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An Act
ENROLLED HOUSE
BILL NO. 1751 By: Kerbs of the House
and
Hall of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 1-168, which relates to the definition
of state; modifying definition; amending 47 O.S.
2021, Section 2-116, as amended by Section 34,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, Section
2-116), which relates to the giving of notice;
detailing notice to be given by Service Oklahoma;
amending 47 O.S. 2021, Section 6-101, as last amended
by Section 34, Chapter 452, O.S.L. 2024 (47 O.S.
Supp. 2024, Section 6-101), which relates to class
requirements for driver licenses; prohibiting the
holding of certain credentials; authorizing the
holding of two types of certain credentials until
certain expiration; requiring certain surrender of
credentials; amending 47 O.S. 2021, Section 6-105.3,
as last amended by Section 42, Chapter 452, O.S.L.
2024 (47 O.S. Supp. 2024, Section 6-105.3), which
relates to issuance of identification cards;
authorizing the holding of two types of certain
credentials until certain expiration; requiring
certain surrender of credentials; amending 47 O.S.
2021, Section 6-111, as last amended by Section 46,
Chapter 452, O.S.L. 2024 (47 O.S. Supp. 2024, Section
6-111), which relates to issuance of license or
identification card; modifying certain record-keeping
requirements; authorizing Service Oklahoma to
maintain certain discretion regarding driver licenses
and identification cards; amending 47 O.S. 2021,
Section 6-115, as amended by Section 55, Chapter 282,
O.S.L. 2022 (47 O.S. Supp. 2024, Section 6-115),
which relates to expiration of license; modifying
time frame for certain credential to be considered
valid form of identification; amending 47 O.S. 2021,
ENR. H. B. NO. 1751 Page 2
Section 6-116, as last amended by Section 18, Chapter
310, O.S.L. 2023 (47 O.S. Supp. 2024, Section 6-116),
which relates to change of name or address; modifying
requirements for certain application; amending 47
O.S. 2021, Section 6-122, as last amended by Section
8, Chapter 11, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 6-122), which relates to renewal or
replacement online or by mail; authorizing certain
renewal and replacement of identification cards;
amending 47 O.S. 2021, Section 6-124, as amended by
Section 63, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2024, Section 6-124), which relates to issuance of
driver license or identification card; modifying
location for certain notation; requiring design of
certain notation and emblem by certain date;
requiring certain proof to obtain emblem; amending 47
O.S. 2021, Section 6-211, as amended by Section 20,
Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2024, Section
6-211), which relates to right to appeal in court;
modifying certain timing provisions; modifying
contents of petition; providing certain hearing
requirements; stating final disposition does not need
to be completed in certain time frame; deleting
certain stay of appeal requirements; requiring
Service Oklahoma take no action if certain sworn
report is not received within time allotted; amending
47 O.S. 2021, Section 15-112, as amended by Section
98, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 15-112), which relates to physical disability
temporary placard; stating certain application and
information submitted to remain confidential and
shall not be released; making certain exceptions;
amending 47 O.S. 2021, Section 156, as last amended
by Section 53, Chapter 452, O.S.L. 2024 (47 O.S.
Supp. 2024, Section 156), which relates to
prohibiting the purchase of automobiles or buses with
public funds; authorizing Service Oklahoma to make
certain purchases; amending 47 O.S. 2021, Section
752, as amended by Section 22, Chapter 310, O.S.L.
2023 (47 O.S. Supp. 2024, Section 752), which relates
to the administration of tests; requiring certain
collections of blood and breath samples to be valid
and admissible as evidence; requiring samples of
blood to be considered valid and admissible as
evidence; stating requirements for collection;
ENR. H. B. NO. 1751 Page 3
amending 47 O.S. 2021, Section 759, as amended by
Section 1, Chapter 93, O.S.L. 2023 (47 O.S. Supp.
2024, Section 759), which relates to the Board of
Tests for Alcohol and Drug Influence; removing
language requiring certain collections of blood and
breath to be valid and admissible as evidence;
removing language requiring analysis of blood to be
considered valid and admissible as evidence; stating
requirements for collection; amending 47 O.S. 2021,
Section 1103, as amended by Section 9, Chapter 47,
1st Extraordinary Session, O.S.L. 2023 (47 O.S. Supp.
2024, Section 1103), which relates to certificates of
title; authorizing retention of certain fee; amending
47 O.S. 2021, Section 1105A, as last amended by
Section 66, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 1105A), which relates to program to
permit electronic filing, storage and delivery of
certificates of title; modifying type of verification
for the submission of certain documents; amending 47
O.S. 2021, Section 1106, as amended by Section 114,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, Section
1106), which relates to refusal or revocation of
title; authorizing Service Oklahoma to refuse to
issue certificate of title or register vehicle;
authorizing the revocation of certificate of title
and registration; modifying certain notice of hearing
requirements; requiring certain appearance; requiring
hearing adhere to certain act; authorizing the
promulgation of certain rules; amending 47 O.S. 2021,
Section 1104, as last amended by Section 1, Chapter
442, O.S.L. 2024 (47 O.S. Supp. 2024, Section 1104),
which relates to apportionment of fees; modifying
reference to certain collected monies; amending 47
O.S. 2021, Section 1137.1, as last amended by Section
11, Chapter 236, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 1137.1), which relates to used dealer
license, registration, and certificate of title;
modifying description of certain temporary license
plates; authorizing the display of certain temporary
license plates for two months; amending 47 O.S. 2021,
Section 1141.1, as last amended by Section 14,
Chapter 236, O.S.L. 2024 (47 O.S. Supp. 2024, Section
1141.1), which relates to retention of taxes and
fees; modifying statutory reference; authorizing
retention of certain collected fees; amending 47 O.S.
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2021, Section 1143, as amended by Section 180,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, Section
1143), which relates to compensation for licensed
operators; authorizing retention of certain fees;
amending 63 O.S. 2021, Section 4021, as amended by
Section 215, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2024, Section 4021), which relates to fee required
with application; modifying retention of certain
fees; amending 68 O.S. 2021, Section 2103, as amended
by Section 236, Chapter 282, O.S.L. 2022 (68 O.S.
Supp. 2024, Section 2103), which relates to tax on
transfer of legal ownership, use, and first
registration of vehicles; removing certain agency as
collector of fees; modifying the distribution of
certain collected penalties; repealing 47 O.S. 2021,
Sections 6-110.2 and 1113.3, which relate to
computerized finger imaging and the Oklahoma License
Plate Design Task Force; providing an effective date;
and declaring an emergency.
SUBJECT: Motor vehicles
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1-168, is
amended to read as follows:
Section 1-168. State.
A state, territory or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico or a province
or territory of the Dominion of Canada.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 2-116, as
amended by Section 34, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 2-116), is amended to read as follows:
Section 2-116. A. 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
ENR. H. B. NO. 1751 Page 5
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.
B. Whenever Service Oklahoma is authorized or required to give
any notice under this title, unless a different method of giving
such notice is otherwise expressly prescribed, such notice shall be
given by mailing such notice by United States mail, in an envelope
with first class postage prepaid, addressed to such person at the
address as shown by the records of Service Oklahoma. The giving of
notice by mail is complete upon the expiration of ten (10) days
after such mailing. Service Oklahoma may show proof of such mailing
by certificate of any officer or employee of Service Oklahoma 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 Service Oklahoma 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 3. AMENDATORY 47 O.S. 2021, Section 6-101, as
last amended by Section 34, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, 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.
ENR. H. B. NO. 1751 Page 6
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 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.
