public safety impact. Warrants for expenditures from the fund shall be drawn by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. E. There is hereby created in the State Treasury a revolving fund for the Department of Transportation to be designated the "Weigh Station Improvement Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited thereto. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of constructing, equipping and maintaining facilities to determine the weight of vehicles traveling on the roads and highways of this state. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |SECTION 196. AMENDATORY 47 O.S. 2021, Section 1502, is amended to read as follows: Section 1502. As used in the Motor Vehicle Chop Shop, Stolen and Altered Property Act: 1. "Chop shop" means any building, lot or other premise where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any motor vehicle, or motor vehicle part known to be illegally obtained by theft, fraud or conspiracy to defraud, in order to either: a. alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number of such motor vehicle or motor vehicle part, in order to misrepresent the identity of such motor vehicle or motor vehicle part, or to prevent the identification of such motor vehicle or motor vehicle part ; , or b. sell or dispose of such motor vehicle or motor vehicle part. 2. "Motor vehicle" means and includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to, farm machinery and construction equipment. 3. "Person" means and includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. 4. "Unidentifiable" means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques. 5. "Vehicle identification number" means a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Oklahoma Tax Commission Service Oklahoma for the purpose of uniquely identifying a motor vehicle or motor vehicle part. The term shall include, but not be limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof. |SECTION 197. AMENDATORY 47 O.S. 2021, Section 1505, is amended to read as follows: Section 1505. A. The following are subject to forfeiture unless obtained by theft, fraud or conspiracy to defraud and the rightful owner is known or can be identified and located: 1. Any tool; 2. Any implement; or 3. Any instrumentality, including but not limited to, real estate, any motor vehicle or motor vehicle part, whether owned or unowned by the person from whose possession or control it was seized, which is used or possessed either in violation of Section 1503 of this title or to promote or facilitate a violation of Section 1503 of this title. B. Any motor vehicle, other conveyance, or motor vehicle part used by any person as a common carrier is subject to forfeiture under this section where the owner or other person in charge of the motor vehicle, other conveyance, or motor vehicle part is a consenting party to a violation of Section 1503 of this title. C. Any motor vehicle, motor vehicle part, other conveyance, tool, implement, or instrumentality is not subject to forfeiture under this section by reason of any act or omission which the owner proves to have been committed or omitted without the owner's knowledge or consent. D. 1. Seizing agencies will utilize their best efforts to identify any seized motor vehicle or motor vehicle part to determine ownership or the identity of any other person having a right or interest in a seized motor vehicle or motor vehicle part. In its reasonable identification and owner location attempts, the seizing agency will cause the stolen motor vehicle files of the state police to be searched for stolen or wanted information on motor vehicles similar to the seized motor vehicle or consistent with the seized motor vehicle part. 2. Where a motor vehicle or motor vehicle part has an apparent value in excess of One Thousand Dollars ($1,000.00), a. the seizing agency shall consult with an expert of the type specified in paragraph 4 of Section 1502 of this title, b. the seizing agency shall also request searches of the on-line and off-line files of the National Crime Information Center (NCIC) and the National Automobile Theft Bureau (NATB) when the state police files have been searched with negative results. E. A forfeiture of a motor vehicle, motor vehicle part, or other conveyance encumbered by a bona fide security interest is subject to the interest of the secured party where the secured party neither had knowledge of nor consented to the act or omission forming the ground for the forfeiture. F. Property, described in subsection A of this section, seized and held for forfeiture, shall not be subject to replevin and is subject only to the order and judgments of a court of competent jurisdiction hearing the forfeiture proceedings. G. 1. The district attorney in the county where the seizure occurs, or the attorney for the Oklahoma State Bureau of Investigation (OSBI) in cases investigated by the OSBI, or the attorney for the Department of Public Safety in cases investigated by the Department shall bring an action for forfeiture in a court of competent jurisdiction. The forfeiture action shall be brought within sixty (60) days from the date of seizure except where the attorney prosecuting the forfeiture in the sound exercise of discretion determines that no forfeiture action should be brought because of the rights of property owners, lienholders, or secured creditors, or because of exculpatory, exonerating, or mitigating facts and circumstances. 2. The attorney prosecuting the forfeiture shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Oklahoma Tax Commission Service Oklahoma , the Department of Public Safety, the Federal Aviation Agency, or any other department of the state, or any other state or territory of the United States, or of the federal government if such property is required to be registered in any such department. 3. Notice of the proceeding shall be given to any such other person as may appear, from the facts and circumstances, to have any right, title, or interest in or to the property. 4. The owner of the property, or any person having, or claiming, right, title, or interest in the property may within sixty (60) days after the mailing of such notice file a verified answer to the complaint and may appear at the hearing on the action for forfeiture. 5. The attorney prosecuting the forfeiture shall show at a forfeiture hearing, by a preponderance of the evidence, that such property was used in the commission of a violation of Section 1503 of this title, or was used or possessed to facilitate such violation. 6. The owner of property may show by a preponderance of the evidence that the owner did not know, and did not have reason to know, that the property was to be used or possessed in the commission of any violation or that any of the exceptions to forfeiture are applicable. 7. Unless the attorney prosecuting the forfeiture shall make the showing required of it, the court shall order the property released to the owner. Where the attorney prosecuting the forfeiture has made such a showing, the court may order: a. the property be destroyed by the agency which seized it or some other agency designated by the court, b. the property be delivered and retained for use by the agency which seized it or some other agency designated by the court, or c. the property be sold at public sale. H. A copy of a forfeiture order shall be filed with the sheriff of the county in which the forfeiture occurs and with each federal or state department with which such property is required to be registered. Such order, when filed, constitutes authority for the issuance to the agency to whom the property is delivered and retained for use or to any purchaser of the property of a title certificate, registration certificate, or other special certificate as may be required by law considering the condition of the property. I. Proceeds from sale at public auction, after payment of all reasonable charges and expenses incurred by the agency designated by the court to conduct the sale in storing and selling the property, shall be paid to the general fund of the county of seizure, the special agency account of the Oklahoma State Bureau of Investigation, or treasury of the governmental unit employing the seizing agency. J. No motor vehicle, either seized under Section 1504 of this title or forfeited under this section, shall be released by the seizing agency or used or sold by an agency designated by the court unless any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number is corrected by the issuance and affixing of either an assigned or replacement vehicle identification number plate as may be appropriate under laws or regulations of this state. K. No motor vehicle part having any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number shall be disposed of upon forfeiture except by destruction thereof, except that this provision shall not apply to any such motor vehicle part which is assembled with and constitutes part of a motor vehicle. L. No motor vehicle or motor vehicle part shall be forfeited under this section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Public Safety which report shall include a description of the motor vehicle or motor vehicle part, its color, if any, the date, time and place of its seizure, the name of the person from whose possession or control it was seized, the grounds for its seizure, and the location where the same is held or stored. M. When a seized unidentifiable motor vehicle or motor vehicle part has been held for sixty (60) days or more after the notice to the Department of Public Safety specified in subsection L of this section, has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least thirty (30) days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored. N. When a seized unidentifiable motor vehicle or motor vehicle part has an apparent value of One Thousand Dollars ($1,000.00) or less, the seizing agency shall authorize the disposal of the motor vehicle or motor vehicle part, provided that no such disposition shall be made less then sixty (60) days after the date of seizure. O. The proceeds of the public sale of an unidentifiable motor vehicle or motor vehicle part shall be deposited in the special agency account of the Oklahoma State Bureau of Investigation, or treasury of the governmental unit employing the seizing agency after deduction of any reasonable and necessary towing and storage charges. P. Seizing agencies will utilize their best efforts to arrange for the towing and storing of motor vehicles and motor vehicle parts in the most economical manner possible. In no event shall the owner of a motor vehicle or a motor vehicle part be required to pay more than the minimum reasonable costs of towing and storage. Q. A seized motor vehicle or motor vehicle part that is neither forfeited nor unidentifiable shall be held subject to the order of the court in which the criminal action is pending or, if a request for its release from such custody is made until the district attorney has notified the defendant or the defendant's attorney of such request and both the prosecution and defense have been afforded a reasonable opportunity for an examination of the property to determine its true value and to produce or reproduce, by photographs or other identifying techniques, legally sufficient evidence for introduction at trial or other criminal proceedings. Upon expiration of a reasonable time for the completion of the examination which in no event shall exceed fourteen (14) days from the date of service upon the defense of the notice of request for return of property as provided herein, the property shall be released to the person making such request after satisfactory proof of such person's entitlement to the possession thereof. Notwithstanding the foregoing, upon application by either party with notice to the other, the court may order retention of the property if it determines that retention is necessary in the furtherance of justice. R. When a seized vehicle is forfeited, restored to its owner, or disposed of as unidentifiable, the seizing agency shall retain a report of the transaction for a period of at least one (1) year from the date of the transaction. S. When an applicant for a certificate of title or salvage certificate presents to the Oklahoma Tax Commission Service Oklahoma proof that the applicant purchased or acquired a motor vehicle at a public sale conducted pursuant to this section and such fact is attested to by the seizing agency, the Oklahoma Tax Commission Service Oklahoma shall issue a certificate of title, salvage certificate for the motor vehicle upon receipt of the statutory fee, properly executed application for a certificate of title, or other certificate of ownership, and the affidavit of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser. |SECTION 198. AMENDATORY 63 O.S. 2021, Section 2211, is amended to read as follows: Section 2211. In order to provide an expeditious procedure for a person to make a gift of all or part of the body of the person pursuant to the provisions of the Uniform Anatomical Gift Act, the Department of Public Safety Service Oklahoma shall make space available on the front and back of the driver license and the identification card for an organ and tissue donor notation. The donor notation shall identify the licensee or cardholder as an organ and tissue donor for the purposes of the Uniform Anatomical Gift Act. Any person may have the organ and tissue donor notation removed from the records of the person maintained by the Department Service Oklahoma by notifying the Department Service Oklahoma in writing or by presenting the license or identification card to the Department Service Oklahoma or a motor license agent licensed operator for replacement and payment of the appropriate fee, pursuant to the provisions of Section 6-114 or subsection H of Section 6-105 of Title 47 of the Oklahoma Statutes, and informing the Department Service Oklahoma or motor license agent a licensed operator that the person desires to have the organ and tissue donor notation removed from the license or identification card. |SECTION 199. AMENDATORY 63 O.S. 2021, Section 2220.3, is amended to read as follows: Section 2220.3 A. There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Oklahoma Organ Donor Education and Awareness Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Health from: 1. Any state monies appropriated for the purpose of implementing the provisions of the Oklahoma Organ Donor Education and Awareness Program Act; and 2. Any monies collected pursuant to this section or any other monies available to the State Department of Health to implement the provisions of the Oklahoma Organ Donor Education and Awareness Program Act. B. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended to promote and encourage organ donor education and awareness. C. Monies credited to the fund, excluding administrative fees paid to the Oklahoma Tax Commission, may be used for, but are not limited to: 1. Administration of the Oklahoma Organ Donor Education and Awareness Program Act; 2. Development and promotion of organ donor public education and awareness programs in cooperation with the Oklahoma Organ Sharing Network including, but not limited to, the American Red Cross and the Oklahoma Lions Eye Bank; 3. To assist in the publication of information pamphlets or booklets by the State Department of Health and the State Superintendent of Public Instruction regarding organ donation and donations to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund. The State Department of Health shall distribute such informational pamphlets or booklets to the Department of Public Safety Service Oklahoma for distribution to applicants for original, renewal, or replacement driver licenses and identification cards when making a voluntary contribution pursuant to Section 2220.5 of this title and to the Oklahoma Tax Commission for distribution to individuals when making a voluntary contribution pursuant to the state income tax check off provided for in Section 2220.4 of this title; 4. Implementation of organ donor education and awareness programs in the elementary and secondary schools of this state by the State Department of Education; 5. Grants by the State Department of Health to certified organ procurement organizations for the development and implementation of organ donor education and awareness programs in this state; 6. Encouraging the incorporation of organ donor information into the medical and nursing school curriculums of the state's medical and nursing schools. If funds are provided to a university for this educational purpose, the university shall annually evaluate the extent to which the curriculum has affected the attitudes of its students and graduates with regard to organ donation and shall forward the evaluation results to the State Department of Health; and 7. A reserve fund in an interest-bearing account with five percent (5%) of the monies received by the fund annually to be placed in this account. No funds may be expended from the reserve fund account until the required balance has reached One Hundred Thousand Dollars ($100,000.00) and then these funds may only be used in years when donations do not meet the average normal operating fee incurred by the fund, and funds are expended to meet expenses. Once the balance in the reserve fund account reaches One Hundred Thousand Dollars ($100,000.00), excess funds earned by interest, and yearly allocations may be used at the discretion of the State Department of Health to cover operating costs and to provide additional funds. D. The fund may accept bequests and grants from individuals, corporations, organizations, associations, and any other source. The fund supplements and augments services provided by state agencies and does not take the place of such services. E. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |SECTION 200. AMENDATORY 63 O.S. 2021, Section 2220.5, is amended to read as follows: Section 2220.5 A. 1. An applicant for an original or replacement driver license or identification card shall be given an opportunity to make a voluntary contribution of One Dollar ($1.00) to be credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund established in Section 2220.3 of this title. Any voluntary contribution shall be added to the driver license or identification card fee and then be referred to the State Treasurer and credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund as provided in Section 2220.3 of this title. 