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ENGROSSED HOUSE
BILL NO. 4272 By: Miller of the House
and
Haste of the Senate
An Act relating to motor vehicles; creating the
Uniform Certificate of Title for Vessels Act;
defining terms; stating applicability of act; stating
principles of law and equity supplement act;
providing for jurisdiction under certificates of
title; stating when a vessel or outboard motor is
covered by certificate of title; requiring
application for certificate of title for vessels and
certain outboard motor within certain time frame;
making exceptions; prohibiting the issuance of
certain certificates of title unless title is created
or applied for; requiring application for certificate
of title; providing for the transmission of
information; stating only an owner may apply for a
certificate of title; making certain exceptions;
requiring application be made on certain form;
listing contents of application form; providing for
form to contain electronic communication address for
certain interested parties; requiring additional
information for application; requiring Service
Oklahoma maintain records; authorizing Service
Oklahoma to require payment or evidence of payment;
allowing assignment of certain identifying numbers;
requiring certain verification of hull identification
numbers; requiring certain affidavit; requiring
certain inspection for homemade vessels; defining
term; granting Department of Public Safety certain
powers and duties; declaring certain acts to be
unlawful; requiring Service Oklahoma to create a
certificate of title within certain time frame unless
rejected; authorizing creation of electronic and
paper certificates of title; authorizing Service
Oklahoma to reject certain applications; listing
reasons for rejection; requiring certain applications
be rejected; authorizing Service Oklahoma to cancel
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certificates of title; listing reasons for
cancelation; requiring certain hearing if requested;
providing for notice of hearing; providing procedure
for service of notice; requiring hearing be held
within certain time frame; stating contents of a
certificate of title; authorizing certain notations
on certificate of title; requiring certificate
contain information on title brands; requiring
written certificates contain certain forms with
certain content; stating certain requirements for
certificates of title relating to hull-damaged
vessels; requiring creation of new certificate of
title within certain time frame; requiring insurers
make application for new certificate of title for
hull-damaged vessels; creating certain penalty for
noncompliance; requiring Service Oklahoma maintain
certain records related to a certificate of title;
requiring records be searchable by certain terms;
requiring Service Oklahoma share certain information;
stating certain information that is public record and
information which is not public record; requiring
Service Oklahoma send certificate of title to secured
party or owner of record; requiring electronic
certificate of title be destroyed upon issuance of
written certificate; requiring certain certificates
of title be surrendered to Service Oklahoma; stating
a certificate of title is prima facie evidence of the
accuracy of certain information; stating mere
possession of a certificate of title does not provide
right to obtain certain possession; stating the act
does not prohibit enforcement of law; stating when a
security interest is perfected; stating
identification of secured parties; stating certain
information is not by itself a factor in determining
if an interest is a security interest; stating when a
security interest may be perfected on a previously
created certificate of title; requiring certain
signature; stating contents of certain application;
stating when certain security interest is perfected;
providing for the creation of certain new
certificates of title; requiring maintenance of
certain files; providing for assigning of perfected
security interests; listing certain exceptions to
security interest requirements; providing for
situations when a certificate of documentation is
deleted or canceled; providing for when a security
interest becomes unperfected; providing for a
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perfection of a security interest when a vessel or
outboard motor is used as collateral; providing for
perfection under the law of another jurisdiction;
providing when a secured party shall deliver certain
termination statement; providing for termination
statements related to written certificates of title;
providing security interested to cease to be
perfected upon delivery of termination statement;
requiring creation of new certificate of title;
requiring Service Oklahoma maintain certain
information; providing for certain liability for
secured parties for noncompliance; stating rules for
voluntary transfer of a vessel or outboard motor;
providing for satisfaction by creation of certain new
certificate of title; providing that failure of
compliance does not render certain transfer invalid;
stating a transfer without compliance is not
effective against certain interests; stating
transferer not liable if in compliance with rules for
voluntary transfer; stating certificate of title
effective even if it contains missing or incorrect
information; defining term; listing requirements if a
secured party's transfer statement is not rejected;
stating certain application or certificate of title
is not by itself a disposition of the vessel or
outboard motor and does not by itself relieve a
secured party of certain duties; defining terms;
listing requirement for transfer-by-law statement;
listing requirements if a secured party's transfer-
by-law statement is not rejected; stating certain
exception; authorizing Service Oklahoma to create a
new certificate of title if an application is
unaccompanied by a signed certificate of title;
providing for situations in which a new certificate
of title may be created; authorizing Service Oklahoma
to make certain indication on certificate of title;
stating when the indication may be removed;
authorizing Service Oklahoma to require applicant to
post certain bond or other equivalent source of
indemnity or security; limiting the amount of
required bond or other equivalent source of indemnity
or security; requiring certain information be in a
certain form required by Service Oklahoma; stating
when bond or other equivalent source of indemnity or
security may be released; providing for application
for replacement written certificates of title that
have been lost, stolen, mutilated, or destroyed;
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requiring replacement certificates of title indicated
on its face that it is a replacement; requiring
destruction of certain original certificates of title
if recovered; stating a buyer in the ordinary course
of business has certain protections; stating certain
rights are governed by the Uniform Commercial Code;
stating the effect of perfection and nonperfection
are governed by the Uniform Commercial Code;
providing for situations when a certificate of title
does not indicate it is subject to a security
interest or contain a statement that it may be
subject to a security interest; requiring Service
Oklahoma retain certain information in its files;
requiring information be accessible by certain means;
requiring Service Oklahoma send certain
acknowledgement; listing requirements acknowledgement
shall contain; requiring Service Oklahoma send or
make available certain information; authorizing
information be provided in any medium; requiring
record be self-authenticating; requiring certain
consideration be given to promote uniformity with
other states; stating effect the Uniform Certificate
of Title for Vessels Act has on certain federal act;
stating that certain rights, duties, and interests
shall remain valid; stating effect of act on security
interest in place before effective date of act;
amending 43 O.S. 2021, Sections 139 and 139.1, which
relate to legal right to child support and remedy for
noncompliance with child support order; modifying
reference; amending 63 O.S. 2021, Section 4003, as
amended by Section 200, Chapter 282, O.S.L. 2022 (63
O.S. Supp. 2025, Section 4003), which relates to
title and annual registration required; modifying to
remove titling under the Oklahoma Vessel and Motor
Registration Act; requiring act only govern
registration; amending Section 2, Chapter 179, O.S.L.
2022 (63 O.S. Supp. 2025, Section 4003A), which
relates to electronic filing, storage, and delivery
of boat and motor certificates of title; modifying
statutory reference; amending 63 O.S. 2021, Section
4004, as amended by Section 201, Chapter 282, O.S.L.
2022 (63 O.S. Supp. 2025, Section 4004), which
relates to administration of the act; granting
authority to Service Oklahoma to administer the
Uniform Certificate of Title for Vessels Act;
authorizing the promulgation of certain rules;
granting authorized peace officers authority and
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jurisdiction to enforce certain act; amending 63 O.S.
2021, Section 4005, which relates to exemptions;
making certain exemptions for title related to the
Uniform Certificate of Title for Vessels Act;
requiring certain vessels be titled; authorizing
certain title upon request; amending 63 O.S. 2021,
Section 4006, as amended by Section 202, Chapter 282,
O.S.L. 2022 (63 O.S. Supp. 2025, Section 4006), which
relates to utilization of licensed operators;
authorizing licensed operators to administer the
Uniform Certificate of Title for Vessels Act;
amending 63 O.S. 2021, Section 4026, which relates to
repossession by mortgagee; modifying statutory
reference; amending 63 O.S. 2021, Section 4027, as
amended by Section 60, Chapter 171, O.S.L. 2025 (63
O.S. Supp. 2025, Section 4027), which relates to lien
of title and registration fees and penalties;
modifying statutory reference; amending 63 O.S. 2021,
Section 4028, as last amended by Section 61, Chapter
171, O.S.L. 2025 (63 O.S. Supp. 2025, Section 4028),
which relates to apportionment of fees, taxes, and
penalties; modifying statutory reference; amending
statutory reference; amending 63 O.S. 2021, Section
4029, as amended by Section 218, Chapter 282, O.S.L.
2022 (63 O.S. Supp. 2025, Section 4029), which
relates to refusal, revocation or cancellation of
certificate of title or registration; removing
certificates of title from process; amending 63 O.S.
2021, Section 4030, as amended by Section 219,
Chapter 282, O.S.L. 2022 (63 O.S. Supp. 2025, Section
4030), which relates to permanent number system for
vessels; modifying statutory reference; amending 63
O.S. 2021, Section 4031, which relates to boat
liveries; modifying statutory reference; amending 63
O.S. 2021, Section 4032, as amended by Section 220,
Chapter 282, O.S.L. 2022 (63 O.S. Supp. 2025, Section
4032), which relates to violations; modifying
statutory reference; amending 63 O.S. 2021, Section
4033, as amended by Section 221, Chapter 282, O.S.L.
2022 (63 O.S. Supp. 2025, Section 4033), which
relates to dealers license required; modifying
statutory references; amending 63 O.S. 2021, Section
4036, which relates to used vessels or motors;
modifying statutory reference; amending 63 O.S. 2021,
Section 4041, as amended by Section 226, Chapter 282,
O.S.L. 2022 (63 O.S. Supp. 2025, Section 4041), which
relates to violations; modifying statutory
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references; amending 63 O.S. 2021, Section 4106,
which relates to exemptions; modifying statutory
reference; amending 63 O.S. 2021, Section 4107, which
relates to tax in lieu of all other taxes; modifying
statutory reference; amending 63 O.S. 2021, Section
4204, as amended by Section 233, Chapter 282, O.S.L.
2022 (63 O.S. Supp. 2025, Section 4204), which
relates to administration and enforcement of act upon
waters under jurisdiction of Grand River Dam
Authority; modifying statutory reference; amending 68
O.S. 2021, Section 2805, which relates to fees or
taxes to be levied in lieu of ad valorem tax;
modifying statutory reference; amending 68 O.S. 2021,
Section 5301, which relates to imposition of tax on
new vehicles and vessels in lieu of ad valorem tax;
modifying statutory reference; amending 68 O.S. 2021,
Section 5306, which relates to qualifications;
modifying statutory reference; repealing 63 O.S.
2021, Sections 4008, as amended by Section 204,
Chapter 282, O.S.L. 2022, 4009, as amended by Section
205, Chapter 282, O.S.L. 2022, 4012, as amended by
Section 207, Chapter 282, O.S.L. 2022, and 4013 as
amended by Section 208, Chapter 282, O.S.L. 2022 (63
O.S. Supp. 2025, Sections 4008, 4009, 4012, and
4013), which relate to certificates of title for
vessels and motors; providing for recodification;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4050 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Uniform
Certificate of Title for Vessels Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4051 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in the Uniform Certificate of Title for Vessels Act:
1. "Barge" means a vessel that is not self-propelled or fitted
for propulsion by sail, paddle, oar, or similar device;
2. "Builder's certificate" means a certificate of the facts of
build of a vessel described in 46 C.F.R., Section 67.99, as amended;
3. "Buyer" means a person that buys or contracts to buy a
vessel or outboard motor;
4. "Cancel", with respect to a certificate of title, means to
make the certificate ineffective;
5. "Canoe" means a light narrow watercraft with both ends
typically tapered to a sharp point which is propelled solely by its
occupants, using a single-bladed paddle as a lever without the aid
of a fulcrum provided by oarlocks, thole pins, crutches, or similar
arrangements;
6. "Certificate of origin" means a record created by a
manufacturer or importer as the manufacturer's or importer's proof
of identity of a vessel or outboard motor. The term includes a
manufacturer's certificate or statement of origin and an importer's
certificate or statement of origin. The term does not include a
builder's certificate;
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7. "Certificate of title" means a record, created by Service
Oklahoma under the Uniform Certificate of Title for Vessels Act or
by a governmental agency of another jurisdiction under the law of
that jurisdiction, that is designated as a certificate of title by
Service Oklahoma and is evidence of ownership of a vessel or
outboard motor;
8. "Dealer" means any person engaged in the business of
selling, trading, renting with the option to purchase, or attempting
to negotiate or negotiating sales or exchanges of interests in new
or used vessels or motors, or new and used vessels or motors, or any
combination thereof;
9. "Documented vessel" means a vessel covered by a certificate
of documentation issued pursuant to 46 U.S.C., Section 12105, as
amended. The term does not include a foreign-documented vessel;
10. "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities;
11. "Electronic certificate of title" means a certificate of
title consisting of information that is stored solely in an
electronic medium and is retrievable in perceivable form;
12. "Foreign-documented vessel" means a vessel or outboard
motor the ownership of which is recorded in a registry maintained by
a country other than the United States which identifies each person
that has an ownership interest in a vessel or outboard motor and
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includes a unique alphanumeric designation for the vessel or
outboard motor;
13. "Good faith" means honesty in fact and the observance of
reasonable commercial standards of fair dealing;
14. "Hull damaged" means compromised with respect to the
integrity of a vessel's hull by a collision, allision, lightning
strike, fire, explosion, running aground, or similar occurrence, or
the sinking of a vessel in a manner that creates a significant risk
to the integrity of the vessel's hull;
15. "Hull identification number" means a serial number affixed
to the outside of the hull of a vessel on the upper starboard side
(right) corner of the transom (back wall) which is assigned by the
manufacturer or Service Oklahoma;
16. "Inboard motor" means an internal combustion engine mounted
inside a vessel which provides the transfer of power to move a
vessel through the water;
17. "Inboard/outboard motor" means an internal combustion engine
mounted inside a vessel and an external stern drive attached through
the transom of the vessel providing the transfer of power to move
the vessel through the water;
18. "Kayak" means a light, narrow vessel with both ends
typically tapered to a sharp point and propelled by human muscular
effort by one or more individuals seated inside or on top of the
vessel using double-bladed paddles, hand cranks, or pedals;
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19. "Kiteboard" means a vessel, similar in appearance to a
surfboard, with or without foot straps or bindings, combined with a
large controllable kite to propel the rider and board across the
water;
20. "Lien creditor", with respect to a vessel or outboard
motor, means:
a. a creditor that has acquired a lien on the vessel or
outboard motor by attachment, levy, or the like,
b. an assignee for benefit of creditors from the time of
assignment,
c. a trustee in bankruptcy from the date of the filing of
the petition, or
d. a receiver in equity from the time of appointment;
21. "Office" means Service Oklahoma or a licensed operator;
22. "Outboard motor" means an internal combustion engine
capable of being externally mounted at the stern of a vessel which
provides the transfer of power to move a vessel through the water;
23. "Owner" means a person, other than a lien holder, having a
property interest in or title to a vessel or motor. The term
includes a person entitled to the use or possession of a vessel or
motor subject to the interest of another person, reserved or created
by agreement on securing payment or performance of an obligation,
but the term excludes a lessee under a lease not intended as a
security;
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24. "Owner of record" means the owner indicated in the records