ENR. H. B. NO. 1751 Page 7
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 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 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. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
ENR. H. B. NO. 1751 Page 8
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 (1) year;
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 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 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
ENR. H. B. NO. 1751 Page 9
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 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 this state 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 this state 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 of 2005. 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 of 2005
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:
ENR. H. B. NO. 1751 Page 10
a. Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma or a licensed
operator provided such licensed operator is authorized
to process application for REAL ID Compliant Driver
Licenses and Identification Cards. Application for a
REAL ID Noncompliant Driver License or Identification
Card shall be made to Service Oklahoma.
b. Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of an original
REAL ID Compliant Driver License or Identification
Card application. Service Oklahoma employees shall
perform all document recognition and other
requirements needed for approval of a 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 licensed operator to receive
a temporary driver license or identification card.
d. The 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 Service Oklahoma or to a licensed operator;
ENR. H. B. NO. 1751 Page 11
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A 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. Service Oklahoma employees or authorized 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 Service
Oklahoma or an authorized 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 Service Oklahoma or to a licensed operator.
ENR. H. B. NO. 1751 Page 12
A 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. Service Oklahoma employees or 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 Service
Oklahoma or a 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
ENR. H. B. NO. 1751 Page 13
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
ENR. H. B. NO. 1751 Page 14
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 Learner 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;
ENR. H. B. NO. 1751 Page 15
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
computerized 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. 1. Through May 31, 2025, any person sixty-two (62) to
sixty-four (64) years of age 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
2. Any person sixty-five (65) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall not be charged a fee.
ENR. H. B. NO. 1751 Page 16
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, 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 Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
assume these duties in any county of this state. Each 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 through June 30, 2023.
Beginning July 1, 2022, and ending on June 30, 2023, each motor
license agent or licensed operator accepting applications for driver
licenses for individuals over the age of sixty-five (65) years or
for applications for drivers pursuant to subsection P of this
section shall receive Six Dollars ($6.00) for a 4-year driver
license or Twelve Dollars ($12.00) for an 8-year driver license to
be deducted daily by the motor license agent or licensed operator
receipts. Beginning July 1, 2023, these fees shall be retained by
the licensed operator pursuant to subsection E of Section 1141.1 of
ENR. H. B. NO. 1751 Page 17
this title. The fees received by the licensed operator, authorized
by this subsection, shall be used for operating expenses. The
amount retained pursuant to this subsection shall not be retained by
any state agency. The fees received by the licensed operator,
authorized by this subsection, shall be used for operating expenses.
For purposes of this subsection, "licensed operator" shall mean 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.
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
Oklahoma Law Enforcement Telecommunications 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. 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.
ENR. H. B. NO. 1751 Page 18
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 driver license or REAL ID
Compliant Identification Card identification card from Oklahoma or
any other state or territory. Service Oklahoma shall not issue a
REAL ID Compliant Driver License driver license to a person who has
been previously issued a REAL ID Compliant Driver License driver
license or REAL ID Compliant Identification Card identification card
until such license or identification card has been surrendered to
Service Oklahoma by the applicant. Provided, any person who holds
both a driver license and identification card from Oklahoma as of
November 1, 2025, may continue to possess both credentials until the
first expiration of either credential. At that time, the person
shall be allowed to retain, replace, or renew either the driver
license or identification card and shall surrender the second
credential to Service Oklahoma. Service Oklahoma may promulgate
rules related to the issuance of replacement REAL ID Compliant
Driver Licenses in the event of loss or theft.
U. Beginning May 24, 2021, and ending on June 30, 2023, in
addition to the amounts provided in subsection Q of this section, a
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 Service
Oklahoma.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 6-105.3, as
last amended by Section 42, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 6-105.3), is amended to read as follows:
Section 6-105.3. A. In addition to the licenses to operate
motor vehicles, Service Oklahoma may issue cards to Oklahoma
ENR. H. B. NO. 1751 Page 19
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. Provided, any person
who holds both a driver license and identification card from
Oklahoma as of November 1, 2025, may continue to possess both
credentials until the first expiration of either credential. At
that time, the person shall be allowed to retain, replace, or renew
either the driver license or identification card and shall surrender
the second credential to Service Oklahoma. 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 licensed operator or
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
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. Service Oklahoma shall allow the use of a certified copy of
a birth certificate coupled with a Department of Corrections-issued
ENR. H. B. NO. 1751 Page 20
consolidated record card to serve as a valid form of photo
identification documentation 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 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. 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 driver license or
REAL ID Compliant Identification Card identification card, as
defined in subsection G of Section 6-101 of this title. Service
Oklahoma shall not issue a REAL ID Compliant Identification Card an
identification card to any applicant who has been previously issued
a REAL ID Compliant Driver License driver license or REAL ID
Compliant Identification Card identification card unless such
license or identification card has been surrendered to the
Department Service Oklahoma by the applicant. Provided, any person
who holds both a driver license and identification card from
Oklahoma as of November 1, 2025, may continue to possess both
credentials until the first expiration of either credential. At
that time, the person shall be allowed to retain, replace, or renew
either the driver license or identification card and shall surrender
the second credential to Service Oklahoma. 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)
ENR. H. B. NO. 1751 Page 21
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
computerized 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
licensed operator that does process approved applications or
renewals for REAL ID Compliant and REAL ID Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator pursuant to subsection E of Section 1141.1 of this title.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Noncompliant Identification Card,
ENR. H. B. NO. 1751 Page 22
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 computerized 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 licensed
operator that does process approved applications or renewals for
REAL ID Compliant or REAL ID Noncompliant Driver Licenses or
Identification Cards shall be retained by the licensed operator
pursuant to subsection E of Section 1141.1 of this title.
F. The Oklahoma Tax Commission is hereby authorized to
reimburse, from funds available to that agency, each 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 through June 30, 2023.
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,
ENR. H. B. NO. 1751 Page 23
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.
H. Nothing in this section requires or authorizes the
Department of Public Safety to issue a REAL ID Noncompliant
Identification Card without the documentation required by the
provisions of paragraph 9 of subsection A of Section 6-103 of this
title.
SECTION 5. AMENDATORY 47 O.S. 2021, Section 6-111, as
last amended by Section 46, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 6-111), is amended to read as follows:
Section 6-111. A. 1. 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
Service Oklahoma rules and security features as determined by
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, 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 Service
Oklahoma on or after March 1, 2004, shall bear thereon the county of
residence of the licensee or cardholder.
3. 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.
ENR. H. B. NO. 1751 Page 24
4. 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,
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. Nothing in this section shall prohibit Service Oklahoma
from adopting, applying, adhering, or otherwise attaching decals,
stickers, labels, or other attachments to a driver license or
identification card.
6. 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. 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 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. 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.
ENR. H. B. NO. 1751 Page 25
C. 1. 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 have held a valid driver license for at
least one (1) year. Applicants with more than two (2) years of
driving experience shall have a good driving record for the most
recent two (2) year two-year period and shall meet all the
requirements for a commercial driver license. The restricted
commercial driver license shall not exceed the maximum total days
that federal law allows. Applicants for the restricted commercial
driver license shall be exempt from the knowledge and skills test.
Application of the restricted commercial driver license does not
have to be used in consecutive days. The use of the permit shall be
declared at application.
2. A "good driving record" as used in this subsection shall
mean an applicant:
a. has not had more than one license,
b. has not had any license suspended, revoked, or
canceled,
c. has not had any conviction for any type of
disqualifying offenses or serious traffic violations,
or
d. has not had any conviction for a violation of state or
local law relating to motor vehicle traffic control,
other than a parking violation, arising in connection
with any traffic accident and has no record of an
accident in which they are at fault.
3. 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
ENR. H. B. NO. 1751 Page 26
served. Such license shall be limited to Class B or C 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. Service Oklahoma may issue a non-domiciled commercial
learner permit or a non-domiciled commercial driver license.
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 Service Oklahoma rules. The
issued license shall be valid until the expiration of the visa for
the non-domiciled worker. Service Oklahoma may promulgate rules for
the implementation of the process to carry out the provisions of
this section.