2. An applicant for a vehicle title or transfer of title or for a vehicle license plate shall be given an opportunity to make a minimum voluntary contribution of One Dollar ($1.00) to be credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund established in Section 2220.3 of this title. Any voluntary contribution shall be added to the title or license plate fee and then be referred to the State Treasurer and credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund as provided in Section 2220.3 of this title. 3. The contribution prescribed in this section is voluntary and may be refused by the applicant. The Department of Public Safety and the Oklahoma Tax Commission Service Oklahoma shall make available an information booklet or other informational sources on the importance of organ donation to applicants for licensure, as designed and provided by the State Department of Health and the State Superintendent of Public Instruction. B. The Department of Public Safety Service Oklahoma and motor license agents licensed operators shall inquire of each applicant at the time of presentation of a completed application for an original driver license or identification card whether the applicant is interested in making the One Dollar ($1.00) contribution prescribed in subsection A of this section and whether the applicant is interested in being an organ and tissue donor. The Department of Public Safety Service Oklahoma or motor license agents licensed operators shall also specifically inform the applicant of the ability to make an organ and tissue donation. The Department of Public Safety Service Oklahoma shall notify the State Commissioner of Health of the name, address, date of birth, and driver license number or identification card number of applicants who indicate that they are interested in being an organ donor. C. The incremental cost of administration of contributions to the fund, not to exceed one percent (1%) of the monies received pursuant to the provisions of this section, shall be paid by the fund to the Department of Public Safety or the Oklahoma Tax Commission, as applicable, Service Oklahoma from amounts received pursuant to the provisions of this section before funds are expended for the purposes of the fund. |SECTION 201. AMENDATORY 63 O.S. 2021, Section 4002, is amended to read as follows: Section 4002. As used in the Oklahoma Vessel and Motor Registration Act: 1. "Boat livery" means a business establishment engaged in renting or hiring out vessels for profit; 2. "Canoe" means a light narrow vessel with both ends typically tapered to a sharp point which is propelled solely by its occupants, using a single-bladed paddle as a lever without the aid of a fulcrum provided by oarlocks, thole pins, crutches or similar arrangements; 3. "Certificate of documentation" means a document issued by the United States Coast Guard which is legal proof of ownership of a vessel; 4. "Certificate of registration" means a document which is legal proof of registration of a vessel or motor; 5. "Certificate of title" means a document which is proof of legal ownership of a vessel and/or motor; 6. " Commission Service Oklahoma " means: a. the Oklahoma Tax Commission Service Oklahoma , or b. the equivalent vessel registration and licensing agency of a federally recognized Indian tribe in this state; 7. "Dealer" means any person engaged in the business of selling, trading, renting with option to purchase, or attempting to negotiate or negotiating sales or exchanges of interests in new or used vessels or motors, or new and used vessels or motors, or any combination thereof; 8. "Dealer agreement" means the agreement, authorization or written contract between a manufacturer and distributor and a new vessel dealer which purports to establish the legal rights and obligations of the parties to the agreement, authorization or written contract with regard to the purchase and sale of new vessels or new motors; 9. "Designated successor" means one or more persons nominated by the new vessel dealer, in a written document filed by the dealer with the manufacturer or distributor at the time the dealer agreement is executed, to succeed the dealer in the event of the dealer's death or incapacity. If a designated successor is not able to succeed the new vessel dealer because of the designated successor's death or legal incapacity, the dealer shall execute a new document nominating a designated successor within sixty (60) calendar days after the date of the death or incapacity; 10. "Distributor" means a person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes a new vessel or new motor to a new vessel dealer or who maintains a factory representative, resident or nonresident, or who controls a person, resident or nonresident, who in whole or in part offers for sale, sells, or distributes a new vessel or new motor to a new vessel dealer; 11. "Distributor branch" means a branch office similarly maintained by a distributor or wholesaler for the same purposes a factory branch is maintained; 12. "Distributor representative" means any person, firm, association, corporation or trust and each officer and employee thereof engaged as a representative of a distributor or distributor branch of vessels or motors, for the purpose of making or promoting the sale of his or her, its or their vessels or motors, or for supervising or contacting his, its or their dealers or prospective dealers; 13. "Documented vessel" means any vessel in this state which shall have and carry on board the original certificate of documentation in legible form as issued by the United States Coast Guard or federal agency successor thereto. All documented vessels shall be required to display a current State of Oklahoma annual registration decal; 14. "Factory branch" means a branch office maintained by a person, firm, association, corporation or trust who manufactures or assembles vessels or motors for the sale of vessels or motors to distributors, or for the sale of vessels or motors to dealers, or for directing or supervising, in whole or in part, its representatives; 15. "Factory representative" means any person, firm, association, corporation or trust and each officer and employee thereof engaged as a representative of a manufacturer of vessels or motors or by a factory branch, for the purpose of making or promoting the sale of his, her, its or their vessels or motors, or for supervising or contacting his, its or their dealers or prospective dealers; 16. "Hull identification number" means the serial number affixed to the outside of the hull of a vessel on the upper starboard side (right) corner of the transom (back wall) which is assigned by the manufacturer or the Commission Service Oklahoma ; 17. "Inboard motor" means an internal combustion engine mounted inside a vessel which provides the transfer of power to move a vessel through the water; 18. "Inboard/outboard motor" means an internal combustion engine mounted inside a vessel and an external stern drive attached through the transom of the vessel providing the transfer of power to move the vessel through the water; 19. "John boat" means a narrow, flat bottomed square-ended vessel propelled by a pole, paddle or a motor of less than ten (10) horsepower; 20. "Kayak" means a light narrow vessel with both ends typically tapered to a sharp point and propelled by double-bladed paddles as a lever without the aid of a fulcrum provided by oarlocks, thole pins, crutches or similar arrangements by one or more individuals seated inside or on top of the vessel and facing the direction of travel; 21. "Kiteboard" means a vessel, similar in appearance to a surfboard, with or without foot straps or bindings, combined with a large controllable kite to propel the rider and board across the water; 22. "Lifeboat" means a vessel carried on another vessel in excess of sixty-five (65) feet for use if such other vessel has to be abandoned; 23. "Manufacturer" means a person who manufactures or assembles new vessels or new motors, or a distributor, factory branch, or factory representative; 24. "Motor" means any internal combustion engine mounted at the stern of a vessel or placed inside a vessel which provides the transfer of power to move the vessel through the water; 25. "New vessel dealer" means a person who holds a dealer agreement granted by a manufacturer or distributor for the sale of the manufacturer's or distributor's vessels or motors, who is engaged in the business of purchasing, selling, exchanging, or dealing in new vessels or new motors, and who has an established place of business; 26. "Operate" means to navigate or be in actual physical control of a vessel or otherwise use a vessel or motor; 27. "Outboard motor" means an internal combustion engine capable of being externally mounted at the stern of a vessel which provides the transfer of power to move a vessel through the water; 28. "Owner" means a person, other than a lienholder, having a property interest in or title to a vessel or motor. The term includes a person entitled to the use or possession of a vessel or motor subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security; 29. "Paddleboard" means a vessel, similar in appearance to a surfboard, intended to be propelled only by its occupants using a single- or double-bladed paddle as a lever without the aid of a fulcrum provided by oarlocks, thole pins, crutches or similar arrangements; 30. "Paddleboat" means a vessel less than eight (8) feet in length designed to be propelled solely by human power through a belt, chain or gears; 31. "Permanent number" means the distinctive and unique number which: a. the Commission Service Oklahoma permanently assigns to a vessel, irrespective of any change of ownership of said vessel. The permanent number shall begin with the letters "OK", followed by four numerals, and then followed by two letters, or b. any federally recognized Indian tribe in this state assigns to a vessel; provided, the number is configured as prescribed in 33 C.F.R., Parts 173 and 174; 32. "Person" means a natural person, partnership, corporation, association, trust, estate or other legal entity; 33. "Proposed new vessel dealer" means a person who has an application pending for a new dealer agreement with a manufacturer or distributor. Proposed new vessel dealer does not include a person whose dealer agreement is being renewed or continued; 34. "Purchase date" means the purchase date on a bill of sale or the date of complete assignment of title by the current owner; 35. "Sailboard" means a vessel, similar in appearance to a surfboard, equipped with a swivel-mounted mast and sail not secured to a hull by guys or stays; 36. "State" means the State of Oklahoma; 37. "State of principal use" means the state where the vessel or motor is used, is to be used, or remains for any period in excess of sixty (60) calendar days; 38. "Vessel" means every device, other than a seaplane on the water, used or capable of being used as a means of transportation on water; 39. "Waters of this state" means and includes all waters within the territorial limits of this state; provided, such phrase shall not mean or include waters which are entirely owned by a private person or persons, and to which the public is not permitted access; and 40. "Water-thrust device" means a device tethered to the water jet mechanism of a vessel in a manner so that the water jet of the powering vessel provides propulsion for the attached device. Such devices shall be considered a component of the powering vessel. |SECTION 202. AMENDATORY 63 O.S. 2021, Section 4003, is amended to read as follows: Section 4003. A. 1. Except as otherwise provided in Sections 4005 and 4024 of this title, every vessel in this state, irrespective of whether used on waters of this state, is required to be titled within thirty (30) calendar days from the purchase date or from the date the owner becomes a resident of this state and annually registered under the provisions of the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title. The owner of any such vessel shall file an application as required by the Oklahoma Vessel and Motor Registration Act with the Oklahoma Tax Commission Service Oklahoma for a certificate of title, a number, and for the annual registration for such vessel on forms prescribed and furnished by the Commission Service Oklahoma . 2. The provisions of this subsection shall not apply to new vessels in the inventory or stock of licensed dealers for resale which new vessels shall be subject to ad valorem taxation. 3. Said provisions shall apply to and cover all used vessels in the possession and inventory of a dealer except as provided for in Section 4036 of this title. B. 1. Except as otherwise provided in Sections 4005 and 4024 of this title, every outboard motor in excess of ten (10) horsepower in this state, irrespective of whether used on waters of this state, is required to be titled within thirty (30) calendar days from the purchase date, or from the expiration of registration, or from the date the owner becomes a resident of this state and registered under the provisions of the Oklahoma Vessel and Motor Registration Act. The owner of any such motor shall file an application as required by the Oklahoma Vessel and Motor Registration Act for a certificate of title and for an annual registration for such vessel on forms prescribed and furnished by the Commission Service Oklahoma . 2. The provisions of this subsection shall not apply to new motors in the inventory or stock of licensed dealers for resale which such new motors shall be subject to ad valorem taxation. 3. Said provisions shall apply to and cover all used motors in the possession and inventory of a dealer except as provided for in Section 4036 of this title. C. Any person engaged in the business of selling, trading, renting with option to purchase, or attempting to or negotiating sales or exchanges of interests in new or used vessels or motors, or new and used vessels or motors, or any combination thereof shall be licensed pursuant to Section 4033 of this title. |SECTION 203. AMENDATORY 63 O.S. 2021, Section 4004, is amended to read as follows: Section 4004. A. It shall be the duty of the Oklahoma Tax Commission Service Oklahoma , and the Commission Service Oklahoma is hereby granted authority and jurisdiction to administer the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title, with the aid of its motor license agents licensed operators and all duly authorized peace officers of this state. B. The Commission Service Oklahoma is hereby authorized to promulgate all necessary rules and prepare forms and records to enact and enforce the provisions of the Oklahoma Vessel and Motor Registration Act. C. All duly authorized peace officers of this state are hereby granted authority and jurisdiction to enforce the provisions of and any rules pertaining to the Oklahoma Vessel and Motor Registration Act within their jurisdiction. D. The Commission Service Oklahoma shall have the authority in cases of dispute to determine the factory-delivered price of any vessel or motor. E. The Commission Service Oklahoma shall periodically cause to be prepared and shall distribute to each authorized motor license agent licensed operator a manual of procedure containing instructions, directions and guidelines to be followed by all motor license agents licensed operators in the performance of their duties regarding vessels and motors. F. All rules promulgated pursuant to the provisions of this act shall comply with Article 1 of the Administrative Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes. In addition to other filing requirements of law, such rules shall be filed with the Commissioner of Public Safety. |SECTION 204. AMENDATORY 63 O.S. 2021, Section 4006, is amended to read as follows: Section 4006. The Commission Service Oklahoma is hereby authorized and directed to utilize its motor license agents licensed operators appointed under the Oklahoma Vehicle License and Registration Laws in the administration of the Oklahoma Vessel and Motor Registration Act. |SECTION 205. AMENDATORY 63 O.S. 2021, Section 4007, is amended to read as follows: Section 4007. A. Except as otherwise provided by this section, all information contained in the certificate of title or the registration of any vessel or motor shall be confidential and privileged, subject only to disclosure to the following: 1. Any duly authorized peace officer of this state in the regular course of the peace officer's duties; 2. Any official person or body of any other state or of the United States, when required in their governmental functions; 3. Any person or firm, when the Oklahoma Tax Commission Service Oklahoma is satisfied the request for information is reasonable and is related primarily to boating safety; 4. Any filer of a mechanics, storage or abandoned vessel possessory lien under the applicable provisions of Sections 91 through 200 of Title 42, Section 908 of Title 47 or Section 4217.4 of Title 63 of the Oklahoma Statutes, when such information is required to fulfill the notification requirements contained therein; 5. Any vessel or motor manufacturer or an authorized representative thereof in connection with matters of vessel or motor safety and theft, vessel motor emissions, vessel or motor product alterations, recalls or advisories, performance monitoring of vessel or motor parts and dealers, vessel or motor market research activities, including survey research, and removal of non-owner records from the original owner records of vessel or motor manufacturers. The confidentiality of the information shall be protected, as set out above, and used only for the purpose stated; provided, further, that the Tax Commission Service Oklahoma shall be authorized to review the use of and the measures employed to safeguard the information; and provided, further, that the manufacturer or representative shall bear the cost incurred by the Tax Commission Service Oklahoma in the production of the information requested. If the confidentiality provisions, pursuant to this section, are violated, the provisions of subsection D of Section 205 of Title 68 of the Oklahoma Statutes shall apply and the privilege of obtaining information shall be terminated. Any manufacturer or representative violating the provisions of this section, upon conviction, shall be punishable by a fine not to exceed Fifty Thousand Dollars ($50,000.00); and 6. Any person compiling and publishing vessel or motor statistics, provided that such statistics do not disclose the names or addresses of individuals. Such information shall be provided upon payment of a fee as determined by the Tax Commission Service Oklahoma . B. The Tax Commission Service Oklahoma or a motor license agent licensed operator may furnish the holder of a security interest in a specific vessel or motor upon payment of the fee specified by Section 4014 of this title, a copy or certified copy of the certificate of title or registration information for such