of Service Oklahoma;
25. "Paddleboat" means a vessel less than eight (8) feet in
length designed to be propelled solely by human power through a
belt, chain, or gears;
26. "Person" means an individual, corporation, business trust,
estate, trust, statutory trust, partnership, limited liability
company, association, joint venture, public corporation, government
or governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity;
27. "Physical certificate of title" means a certificate of
title consisting of information inscribed on a tangible medium;
28. "Purchase" means to take by sale, lease, mortgage, pledge,
consensual lien, security interest, gift, or any other voluntary
transaction that creates an interest in a vessel or outboard motor;
29. "Purchaser" means a person that takes by purchase;
30. "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form;
31. "Secured party", with respect to a vessel or outboard
motor, means a person:
a. in whose favor a security interest is created or
provided for under a security agreement, whether or
not any obligation to be secured is outstanding,
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b. that is a consignor under Article 9 of Title 12A of
the Oklahoma Statutes, or
c. that holds a security interest arising under Sections
2-401, 2-505, subsection 3 of Section 2-711, or
subsection 5 of Section 2A-508 of Title 12A of the
Oklahoma Statutes;
32. "Secured party of record" means the secured party whose
name is indicated as the name of the secured party in the records of
Service Oklahoma or, if the records indicate more than one secured
party, the one first indicated;
33. "Security interest" means an interest in a vessel or
outboard motor which secures payment or performance of an obligation
if the interest is created by contract or arises under Sections 2-
401, 2-505, subsection 3 of Section 2-711, or subsection 5 of
Section 2A-508 of Title 12A of the Oklahoma Statutes. The term
includes any interest of a consignor in a vessel or outboard motor
in a transaction that is subject to Article 9 of Title 12A of the
Oklahoma Statutes. The term does not include the special property
interest of a buyer of a vessel or outboard motor on identification
of that vessel or outboard motor to a contract for sale under
Section 2-501 of Title 12A of the Oklahoma Statutes, but a buyer
also may acquire a security interest by complying with Section 1-9-
101 et seq. of Title 12A of the Oklahoma Statutes. Except as
otherwise provided in Section 2-505 of Title 12A of the Oklahoma
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Statutes, the right of a seller or lessor of a vessel or outboard
motor under Article 2 or 2A of Title 12A of the Oklahoma Statutes to
retain or acquire possession of the vessel or outboard motor is not
a security interest, but a seller or lessor also may acquire a
security interest by complying with Article 9 of Title 12A of the
Oklahoma Statutes. The retention or reservation of title by a
seller of a vessel or outboard motor notwithstanding shipment or
delivery to the buyer under Section 2-401 of Title 12A of the
Oklahoma Statutes is limited in effect to a reservation of a
security interest. Whether a transaction in the form of a lease
creates a security interest is determined by Section 1-203 of Title
12A of the Oklahoma Statutes;
34. "Sign" means, with present intent to authenticate or adopt
a record, to:
a. make or adopt a tangible symbol, or
b. attach to or logically associate with the record an
electronic symbol or process;
35. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States;
36. "State of principal use" means the state where the vessel
or motor is used, is to be used, or remains for any period in excess
of sixty (60) days;
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37. "Title brand" means a designation of previous damage, use,
or condition that must be indicated on a certificate of title;
38. "Transfer of ownership" means a voluntary or involuntary
conveyance of an interest in a vessel or outboard motor;
39. "Vessel" means any watercraft used or capable of being used
as a means of transportation on water, except:
a. a seaplane,
b. an amphibious vehicle for which a certificate of title
is issued pursuant to the Oklahoma Vehicle License and
Registration Act or a similar statute of another
state,
c. watercraft less than sixteen (16) feet in length and
propelled solely by sail, paddle, oar, or an engine of
less than ten (10) horsepower,
d. watercraft that operate only on a permanently fixed,
manufactured course and the movement of which is
restricted to or guided by means of a mechanical
device to which the watercraft is attached or by which
the watercraft is controlled,
e. a stationary floating structure that:
(1) does not have and is not designed to have a mode
of propulsion of its own,
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(2) is dependent for utilities upon a continuous
utility hookup to a source originating on shore,
and
(3) has a permanent, continuous hookup to a shoreside
sewage system,
f. watercraft owned by the United States, a state, or a
foreign government or a political subdivision,
g. watercraft used solely as a lifeboat on another
watercraft,
h. watercraft that is used exclusively and solely for
racing purposes,
i. watercraft that is a commercial flotation device which
is issued a license by the Grand River Dam Authority
pursuant to the provisions of the Scenic Rivers Act;
provided, a commercial flotation device shall be
required to be titled pursuant to the provisions of
this act, and
j. watercraft that is a canoe, kayak, kiteboard or
paddleboat, except that such watercraft, when powered
by any means other than human power, shall be titled
and registered pursuant to the provisions of this act;
and
40. "Vessel number" means the alphanumeric designation for a
vessel issued pursuant to 46 U.S.C., Section 12301, as amended.
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B. The following definitions and terms also apply to this act:
1. "Agreement" shall have the same meaning as defined in
paragraph (3) of subsection (b) of Section 1-201 of Title 12A of the
Oklahoma Statutes;
2. "Buyer in ordinary course of business" shall have the same
meaning as defined in paragraph (9) of subsection (b) of Section 1-
201 of Title 12A of the Oklahoma Statutes;
3. "Conspicuous" shall have the same meaning as defined in
paragraph (10) of subsection (b) of Section 1-201 of Title 12A of
the Oklahoma Statutes;
4. "Consumer goods" shall have the same meaning as defined in
paragraph (23) of subsection (a) of Section 1-9-102 of Title 12A of
the Oklahoma Statutes;
5. "Debtor" shall have the same meaning as defined in paragraph
(28) of subsection (a) of Section 1-9-102 of Title 12A of the
Oklahoma Statutes;
6. "Knowledge" shall have the same meaning as defined in
Section 1-202 of Title 12A of the Oklahoma Statutes;
7. "Lease" shall have the same meaning as defined in paragraph
(k) of subsection (1) of Section 2A-103 of Title 12A of the Oklahoma
Statutes;
8. "Lessor" shall have the same meaning as defined in paragraph
(q) of subsection (1) of Section 2A-103 of Title 12A of the Oklahoma
Statutes;
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9. "Notice" shall have the same meaning as defined in Section
1-202 Title 12A of the Oklahoma Statutes;
10. "Representative" shall have the same meaning as defined in
paragraph (33) of subsection (b) of Section 1-201 of Title 12A of
the Oklahoma Statutes;
11. "Sale" shall have the same meaning as defined in Section 2-
106 of Title 12A of the Oklahoma Statutes;
12. "Security agreement" shall have the same meaning as defined
in paragraph (74) of subsection (1) of Section 1-9-102 of Title 12A
of the Oklahoma Statutes;
13. "Seller" shall have the same meaning as defined in
paragraph (O) of subsection (1) of Section 2-103 of Title 12A of the
Oklahoma Statutes;
14. "Send" shall have the same meaning as defined in paragraph
(36) of subsection (B) of Section 1-201 of Title 12A of the Oklahoma
Statutes;
15. "Value" shall have the same meaning as defined in Section
1-204 of Title 12A of the Oklahoma Statutes.
C. The definitions in subsections A and B of this section do
not apply to any state or federal law governing licensing,
numbering, or registration if the same term is used in that law.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4052 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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Subject to Section 28 of this act, the Uniform Certificate of
Title for Vessels Act applies to any transaction, certificate of
title, or record relating to a vessel or outboard motor, even if the
transaction, certificate of title, or record was entered into or
created before the effective date of this act. Motors classified as
inboard motors shall not be required to be titled pursuant to the
provisions of the Uniform Certificate of Title for Vessels Act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4053 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Unless displaced by a provision of the Uniform Certificate of
Title for Vessels Act, the principles of law and equity supplement
its provisions.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4054 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The local law of the jurisdiction under whose certificate of
title a vessel is covered governs all issues relating to the
certificate from the time the vessel or outboard motor becomes
covered by the certificate until the vessel or outboard motor
becomes covered by another certificate or becomes a documented
vessel, even if no other relationship exists between the
jurisdiction and the vessel or outboard motor or its owner.
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B. A vessel or outboard motor becomes covered by a certificate
of title when an application for the certificate is approved and the
applicable fees are delivered to Service Oklahoma in accordance with
the Uniform Certificate of Title for Vessels Act or to the
governmental agency that creates a certificate in another
jurisdiction in accordance with the law of that jurisdiction.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4055 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided in subsections B and C of this
section, the owner of a vessel or outboard motor in excess of ten
(10) horsepower for which this state is the state of principal use
shall deliver to Service Oklahoma an application for a certificate
of title for the vessel or outboard motor, with the applicable fee,
not later than thirty (30) days after the later of:
1. The date of a transfer of ownership; or
2. The date this state becomes the state of principal use.
B. An application for a certificate of title is not required
for:
1. A documented vessel;
2. A foreign-documented vessel;
3. A barge;
4. A vessel or outboard motor before delivery if the vessel is
under construction or completed pursuant to contract; or
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5. A new vessel or outboard motor in the inventory or stock of
licensed dealers for resale which new vessels or outboard motor
shall be subject to ad valorem taxation; however, said provisions
shall apply to and cover all used vessels and outboard motors in the
possession and inventory of a dealer except as provided for in
Section 4036 of Title 63 of the Oklahoma Statutes.
C. Service Oklahoma shall not issue, transfer, or renew a
certificate of title for a vessel or outboard motor issued pursuant
to the requirements of 46 U.S.C., Section 12301, as amended, unless
Service Oklahoma has created a certificate of title for the vessel
or outboard motor or an application for a certificate for the vessel
or outboard motor and the applicable fee have been delivered to
Service Oklahoma.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4056 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The owner of a vessel or outboard motor which is required to
be titled shall apply to Service Oklahoma or any licensed operator
for a certificate of title. When application is made with a
licensed operator, the application information shall be transmitted
electronically to Service Oklahoma by the licensed operator. The
licensed operator shall forward the required application along with
evidence of ownership, where required, by mail. Service Oklahoma
shall upon receipt of proper application information issue an
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Oklahoma certificate of title. Such certificates may be mailed to
the applicant. Except as otherwise provided in Sections 10, 15, 19,
20, 21, and 22 of this act, only an owner may apply for a
certificate of title.
B. An application for a certificate of title shall be upon a
form furnished by Service Oklahoma and shall be signed by the
applicant and contain:
1. The applicant's name, the street address of the applicant's
principal residence, and, if different, the applicant's mailing
address;
2. The name and mailing address of each other owner of the
vessel;
3. The hull identification number for the vessel or, if none,
an application for the issuance of a hull identification number for
the vessel;
4. The vessel number for the vessel or, if none issued by
Service Oklahoma, an application for a vessel number;
5. A description of the vessel or outboard motor as required by
Service Oklahoma, which shall include:
a. the official number for the vessel or outboard motor,
if any, assigned by the United States Coast Guard,
b. the name of the manufacturer, builder, or maker,
c. the model year or the year in which the manufacture or
build of the vessel or outboard motor was completed,
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d. the overall length of the vessel,
e. the vessel type,
f. the hull material,
g. the propulsion type,
h. the engine drive type, if any, and
i. the fuel type, if any;
6. An indication of all security interests in the vessel or
outboard motor known to the applicant and the name and mailing
address of each secured party;
7. A statement that the vessel is not a documented vessel or a
foreign-documented vessel;
8. Any title brand known to the applicant and, if known, the
jurisdiction under whose law the title brand was created;
9. If the applicant knows that the vessel is hull damaged, a
statement that the vessel is hull damaged;
10. If the application is made in connection with a transfer of
ownership, the transferor's name, street address, and, if different,
mailing address, the sales price, if any, and the date of the
transfer; and
11. If the vessel or outboard motor previously was registered
or titled in another jurisdiction, a statement identifying each
jurisdiction known to the applicant in which the vessel or outboard
motor was registered or titled.
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C. In addition to the information required by subsection B of
this section, an application for a certificate of title shall
contain an electronic communication address of the owner. The
application may contain an electronic communication address for the
transferor or secured party.
D. Except as otherwise provided in Section 19, 20, 21, or 22 of
this act, an application for a certificate of title shall be
accompanied by:
1. A certificate of title signed by the owner shown on the
certificate and which:
a. identifies the applicant as the owner of the vessel,
or
b. is accompanied by a record that identifies the
applicant as the owner; or
2. If there is no certificate of title:
a. if the vessel was a documented vessel, a record issued
by the United States Coast Guard which shows the
vessel is no longer a documented vessel and identifies
the applicant as the owner,
b. if the vessel was a foreign-documented vessel, a
record issued by the foreign country which shows the
vessel is no longer a foreign-documented vessel and
identifies the applicant as the owner, or
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c. in all other cases, a certificate of origin, bill of
sale, or other record that to the satisfaction of
Service Oklahoma identifies the applicant as the
owner.
E. A record submitted in connection with an application is part
of the application. Service Oklahoma shall maintain the record in
its files.
F. Service Oklahoma may require that an application for a
certificate of title be accompanied by payment or evidence of
payment of all fees and taxes payable by the applicant under law of
this state other than the Uniform Certificate of Title for Vessels
Act in connection with the application or the acquisition or use of
the vessel.
G. In the absence of a dealer's or manufacturer's number,
Service Oklahoma may assign such identifying number to the vessel or
outboard motor, which shall be permanently stamped, burned, or
pressed into or attached onto such vessel or outboard motor.
H. Every dealer selling new or used vessels or outboard motors
and every individual not licensed as a dealer who sells a new or
used vessel or outboard motor shall verify the hull identification
number or serial number is the same as the number on the current
registration of the vessel or outboard motor. The seller of the
vessel or outboard motor shall sign a notarized affidavit, under
penalty of perjury, affirming the numbers are the same.
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I. 1. Before a homemade vessel is issued a hull identification
number from Service Oklahoma, the vessel and the motor shall be
inspected by a commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety or by any other employee
of the Department or any other law enforcement officer of the state
as the Commissioner of Public Safety may designate, pursuant to the
rules promulgated by the Commissioner of Public Safety. For the
purposes of this act, "homemade vessel" means any vessel not
allotted a hull identification number by a manufacturer, and
specifically excludes any vessel upon which the hull identification
number has been covered, altered, defaced, destroyed, or removed.
2. The Department of Public Safety is hereby granted authority
and jurisdiction, pursuant to Article 1 of the Administrative
Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma
Statutes, to promulgate, administer and enforce all necessary rules
deemed necessary to implement the provisions of this section.