E. 1. 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. 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 Service Oklahoma within one hundred eighty (180)
days from the date of the notice.
ENR. H. B. NO. 1751 Page 27
3. Upon surrendering the license or card for the reason set
forth in this subsection, application may be made with 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 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 Service Oklahoma to
submit his or her 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. 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.
ENR. H. B. NO. 1751 Page 28
SECTION 6. AMENDATORY 47 O.S. 2021, Section 6-115, as
amended by Section 55, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
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 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 three (3) years past the
ENR. H. B. NO. 1751 Page 29
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 Service Oklahoma or a 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 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 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. Service Oklahoma shall promulgate rules prescribing forms of
identification acceptable for the renewal of an Oklahoma driver
license.
SECTION 7. AMENDATORY 47 O.S. 2021, Section 6-116, as
last amended by Section 18, Chapter 310, O.S.L. 2023 (47 O.S. Supp.
2024, 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:
ENR. H. B. NO. 1751 Page 30
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. 2. Move from the person's previous county; or
4. 3. Change the name of a licensee by marriage or otherwise,
such person shall apply for a replacement of the driver license or
identification card with Service Oklahoma in accordance with the
provisions of Section 6-114 of this title within ten (10) days of
the change.
B. Service Oklahoma shall not:
1. Change a county of residence unless the person specifically
notifies 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 8. AMENDATORY 47 O.S. 2021, Section 6-122, as
last amended by Section 8, Chapter 11, O.S.L. 2024 (47 O.S. Supp.
2024, Section 6-122), is amended to read as follows:
Section 6-122. Service Oklahoma may develop procedures whereby
driver licenses and identification cards 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 driver license or identification card issued
pursuant to this section shall be valid for a period as prescribed
in Section 6-115 of this title of four (4) years from the last day
of the month of expiration of the current driver license or
identification card. Service Oklahoma shall not renew or replace a
driver license or identification card by mail or online unless there
has been an issuance, renewal or replacement driver license the
immediately preceding issuance, renewal, or replacement was done in
person by the applicant within the last sixteen (16) years.
Provided, any person or the spouse or dependent of a person:
ENR. H. B. NO. 1751 Page 31
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 Service Oklahoma
rules. A fourth consecutive renewal or replacement must be done in
person.
SECTION 9. AMENDATORY 47 O.S. 2021, Section 6-124, as
amended by Section 63, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 6-124), is amended to read as follows:
Section 6-124. A. As a way to honor and recognize the veterans
who have served our country, Service Oklahoma shall make space
available in the upper left-hand corner of a prominent location on
the front of the driver license and the identification card for a
flag emblem and the word "veteran" to be designed by Service
Oklahoma that will serve as a notation of veteran status. In
addition, no later than March 1, 2026, Service Oklahoma shall make
the same space available for a flag emblem and the words "veteran"
and "100%" to be designed by Service Oklahoma for persons who are a
one hundred percent (100%) disabled veteran as described in
subsection P of Section 6-101 of this title.
B. Upon application for issuance or renewal of the driver
license or identification card and in addition to other
documentation required by Service Oklahoma, persons requesting
either of the flag emblem emblems 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. Service Oklahoma shall promulgate any rule
necessary to implement the provisions of this section.
SECTION 10. AMENDATORY 47 O.S. 2021, Section 6-211, as
amended by Section 20, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2024,
Section 6-211), is amended to read as follows:
ENR. H. B. NO. 1751 Page 32
Section 6-211. A. Any person denied driving privileges, or
whose driving privilege has been canceled, denied, suspended or
revoked by 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 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 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
Service Oklahoma.
E. The petition shall must be filed within thirty (30) days
after the notice of revocation, pursuant to Section 753 or 754 of
this title, has been served upon mailed to the person by Service
Oklahoma pursuant to Section 2-116 of this title. The petition
shall contain a description of the facts and circumstances of the
underlying incident sufficient to determine the arresting law
enforcement agency and, the date of the incident, and the date of
receipt of the notice. It shall be the duty of the district court
to enter an order setting the matter for hearing not less than
thirty (30) days and not more than sixty (60) days from the date the
petition is filed. For the purposes of this section, the hearing
shall include, but is not limited to, a status hearing, scheduling
conference, and/or other examination of the merits of the petition.
Nothing in this section shall require that final disposition of the
ENR. H. B. NO. 1751 Page 33
matter is to be completed within sixty (60) days, so long as the
court has conducted a hearing as set forth above. A certified copy
of petition and the order for hearing shall be served forthwith by
the petitioner to the office of Service Oklahoma by certified mail
at 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 Service Oklahoma.
G. When the records of Service Oklahoma do not reflect receipt
of a sworn report of a law enforcement officer stating that the
officer had reasonable grounds to believe the petitioner had been
driving or was in actual physical control of a motor vehicle upon
the public roads, highways, streets, turnpikes, or other public
place of this state while under the influence of alcohol, any other
intoxicating substance, or the combined influence of alcohol and any
other intoxicating substance, the court shall, upon application by
Service Oklahoma, stay the appeal for one hundred eighty (180) days
from the date of the arrest as alleged in the petition, or until the
sworn report is received by Service Oklahoma. If the records of
Service Oklahoma do not reflect receipt of the sworn report
described in this subsection at the expiration of the stay, the
court shall enter an order directing Service Oklahoma to take no
action upon receipt of the sworn report related to the arrest as
described in the petition Service Oklahoma shall take no action on a
sworn report of a law enforcement officer not received by Service
Oklahoma after the expiration of one hundred eighty (180) days of
the arrest of the person. In no event shall a court award costs or
fees, including attorney fees, based upon the records of Service
Oklahoma that do not reflect the receipt of the sworn report as
described in this subsection.
H. The court shall take testimony and examine the facts and
circumstances, including all of the records on file in the office of
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 Service Oklahoma. In case the
court finds that the order was not justified, the court may sustain
the appeal, vacate the order of Service Oklahoma and direct that
ENR. H. B. NO. 1751 Page 34
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 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 Service Oklahoma,
except the cost of transcribing.
J. Upon Service Oklahoma's receipt of a petition challenging
Service Oklahoma's action against the driving privileges of any
person under this title, Service Oklahoma shall withhold taking the
action which is the subject of the appeal or stay the order which is
the subject of the appeal. During the pendency of the appeal,
Service Oklahoma shall grant or restore driving privileges to the
person if the person is otherwise eligible.
K. An appeal may be taken by the person or by 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 11. AMENDATORY 47 O.S. 2021, Section 15-112, as
amended by Section 98, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024,
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
ENR. H. B. NO. 1751 Page 35
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,
g. is certified legally blind, or is missing one or more
limbs.
B. Service Oklahoma shall issue a detachable placard indicating
physical disability to any person who submits an application on a
form furnished by 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.
ENR. H. B. NO. 1751 Page 36
C. Any placard issued by 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
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 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 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 Service
Oklahoma for a replacement placard, which 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
ENR. H. B. NO. 1751 Page 37
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. 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. All applications and information submitted in conjunction
with an application for a placard are confidential and Service
Oklahoma shall not be required to release to any person,
applications, or placard information, in whole or in part and in any
format, except as otherwise provided for in this subsection.
Information contained on the application, including personally
identifiable information, shall only be released for the following
purposes:
1. For use by a law enforcement agency in carrying out its
functions, specifically including parking enforcement; and
2. For use in connection with any civil, criminal, or
administrative proceeding in any federal, state, or local court or
agency.