vessel. |SECTION 206. AMENDATORY 63 O.S. 2021, Section 4008, is amended to read as follows: Section 4008. Except as otherwise provided in Section 4005 of this title, the owner of every vessel or motor in this state shall possess a certificate of title as proof of ownership of such vessel or motor. Application for a certificate of title, whether an original or duplicate, may be made to the Oklahoma Tax Commission Service Oklahoma or any motor license agent licensed operator . When application is made with a motor license agent licensed operator , the application information shall be transmitted either electronically or by mail to the Commission Service Oklahoma by the motor license agent licensed operator . If the application information is transmitted electronically, the motor license agent licensed operator shall forward the required application along with evidence of ownership, where required, by mail. Where the transmission of application information cannot be performed electronically, the Commission Service Oklahoma is authorized to provide postage-paid envelopes to motor license agents licensed operators for the purpose of mailing the application along with evidence of ownership, where required. The Commission Service Oklahoma shall upon receipt of proper application information issue an Oklahoma certificate of title. Such certificates may be mailed to the applicant. Upon issuance of a certificate of title, the Commission Service Oklahoma shall provide the appropriate motor license agent licensed operator with confirmation of such issuance. |SECTION 207. AMENDATORY 63 O.S. 2021, Section 4009, is amended to read as follows: Section 4009. A. The application for a certificate of title and registration for a vessel or an outboard motor shall be upon a form furnished by the Oklahoma Tax Commission Service Oklahoma and shall contain: 1. A full description of the vessel or outboard motor; 2. The manufacturer's serial and model number or other identification number; 3. The length of the vessel; 4. The date on which first sold by the manufacturer or dealer to the owner; 5. Any distinguishing marks; 6. A statement of the applicant's source of title; 7. Whether the vessel is a documented vessel and the number assigned to such vessel; 8. Any security interest upon said vessel or outboard motor, or vessel and motor; and 9. Such other information as the Commission Service Oklahoma may require. Every original or duplicate certificate of title and registration for a vessel or an outboard motor shall contain all items listed in this subsection. B. To obtain an original certificate of title for a vessel or outboard motor that is being registered for the first time in this state or for a vessel or outboard motor that has not been previously registered in any other state, the applicant shall be required to deliver, as evidence of ownership, a manufacturer's certificate of origin or at the discretion of the Commission Service Oklahoma a copy of the manufacturer's certificate of origin properly assigned by the manufacturer, distributor, or dealer licensed in this or any other state shown thereon to be the last transferee to the applicant upon a form to be prescribed and approved by the Commission Service Oklahoma . A manufacturer's certificate of origin shall contain: 1. The manufacturer's serial or other identification number; 2. Date on which first sold by the manufacturer to the dealer; 3. Any distinguishing marks including model and the year same was made; 4. A statement of any security interests upon said vessel or outboard motor, or vessel and motor; and 5. Such other information as the Commission Service Oklahoma may require. C. In the absence of a dealer's or manufacturer's number, the Commission Service Oklahoma may assign such identifying number to the vessel or outboard motor, which shall be permanently stamped, burned or pressed into or attached onto such vessel or outboard motor. D. Every dealer selling new or used vessels or outboard motors and every individual not licensed as a dealer who sells a new or used vessel or outboard motor shall verify the hull identification number or serial number is the same as the number on the current registration of the vessel or outboard motor. The seller of the vessel or outboard motor shall sign a notarized affidavit, under penalty of perjury, affirming the numbers are the same. E. 1. Before a homemade vessel is issued a hull identification number from the Commission Service Oklahoma , the vessel and the motor shall be inspected by a commissioned officer of the Oklahoma Highway Patrol Division of the Department of Public Safety or by any other employee of the Department or any other law enforcement officer of the state as the Commissioner of Public Safety may designate, pursuant to the rules promulgated by the Commissioner of Public Safety. For the purposes of this act, "homemade vessel" means any vessel not allotted a hull identification number (HIN) by a manufacturer, and specifically excludes any vessel upon which the hull identification number has been covered, altered, defaced, destroyed, or removed. 2. The Department of Public Safety is hereby granted authority and jurisdiction, pursuant to Article 1 of the Administrative Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes, to promulgate, administer and enforce all necessary rules deemed necessary to implement the provisions of this section. 3. The Department of Public Safety shall prescribe all forms deemed necessary to implement the provisions of this section. F. It shall be unlawful to: 1. Improperly display or fail to display a vessel's hull identification number; 2. Operate or possess a vessel on which the hull identification number has been removed; or 3. Operate or possess a motor on which the serial number has been removed. G. When registering in this state a vessel which was titled in another state and which title contains the name of a secured party on the face of the other state certificate of title, the Oklahoma Tax Commission Service Oklahoma or the motor license agent licensed operator shall complete a lien entry form as prescribed by said Commission Service Oklahoma . A statement of the lien or encumbrance shall be included on the Oklahoma certificate of title and the lien or encumbrance shall be deemed continuously perfected as though it had been perfected pursuant to Section 4013 of this title. For completing the lien entry form and recording the security interest on the certificate of title, the Commission Service Oklahoma or the motor license agent licensed operator shall collect a fee of Three Dollars ($3.00) which shall be in addition to other fees provided by the Oklahoma Vessel and Motor Registration Act. H. Upon payment of all fees and taxes, a certificate of title, a certificate of registration and, for a vessel, two registration decals or, for an outboard motor, one registration decal shall be delivered to the applicant. Provided, yearly decals shall be issued for vessels and motors titled and registered to the Department of Public Safety. |SECTION 208. AMENDATORY 63 O.S. 2021, Section 4009.1, is amended to read as follows: Section 4009.1 A. 1. The Department of Public Safety Service Oklahoma shall promulgate rules specifying the location and manner in which serial numbers for outboard motors shall be affixed. In promulgating such rules, the Department Service Oklahoma shall consider the existence of voluntary industry standards, the current state of technology and the overall process of reducing vessel and motor thefts in this state. 2. Any outboard motor manufactured on or after October 1, 1985, which is for sale in this state shall comply with the rules promulgated pursuant to this section. 3. Any person, firm or corporation which sells or offers to sell any outboard motor or outboard motor part manufactured on or after October 1, 1985, which does not comply with this subsection shall be, upon conviction, guilty of a misdemeanor, punishable by a fine of up to Five Hundred Dollars ($500.00), imprisonment in the county jail for a period of up to one (1) year, or both such fine and imprisonment. B. 1. It is unlawful for any person to knowingly possess any outboard motor or outboard motor part upon which the serial number required by subsection A of this section has been removed, erased, defaced or otherwise altered to prevent identification. 2. It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in sale or exchange, supply in blank, authorize or direct, give away, or to conspire to or attempt to commit any of the previously mentioned acts, any counterfeit manufacturer's outboard motor or outboard motor part serial number plate or decal, used for the purpose of identification of any outboard motor or outboard motor part, or to conspire or attempt to commit any of these acts. 3. Any person violating any provision of this subsection shall be, upon conviction, guilty of a felony. C. If any serial number required by this section to identify ownership of an outboard motor or outboard motor part does not exist or has been removed, erased, defaced or otherwise altered to prevent identification, and the true identity cannot be determined, the outboard motor or outboard motor part may be seized by any peace officer in this state and shall be subject to forfeiture pursuant to the procedures established for the law enforcement agency by which the seizing officer is employed. Such outboard motor or outboard motor part may not be sold or used to propel a vessel on the waters of this state unless and until the Department of Public Safety is directed by the Oklahoma Tax Commission to issue Service Oklahoma issues to the outboard motor or outboard motor part a replacement identifying number which shall be affixed to the motor or part and shall thereafter be used for identification purposes of the motor or part. |SECTION 209. AMENDATORY 63 O.S. 2021, Section 4012, is amended to read as follows: Section 4012. A. In the event of the sale or transfer of the ownership of a vessel or motor for which a certificate of title has been issued, the holder of such certificate shall endorse on the back of same a complete assignment thereof with warranty of title in form printed thereon with a statement of all liens or encumbrances on said vessel or motor sworn to before a notary public or some other person authorized by law to take acknowledgments, and deliver same to the purchaser or transferee at the time of delivery to him of such vessel or motor. The purchaser or transferee, unless such person is a bona fide dealer licensed by the State of Oklahoma, shall, within thirty (30) calendar days from the time of delivery to him or her of such vessel or motor, present the assigned certificate of title to the Oklahoma Tax Commission Service Oklahoma , or one of its motor license agents licensed operators , accompanied by the fee required pursuant to Section 4014 of this title, together with any excise tax or registration fee that may be due, whereupon a new certificate of title, shall be issued to the assignee. B. A licensed dealer shall, on selling or otherwise disposing of a vessel or motor, execute and deliver to the purchaser thereof the certificate of title properly and completely reassigned. C. Said certificate, when so assigned and returned to the Commission Service Oklahoma , together with any subsequent assignment or reissue thereof, shall be appropriately filed and indexed so that at all times it will be possible to trace title to the vessel or motor designated therein. Provided, when the ownership of any vessel or motor shall pass by operation of law, the person owning such vessel or motor may, upon furnishing satisfactory proof to the Commission Service Oklahoma of such ownership, procure a title to said vessel or motor, regardless of whether a certificate of title has ever been issued. Provided, however, all homemade vessels shall first comply with the provisions of subsection D of Section 4009 of this title. D. The dealer shall execute and deliver to the purchaser bills of sale for all new vessels or new motors sold by him. On presentation of a bill of sale by a dealer for a new vessel or motor sold in this state, accompanied by any fee required by Section 4014 of this title and any excise tax that may be due, a certificate of title shall be issued. E. Upon proper proof of a lost certificate of title being made to the Commission Service Oklahoma or one of its motor license agents licensed operators , accompanied by an application therefor and payment of the fees required by Section 4014 of this title, a duplicate certificate of title shall be issued to said applicant. |SECTION 210. AMENDATORY 63 O.S. 2021, Section 4013, is amended to read as follows: Section 4013. A. 1. Except for a security interest in vessels or motors held by a dealer for sale or lease, a security interest, as defined in paragraph (37) (35) of Section 1-201 of Title 12A of the Oklahoma Statutes, in a vessel or motor as to which a certificate of title may be properly issued by the Oklahoma Tax Commission Service Oklahoma shall be perfected only when a lien entry form prescribed by the Tax Commission Service Oklahoma , and the existing certificate of title, if any, or application for a certificate of title and manufacturer's certificate of origin or other identification number containing the name and address of the secured party and the date of the security agreement and the required fee are delivered to the Tax Commission Service Oklahoma or to a motor license agent licensed operator . The filing and duration of perfection of a security interest, pursuant to the provisions of Title 12A of the Oklahoma Statutes, including, but not limited to, Section 1-9-311 of Title 12A of the Oklahoma Statutes, shall not be applicable to perfection of security interests in vessels or motors as to which a certificate of title may be properly issued by the Tax Commission Service Oklahoma , except as to vessels or motors held by a dealer for sale or lease and except as provided in subsection D of this section. In all other respects Title 12A of the Oklahoma Statutes shall be applicable to such security interests in vessels or motors as to which a certificate of title may be properly issued by the Tax Commission Service Oklahoma . 2. Whenever a person creates a security interest in a vessel or motor, such person shall surrender to the secured party the certificate of title or the signed application for a new certificate of title, on the form prescribed by the Tax Commission Service Oklahoma , and the manufacturer's certificate of origin or other identification number. The secured party shall deliver the lien entry form and the required lien filing fee within twenty-five (25) calendar days as provided hereafter with certificate of title or the application for certificate of title, and the manufacturer's certificate of origin or other identification number to the Tax Commission Service Oklahoma or to a motor license agent licensed operator . Perfection of the security interest shall begin from the date of the delivery to the Tax Commission Service Oklahoma or to a motor license agent licensed operator of (i) the lien entry form, (ii) the lien filing fee, and (iii) the certificate of title or application for certificate of title and the manufacturer's certificate of origin or other identification number. When a vessel or motor title is presented to a motor license agent licensed operator for transfer or registration and the documents reflect a lienholder, the motor license agent licensed operator shall perfect the lien as provided for in subsection G of Section 1105 of Title 47 of the Oklahoma Statutes. 3. Upon the receipt of the lien entry form and the required fees with either the certificate of title or an application for certificate of title and manufacturer's certificate of origin or other identification number, a motor license agent licensed operator shall, by placement of a clearly distinguishing mark, record the date and number shown in a conspicuous place, on each of these instruments. 4. The certificate of title or the application for certificate of title and manufacturer's certificate of origin or other identification number with the record of the date of receipt clearly marked thereon shall be returned to the debtor together with a notice that the debtor is required to register and pay all additional fees and taxes due within thirty (30) calendar days from the date of purchase of said vessel or motor. 5. Any person creating a security interest in a vessel or motor that has been previously registered in the debtor's name and on which all taxes due the state have been paid shall surrender the certificate of ownership to the secured party. The secured party shall have the duty to record the security interest as provided in this section and shall, at the same time, obtain a new certificate of title which shall show the secured interest on the face of such certificate of title. 6. The lien entry form with the date and assigned number thereof clearly marked thereon shall be returned to the secured party. If the lien entry form is received and authenticated, as herein provided, by a motor license agent licensed operator , such agent licensed operator shall make a report thereof to the Tax Commission Service Oklahoma upon the forms and in the manner as may be prescribed by the Tax Commission Service Oklahoma . 7. The Tax Commission Service Oklahoma shall have the duty to record the lien upon the face of the certificate of title issued at the time of registering and paying all fees and taxes due on such vessel or motor. B. 1. A secured party shall, within seven (7) business days after the satisfaction of such security interest, furnish directly or by mail a release of a security interest to the Tax Commission Service Oklahoma and mail a copy thereof to the last-known address of the debtor. If the security interest has been satisfied by payment from a licensed used boat dealer to whom the used vessel or motor has been transferred, the secured party shall also, within seven (7) business days after such satisfaction, mail a certified copy of copy number one of the release of security interest to such dealer. If the secured party fails to furnish such release as herein required, the secured party shall be liable to the debtor for a penalty of One Hundred Dollars ($100.00) and, in addition, any loss caused to the debtor by such failure. 