3. The Department of Public Safety shall prescribe all forms
deemed necessary to implement the provisions of this subsection.
J. It shall be unlawful to:
1. Improperly display or fail to display a vessel's hull
identification number;
2. Operate or possess a vessel on which the hull identification
number has been removed; or
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3. Operate or possess a motor on which the serial number has
been removed.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4057 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Unless an application for a certificate of title is rejected
under subsection C or D of this section, Service Oklahoma shall
create a certificate for the vessel or outboard motor in accordance
with subsection B of this section after delivery of an application
that complies with Section 7 of this act.
B. If Service Oklahoma creates electronic certificates of
title, Service Oklahoma shall create an electronic certificate
unless in the application the secured party of record or, if none,
the owner of record, requests that Service Oklahoma create a written
certificate in accordance with rules promulgated by Service
Oklahoma.
C. Except as otherwise provided in subsection D of this
section, Service Oklahoma may reject an application for a
certificate of title only if:
1. The application does not comply with Section 7 of this act;
2. The application does not contain documentation sufficient
for Service Oklahoma to determine whether the applicant is entitled
to a certificate;
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3. There is a reasonable basis for concluding that the
application is fraudulent or issuance of a certificate would
facilitate a fraudulent or illegal act; or
4. The application does not comply with the laws of this state
other than the Uniform Certificate of Title for Vessels Act.
D. Service Oklahoma shall reject an application for a
certificate of title for a vessel that is a documented vessel or a
foreign-documented vessel.
E. Service Oklahoma may cancel a certificate of title only if
Service Oklahoma:
1. Could have rejected the application for the certificate
under subsection C of this section;
2. Is required to cancel the certificate under another
provision of the Uniform Certificate of Title for Vessels Act; or
3. Receives satisfactory evidence that the vessel is a
documented vessel or a foreign-documented vessel.
F. 1. Service Oklahoma shall provide an opportunity for a
hearing at which the owner and any other interested party may
present evidence in support of or opposition to cancellation of a
certificate of title. 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 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
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presumed to demonstrate compliance with the notice requirement in
this section;
2. 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 certificate of title or
registration without further notice or process;
3. 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; and
4. Service Oklahoma may promulgate administrative code rules
describing the hearing process.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4058 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A certificate of title shall contain:
1. The date the certificate was created;
2. The name of the owner of record and, if not all owners are
listed, an indication that there are additional owners indicated in
the files of Service Oklahoma;
3. The mailing address of the owner of record;
4. The hull identification number;
5. The information listed in paragraph 6 of subsection B of
Section 7 of this act;
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6. Except as otherwise provided in subsection B of Section 15
of this act, the name and mailing address of the secured party of
record, if any, and if not all secured parties are listed, an
indication that there are other security interests indicated in the
files of Service Oklahoma; and
7. All title brands indicated in the files of Service Oklahoma
covering the vessel, including brands indicated on a certificate
created by a governmental agency of another jurisdiction and
delivered to Service Oklahoma.
B. The Uniform Certificate of Title for Vessels Act does not
preclude Service Oklahoma from noting on a certificate of title the
name and mailing address of a secured party that is not a secured
party of record.
C. For each title brand indicated on a certificate of title,
the certificate shall identify the jurisdiction under whose law the
title brand was created or the jurisdiction that created the
certificate on which the title brand was indicated. If the meaning
of a title brand is not easily ascertainable or cannot be
accommodated on the certificate, the certificate may state:
"Previously branded in (insert the jurisdiction under whose law the
title brand was created or whose certificate of title previously
indicated the title brand)."
D. If the files of Service Oklahoma indicate that a vessel
previously was registered or titled in a foreign country, Service
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Oklahoma shall indicate on the certificate of title that the vessel
was registered or titled in that country.
E. A written certificate of title shall contain a form that all
owners indicated on the certificate may sign to evidence consent to
a transfer of an ownership interest to another person. The form
shall include a certification, signed under penalty of perjury, that
the statements made are true and correct to the best of each owner's
knowledge, information, and belief.
F. A written certificate of title shall contain a form for the
owner of record to indicate, in connection with a transfer of an
ownership interest, that the vessel is hull damaged.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4059 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Unless subsection C of this section applies, at or before
the time the owner of record transfers an ownership interest in a
hull-damaged vessel that is covered by a certificate of title
created by Service Oklahoma, if the damage occurred while that
person was an owner of the vessel and the person has notice of the
damage at the time of the transfer, the owner shall:
1. Deliver to Service Oklahoma an application for a new
certificate that complies with Section 7 of this act and includes
the title brand designation "Hull Damaged"; or
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2. Indicate on the certificate in the place designated for that
purpose that the vessel is hull damaged and deliver the certificate
to the transferee.
B. After delivery to Service Oklahoma of the application under
paragraph 1 of subsection A of this section or the certificate of
title under paragraph 2 of subsection 2 of this section, Service
Oklahoma shall create a new certificate that indicates that the
vessel is branded "Hull Damaged".
C. Before an insurer transfers an ownership interest in a hull-
damaged vessel that is covered by a certificate of title created by
Service Oklahoma, the insurer shall deliver to Service Oklahoma an
application for a new certificate that complies with Section 6 of
this act and includes the title brand designation "Hull Damaged".
Service Oklahoma shall create a new certificate that indicates that
the vessel is branded "Hull Damaged".
D. An owner of record that fails to comply with subsection A of
this section, a person that solicits or colludes in a failure by an
owner of record to comply with subsection A of this section, or an
insurer that fails to comply with subsection C of this section is
subject to penalty of One Thousand Dollars ($1,000.00). The penalty
shall be collected by Service Oklahoma and deposited in the Service
Oklahoma Revolving Fund established in Section 3-106 of Title 47 of
the Oklahoma Statutes.
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SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4060 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. For each record relating to a certificate of title submitted
to Service Oklahoma, Service Oklahoma shall:
1. Ascertain or assign the hull identification number for the
vessel;
2. Maintain the hull identification number and all the
information submitted with the application pursuant to subsection B
of Section 7 of this act to which the record relates, including the
date the record was delivered to Service Oklahoma;
3. Maintain the files for public inspection subject to
subsection E of this section; and
4. Index the files of Service Oklahoma as required by
subsection B of this section.
B. Service Oklahoma shall maintain in its files the information
contained in all certificates of title created under the Uniform
Certificate of Title for Vessels Act. The information in the files
of Service Oklahoma shall be searchable by the hull identification
number of the vessel, the vessel or outboard motor number, and any
other method used by Service Oklahoma.
C. Service Oklahoma shall maintain in its files, for each
vessel or outboard motor for which it has created a certificate of
title, all title brands known to Service Oklahoma, the name of each
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secured party known to Service Oklahoma, the name of each person
known to Service Oklahoma to be claiming an ownership interest, and
all stolen-property reports Service Oklahoma has received.
D. Upon request, for safety, security, or law-enforcement
purposes, Service Oklahoma shall provide to federal, state, or local
government the information in its files relating to any vessel or
outboard motor for which Service Oklahoma has issued a certificate
of title.
E. Except as otherwise provided by the law of this state other
than the Uniform Certificate of Title for Vessels Act, the
information required under Section 9 of this act is a public record.
The information provided under paragraph 3 of subsection B of
Section 7 of this act is not a public record.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4061 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. On creation of a written certificate of title, Service
Oklahoma promptly shall send the certificate to the secured party of
record or, if none, to the owner of record, at the address indicated
for that person in the files of Service Oklahoma. On creation of an
electronic certificate of title, Service Oklahoma promptly shall
send a record evidencing the certificate to the owner of record and,
if there is one, to the secured party of record, at the address
indicated for that person in the files of Service Oklahoma. Service
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Oklahoma may send the record to the person's mailing address or, if
indicated in the files of Service Oklahoma, an electronic address.
B. If Service Oklahoma creates a written certificate of title,
any electronic certificate of title for the vessel or outboard motor
is canceled and replaced by the written certificate. Service
Oklahoma shall maintain in the files of Service Oklahoma the date
and time of cancellation.
C. Before Service Oklahoma creates an electronic certificate of
title, any written certificate for the vessel or outboard motor
shall be surrendered to Service Oklahoma. If Service Oklahoma
creates an electronic certificate, Service Oklahoma shall destroy or
otherwise cancel the written certificate for the vessel or outboard
motor which has been surrendered to Service Oklahoma and maintain in
the files of Service Oklahoma the date and time of destruction or
other cancellation. If a written certificate being canceled is not
destroyed, Service Oklahoma shall indicate on the face of the
certificate that it has been canceled.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4062 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A certificate of title is prima facie evidence of the accuracy
of the information in the record that constitutes the certificate.
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SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4063 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Possession of a certificate of title does not by itself provide
a right to obtain possession of a vessel or outboard motor.
Garnishment, attachment, levy, replevin, or other judicial process
against the certificate is not effective to determine possessory
rights to the vessel. The Uniform Certificate of Title for Vessels
Act does not prohibit enforcement under law of this state other than
the Uniform Certificate of Title for Vessels Act of a security
interest in, levy on, or foreclosure of a statutory or common-law
lien on a vessel or outboard motor. Absence of an indication of a
statutory or common-law lien on a certificate does not invalidate
the lien.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4064 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided in this section or Section 28
of this act, a security interest in a vessel may be perfected only
by delivery to Service Oklahoma of an application for a certificate
of title that identifies the secured party and otherwise complies
with Section 7 of this act. The security interest is perfected on
the later of delivery to Service Oklahoma of the application and the
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applicable fee or attachment of the security interest under Section
1-9-203 of Title 12A of the Oklahoma Statutes.
B. If the interest of a person named as owner, lessor,
consignor, or bailor in an application for a certificate of title
delivered to Service Oklahoma is a security interest, the
application sufficiently identifies the person as a secured party.
Identification on the application for a certificate of a person as
owner, lessor, consignor, or bailor is not by itself a factor in
determining whether the person's interest is a security interest.
C. If Service Oklahoma has created a certificate of title for a
vessel or outboard motor, a security interest in the vessel or
outboard motor may be perfected by delivery to Service Oklahoma of
an application, on a form Service Oklahoma may require, to have the
security interest added to the certificate. The application shall
be signed by an owner of the vessel or outboard motor or by the
secured party and shall include:
1. The name of the owner of record;
2. The name and mailing address of the secured party;
3. The hull identification number for the vessel or identifying
number for outboard motor; and
4. If Service Oklahoma has created a written certificate of
title for the vessel or outboard motor, the certificate. If Service
Oklahoma has not created a written certificate of title for the
vessel or outboard motor, by other evidence of ownership.
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D. A security interest perfected under subsection C of this
section is perfected on the later of delivery to Service Oklahoma of
the application and all applicable fees or attachment of the
security interest under Section 1-9-203 of Title 12A of the Oklahoma
Statutes.
E. On delivery of an application that complies with subsection
C of this section and payment of all applicable fees, Service
Oklahoma shall create a new certificate of title pursuant to Section
8 of this act and deliver the new certificate or a record evidencing
an electronic certificate pursuant to subsection A of Section 12 of
this act. Service Oklahoma shall maintain in the files of Service
Oklahoma the date and time of delivery of the application to Service
Oklahoma.
F. If a secured party assigns a perfected security interest in
a vessel or outboard motor, the receipt by Service Oklahoma of a
statement providing the name of the assignee as secured party is not
required to continue the perfected status of the security interest
against creditors of and transferees from the original debtor. A
purchaser of a vessel or outboard motor subject to a security
interest which obtains a release from the secured party indicated in
the files of Service Oklahoma or on the certificate takes free of
the security interest and of the rights of a transferee unless the
transfer is indicated in the files of Service Oklahoma or on the
certificate.
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G. This section does not apply to a security interest:
1. Created in a vessel or outboard motor by a person during any
period in which the vessel or outboard motor is inventory held for
sale or lease by the person or is leased by the person as lessor if
the person is in the business of selling vessels;
2. In a barge for which no application for a certificate of
title has been delivered to Service Oklahoma; or
3. In a vessel or outboard motor before delivery if the vessel
is under construction, or completed, pursuant to contract and for
which no application for a certificate has been delivered to Service
Oklahoma.
H. This subsection applies if a certificate of documentation
for a documented vessel is deleted or canceled. If a security
interest in the vessel or outboard motor was valid immediately
before deletion or cancellation against a third party as a result of
compliance with 46 U.S.C., Section 31321, the security interest is
and remains perfected until the earlier of four (4) months after
cancellation of the certificate or the time the security interest
becomes perfected under this act.
I. A security interest in a vessel or outboard motor arising
under Section 2-401, 2-505, subsection 3 of section 2-711, or
subsection 5 of section 2A-508 of Title 12A of the Oklahoma Statutes
is perfected when it attaches but becomes unperfected when the
debtor obtains possession of the vessel or outboard motor, unless
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before the debtor obtains possession the security interest is
perfected pursuant to subsection A or C of this section.
J. A security interest in a vessel or outboard motor as
proceeds of other collateral is perfected to the extent provided in
Section 1-9-315 of Title 12A of the Oklahoma Statutes.
K. A security interest in a vessel perfected under the law of
another jurisdiction is perfected to the extent provided in
subsection D of Section 1-9-316 of Title 12A of the Oklahoma
Statutes.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4065 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A secured party indicated in the files of Service Oklahoma
as having a security interest in a vessel shall deliver a
termination statement to Service Oklahoma and, on the debtor's
request, to the debtor, by the earlier of:
1. Twenty (20) days after the secured party receives a signed
demand from an owner for a termination statement and there is no
obligation secured by the vessel subject to the security interest
and no commitment to make an advance, incur an obligation, or
otherwise give value secured by the vessel or outboard motor; or
2. If the vessel or outboard motor is consumer goods, thirty
(30) days after there is no obligation secured by the vessel or
outboard motor and no commitment to make an advance, incur an
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obligation, or otherwise give value secured by the vessel or
outboard motor.
B. If a written certificate of title has been created and
delivered to a secured party and a termination statement is required
under subsection A of this section, the secured party, not later
than the date required by subsection A of this section, shall
deliver the certificate to the debtor or to Service Oklahoma with
the statement. If the certificate is lost, stolen, mutilated,
destroyed, or is otherwise unavailable or illegible, the secured
party shall deliver with the statement, not later than the date
required by subsection A of this section, an application for a
replacement certificate meeting the requirements of Section 22 of
this act.
C. On delivery to Service Oklahoma of a termination statement
authorized by the secured party, the security interest to which the
statement relates ceases to be perfected. If the security interest
to which the statement relates was indicated on the certificate of
title, Service Oklahoma shall create a new certificate, upon request
of the owner, and deliver the new certificate or a record evidencing
an electronic certificate. Service Oklahoma shall maintain in its
files the date of delivery to Service Oklahoma of the statement.