H. 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 12. AMENDATORY 47 O.S. 2021, Section 156, as
last amended by Section 53, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 156), is amended to read as follows:
ENR. H. B. NO. 1751 Page 38
Section 156. A. Unless otherwise provided for by law, no state
board, commission, department, institution, official, or employee,
except the following, shall purchase any passenger automobile or bus
with public funds:
1. The Department of Public Safety;
2. The Department of Human Services;
3. The State Department of Rehabilitation Services;
4. The Department of Wildlife Conservation;
5. The Department of Corrections;
6. The State Department of Education;
7. The Oklahoma School of Science and Mathematics;
8. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control;
9. The Oklahoma State Bureau of Investigation;
10. The Transportation Commission;
11. The Oklahoma Department of Agriculture, Food, and Forestry;
12. The State Department of Health;
13. The Department of Mental Health and Substance Abuse
Services;
14. The J.D. McCarty Center for Children with Developmental
Disabilities;
15. The Military Department of the State of Oklahoma;
16. The Oklahoma Tourism and Recreation Department;
17. The Oklahoma Conservation Commission;
18. The Oklahoma Water Resources Board;
19. The Department of Mines;
ENR. H. B. NO. 1751 Page 39
20. The Office of Juvenile Affairs;
21. The Oklahoma Department of Veterans Affairs;
22. The Oklahoma Supreme Court;
23. The District Attorneys Council and Oklahoma district
attorneys, provided adequate funding exists;
24. The Oklahoma Boll Weevil Eradication Organization;
25. The Oklahoma Horse Racing Commission;
26. The Council on Law Enforcement Education and Training; and
27. The Office of the Attorney General; and
28. Service Oklahoma.
B. 1. The Oklahoma School for the Deaf at Sulphur, the
Oklahoma School for the Blind at Muskogee, and any state institution
of higher education may purchase, own, or keep if now owned, or
acquire by lease or gift, and use and maintain such station wagons,
automobiles, trucks, or buses as are reasonably necessary for the
implementation of the educational programs of said institutions.
2. No bus operated, owned, or used by such educational
institutions shall be permitted to carry any person other than
students, faculty members, employees, or volunteers of such
institutions. The provisions of this section shall not be construed
to prohibit:
a. the operation of intracampus buses or buses routed
directly between portions of the campus of any
institution not adjacent to each other, nor to
prohibit the collection of fares from such students,
faculty members, or employees of such institutions,
sufficient in amount to cover the reasonable cost of
such transportation, or
b. the Oklahoma School for the Blind or the Oklahoma
School for the Deaf from entering into agreements with
local public school districts pursuant to the
Interlocal Cooperation Act for the mutual use of the
ENR. H. B. NO. 1751 Page 40
schools' and the districts' vehicles. Such use may
include, but is not limited to, the transportation of
students from local school districts with students
from the Oklahoma School for the Blind or the Oklahoma
School for the Deaf in vehicles owned by the Oklahoma
School for the Blind or the Oklahoma School for the
Deaf when traveling to school-related activities.
C. The J.D. McCarty Center for Children with Developmental
Disabilities, the Oklahoma Department of Libraries, the Oklahoma
Department of Veterans Affairs, and the Oklahoma Veterans Centers
may own and maintain such passenger vehicles as those institutions
have acquired prior to May 1, 1981.
D. The use of station wagons, automobiles, and buses, other
than as provided for in this section, shall be permitted only upon
written request for such use by heads of departments of the
institution, approved in writing by the president of said
institution or by some administrative official of said institution
authorized by the president to grant said approval. Such use shall
be permitted only for official institutional business or activities
connected therewith. Such use shall be subject to the provisions of
Section 156.1 of this title forbidding personal use of such
vehicles, and to the penalties therein declared.
E. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor and shall be punished by
fine or imprisonment, or both, as provided for in Section 156.1 of
this title.
F. For the purpose of this section and Section 156.3 of this
title, a station wagon is classified as a passenger automobile and
may not be purchased solely for the use of transporting property.
Such vehicles shall include, but not be limited to, all vehicles
which have no separate luggage compartment or trunk but which do not
have open beds, whether the same are called station wagons, vans,
suburbans, town and country, blazers, or any other names. All state
boards, commissions, departments, and institutions may own and
maintain station wagons purchased solely for the purpose of
transporting property if acquired prior to July 1, 1985.
G. The provisions of this section and Section 156.1 of this
title shall not apply to public officials who are statewide elected
commissioners.
ENR. H. B. NO. 1751 Page 41
SECTION 13. AMENDATORY 47 O.S. 2021, Section 752, as
amended by Section 22, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2024,
Section 752), is amended to read as follows:
Section 752. A. Only a licensed medical doctor, licensed
osteopathic physician, licensed chiropractic physician, registered
nurse, licensed practical nurse, physician's assistant, certified by
any state's appropriate licensing authority, an employee of a
hospital or other health care facility authorized by the hospital or
health care facility to withdraw blood, or individuals licensed in
accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes
as an Intermediate Emergency Medical Technician, an Advanced
Emergency Medical Technician or a Paramedic, acting within the scope
of practice prescribed by their medical director, acting at the
request of a law enforcement officer may withdraw blood for the
purpose of having a determination made of its concentration of
alcohol or the presence or concentration of other intoxicating
substance. Only qualified persons authorized by the Board may
collect breath, saliva or urine, or administer tests of breath under
the provisions of this title.
B. If the person authorized to withdraw blood as specified in
subsection A of this section is presented with a written statement:
1. Authorizing blood withdrawal signed by the person whose
blood is to be withdrawn;
2. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has agreed to the withdrawal of
blood;
3. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has been placed under arrest and that
the officer has probable cause to believe that the person, while
intoxicated, has operated a motor vehicle in such manner as to have
caused the death or serious physical injury of another person, or
the person has been involved in a traffic accident and has been
removed from the scene of the accident that resulted in the death or
great bodily injury, as defined in subsection B of Section 646 of
Title 21 of the Oklahoma Statutes, of any person to a hospital or
other health care facility outside the State of Oklahoma before the
law enforcement officer was able to effect an arrest for such
offense; or
ENR. H. B. NO. 1751 Page 42
4. In the form of an order from a district court that blood be
withdrawn, the person authorized to withdraw the blood and the
hospital or other health care facility where the withdrawal occurs
may rely on such a statement or order as evidence that the person
has consented to or has been required to submit to the clinical
procedure and shall not require the person to sign any additional
consent or waiver form. In such a case, the person authorized to
perform the procedure, the employer of such person and the hospital
or other health care facility shall not be liable in any action
alleging lack of consent or lack of informed consent.
C. Collection of a person's blood, to be considered valid and
admissible in evidence, whether performed by or at the direction of
a law enforcement officer or at the request of the tested person,
shall have been performed by a person authorized to collect blood
pursuant to the provisions of subsection A of this section.
Analysis of a person's blood, to be considered valid and admissible
in evidence, whether performed by or at the direction of a law
enforcement officer or at the request of the tested person, shall
have been performed by a laboratory accredited in accordance with
ISO/IEC 17025 as defined in Section 150.37 of Title 74 of the
Oklahoma Statutes.
D. Collection of a person's breath, to be considered valid and
admissible in evidence:
1. Shall have been performed by an individual possessing a
valid permit issued by the Board of Tests for Alcohol and Drug
Influence for this purpose;
2. Shall have been performed on a breath alcohol measurement
device appearing on the most current conforming products list of
such devices published by the United States Department of
Transportation in the Federal Register, and utilizing a calibrating
unit appearing on the most current conforming products list of such
devices published by the United States Department of Transportation
in the Federal Register;
3. Shall have been performed on a device maintained by the
Board of Tests for Alcohol and Drug Influence; and
4. Shall have been performed in accordance with the operating
procedure prescribed by the State Director of Tests or the Board of
Tests for Alcohol and Drug Influence.
ENR. H. B. NO. 1751 Page 43
E. No person specified in subsection A of this section, no
employer of such person and no hospital or other health care
facility where blood is withdrawn shall incur any civil or criminal
liability as a result of the proper withdrawal of blood when acting
at the request of a law enforcement officer by the provisions of
Section 751 or 753 of this title, or when acting in reliance upon a
signed statement or court order as provided in this section, if the
act is performed in a reasonable manner according to generally
accepted clinical practice. No person specified in subsection A of
this section shall incur any civil or criminal liability as a result
of the proper collection of breath, saliva or urine when acting at
the request of a law enforcement officer under the provisions of
Section 751 or 753 of this title or when acting pursuant to a court
order.