2. Upon release of a security interest the owner may obtain a new certificate of title omitting reference to the security interest, by submitting to the Tax Commission Service Oklahoma or to a motor license agent licensed operator : a. a release signed by the secured party, an application for new certificate of title and the proper fees, or b. by submitting to the Tax Commission Service Oklahoma or the motor license agent licensed operator an affidavit, supported by such documentation as the Tax Commission Service Oklahoma may require, by the owner on a form prescribed by the Tax Commission Service Oklahoma stating that the security interest has been satisfied and stating the reasons why a release cannot be obtained, an application for a new certificate of title and the proper fees. Upon receiving such affidavit that the security interest has been satisfied, the Tax Commission Service Oklahoma shall issue a new certificate of title eliminating the satisfied security interest and the name and address of the secured parties who have been paid and satisfied. The Tax Commission Service Oklahoma shall accept a release of a security interest in any form that identifies the debtor, the secured party, and the vessel or motor and contains the signature of the secured party. The Tax Commission Service Oklahoma shall not require any particular form for the release of a security interest. The words "security interest" when used in the Oklahoma Vessel and Motor Registration Act do not include liens dependent upon possession. C. The Tax Commission Service Oklahoma shall file and index certificates of title so that at all times it will be possible to trace a certificate of title to the vessel or motor designated therein, identify the lien entry form, and the names and addresses of secured parties, or their assignees, so that all or any part of such information may be made readily available to those who make legitimate inquiry of the Tax Commission Service Oklahoma as to the existence or nonexistence of security interest in the vessel or motor. D. 1. Any security interest in a vessel or motor properly perfected prior to January 1, 1990, may be continued as to its effectiveness or duration as provided by Section 1-9-515 of Title 12A of the Oklahoma Statutes, or may be terminated, assigned or released as provided by Sections 1-9-513 and 1-9-514 of Title 12A of the Oklahoma Statutes, as fully as if this section had not been enacted, or, at the option of the secured party, may also be perfected under this section, and, if so perfected, the time of perfection under this section shall be the date said security interest was originally perfected under the prior law. 2. Upon request of the secured party, the debtor or any other holder of the certificate of title shall surrender said certificate of title to the secured party and shall do such other acts as may be required to perfect said security interest under this section. |SECTION 211. AMENDATORY 63 O.S. 2021, Section 4014, is amended to read as follows: Section 4014. A. The charge for each certificate of title for any vessel or motor issued shall be Two Dollars and twenty-five cents ($2.25), which charge shall be in addition to any excise taxes or fees imposed by law for such vessel or motor. One Dollar ($1.00) of each such fee shall be deposited in the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund. B. The charge for a duplicate certificate of title shall be Two Dollars and twenty-five cents ($2.25) which charge shall be in addition to any other fees imposed by this section for any such vessel or motor. One Dollar ($1.00) of such fee shall be deposited in the Oklahoma Tax Commission Service Oklahoma Reimbursement Fund. C. For each security interest recorded on a certificate of title, or manufacturer's certificate of origin or other identification number, such person shall pay a fee of Eight Dollars ($8.00), which shall be in addition to other fees provided for in this section. D. 1. When an application for a new certificate of title or duplicate certificate of title for a vessel or motor is made to the Commission Service Oklahoma or one of its motor license agents licensed operators , an application fee in the amount of One Dollar and twenty-five cents ($1.25) for the issuance of such certificate of title shall be charged and collected. 2. For recording a security interest on a certificate of title or manufacturer's certificate of origin or other identification number, the Commission Service Oklahoma or a motor license agent licensed operator shall charge Two Dollars ($2.00) for each security interest so recorded. E. 1. The charge for a copy of certificate of title information is One Dollar ($1.00) for each instrument. 2. The charge for a certified copy of certificate of title information is Two Dollars ($2.00) for each instrument. |SECTION 212. AMENDATORY 63 O.S. 2021, Section 4015, is amended to read as follows: Section 4015. Except as otherwise provided by Sections 4005 and 4024 of this title, every owner of a vessel or motor possessing a certificate of title shall make an application for the registration of such vessel or motor with the Oklahoma Tax Commission Service Oklahoma or with a motor license agent licensed operator within thirty (30) calendar days from the purchase date, or from the expiration of registration, or from the date the owner becomes a resident of this state. The application shall contain such information as shall be required by the Commission Service Oklahoma pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title. |SECTION 213. AMENDATORY 63 O.S. 2021, Section 4016, is amended to read as follows: Section 4016. A. Every owner of a vessel, when making application for registration, shall furnish the following information: 1. A full description of the vessel including the manufacturer's serial, model, or other identification number, the manufacturer's factory delivered price, and the total delivered price of said vessel; 2. The correct name and address, the name of the city, county and state in which the person in whose name the vessel is to be registered resides; 3. The county of location of the vessel; and 4. Such other information as may be prescribed by the Commission Service Oklahoma . B. Upon the filing of a registration application for a vessel and the payment of the fees provided for in the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title, the Oklahoma Tax Commission Service Oklahoma shall issue the owner of the vessel a certificate of registration and two registration decals and shall also assign a permanent number for the vessel described in the application. The registration decals and the permanent number shall be recorded on the annual registration certificate covering such vessel. The permanent number shall be displayed upon the vessel as required by Section 4030 of this title. C. The current certificate of registration shall be legible and available for inspection at all times. D. On all new and used vessels, prior to receipt of the certificate of registration and the registration decals, the dealer's bill of sale shall be available for inspection at all times for the first thirty (30) calendar days from the date of purchase. Thereafter, prior to receipt of the certificate of registration and the registration decals, the official registration receipt from the Commission Service Oklahoma or a motor license agent licensed operator shall be available for inspection at all times. |SECTION 214. AMENDATORY 63 O.S. 2021, Section 4017, is amended to read as follows: Section 4017. A. Every owner of an outboard motor in excess of ten (10) horsepower, when making application for registration, shall furnish the following information: 1. A full description of the outboard motor including the manufacturer's serial, model, or other identification number, the manufacturer's factory delivered price, and the total delivered price of said outboard motor; 2. The correct name and address, and the name of the city, county and state in which the person in whose name the outboard motor is to be registered resides; 3. The county of location of such outboard motor; and 4. Such other information as may be prescribed by the Oklahoma Tax Commission Service Oklahoma . B. Upon the filing of a registration application for an outboard motor and the payment of the fees provided for in the Oklahoma Vessel and Motor Registration Act, the Commission Service Oklahoma shall issue the owner of the outboard motor a certificate of registration and a registration decal. C. The current certificate of registration shall be legible and available for inspection at all times. D. On all new and used outboard motors, prior to receipt of the certificate of registration and the registration decal, the dealer's bill of sale shall be available for inspection at all times for the first thirty (30) calendar days from the date of purchase. Thereafter, prior to receipt of the certificate of registration and the registration decal, the official registration receipt from the Commission Service Oklahoma or a motor license agent licensed operator shall be available for inspection at all times. |SECTION 215. AMENDATORY 63 O.S. 2021, Section 4019, is amended to read as follows: Section 4019. A. 1. The registration fees herein levied upon vessels and motors located within this state shall be due on the first day of July each year and shall become delinquent on the first day of August thereafter. 2. Any person owning a vessel or motor subject to the provisions of this subsection and failing or refusing to file application for the registration of such vessel or motor and to pay the annual registration fee as provided by the Oklahoma Vessel and Motor Registration Act, on or before the 31st day of July each year, shall be deemed delinquent. B. On the registration of new vessels or new motors purchased in this state and on new or used vessels or motors used in this state or brought into this state between July 1 and September 30, inclusive, of any year the payment of the full annual registration and license fee shall be collected; and between October 1 and December 31, inclusive, of any year the payment of three-fourths (3/4) the annual registration and license fee shall be collected; and between January 1 and March 31, inclusive, of any year the payment of one-half (1/2) the annual registration and license fee shall be collected; and between April 1 and June 30, inclusive, of any year the payment of one-fourth (1/4) of the annual registration and license fee shall be collected. C. Any person registering a vessel or motor under the provisions of the Oklahoma Vessel and Motor Registration Act may elect to have the vessel or motor registered for a three-year period. If a person elects to register the vessel or motor for a three-year period, the person shall pay ninety percent (90%) of the registration fees that the person would have otherwise paid if the person had registered the vessel or a motor on an annual basis over the three-year period. If a person is registering a vessel or motor pursuant to the provisions of subsection B of this section and elects to register the vessel or motor for a three-year period, the partial year registration shall count as one of the three (3) years of registration. The motor license agent licensed operator registering the vessel or motor for a three-year period shall receive one hundred percent (100%) of the fees the motor license agent licensed operator would have otherwise received pursuant to subsection B of Section 1141.1 of Title 47 of the Oklahoma Statutes if the vessel or motor had been registered on an annual basis over the three-year period. |SECTION 216. AMENDATORY 63 O.S. 2021, Section 4020, is amended to read as follows: Section 4020. The Oklahoma Tax Commission Service Oklahoma shall notify through the mail, or via electronic mail, all persons who have not opted out of the notification system within the state who have previous vessel or motor registrations on record of the period for registration that are due to be registered in July of that year. Persons choosing to receive such annual notification through the mail shall be assessed an annual fee of fifty cents ($0.50), notwithstanding the provisions of Section 1114.1 of Title 47 of the Oklahoma Statutes, which shall be used by the Tax Commission Service Oklahoma for printing and mailing of renewal notifications. Members of the armed forces of the United States, the Reserve Corps of the armed forces of the United States, and the Oklahoma National Guard and their spouses eligible for the military registration fee, as provided in Section 4021 of this title, shall receive a renewal notification without payment of such fee. The printed notice shall contain all necessary information for such registration including a breakdown of all charges to be paid by the owner. The breakdown of the charges to be paid by the owner shall include the charges an owner would pay to register the vessel or motor for a one-year period and the charges an owner would pay to register the vessel or motor for a three-year period. Use of a postcard or electronic mail-type renewal notice is specifically permitted. The content and form of the notice shall also contain instructions as to the procedure for renewal upon presentation to a motor license agent licensed operator or by return mail to the Tax Commission's Service Oklahoma's state office. The Tax Commission Service Oklahoma shall provide information on its public website instructing persons on the procedure for obtaining an annual notification via electronic mail, free of charge, outlining all charges and fees associated with the registration of vessels and motors, as well as an explanation of the apportionment of vessel and motor registration fees and penalties. The cost of mailing shall be One Dollar ($1.00) for titles or other forms or devices required by the Oklahoma Vessel and Motor Registration Act. Provided, that the Tax Commission Service Oklahoma may adjust any mailing costs as deemed appropriate to allow for increased or additional fees charged by the United States Postal Service. Failure by any applicant to receive notification of renewal as provided by this section shall not excuse the applicant from properly obtaining any registration at the proper time by presenting proof of ownership to the Tax Commission's Service Oklahoma's state office or to a motor license agent licensed operator . |SECTION 217. AMENDATORY 63 O.S. 2021, Section 4021, is amended to read as follows: Section 4021. A. The application required for the initial and subsequent registration of a vessel or a motor shall be accompanied by payment of the following fees: 1. Where the manufacturer's factory delivered price, or in the absence of such price being published in a recognized publication for the use of marine dealers and/or for purposes of insurance and financing firms, where the provable original or new cost of all materials, is One Hundred Fifty Dollars ($150.00) or less, the registration and license fee for the first and for each succeeding year's registration shall be One Dollar ($1.00); 2. Where the manufacturer's factory delivered price, or in the absence of such price being published as provided in paragraph 1 of this section, where the value of such vessel or motor is determined and fixed as above required and, is in excess of One Hundred Fifty Dollars ($150.00), there shall be added to the fee of One Dollar ($1.00), the sum of One Dollar ($1.00) for each One Hundred Dollars ($100.00) or any fraction thereof, in excess of One Hundred Fifty Dollars ($150.00) provided such fee shall not exceed One Hundred Fifty Dollars ($150.00); 3. After the first year's registration in this state under the Oklahoma Vessel and Motor Registration Act of any new vessel or new motor under paragraph 2 of this subsection, the registration for the second year shall be ninety percent (90%) of the fee computed and assessed hereunder for the first year, and thereafter, such fee shall be computed and assessed at ninety percent (90%) of the previous year's fee and shall be so computed and assessed for the next nine (9) successive years provided such fee shall not exceed One Hundred Fifty Dollars ($150.00); 4. The initial and subsequent registration fee for any vessel which is a part of a fleet used for lodging and for which a rental fee and sales tax are collected shall be Forty Dollars ($40.00) in lieu of the fees required by paragraphs 1 through 3 of this subsection. For the purpose of this paragraph, "fleet" means twenty or more vessels operated by a business organization from a single anchorage. The fee provided for in this paragraph may be reduced annually to zero until the total reduction equals the difference between the sum of the fees paid pursuant to paragraphs 1 through 3 of this subsection for the two registration years preceding January 1, 1990, and the fee provided for in this paragraph; 5. For any vessel or motor owned and numbered, registered or licensed prior to January 1, 1990, in this or any other state, or in the absence of such registration upon proof of the year, model and age of same, the registration fee shall be computed and assessed at the rate hereinabove provided for a new vessel or motor based on the value thereof determined as provided in this subsection, but reduced as though same had been registered for each prior year of its existence. Except as provided in paragraph 1 of this subsection, the registration fee for the eleventh year computed in accordance with the provisions of this subsection shall be the amount of the fee to be assessed for such eleventh year and shall be the minimum annual registration fee for such vessel or motor for any subsequent year; and 6. The initial and subsequent registration fee for any vessel or motor which is not being used in a trade or business or for any commercial purpose and is owned by: a. a nonresident member of the Armed Forces of the United States assigned to duty in this state in compliance with official military or naval orders, b. a resident member of the Armed Forces of the United States assigned to duty in this state in compliance with official military or naval orders, c. the spouse, who resides in Oklahoma, of a resident or nonresident member of the Armed Forces of the United States serving in a foreign country, or d. any Oklahoma resident who is stationed out of state due to an official assignment of the Armed Forces of the United States, shall be the lesser of either a Fifteen Dollar ($15.00) registration fee or the fee computed and assessed for vessels or motors of similar age and model pursuant to this section. B. As used in this section, the term "manufacturer's factory delivered price" shall represent the recommended retail selling price and shall not mean the wholesale price to a dealer. C. The Oklahoma Tax Commission Service Oklahoma shall assess the registration fees and penalties for the year or years a vessel or motor was not registered as provided in the Oklahoma Vessel and Motor Registration Act. For vessels or motors not registered for two (2) or more