D. A secured party that fails to comply with this section is
liable for any loss that the secured party had reason to know might
result from its failure to comply and which could not reasonably
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have been prevented and for the cost of an application for a
certificate of title under Section 7 or 22 of this act.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4066 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. On voluntary transfer of an ownership interest in a vessel
or outboard motor covered by a certificate of title, the following
rules apply:
1. If the certificate is a written certificate of title and the
transferor's interest is noted on the certificate, the transferor
promptly shall sign the certificate and deliver it to the
transferee. If the transferor does not have possession of the
certificate, the person in possession of the certificate has a duty
to facilitate the transferor's compliance with this paragraph. A
secured party does not have a duty to facilitate the transferor's
compliance with this paragraph if the proposed transfer is
prohibited by the security agreement;
2. If the certificate of title is an electronic certificate of
title, the transferor promptly shall sign and deliver to the
transferee a record evidencing the transfer of ownership to the
transferee;
3. The transferee has a right enforceable by specific
performance to require the transferor comply with paragraph 1 or 2
of this subsection.
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B. The creation of a certificate of title identifying the
transferee as owner of record satisfies subsection A of this
section.
C. A failure to comply with subsection A of this section or to
apply for a new certificate of title does not render a transfer of
ownership of a vessel or outboard motor ineffective between the
parties. Except as otherwise provided in Section 18, 19, subsection
A of Section 23, or 24 of this act, a transfer of ownership without
compliance with subsection A of this section is not effective
against another person claiming an interest in the vessel or
outboard motor.
D. A transferor that complies with subsection A of this section
is not liable as owner of the vessel or outboard motor for an event
occurring after the transfer, regardless of whether the transferee
applies for a new certificate of title.
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4067 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Except as otherwise provided in Section 1-9-337 of Title 12A of
the Oklahoma Statutes, a certificate of title or other record
required or authorized by the Uniform Certificate of Title for
Vessels Act is effective even if it contains incorrect information
or does not contain required information.
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SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4068 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. In this section, "secured party's transfer statement" means
a record signed by the secured party of record stating:
1. That there has been a default on an obligation secured by
the vessel;
2. The secured party of record is exercising or has exercised
post-default remedies with respect to the vessel;
3. By reason of the exercise, the secured party of record has
the right to transfer the ownership interest of an owner, and the
name of the owner;
4. The name and last-known mailing address of the owner of
record and the secured party of record;
5. The name of the transferee;
6. Other information required by subsection B of Section 7 of
this act; and
7. One of the following:
a. the certificate of title is an electronic certificate,
b. the secured party does not have possession of the
written certificate of title created in the name of
the owner of record, or
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c. the secured party is delivering the written
certificate of title to Service Oklahoma with the
secured party's transfer statement.
B. Unless Service Oklahoma rejects a secured party's transfer
statement for a reason stated in subsection C of Section 8 of this
act, Service Oklahoma shall:
1. Accept the statement;
2. Amend the files of Service Oklahoma to reflect the transfer;
and
3. If the name of the owner whose ownership interest is being
transferred is indicated on the certificate of title:
a. cancel the certificate even if the certificate has not
been delivered to Service Oklahoma,
b. create a new certificate indicating the transferee as
owner, and
c. deliver the new certificate or a record evidencing an
electronic certificate.
C. An application under subsection A of this section or the
creation of a certificate of title under subsection B of this
section is not by itself a disposition of the vessel or outboard
motor and does not by itself relieve the secured party of its duties
under Article 9 of Title 12A of the Oklahoma Statutes.
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SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4069 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. In this section:
1. "By operation of law" means pursuant to a law or judicial
order affecting ownership of a vessel or outboard motor:
a. because of death, divorce, or other family law
proceeding, merger, consolidation, dissolution, or
bankruptcy,
b. through the exercise of the rights of a lien creditor
or a person having a lien created by statute or rule
of law, or
c. through other legal process;
2. "Transfer-by-law statement" means a record signed by a
transferee stating that by operation of law the transferee has
acquired or has the right to acquire an ownership interest in a
vessel.
B. A transfer-by-law statement must contain:
1. The name and last-known mailing address of the owner of
record and the transferee and the other information required by
subsection B of Section 7 of this act;
2. Documentation sufficient to establish the transferee's
ownership interest or right to acquire the ownership interest;
3. A statement that:
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a. the certificate of title is an electronic certificate
of title,
b. the transferee does not have possession of the written
certificate of title created in the name of the owner
of record, or
c. the transferee is delivering the written certificate
to Service Oklahoma with the transfer-by-law
statement; and
4. Except for a transfer described in subparagraph a of
paragraph 1 of subsection A of this section, evidence that
notification of the transfer and the intent to file the transfer-by-
law statement has been sent to all persons indicated in the files of
Service Oklahoma as having an interest, including a security
interest, in the vessel or outboard motor.
C. Unless Service Oklahoma rejects a transfer-by-law statement
for a reason stated in subsection C of Section 8 of this act or
because the statement does not include documentation satisfactory to
Service Oklahoma as to the transferee's ownership interest or right
to acquire the ownership interest, not later than thirty (30) days
after delivery to Service Oklahoma of the statement and payment of
fees and taxes payable under the law of this state other than the
Uniform Certificate of Title for Vessels Act in connection with the
statement or with the acquisition or use of the vessel or outboard
motor, Service Oklahoma shall:
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1. Accept the statement;
2. Amend the files of Service Oklahoma to reflect the transfer;
and
3. If the name of the owner whose ownership interest is being
transferred is indicated on the certificate of title:
a. cancel the certificate even if the certificate has not
been delivered to Service Oklahoma,
b. create a new certificate indicating the transferee as
owner,
c. indicate on the new certificate any security interest
indicated on the canceled certificate, unless a court
order provides otherwise, and
d. deliver the new certificate or a record evidencing an
electronic certificate.
D. This section does not apply to a transfer of an interest in
a vessel or outboard motor by a secured party under Part 6 of
Article 9 of Title 12A of the Oklahoma Statutes.
SECTION 21. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4070 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided in Section 19 or 20 of this
act, if Service Oklahoma receives, unaccompanied by a signed
certificate of title, an application for a new certificate that
includes an indication of a transfer of ownership or a termination
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statement, Service Oklahoma may create a new certificate under this
section only if:
1. All other requirements under Sections 7 and 8 of this act
are met;
2. The applicant provides an affidavit stating facts showing
the applicant is entitled to a transfer of ownership or termination
statement;
3. The applicant provides Service Oklahoma with satisfactory
evidence that notification of the application has been sent to the
owner of record and all persons indicated in the files of Service
Oklahoma as having an interest, including a security interest, in
the vessel, at least forty-five (45) days have passed since the
notification was sent, and Service Oklahoma has not received an
objection from any of those persons; and
4. The applicant submits any other information required by
Service Oklahoma as evidence of the applicant's ownership or right
to terminate the security interest, and Service Oklahoma has no
credible information indicating theft, fraud, or an undisclosed or
unsatisfied security interest, lien, or other claim to an interest
in the vessel.
B. Service Oklahoma may indicate in a certificate of title
created under subsection A of this section that the certificate was
created without submission of a signed certificate or termination
statement. Unless credible information indicating theft, fraud, or
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an undisclosed or unsatisfied security interest, lien, or other
claim to an interest in the vessel is delivered to Service Oklahoma
not later than one (1) year after creation of the certificate, on
request in a form and manner required by Service Oklahoma, Service
Oklahoma shall remove the indication from the certificate.
C. Unless Service Oklahoma determines that the value of a
vessel or outboard motor is less than Five Thousand Dollars
($5,000.00) by using the method to determine value for excise tax in
Section 4105 of Title 63 of the Oklahoma Statutes, before Service
Oklahoma creates a certificate of title under subsection A of this
section, Service Oklahoma may require the applicant to post a bond
or provide an equivalent source of indemnity or security. The bond,
indemnity, or other security may not exceed twice the value of the
vessel or outboard motor as determined by Service Oklahoma. The
bond, indemnity, or other security shall be in a form required by
Service Oklahoma and provide for indemnification of any owner,
purchaser, or other claimant for any expense, loss, delay, or
damage, including reasonable attorney fees and costs, but not
including incidental or consequential damages, resulting from
creation or amendment of the certificate.
D. Unless Service Oklahoma receives a claim for indemnity not
later than one (1) year after creation of a certificate of title
under subsection A of this section, on request in a form and manner
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required by Service Oklahoma, Service Oklahoma shall release any
bond, indemnity, or other security.
SECTION 22. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4071 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. If a written certificate of title is lost, stolen,
mutilated, destroyed, or otherwise becomes unavailable or illegible,
the secured party of record or, if no secured party is indicated in
the files of Service Oklahoma, the owner of record may apply for
and, by furnishing information satisfactory to Service Oklahoma,
obtain a replacement certificate in the name of the owner of record.
B. An applicant for a replacement certificate of title shall
sign the application, and, except as otherwise permitted by Service
Oklahoma, the application shall comply with Section 7 of this act.
The application shall include the existing certificate unless the
certificate is lost, stolen, mutilated, destroyed, or otherwise
unavailable.
C. A replacement certificate of title created by Service
Oklahoma shall comply with Section 9 of this act and indicate on the
face of the certificate that it is a replacement certificate.
D. If a person receiving a replacement certificate of title
subsequently obtains possession of the original written certificate,
the person promptly shall destroy the original certificate of title.
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SECTION 23. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4072 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A buyer in ordinary course of business has the protections
afforded by subsection 2 of Section 2-403 and subsection a of
Section 1-9-320 of Title 12A of the Oklahoma Statutes even if an
existing certificate of title was not signed and delivered to the
buyer or a new certificate listing the buyer as owner of record was
not created.
B. Except as otherwise provided in Sections 17 and 24 of this
act, the rights of a purchaser of a vessel which is not a buyer in
ordinary course of business or a lien creditor are governed by
Uniform Commercial Code.
SECTION 24. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4073 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Subject to subsection B of this section, the effect of
perfection and nonperfection of a security interest and the priority
of a perfected or unperfected security interest with respect to the
rights of a purchaser or creditor, including a lien creditor, is
governed by the Uniform Commercial Code of Title 12A of the Oklahoma
Statutes.
B. If, while a security interest in a vessel or outboard motor
is perfected by any method under this act, Service Oklahoma creates
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a certificate of title that does not indicate that the vessel or
outboard motor is subject to the security interest or contain a
statement that it may be subject to security interests not indicated
on the certificate:
1. A buyer of the vessel or outboard motor, other than a person
in the business of selling or leasing vessels or outboard motors of
that kind, takes free of the security interest if the buyer, acting
in good faith and without knowledge of the security interest, gives
value and receives possession of the vessel or outboard motor; and
2. The security interest is subordinate to a conflicting
security interest in the vessel or outboard motor that is perfected
under Section 15 of this act after creation of the certificate and
without the conflicting secured party's knowledge of the security
interest.
SECTION 25. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4074 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Service Oklahoma shall retain the evidence used to establish
the accuracy of the information in its files relating to the current
ownership of a vessel or outboard motor and the information on the
certificate of title.
B. Service Oklahoma shall retain in its files all information
regarding a security interest in a vessel or outboard motor for at
least ten (10) years after Service Oklahoma receives a termination
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statement regarding the security interest. The information shall be
accessible by the hull identification number for the vessel or
identifying number for an outboard motor and any other methods
provided by Service Oklahoma.
C. If a person submits a record to Service Oklahoma, or submits
information that is accepted by Service Oklahoma, and requests an
acknowledgment of the filing or submission, Service Oklahoma shall
send to the person an acknowledgment showing the hull identification
number of the vessel or identifying number of an outboard motor to
which the record or submission relates, the information in the filed
record or submission, and the date the record was received or the
submission accepted. A request under this section shall contain the
hull identification number or identifying outboard motor number and
be delivered by means authorized by Service Oklahoma.
D. Service Oklahoma shall send or otherwise make available in a
record the following information to any person that requests it and
pays the applicable fee:
1. Whether the files of Service Oklahoma indicate, as of a date
and time specified by Service Oklahoma, but not a date earlier than
ten (10) days before Service Oklahoma received the request, any
certificate of title, security interest, termination statement, or
title brand that relates to a vessel or outboard motor:
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a. identified by a hull identification number or
identifying number of an outboard motor or designated
in the request,
b. identified by a vessel or outboard motor number
designated in the request, or
c. owned by a person designated in the request;
2. With respect to the vessel or outboard motor:
a. the name and address of any owner as indicated in the
files of Service Oklahoma or on the certificate of
title,
b. the name and address of any secured party as indicated
in the files of Service Oklahoma or on the
certificate, and the effective date of the
information, and
c. a copy of any termination statement indicated in the
files of Service Oklahoma and the effective date of
the termination statement; and
3. With respect to the vessel or outboard motor, a copy of any
certificate of origin, secured party transfer statement, transfer-
by-law statement under Section 20 of this act, and other evidence of
previous or current transfers of ownership.
E. In responding to a request under this section, Service
Oklahoma may provide the requested information in any medium. On
request, Service Oklahoma shall send the requested information in a
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record that is self-authenticating under Section 2902 of Title 12 of
the Oklahoma Statutes.
SECTION 26. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4075 of Title 63, unless there
is created a duplication in numbering, reads as follows:
In applying and construing this uniform act, consideration shall
be given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
SECTION 27. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4076 of Title 63, unless there
is created a duplication in numbering, reads as follows:
The Uniform Certificate of Title for Vessels Act modifies,
limits, and supersedes the federal Electronic Signatures in Global
and National Commerce Act, 15 U.S.C., Section 7001, et seq., but
does not modify, limit, or supersede Section 101(c) of that act, 15
U.S.C., Section 7001(c), or authorize electronic delivery of any of
the notices described in Section 103(b) of that act, 15 U.S.C.,
Section 7003(b).
SECTION 28. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4077 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The rights, duties, and interests flowing from a
transaction, certificate of title, or record relating to a vessel or
outboard motor which was validly entered into or created before the
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effective date of the Uniform Certificate of Title for Vessels Act
and would be subject to this act if it had been entered into or
created on or after the effective date of this act, remain valid on
and after the effective date of this act.
B. This act does not affect an action or proceeding commenced
before the effective date of this act.
C. Except as otherwise provided in subsection D of this
section, a security interest that is enforceable immediately before
the effective date of this act and would have priority over the
rights of a person that becomes a lien creditor at that time is a
perfected security interest under this act.
D. A security interest perfected immediately before the
effective date of this act remains perfected until the earlier of:
1. The time perfection would have ceased under the law under
which the security interest was perfected; or
2. Three (3) years after the effective date of this act.
E. This act does not affect the priority of a security interest
in a vessel or outboard motor if immediately before the effective
date of this act the security interest is enforceable and perfected,
and that priority is established.