D. F. The blood, breath, saliva or urine specimens obtained
shall be tested by the appropriate test as determined by the Board,
or tested by a laboratory that is exempt from the Board rules
pursuant to Section 759 of this title, to determine the alcohol
concentration thereof, or the presence or concentration of any other
intoxicating substance which might have affected the ability of the
person tested to operate a motor vehicle safely.
E. G. When blood is withdrawn for testing of its alcohol
concentration or other intoxicating substance presence or
concentration, at the request of a law enforcement officer, a
sufficient quantity of the same specimen shall be obtained to enable
the tested person, at his or her own option and expense, to have an
independent analysis made of such specimen. The excess blood
specimen shall be retained by a laboratory approved by the Board in
accordance with the rules and regulations of the Board or by a
laboratory that is exempt from the Board rules pursuant to Section
759 of this title, for sixty (60) days from the date of collection.
At any time within that period, the tested person or his or her
attorney may direct that such blood specimen be sent or delivered to
a laboratory of his or her own choosing and approved by the Board
for an independent analysis. Neither the tested person, nor any
agent of such person, shall have access to the additional blood
specimen prior to the completion of the independent analysis, except
the analyst performing the independent analysis and agents of the
analyst.
F. H. The costs of collecting blood specimens for the purpose
of determining the alcohol or other intoxicating substance thereof,
by or at the direction of a law enforcement officer, shall be borne
ENR. H. B. NO. 1751 Page 44
by the law enforcement agency employing such officer; provided, if
the person is convicted for any offense involving the operation of a
motor vehicle while under the influence of or while impaired by
alcohol or an intoxicating substance, or both, as a direct result of
the incident which caused the collection of blood specimens, an
amount equal to the costs shall become a part of the court costs of
the person and shall be collected by the court and remitted to the
law enforcement agency bearing the costs. The cost of collecting,
retaining and sending or delivering to an independent laboratory the
excess specimens of blood for independent analysis at the option of
the tested person shall also be borne by such law enforcement
agency. The cost of the independent analysis of such specimen of
blood shall be borne by the tested person at whose option such
analysis is performed. The tested person, or his or her agent,
shall make all necessary arrangements for the performance of such
independent analysis other than the forwarding or delivery of such
specimen.
G. I. Tests of blood or breath for the purpose of determining
the alcohol concentration thereof, and tests of blood for the
purpose of determining the presence or concentration of any other
intoxicating substance therein, under the provisions of this title,
whether administered by or at the direction of a law enforcement
officer or administered independently, at the option of the tested
person, on the excess specimen of such person's blood to be
considered valid and admissible in evidence under the provisions of
this title, shall have been administered in accordance with Section
759 of this title.
H. J. Any person who has been arrested for any offense arising
out of acts alleged to have been committed while the person was
operating or 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 who is not requested by a law enforcement officer to
submit to a test shall be entitled to have an independent test of
his or her blood for the purpose of determining its alcohol
concentration or the presence or concentration of any other
intoxicating substance therein, performed by a person of his or her
own choosing who is qualified as stipulated in this section. The
arrested person shall bear the responsibility for making all
necessary arrangements for the administration of such independent
test and for the independent analysis of any specimens obtained, and
bear all costs thereof. The failure or inability of the arrested
person to obtain an independent test shall not preclude the
ENR. H. B. NO. 1751 Page 45
admission of other competent evidence bearing upon the question of
whether such person was under the influence of alcohol, or any other
intoxicating substance or the combined influence of alcohol and any
other intoxicating substance.
I. K. Any agency or laboratory certified by the Board or any
agency or laboratory that is exempt from the Board rules pursuant to
Section 759 of this title, which analyses blood shall make available
a written report of the results of the test administered by or at
the direction of the law enforcement officer to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety;
3. The Director of Service Oklahoma; and
4. The Fatality Analysis Reporting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in this title shall be
admissible in all civil actions, including administrative hearings
regarding driving privileges.
SECTION 14. AMENDATORY 47 O.S. 2021, Section 759, as
amended by Section 1, Chapter 93, O.S.L. 2023 (47 O.S. Supp. 2024,
Section 759), is amended to read as follows:
Section 759. A. There is hereby re-created, to continue until
July 1, 2026, in accordance with the provisions of the Oklahoma
Sunset Law, the Board of Tests for Alcohol and Drug Influence to be
composed of the following members beginning July 1, 2015:
1. The Dean of the Oklahoma State University College of
Osteopathic Medicine, or a designee;
2. The Dean of the University of Oklahoma College of Medicine,
or a designee;
3. The Commissioner of Public Safety, or a designee;
4. The Director of the Oklahoma State Bureau of Investigation,
or a designee;
5. The State Commissioner of Health, or a designee;
ENR. H. B. NO. 1751 Page 46
6. The Director of the Council on Law Enforcement Education and
Training, or a designee;
7. One certified peace officer who is a member of a local law
enforcement agency selected by the Oklahoma Sheriffs and Peace
Officers Association; and
8. One person selected by the Oklahoma Association of Chiefs of
Police.
Members shall serve without pay other than reimbursement of
necessary and actual expenses as provided in the State Travel
Reimbursement Act. Each member shall receive an appointment in
writing which shall become a permanent part of the records of the
Board. The chair and vice-chair shall be elected from the
membership of the Board every two (2) years. The Board is
authorized to appoint a State Director of Tests for Alcohol and Drug
Influence and other employees, including, but not limited to,
persons to conduct training and provide administrative assistance as
necessary for the performance of its functions, subject to available
funding and authorized full-time equivalent employee limitations.
The Board may expend appropriated funds for purposes consistent with
Sections 751 through 761 of this title and Sections 301 through 308
of Title 3 of the Oklahoma Statutes. The Legislature shall
appropriate funds to the Department of Public Safety for the support
of the Board of Tests For Alcohol and Drug Influence and its
employees, if any. Upon the transfer of any employees from the
Alcohol Drug Countermeasures Unit of the Department of Public Safety
to the Board of Tests For Alcohol and Drug Influence on July 1,
2003, all funds of the Unit appropriated and budgeted shall be
transferred to the Board, and may be budgeted and expended to
support the functions and personnel of the Board.
B. Collection of a person's blood to be considered valid and
admissible in evidence, whether performed by or at the direction of
a law enforcement officer or at the request of the tested person,
shall have been performed by a person authorized to collect blood
pursuant to the provisions of Section 752 of this title. Analysis
of a person's blood to be considered valid and admissible in
evidence, whether performed by or at the direction of a law
enforcement officer or at the request of the tested person, shall
have been performed by a laboratory accredited in accordance with
ISO/IEC 17025 as defined in Section 150.37 of Title 74 of the
Oklahoma Statutes.
ENR. H. B. NO. 1751 Page 47
C. Collection of a person's breath, to be considered valid and
admissible in evidence:
1. Shall have been performed by an individual possessing a
valid permit issued by the Board of Tests for Alcohol and Drug
Influence for this purpose; and
2. Shall have been performed on a breath alcohol measurement
device appearing on the most current conforming products list of
such devices published by the U.S. Department of Transportation in
the Federal Register, and utilizing a calibrating unit appearing on
the most current conforming products list of such devices published
by the U.S. Department of Transportation in the Federal Register;
3. Shall have been performed on a device maintained by the
Board of Tests for Alcohol and Drug Influence; and
4. Shall have been performed in accordance with the operating
procedure prescribed by the State Director of Tests or the Board of
Tests for Alcohol and Drug Influence.
D. The Board is authorized to prescribe uniform standards and
conditions for, and to approve satisfactory methods, procedures,
techniques, devices, equipment and records for, tests and analyses
and to prescribe and approve the requisite education and training
for the performance of tests or analyses of breath to determine the
breath alcohol concentration. The Board shall establish standards
for and ascertain the qualifications and competence of individuals
to administer tests and analyses of breath to determine the breath
alcohol concentration, and to issue permits to individuals which
shall be subject to suspension or revocation at the discretion of
the Board. The Board is authorized to prescribe uniform standards,
conditions, methods, procedures, techniques, devices, equipment and
records for the collection, handling, retention, storage,
preservation and delivery of specimens of blood, breath, saliva and
urine obtained for the purpose of determining the alcohol
concentration thereof or the presence or concentration of any other
intoxicating substance therein. The Board may take such other
actions as may be reasonably necessary or appropriate to effectuate
the purposes of Sections 751 through 761 of this title and Sections
301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,
amend and repeal such other rules consistent with this chapter as
the Board shall determine proper. The Board is authorized to
ENR. H. B. NO. 1751 Page 48
delegate authority granted in this section to the State Director of
Tests as it deems appropriate.
E. C. The Board shall promulgate rules adopting uniform
standards and conditions and rules approving devices, equipment,
methods, procedures, techniques, and records for screening tests
administered for the purpose of determining the presence or
concentration of alcohol or any other intoxicating substance in a
person's blood, breath, saliva or urine. Such screening tests shall
be performed in compliance with the rules adopted by the Board of
Tests for Alcohol and Drug Influence. For purposes of this
subsection, "screening test" means the use of devices, equipment,
methods, procedures, techniques and records by law enforcement
officers at roadside to assist in the development of probable cause.
F. D. The Board may set rules and charge appropriate fees for
operations incidental to its required duties and responsibilities.
G. E. There is hereby created in the State Treasury a revolving
fund for the Board of Tests for Alcohol and Drug Influence to be
designated the "Board of Tests for Alcohol and Drug Influence
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of monies received
pursuant to the provisions of subsection F D of this section and any
funds previously deposited in the Board of Tests for Alcohol and
Drug Influence Revolving Fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Board of Tests for Alcohol and Drug Influence for operating
expenses of the Board. Expenditures from the funds 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 15. AMENDATORY 47 O.S. 2021, Section 1103, as
amended by Section 9, Chapter 47, 1st Extraordinary Session, O.S.L.
2023 (47 O.S. Supp. 2024, Section 1103), is amended to read as
follows:
Section 1103. A. It is the intent of the Legislature that the
owner or owners of every vehicle in this state shall possess a
certificate of title as proof of ownership and that every vehicle
shall be registered in the name of the owner or owners thereof. All
registration and license fees and mileage taxes imposed by the
Oklahoma Vehicle License and Registration Act shall be for the
purpose of providing funds for the general governmental functions of
ENR. H. B. NO. 1751 Page 49
the state, counties, municipalities and schools and for the
maintenance and upkeep of the avenues of public access of this
state. Such registration and license fees shall apply to every
vehicle operated upon, over, along or across any avenue of public
access within this state and when paid in full, shall be in lieu of
all other taxes, general and local, unless otherwise specifically
provided.
B. Unless otherwise provided, all fees to be retained by the
licensed operator pursuant to the Oklahoma Vehicle License and
Registration Act, shall be retained by the licensed operator
pursuant to subsection E of Section 1141.1 of this title.
1. This section shall apply to subsection H of Section 1105,
Section 1115, 1132, 1132.1, 1132.4, 1135.1, 1135.2, 1135.3,
subsection H of Section 1140, and Section 1151 of this title, and
Section 2103 of Title 68 of the Oklahoma Statutes, beginning July 1,
2023. Except that the five-dollar fee for the license plate issued
pursuant to paragraph 31 of subsection B of Section 1135.2 of this
title shall be retained by the licensed operator.
2. This section shall apply to subsections G, L, M, N, and R of
Section 1105, Sections 1107.4, 1110, 1116, 1126, 1135.4, 1135.7,
1135.9, and 1143 of this title, and Section 4021 of Title 63 of the
Oklahoma Statutes, beginning July 1, 2025.
SECTION 16. AMENDATORY 47 O.S. 2021, Section 1105A, as
last amended by Section 66, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 1105A), is amended to read as follows:
Section 1105A. A. On or before July 1, 2023, Service Oklahoma
shall implement a program which will permit the electronic filing,
storage, and delivery of motor vehicle certificates of title and
allow a lienholder to perfect, assign and release a lien on a motor
vehicle in lieu of submission and maintenance of paper documents as
otherwise provided in the provisions of Section 1101 et seq. of this
title. Service Oklahoma may:
1. Enter into a competitive contract with a qualified third-
party service provider (System Developer), subject to the provisions
of the Oklahoma Central Purchasing Act, Section 85.1 et seq. of
Title 74 of the Oklahoma Statutes;
2. Act as the service provider; or
ENR. H. B. NO. 1751 Page 50
3. Authorize proprietary provider systems by Oklahoma financial
institutions,
to provide necessary hardware, software and services facilitating
the interconnection between licensed operators and electronic title
service providers described in subsection B of this section for a
certificate of title and for filing or releasing a lien pursuant to
the procedures prescribed by Service Oklahoma. The provisions of
this section shall apply to certificates of title issued and liens
filed after June 30, 2022. Service Oklahoma shall promulgate rules
to implement the provisions of this section.
B. The program authorized under subsection A of this section
shall include, but not be limited to, procedures:
1. For the delivery of a certificate of title, on a paper
document or in an electronic format, to the secured party having the
primary perfected security interest in a vehicle in lieu of delivery
to the record owner, notwithstanding the provisions of Section 1101
et seq. of this title. When there is no security interest, lien, or
other encumbrance on the vehicle, delivery of a certificate of
title, on a paper document or in an electronic format, shall be made
to the record owner. Provided, when electronic transmission of
liens and lien satisfactions is used, a certificate of title need
not be issued or printed until the last lien is satisfied and a
clear certificate of title is issued to the owner of the vehicle at
their request;
2. Establishing qualifications for third-party electronic title
service providers offering electronic lien services. The vendor
selected in subsection A of this section shall not be considered an
electronic title service provider and shall not operate or own an
electronic title service provider;
3. Establishing reasonable fees, if necessary, to be charged by
service providers or contractors for the establishment, maintenance
and operation of the electronic lien title program;
4. Providing access to the electronic certificate of title
records including liens on record, for licensed motor vehicle
dealers and lienholders who participate in the program
notwithstanding the provisions of Section 1109 of this title;
5. Allowing licensed operators to participate in the electronic
lien title program. Participating licensed operators shall receive
ENR. H. B. NO. 1751 Page 51
all fees provided by the Oklahoma Vehicle License and Registration
Act unless otherwise provided in Section 1132A of this title; and
6. For the acceptance and use of electronic or digital
signatures.
C. As used in this section and Section 1101 et seq. of this
title:
1. "Deliver" or "delivery" means, with respect to a certificate
of title or lien, either the physical delivery of a paper document
or the electronic delivery of a document in an electronic format;
2. "Electronic format" means an electronic or digital format or
medium of any document, record or other information; and
3. "Possess" or "possession" means, with respect to a
certificate of title or lien, to hold or otherwise exercise control
over a document which is in either a physical or electronic format.
D. Any documents created, stored or delivered under the
electronic lien title program as provided in this section shall be
presumed valid including any signatures which are generated
electronically or contained on a scanned copy. A certified copy of
Service Oklahoma's electronic record of a motor vehicle certificate
of title or lien is admissible in any civil, criminal, or
administrative proceeding in this state as evidence of the existence
and contents of the certificate of title or lien.
E. The Tax Commission is authorized to expend funds necessary
for the implementation of the program provided in subsection A of
this section from available monies in the Oklahoma Tax Commission
and Office of Management and Enterprise Services Joint Computer
Enhancement Fund created pursuant to Section 265 of Title 68 of the
Oklahoma Statutes.
F. In the development of the program provided in subsection A
of this section, the Oklahoma Tax Commission shall consult
interested parties including, but not limited to, representatives of
the Oklahoma Automobile Dealers Association, the Oklahoma Bankers
Association, the Credit Union Association of Oklahoma and the Tag
Agent Coalition.
ENR. H. B. NO. 1751 Page 52
G. All documents submitted electronically pursuant to the
provisions of subsection A of this section shall not require
notarization electronic verification in lieu of notarization.
H. All documents submitted pursuant to the provisions of this
section shall be retained pursuant to the provision of subsection A
of this section.
I. Submission and maintenance of paper documents as otherwise
provided in this the provisions of Section 1101 et seq. of this
title shall be accepted through June 30, 2025.
SECTION 17. AMENDATORY 47 O.S. 2021, Section 1106, as
amended by Section 114, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2024, Section 1106), is amended to read as follows:
Section 1106. A. 1. If Service Oklahoma shall determine
determines 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. a. If Service Oklahoma may for a similar reason, after
determines that a previously issued certificate of
title or registration was issued in contradiction of
any statutory requirement or that the applicant was
not entitled to such certificate or registration, it
may revoke such certificate of title or registration
by sending a notice of revocation hearing. Said
notice shall be mailed to the last known address
reflected on the motor vehicle records of Service
Oklahoma and must be mailed at least 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 days prior to
the revocation hearing date with a certificate of
mailing stating the date it was mailed by Service
Oklahoma. Such certificate of mailing shall be
presumed to demonstrate compliance with the notice
requirement in this section.
b. Any person or entity to whom notice was sent pursuant
to this section who fails to appear at such hearing
may be found in default and subject to revocation of a
ENR. H. B. NO. 1751 Page 53
certificate of title or registration without further
notice or process.
c. The hearing shall be subject to the hearing
requirements in Article II of the Administrative
Procedures Act, Section 308a et seq. of Title 75 of
the Oklahoma Statutes.
d. Service Oklahoma may promulgate administrative code
rules describing the hearing process.
B. 1. 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. 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 18. AMENDATORY 47 O.S. 2021, Section 1104, as
last amended by Section 1, Chapter 442, O.S.L. 2024 (47 O.S. Supp.
2024, 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. Service
Oklahoma shall provide to the Oklahoma Tax Commission monthly
reports of motor vehicle collection information, including, but not
limited to, motor vehicle monthly apportionment information,
refunds, canceled vouchers, waste tire collections, organ donor
program amounts, driver license records, prorate amounts, and sales
tax amounts. The reports shall be delivered electronically pursuant
to the current calendar year apportionment disbursement schedule
ENR. H. B. NO. 1751 Page 54
provided to Service Oklahoma by the Oklahoma Tax Commission on or
before December 1st annually.
One percent (1%) of fees collected the monies referred to in
this section shall be apportioned to the Licensed Operator
Performance Fund created in Section 3-106 of this title, in
accordance with the applicable metrics determined by Service
Oklahoma.
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.
ENR. H. B. NO. 1751 Page 55
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%);
ENR. H. B. NO. 1751 Page 56
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 subsection:
a. from October 1, 2000, until June 30, 2001, seven and
nine one-hundredths percent (7.09%),
ENR. H. B. NO. 1751 Page 57
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 fiscal years 2019 through 2024 pursuant
to this subparagraph exceed the total amount
apportioned for the fiscal year ending on June 30,
2015, and in no event shall the amount apportioned in
fiscal year 2026 and subsequent fiscal years exceed
the amount apportioned for the fiscal year ending on
June 30, 2025. 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 Decennial 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
ENR. H. B. NO. 1751 Page 58
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 fiscal years 2019 through 2024 pursuant
to this subparagraph exceed the total amount
apportioned for the fiscal year ending on June 30,
2015, and in no event shall the amount apportioned in
fiscal year 2026 and subsequent fiscal years exceed
the amount apportioned for the fiscal year ending on
June 30, 2025. Any amounts in excess of such
limitation shall be placed to the credit of the
Rebuilding Oklahoma Access and Driver Safety Fund
ENR. H. B. NO. 1751 Page 59
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 fiscal years 2019 through 2024 pursuant
to this subparagraph exceed the total amount
ENR. H. B. NO. 1751 Page 60
apportioned for the fiscal year ending on June 30,
2015, and in no event shall the amount apportioned in
fiscal year 2026 and subsequent fiscal years exceed
the amount apportioned for the fiscal year ending on
June 30, 2025. 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
ENR. H. B. NO. 1751 Page 61
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
ENR. H. B. NO. 1751 Page 62
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
ENR. H. B. NO. 1751 Page 63
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
ENR. H. B. NO. 1751 Page 64
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 the fiscal year limitations provided
in subparagraph c of this paragraph. Any amounts in
excess of the fiscal year limitations provided in
subparagraph c of this paragraph 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,
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
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(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 Department of
Transportation 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
Department of Transportation 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
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exceed the fiscal year limitations provided in subparagraph
c of this paragraph, and
c. the total amount apportioned each fiscal year pursuant
to this paragraph shall be limited as follows:
(1) for fiscal years 2020
through 2022 $120,000,000.00,
(2) for fiscal year 2023 $125,000,000.00,
(3) for fiscal year 2024 $130,000,000.00,
(4) for fiscal year 2025 $135,000,000.00,
(5) for fiscal year 2026 $140,000,000.00,
(6) for fiscal year 2027 $145,000,000.00,
(7) for fiscal year 2028 and all
subsequent fiscal years
thereafter $150,000,000.00.
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.
ENR. H. B. NO. 1751 Page 67
SECTION 19. AMENDATORY 47 O.S. 2021, Section 1137.1, as
last amended by Section 11, Chapter 236, O.S.L. 2024 (47 O.S. Supp.
2024, 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 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, Dismantler, and Manufactured Housing 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. 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 Service Oklahoma or the
Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing
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
ENR. H. B. NO. 1751 Page 68
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 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. 1. 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 two (2) months 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 ten-mil weatherproof plastic-impregnated paper
approved by the Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission, upon a used motor vehicle, travel
trailer or commercial trailer when a transaction is completed for
the sale of such vehicle. Provided, upon a determination by the
Commission that there exists a national shortage of ten-mil
weatherproof plastic-impregnated paper, eight-mil weatherproof
plastic-impregnated paper may be approved by the Commission until it
has been determined by the Commission the shortage has ended. The
temporary license plate under this subsection shall be placed at the
ENR. H. B. NO. 1751 Page 69
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 Service Oklahoma or the Oklahoma
Used Motor Vehicle, Dismantler, and Manufactured Housing Commission,
the date of expiration, and the company name of the selling dealer.
2. The Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission is hereby directed to develop the
motor vehicle 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
expiration. The Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing 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 motor vehicle temporary license plate shall be
valid for a period of ten (10) days from the date of purchase. Use
of the motor vehicle temporary license plate 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 commercial trailer temporary
license plate to the rear of the commercial trailer. The purchaser
of a motor vehicle shall display the motor vehicle temporary license
plate for a period not to exceed ten (10) days or until registration
and title are obtained as provided in this section. The purchaser
of a commercial trailer shall display the commercial trailer
temporary license plate for a period not to exceed two (2) months or
until registration and title are obtained as provided in this
section.
3. 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 ten (10) 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 two (2) months shall be subject to
the registration fees of this state upon the same terms and
conditions applying to residents of this state. Additionally,
within two (2) business days of the date of the sale or transfer of
the vehicle or trailer, the parties shall submit the requisite
documentation to Service Oklahoma or licensed operator identifying
the vehicle or trailer subject to the sale or transfer, purchaser
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information, and any associated license plate on the vehicle,
pursuant to the requirements of Section 1112.2 of this title.
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 two (2) months 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 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. Service Oklahoma shall
design distinctive license plates for that purpose. The cost for
such 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 20. AMENDATORY 47 O.S. 2021, Section 1141.1, as
last amended by Section 14, Chapter 236, O.S.L. 2024 (47 O.S. Supp.
2024, Section 1141.1), is amended to read as follows:
ENR. H. B. NO. 1751 Page 71
Section 1141.1. A. Each licensed operator shall be entitled to
retain the following amounts from the taxes and fees collected by
such licensed operator to be used to fund the operation of the
office of such licensed operator subject to the provisions of
Sections 1140 through 1147 of this title:
1. Beginning July 1, 2006, through June 30, 2023, Three Dollars
and fifty-six cents ($3.56) for each vehicle registered pursuant to
the Oklahoma Vehicle License and Registration Act;
2. Beginning on or after January 1, 2022, through June 30,
2023, 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). Beginning July
1, 2023, through June 30, 2025, Three Dollars and fifty-six cents
($3.56) for each special license plate issued pursuant to Sections
1135.1 through Section 1135.7 of this title;
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 July 1, 2002, through June 30, 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;
7. Four percent (4%) of the excise tax collected on the
transfer of boats and motors pursuant to the Oklahoma Statutes
through June 30, 2025;
ENR. H. B. NO. 1751 Page 72
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 through June 30, 2023;
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 licensed operator for the furnishing of a summary of a traffic
record;
ENR. H. B. NO. 1751 Page 73
21. Beginning July 1, 2009, and through June 30, 2023, each
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;
22. Beginning January 1, 2023, each licensed operator shall be
entitled to retain Three Dollars and fifty-six cents ($3.56) for
each electric vehicle registered pursuant to the provisions of this
act and such amount shall be in addition to any other amount
otherwise authorized by this section to be retained with respect to
a vehicle though through June 30, 2025;
23. Beginning January 1, 2023, and through June 30, 2023, each
licensed operator shall be entitled to retain three and twenty-five
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 otherwise authorized by this section to be retained
with respect to a vehicle; and
24. Upon the effective date of this act, Service Oklahoma is
authorized to set the licensed operator compensation pursuant to
Section 3-103 of this title for processing the documentation
submitted and issuing the license plate and/or decal pursuant to
this subsection.
The balance of the funds collected shall be remitted to Service
Oklahoma as provided in Section 1142 of this title to be apportioned
pursuant to Section 1104 of this title.
B. Through June 30, 2025, for each certificate of registration
issued for boats and motors, each 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 Service Oklahoma according
to the provisions of this subsection. At the end of fiscal year
1997 and each fiscal year thereafter, 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 licensed operator for each certificate of registration for
boats and motors issued during the following calendar year.
ENR. H. B. NO. 1751 Page 74
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 fees
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 through June 30, 2023. Beginning July
1, 2023, the fee shall be retained by the licensed operator pursuant
to subsection E of 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 fees
shall be in the same amount as provided for licensed operators and
the fee provided by this section 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.
D. Unless otherwise provided, beginning July 1, 2025, the
provisions related to the reimbursement, retention, apportionment,
or distribution of funds to or by licensed operators as outlined in
this section shall be retained by the licensed operator pursuant to
subsection E of this section.
E. Beginning July 1, 2023, unless otherwise provided, licensed
operator compensation shall be fixed by Service Oklahoma pursuant to
Section 3-103 of this title.
1. For fiscal year beginning July 1, 2023, through the fiscal
year ending on June 30, 2025:
a. licensed operators shall be entitled to retain
nineteen percent (19%) of all fees collected related
to registrations provided by the Oklahoma Vehicle
License and Registration Act, pursuant to subsection A
of Section 1132 of this title, subsection A of Section
1132.1 of this title, subsection A of Section 1132.4
ENR. H. B. NO. 1751 Page 75
of this title, and subsection H of 1140 of this title,
and
b. licensed operators shall be entitled to retain forty
percent (40%) of all fees collected related to the
issuance of Class A, Class B, Class C, and Class D
driver licenses, permits, and identification cards,
including REAL ID Compliant and REAL ID Noncompliant
credentials, pursuant to Section 6-101 et seq. of this
title, and
c. licensed operators shall be entitled to retain Three
Dollars and fifty-six cents ($3.56) for the annual
renewal of each frac tank, construction machinery,
rental trailer, commercial trailer or semitrailer
registered pursuant to Section 1133 of this title.
2. All other fees directed by this section shall default back
to the apportionment outlined in Section 1104 of this title.
SECTION 21. AMENDATORY 47 O.S. 2021, Section 1143, as
amended by Section 180, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2024, Section 1143), is amended to read as follows:
Section 1143. A. A 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 and those
provided by Section 1105A of this title received by such licensed
operator, after payment of all costs of handling and mailing;
2. All profits from any concessions operated in the licensed
operator's office; and
3. All amounts collected pursuant to subsection H of Section
1111 of this title.
B. A licensed operator shall receive a fee as regulated in
Title 49 of the Oklahoma Statutes for each document notarized.
C. 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
ENR. H. B. NO. 1751 Page 76
in Section 1101 et seq. of this title. The notification issued by
Service Oklahoma shall include a breakdown of all charges to be paid
by the owner, other items deemed necessary by 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
Service Oklahoma or of registering and receiving the license plate
or decal from a licensed operator. On the back of such registration
notification forms there shall be the address of 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 licensed
operator is authorized to collect. If the owner chooses the option
of receiving these services through the mail, either from Service
Oklahoma or the 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, 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 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 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 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
ENR. H. B. NO. 1751 Page 77
services essential to the proper operation of the Service Oklahoma
location. Provided that 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 licensed operator, but
in no event shall that amount be less than Five Thousand Dollars
($5,000.00). Licensed operators shall obtain the surety bond or
cash bond required by this section only during their first year of
operation. Thereafter, the licensed operators shall be subject to
the provisions of Section 1143.1 of this title.
SECTION 22. AMENDATORY 63 O.S. 2021, Section 4021, as
amended by Section 215, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2024, 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);
ENR. H. B. NO. 1751 Page 78
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
ENR. H. B. NO. 1751 Page 79
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. 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 Through June 30, 2025, each 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. Beginning July 1, 2025, these fees shall be
retained by the licensed operator pursuant to subsection E of
Section 1141.1 of Title 47 of the Oklahoma Statutes.
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 licensed
operator or 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
ENR. H. B. NO. 1751 Page 80
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 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 Service Oklahoma or one of its 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.
ENR. H. B. NO. 1751 Page 81
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 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 Service Oklahoma to the State Treasurer for deposit
in the Trauma Care Assistance Revolving Fund created in Section 1-
2530.9 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 23. AMENDATORY 68 O.S. 2021, Section 2103, as
amended by Section 236, Chapter 282, O.S.L. 2022 (68 O.S. Supp.
2024, 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
ENR. H. B. NO. 1751 Page 82
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,
ENR. H. B. NO. 1751 Page 83
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 Service Oklahoma or the Corporation
Commission, as applicable, or an appointed 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:
ENR. H. B. NO. 1751 Page 84
a. twenty-five cents ($0.25) fifty cents ($0.50) shall be
apportioned as provided in Section 1104 of this title,
and
b. twenty-five cents ($0.25) shall be retained by the
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:
ENR. H. B. NO. 1751 Page 85
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 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 24. REPEALER 47 O.S. 2021, Sections 6-110.2 and
1113.3, are hereby repealed.
SECTION 25. This act shall become effective July 1, 2025.
SECTION 26. 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.
ENR. H. B. NO. 1751 Page 86
Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________