years, the registration fees and penalties shall be due only for the current year and one (1) previous year. D. Upon each vessel or motor repossessed by a mortgagee, a fee of Forty-six Dollars ($46.00) shall be assessed. This fee shall be in lieu of any applicable vessel or motor excise tax and registration fees. Each motor license agent licensed operator accepting applications for certificates of title for such vessel or motors shall receive Seven Dollars ($7.00) to be deducted from the license fee specified in this paragraph for each application accepted. E. All vessels or motors owned by the State of Oklahoma, its agencies or departments, or political subdivisions thereof, or which under the law would be exempt from direct ad valorem taxation, shall be registered pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act for an annual fee of Two Dollars and twenty- five cents ($2.25) irrespective of whether registered by a motor license agent licensed operator or the Tax Commission Service Oklahoma . F. All vessels and motors owned: 1. By the Boy Scouts of America, the Girl Scouts of U.S.A., and the Camp Fire USA, devoted exclusively to youth programs emphasizing physical fitness, character development and citizenship training; 2. By the Department of Public Safety; and 3. By organizations which are exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and which are primarily devoted to the establishment, development, operation, promotion, and participation in, alone or in conjunction with others, educational and training programs and competitive events to provide knowledge, information, or comprehensive skills related to the sports of sailing, fishing, boating, and other aquatic related activities ; , are hereby exempt from the payment of registration fees required by this section. Provided all of such vessels or motors shall be registered and shall otherwise comply with the provisions of the Oklahoma Vessel and Motor Registration Act. G. A credit shall be allowed with respect to the fee for registration of any new vessel or new motor, when such new vessel or motor is a replacement for: 1. A new original vessel or new original motor which is stolen from the purchaser/registrant within ninety (90) days of the date of purchase of the original vessel or new original motor as certified by a police report or other documentation as required by the Tax Commission Service Oklahoma ; or 2. A defective new original vessel or new original motor returned by the purchaser/registrant to the seller within six (6) months of the date of purchase of the defective new original vessel or new original motor as certified by the manufacturer. Such credit shall be in the amount of the fee for registration which was paid for the new original vessel or new original motor and shall be applied to the registration fee for the replacement vessel or motor. In no event will said credit be refunded. H. Upon proper proof of a lost certificate of registration being made to the Tax Commission Service Oklahoma or one of its motor license agents licensed operators , accompanied by an application therefor and payment of the fees required by the Oklahoma Vessel and Motor Registration Act, a duplicate certificate of registration shall be issued to the applicant. The charge for such duplicate certificate of registration shall be Two Dollars and twenty-five cents ($2.25), which charge shall be in addition to any other fees imposed by Section 4022 of this title for any such vessel or motor. I. In addition to any other fees levied by the Oklahoma Vessel and Motor Registration Act, there is levied and there shall be paid to the Tax Commission Service Oklahoma , for each year a vessel or motor is registered, a fee of One Dollar ($1.00) for each vessel or motor for which a registration or license fee is required pursuant to the provisions of this section. The fee shall accrue and shall be collected upon each vessel or motor under the same circumstances and shall be payable in the same manner and times as apply to vessel and motor licenses and registrations under the provisions of the Oklahoma Vessel and Motor Registration Act; provided, the fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year. Monies collected pursuant to this subsection shall be apportioned by the Tax Commission Service Oklahoma to the State Treasurer for deposit in the Trauma Care Assistance Revolving Fund created in Section 330.97 of this title. The collection and payment of the fee shall be a prerequisite to license or registration of any vessel or motor. J. If a vessel or motor is donated to a nonprofit charitable organization, the nonprofit charitable organization shall be exempt from paying any current or past due registration fees, excise tax, transfer fees, and penalties and interest; provided, subsequent to such donation, if the person, entity or party acting on another's behalf who donated the vessel or motor, purchases the same vessel or motor from the nonprofit charitable organization receiving the original donation, such person, entity or party acting on another's behalf shall be liable for all current and past due registration fees, excise tax, transfer fees, and penalties and interest on such vehicle. |SECTION 218. AMENDATORY 63 O.S. 2021, Section 4022, is amended to read as follows: Section 4022. A. In addition to the registration fees required by Section 4021 of this title, when any such application for registration is made directly to the Commission Service Oklahoma or to any motor vehicle agent licensed operator , a One Dollar and twenty-five cents ($1.25) fee for each year the vessel or motor is registered shall be collected and apportioned as provided by the provisions of the Oklahoma Vessel and Motor Registration Act. B. 1. The charge for a copy of certificate of registration information is One Dollar ($1.00) for each instrument. 2. The charge for a certified copy of certificate of registration information is Two Dollars ($2.00) for each instrument. |SECTION 219. AMENDATORY 63 O.S. 2021, Section 4028, is amended to read as follows: Section 4028. All titling and registration fees, taxes and penalties collected by the Oklahoma Tax Commission Service Oklahoma pursuant to the provisions of Sections 4014 and 4021 of this title shall be apportioned as provided in Section 1104 of Title 47 of the Oklahoma Statutes. |SECTION 220. AMENDATORY 63 O.S. 2021, Section 4029, is amended to read as follows: Section 4029. A. If the Oklahoma Tax Commission Service Oklahoma shall determine at any time that an applicant for a certificate of title of or registration for a vessel or motor is not entitled thereto, it may refuse to issue such certificate or to register such vessel or motor. The Commission Service Oklahoma may for a similar reason, after ten (10) calendar days' notice and a hearing, revoke the certificate of title and registration already acquired. Said notice may be served in person or by registered mail. B. In addition, in every case where a vessel or motor has been titled or registered upon an application containing any false statement of a fact required in this section to be shown in an application for the title or registration thereof, the Commission Service Oklahoma shall give written notice of at least ten (10) calendar days to the owner of the vessel or motor and shall require the owner to appear before it for the purpose of showing cause why said title or registration should not be canceled. Unless satisfactory explanation is given by the owner concerning such false statement, the Commission Service Oklahoma shall cancel the title or registration. The owner of the vessel or motor shall then be required to immediately retitle or reregister the vessel or motor and pay the required fees. The owner shall not be entitled to refund or credit for the fees paid for titling and registration of the vessel or motor made under the application which contained any false statement of fact. C. The Commission Service Oklahoma shall insert in said application forms appropriate notice to the applicant that any false statement of a fact required to be shown in such application for title or registration subjects the applicant to prosecution. |SECTION 221. AMENDATORY 63 O.S. 2021, Section 4030, is amended to read as follows: Section 4030. A. 1. The Oklahoma Tax Commission Service Oklahoma shall, and each federally recognized Indian tribe of this state may, develop and implement a permanent number system for vessels which is consistent with United States Coast Guard statutes and regulations. The system shall be effective upon the effective date of this act. 2. Except as otherwise provided by this section, every vessel on the waters of this state shall display the permanent number assigned to it by the Tax Commission Service Oklahoma or by a federally recognized Indian tribe of this state, which number shall not be obliterated, erased, mutilated, removed or missing. 3. In order to ensure that: a. a permanent number issued by a federally recognized Indian tribe of this state conforms to federal statutory and regulatory requirements of the United States Coast Guard, and b. the rights prescribed in paragraph 2 of this subsection are extended to every federally recognized Indian tribe of this state, every vessel on the waters of this state assigned a permanent number by a federally recognized Indian tribe of this state which issues permanent numbers shall be recorded and maintained by the Tax Commission Service Oklahoma in the same manner as the Tax Commission Service Oklahoma records and maintains the permanent number of vessels on the waters of this state which are assigned by the Tax Commission Service Oklahoma . B. The vessels authorized to display a number other than that required by the provisions of the Oklahoma Vessel and Motor Registration Act are: 1. A documented vessel, provided that such vessel is currently registered, is displaying both current registration decals, and the name, hailing port and official federal documentation number assigned to it are displayed on the vessel according to federal law or federal rules and regulations; 2. A vessel from a country other than the United States temporarily using the waters of this state; 3. A vessel from another state owned by an out-of-state resident using the waters of this state; 4. A vessel whose owner is the United States, a state or a subdivision thereof; provided, however, if such vessel is used for recreational or rental purposes on the public waters of this state, that vessel shall display the permanent number assigned to it by the Tax Commission Service Oklahoma ; 5. A vessel that is used exclusively and solely for racing purposes; 6. A vessel that is used exclusively and solely as a lifeboat; and 7. A commercial flotation device which is assigned a permit by the Scenic Rivers Commission pursuant to the provisions of Sections 1461 et seq. of Title 82 of the Oklahoma Statutes. C. Except as otherwise provided for in this section, every vessel and every outboard motor on the waters of this state shall display the current registration decals or decal assigned to it by the Tax Commission Service Oklahoma . The outboard motor registration decal shall be affixed to the upper portion of the motor cowling in such a manner that approximately one-half (1/2) of the decal is displayed on the left side of the motor cowling extending toward the rear of the motor cowling. Vessel registration decals shall be: 1. Affixed on each side of the forward half of the vessel; and 2. In line with and within six (6) inches aft of the permanent number. D. The owner of any vessel issued a permanent number pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title, shall place on or attach to the vessel the permanent number in such manner that it may be clearly visible. The permanent number shall: 1. Be maintained in legible condition; 2. Be painted, applied as a decal, or otherwise affixed to each side of the forward half of the vessel in contrasting color to the background, as high above the waterline as is practical; 3. Read from left to right; 4. Be comprised of numbers and letters printed in block style of at least three (3) inches in height and one-half (1/2) inch in stroke width; and 5. Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings. No other similar numbers shall be displayed on either side of the forward half of the vessel. E. The provisions of this section shall not apply to sailboards or fishing tubes. F. The Tax Commission Service Oklahoma shall adopt rules for the placement of the registration decal in an alternate location for antique boats. In this subsection, "antique boat" means a boat that: 1. Is used primarily for recreational purposes; and 2. Was manufactured before 1968. Such rules shall allow vessels registered as antique boats to display the registration decal on the left portion of the windshield. In the absence of a windshield, the rules shall allow operators of antique boats to attach the registration decal to the certificate of registration and make such decal and certificate available for inspection when the boat is operated on public water. |SECTION 222. AMENDATORY 63 O.S. 2021, Section 4032, is amended to read as follows: Section 4032. A. It shall be unlawful for any person to: 1. Lend or to sell to, or knowingly permit the use of by one not entitled thereto, any certificate of title or registration issued to or in the custody of the person so lending or permitting the use thereof; 2. Alter or in any manner change a certificate of title or registration certificate issued under the laws of this or any other state; 3. Procure from another state or country or display upon any vessel owned by the person within this state, except as otherwise provided by the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title, any number issued by any state or country other than this state, unless there shall be displayed upon such vessel at all times the permanent number assigned to it by the Commission Service Oklahoma ; 4. Buy, sell or dispose of, or have in the person's possession for sale, use or storage, any secondhand or used vessel or motor on which the registration fee has not been paid, as required by law, and on which vessel or motor said person neglects, fails or refuses to display at all times the permanent number assigned to it; 5. Register a vessel or motor on an assigned certificate of title. This particular paragraph shall be applicable to all persons except bona fide dealers who are holders of current and valid dealers' licenses; 6. Operate a vessel or motor upon the waters of this state after the registration deadline for that vessel or motor without a proper title and registration, as prescribed by the Oklahoma Vessel and Motor Registration Act, for the current year; 7. Release a certificate of title or excise tax receipt to any unauthorized person or source, including any dealer. Violation of this paragraph shall constitute sufficient grounds for discharge of a motor license agent licensed operator by the Commission Service Oklahoma ; 8. Alter or in any manner change a permanent number issued for a vessel under the laws of this state or any other state; or 9. Offer for sale any used vessel, used motor, or any used vessel or motor part if the vessel, motor, or part: a. is not currently registered, if required, b. has had the hull identification number or serial number removed, c. has a hull identification number or serial number which does not match the number listed on the current title or registration, or d. appears, is suspected, or is known to be stolen. Anyone violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Fifty Dollars ($50.00) for each such violation. B. Any owner who knowingly makes or causes to be made any false statement of a fact required in this section to be shown in an application for the title or registration of one or more vessels or motors shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00), or shall be imprisoned in the county jail for not more than one (1) year, or both such fine and imprisonment. C. A violation of this section and any of the provisions of Sections 4002 through 4031 of this title where a specific penalty has not been imposed shall constitute a misdemeanor and upon conviction thereof the person having violated it shall be fined not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00). D. In addition thereto, it is specifically provided that any person stating or giving or causing to be stated or given any false information as to the location of any vessel or motor shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. |SECTION 223. AMENDATORY 63 O.S. 2021, Section 4033, is amended to read as follows: Section 4033. A. It shall be unlawful for any person to engage in the business of selling, or to serve in the capacity of, or act as a dealer of new or used vessels, or motors, or new and used vessels, and motors or any combination thereof in this state without first obtaining a license therefor as provided for by the Oklahoma Vessel and Motor Registration Act. Any person having more than one location where such business is carried on or conducted shall be required to obtain and hold a current license for each such location. B. 1. Dealer licenses issued pursuant to this section shall be issued only to persons that prove to the satisfaction of the Oklahoma Tax Commission Service Oklahoma that they are clearly recognizable as bona fide dealers. Proof of bona fide dealer status shall include, but need not be limited to, the following: a. Maintenance maintenance of a display area capable of regularly displaying at least three vessels or motors, or a minimum of one thousand two hundred (1,200) square feet, indoors or outdoors, b. Annual annual sales of substantial numbers of new or used vessels or motors. "Substantial sales" normally means sale of five or more vessels or motors unless the applicant can show unusual circumstances justifying lesser sales, c. Consistent consistent identification of the business as a dealer or mercantile establishment in advertising, signs, telephone book listings, and the like. The dealership must be clearly identifiable as such by any person who visits or deals with it, d. Location location of dealership in areas where zoning permits such sales and commercial operations, e. Regular regular hours of operation from May 1 to September 1, inclusive, at least five (5) days per week, and f. a picture, upon application for a new license, of the business location which includes the selling lot and the office and business sign. 2. The Oklahoma Tax Commission Service Oklahoma shall issue a license to sell new vessels or motors only to those persons having a dealer agreement to sell new vessels or new motors in this state. C. 1. Applications for licenses required to be obtained pursuant to the provisions of this section shall be verified by the oath or affirmation of the applicant and shall be on forms prescribed by the Commission Service Oklahoma and furnished to such applicants, and shall contain such information as the Commission Service Oklahoma deems necessary to enable it to fully determine the qualifications and eligibility of the applicant to receive the license requested. The Commission Service Oklahoma shall require in such application, or otherwise, information relating to: a. the applicant's financial standing, b. the applicant's business integrity, c. whether the applicant has an established place of business and is primarily engaged in the pursuit, avocation or business for which a license or licenses have been requested, d. whether the applicant is able to properly conduct the business for which a license or licenses have been requested, and e. such other pertinent information consistent with the safeguarding of the public interest and the public welfare. All such applications for license or licenses shall be accompanied by the appropriate fee or fees therefor in accordance with the schedule set out in Section 4034 of this title. 