SECTION 29. AMENDATORY 43 O.S. 2021, Section 139, is
amended to read as follows:
Section 139. The Legislature finds and declares that child
support is a basic legal right of the state's parents and children,
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that mothers and fathers have a legal obligation to provide
financial support for their children and that child support payments
can have a substantial impact on child poverty and state welfare
expenditures. It is therefore the Legislature's intent to encourage
payment of child support to decrease overall costs to the state's
taxpayers while increasing the amount of financial support collected
for the state's children by authorizing the district courts of this
state and the Department of Human Services to order the revocation,
suspension, nonissuance or nonrenewal of any recreational license or
permit, or permit including, but not limited to, a hunting and
fishing license or other authorization issued pursuant to the
Oklahoma Wildlife Conservation Code, Section 1-101 et seq. of Title
29 of the Oklahoma Statutes, and certificates of title for vessels
and motors issued pursuant to the Uniform Certificate of Title for
Vessels Act and other licenses of registration issued pursuant to
the Oklahoma Vessel and Motor Registration Act, Section 4001 et seq.
of Title 63 of the Oklahoma Statutes, or to order probation for a
parent who is in noncompliance with an order for support for at
least ninety (90) days or failing, after receiving appropriate
notice to comply with subpoenas or warrants relating to paternity or
child support proceedings.
SECTION 30. AMENDATORY 43 O.S. 2021, Section 139.1, is
amended to read as follows:
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Section 139.1. A. As used in this section and Section 6-201.1
of Title 47 of the Oklahoma Statutes:
1. "Licensing board" means any bureau, department, division,
board, agency or commission of this state or of a municipality in
this state that issues a license;
2. "Noncompliance with an order for support" means that the
obligor has failed to make child support payments required by a
child support order in an amount equal to the child support payable
for at least ninety (90) days or has failed to make full payments
pursuant to a court-ordered payment plan for at least ninety (90)
days or has failed to obtain or maintain health insurance coverage
as required by an order for support for at least ninety (90) days or
has failed, after receiving appropriate notice to comply with
subpoenas or orders relating to paternity or child support
proceedings or has failed to comply with an order to submit to
genetic testing to determine paternity;
3. "Order for support" means any judgment or order for the
support of dependent children or an order to submit to genetic
testing to determine paternity issued by any court of this state or
other state or any judgment or order issued in accordance with an
administrative procedure established by state law that affords
substantial due process and is subject to judicial review;
4. "License" means any recreational license or permit
including, but not limited to, a hunting and fishing license or
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other authorization issued pursuant to the Oklahoma Wildlife
Conservation Code, or certificates of title for vessels and motors
issued pursuant to the Uniform Certificate of Title for Vessels Act
and other licenses or registrations issued pursuant to the Oklahoma
Vessel and Motor Registration Act;
5. "Obligor" means the person who is required to make payments
or comply with other provisions of an order for support;
6. "Oklahoma Child Support Services (OCSS)" means the state
agency designated to administer a statewide plan for child support
pursuant to Section 237 of Title 56 of the Oklahoma Statutes;
7. "Person entitled" means:
a. a person to whom a support debt or support obligation
is owed,
b. the OCSS or a public agency of another state that has
the right to receive current or accrued support
payments or that is providing support enforcement
services, or
c. a person designated in a support order or as otherwise
specified by the court; and
8. "Payment plan" includes, but is not limited to, a plan
approved by the court that provides sufficient security to ensure
compliance with a support order and/or that incorporates voluntary
or involuntary income assignment or a similar plan for periodic
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payment on an arrearage and, if applicable, current and future
support.
B. 1. Except as otherwise provided by this subsection, the
district courts of this state are hereby authorized to order the
revocation, suspension, nonissuance or nonrenewal of a license or
the placement of the obligor on probation who is in noncompliance
with an order for support.
2. The remedy under this section is in addition to any other
enforcement remedy available to the court.
C. 1. At any hearing involving the support of a child, if the
district court finds evidence presented at the hearing that an
obligor is in noncompliance with an order for support and the
obligor is licensed by any licensing board, the court, in addition
to any other enforcement action available, may suspend or revoke the
license of the obligor who is in noncompliance with the order of
support or place the obligor on probation pursuant to paragraph 2 of
this subsection.
2. a. To be placed on probation, the obligor shall agree to
a payment plan to:
(1) make all future child support payments as
required by the current order during the period
of probation, and
(2) pay the full amount of the arrearage:
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(a) by lump sum by a date certain, if the court
determines the obligor has the ability, or
(b) by making monthly payments in addition to
the monthly child support amount pursuant to
Section 137 of this title.
b. The payments required to be made pursuant to this
section shall continue until the child support
arrearage and interest which was the subject of the
license revocation action have been paid in full.
3. If the court orders probation, the appropriate licensing
board shall not be notified and no action is required of that board.
4. Probation shall be conditioned upon full compliance with the
order. If the court grants probation, the probationary period shall
not exceed three (3) years.
5. If the obligor is placed on probation, the obligee or OCSS
may request a hearing at any time to review the status of the
obligor's compliance with the payment plan and to request immediate
suspension or revocation of the obligor's license. The obligor
shall be served with notice of the hearing by regular mail to the
obligor's address of record pursuant to Section 112A of this title.
6. If, by the completion of time allotted for the probationary
period, the obligor has failed to fully comply with the terms of
probation, the licenses of the obligor shall be automatically
suspended or revoked without further hearing. If the licenses of
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the obligor are suspended or revoked, the obligor may thereafter
apply for reinstatement in compliance with subsection D or E of this
section.
D. When all support due is paid in full and the obligor has
complied with all other provisions of the order for support, the
obligor, the obligee or OCSS may file a motion with the court for
reinstatement of the obligor's licenses or termination of probation
and the motion shall be set for hearing. If the court finds the
obligor has paid all support due in full and has complied with all
other provisions of the order for support, the court shall reinstate
the obligor's licenses or terminate the probation.
E. 1. An obligor whose licenses have been suspended or revoked
may file a motion with the court for reinstatement of the licenses
of the obligor prior to payment in full of all support due and the
motion shall be set for hearing.
2. The court may reinstate the licenses of the obligor if the
obligor has:
a. paid the current child support and the monthly
arrearage payments each month for the current month
and two (2) months immediately preceding, or paid an
amount equivalent to three (3) months of child support
and arrearage payments which satisfies the current
child support and monthly arrearage payments for the
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current month and two (2) months immediately
preceding,
b. disclosed all information regarding health insurance
availability and obtained and maintained health
insurance coverage required by an order for support,
c. complied with all subpoenas and orders relating to
paternity or child support proceedings,
d. complied with all orders to submit to genetic testing
to determine paternity, and
e. disclosed all employment and address information.
3. If the court terminates the order of suspension, revocation,
nonissuance or nonrenewal, it shall place the obligor on probation,
conditioned upon compliance with any payment plan and the provisions
of the order for support.
4. If the obligor fails to comply with the terms of probation,
the court may refuse to reinstate the licenses of the obligor unless
the obligor makes additional payments in an amount determined by the
court to be sufficient to ensure future compliance, and the obligor
complies with the other terms set by the court.
F. The obligor shall serve on the custodian or the state a copy
of the motion for reinstatement of the licenses of the obligor and
notice of hearing pursuant to Section 2005 of Title 12 of the
Oklahoma Statutes, or if there is an address of record, by regular
mail to the address of record on file with the central case registry
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pursuant to Section 112A of this title. When child support services
are being provided pursuant to Section 237 of Title 56 of the
Oklahoma Statutes, the obligor shall serve a copy of the motion for
reinstatement of the licenses of the obligor on OCSS.
G. If the court orders termination of the order of suspension
or revocation, the obligor shall send a copy of the order
reinstating the licenses of the obligor to the licensing board, the
custodian and OCSS when child support services are being provided
pursuant to Section 237 of Title 56 of the Oklahoma Statutes.
H. Entry of this order does not limit the ability of the court
to issue a new order requiring the licensing board to revoke or
suspend the license of the same obligor in the event of another
delinquency or failure to comply.
I. Upon receipt of a court order to suspend or revoke the
license of an obligor, the licensing board shall comply with the
order by:
1. Determining if the licensing board has issued a license to
the individual whose name appears on the order for support;
2. Notifying the obligor of the suspension or revocation;
3. Demanding surrender of the license, if required;
4. Entering the suspension or revocation of the license on the
appropriate records; and
5. Reporting the suspension or revocation of the license as
appropriate.
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J. Upon receipt of a court order to not issue or not renew the
license of an obligor, the licensing board shall implement by:
1. Determining if the licensing board has received an
application for issuance or renewal of a license from the individual
whose name appears on the order of support;
2. Notifying the obligor of the nonissuance or nonrenewal; and
3. Entering the nonissuance or nonrenewal of the license as
appropriate.
K. An order, issued by the court, directing the licensing board
to suspend, revoke, not issue or not renew the license of the
obligor shall be processed and implemented by the licensing board
without any additional review or hearing and shall continue until
the court or appellate court advises the licensing board by order
that the suspension, revocation, nonissuance or nonrenewal is
terminated.
L. The licensing board has no jurisdiction to modify, remand,
reverse, vacate, or stay the order of the court for the suspension,
revocation, nonissuance or nonrenewal of a license.
M. In the event of suspension, revocation, nonissuance or
nonrenewal of a license, any funds paid by the obligor to the
licensing board for costs related to issuance, renewal, or
maintenance of a license shall not be refunded to the obligor.
N. A licensing board may charge the obligor a fee to cover the
administrative costs incurred by the licensing board to administer
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the provisions of this section. Fees collected pursuant to this
section by a licensing board which has an agency revolving fund
shall be deposited in the agency revolving fund for the use by the
licensing board to pay the costs of administering this section.
Otherwise, the administrative costs shall be deposited in the
General Revenue Fund of the state.
O. Each licensing board shall promulgate rules necessary for
the implementation and administration of this section.
P. The licensing board is exempt from liability to the obligor
for activities conducted in compliance with Section 139 et seq. of
this title.
Q. A final order entered pursuant to this section may be
appealed to the Supreme Court of Oklahoma pursuant to Section 990A
of Title 12 of the Oklahoma Statutes.
SECTION 31. AMENDATORY 47 O.S. 2021, Section 2-105.6, is
amended to read as follows:
Section 2-105.6. A. There is hereby created within the
Oklahoma Highway Patrol Division of the Department of Public Safety
a Marine Enforcement Section which shall consist of such employees
as may be necessary to enforce the provisions of Section 4001 et
seq., Section 4101 et seq., and Section 4200 et seq. of Title 63 of
the Oklahoma Statutes. All commissioned officers of the Marine
Enforcement Section as designated by the Commissioner shall have the
authority to stop and board any vessel subject to the Uniform
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Certificate of Title for Vessels Act and Section 4001 et seq. of
Title 63 of the Oklahoma Statutes and make any necessary arrest for
violations of the Uniform Certificate of Title for Vessels Act and
Section 4001 et seq. of Title 63 of the Oklahoma Statutes or the
rules promulgated by the Department of Public Safety or the
Department of Wildlife Conservation or take any other action within
their lawful authority. Any statutory references to the Oklahoma
Lake Patrol Division or the Lake Patrol Section of the Oklahoma
Highway Patrol Division shall mean the Marine Enforcement Section of
the Oklahoma Highway Patrol Division of the Department of Public
Safety.
B. All commissioned officers of the Marine Enforcement Section
of the Oklahoma Highway Patrol Division of the Department of Public
Safety shall have, in addition to their primary duty as prescribed
in subsection A of this section, a secondary duty to enforce all
state statutes, to make arrests for violations and to perform other
duties as prescribed by the Commissioner.
C. The annual salaries for the commissioned officers within the
Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety shall be in accordance and
conformity with Section 2-105.4 of this title.
D. The provisions of this section shall supersede all existing
laws covering the salaries for the commissioned officers in the
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Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety.
SECTION 32. AMENDATORY 56 O.S. 2021, Section 237.7, is
amended to read as follows:
Section 237.7. For the purposes of Sections 237 through 240.23
of this title:
1. The "Child Support Enforcement Division of the Department of
Human Services", hereinafter referred to as the "Division" or as the
"Department", is the state agency designated to administer the child
support enforcement program for the State of Oklahoma and its
District Offices, which may be administered through contract or
cooperative agreements. The District Offices provide enforcement
services to individuals receiving Temporary Assistance for Needy
Families, hereinafter referred to as "TANF", and to individuals not
receiving TANF who have made proper application for enforcement
services to the Division;
2. "Director" means the Director of the Department of Human
Services who shall have the authority to enter orders in appropriate
cases or as otherwise provided by law, without the necessity of an
additional signature of a district or administrative judge;
3. "Office of Administrative Hearings: Child Support (Legal
Division, Department of Human Services, State of Oklahoma)",
hereinafter referred to as "OAH", conducts child support enforcement
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administrative hearings. All hearings are conducted by
administrative law judges assigned to OAH;
4. "Support debt" means a debt owed to the State of Oklahoma by
the natural, legal or adoptive parents who are responsible for
support of a child or children receiving public assistance money
from the Department or the reasonable expenses of providing for a
child or children. The amount of the debt shall be determined in
accordance with the provisions of Section 118 of Title 43 of the
Oklahoma Statutes;
5. "Arrearage" or "past due support" means the total amount of
unpaid support obligations;
6. "Delinquency" means any payment under an order for support
which becomes due and remains unpaid;
7. a. "Gross income" or "income" means income from any
source and includes, but is not limited to, income
from salaries, wages, commissions, bonuses, dividends,
severance pay, pensions, rent, interest income, trust
income, annuities, compensation as an independent
contractor, social security benefits, workers'
compensation benefits, unemployment insurance
benefits, disability insurance benefits, gifts,
prizes, any form of periodic payment to an individual
regardless of source, and any other payments made by
any person, private entity, federal or state
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government, any unit of local government, school
district, or any entity created by law. Income
specifically excluded are actual child support
received for children not before the court and
benefits received from means-tested public assistance
programs, including but not limited to TANF,
Supplemental Security Income (SSI), Food Stamps,
General Assistance and State Supplemental Payments for
Aged, Blind, and the Disabled.