2. In the event any such application is denied and the license for which requested is not issued, the entire license fee shall be returned to the applicant. 3. All licenses issued under the provisions of the Oklahoma Vessel and Motor Registration Act shall expire on December 31 following the date of issue and shall be nontransferable. All applications for renewal of a license issued pursuant to the provisions of this section shall be submitted by December 1 of each year, and such license will be issued by January 1. If applications have not been made for renewal of licenses by December 31 of each year it shall be illegal for any person to sell or to serve in the capacity or act as a dealer. If after January 31 of each year the license has not been renewed or the renewal paid, then such licensee shall be required to apply for a license as a new applicant. Motor vehicle license agents will be notified not to accept such dealers' titles until such time as licenses have been issued by the Commission Service Oklahoma . Provided, however, such dealers may transfer titles to vessels or motors purchased for resale prior to the expiration of their license. Such dealer shall provide the purchaser with a copy of the invoice showing purchase of the vessel or motor prior to the expiration of the dealer's license. Such transfers shall only be allowed within two (2) years of the license expiration. D. Application for a dealer's license must show that such dealer has not violated any of the provisions of this section. E. The Oklahoma Tax Commission Service Oklahoma may require every person licensed as a dealer, pursuant to the provisions of this subsection, to make a report to the Commission Service Oklahoma within a period of seven (7) days after the transfer by such person of the legal ownership of every vessel or motor upon a form prescribed and furnished by the Commission Service Oklahoma , showing the name and address of the purchaser, a description of the vessel or motor, including but not limited to the make, model, year made, permanent vessel number or motor number, as the case might be, the date of the transfer and such other information as the Commission may require, and containing a certificate signed by the seller that the purchaser was given notice at the time of the sale or transfer that the purchaser is required by law to obtain a certificate of title for such vessel or motor from the Commission Service Oklahoma within thirty (30) calendar days after such sale or transfer. The Commission Service Oklahoma may cancel or suspend, in the manner provided by law, the license of any person licensed as a dealer pursuant to the provisions of this section who fails or refuses to comply with the provisions of this section. Dealers failing to comply with provisions of this section shall be responsible for all taxes due on such sales or on such vessels or motors. F. The license of each dealer shall be posted in a conspicuous place in the dealer's place or places of business. G. 1. A new dealer's license authorizes a dealer to transfer, purchase and sell new and used vessels and motors. 2. A used dealer's license authorizes a dealer to transfer, purchase and sell used vessels and motors. 3. A new dealer's license or a used dealer's license authorizes a dealer to transfer and assign titles and purchase new and used vessels and motors without paying excise tax. H. Any dealer agreement executed or renewed on and after the effective date of this act shall comply with the provisions of the Oklahoma Vessel and Motor Registration Act. |SECTION 224. AMENDATORY 63 O.S. 2021, Section 4034, is amended to read as follows: Section 4034. The schedule of license fees to be charged and received by the Oklahoma Tax Commission Service Oklahoma for the licenses issued pursuant to Section 4033 of this title shall be as follows: 1. For the license issued initially to each dealer of new vessels or new motors, the fee shall be Two Hundred Dollars ($200.00) per location licensed. In addition to the license fee, a Ten Dollar ($10.00) fee per dealer agreement for each such vessel or motor sold at each location licensed shall be charged. The annual renewal fee shall be One Hundred Dollars ($100.00) per location per year. Any changes in the make of vessels or motors sold at any location licensed shall be specified in the renewal application. A fee of Ten Dollars ($10.00) per location shall be charged for such additional dealer agreement for each such vessel or motor sold; and 2. For the license issued initially to each dealer of used vessels or motors, the fee shall be Fifty Dollars ($50.00) per each location licensed with an annual renewal fee of Fifty Dollars ($50.00) per location per year. |SECTION 225. AMENDATORY 63 O.S. 2021, Section 4035, is amended to read as follows: Section 4035. A. Upon issuance of a license to sell new vessels or new motors, there shall be assigned and issued to such dealer three demonstration permits for vessels, three demonstration permits for motors, or three demonstration permits for each such class the dealer has been authorized to sell. Such permits shall be displayed upon each vessel or motor owned by the dealer when the vessel or motor is driven or displayed on any water of this state. No such demonstration permit issued to any dealer shall be used or displayed upon any secondhand or used vessel or motor, or upon any new vessel or motor which is for private use, or for hire. Any dealer or agent thereof for purposes of demonstrating a vessel or motor for a sale, or any other person, with consent of the dealer, while contemplating purchase, may operate a new vessel or motor with the dealer's demonstration permit affixed so long as this intent is limited to a consecutive seventy-two-hour period, or a weekend. For the purposes of this subsection, "driven or displayed on any water of this state" does not include the use of a vessel or motor for participation in a contest. B. Each dealer of new and used vessels or motors, shall keep a record of the purchase and sale of each vessel or motor he buys or sells, which shall show the name of the seller or buyer as the case may be, and a complete description of the vessel or motor purchased or sold, and such other information as the Commission Service Oklahoma may prescribe. |SECTION 226. AMENDATORY 63 O.S. 2021, Section 4037.1, is amended to read as follows: Section 4037.1 In the event that a dealer seeks to establish a new vessel or new motor dealership or relocate an existing vessel or motor dealership within or into a relevant market area where the same product line is then represented, the dealer shall notify the Tax Commission Service Oklahoma and each new vessel or new motor dealer of such product line in the relevant market area of the intention to establish or relocate a dealership within or into that market area. The relevant market area is the area within a radius of fifteen (15) miles of the site of the proposed new vessel or new motor dealership. Within fifteen (15) days of receiving such notice such new vessel or new motor dealer may file with the Commission Service Oklahoma a protest to the establishing or relocating of the proposed new vessel or new motor dealership. When such a protest is filed, the Commission Service Oklahoma shall inform the dealer that a timely protest has been filed, and that the dealer shall not establish or relocate the proposed new vessel or new motor dealership until the Commission Service Oklahoma has held a hearing, nor thereafter, if the Commission Service Oklahoma has determined that there is good cause for not permitting such new vessel or new motor dealership. The manufacturer or factory representative of the same product line may obtain a waiver of protest from each new vessel or new motor dealer of the same product line within that relevant market area. If a waiver of protest from each dealer within the relevant market area is not attached to the application for the new dealer seeking to establish, the Commission Service Oklahoma shall render a final decision no later than sixty (60) days after the Commission's Service Oklahoma's receipt of the notice of protest. In any hearing held pursuant to this section on additional dealerships or relocation of dealerships the new dealer or existing dealer relocating shall have the burden of proof. For the purposes of this section, the reopening in a relevant market area of a new vessel or new motor dealership that has not been in operation for two (2) years or more shall be deemed the establishment of a new vessel or new motor dealership. For the purpose of this section, the designation of an additional location in an existing dealership agreement shall be deemed to be the establishment of a new vessel or new motor dealership. |SECTION 227. AMENDATORY 63 O.S. 2021, Section 4037.2, is amended to read as follows: Section 4037.2 In determining whether good cause has been established for not entering into or relocating an additional dealership for the same product line, the Tax Commission Service Oklahoma shall take into consideration the existing circumstances, including, but not limited to: 1. Permanency of the investment of the proposed dealership; 2. Effect on the retail new vessel or new motor business and the consuming public in the relevant market area; 3. Whether it is injurious to the public welfare for an additional new vessel or new motor dealership to be established; 4. Whether the new vessel or new motor dealers of the same line-make in that relevant market area are providing adequate competition and convenient consumer care for the new vessel or new motor and service facilities, equipment, supply of new vessel or new motor parts, and qualified service personnel; and 5. Whether the establishment of an additional new vessel or new motor dealership would increase competition, and therefore be in the public interest. |SECTION 228. AMENDATORY 63 O.S. 2021, Section 4041, is amended to read as follows: Section 4041. The Oklahoma Tax Commission Service Oklahoma may deny an application for a license, or revoke or suspend a license or impose a fine not to exceed Five Hundred Dollars ($500.00) against a dealer for each day that any provision of this section or Sections 4033 through 4040 of this title is violated or for any of the following reasons: 1. On satisfactory proof of unfitness of the applicant in any application for any license pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act; 2. For any material misstatement made by an applicant in any application for any license pursuant to the provisions of the Oklahoma Vessel and Motor Registration Act; 3. For any failure to comply with any provision of the Oklahoma Vessel and Motor Registration Act or any rule promulgated by the Commission Service Oklahoma under authority vested in it by the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of this title; 4. A change of condition after license is granted resulting in failure to maintain the qualifications for license; 5. Being a dealer who: a. has required a purchaser of a new vessel or motor, as a condition of sale and delivery thereof, to also purchase special features, appliances, accessories or equipment not desired or requested by the purchaser and installed by the dealer, b. uses any false or misleading advertising in connection with his business as such a dealer, c. has committed any unlawful act which resulted in the revocation of any similar license in another state, d. has failed or refused to perform any written agreement with any retail buyer involving the sale of a vessel or motor, e. has been convicted of a crime involving moral turpitude, f. has committed a fraudulent act in selling, purchasing, or otherwise dealing in vessels or motors or has misrepresented the terms and conditions of a sale, purchase, or contract for sale or purchase of a vessel or motor or any interest therein including an option to purchase such vessel or motor, or g. has failed to meet or maintain the conditions and requirements necessary to qualify for the issuance of a license; 6. Being a dealer who does not have an established place of business; 7. Being a new vessel or new motor dealer who: a. does not provide for a suitable repair shop separate from the display room with ample space to repair or recondition one or more vessels or motors at the same time, and which is equipped with such parts, tools and equipment as may be requisite for the servicing of vessels or motors in such a manner as to make them comply with the safety laws of this state and to properly fulfill the dealer's or manufacturer's warranty obligation. Provided that the provisions of this subparagraph shall not apply to: (1) mercantile establishments engaged in the selling of vessels and motors if: (a) such vessel and motor business does not constitute more than ten percent (10%) of the business of such establishment, (b) the vessels sold at such establishment are under fourteen (14) feet in length, and (c) the outboard motors sold at such establishment are under ten (10) horsepower, or (2) dealers which are engaged solely in the business of selling canoes. For the purposes of this subsection, "canoe" shall mean a vessel that is long relative to its width, that has curved sides and is tapered to two (2) pointed ends, or is tapered to one (1) pointed end and blunt on the other end, and is generally of traditional shape, b. does not hold a dealer agreement in effect with a manufacturer or distributor of new vessels or motors for the sale of the same and is not authorized by the manufacturer or distributor to render predelivery preparation of such vessels or motors sold to purchasers and to perform any authorized post-sale work pursuant to the manufacturer's or distributor's warranty, or c. does not properly service a new vessel or motor before delivery of same to the original purchaser thereof. |SECTION 229. AMENDATORY 63 O.S. 2021, Section 4042, is amended to read as follows: Section 4042. The Commission Service Oklahoma may deny any application for license, or suspend or revoke a license issued or impose a fine, only after a hearing of which the applicant, or licensee affected, shall be given at least ten (10) days' written notice specifying the reason for denying the applicant a license, or, in the case of a revocation or suspension or imposition of a fine, the offenses of which the licensee is charged. Such notices may be served as provided by law for the service of notices, or by mailing a copy by registered mail to the last-known residence or business address of such applicant or licensee. The hearing on such charges shall be at such time and place as the Commission Service Oklahoma may prescribe and the aforementioned notice shall further specify the time and place. The Commission Service Oklahoma shall have the power to compel the production of all records, papers and other documents which may be deemed relevant to the proceeding bearing upon the complaints. The Commission Service Oklahoma shall have the power to subpoena and bring before it any person, or take testimony of any such person by deposition, with the same fees and mileage and in the same manner as prescribed in proceedings before courts of the state in civil cases. Any party to such hearing shall have the right to the attendance of witnesses in his behalf upon designating to the Commission Service Oklahoma the person or persons sought to be subpoenaed. |SECTION 230. AMENDATORY 63 O.S. 2021, Section 4043, is amended to read as follows: Section 4043. The Commission Service Oklahoma is hereby authorized, without cost, bond or deposit, to institute injunctive actions in courts of competent jurisdiction, in the name of the State of Oklahoma on the relation of said Commission Service Oklahoma , to enforce the provisions of Sections 4033 through 4042 of this title. Any licensee or other person who violates or threatens to violate any provision of Sections 4033 through 4042 of this title or rule or regulation enacted thereunder or order of the Commission Service Oklahoma may be enjoined from so doing. |SECTION 231. AMENDATORY 63 O.S. 2021, Section 4044, is amended to read as follows: Section 4044. The Oklahoma Tax Commission Service Oklahoma shall issue permits for displays and sales of new vessels or motors which are held off the premises of a licensed dealer thereof as follows: 1. A promotion by an individual new vessel or motor dealer which is held off the premises of such dealer and at which sales activities are conducted may be held only under the following conditions: a. the dealer participates in an advertised vessel or motor show in which at least two other vessel or motor dealers are participating, b. application for a permit for a sales promotion by an individual dealer shall be made to the Commission Service Oklahoma at least seven (7) calendar days prior to such promotion, and such permit shall be issued by the Commission Service Oklahoma upon payment of a fee of Fifty Dollars ($50.00) per event, c. the permit shall be valid for a period not to exceed fourteen (14) consecutive days, and d. the Commission Service Oklahoma shall not issue a permit to a dealer if he has obtained a permit within the past forty-five (45) calendar days for the same location; 2. A dealer may not be denied a permit on the grounds that the sales promotion is to be held within the relevant market area of another dealer of the same product line; 3. A dealer who fails to obtain such a permit shall be subject to the penalties and fines provided for in Section 4041 of Title 63 of the Oklahoma