b. For purposes of computing gross income of the parents,
gross income shall include for each parent all actual
monthly income described in this paragraph, the
average of the gross monthly income for the time
actually employed during the previous three (3) years,
or the minimum wage paid for a forty-hour week,
whichever is the most equitable. If equitable, gross
monthly income for either parent may be imputed in an
amount that a person with comparable education,
training, and experience could reasonably expect to
earn. If a person is permanently physically or
mentally incapacitated, the child support obligation
shall be computed on the basis of actual monthly gross
income;
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8. "Earnings" means amounts paid to a person as an employee,
including wages and salary;
9. "Disposable income" means income or earnings less any
amounts required by law to be withheld including, but not limited
to, federal, state, and local taxes, Social Security, and public
assistance payments;
10. "Obligor" means the person who is required to make payments
under an order for support or the natural, legal, or adoptive
parents who are responsible for the support of a child or children;
11. "Obligee" or "Person entitled" means:
a. a person to whom a support debt or support obligation
is owed,
b. the Department of Human Services or a public agency of
another state that has the right to receive current or
accrued support payments or that is providing support
enforcement services, or
c. a person designated in a support order or as otherwise
specified by the court;
12. "Payor" means any person or entity paying monies, income,
or earnings to an obligor. In the case of a self-employed person,
the "payor" and "obligor" may be the same person;
13. "Support order" means an order for the payment of support
issued by a district or administrative court of this state or by any
court or agency of another state;
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14. "Income assignment" means an assignment of a portion of the
monies, income, or periodic earnings due and owing to the obligor to
the person entitled to the support or to another person or entity
designated by the support order or assignment for payment of
support, the support debt, or arrearages. In all child support
cases wherein child support is being enforced pursuant to the state
plan, the income of any obligor required by court or administrative
order to pay support shall be subject by operation of law to
immediate income assignments regardless of whether support payments
by such obligor are in arrears. The assignment shall be in an
amount which is sufficient to meet the periodic child support
payments, other maintenance payments, payments on support debt and
collection of past due support monies that have accrued under a
district or administrative court order. An income assignment shall
be made a part of a support order or any order granting a judgment
for a support debt or confirming the amount of the past due support,
or a review or modification of a support order pursuant to Section
118.1 of Title 43 of the Oklahoma Statutes;
15. "Voluntary acknowledgment" means a written acknowledgment
executed by the obligor wherein the obligor acknowledges paternity,
support liability, a support debt, or arrearage amount, and agrees
to a judgment and an immediate income assignment to pay monthly
support and payments on the support debt or arrearage judgments;
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16. "Notice" means a written announcement served upon an
obligor, a custodial person or any person or entity which might be
affected by the noticed proceeding;
17. "Licensing board" means any bureau, department, division,
board, agency, or commission of this state or of a municipality in
this state that issues a license;
18. "License" means a license, certificate, registration,
permit, approval, or other similar document issued by a licensing
board granting to an individual a right or privilege to engage in a
profession, occupation, business, or industry, or any recreational
license or permit including, but not limited to, a hunting and
fishing license or other authorization issued pursuant to the
Oklahoma Wildlife Conservation Code and certificates of Title title
for vessels and motors issued pursuant to the Uniform Certificate of
Title for Vessels Act and other licenses or registrations issued
pursuant to the Oklahoma Vessel and Motor Registration Act or a
driver license or other permit issued pursuant to Title 47 of the
Oklahoma Statutes;
19. "Commission" means the Commission for Human Services;
20. "Payment plan" includes, but is not limited to, a plan
approved by the support enforcement entity that provides sufficient
security to ensure compliance with a support order or that
incorporates voluntary or involuntary income assignment or a similar
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plan for periodic payment of past-due support and, if applicable,
current and future support; and
21. "Support" means all payments or other obligations due and
owing to the obligee or person entitled by the obligor pursuant to a
support order, and may include, but is not limited to, support
alimony payments, child support, as defined by Section 1170 of Title
12 of the Oklahoma Statutes, and other expenses, requirements and
obligations as specified in Section 118 of Title 43 of the Oklahoma
Statutes.
SECTION 33. AMENDATORY 63 O.S. 2021, Section 4003, as
amended by Section 200, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4003), is amended to read as follows:
Section 4003. A. 1. Except as otherwise provided in Sections
4005 and 4024 of this title, every vessel in this state,
irrespective of whether used on waters of this state, is required to
be titled registered within thirty (30) calendar days from the
purchase date or from the date the owner becomes a resident of this
state and annually registered under the provisions of the Oklahoma
Vessel and Motor Registration Act, Section 4002 et seq. of this
title. The owner of any such vessel shall file an application as
required by the Oklahoma Vessel and Motor Registration Act with
Service Oklahoma for a certificate of title, a number, and for the
annual registration for such vessel on forms prescribed and
furnished by Service Oklahoma.
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2. The provisions of this subsection shall not apply to new
vessels in the inventory or stock of licensed dealers for resale
which new vessels shall be subject to ad valorem taxation.
3. Said provisions shall apply to and cover all used vessels in
the possession and inventory of a dealer except as provided for in
Section 4036 of this title.
B. 1. Except as otherwise provided in Sections 4005 and 4024
of this title, every outboard motor in excess of ten (10) horsepower
in this state, irrespective of whether used on waters of this state,
is required to be titled registered within thirty (30) calendar days
from the purchase date, or from the expiration of registration, or
from the date the owner becomes a resident of this state and
registered under the provisions of the Oklahoma Vessel and Motor
Registration Act.
The owner of any such motor shall file an application as
required by the Oklahoma Vessel and Motor Registration Act for a
certificate of title and for an annual registration for such vessel
on forms prescribed and furnished by Service Oklahoma.
2. The provisions of this subsection shall not apply to new
motors in the inventory or stock of licensed dealers for resale
which such new motors shall be subject to ad valorem taxation.
3. Said provisions shall apply to and cover all used motors in
the possession and inventory of a dealer except as provided for in
Section 4036 of this title.
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C. Any person engaged in the business of selling, trading,
renting with option to purchase, or attempting to or negotiating
sales or exchanges of interests in new or used vessels or motors, or
new and used vessels or motors, or any combination thereof shall be
licensed pursuant to Section 4033 of this title.
SECTION 34. AMENDATORY Section 2, Chapter 179, O.S.L.
2022 (63 O.S. Supp. 2025, Section 4003A), is amended to read as
follows:
Section 4003A. On or before July 1, 2022, the Oklahoma Tax
Commission shall implement a program which will permit the
electronic filing, storage, and delivery of boat and motor
certificates of title and allow a lienholder to perfect, assign, and
release a lien on a boat or motor in lieu of submission and
maintenance of paper documents as otherwise provided in the
provisions of Section 4008 et seq. of Title 63 of the Oklahoma
Statutes the Uniform Certificate of Title for Vessels Act. The
provisions of this section shall apply to certificates of title
issued and liens filed after June 30, 2022. The Tax Commission
shall promulgate rules to implement the provisions of this section.
SECTION 35. AMENDATORY 63 O.S. 2021, Section 4004, as
amended by Section 201, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4004), is amended to read as follows:
Section 4004. A. It shall be the duty of Service Oklahoma, and
Service Oklahoma is hereby granted authority and jurisdiction to
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administer the Uniform Certificate of Title for Vessels Act and the
Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of
this title, with the aid of its licensed operators and all duly
authorized peace officers of this state.
B. Service Oklahoma is hereby authorized to promulgate all
necessary rules and prepare forms and records to enact and enforce
the provisions of the Uniform Certificate of Title for Vessels Act
and the Oklahoma Vessel and Motor Registration Act.
C. All duly authorized peace officers of this state are hereby
granted authority and jurisdiction to enforce the provisions of and
any rules pertaining to the Uniform Certificate of Title for Vessels
Act and the Oklahoma Vessel and Motor Registration Act within their
jurisdiction.
D. Service Oklahoma shall have the authority in cases of
dispute to determine the factory-delivered price of any vessel or
motor.
E. Service Oklahoma shall periodically cause to be prepared and
shall distribute to each authorized licensed operator a manual of
procedure containing instructions, directions and guidelines to be
followed by all licensed operators in the performance of their
duties regarding vessels and motors.
F. All rules promulgated pursuant to the provisions of this act
shall comply with Article 1 of the Administrative Procedures Act,
Section 250 et seq. of Title 75 of the Oklahoma Statutes. In
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addition to other filing requirements of law, such rules shall be
filed with the Commissioner of Public Safety.
SECTION 36. AMENDATORY 63 O.S. 2021, Section 4005, is
amended to read as follows:
Section 4005. A. A vessel or motor shall not be required to be
titled and registered pursuant to the provisions of the Uniform
Certificate of Title for Vessels Act and the Oklahoma Vessel and
Motor Registration Act if:
1. Such vessel or motor is owned by the United States, a state
other than the State of Oklahoma, any agency thereof, or any
subdivision of the state; provided, however, if such vessel is used
for recreational or rental purposes on the waters of this state, the
vessel shall be registered and numbered in accordance with Section
4002 et seq. of this title;
2. Such vessel or motor is owned by a visiting nonresident and
is currently registered in another state. Provided that if any such
vessel or motor remains in Oklahoma in excess of sixty (60) calendar
days, such vessel or motor shall be registered pursuant to the
provisions of the Oklahoma Vessel and Motor Registration Act and the
registration fees due thereon from the date of entry into Oklahoma
must be paid;
3. Such vessel or motor is from a country other than the United
States provided such vessel or motor does not remain in Oklahoma in
excess of sixty (60) calendar days;
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4. Such vessel is used exclusively and solely as a lifeboat;
5. Such vessel is used exclusively and solely for racing
purposes;
6. Such vessel is a commercial flotation device which is issued
a license by the Grand River Dam Authority pursuant to the
provisions of the Scenic Rivers Act; provided, a commercial
flotation device shall be required to be titled pursuant to the
provisions of Section 4008 of this title the Uniform Certificate of
Title for Vessels Act;
7. Such vessel is a documented vessel provided such documented
vessel shall be required to be registered pursuant to the provisions
of Section 4016 of this title; or
8. Such vessel is a canoe, kayak, kiteboard or paddleboat as
defined in Section 4002 of this title, except that such vessels,
when powered by any means other than human power, shall be titled
and registered pursuant to the provisions of the Uniform Certificate
of Title for Vessels Act and the Oklahoma Vessel and Motor
Registration Act.
B. Motors classified as inboard motors shall not be required to
be titled pursuant to the Uniform Certificate of Title for Vessels
Act or registered pursuant to the provisions of the Oklahoma Vessel
and Motor Registration Act.
C. All vessels and motors which are owned by the State of
Oklahoma, its agencies or departments, or political subdivisions
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thereof, or which, under the law, would be exempt from direct ad
valorem taxation, shall be titled and registered pursuant to the
provisions of the Uniform Certificate of Title for Vessels Act and
the Oklahoma Vessel and Motor Registration Act. Provided, all
vessels and motors titled and registered to the Department of Public
Safety shall be exempt from all registration fees.
D. All other vessels shall be titled and registered pursuant to
the provisions of the Uniform Certificate of Title for Vessels Act
and the Oklahoma Vessel and Motor Registration Act.
E. At the request of the owner, any vessel exempt from the
title and registration provisions of this section shall be titled
and registered pursuant to the provisions of the Uniform Certificate
of Title for Vessels Act and the Oklahoma Vessel and Motor
Registration Act for the purposes of proof of ownership or vessel
identification. All title and registration fees shall be paid by
the owner of the vessel.
SECTION 37. AMENDATORY 63 O.S. 2021, Section 4006, as
amended by Section 202, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4006), is amended to read as follows:
Section 4006. Service Oklahoma is hereby authorized and
directed to utilize its licensed operators appointed under the
Oklahoma Vehicle License and Registration Laws in the administration
of the Uniform Certificate of Title for Vessels Act and the Oklahoma
Vessel and Motor Registration Act.
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SECTION 38. AMENDATORY 63 O.S. 2021, Section 4026, is
amended to read as follows:
Section 4026. At any time that a mortgagee repossesses a vessel
or motor on which the registration has become delinquent as of the
date of such repossession, the mortgagee shall not be required, as a
condition for registration of said vessel or motor to pay any of the
penalties which had accrued as of the date of such repossession
otherwise prescribed in the Uniform Certificate of Title for Vessels
Act and the Oklahoma Vessel and Motor Registration Act. Provided
that said penalties shall not be waived unless such vessel or motor
is registered by the mortgagee within five (5) days after it is
repossessed. Provided further, that if the mortgagor or spouse,
becomes the owner of the vessel or motor within ninety (90) days
from the date of repossession, the penalty shall reattach and be
paid when application is made for the new title.
SECTION 39. AMENDATORY 63 O.S. 2021, Section 4027, as
amended by Section 60, Chapter 171, O.S.L. 2025 (63 O.S. Supp. 2025,
Section 4027), is amended to read as follows:
Section 4027. All title and registration fees and penalties
levied by the terms and provisions of the Uniform Certificate of
Title for Vessels Act and the Oklahoma Vessel and Motor Registration
Act shall become and remain a first lien upon any vessel or motor on
which such fees, taxes and penalty are due and unpaid. The lien
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shall be prior, superior and paramount to all other liens of
whatsoever kind or character.
After the thirtieth day after such title and registration fees
become delinquent, it shall be the duty of Service Oklahoma or the
Department of Public Safety, its designated officers or employees,
and of sheriffs and all other duly authorized peace officers of this
state, to seize and take into custody every vessel or motor required
to be titled and registered pursuant to the Uniform Certificate of
Title for Vessels Act and the Oklahoma Vessel and Motor Registration
Act but which is not so registered by the owner thereof, and such
vessel or motor shall not be released to the owner thereof until it
is duly registered and the fee due thereon paid in full, together
with any penalty provided by law, plus the cost of seizure,
including a reasonable cost of taking such vessel or motor into
custody and storing it. In the event the owner or possessor of any
such vessel or motor seized, as provided by law, shall fail to pay
the registration fee and penalty due thereon, together with such
costs of seizure and storage, the officer shall proceed to foreclose
the lien thereon by selling such vessel or motor following the
procedure for foreclosure of liens on personal property prescribed
in Section 91 of Title 42 of the Oklahoma Statutes.
The provisions of the Uniform Tax Procedure Code under Title 68
of the Oklahoma Statutes and the Oklahoma Vehicle License and
Registration Act, Section 1101 et seq. of Title 47 of the Oklahoma
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Statutes, providing procedures and remedies with respect to all
state taxes shall also be available for the enforcement of the
provisions of the Uniform Certificate of Title for Vessels Act and
the Oklahoma Vessel and Motor Registration Act.
SECTION 40. AMENDATORY 63 O.S. 2021, Section 4028, as
amended by Section 61, Chapter 171, O.S.L. 2025 (63 O.S. Supp. 2025,
Section 4028), is amended to read as follows:
Section 4028. All titling and registration fees, taxes, and
penalties collected by Service Oklahoma pursuant to the provisions
of Sections 4014 and Section 54 of this act and Section 4021 of this
title shall be apportioned by Service Oklahoma as provided in
Section 1104 of Title 47 of the Oklahoma Statutes.