Statutes. Provided, a permit shall not be required pursuant to the provisions of this section for a display or sale of new vessels or motors which is held off the premises of a licensed dealer if the display or sale is held within a twenty-five (25) mile radius of the location of the dealership; and 4. Prior to the completion of a sale at an off-premises location, the dealer shall be required to disclose in writing to any person purchasing a new vessel or motor the following information: a. that location of the dealership making the sale, and b. that other dealers may not be willing to do repair or warranty work on vessels not purchased at their dealership. Any salesperson working at an off-premises location shall not wear any identification or clothing indicating an affiliation with another retailer. |SECTION 232. AMENDATORY 63 O.S. 2021, Section 4103, is amended to read as follows: Section 4103. A. There is hereby levied an excise tax of three and one-fourth percent (3 1/4%) of the value of each vessel and motor upon the transfer of legal ownership of any such vessel or motor registered in this state and upon the use of any such vessel or motor registered in this state, and upon the use of any such vessel or motor registered for the first time in this state required to be registered pursuant to the Oklahoma Vessel and Motor Registration Act. The tax hereby levied shall be due at the time of the transfer of legal ownership or first registration in this state of such vessel or motor and shall be collected by the Oklahoma Tax Commission Service Oklahoma at the time of the issuance of a certificate of title for any such vessel or motor. The excise tax levied by the Oklahoma Vessel and Motor Excise Tax Act shall be delinquent from and after the thirtieth day after the legal ownership or possession of any vessel or motor is obtained. Any person failing or refusing to pay the tax as herein provided on or before the date of delinquency shall pay, in addition to the tax, a penalty of twenty-five cents ($0.25) per day for each day of delinquency, but such penalty shall in no event exceed the amount of the tax. B. The provisions of this section shall not apply to transfers made without consideration between husband and wife or parent and child. C. There shall be a credit allowed with respect to the excise tax paid for a new vessel or motor which is a replacement for: a. a new original vessel or motor which is stolen from the purchaser/registrant within ninety (90) days of the date of purchase of the original vessel or motor as certified by a police report or other documentation as required by the Commission Service Oklahoma , or b. a defective new original vessel or motor returned by the purchaser/registrant to the seller within six (6) months of the date of purchase of the defective new original vessel or motor as certified by the manufacturer. Said credit shall be in the amount of the excise tax which was paid for the new original vessel or motor and shall be applied to the excise tax due on the replacement vessel or motor. In no event will said credit be refunded. |SECTION 233. AMENDATORY 63 O.S. 2021, Section 4105, is amended to read as follows: Section 4105. A. The value of any vessel or motor for the purposes of the excise tax levied by Section 4103 of this title shall be determined as of the time the person applying for a certificate of title thereto obtained either legal ownership or possession of the vessel or motor which shall be the actual date of the sale or other transfer of legal ownership, which date shall be shown by the assignment on the certificate of title or, in the case of a new vessel or motor on the manufacturer's certificate or statement of origin hereby required, and by the application for registration, required to be furnished by the licensed dealer for use by the purchaser. The value of a new vessel or new motor for excise tax purposes shall be the manufacturer's price of such vessel or motor delivered at the factory. As used herein, the manufacturer's factory-delivered price shall represent the recommended retail selling price and shall not mean the wholesale price to a dealer. Further, for purposes of the Oklahoma Vessel and Motor Excise Tax Act, Section 4102 et seq. of this title, a new vessel or new motor used by a licensed dealer for demonstration purposes shall be considered a new vessel or new motor upon the first time sale and registration of such vessel or motor. The value of a used vessel or used motor shall be sixty-five percent (65%) of the manufacturer's price of such vessel or motor delivered at the factory for subsequent transfers for the first year and for the second year and sixty-five percent (65%) of the value of the previous year so fixed for each successive year for which such vessel or motor is registered and licensed in this or any other state, until such vessel or motor reaches a minimum value of Two Hundred Fifty Dollars ($250.00). B. The Commission Service Oklahoma shall have the authority in cases of dispute to determine the factory delivered price or price of any vessel or motor. C. In computing the excise tax, the fees collected shall be rounded to the nearest dollar. |SECTION 234. AMENDATORY 63 O.S. 2021, Section 4108, is amended to read as follows: Section 4108. A. In any case where the owner of a vessel or motor subject to the tax levied by the Oklahoma Vessel and Motor Excise Tax Act fails or refuses to pay the same, after proper demand therefor by an officer or agent of the Oklahoma Tax Commission Service Oklahoma , such officer or agent shall immediately report such failure to the Commission Service Oklahoma and shall, at the same time in case of failure to pay, seize and hold said vessel or motor, as provided by law in case of failure to pay the annual vessel or motor registration fee. B. The Commission Service Oklahoma shall, upon demand of the owner of the vessel or motor, accord a hearing to said owner as provided by law and enter its findings and order accordingly. If it is determined by the Commission Service Oklahoma that said tax is due and payable, then it shall issue its warrant, directly to the sheriff of the county, ordering and directing the sale of such vessel or motor according to the same procedure provided by law for the sale of vessels and motors for failure to pay the required registration fee. Such seizure and sale may, at the time, include both the registration fee due and the excise tax levied by the Oklahoma Vessel and Motor Excise Tax Act, together with all costs of an advertisement and sale. The sale shall be conducted in the manner provided by law for the sale of personal property under execution. |SECTION 235. AMENDATORY 63 O.S. 2021, Section 4204, is amended to read as follows: Section 4204. A. The provisions of the Oklahoma Boating Safety Regulation Act shall apply to the waters of this state under the jurisdiction of the Grand River Dam Authority, provided, the Department of Public Safety may have jurisdiction to administer and enforce the provisions of the Oklahoma Boating Safety Regulation Act upon waters of this state under the jurisdiction of the Grand River Dam Authority. The administration and enforcement of the Oklahoma Boating Safety Regulation Act upon the waters under the jurisdiction of the Grand River Dam Authority are vested in the Grand River Dam Authority. Said Authority, and its employees, shall, except as otherwise provided in this section, have the same authority with respect to the enforcement and administration of the Oklahoma Boating Safety Regulation Act upon such waters as are vested by the Oklahoma Boating Safety Regulation Act in the Department of Public Safety with respect to the other waters of this state. B. The Authority may be designated by the Oklahoma Tax Commission Service Oklahoma as a motor license agent to award numbers and issue certificates of title and registration for vessels and motors in accordance with the provisions of the Oklahoma Vessel and Motor Registration Act and with any rules and regulations of the said Oklahoma Tax Commission Service Oklahoma either from blocks of numbers and certificates assigned to said Authority by said Oklahoma Tax Commission Service Oklahoma or such other method as shall be prescribed by the Oklahoma Tax Commission Service Oklahoma . The Authority shall remit all fees collected by it pursuant to this section to the Oklahoma Tax Commission Service Oklahoma to be apportioned and deposited in accordance with the provisions of the Oklahoma Vessel and Motor Registration Act. |SECTION 236. AMENDATORY 68 O.S. 2021, Section 2101, is amended to read as follows: Section 2101. For the purpose of this article: 1. The term "motor vehicle" means and includes every automobile, truck, truck-tractor, all-terrain vehicle, utility vehicle or any motor bus or any self-propelled vehicle not operated or driven upon fixed rails or tracks or in the air or on water; 2. The term "vehicle" means and includes every device in, upon, or by which any person or property is, or may be, transported or drawn, excepting devices moved by human or animal power, when not used upon fixed rails or tracks, or in the air or on water; 3. The term "low-speed electrical vehicle" means and includes any four-wheeled electrical vehicle that is powered by an electric motor that draws current from rechargeable storage batteries or other sources of electrical current and whose top speed is greater than twenty (20) miles per hour but not greater than twenty-five (25) miles per hour and is manufactured in compliance with the National Highway Traffic Safety Administration standards for low- speed vehicles in 49 C.F.R. 571.500; 4. The term "automobile" means and includes every motor vehicle constructed and used solely for the transportation of persons for purposes other than for hire or compensation; 5. The term "motorcycle" means and includes every motor vehicle designed to travel on not more than three wheels other than an all- terrain vehicle; 6. The term "truck" means and includes every motor vehicle constructed or used for the transportation of property not falling within the definition of truck-tractor, trailer or semitrailer, as herein defined; 7. The term "truck-tractor" means and includes every motor vehicle of the truck type designed to draw or support the front end of a semitrailer; 8. The term "trailer" means and includes any vehicle designed to be drawn by a truck, tractor or a truck-tractor, but supported upon its own wheels; 9. The term "semitrailer" means and includes any vehicle designed to be attached to, and having its front end supported by a truck, tractor, or truck-tractor; 10. The term "motor bus" means and includes every motor vehicle constructed so as to carry persons, and which is used or rented to carry persons for compensation; 11. The term "manufactured home" means a residential dwelling built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and rules promulgated pursuant thereto and the rules promulgated by the Oklahoma Used Motor Vehicle and Parts Commission pursuant to Section 582 of Title 47 of the Oklahoma Statutes. Manufactured home shall not mean a park model recreational vehicle as defined in Section 1102 of Title 47 of the Oklahoma Statutes; 12. The term "farm tractor" means and includes any vehicle of tractor type owned and operated by the purchaser and used exclusively for agricultural purposes; 13. The term "all-terrain vehicle" means and includes every vehicle defined as an all-terrain vehicle in Section 1102 of Title 47 of the Oklahoma Statutes; 14. The terms "legal ownership" and "legally owned" mean the right to possession, whether acquired by purchase, barter, exchange, assignment, gift, operation of law, or in any other manner; 15. The term "person" means and includes natural persons, individuals, partnerships, firms, associations, limited liability companies, corporations, estates, trustees, business trusts, syndicates, this state, any county, city, municipality, school district or other political subdivision of the state, or any corporation or combination acting as a unit or any receiver appointed by any state or federal court; and the use of the singular number shall include the plural number; 16. The term "Tax Commission" means the Oklahoma Tax Commission; 17. The term "utility vehicle" means every vehicle defined as a utility vehicle in Section 1102 of Title 47 of the Oklahoma Statutes; and 18. 17. The term "medium-speed electrical vehicle" means any self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one (1) mile is more than thirty (30) miles per hour but not greater than thirty-five (35) miles per hour. |SECTION 237. AMENDATORY 68 O.S. 2021, Section 2103, is amended to read as follows: Section 2103. A. 1. Except as otherwise provided in Sections 2101 through 2108 of this title, there shall be levied an excise tax upon the transfer of legal ownership of any vehicle registered in this state and upon the use of any vehicle registered in this state and upon the use of any vehicle registered for the first time in this state. Except for persons that possess an agricultural exemption pursuant to Section 1358.1 of this title, the excise tax shall be levied upon transfers of legal ownership of all-terrain vehicles and motorcycles used exclusively off roads and highways which occur on or after July 1, 2005, and upon transfers of legal ownership of utility vehicles used exclusively off roads and highways which occur on or after July 1, 2008. The excise tax for new and used all-terrain vehicles, utility vehicles and motorcycles used exclusively off roads and highways shall be levied at four and one-half percent (4 1/2%) of the actual sales price of each new and used all-terrain vehicle and motorcycle used exclusively off roads and highways before any discounts or credits are given for a trade- in. Provided, the minimum excise tax assessment for such all- terrain vehicles, utility vehicles and motorcycles used exclusively off roads and highways shall be Five Dollars ($5.00). The excise tax for new vehicles shall be levied at three and one-fourth percent (3 1/4%) of the value of each new vehicle. The excise tax for used vehicles shall be as follows: a. from October 1, 2000, until June 30, 2001, Twenty Dollars ($20.00) on the first One Thousand Dollars ($1,000.00) or less of value of such vehicle, and three and one-fourth percent (3 1/4%) of the remaining value of such vehicle, b. for the year beginning July 1, 2001, and ending June 30, 2002, Twenty Dollars ($20.00) on the first One Thousand Two Hundred Fifty Dollars ($1,250.00) or less of value of such vehicle, and three and one-fourth percent (3 1/4%) of the remaining value of such vehicle, and c. for the year beginning July 1, 2002, and all subsequent years, Twenty Dollars ($20.00) on the first One Thousand Five Hundred Dollars ($1,500.00) or less of value of such vehicle, and three and one-fourth percent (3 1/4%) of the remaining value of such vehicle. 2. There shall be levied an excise tax of Ten Dollars ($10.00) for any: a. truck or truck-tractor registered under the provisions of subsection A of Section 1133 of Title 47 of the Oklahoma Statutes, for a laden weight or combined laden weight of fifty-five thousand (55,000) pounds or more, b. trailer or semitrailer registered under subsection C of Section 1133 of Title 47 of the Oklahoma Statutes, which is primarily designed to transport cargo over the highways of this state and generally recognized as such, and c. frac tank, as defined by Section 54 of Title 17 of the Oklahoma Statutes, and registered under subsection C of Section 1133 of Title 47 of the Oklahoma Statutes. Except for frac tanks, the excise tax levied pursuant to this paragraph shall not apply to special mobilized machinery, trailers, or semitrailers manufactured, modified or remanufactured for the purpose of providing services other than transporting cargo over the highways of this state. The excise tax levied pursuant to this paragraph shall also not apply to pickup trucks, vans, or sport utility vehicles. 3. The tax levied pursuant to this section shall be due at the time of the transfer of legal ownership or first registration in this state of such vehicle; provided, the tax shall not be due at the time of the issuance of a certificate of title for an all- terrain vehicle, utility vehicle or motorcycle used exclusively off roads and highways which is not required to be registered but which the owner chooses to register pursuant to the provisions of subsection B of Section 1115.3 of Title 47 of the Oklahoma Statutes, and shall be collected by the Oklahoma Tax Commission Service Oklahoma or the Corporation Commission, as applicable, or an appointed motor license agent licensed operator , at the time of the issuance of a certificate of title for any such vehicle. In the event an excise tax is collected on the transfer of legal ownership or use of the vehicle during any calendar year, then an additional excise tax must be collected upon all subsequent transfers of legal ownership. In computing the motor vehicle excise tax, the amount collected shall be rounded to the nearest dollar. The excise tax levied by this section shall be delinquent from and after the thirtieth day after the legal ownership or possession of any vehicle is obtained. Any person failing or refusing to pay the tax as herein provided on or before date of delinquency shall pay in addition to the tax a penalty of One Dollar ($1.00) per day for each day of delinquency, but such penalty shall in no event exceed the amount of the tax. Of each dollar penalty collected pursuant to this subsection: a. twenty-five cents ($0.25) shall be apportioned as provided in Section 1104 of this title, b. twenty-five cents ($0.25) shall be retained by the motor license agent licensed operator , and c. fifty cents ($0.50) shall be deposited in the General Revenue Fund for the fiscal year beginning on July 1, 2011, and for all subsequent fiscal years, shall be deposited in the State Highway Construction and Maintenance Fund. B. The excise tax levied in subsection A of this section and assessed on all commercial vehicles registered pursuant to Section 1120 of Title 47 of the Oklahoma Statutes and trailers and semitrailers registered under subsection C of Section 1133 of Title 47 of the Oklahoma Statutes to transport cargo over the highways of this state shall be in lieu of all sales and use taxes levied pursuant to the Sales Tax Code or the Use Tax Code. The transfer of legal ownership of any motor vehicle as used in this section and the Sales Tax Code and the Use Tax Code shall include the lease, lease purchase or lease finance agreement involving any truck in excess of eight thousand (8,000) pounds combined laden weight or any truck- tractor provided the vehicle is registered in Oklahoma pursuant to Section 1120 of Title 47 of the Oklahoma Statutes or any frac tank, trailer, semitrailer or open commercial vehicle registered pursuant to Section 1133 of Title 47 of the Oklahoma Statutes. The excise tax levied pursuant to this section shall not be subsequently collected at the end of the lease period if the lessee acquires complete legal title of the vehicle. C. The provisions of this section shall not apply to transfers made without consideration between: 1. Husband and wife; 2. Parent and child; or 3. An individual and an express trust which that individual or the spouse, child or parent of that individual has a right to revoke. D. 1. There shall be a credit allowed with respect to the excise tax paid for a new vehicle which is a replacement for: a. 