SECTION 41. AMENDATORY 63 O.S. 2021, Section 4029, as
amended by Section 218, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4029), is amended to read as follows:
Section 4029. A. If Service Oklahoma shall determine at any
time that an applicant for a certificate of title of or registration
for a vessel or motor is not entitled thereto, it may refuse to
issue such certificate or to register such vessel or motor. Service
Oklahoma may for a similar reason, after ten (10) calendar days'
notice and a hearing, revoke the certificate of title and
registration already acquired. Said notice may be served in person
or by registered mail.
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B. In addition, in every case where a vessel or motor has been
titled or registered upon an application containing any false
statement of a fact required in this section to be shown in an
application for the title or registration thereof, Service Oklahoma
shall give written notice of at least ten (10) calendar days to the
owner of the vessel or motor and shall require the owner to appear
before it for the purpose of showing cause why said title or
registration should not be canceled. Unless satisfactory
explanation is given by the owner concerning such false statement,
Service Oklahoma shall cancel the title or registration. The owner
of the vessel or motor shall then be required to immediately retitle
or reregister the vessel or motor and pay the required fees. The
owner shall not be entitled to refund or credit for the fees paid
for titling and registration of the vessel or motor made under the
application which contained any false statement of fact.
C. Service Oklahoma shall insert in said application forms
appropriate notice to the applicant that any false statement of a
fact required to be shown in such application for title or
registration subjects the applicant to prosecution.
SECTION 42. AMENDATORY 63 O.S. 2021, Section 4030, as
amended by Section 219, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4030), is amended to read as follows:
Section 4030. A. 1. Service Oklahoma shall, and each
federally recognized Indian tribe of this state may, develop and
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implement a permanent number system for vessels which is consistent
with United States Coast Guard statutes and regulations. The system
shall be effective upon the effective date of this act.
2. Except as otherwise provided by this section, every vessel
on the waters of this state shall display the permanent number
assigned to it by Service Oklahoma or by a federally recognized
Indian tribe of this state, which number shall not be obliterated,
erased, mutilated, removed or missing.
3. In order to ensure that:
a. a permanent number issued by a federally recognized
Indian tribe of this state conforms to federal
statutory and regulatory requirements of the United
States Coast Guard, and
b. the rights prescribed in paragraph 2 of this
subsection are extended to every federally recognized
Indian tribe of this state,
every vessel on the waters of this state assigned a permanent number
by a federally recognized Indian tribe of this state which issues
permanent numbers shall be recorded and maintained by Service
Oklahoma in the same manner as Service Oklahoma records and
maintains the permanent number of vessels on the waters of this
state which are assigned by Service Oklahoma.
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B. The vessels authorized to display a number other than that
required by the provisions of the Uniform Certificate of Title for
Vessels Act and the Oklahoma Vessel and Motor Registration Act are:
1. A documented vessel, provided that such vessel is currently
registered, is displaying both current registration decals, and the
name, hailing port and official federal documentation number
assigned to it are displayed on the vessel according to federal law
or federal rules and regulations;
2. A vessel from a country other than the United States
temporarily using the waters of this state;
3. A vessel from another state owned by an out-of-state
resident using the waters of this state;
4. A vessel whose owner is the United States, a state or a
subdivision thereof; provided, however, if such vessel is used for
recreational or rental purposes on the public waters of this state,
that vessel shall display the permanent number assigned to it by
Service Oklahoma;
5. A vessel that is used exclusively and solely for racing
purposes;
6. A vessel that is used exclusively and solely as a lifeboat;
and
7. A commercial flotation device which is assigned a permit by
the Scenic Rivers Commission pursuant to the provisions of Sections
1461 et seq. of Title 82 of the Oklahoma Statutes.
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C. Except as otherwise provided for in this section, every
vessel and every outboard motor on the waters of this state shall
display the current registration decals or decal assigned to it by
Service Oklahoma. The outboard motor registration decal shall be
affixed to the upper portion of the motor cowling in such a manner
that approximately one-half (1/2) of the decal is displayed on the
left side of the motor cowling extending toward the rear of the
motor cowling. Vessel registration decals shall be:
1. Affixed on each side of the forward half of the vessel; and
2. In line with and within six (6) inches aft of the permanent
number.
D. The owner of any vessel issued a permanent number pursuant
to the provisions of the Uniform Certificate of Title for Vessels
Act and the Oklahoma Vessel and Motor Registration Act, Section 4002
et seq. of this title, shall place on or attach to the vessel the
permanent number in such manner that it may be clearly visible. The
permanent number shall:
1. Be maintained in legible condition;
2. Be painted, applied as a decal, or otherwise affixed to each
side of the forward half of the vessel in contrasting color to the
background, as high above the waterline as is practical;
3. Read from left to right;
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4. Be comprised of numbers and letters printed in block style
of at least three (3) inches in height and one-half (1/2) inch in
stroke width; and
5. Have spaces or hyphens that are equal to the width of a
letter other than "I" or a number other than "1" between the letter
and number groupings.
No other similar numbers shall be displayed on either side of the
forward half of the vessel.
E. The provisions of this section shall not apply to sailboards
or fishing tubes.
F. Service Oklahoma shall adopt rules for the placement of the
registration decal in an alternate location for antique boats. In
this subsection, "antique boat" means a boat that:
1. Is used primarily for recreational purposes; and
2. Was manufactured before 1968.
Such rules shall allow vessels registered as antique boats to
display the registration decal on the left portion of the
windshield. In the absence of a windshield, the rules shall allow
operators of antique boats to attach the registration decal to the
certificate of registration and make such decal and certificate
available for inspection when the boat is operated on public water.
SECTION 43. AMENDATORY 63 O.S. 2021, Section 4031, is
amended to read as follows:
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Section 4031. A. The owner of a boat livery shall cause to be
kept a record of the name and address of the person or persons
hiring any vessel, the identification number of such vessel, the
number of occupants of said vessel, the departure date and time, and
the expected date and time of return. The record shall be preserved
for at least six (6) months.
B. Neither the owner of a boat livery nor his agent or employee
shall permit any vessel to be operated or to depart from his
premises unless it shall have been provided, either by owner or
renter, with the equipment required pursuant to the Oklahoma Boating
Safety Regulation Act and any rules promulgated thereto.
C. The owner of a boat livery shall be required to comply with
the Uniform Certificate of Title for Vessels Act and the Oklahoma
Vessel and Motor Registration Act, Section 4002 et seq. of this
title.
SECTION 44. AMENDATORY 63 O.S. 2021, Section 4032, as
amended by Section 220, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4032), is amended to read as follows:
Section 4032. A. It shall be unlawful for any person to:
1. Lend or to sell to, or knowingly permit the use of by one
not entitled thereto, any certificate of title or registration
issued to or in the custody of the person so lending or permitting
the use thereof;
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2. Alter or in any manner change a certificate of title or
registration certificate issued under the laws of this or any other
state;
3. Procure from another state or country or display upon any
vessel owned by the person within this state, except as otherwise
provided by the Oklahoma Vessel and Motor Registration Act, Section
4002 et seq. of this title, any number issued by any state or
country other than this state, unless there shall be displayed upon
such vessel at all times the permanent number assigned to it by
Service Oklahoma;
4. Buy, sell or dispose of, or have in the person's possession
for sale, use or storage, any secondhand or used vessel or motor on
which the registration fee has not been paid, as required by law,
and on which vessel or motor said person neglects, fails or refuses
to display at all times the permanent number assigned to it;
5. Register a vessel or motor on an assigned certificate of
title. This particular paragraph shall be applicable to all persons
except bona fide dealers who are holders of current and valid
dealers' licenses;
6. Operate a vessel or motor upon the waters of this state
after the registration deadline for that vessel or motor without a
proper title and registration, as prescribed by the Oklahoma Vessel
and Motor Registration Act, for the current year;
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7. Release a certificate of title or excise tax receipt to any
unauthorized person or source, including any dealer. Violation of
this paragraph shall constitute sufficient grounds for discharge of
a licensed operator by Service Oklahoma;
8. Alter or in any manner change a permanent number issued for
a vessel under the laws of this state or any other state; or
9. Offer for sale any used vessel, used motor, or any used
vessel or motor part if the vessel, motor, or part:
a. is not currently registered, if required,
b. has had the hull identification number or serial
number removed,
c. has a hull identification number or serial number
which does not match the number listed on the current
title or registration, or
d. appears, is suspected, or is known to be stolen.
Anyone violating the provisions of this subsection shall be
guilty of a misdemeanor and, upon conviction, shall be subject to a
fine not to exceed Fifty Dollars ($50.00) for each such violation.
B. Any owner who knowingly makes or causes to be made any false
statement of a fact required in this section to be shown in an
application for the title or registration of one or more vessels or
motors shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than One Thousand Dollars
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($1,000.00), or shall be imprisoned in the county jail for not more
than one (1) year, or both such fine and imprisonment.
C. A violation of this section and, any of the provisions of
Sections 4002 through 4031 of this title, or the Uniform Certificate
of Title for Vessels Act where a specific penalty has not been
imposed shall constitute a misdemeanor and upon conviction thereof
the person having violated it shall be fined not less than Ten
Dollars ($10.00) and not more than One Hundred Dollars ($100.00).
D. In addition thereto, it is specifically provided that any
person stating or giving or causing to be stated or given any false
information as to the location of any vessel or motor shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by imprisonment in the county jail for a period not to exceed one
(1) year, or by both such fine and imprisonment.
SECTION 45. AMENDATORY 63 O.S. 2021, Section 4033, as
amended by Section 221, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4033), is amended to read as follows:
Section 4033. A. It shall be unlawful for any person to engage
in the business of selling, or to serve in the capacity of, or act
as a dealer of new or used vessels, or motors, or new and used
vessels, and motors or any combination thereof in this state without
first obtaining a license therefor as provided for by the Oklahoma
Vessel and Motor Registration Act and the Uniform Certificate of
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Title for Vessels Act. Any person having more than one location
where such business is carried on or conducted shall be required to
obtain and hold a current license for each such location.
B. 1. Dealer licenses issued pursuant to this section shall be
issued only to persons that prove to the satisfaction of Service
Oklahoma that they are clearly recognizable as bona fide dealers.
Proof of bona fide dealer status shall include, but need not be
limited to, the following:
a. Maintenance of a display area capable of regularly
displaying at least three vessels or motors, or a
minimum of one thousand two hundred (1,200) square
feet, indoors or outdoors,
b. Annual sales of substantial numbers of new or used
vessels or motors. "Substantial sales" normally means
sale of five or more vessels or motors unless the
applicant can show unusual circumstances justifying
lesser sales,
c. Consistent identification of the business as a dealer
or mercantile establishment in advertising, signs,
telephone book listings, and the like. The dealership
must be clearly identifiable as such by any person who
visits or deals with it,
d. Location of dealership in areas where zoning permits
such sales and commercial operations,
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e. Regular hours of operation from May 1 to September 1,
inclusive, at least five (5) days per week, and
f. a picture, upon application for a new license, of the
business location which includes the selling lot and
the office and business sign.
2. Service Oklahoma shall issue a license to sell new vessels
or motors only to those persons having a dealer agreement to sell
new vessels or new motors in this state.
C. 1. Applications for licenses required to be obtained
pursuant to the provisions of this section shall be verified by the
oath or affirmation of the applicant and shall be on forms
prescribed by Service Oklahoma and furnished to such applicants, and
shall contain such information as Service Oklahoma deems necessary
to enable it to fully determine the qualifications and eligibility
of the applicant to receive the license requested. Service Oklahoma
shall require in such application, or otherwise, information
relating to:
a. the applicant's financial standing,
b. the applicant's business integrity,
c. whether the applicant has an established place of
business and is primarily engaged in the pursuit,
avocation or business for which a license or licenses
have been requested,
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d. whether the applicant is able to properly conduct the
business for which a license or licenses have been
requested, and
e. such other pertinent information consistent with the
safeguarding of the public interest and the public
welfare.
All such applications for license or licenses shall be
accompanied by the appropriate fee or fees therefor in accordance
with the schedule set out in Section 4034 of this title.
2. In the event any such application is denied and the license
for which requested is not issued, the entire license fee shall be
returned to the applicant.
3. All licenses issued under the provisions of the Oklahoma
Vessel and Motor Registration Act and the Uniform Certificate of
Title for Vessels Act shall expire on December 31 following the date
of issue and shall be nontransferable. All applications for renewal
of a license issued pursuant to the provisions of this section shall
be submitted by December 1 of each year, and such license will be
issued by January 1. If applications have not been made for renewal
of licenses by December 31 of each year it shall be illegal for any
person to sell or to serve in the capacity or act as a dealer. If
after January 31 of each year the license has not been renewed or
the renewal paid, then such licensee shall be required to apply for
a license as a new applicant. Licensed operators will be notified
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not to accept such dealers' titles until such time as licenses have
been issued by Service Oklahoma. Provided, however, such dealers
may transfer titles to vessels or motors purchased for resale prior
to the expiration of their license. Such dealer shall provide the
purchaser with a copy of the invoice showing purchase of the vessel
or motor prior to the expiration of the dealer's license. Such
transfers shall only be allowed within two (2) years of the license
expiration.
D. Application for a dealer's license must show that such
dealer has not violated any of the provisions of this section.
E. Service Oklahoma may require every person licensed as a
dealer, pursuant to the provisions of this subsection, to make a
report to Service Oklahoma within a period of seven (7) days after
the transfer by such person of the legal ownership of every vessel
or motor upon a form prescribed and furnished by Service Oklahoma,
showing the name and address of the purchaser, a description of the
vessel or motor, including but not limited to the make, model, year
made, permanent vessel number or motor number, as the case might be,
the date of the transfer and such other information as the
Commission may require, and containing a certificate signed by the
seller that the purchaser was given notice at the time of the sale
or transfer that the purchaser is required by law to obtain a
certificate of title for such vessel or motor from Service Oklahoma
within thirty (30) calendar days after such sale or transfer.
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Service Oklahoma may cancel or suspend, in the manner provided by
law, the license of any person licensed as a dealer pursuant to the
provisions of this section who fails or refuses to comply with the
provisions of this section. Dealers failing to comply with
provisions of this section shall be responsible for all taxes due on
such sales or on such vessels or motors.
F. The license of each dealer shall be posted in a conspicuous
place in the dealer's place or places of business.
G. 1. A new dealer's license authorizes a dealer to transfer,
purchase and sell new and used vessels and motors.
2. A used dealer's license authorizes a dealer to transfer,
purchase and sell used vessels and motors.
3. A new dealer's license or a used dealer's license authorizes
a dealer to transfer and assign titles and purchase new and used
vessels and motors without paying excise tax.