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 the Tax Commission Service Oklahoma , or b. 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. 2. The credit allowed pursuant to paragraph 1 of this subsection shall be in the amount of the excise tax which was paid for the new original vehicle and shall be applied to the excise tax due on the replacement vehicle. In no event shall the credit be refunded. E. Despite any other definitions of the terms "new vehicle" and "used vehicle", to the contrary, contained in any other law, the term "new vehicle" as used in this section shall also include any vehicle of the latest manufactured model which is owned or acquired by a licensed used motor vehicle dealer which has not previously been registered in this state and upon which the motor vehicle excise tax as set forth in this section has not been paid. However, upon the sale or transfer by a licensed used motor vehicle dealer located in this state of any such vehicle which is the latest manufactured model, the vehicle shall be considered a used vehicle for purposes of determining excise tax. F. The provisions of this section shall not apply to state government entities. |SECTION 238. AMENDATORY 68 O.S. 2021, Section 2104, is amended to read as follows: Section 2104. A. The value of any motor vehicle, except a manufactured home, for the purposes of the excise tax levied by Section 2103 of this title, shall be determined as of the time the person applying for a certificate of title thereto obtained either ownership or possession of the vehicle, which shall be presumed to be the actual date of the sale or other transfer of ownership, and assignment of the certificate of title. B. The value of any vehicle, for purposes of the excise tax levied by Section 2103 of this title, shall be the actual sales price of such a vehicle before any discounts or credits are given for a trade-in. However, the value of the vehicle prior to the subtraction of such discounts or credits for a trade-in shall be required to be within twenty percent (20%) of the average retail price value of such vehicle as listed in the automotive reference material prescribed by the Oklahoma Tax Commission Service Oklahoma . The actual sales price of the vehicle, which total shall be the basis of the motor vehicle excise tax, as well as the number of tires on the vehicle and the tire rim diameters, shall be entered on the bill of sale furnished by the seller to the purchaser, or on such other form as may be prescribed by the Tax Commission Service Oklahoma . Upon receipt of the properly completed bill of sale or other form as prescribed by the Tax Commission Service Oklahoma , and the payment of all applicable taxes and fees, the Tax Commission Service Oklahoma or an appointed motor license agent licensed operator shall issue a vehicle certificate of title in accordance with the provisions of the Oklahoma Vehicle License and Registration Act. |SECTION 239. AMENDATORY 68 O.S. 2021, Section 2813, is amended to read as follows: Section 2813. A. On the first day of January of each year, the county assessor of the county in which a manufactured home is located shall list, assess and tax such manufactured home as required by the provisions of Section 2812 of this title and the Ad Valorem Tax Code. B. In addition to the other requirements prescribed by law for the listing and assessing of real property pursuant to the provisions of the Ad Valorem Tax Code, when listing the value of real property on which a manufactured home is located and owned by the person owning the manufactured home and when listing the value of the improvements thereon, the county assessor shall separately describe and identify the value of the manufactured home apart from other real property and the value of the other improvements thereon. The value of the real property, the manufactured home, and the other improvements shall be shown separately. C. Except as authorized by subsection E of this section, when a manufactured home is moved, or whenever title to a manufactured home is transferred, any county treasurer shall collect all ad valorem taxes due for the current calendar year and all delinquent taxes due and owing prior to the change of title or location and shall issue a receipt of taxes paid, which shall be a Form 936, and a tax payment decal. These transactions may be handled by mail or facsimile transmission at the option of the taxpayer, except for tax payments which shall be handled either by mail or in person. D. After issuance of a receipt of taxes paid and a decal pursuant to the provisions of subsection C of this section and after notification by the county treasurer of such payment, the county assessor of the county in which the manufactured home is located shall furnish to the county assessor of the county where the manufactured home is to be located, the following information: 1. The name of the owner of the manufactured home; 2. The serial number or identification number of the manufactured home; 3. The registration number given to the manufactured home by the Oklahoma Tax Commission Service Oklahoma ; 4. The address or legal description where the manufactured home is to be located; 5. The actual retail selling price of the manufactured home, excluding Oklahoma state taxes; and 6. Any other information necessary to enable the county assessor to list and assess the proper ad valorem taxes for the manufactured home for the following year. E. 1. When lawfully repossessing a manufactured home which has been listed and assessed as real property pursuant to the provisions of subsection A of Section 2812 of this title, a holder of a perfected security interest in the home is authorized to pay the ad valorem taxes for the full current year and any registration fees or ad valorem taxes which may be due for any prior year on the manufactured home based on the assessed value of the home pursuant to the provisions of subsection B of this section apart from other real property and the other improvements thereon. When lawfully repossessing a manufactured home which has been listed and assessed as personal property pursuant to the provisions of subsection B of Section 2812 of this title, a holder of a perfected security interest in the home is authorized to pay the ad valorem taxes for the full current year and any registration fees or ad valorem taxes which may be due for any prior years. The county treasurer shall issue a receipt of taxes paid to said holder and a decal showing the payment of such taxes. Such receipt shall be issued notwithstanding the existence of a tax sale certificate issued as a result of a tax sale to a purchaser of property upon which a manufactured home is located and for which the holder of a perfected security interest makes payment as authorized by this subsection. Such receipt shall be issued if the procedures prescribed by Section 3106 of this title are followed. If a tax sale certificate has been issued as required by law and the notice of sale contained the statement concerning the right of a secured party to repossess the manufactured home, the amount of taxes paid by the holder of the security interest shall be refunded to the holder of the tax sale certificate. The receipt shall be evidence of payment of the ad valorem taxes for purposes of obtaining a permit. The Department Service Oklahoma shall issue a permit immediately to the holder of a perfected security interest or licensed representative thereof, if the holder or representative is bonded by the state, to move the manufactured home to a secure location with a repossession affidavit. However, all excise taxes and ad valorem taxes due on such a manufactured home shall be required to be paid within thirty (30) days of the issuance of the permit. A certificate of title for a manufactured home shall not be issued pursuant to a repossession prior to the furnishing of proof satisfactory to the Oklahoma Tax Commission Service Oklahoma or motor license agent a licensed operator that all ad valorem taxes due have been paid. If the home is subject to registration pursuant to the provisions of the Oklahoma Vehicle License and Registration Act, the holder of a perfected security interest in a manufactured home may repossess the manufactured home and transport the manufactured home within the state for the purpose of securing the property after registering the manufactured home pursuant to the provisions of Section 1113 or 1117 of Title 47 of the Oklahoma Statutes. 2. The county assessor shall issue a special waiver and a commercial move affidavit for the second through the sixth day of the first month of the following year to allow a manufactured home which is used for commercial purposes to be moved during the first five (5) days in January without a Form 936 or a tax decal. All registration fees, excise taxes or ad valorem taxes due on the manufactured home shall be required to be paid within thirty (30) days of the issuance of the special waiver and commercial move affidavit. A business entity applying for a special waiver and a commercial move affidavit pursuant to this paragraph shall provide the county assessor with the information required by subsection B of Section 14-103D of Title 47 of the Oklahoma Statutes. No individual county assessor shall issue any business entity more than ten special waivers and commercial move affidavits in a calendar year. As used in this paragraph, "manufactured home used for commercial purposes" means a manufactured home owned by any lawfully recognized business entity the primary purpose of which is to provide temporary housing for the employees or contractors of such business entity. F. 1. The decal shall be affixed to the manufactured home license plate as evidence of the ad valorem tax paid and shall remain on the license plate, which shall be affixed to the exterior of the manufactured home, while the manufactured home is in transit. 2. It shall be a misdemeanor for any person to transport or cause to be transported a manufactured home without the decal affixed as required by this section or without a special waiver and affidavit as provided in subsection E of this section. 3. The decal issued pursuant to subsection C of this section shall be of such size, color, design and numbering as the Tax Commission Service Oklahoma may direct. The tax payment decals shall be made with reflectionized material so as to provide effective and dependable brighteners during the service period for which the tax payment decal is issued. The Tax Commission Service Oklahoma shall issue such tax payment decals to the various county treasurers of the state in order for a manufactured home owner or repossessor to move the manufactured home. |SECTION 240. AMENDATORY 68 O.S. 2021, Section 5302, is amended to read as follows: Section 5302. A. The in-lieu tax imposed in Section 5301 of this title shall be evidenced by a tax stamp affixed by said dealer to the Manufacturer's Certificate or Statement of Origin covering each new automobile, truck, travel trailer, manufactured home, recreational vehicle, motorcycle, vessel, watercraft, motorboat, or other boats and motor before the dealer executes the assignment on such Certificate of Origin transferring the ownership of such vehicle to the purchaser. The tax stamp shall be in the amount of Three Dollars and fifty cents ($3.50). B. It shall be unlawful for a licensed new vehicle, manufactured home, recreational vehicle, or motorboat and vessel dealer to sell or assign a Certificate of Origin to any new automobile, truck, travel trailer, manufactured home, recreational vehicle, motorcycle, vessel, watercraft, motorboat, or other boat or motor sold by the manufacturer of such vehicle to such dealer for delivery and registration in Oklahoma without his having first obtained and affixed to such Certificate of Origin a proper tax stamp as required by the provisions of this section, except to assign such Certificate of Origin to another authorized licensed dealer franchised to sell such new items of the same manufacturer. C. No new automobile, manufactured home, recreational vehicle, truck, travel trailer, motorcycle, vessel, watercraft, motorboat, or other boat or motor shall be registered and licensed by the Oklahoma Tax Commission Service Oklahoma or one of its motor license agents licensed operators unless the Manufacturer's Certificate or Statement of Origin covering such new vehicle, manufactured home, recreational vehicle, vessel, watercraft, motorboat, or other boat and motor shall have the tax stamp provided for in this section affixed on such Manufacturer's Certificate or Statement of Origin. |SECTION 241. AMENDATORY 74 O.S. 2021, Section 85.58H, is amended to read as follows: Section 85.58H A. Upon written certification by the Director of the Office of Management and Enterprise Services that errors and omissions liability insurance for motor license agents licensed operators and their employees is not reasonably available in the private market at competitive rates, after taking into account the administrative costs associated with such insurance, the Risk Management Administrator pursuant to Section 85.34 of this title may obtain or provide limited indemnity coverage for motor license agents licensed operators and the employees who are employed by such agents for any errors and omissions liability risks arising from the performance of their official duties pursuant to law. Any such certification by the Director of the Office of Management and Enterprise Services shall be effective for a period of two (2) years. Any such limited indemnity coverage shall be obtained or provided solely from funds available in the shared risk pool authorized by this section and subject to the limitations set out herein. The Risk Management Administrator shall establish liability limits for such errors and omissions coverage on an annual basis. Any such limits shall be based on the liquidity of the shared risk pool resulting from the annual payments made pursuant to subsection C of this section and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool. B. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program for such motor license agents licensed operators and employees of such agents licensed operators . Any limited indemnity coverage provided for errors and omissions pursuant to the provisions of this subsection shall only cover errors or omissions made by a motor license agent licensed operator or any employee of such agent licensed operator occurring after July 1, 1990. C. Except as otherwise provided in subsection G of this section, motor license agents licensed operators shall be required to make annual payments of Forty Dollars ($40.00) per motor license agent licensed operator and Forty Dollars ($40.00) per employee of the motor license agent licensed operator for such limited indemnity coverage. The Risk Management Administrator is authorized to assess an additional payment per year, not to exceed Forty Dollars ($40.00) per motor license agent licensed operator and per employee of such agent, if the shared risk pool resulting from the payment of the fees made pursuant to this subsection is not adequate to cover any liability incurred. D. Requests for the limited indemnity coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the motor license agents licensed operators . E. All fees collected in accordance with the provisions of this section shall be deposited in the Oklahoma Motor License Agent Licensed Operator Indemnity Fund. F. In providing risk management services for any motor license agent licensed operator or employee of such agent, it is the intention of the Legislature to provide limited indemnification of motor license agents licensed operators or employees of such agents for errors and omissions, solely to the extent of assets in the shared risk pool created by this section. The State of Oklahoma is not liable, directly or indirectly, for the errors and omissions of any motor license agent licensed operator or any employee of such agent licensed operator in the performance of official duties pursuant to law. The Risk Management Administrator shall determine the extent of indemnification for losses incurred by any such motor license agent licensed operator or employee of such agent licensed operator based upon the liquidity of the shared risk pool. G. The Risk Management Administrator is authorized to establish a system under which the extent of indemnity coverage may be extended or reduced based upon an increase or decrease in the amount of the payment required in subsection C of this section. Said system shall only be established when the liquidity of the shared risk pool is such that the system is feasible in the judgment of the Administrator. Upon establishment of such a system, a motor license agent licensed operator may elect to increase or decrease the amount of the payment required in subsection C of this section and correspondingly extend or reduce coverage for losses incurred by the motor license agent licensed operator or employee of such agent licensed operator . |SECTION 242. REPEALER 47 O.S. 2021, Section 1140.1, is hereby repealed. |SECTION 243. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval." Passed the House of Representatives the 27th day of April, 2022. Presiding Officer of the House of Representatives Passed the Senate the ____ day of __________, 2022. Presiding Officer of the Senate ENGROSSED SENATE BILL NO. 1605 By: Hall and Bullard of the Senate and Kerbs of the House [ motor license agents - Service Oklahoma as a division of Oklahoma Management and Enterprise Services - Director of Service Oklahoma - Service Oklahoma Operator Board - Licensed Operator Advisory Committee - repealer - codification - emergency

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Dell Kerbs (R)*,  Marty Quinn (R)*,  David Bullard (R),  Mike Osburn (R), 

Enacting clause restored (on 05/20/2022)

Official Document