H. Any dealer agreement executed or renewed on and after the
effective date of this act shall comply with the provisions of the
Oklahoma Vessel and Motor Registration Act and the Uniform
Certificate of Title for Vessels Act.
SECTION 46. AMENDATORY 63 O.S. 2021, Section 4036, is
amended to read as follows:
Section 4036. A. When a registration expires on a used vessel
or motor while in the possession of a dealer, the dealer shall affix
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a dealer's demonstration permit to such vessel or motor whenever the
vessel or motor is used for demonstration.
B. Upon the purchase or transfer of ownership of an out-of-
state used vessel or motor by a dealer, or the purchase or transfer
of ownership of a vessel or motor which does not have a certificate
of title or a certificate of registration the dealer shall make
application for an Oklahoma certificate of title pursuant to the
Uniform Certificate of Title for Vessels Act and the Oklahoma Vessel
and Motor Registration Act, Section 4002 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 vessel or motor purchased in another state
which will not be operated or sold in this state.
C. Upon sale or transfer of ownership of the used vessel or
motor, 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 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 vessels or motors but shall
not relieve any other property of the dealer from ad valorem
taxation.
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D. Upon sale of a used vessel or motor to another licensed
dealer, the selling dealer shall place the tax stamp required in
subsection C of this section upon the certificate of title.
E. The purchaser of every used vessel or motor except as
otherwise provided by law, shall obtain registration and title for
the vessel or motor within thirty (30) calendar days from the date
of purchase of same.
SECTION 47. AMENDATORY 63 O.S. 2021, Section 4041, as
amended by Section 226, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4041), is amended to read as follows:
Section 4041. Service Oklahoma may deny an application for a
license, or revoke or suspend a license or impose a fine not to
exceed Five Hundred Dollars ($500.00) against a dealer for each day
that any provision of this section or Sections 4033 through 4040 of
this title is violated or for any of the following reasons:
1. On satisfactory proof of unfitness of the applicant in any
application for any license pursuant to the provisions of the
Oklahoma Vessel and Motor Registration Act or the Uniform
Certificate of Title for Vessels Act;
2. For any material misstatement made by an applicant in any
application for any license pursuant to the provisions of the
Oklahoma Vessel and Motor Registration Act;
3. For any failure to comply with any provision of the Oklahoma
Vessel and Motor Registration Act or the Uniform Certificate of
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Title for Vessels Act or any rule promulgated by Service Oklahoma
under authority vested in it by the Uniform Certificate of Title for
Vessels Act or the Oklahoma Vessel and Motor Registration Act,
Section 4002 et seq. of this title;
4. A change of condition after license is granted resulting in
failure to maintain the qualifications for license;
5. Being a dealer who:
a. has required a purchaser of a new vessel or motor, as
a condition of sale and delivery thereof, to also
purchase special features, appliances, accessories or
equipment not desired or requested by the purchaser
and installed by the dealer,
b. uses any false or misleading advertising in connection
with his business as such a dealer,
c. has committed any unlawful act which resulted in the
revocation of any similar license in another state,
d. has failed or refused to perform any written agreement
with any retail buyer involving the sale of a vessel
or motor,
e. has been convicted of a crime involving moral
turpitude,
f. has committed a fraudulent act in selling, purchasing,
or otherwise dealing in vessels or motors or has
misrepresented the terms and conditions of a sale,
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purchase, or contract for sale or purchase of a vessel
or motor or any interest therein including an option
to purchase such vessel or motor, or
g. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license;
6. Being a dealer who does not have an established place of
business;
7. Being a new vessel or new motor dealer who:
a. does not provide for a suitable repair shop separate
from the display room with ample space to repair or
recondition one or more vessels or motors at the same
time, and which is equipped with such parts, tools and
equipment as may be requisite for the servicing of
vessels or motors in such a manner as to make them
comply with the safety laws of this state and to
properly fulfill the dealer's or manufacturer's
warranty obligation. Provided that the provisions of
this subparagraph shall not apply to:
(1) mercantile establishments engaged in the selling
of vessels and motors if:
(a) such vessel and motor business does not
constitute more than ten percent (10%) of
the business of such establishment,
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(b) the vessels sold at such establishment are
under fourteen (14) feet in length, and
(c) the outboard motors sold at such
establishment are under ten (10) horsepower,
or
(2) dealers which are engaged solely in the business
of selling canoes. For the purposes of this
subsection, "canoe" shall mean a vessel that is
long relative to its width, that has curved sides
and is tapered to two (2) pointed ends, or is
tapered to one (1) pointed end and blunt on the
other end, and is generally of traditional shape,
b. does not hold a dealer agreement in effect with a
manufacturer or distributor of new vessels or motors
for the sale of the same and is not authorized by the
manufacturer or distributor to render predelivery
preparation of such vessels or motors sold to
purchasers and to perform any authorized post-sale
work pursuant to the manufacturer's or distributor's
warranty, or
c. does not properly service a new vessel or motor before
delivery of same to the original purchaser thereof.
SECTION 48. AMENDATORY 63 O.S. 2021, Section 4106, is
amended to read as follows:
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Section 4106. An original or a transfer certificate of title
shall be issued without the payment of the excise tax levied by this
act for:
1. Any vessel or motor owned by a nonresident which is already
registered in another state and has been in Oklahoma for a period in
excess of sixty (60) calendar days in any single registration year.
2. Any vessel or motor brought into this state by a person
formerly living in another state, who has owned and registered said
vessel or motor in such other state of his residence at least sixty
(60) calendar days prior to the time it is required to be registered
in this state;
3. Any vessel or motor registered by the United States, State
of Oklahoma or by any of the political subdivisions thereof;
4. Any vessel or motor the legal ownership of which is obtained
by the applicant for a certificate of title by inheritance;
5. Any vessel or motor which is owned and being offered for
sale by a person licensed as a dealer under the provisions of the
Uniform Certificate of Title for Vessels Act and the Oklahoma Vessel
and Motor Registration Act, registered in Oklahoma and the excise
tax paid thereon;
6. Any vessel or motor, the ownership of which was obtained by
the lienholder or mortgagee under or by foreclosure of a lien or
mortgage in the manner provided by law or to the insurer under
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subrogated rights arising by reason of loss under an insurance
contract;
7. Any vessel or motor, the legal ownership of which is
obtained by transfers:
a. from one corporation to another corporation pursuant
to a reorganization. As used in this section, the
term "reorganization" means:
(1) a statutory merger or consolidation, or
(2) the acquisition by a corporation of substantially
all of the properties of another corporation when
the sole consideration is all or a part of the
voting stock of the acquiring corporation, or of
its parent or subsidiary corporation;
b. in connection with the winding up, dissolution or
liquidation of a corporation only when there is a
distribution in kind to the shareholders of the
property of such corporation;
c. to a corporation for the purpose of organization of
such corporation when the former owners of the vessel
or motor transferred are immediately after the
transfer in control of the corporation, and the stock
or securities received by each is substantially in
proportion to his interest in the vessel or motor
prior to the transfer;
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d. to a partnership in the organization of such
partnership if the former owners of the vessel or
motor transferred are, immediately after the transfer,
members of such partnership and the interest in the
partnership received by each is substantially in
proportion to his interest in the vessel or motor
prior to the transfer;
e. from a partnership to the members thereof when made in
the dissolution of such partnership;
8. All vessels or motors owned by the council organizations or
similar state supervisory organizations of the Boy Scouts of
America, Girl Scouts of U.S.A. and the Campfire Girls; and
9. All vessels or motors owned 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.
SECTION 49. AMENDATORY 63 O.S. 2021, Section 4107, is
amended to read as follows:
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Section 4107. A. The excise tax levied by the Oklahoma Vessel
and Motor Excise Tax Act is in lieu of all other taxes on the
transfer or the first registration in this state of vessels and
motors, including the optional equipment and accessories attached
thereto at the time of the sale and sold as a part thereof, except:
1. Vessel and motor registration fees levied pursuant to the
provisions of the Uniform Certificate of Title for Vessels Act and
the Oklahoma Vessel and Motor Registration Act; and
2. Any fees for the issuance of either an original, renewal,
transfer or duplicate certificate of title.
B. This section shall not relieve any vessel or motor dealer
from liability for the sales tax on all sales of accessories or
optional equipment, or parts, which are not attached to and sold as
a part thereof and included in the sale of such vessels or motors.
SECTION 50. AMENDATORY 63 O.S. 2021, Section 4204, as
amended by Section 233, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4204), is amended to read as follows:
Section 4204. A. The provisions of the Oklahoma Boating Safety
Regulation Act shall apply to the waters of this state under the
jurisdiction of the Grand River Dam Authority, provided, the
Department of Public Safety may have jurisdiction to administer and
enforce the provisions of the Oklahoma Boating Safety Regulation Act
upon waters of this state under the jurisdiction of the Grand River
Dam Authority. The administration and enforcement of the Oklahoma
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Boating Safety Regulation Act upon the waters under the jurisdiction
of the Grand River Dam Authority are vested in the Grand River Dam
Authority. Said Authority, and its employees, shall, except as
otherwise provided in this section, have the same authority with
respect to the enforcement and administration of the Oklahoma
Boating Safety Regulation Act upon such waters as are vested by the
Oklahoma Boating Safety Regulation Act in Service Oklahoma with
respect to the other waters of this state.
B. The Authority may be designated by Service Oklahoma as a
licensed operator to award numbers and issue certificates of title
and registration for vessels and motors in accordance with the
provisions of the Uniform Certificate of Title for Vessels Act and
the Oklahoma Vessel and Motor Registration Act and with any rules
and regulations of Service Oklahoma either from blocks of numbers
and certificates assigned to said Authority by Service Oklahoma or
such other method as shall be prescribed by Service Oklahoma. The
Authority shall remit all fees collected by it pursuant to this
section to Service Oklahoma to be apportioned and deposited in
accordance with the provisions of the Oklahoma Vessel and Motor
Registration Act.
SECTION 51. AMENDATORY 68 O.S. 2021, Section 2805, is
amended to read as follows:
Section 2805. The following fees or taxes levied by the
provisions of the Oklahoma Statutes shall be in lieu of ad valorem
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tax, whether in lieu of real property tax, personal property tax, or
both as provided by law:
1. The registration fees and taxes imposed upon aircraft by
Section 251 et seq. of Title 3 of the Oklahoma Statutes;
2. Registration fees for motor vehicles as provided in Section
1103 of Title 47 of the Oklahoma Statutes, except as otherwise
specifically provided;
3. The fee imposed upon transfers of used vehicles in lieu of
the ad valorem tax upon inventories of used motor vehicles by
Section 1137.1 of Title 47 of the Oklahoma Statutes;
4. The registration and license fees imposed upon vessels and
motors pursuant to the Uniform Certificate of Title for Vessels Act
and the Oklahoma Vessel and Motor Registration Act, Section 4001 et
seq. of Title 63 of the Oklahoma Statutes;
5. The taxes levied upon the gross production of substances
pursuant to Section 1001 of this title;
6. The taxes levied upon the gross production of substances
pursuant to Section 1020 of this title;
7. The tax imposed upon gross receipts pursuant to Section 1803
of this title;
8. The tax imposed upon certain textile products pursuant to
Section 2001 of this title;
9. The tax imposed upon certain freight cars pursuant to
Section 2202 of this title;
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10. The tax imposed on certain parts of the inventories, both
new and used items, owned and/or possessed for sale by retailers of
farm tractors and other equipment pursuant to Sections 1 5401
through 4 5404 of this act title;
11. The tax imposed upon inventories of new vehicles and
certain vessels pursuant to Section 5301 of this title; and
12. Such other fees or taxes as may be expressly provided by
law to be in lieu of ad valorem taxation.
SECTION 52. AMENDATORY 68 O.S. 2021, Section 5301, is
amended to read as follows:
Section 5301. A. A tax is hereby imposed in lieu of the ad
valorem tax on the inventories of new automobiles, new trucks, new
travel trailers, new manufactured homes, new recreational vehicles
and new motorcycles owned and/or possessed for sale by Oklahoma
licensed dealers, licensed under the Oklahoma Vehicle License and
Registration Act, and on the inventories of new vessels and new
motors owned and/or possessed for sale by Oklahoma licensed dealers
licensed pursuant to the Uniform Certificate of Title for Vessels
Act and the Oklahoma Vessel and Motor Registration Act. Said tax
shall be paid by the dealer on such new vehicles in lieu of the
annual ad valorem tax assessment of his average inventory of new
vehicles, new manufactured homes, new recreational vehicles, new
vessels and new motors, but shall not relieve any other property of
the dealer from ad valorem taxation.
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B. Used motor vehicle dealers shall pay a tax in lieu of the ad
valorem tax on inventories of used motor vehicles as provided for in
Section 1137.1 of Title 47 of the Oklahoma Statutes.
SECTION 53. AMENDATORY 68 O.S. 2021, Section 5306, is
amended to read as follows:
Section 5306. When used in this act, the terms "automobile",
"truck", "manufactured home", "travel trailer" and "motorcycle"
shall have the meanings as same are respectively defined in the
Oklahoma Vehicle License and Registration Act, and the terms "new
automobile", "new truck", "new motorcycle", "new manufactured home"
and "new recreational vehicle" shall be given the same meaning as
the term "new vehicle" is defined in the Oklahoma Vehicle License
and Registration Act. Vessel and motors shall have the same
meanings as in the Uniform Certificate of Title for Vessels Act and
the Oklahoma Vessel and Motor Registration Act. The term "truck"
shall also include truck-tractors and farm trucks, but this act
shall not be construed as relieving or exempting from ad valorem
taxation the inventory of dealers in special mobilized machinery,
motor homes or any other similar self-propelled vehicles.
SECTION 54. RECODIFICATION 63 O.S. 2021, Section 4014,
as amended by Section 209, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 4014), shall be recodified as Section 4078 of Title 63
of the Oklahoma Statutes, unless there is created a duplication in
numbering.
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SECTION 55. RECODIFICATION Section 2, Chapter 71, O.S.L.
2023 (63 O.S. Supp. 2025, Section 4012.1), shall be recodified as
Section 4079 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 56. REPEALER 63 O.S. 2021, Sections 4008, as
amended by Section 204, Chapter 282, O.S.L. 2022, 4009, as amended
by Section 205, Chapter 282, O.S.L. 2022, 4012, as amended by
Section 207, Chapter 282, O.S.L. 2022, and 4013 as amended by
Section 208, Chapter 282, O.S.L. 2022 (63 O.S. Supp. 2025, Sections
4008, 4009, 4012, and 4013), are hereby repealed.
SECTION 57. This act shall become effective November 1, 2028.
Passed the House of Representatives the 9th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate