Text of OK SB 1196 (2023)
Multiple versions of statutes; amending, merging, consolidating and repealing multiple versions of statutes. Emergency.
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As introduced
957,857 characters
Req. No. 1475
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1196
By: Howard
AS INTRODUCED
Act relating to multiple versions of statutes;
amending, merging, consolidating, and repealing
multiple versions of statutes; repealing 12 O.S.
2021, Section 1439, as last amended by Section 15,
Chapter 190, O.S.L. 2022 (12 O.S. Supp. 2022, Section
1439); repealing 21 O.S. 2021, Section 1111, as last
amended by Section 5, Chapter 228, O.S.L. 2022 (21
O.S. Supp. 2022, Section 1111); amending 22 O.S.
2021, Section 18, as last amended by Section 1,
Chapter 50, O.S.L. 2022 (22 O.S. Supp. 2022, Section
18); repealing 22 O.S. 2021, Section 18, as last
amended by Section 1, Chapter 143, O.S.L. 2022 (22
O.S. Supp. 2022, Section 18); amending 22 O.S. 2021,
Section 60.1, as last amended by Section 5, Chapter
318, O.S.L. 2022 (22 O.S. Supp. 2022, Section 60.1);
repealing 22 O.S. 2021, Section 60.1, as last amended
by Section 2, Chapter 246, O.S.L. 2022 (22 O.S. Supp.
2022, Section 60.1); repealing 26 O.S. 2021, Section
4-120.2, as last amended by Section 19, Chapter 282,
O.S.L. 2022 (26 O.S. Supp. 2022, Section 4-120.2);
amending 26 O.S. 2021, Section 14-101.1, as last
amended by Section 4, Chapter 291, O.S.L. 2022 (26
O.S. Supp. 2022, Section 14-101.1); repealing 26 O.S.
2021, Section 14-101.1, as last amended by Section 2,
Chapter 83, O.S.L. 2022 (26 O.S. Supp. 2022, Section
14-101.1); amending 26 O.S. 2021, Section 14-115, as
last amended by Section 1, Chapter 305, O.S.L. 2022
(26 O.S. Supp. 2022, Section 14-115); repealing 26
O.S. 2021, Section 14-115, as last amended by Section
4, Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 14-115); amending 26 O.S. 2021, Section 14-
115.1, as last amended by Section 2, Chapter 305,
O.S.L. 2022 (26 O.S. Supp. 2022, Section 14-115.1);
repealing 26 O.S. 2021, Section 14-115.1, as last
amended by Section 5, Chapter 292, O.S.L. 2022 (26
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O.S. Supp. 2022, Section 14-115.1); amending 26 O.S.
2021, Section 14-115.6, as last amended by Section 6,
Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2022, Section
14-115.6); repealing 26 O.S. 2021, Section 14-115.6,
as last amended by Section 3, Chapter 305, O.S.L.
2022 (26 O.S. Supp. 2022, Section 14-115.6); amending
27A O.S. 2021, Section 2-6-103, as amended by Section
5, Chapter 185, O.S.L. 2022; repealing 27A O.S. 2021,
Section 2-6-103, as last amended by Section 2,
Chapter 113, O.S.L. 2022 (27A O.S. Supp. 2022,
Section 2-6-103); amending 47 O.S. 2021, Section 6-
101, as last amended by Section 37, Chapter 282,
O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-101);
repealing 47 O.S. 2021, Section 6-101, as last
amended by Section 1, Chapter 263, O.S.L. 2022 (47
O.S. Supp. 2022, Section 6-101); amending 47 O.S.
2021, Section 6-102, as last amended by Section 10,
Chapter 132, O.S.L. 2022 (47 O.S. Supp. 2022, Section
6-102); repealing 47 O.S. 2021, Section 6-102, as
last amended by Section 39, Chapter 282, O.S.L. 2022
(47 O.S. Supp. 2022, Section 6-102); amending 47 O.S.
2021, Section 6-105.3, as last amended by Section 44,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
6-105.3); repealing 47 O.S. 2021, Section 6-105.3, as
last amended by Section 1, Chapter 65, O.S.L. 2022
(47 O.S. Supp. 2022, Section 6-105.3); amending 47
O.S. 2021, Section 6-111, as last amended by Section
53, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-111); repealing 47 O.S. 2021, Section 6-
111, as last amended by Section 1, Chapter 200,
O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-111);
amending 47 O.S. 2021, Section 6-205.2, as last
amended by Section 2, Chapter 409, O.S.L. 2022 (47
O.S. Supp. 2022, Section 6-205.2); repealing 47 O.S.
2021, Section 6-205.2, as last amended by Section 1,
Chapter 175, O.S.L. 2022 (47 O.S. Supp. 2022, Section
6-205.2); repealing 47 O.S. 2021, Section 6-205.2, as
last amended by Section 68, Chapter 282, O.S.L. 2022
(47 O.S. Supp. 2022, Section 6-205.2); amending 47
O.S. 2021, Section 6-211, as last amended by Section
2, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-211); repealing 47 O.S. 2021, Section 6-
211, as last amended by Section 72, Chapter 282,
O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-211);
amending 47 O.S. 2021, Section 584, as last amended
by Section 4, Chapter 192, O.S.L. 2022 (47 O.S. Supp.
2022, Section 584); repealing 47 O.S. 2021, Section
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584, as last amended by Section 5, Chapter 107,
O.S.L. 2022 (47 O.S. Supp. 2022, Section 584);
amending 47 O.S. 2021, Section 1102, as last amended
by Section 106, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1102); repealing 47 O.S. 2021,
Section 1102, as last amended by Section 19, Chapter
107, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1102);
amending 47 O.S. 2021, Section 1104, as last amended
by Section 1, Chapter 363, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1104); repealing 47 O.S. 2021, Section
1104, as last amended by Section 107, Chapter 282,
O.S.L. 2022 (47 O.S. Supp. 2022, Section 1104);
amending 47 O.S. 2021, Section 1105, as last amended
by Section 110, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1105); repealing 47 O.S. 2021,
Section 1105, as last amended by Section 1, Chapter
47, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1105);
amending 47 O.S. 2021, Section 1105A, as last amended
by Section 113, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1105A); repealing 47 O.S. 2021,
Section 1105A, as last amended by Section 1, Chapter
179, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1105A);
amending 47 O.S. 2021, Section 1107, as last amended
by Section 115, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1107); repealing 47 O.S. 2021,
Section 1107, as last amended by Section 20, Chapter
107, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1107);
amending 47 O.S. 2021, Section 1110, as last amended
by Section 122, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1110); repealing 47 O.S. 2021,
Section 1110, as last amended by Section 1, Chapter
204, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1110);
amending 47 O.S. 2021, Section 1113, as last amended
by Section 127, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1113); repealing 47 O.S. 2021,
Section 1113, as last amended by Section 3, Chapter
214, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1113);
amending 47 O.S. 2021, Section 1128, as last amended
by Section 142, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1128); repealing 47 O.S. 2021,
Section 1128, as last amended by Section 21, Chapter
107, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1128);
amending 47 O.S. 2021, Section 1132, as last amended
by Section 146, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 1132); repealing 47 O.S. 2021,
Section 1132, as last amended by Section 14, Chapter
228, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1132);
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amending 47 O.S. 2021, Section 1135.1, as last
amended by Section 1, Chapter 392, O.S.L. 2022 (47
O.S. Supp. 2022, Section 1135.1); repealing 47 O.S.
2021, Section 1135.1, as last amended by Section 160,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1135.1); repealing 47 O.S. 2021, Section 1135.1, as
amended by Section 2, Chapter 188, O.S.L. 2021;
amending 47 O.S. 2021, Section 1135.2, as last
amended by Section 161, Chapter 282, O.S.L. 2022 (47
O.S. Supp. 2022, Section 1135.2); repealing 47 O.S.
2021, Section 1135.2, as last amended by Section 2,
Chapter 397, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1135.2); repealing 47 O.S. 2021, Section 1135.2, as
last amended by Section 2, Chapter 392, O.S.L. 2022
(47 O.S. Supp. 2022, Section 1135.2); repealing 47
O.S. 2021, Section 1135.2, as amended by Section 3,
Chapter 188, O.S.L. 2021; amending 47 O.S. 2021,
Section 1135.3, as amended by Section 162, Chapter
282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1135.3); repealing 47 O.S. 2021, Section 1135.3, as
amended by Section 5, Chapter 276, O.S.L. 2021;
repealing 47 O.S. 2021, Section 1135.3, as amended by
Section 4, Chapter 188, O.S.L. 2021; amending 47 O.S.
2021, Section 1135.4, as last amended by Section 163,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1135.4); repealing 47 O.S. 2021, Section 1135.4, as
last amended by Section 3, Chapter 392, O.S.L. 2022
(47 O.S. Supp. 2022, Section 1135.4); repealing 47
O.S. 2021, Section 1135.4, as amended by Section 5,
Chapter 188, O.S.L. 2021; amending 47 O.S. 2021,
Section 1135.5, as last amended by Section 164,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1135.5); repealing 47 O.S. 2021, Section 1135.5, as
amended by Section 4, Chapter 143, O.S.L. 2021;
repealing 47 O.S. 2021, Section 1135.5, as amended by
Section 6, Chapter 188, O.S.L. 2021; repealing 47
O.S. 2021, Section 1135.5, as amended by Section 7,
Chapter 276, O.S.L. 2021; repealing 47 O.S. 2021,
Section 1135.5, as last amended by Section 3, Chapter
397, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1135.5); repealing 47 O.S. 2021, Section 1135.6, as
amended by Section 7, Chapter 188, O.S.L. 2021;
amending 47 O.S. 2021, Section 1135.7, as amended by
Section 166, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.7); repealing 47 O.S. 2021,
Section 1135.7, as amended by Section 8, Chapter 188,
O.S.L. 2021; repealing 47 O.S. 2021, Section 1135.7,
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as amended by Section 9, Chapter 276, O.S.L. 2021;
amending 47 O.S. 2021, Section 1137.1, as last
amended by Section 22, Chapter 107, O.S.L. 2022 (47
O.S. Supp. 2022, Section 1137.1); repealing 47 O.S.
2021, Section 1137.1, as last amended by Section 170,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1137.1); repealing 47 O.S. 2021, Section 1141.1, as
last amended by Section 16, Chapter 228, O.S.L. 2022
(47 O.S. Supp. 2022, Section 1141.1); amending 47
O.S. 2021, Section 1151, as last amended by Section
189, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1151); repealing 47 O.S. 2021, Section 1151,
as last amended by Section 2, Chapter 221, O.S.L.
2022 (47 O.S. Supp. 2022, Section 1151); amending 51
O.S. 2021, Section 152, as last amended by Section
18, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 152); repealing 51 O.S. 2021, Section 152, as
last amended by Section 1, Chapter 183, O.S.L. 2022
(51 O.S. Supp. 2022, Section 152); amending 51 O.S.
2021, Section 255, as last amended by Section 12,
Chapter 321, O.S.L. 2022 (51 O.S. Supp. 2022, Section
255); repealing 51 O.S. 2021, Section 255, as last
amended by Section 16, Chapter 190, O.S.L. 2022 (51
O.S. Supp. 2022, Section 255); amending 59 O.S. 2021,
Section 15.1A, as last amended by Section 1, Chapter
26, O.S.L. 2022 (59 O.S. Supp. 2022, Section 15.1A);
repealing 59 O.S. 2021, Section 15.1A, as last
amended by Section 1, Chapter 22, O.S.L. 2022 (59
O.S. Supp. 2022, Section 15.1A); amending 61 O.S.
2021, Section 60, as last amended by Section 6,
Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2022, Section
60); repealing 61 O.S. 2021, Section 60, as last
amended by Section 1, Chapter 223, O.S.L. 2022 (61
O.S. Supp. 2022, Section 60); amending 61 O.S. 2021,
Section 202, as last amended by Section 28, Chapter
238, O.S.L. 2022 (61 O.S. Supp. 2022, Section 202);
repealing 61 O.S. 2021, Section 202, as last amended
by Section 3, Chapter 223, O.S.L. 2022 (61 O.S. Supp.
2022, Section 202); amending 62 O.S. 2021, Section
3103, as last amended by Section 1, Chapter 255,
O.S.L. 2022 (62 O.S. Supp. 2022, Section 3103);
repealing 62 O.S. 2021, Section 3103, as last amended
by Section 1, Chapter 96, O.S.L. 2022 (62 O.S. Supp.
2022, Section 3103); repealing 62 O.S. 2021, Section
3103, as last amended by Section 1, Chapter 232,
O.S.L. 2022 (62 O.S. Supp. 2022, Section 3103);
repealing 62 O.S. 2021, Section 3103, as last amended
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by Section 1, Chapter 306, O.S.L. 2022 (62 O.S. Supp.
2022, Section 3103); amending 63 O.S. 2021, Section
1-311, as last amended by Section 1, Chapter 87,
O.S.L. 2022 (63 O.S. Supp. 2022, Section 1-311);
repealing 63 O.S. 2021, Section 1-311, as last
amended by Section 1, Chapter 215, O.S.L. 2022 (63
O.S. Supp. 2022, Section 1-311); amending 63 O.S.
2021, Section 1-317, as last amended by Section 1,
Chapter 184, O.S.L. 2022 (63 O.S. Supp. 2022, Section
1-317); repealing 63 O.S. 2021, Section 1-317, as
last amended by Section 36, Chapter 228, O.S.L. 2022
(63 O.S. Supp. 2022, Section 1-317); amending 63 O.S.
2021, Section 427.3, as last amended by Section 8,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.3); repealing 63 O.S. 2021, Section 427.3, as
last amended by Section 1, Chapter 342, O.S.L. 2022
(63 O.S. Supp. 2022, Section 427.3); amending 63 O.S.
2021, Section 427.4, as last amended by Section 9,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.4); repealing 63 O.S. 2021, Section 427.4, as
last amended by Section 32, Chapter 228, O.S.L. 2022
(63 O.S. Supp. 2022, Section 427.4); amending 63 O.S.
2021, Section 427.16, as last amended by Section 16,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.16); repealing 63 O.S. 2021, Section 427.16, as
last amended by Section 34, Chapter 228, O.S.L. 2022
(63 O.S. Supp. 2022, Section 427.16); amending 63
O.S. 2021, Section 427.17, as last amended by Section
1, Chapter 351, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 427.17); repealing 63 O.S. 2021, Section
427.17, as last amended by Section 1, Chapter 353,
O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.17);
amending 63 O.S. 2021, Section 427.18, as last
amended by Section 2, Chapter 141, O.S.L. 2022 (63
O.S. Supp. 2022, Section 427.18); repealing 63 O.S.
2021, Section 427.18, as last amended by Section 18,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.18); amending 68 O.S. 2021, Section 1353, as last
amended by Section 3, Chapter 412, O.S.L. 2022 (68
O.S. Supp. 2022, Section 1353); repealing 68 O.S.
2021, Section 1353, as last amended by Section 1,
Chapter 240, O.S.L. 2022 (68 O.S. Supp. 2022, Section
1353); amending 68 O.S. 2021, Section 1356, as last
amended by Section 1, Chapter 314, O.S.L. 2022 (68
O.S. Supp. 2022, Section 1356); repealing 68 O.S.
2021, Section 1356, as last amended by Section 1,
Chapter 295, O.S.L. 2022 (68 O.S. Supp. 2022, Section
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1356); repealing 68 O.S. 2021, Section 1356, as last
amended by Section 1, Chapter 394, O.S.L. 2022 (68
O.S. Supp. 2022, Section 1356); amending 68 O.S.
2021, Section 2101, as last amended by Section 235,
Chapter 282, O.S.L. 2022 (68 O.S. Supp. 2022, Section
2101); repealing 68 O.S. 2021, Section 2101, as last
amended by Section 23, Chapter 107, O.S.L. 2022 (68
O.S. Supp. 2022, Section 2101); amending 68 O.S.
2021, Section 2358, as last amended by Section 2,
Chapter 341, O.S.L. 2022 (68 O.S. Supp. 2022, Section
2358); repealing 68 O.S. 2021, Section 2358, as last
amended by Section 1, Chapter 377, O.S.L. 2022 (68
O.S. Supp. 2022, Section 2358); amending 70 O.S.
2021, Section 6-122.3, as last amended by Section 1,
Chapter 121, O.S.L. 2022 (70 O.S. Supp. 2022, Section
6-122.3); repealing 70 O.S. 2021, Section 6-122.3, as
last amended by Section 1, Chapter 220, O.S.L. 2022
(70 O.S. Supp. 2022, Section 6-122.3); amending 70
O.S. 2021, Section 6-187, as last amended by Section
49, Chapter 228, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 6-187); repealing 70 O.S. 2021, Section 6-
187, as last amended by Section 4, Chapter 220,
O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-187);
amending 70 O.S. 2021, Section 11-103.6, as last
amended by Section 51, Chapter 228, O.S.L. 2022 (70
O.S. Supp. 2022, Section 11-103.6); repealing 70 O.S.
2021, Section 11-103.6, as last amended by Section 1,
Chapter 122, O.S.L. 2022 (70 O.S. Supp. 2022, Section
11-103.6); amending 70 O.S. 2021, Section 3247, as
last amended by Section 1, Chapter 23, O.S.L. 2022
(70 O.S. Supp. 2022, Section 3247); repealing 70 O.S.
2021, Section 3247, as last amended by Section 1,
Chapter 210, O.S.L. 2022 (70 O.S. Supp. 2022, Section
3247); amending 74 O.S. 2021, Section 18b, as last
amended by Section 1, Chapter 100, O.S.L. 2022 (74
O.S. Supp. 2022, Section 18b); repealing 74 O.S.
2021, Section 18b, as last amended by Section 1,
Chapter 296, O.S.L. 2022 (74 O.S. Supp. 2022, Section
18b); amending 82 O.S. 2021, Section 1085.30, as last
amended by Section 6, Chapter 185, O.S.L. 2022 (82
O.S. Supp. 2022, Section 1085.30); repealing 82 O.S.
2021, Section 1085.30, as last amended by Section 4,
Chapter 113, O.S.L. 2022 (82 O.S. Supp. 2022, Section
1085.30); and declaring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. REPEALER 12 O.S. 2021, Section 1439, as last
amended by Section 15, Chapter 190, O.S.L. 2022 (12 O.S. Supp. 2022,
Section 1439), is hereby repealed.
SECTION 2. REPEALER 21 O.S. 2021, Section 1111, as last
amended by Section 5, Chapter 228, O.S.L. 2022 (21 O.S. Supp. 2022,
Section 1111), is hereby repealed.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 18, as last
amended by Section 1, Chapter 50, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 18), is amended to read as follows:
Section 18. A. Persons authorized to file a motion for
expungement, as provided herein, must be within one of the following
categories:
1. The person has been acquitted;
2. The conviction was reversed with instructions to dismiss by
an appellate court of competent jurisdiction, or an appellate court
of competent jurisdiction reversed the conviction and the
prosecuting agency subsequently dismissed the charge;
3. The factual innocence of the person was established by the
use of deoxyribonucleic acid (DNA) evidence subsequent to
conviction, including a person who has been released from prison at
the time innocence was established;
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4. The person has received a full pardon by the Governor for
the crime for which the person was sentenced;
5. The person was arrested and no charges of any type,
including charges for an offense different than that for which the
person was originally arrested, are filed and the statute of
limitations has expired or the prosecuting agency has declined to
file charges;
6. The person was under eighteen (18) years of age at the time
the offense was committed and the person has received a full pardon
for the offense;
7. The person was charged with one or more misdemeanor or
felony crimes, all charges have been dismissed, the person has never
been convicted of a felony, no misdemeanor or felony charges are
pending against the person and the statute of limitations for
refiling the charge or charges has expired or the prosecuting agency
confirms that the charge or charges will not be refiled; provided,
however, this category shall not apply to charges that have been
dismissed following the completion of a deferred judgment or delayed
sentence;
8. The person was charged with a misdemeanor, the charge was
dismissed following the successful completion of a deferred judgment
or delayed sentence, the person has never been convicted of a
felony, no misdemeanor or felony charges are pending against the
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person and at least one (1) year has passed since the charge was
dismissed;
9. The person was charged with a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes, the
charge was dismissed following the successful completion of a
deferred judgment or delayed sentence, the person has never been
convicted of a felony, no misdemeanor or felony charges are pending
against the person and at least five (5) years have passed since the
charge was dismissed;
10. The person was convicted of a misdemeanor offense, the
person was sentenced to a fine of less than Five Hundred One Dollars
($501.00) without a term of imprisonment or a suspended sentence,
the fine has been paid or satisfied by time served in lieu of the
fine, the person has not been convicted of a felony and no felony or
misdemeanor charges are pending against the person;
11. The person was convicted of a misdemeanor offense, the
person was sentenced to a term of imprisonment, a suspended sentence
or a fine in an amount greater than Five Hundred Dollars ($500.00),
the person has not been convicted of a felony, no felony or
misdemeanor charges are pending against the person and at least five
(5) years have passed since the end of the last misdemeanor
sentence;
12. The person was convicted of a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes, the
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person has not been convicted of any other felony, the person has
not been convicted of a separate misdemeanor in the last seven (7)
years, no felony or misdemeanor charges are pending against the
person and at least five (5) years have passed since the completion
of the sentence for the felony conviction;
13. The person was convicted of not more than two felony
offenses, none of which is a felony offense listed in Section 13.1
of Title 21 of the Oklahoma Statutes or any offense that would
require the person to register pursuant to the provisions of the Sex
Offenders Registration Act, no felony or misdemeanor charges are
pending against the person, and at least ten (10) years have passed
since the completion of the sentence for the felony conviction;
14. The person was charged with not more than two felony
offenses and the charges were dismissed following the successful
completion of a deferred judgment or delayed sentence, none of which
were felony offenses listed in Section 13.1 of Title 21 of the
Oklahoma Statutes or would require the person to register pursuant
to the provisions of the Sex Offenders Registration Act, no felony
or misdemeanor charges are pending against the person, and at least
ten (10) years have passed since the charges were dismissed;
15. The person has been charged or arrested or is the subject
of an arrest warrant for a crime that was committed by another
person who has appropriated or used the person’s name or other
identification without the person’s consent or authorization; or
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16. The person was convicted of a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes which was
subsequently reclassified as a misdemeanor under Oklahoma law, the
person is not currently serving a sentence for a crime in this state
or another state, at least thirty (30) days have passed since the
completion or commutation of the sentence for the crime that was
reclassified as a misdemeanor, any restitution ordered by the court
to be paid by the person has been satisfied in full, and any
treatment program ordered by the court has been successfully
completed by the person, including any person who failed a treatment
program which resulted in an accelerated or revoked sentence that
has since been successfully completed by the person or the person
can show successful completion of a treatment program at a later
date. Persons seeking an expungement of records under the
provisions of this paragraph may utilize the expungement forms
provided in Section 18a of this title.
B. For purposes of Section 18 et seq. of this title,
“expungement” shall mean the sealing of criminal records, as well as
any public civil record, involving actions brought by and against
the State of Oklahoma arising from the same arrest, transaction or
occurrence.
C. Beginning three (3) years after the effective date of this
act and subject to the availability of funds, individuals with clean
slate eligible cases shall be eligible to have their criminal
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records sealed automatically. For purposes of Section 18 et seq. of
this title, “clean slate eligible case” shall mean a case where each
charge within the case is pursuant to paragraph 1, 2, 3, 5, 6, 7, 8,
10, 11, 14 or 15, or 16 of subsection A of this section.
D. For purposes of seeking an expungement under the provisions
of paragraph 10, 11, 12 or 13 of subsection A of this section,
offenses arising out of the same transaction or occurrence shall be
treated as one conviction and offense.
D. E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11,
12, 13, 14, 15 and 16 of subsection A of this section shall be
sealed to the public but not to law enforcement agencies for law
enforcement purposes. Records expunged pursuant to paragraphs 8, 9,
10, 11, 12, 13 and 14 of subsection A of this section shall be
admissible in any subsequent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of the
records. Records expunged pursuant to paragraph 4 or 6 of
subsection A of this section may also include the sealing of Pardon
and Parole Board records related to an application for a pardon.
Such records shall be sealed to the public but not to the Pardon and
Parole Board.
SECTION 4. REPEALER 22 O.S. 2021, Section 18, as last
amended by Section 1, Chapter 143, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 18), is hereby repealed.
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SECTION 5. AMENDATORY 22 O.S. 2021, Section 60.1, as
last amended by Section 5, Chapter 318, O.S.L. 2022 (22 O.S. Supp.
2022, Section 60.1), is amended to read as follows:
Section 60.1. As used in the Protection from Domestic Abuse Act
and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7
of this title, and Section 150.12B of Title 74 of the Oklahoma
Statutes:
1. “Dating relationship” means intimate association, primarily
characterized by affectionate or sexual involvement. For purposes
of this act, a casual acquaintance or ordinary fraternization
between persons in a business or social context shall not constitute
a dating relationship;
2. “Domestic abuse” means any act of physical harm or the
threat of imminent physical harm which is committed by an adult,
emancipated minor, or minor child thirteen (13) years of age or
older against another adult, emancipated minor or minor child who is
currently or was previously an intimate partner or family or
household member;
3. “Family or household members” means:
a.
parents, including grandparents, stepparents, adoptive
parents and foster parents,
b.
children, including grandchildren, stepchildren,
adopted children and foster children,
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c.
persons otherwise related by blood or marriage living
in the same household, and
d.
persons otherwise related by blood or marriage, or
e.
persons not related by blood or marriage living in the
same household;
4. “Foreign protective order” means any valid order of
protection issued by a court of another state or a tribal court;
5. “Harassment” means a knowing and willful course or pattern
of conduct by a family or household member or an individual who is
or has been involved in a dating relationship with the person,
directed at a specific person which seriously alarms or annoys the
person, and which serves no legitimate purpose. The course of
conduct must be such as would cause a reasonable person to suffer
substantial emotional distress and must actually cause substantial
distress to the person. “Harassment” shall include, but not be
limited to, harassing or obscene telephone calls in violation of
Section 1172 of Title 21 of the Oklahoma Statutes and fear of death
or bodily injury;
6. “Intimate partner” means:
a.
current or former spouses,
b.
persons who are or were in a dating relationship,
c.
persons who are the biological parents of the same
child, regardless of their marital status or whether
they have lived together at any time, and
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d.
persons who currently or formerly lived together in an
intimate way, primarily characterized by affectionate
or sexual involvement. A sexual relationship may be
an indicator that a person is an intimate partner, but
is never a necessary condition;
7. “Living in the same household” means:
a.
persons who regularly reside in the same single-
dwelling unit,
b.
persons who resided in the same single-dwelling unit
within the past year, or
c.
persons who have individual lease agreements whereby
each person has his or her own private bedroom and
shares the common areas;
8. “Mutual protective order” means a final protective order or
orders issued to both a plaintiff who has filed a petition for a
protective order and a defendant included as the defendant in the
plaintiff’s petition restraining the parties from committing
domestic violence, stalking, harassment or rape against each other.
If both parties allege domestic abuse, violence, stalking,
harassment or rape against each other, the parties shall do so by
separate petition pursuant to Section 60.4 of this title;
8. 9. “Rape” means rape and rape by instrumentation in
violation of Sections 1111 and 1111.1 of Title 21 of the Oklahoma
Statutes;
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9. 10. “Stalking” means the willful, malicious, and repeated
following or harassment of a person by an adult, emancipated minor,
or minor thirteen (13) years of age or older, in a manner that would
cause a reasonable person to feel frightened, intimidated,
threatened, harassed, or molested and actually causes the person
being followed or harassed to feel terrorized, frightened,
intimidated, threatened, harassed or molested. Stalking also means
a course of conduct composed of a series of two or more separate
acts over a period of time, however short, evidencing a continuity
of purpose or unconsented contact with a person that is initiated or
continued without the consent of the individual or in disregard of
the expressed desire of the individual that the contact be avoided
or discontinued. Unconsented contact or course of conduct includes,
but is not limited to:
a.
maintaining a visual or physical proximity to the
individual,
b.
approaching or confronting that individual in a public
place or on private property,
c.
appearing at the workplace of the individual or
contacting the employer or coworkers of the
individual,
d.
appearing at the residence of the individual or
contacting the neighbors of the individual,
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e.
entering onto or remaining on property owned, leased
or occupied by the individual,
f.
contacting the individual by telephone, text message,
electronic message, electronic mail, or other means of
electronic communication or causing the telephone or
electronic device of the individual or the telephone
or electronic device of any other person to ring or
generate notifications repeatedly or continuously,
regardless of whether a conversation ensues,
g.
photographing, videotaping, audiotaping, or, through
any other electronic means, monitoring or recording
the activities of the individual. This subparagraph
applies regardless of where the act occurs,
h.
sending any physical or electronic material or
contacting the individual by any means, including any
message, comment, or other content posted on any
Internet site or web application,
i.
sending to a family member or member of the household
of the individual, or any current or former employer
of the individual, or any current or former coworker
of the individual, or any friend of the individual,
any physical or electronic material or contacting such
person by any means, including any message, comment,
or other content posted on any Internet site or web
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application, for the purpose of obtaining information
about, disseminating information about, or
communicating with the individual,
j.
placing an object on, or delivering an object to,
property owned, leased or occupied by the individual,
k.
delivering an object to a family member or member of
the household of the individual, or an employer,
coworker, or friend of the individual, or placing an
object on, or delivering an object to, property owned,
leased, or occupied by such a person with the intent
that the object be delivered to the individual, or
l.
causing a person to engage in any of the acts
described in subparagraphs a through k of this
paragraph; and
10. 11. “Victim support person” means a person affiliated with
a domestic violence, sexual assault or adult human sex trafficking
program, certified by the Attorney General or operating under a
tribal government, who provides support and assistance for a person
who files a petition under the Protection from Domestic Abuse Act.
SECTION 6. REPEALER 22 O.S. 2021, Section 60.1, as last
amended by Section 2, Chapter 246, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 60.1), is hereby repealed.
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SECTION 7. REPEALER 26 O.S. 2021, Section 4-120.2, as
last amended by Section 19, Chapter 282, O.S.L. 2022 (26 O.S. Supp.
2022, Section 4-120.2), is hereby repealed.
SECTION 8. AMENDATORY 26 O.S. 2021, Section 14-101.1, as
last amended by Section 4, Chapter 291, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-101.1), is amended to read as follows:
Section 14-101.1. A. For the purposes of this section,
“absentee ballot harvesting” means:
1. Collecting or obtaining an absentee ballot from another
person with the intent to submit, transmit or return the ballot to
election officials on behalf of that person;
2. Submitting, returning or transmitting an absentee ballot to
election officials on behalf of another person;
3. Collecting or obtaining an absentee ballot from another
person under a false pretense or promise of transmitting, returning
or submitting it to election officials on behalf of that person;
4. Requesting or receiving an absentee ballot on behalf of
another person;
5. Distributing an absentee ballot application or request to a
voter using the official letterhead of a candidate or elected
official;
6. Partially or fully completing an application for an absentee
ballot on behalf of another person without that person’s prior
consent; or
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7. Notarizing or witnessing more absentee ballots than allowed
by law.
B. Absentee ballot harvesting shall be unlawful at any election
conducted by a county election board, the State Election Board or
any political subdivision of this state; provided, the following
shall not be deemed to be ballot harvesting:
1. A voter’s assistant or agent acting pursuant to law as
otherwise allowed by this title;
2. An absentee voting board member, as described in this title,
who assists a voter confined to a nursing home or veterans center
State Veterans Home pursuant to law;
3. An employee of the Federal Voting Assistance Program, the
United States Department of Defense or the Oklahoma National Guard
who assists a uniformed-services voter in returning or transmitting
an absentee ballot;
4. A spouse, relative in the first or second degree of
consanguinity or affinity or cohabitant of a voter who forwards an
absentee ballot to the voter when absent from the home;
5. A voter’s spouse who, with the voter’s consent, returns the
voter’s absentee ballot by mail; or
6. An official action by an election official that is required
or authorized by law.
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SECTION 9. REPEALER 26 O.S. 2021, Section 14-101.1, as
last amended by Section 2, Chapter 83, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-101.1), is hereby repealed.
SECTION 10. AMENDATORY 26 O.S. 2021, Section 14-115, as
last amended by Section 1, Chapter 305, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-115), is amended to read as follows:
Section 14-115. A. If the secretary of a county election board
receives a request from an incapacitated elector confined to a
nursing facility, as defined in Section 1-1902 of Title 63 of the
Oklahoma Statutes, or a State Veterans Home established pursuant to
Title 72 of the Oklahoma Statutes within the county of the
jurisdiction of the secretary, and such request satisfies the
requirements for matching of name, birth date, and identification
number established pursuant to Section 14-105 of this title, the
secretary shall cause to be implemented the following procedures:
1. On any day following the deadline to request an absentee
ballot as provided in Section 14-103 of this title, but prior to the
date of the election, the absentee voting board shall deliver to
each registered voter who is confined to a nursing facility, as
defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, or a
State Veterans Home established pursuant to Title 72 of the Oklahoma
Statutes and who requested ballots for an incapacitated voter the
ballots and materials as may be necessary to vote same.
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2. The voter must mark the ballots in the manner hereinbefore
provided in the presence of the absentee voting board, but in such a
manner as to make it impossible for any person other than the voter
to ascertain how the ballots are marked. Insofar as is possible,
the voting procedure shall be the same as if the voter were casting
a vote in person at a precinct.
3. The voter shall then seal the ballots in the plain opaque
envelope and shall seal the plain opaque envelope in the envelope
bearing an affidavit. The voter must complete the affidavit, and
the signature of the voter on same must be witnessed by both members
of the absentee voting board.
4. The envelope bearing an affidavit then must be sealed in the
return envelope, which shall be returned by the absentee voting
board to the secretary of the county election board on the same day
the affidavit was executed.
5. Ballots cast in such manner shall be counted in the same
manner as regular mail absentee ballots.
B. The voter may request the assistance of the absentee voting
board members to mark a ballot, complete the affidavit or seal the
envelopes as described in this section.
C. 1. An administrator or employee of a nursing facility or
State Veterans Home who attempts to coerce or influence the vote of
a person residing in or confined to that facility shall be deemed to
be in violation of Section 16-109 of this title.
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2. An administrator or employee of a nursing facility or State
Veterans Home who prevents or attempts to prevent a person residing
in or confined to that facility from voting pursuant to this section
shall be deemed to be in violation of Section 16-113 of this title.
SECTION 11. REPEALER 26 O.S. 2021, Section 14-115, as
last amended by Section 4, Chapter 292, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-115), is hereby repealed.
SECTION 12. AMENDATORY 26 O.S. 2021, Section 14-115.1,
as last amended by Section 2, Chapter 305, O.S.L. 2022 (26 O.S.
Supp. 2022, Section 14-115.1), is amended to read as follows:
Section 14-115.1. A. A registered voter who becomes physically
incapacitated after the deadline to request an absentee ballot as
provided in Section 14-103 of this title and is unable to vote in
person at the appropriate precinct on the day of the election may
make a written request for an absentee ballot. Requirements for
matching of name, birth date, and identification number established
pursuant to Section 14-105 of this title shall apply to a request
for absentee ballots under this section.
B. 1. The request shall be signed by the voter or signed by a
witness at the voter’s direction if the voter is unable to sign his
or her name, and shall be transmitted to the secretary of the county
election board.
2. The person transmitting the request on behalf of the voter
may be anyone of the voter’s choosing who is at least sixteen (16)
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years of age; provided, the person is not employed by nor related
within the third degree of consanguinity or affinity to any person
whose name appears on the ballot.
3. The person becomes the voter’s agent for purposes of voting
by absentee ballot. The voter’s request must be accompanied by a
sworn statement by a duly licensed physician. Expected or likely
confinement for childbirth on election day is sufficient cause to
entitle a voter to vote absentee pursuant to this section. The
physician’s statement must attest to the fact that the voter is in
fact unable to vote in person at the appropriate precinct on the day
of the election because of a physical incapacity and that the
physical incapacity originated after the deadline to request an
absentee ballot as provided in Section 14-103 of this title.
4. Upon receipt of the voter’s request and accompanying sworn
statement, the secretary of the county election board shall issue to
the voter’s agent the appropriate ballots and envelopes required for
voting by incapacitated voters.
5. The ballots must be returned by the agent to the secretary
of the county election board no later than 7:00 p.m. on the day of
the election. No person may be the agent for more than one voter at
any election. Upon return of the absentee ballots, the secretary of
the county election board shall cause the ballots to be processed in
the same manner as is prescribed for other absentee ballots.
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SECTION 13. REPEALER 26 O.S. 2021, Section 14-115.1, as
last amended by Section 5, Chapter 292, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-115.1), is hereby repealed.
SECTION 14. AMENDATORY 26 O.S. 2021, Section 14-115.6,
as last amended by Section 6, Chapter 292, O.S.L. 2022 (26 O.S.
Supp. 2022, Section 14-115.6), is amended to read as follows:
Section 14-115.6. A. A registered voter who, within ten (10)
days preceding an election after the deadline to request an absentee
ballot as provided in Section 14-103 of this title, is deployed as a
first responder or emergency worker to assist with the rescue,
recovery, or relief efforts of a declared natural disaster or state
of emergency, may make a written request for an emergency absentee
ballot in a form prescribed by the Secretary of the State Election
Board. The request shall be signed by the voter and shall be
provided by the voter to the secretary of the county election board
in the county where the voter is registered. Requirements for
matching of name, birth date, and identification number established
pursuant to Section 14-105 of this title shall apply to a request
for an absentee ballot under this section.
B. Upon receipt of the voter’s request, the secretary of the
county election board shall issue to the voter the appropriate
ballots and envelopes required for voting an emergency absentee
ballot. Provided, the voter shall present proof of identity as
required by Section 7-114 of this title.
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C. The ballots must be returned in person by the voter, by
United States mail, or by other means of delivery approved by the
Secretary of the State Election Board, to the secretary of the
county election board no later than 7:00 p.m. on the day of the
election.
D. Upon return of the absentee ballots, the secretary of the
county election board shall cause the ballots to be processed in the
same manner as is prescribed for other absentee ballots.
E. The Secretary of the State Election Board shall promulgate
rules to implement the procedures described in this section.
SECTION 15. REPEALER 26 O.S. 2021, Section 14-115.6, as
last amended by Section 3, Chapter 305, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-115.6), is hereby repealed.
SECTION 16. AMENDATORY 27A O.S. 2021, Section 2-6-103,
as last amended by Section 5, Chapter 185, O.S.L. 2022 (27A O.S.
Supp. 2022, Section 2-6-103), is amended to read as follows:
Section 2-6-103. A. The Department of Environmental Quality
shall have and is hereby authorized to exercise the power and duty
to:
1. Develop comprehensive programs for the prevention, control
and abatement of new or existing pollution of the waters of this
state;
2. Encourage, participate in, or conduct studies,
investigations, research and demonstrations relating to water
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pollution and causes, prevention, control and abatement thereof as
it may deem advisable and necessary in the public interest for the
discharge of its duties under Section 2-6-101 et seq. of this title;
3. Collect and disseminate information relating to water
pollution and the prevention, control and abatement thereof;
4. Require the submission of and review plans, specifications
and other data relative to disposal or treatment systems or any part
thereof in connection with the issuance of such permits as are
required by this article;
5. Enforce the provisions of this article, rules promulgated
thereunder, and permits, licenses, and certifications issued
pursuant thereto and Oklahoma Water Quality Standards;
6. Establish, implement, amend and enforce the Water Quality
Management Plan, the continuing planning process documents, and
total maximum daily loads;
7. Require the submission of reports or laboratory analyses
performed by certified laboratories or operators for purposes of
compliance monitoring and testing or other purposes for which
laboratory reports or analyses are required pursuant to this
article;
8. Coordinate the preparation of the continuing planning
process documents and total maximum daily loads with other
environmental agencies and natural resource agencies; and
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9. Issue swimming and fishing advisories related to human and
animal health hazards for waters of the state, based on available
data.
B. 1. The Environmental Quality Board shall have the authority
to promulgate such rules as may be necessary to implement the
policies and duties set forth in this article including, but not
limited to, rules pertaining to services, permits, licenses and
certifications including certifications under Section 401 of the
Clean Water Act, and, pursuant to Section 2-3-402 of this title, fee
schedules for such services, permits, licenses and certifications.
2. The Board may adopt by reference standards of quality of the
waters of the state and classifications of such waters as are
lawfully established by the Department of Environmental Quality and
the United States Environmental Protection Agency as Oklahoma Water
Quality Standards, may directly adopt variances and site-specific
criteria to such water quality standards, and promulgate other rules
to protect, maintain and improve the best uses of waters in this
state in the interest of the public under such conditions as may be
necessary or appropriate for the prevention, control and abatement
of pollution.
3. The Board shall promulgate rules which describe procedures
for amending and updating the Water Quality Management Plan or which
are otherwise consistent with the Continuing Planning Process and
its components. Such rules shall:
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be in substantial conformance with any applicable
federal requirements and may incorporate appropriate
U.S. Environmental Protection Agency regulations by
reference, and
b.
require public notice to be given of any major
amendment and of any update of the Water Quality
Management Plan and allow not less than a forty-five-
day opportunity for public comment thereon. Such
rules shall also authorize the Department, if it
determines public interest in the proposed amendment
or update is significant, to give notice of and
conduct a public meeting on the proposals in
accordance with federal requirements. The rules shall
provide that the notice, comment period, and public
meeting if any, related to an amendment or update
proposed in conjunction with the issuance,
modification or renewal of a discharge permit or
permits, may be combined with the notice, comment
period, and public meeting if any, held on the
proposed permit action or actions.
C. The Executive Director may:
1. Issue, modify, or revoke orders:
a.
prohibiting or abating pollution of the waters of the
state,
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b.
requiring the construction of new disposal or
treatment systems or any parts thereof or the
modification, extension or alteration of existing
disposal or treatment systems or any part thereof, or
the adoption of other remedial measures to prevent,
control or abate pollution, and
c.
requiring other actions such as the Executive Director
may deem necessary to enforce the provisions of this
article and rules promulgated thereunder;
2. Issue, continue in effect, revoke, amend, modify or deny,
renew, or refuse to renew under such conditions as the Department
may prescribe, permits, licenses and certifications including
certifications under Section 401 of the Clean Water Act, to prevent,
control or abate pollution of waters of the state; and
3. Exercise all incidental powers which are necessary and
proper to carry out the purposes of this article.
SECTION 17. REPEALER 27A O.S. 2021, Section 2-6-103, as
last amended by Section 2, Chapter 113, O.S.L. 2022 (27A O.S. Supp.
2022, Section 2-6-103), is hereby repealed.
SECTION 18. AMENDATORY 47 O.S. 2021, Section 6-101, as
last amended by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-101), is amended to read as follows:
Section 6-101. A. No person, except those hereinafter
expressly exempted in Sections 6-102 and 6-102.1 of this title,
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shall operate any motor vehicle upon a highway in this state unless
the person has a valid Oklahoma driver license for the class of
vehicle being operated under the provisions of this title. No
person shall be permitted to possess more than one valid license at
any time, except as provided in paragraph 4 of subsection F of this
section.
B. 1. No person shall operate a Class A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
holds a valid Class A commercial license, except as provided in
paragraph 5 of this subsection and subsection F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in paragraph 4 of this subsection.
2. No person shall operate a Class B commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this section. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Class C commercial
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license shall be permitted to operate motor vehicles in Classes C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which is required to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by Service Oklahoma:
a.
a restricted Class A commercial license which shall
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D motor vehicle, or
b.
a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6-102 or 6-105 of this
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title. Any person holding a valid Class D license shall be
permitted to operate motor vehicles in Class D only.
C. Any person issued a driver license pursuant to this section
may exercise the privilege thereby granted upon all streets and
highways in this state.
D. No person shall operate a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
for an original driver license shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, in conjunction with Service Oklahoma, and a certified
state-approved motorcycle basic rider course approved by the
Department, in conjunction with Service Oklahoma, if the applicant
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement thereon. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
certified Motorcycle Safety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible for
renewal shall be required to successfully complete a written
examination, vision examination and driving examination for a
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motorcycle as prescribed by the Department, in conjunction with
Service Oklahoma, and a certified state-approved motorcycle basic
rider course approved by the Department, in conjunction with Service
Oklahoma, if the person is seventeen (17) years of age or younger to
be eligible for a motorcycle endorsement. The written examination
and driving examination for a motorcycle shall be waived by Service
Oklahoma upon verification that the person has successfully
completed a certified Motorcycle Safety Foundation rider course
approved by the Department, in conjunction with Service Oklahoma.
F. 1. Any person eighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner permit. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of one hundred eighty
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(180) days, which may be renewed one time for an additional one
hundred eighty (180) days; provided, such commercial learner permit
may be suspended, revoked, canceled, denied or disqualified at the
discretion of the Department, with notice to Service Oklahoma, for
violation of the restrictions, for failing to give the required or
correct information on the application or for violation of any
traffic laws of this state pertaining to the operation of a motor
vehicle. Except as otherwise provided, the lawful possessor of a
commercial learner permit who has been issued a commercial learner
permit for a minimum of fourteen (14) days may have the restriction
requiring an accompanying driver removed by satisfactorily
completing a driver’s examination; provided, the removal of a
restriction shall not authorize the operation of a Class A, B or C
commercial motor vehicle if such operation is otherwise prohibited
by law.
3. No person shall apply for and Service Oklahoma shall not
issue an original Class A, B or C driver license until the person
has been issued a commercial learner permit and held the permit for
at least fourteen (14) days. Any person who currently holds a Class
B or C license and who wishes to apply for another class of
commercial driver license shall be required to apply for a
commercial learner permit and to hold the permit for at least
fourteen (14) days before applying for the Class A or B license, as
applicable. Any person who currently holds a Class A, B or C
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license and who wishes to add an endorsement or remove a restriction
for which a skills examination is required shall be required to
apply for a commercial learner permit and to hold the permit for at
least fourteen (14) days before applying for the endorsement.
4. A commercial learner permit shall be issued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or provisional
driver license pursuant to Section 6-212 of this title, both of
which shall be in the possession of the person to whom they have
been issued whenever that person is operating a commercial motor
vehicle as provided in this subsection.
5. After one renewal of a commercial learner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eligible for and Service Oklahoma shall not
issue another renewal of the permit; provided, the person may
reapply for a new commercial learner permit, as provided for in this
subsection.
G. 1. For purposes of this title:
a.
“REAL ID Compliant Driver License” or “Identification
Card” means a driver license or identification card
issued by the State of Oklahoma that has been
certified by the United States Department of Homeland
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Security (USDHS) as compliant with the requirements of
the REAL ID Act of 2005, Public Law No. 109-13. A
REAL ID Compliant Driver License or Identification
Card and the process through which it is issued
incorporate a variety of security measures designed to
protect the integrity and trustworthiness of the
license or card. A REAL ID Compliant Driver License
or Identification Card will be clearly marked on the
face indicating that it is a compliant document, and
b.
“REAL ID Noncompliant Driver License” or
“Identification Card” means a driver license or
identification card issued by the State of Oklahoma
that has not been certified by the United States
Department of Homeland Security (USDHS) as being
compliant with the requirements of the REAL ID Act. A
REAL ID Noncompliant Driver License or Identification
Card will be clearly marked on the face indicating
that it is not compliant with the federal REAL ID Act
and is not acceptable for official federal purposes.
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
2. Original Driver License and Identification Card Issuance:
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a.
Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma through December 31,
2022. Beginning January 1, 2023, application for an
original REAL ID Compliant Driver License or
Identification Card may be made to Service Oklahoma or
a licensed operator provided such licensed operator is
authorized to process application for REAL ID
Compliant Driver Licenses and Identification Cards.
Application for a REAL ID Noncompliant Driver License
or Identification Card shall be made to Service
Oklahoma.
b.
Service Oklahoma employees shall perform all document
recognition and other requirements needed for approval
of an original REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card
application through December 31, 2022. Beginning
January 1, 2023, Service Oklahoma employees or
authorized licensed operators shall perform all
document recognition and other requirements needed for
approval of an original REAL ID Compliant Driver
License or Identification Card application. Service
Oklahoma employees shall perform all document
recognition and other requirements needed for approval
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of a REAL ID Noncompliant Driver License or
Identification Card application.
c.
Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application, the applicant may take the approved
application document to a licensed operator to receive
a temporary driver license or identification card.
d.
The licensed operator shall process the approved REAL
ID Compliant or REAL ID Noncompliant Driver License or
Identification Card application and upon payment shall
provide the applicant a temporary driver license or
identification card. A temporary driver license or
identification card shall afford the holder the
privileges otherwise granted by the specific class of
driver license or identification card for the period
of time listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Compliant Driver License or Identification Card may be
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made to Service Oklahoma or to a licensed operator;
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A licensed
operator may process the voluntary downgrade of a REAL
ID Compliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are placed
on the license.
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of a renewal or
replacement REAL ID Compliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or an authorized licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
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listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time period is
shorter.
e.
For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Card by
an individual with a valid Oklahoma-issued driver
license or identification card shall be considered a
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to Service Oklahoma or to a licensed operator.
A licensed operator may process the voluntary
downgrade of a REAL ID Noncompliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements or
restrictions are added to the license.
b.
Service Oklahoma employees or licensed operators shall
perform all document recognition and other
requirements needed for approval of a renewal or
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replacement REAL ID Noncompliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or a licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Driver
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
License or an approved application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accordance with the
following schedule:
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Class A Commercial Learner
Permit
$25.00
Class A Commercial License
$25.00
Class B Commercial Learner
Permit
$15.00
Class B Commercial License
$15.00
Class C Commercial Learner
Permit
$15.00
Class C Commercial License
$15.00
Class D License
$ 4.00
Motorcycle Endorsement
$ 4.00
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
I. The fee charged for any failed examination shall be Four
Dollars ($4.00) for any license classification. Notwithstanding the
provisions of Section 1104 of this title, all monies collected from
such examination fees pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Driver License shall be in
accordance with the following schedule; provided, that any applicant
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who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the license:
License Class
4-year
8-year
Class A Commercial Learner
Permit
$56.50
$113.00
Class A Commercial License
$56.50
$113.00
Class B Commercial Learner
Permit
$56.50
$113.00
Class B Commercial License
$56.50
$113.00
Class C Commercial Learner
Permit
$46.50
$93.00
Class C Commercial License
$46.50
$93.00
Class D License
$38.50
$77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
CDL Learner Permit shall be charged only the replacement fee for the
issuance of the license:
License Class
4-year
8-year
REAL ID Compliant Class A
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class A
Commercial License
$56.50
$113.00
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REAL ID Compliant Class B
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class B
Commercial License
$56.50
$113.00
REAL ID Compliant Class C
Commercial Learner Permit
$46.50
$93.00
REAL ID Compliant Class C
Commercial License
$46.50
$93.00
REAL ID Compliant Class D
License
$38.50
$77.00
L. A commercial learner permit may be renewed one time for a
period of one hundred eighty (180) days. The cost for the renewed
permit shall be the same as for the original permit.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisions of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 1-
2530.9 of Title 63 of the Oklahoma Statutes;
2. Six Dollars and seventy-five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
license shall be deposited to the Department of Public Safety
Computer Imaging System Revolving Fund to be used solely for the
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purpose of administration and maintenance of the computerized
imaging system of the Department through October 31, 2022.
Beginning November 1, 2022, Six Dollars and seventy-five cents
($6.75) of a 4-year license or Thirteen Dollars and fifty cents
($13.50) of an 8-year license shall be deposited to the Service
Oklahoma Computer Imaging System Revolving Fund to be used solely
for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or renewal
issuances of licenses through October 31, 2022. Beginning November
1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Service
Oklahoma Revolving Fund for all original or renewal issuances of
licenses; and
4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6-115 of this title.
O. Any person sixty-two (62) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall be charged the following prorated fee:
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4-year
8-year
Age 62
$21.25
$42.50
Age 63
$17.50
$35.00
Age 64
$13.75
$27.50
Age 65
-0-
P. No person who has been honorably discharged from active
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to be a disabled veteran in receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted while in such active service and registered
with the veterans registry created by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorized to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to the
provisions of Sections 6-101 through 6-309 of this title; provided,
that no such rules applicable to the issuance or renewal of REAL ID
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Noncompliant Driver Licenses shall create more stringent standards
than such rules applicable as of January 1, 2017, unless directly
related to a specific change in statutory law concerning standards
for REAL ID Noncompliant Driver Licenses. Applications, upon forms
approved by Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
assume these duties in any county of this state. Each licensed
operator accepting applications for driver licenses shall receive
Six Dollars ($6.00) for a 4-year REAL ID Noncompliant Driver License
or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver
License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant
Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID
Compliant Driver License to be deducted from the total collected for
each license or renewal application accepted. Beginning July 1,
2022, and ending on May 31, 2023, each motor license agent or
licensed operator accepting applications for driver licenses for
individuals over the age of sixty-five (65) years or for
applications for drivers pursuant to subsection P of this section
shall receive Six Dollars ($6.00) for a 4-year driver license or
Twelve Dollars ($12.00) for an 8-year driver license to be deducted
daily by the motor license agent or licensed operator receipts. The
amount retained pursuant to this subsection shall not be retained by
any state agency. The fees received by the licensed operator,
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authorized by this subsection, shall be used for operating expenses.
For purposes of this subsection, “licensed operator” shall mean an
individual who obtains a license from the Service Oklahoma Operator
Board to operate a designated Service Oklahoma location and offers
third-party fulfillment of designated services to be rendered by
Service Oklahoma.
R. Notwithstanding the provisions of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Oklahoma Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the State Treasurer to be deposited each fiscal year
under the provisions of this section to the credit of the Department
of Public Safety Restricted Revolving Fund for the purpose of the
Statewide Law Enforcement Communications System. All other monies
collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shall be apportioned as provided in
Section 1104 of this title, except as otherwise provided in this
section.
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S. Service Oklahoma shall retain the images displayed on
licenses and identification cards issued pursuant to the provisions
of Sections 6-101 through 6-309 of this title which may be used
only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is deemed necessary by the Commissioner of Public
Safety;
2. By the driver licensing agency of another state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS) or the National Law Enforcement
Telecommunications System (NLETS) to receive photographs or
computerized images may obtain them through OLETS or through NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform to industry standards for interoperability and
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsection.
T. No person may hold more than one state-issued or territory-
issued REAL ID Compliant Driver License or REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
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Service Oklahoma shall not issue a REAL ID Compliant Driver License
to a person who has been previously issued a REAL ID Compliant
Driver License or REAL ID Compliant Identification Card until such
license or identification card has been surrendered to Service
Oklahoma by the applicant. Service Oklahoma may promulgate rules
related to the issuance of replacement REAL ID Compliant Driver
Licenses in the event of loss or theft.
U. Upon the effective date of this act Beginning May 24, 2021,
and ending on April 30, 2023, in addition to the amounts provided in
subsection Q of this section, a licensed operator shall receive Five
Dollars ($5.00) for each processed application for a REAL ID
Compliant 4-year Driver License and Ten Dollars ($10.00) for each
processed application for a REAL ID Compliant 8-year Driver License.
Any additional amounts provided pursuant to this subsection shall
not be retained by Service Oklahoma.
SECTION 19. REPEALER 47 O.S. 2021, Section 6-101, as
last amended by Section 1, Chapter 263, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-101), is hereby repealed.
SECTION 20. AMENDATORY 47 O.S. 2021, Section 6-102, as
last amended by Section 10, Chapter 132, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-102), is amended to read as follows:
Section 6-102. A. A nonresident who is sixteen (16) years of
age or older may operate a motor vehicle in this state as authorized
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by the class, restrictions, and endorsements specified on the
license, if the nonresident is:
1. Properly licensed in the home state or country to operate a
commercial or noncommercial motor vehicle and who has immediate
possession of a valid driver license issued by the home state or
country; or
2. A member of the Armed Forces of the United States or the
spouse or dependent of such member who has been issued and is in
possession of a valid driver license issued by an overseas component
of the Armed Forces of the United States.
B. A resident who is at least fifteen (15) years of age may
operate a vehicle in this state without a driver license, if the
resident is:
1. Operating a vehicle pursuant to subsection B of Section 6-
105 of this title; or
2. Taking the driving skills examination as required by Section
6-110 of this title, when accompanied by a Driver License Examiner
of the Department of Public Safety Service Oklahoma or by a
designated examiner approved and certified by the Department Service
Oklahoma.
C. Any person, while in the performance of official duties, may
operate any class of motor vehicle if the person possesses any class
of valid Oklahoma driver license or a valid driver license issued by
another state, if the person is:
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1. A member of the Armed Forces of the United States who is on
active duty;
2. A member of the military reserves, not including United
States reserve technicians;
3. A member of the National Guard who is on active duty
including National Guard military technicians;
4. A member of the National Guard who is on part-time National
Guard training including National Guard military technicians; or
5. A member of the United States Coast Guard who is on active
duty.
D. The Commissioner of Public Safety Director of Service
Oklahoma is hereby authorized to adopt rules as may be necessary to
enter into reciprocity agreements with foreign countries. The rules
shall specify that the driver license standards of the foreign
country shall be comparable to those of this state. The rules shall
also require foreign drivers, who are operating a motor vehicle in
Oklahoma under such a reciprocity agreement, to comply with the
compulsory motor vehicle liability insurance and financial
responsibility laws of this state.
E. When an automated driving system, as defined by Section 1701
of this title, installed on a motor vehicle is engaged, the
following shall apply:
1. The automated driving system is considered the driver or
operator, for the purpose of assessing compliance with applicable
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traffic or motor vehicle laws, and shall be deemed to satisfy
electronically all physical acts required by a driver or operator of
the vehicle; and
2. The automated driving system is considered to be licensed to
operate the vehicle.
SECTION 21. REPEALER 47 O.S. 2021, Section 6-102, as
last amended by Section 39, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-102), is hereby repealed.
SECTION 22. AMENDATORY 47 O.S. 2021, Section 6-105.3, as
last amended by Section 44, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-105.3), is amended to read as follows:
Section 6-105.3. A. In addition to the licenses to operate
motor vehicles, Service Oklahoma may issue cards to Oklahoma
residents for purposes of identification only. The identification
cards shall be issued, renewed, replaced, canceled and denied in the
same manner as driver licenses in this state. A licensee whose
record reflects a notation of the person’s proof of legal presence,
verified by the U.S. Department of Homeland Security, or proof of
U.S. citizenship, may obtain a REAL ID Compliant Identification Card
or a Noncompliant Identification Card from a licensed operator or
Service Oklahoma, regardless of the status of the license held by
the licensee. Provided, the licensee must comply with all REAL ID
documentation requirements to obtain a REAL ID Compliant
Identification Card. A person shall not apply for or possess more
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than one state-issued or territory-issued REAL ID Compliant
Identification Card pursuant to the provisions of Section 6-101 of
this title.
The application for an identification card by any person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
completing an online application, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Except as otherwise
provided in this section, the identification cards shall be valid
for a period of either four (4) years from the month of issuance or
eight (8) years from the month of issuance; however, the
identification cards issued to persons sixty-five (65) years of age
or older shall be valid indefinitely from the month of issuance.
B. 1. The Department of Corrections shall coordinate with
Service Oklahoma to provide REAL ID Noncompliant Identification
Cards to all inmates who do not have a current state-issued
identification card or driver license upon their release from
custody. The identification cards shall be issued, replaced,
canceled and denied in the same manner as driver licenses in this
state.
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2. If an inmate is unable to provide a valid identification
document and no other form of identification is available, Service
Oklahoma shall allow the use of a certified copy of a birth
certificate coupled with a Department of Corrections-issued
consolidated record card to serve as a valid form of photo
identification document documentation to obtain a REAL ID
Noncompliant Identification Card.
3. REAL ID Noncompliant Identification Cards issued with a
consolidated record card from the Department of Corrections for
inmates shall be valid for a period of four (4) years from the month
of issuance for an allowable fee to be determined by Service
Oklahoma and are nonrenewable and nontransferable.
4. The fee charged for the issuance or replacement of a REAL ID
Noncompliant Identification Card pursuant to this subsection shall
be deposited in the Department of Public Safety Revolving Fund
through October 31, 2022. Beginning November 1, 2022, this fee
shall be deposited in the Service Oklahoma Revolving Fund.
Provided, however, REAL ID Noncompliant Identification Cards issued
to individuals required to register pursuant to the Sex Offenders
Registration Act shall only be valid for a period of one (1) year.
No person sixty-five (65) years of age or older shall be charged a
fee for a REAL ID Noncompliant Identification Card.
5. Service Oklahoma is authorized to promulgate rules and
procedures to implement the provisions of this subsection.
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C. No person shall hold more than one state-issued or
territory-issued REAL ID Compliant Driver License or REAL ID
Compliant Identification Card, as defined in subsection G of Section
6-101 of this title. Service Oklahoma shall not issue a REAL ID
Compliant Identification Card to any applicant who has been
previously issued a REAL ID Compliant Driver License or REAL ID
Compliant Identification Card unless such license or identification
card has been surrendered to the Department by the applicant.
Service Oklahoma may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards in the event of
loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty-five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8-year card.
The fee charged for the issuance or renewal of a REAL ID
Noncompliant Identification Card pursuant to this section shall be
Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty-five (65)
years of age or older, or one hundred percent (100%) disabled
veteran described in subsection P of Section 6-101 of this title
shall be charged a fee for an identification card. Of each fee
charged pursuant to the provisions of this subsection:
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1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department through October 31,
2022. Beginning November 1, 2022, Three Dollars ($3.00) of a 4-year
card and Six Dollars ($6.00) of an 8-year card shall be credited to
the Service Oklahoma Computer Imaging System Revolving Fund to be
used solely for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, this fee shall be deposited in the Service
Oklahoma Revolving Fund;
4. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of an identification card by a
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licensed operator that does process approved applications or
renewals for REAL ID Compliant and REAL ID Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Noncompliant Identification Card,
shall be Twenty-five Dollars ($25.00); however, no person sixty-five
(65) years of age or older shall be charged a fee for an
identification card replacement. Of each fee charged pursuant to
the provisions of this subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department through October 31,
2022. Beginning November 1, 2022, Three Dollars ($3.00) shall be
credited to the Service Oklahoma Computer Imaging System Revolving
Fund to be used solely for the purpose of administration and
maintenance of the computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, this fee shall be deposited in the Service
Oklahoma Revolving Fund;
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4. Three Dollars ($3.00) shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a licensed
operator that does process approved applications or renewals for
REAL ID Compliant or REAL ID Noncompliant Driver Licenses or
Identification Cards shall be retained by the licensed operator.
F. The Oklahoma Tax Commission is hereby authorized to
reimburse, from funds available to that agency, each licensed
operator issuing an identification card to a person sixty-five (65)
years of age or older, an amount not to exceed One Dollar ($1.00)
for each card or driver license so issued. The Tax Commission shall
develop procedures for claims for reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identification card, or makes
application to renew an identification card, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card shall be valid for a period of one (1) year
from the month of issuance, but may be renewed yearly during the
time the person is subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification cards and renewals.
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H. Nothing in this section requires or authorizes the
Department of Public Safety to issue a REAL ID Noncompliant
Identification Card without the documentation required by the
provisions of paragraph 9 of subsection A of Section 6-103 of this
title.
SECTION 23. REPEALER 47 O.S. 2021, Section 6-105.3, as
last amended by Section 1, Chapter 65, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-105.3), is hereby repealed.
SECTION 24. AMENDATORY 47 O.S. 2021, Section 6-111, as
last amended by Section 53, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-111), is amended to read as follows:
Section 6-111. A. 1. Service Oklahoma shall, upon payment of
the required fee, issue to every applicant qualifying therefor a
Class A, B, C or D driver license or identification card as applied
for, which license or card shall bear thereon a distinguishing
alphanumeric identification assigned to the licensee or cardholder,
date of issuance and date of expiration of the license or card, the
full legal name, signature or computerized signature, date of birth,
residence address, unless specified as an exception in the Code of
Federal Regulations per 6 C.F.R., Section 37.17, sex, a computerized
color image of the licensee or cardholder taken in accordance with
Service Oklahoma rules and security features as determined by
Service Oklahoma. The image shall depict a full front unobstructed
view of the entire face of the licensee or cardholder; provided, a
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commercial learner permit shall not bear the image of the licensee.
When any person is issued both a driver license and an
identification card, Service Oklahoma shall ensure the information
on both the license and the card are the same, unless otherwise
provided by law.
2. A driver license or identification card issued by Service
Oklahoma on or after March 1, 2004, shall bear thereon the county of
residence of the licensee or cardholder.
3. Service Oklahoma may cancel the distinguishing number, when
that distinguishing number is another person’s Social Security
number, assign a new distinguishing alphanumeric identification, and
issue a new license or identification card without charge to the
licensee or cardholder.
4. Service Oklahoma may promulgate rules for inclusion of the
height and a brief description of the licensee or cardholder on the
face of the card or license identifying the licensee or cardholder
as deaf or hard-of-hearing.
5. It is unlawful for any person to apply, adhere, or otherwise
attach to a driver license or identification card any decal,
sticker, label, or other attachment. Any law enforcement officer is
authorized to remove and dispose of any unlawful decal, sticker,
label, or other attachment from the driver license of a person. The
law enforcement officer, the employing agency of the officer,
Service Oklahoma, and the State of Oklahoma shall be immune from any
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liability for any loss suffered by the licensee, cardholder, or the
owner of the decal, sticker, label, or other attachment caused by
the removal and destruction of the decal, sticker, label, or other
attachment.
6. Service Oklahoma may develop by rule a procedure which
complies with the provisions of subsection G of Section 6-101 of
this title whereby a person may apply for a renewal or replacement
Oklahoma Class D license or Oklahoma identification card.
B. 1. Service Oklahoma may issue or authorize the issuance of
a temporary permit or license to an applicant for a driver license
permitting such applicant to operate a motor vehicle while Service
Oklahoma is completing its investigation and determination of all
facts relative to such applicant’s privilege to receive a license,
or while a permanent driver license is being produced and delivered
to the applicant. Such permit or license must be in the immediate
possession of the driver while operating a motor vehicle, and it
shall be invalid when the applicant’s permanent driver license has
been issued and delivered or for good cause has been refused.
2. Service Oklahoma may issue or authorize the issuance of a
temporary identification card to an applicant, permitting the holder
the privileges otherwise granted by identification cards, while a
permanent driver license is being provided and delivered to the
applicant. Such card shall be invalid when the applicant’s
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permanent identification card has been issued and delivered, or for
good cause has been refused.
C. 1. Service Oklahoma may issue a restricted commercial
driver license to drivers eighteen (18) years of age or older for
any of the following specific farm-related service industries:
a.
farm retail outlets and suppliers,
b.
agri-chemical businesses,
c.
custom harvesters, and
d.
livestock feeders.
The applicant shall hold have held a valid Oklahoma driver
license for at least one year. Applicants with more than two (2)
years of driving experience shall have a good driving record for the
most recent two (2) years and shall meet all the requirements for a
commercial driver license. The restricted commercial driver license
shall not exceed a total of one hundred eighty (180) days within any
twelve-month period the maximum total days that federal law allows.
Applicants for the restricted commercial driver license shall be
exempt from the knowledge and skills test. Application of the
restricted commercial driver license does not have to be used in
consecutive days; use of permit shall be declared at application.
2. A “good driving record” as used in this subsection shall
mean an applicant:
a.
has not had more than one license,
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b.
has not had any license suspended, revoked, or
canceled,
c.
has not had any conviction for any type of
disqualifying offenses or serious traffic violations,
or
d.
has not had any conviction for a violation of state or
local law relating to motor vehicle traffic control,
other than a parking violation, arising in connection
with any traffic accident, and has no record of an
accident in which they were at fault.
3. The restricted commercial driver license shall not be valid
for operators of commercial motor vehicles beyond one hundred fifty
(150) miles from the place of business or the farm currently being
served. Such license shall be limited to Class B or C vehicles.
Holders of such licenses who transport hazardous materials which are
required to be placarded shall be limited to the following:
a.
diesel fuel in quantities of one thousand (1,000)
gallons or less,
b.
liquid fertilizers in vehicles with total capacities
of three thousand (3,000) gallons or less, and
c.
solid fertilizers that are not mixed with any organic
substance.
No other placarded hazardous materials shall be transported by
holders of such licenses.
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D. Service Oklahoma may issue a non-domiciled commercial
learner permit or a non-domiciled commercial driver license to:
1. An H2A-Temporary Agricultural worker lawfully present in the
United States as indicated on an original, valid and unexpired I-94
immigration status document issued by the United States Customs and
Immigration Service; and
2. A J-1 Exchange Visitor Program participant lawfully present
in the United States as indicated on a valid and unexpired J-1
Visitor Visa issued by the United States Customs and Immigration
Service and who is enrolled in an agricultural education training
program.
A person applying for such permit or license must comply with
all testing and licensing requirements in accordance with applicable
federal regulations, state laws and Service Oklahoma rules. The
issued license shall be valid until the expiration of the visa for
the non-domiciled worker. Service Oklahoma may promulgate rules for
the implementation of the process to carry out the provisions of
this section.
E. 1. Service Oklahoma shall develop a procedure whereby a
person applying for an original, renewal or replacement Class A, B,
C or D driver license or identification card who is required to
register as a convicted sex offender with the Department of
Corrections pursuant to the provisions of the Sex Offenders
Registration Act and who the Department of Corrections designates as
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an aggravated or habitual offender pursuant to subsection J of
Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
license or card bearing the words “Sex Offender”.
2. Service Oklahoma shall notify every person subject to
registration under the provisions of Section 1-101 et seq. of this
title who holds a current Class A, B, C or D driver license or
identification card that such person is required to surrender the
license or card to Service Oklahoma within one hundred eighty (180)
days from the date of the notice.
3. Upon surrendering the license or card for the reason set
forth in this subsection, application may be made with Service
Oklahoma for a replacement license or card bearing the words “Sex
Offender”.
4. Failure to comply with the requirements set forth in such
notice shall result in cancellation of the person’s license or card.
Such cancellation shall be in effect for one (1) year, after which
time the person may make application with Service Oklahoma for a new
license or card bearing the words “Sex Offender”. Continued use of
a canceled license or card shall constitute a misdemeanor and shall,
upon conviction thereof, be punishable by a fine of not less than
Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
($200.00). When an individual is no longer required to register as
a convicted sex offender with the Department of Corrections pursuant
to the provisions of the Sex Offenders Registration Act, the
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individual shall be eligible to receive a driver license or
identification card which does not bear the words “Sex Offender”.
F. Nothing in subsection E of this section shall be deemed to
impose any liability upon or give rise to a cause of action against
any employee, agent or official of the Department of Corrections for
failing to designate a sex offender as an aggravated or habitual
offender pursuant to subsection J of Section 584 of Title 57 of the
Oklahoma Statutes.
G. A person subject to an order for the installation of an
ignition interlock device shall be required by Service Oklahoma to
submit his or her driver license for a replacement. The replacement
driver license shall bear the words “Interlock Required” and such
designation shall remain on the driver license for the duration of
the order requiring the ignition interlock device. The replacement
license shall be subject to the same expiration and renewal
procedures provided by law. Upon completion of the requirements for
the interlock device, a person may apply for a replacement driver
license.
H. Service Oklahoma shall develop a procedure whereby a person
applying for an original, renewal or replacement Class D driver
license who has been granted modified driving privileges under this
title shall be issued a Class D driver license which identifies the
license as a modified license.
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SECTION 25. REPEALER 47 O.S. 2021, Section 6-111, as
last amended by Section 1, Chapter 200, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-111), is hereby repealed.
SECTION 26. AMENDATORY 47 O.S. 2021, Section 6-205.2, as
last amended by Section 2, Chapter 409, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-205.2), is amended to read as follows:
Section 6-205.2. A. As used in this section:
1. “Conviction” means:
a.
a nonvacated adjudication of guilt,
b.
a determination that a person has violated or failed
to comply with this section in any court or by the
Department of Public Safety Service Oklahoma following
an administrative determination,
c.
a nonvacated forfeiture of bail or collateral
deposited to secure a person’s appearance in court,
d.
a plea of guilty or nolo contendere accepted by the
court,
e.
the payment of any fine or court costs, or
f.
a violation of a condition of release without bail,
regardless of whether or not the penalty is rebated,
suspended or probated;
2. “Tribe” means a federally recognized Indian tribe within the
geographic boundaries of this state; and
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3. “Qualified court” means those tribal court systems that have
adopted the Tribal Law and Order Act of 2010.
B. The Department of Public Safety Service Oklahoma shall
disqualify any person from operating a Class A, B or C commercial
motor vehicle for a period of not less than one (1) year upon
receiving a record of conviction of any of the following
disqualifying offenses, when the conviction has become final:
1. Driving, operating or being in actual physical control of a
Class A, B or C commercial motor vehicle while having a blood or
breath alcohol concentration, as defined in Section 756 of this
title, or as defined by the state in which the arrest occurred, of
four-hundredths (0.04) or more;
2. Refusing to submit to a test for determination of alcohol
concentration, as required by Section 751 of this title, or as
required by the state in which the arrest occurred, while operating
a Class A, B or C commercial motor vehicle, or if the person is the
holder of a commercial driver license, committing the offense while
operating any vehicle;
3. Driving or being in actual physical control of a Class A, B
or C commercial motor vehicle while under the influence of alcohol
or any other intoxicating substance or the combined influence of
alcohol and any other intoxicating substance, or if the person is
the holder of a commercial driver license, committing the offense
while operating any vehicle. Provided, the Department Service
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Oklahoma shall not additionally disqualify, pursuant to this
subsection, if the person’s driving privilege has been disqualified
in this state because of a test result or test refusal pursuant to
paragraph 1 or 2 of this subsection as a result of the same
violation arising from the same incident;
4. Knowingly leaving the scene of a collision which occurs
while operating a Class A, B or C commercial motor vehicle, or if
the person is the holder of a commercial driver license, committing
the offense while operating any vehicle;
5. Any felony during the commission of which a Class A, B or C
commercial motor vehicle is used, except a felony involving the
manufacture, distribution or dispensation of a controlled dangerous
substance, or if the person is the holder of a commercial driver
license, committing the offense while operating any vehicle;
6. Operating a commercial motor vehicle while the commercial
driving privilege is revoked, suspended, canceled, denied, or
disqualified;
7. Manslaughter homicide, or negligent homicide occurring as a
direct result of negligent operation of a commercial motor vehicle,
or, if the person is the holder of a commercial driver license,
committing the offense while operating any vehicle;
8. Fraud related to examination for or issuance of a commercial
learner permit or a Class A, B or C driver license; or
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9. Failure to submit to skills or knowledge reexamination, or
both, for the purpose of issuance of a commercial learner permit or
a Class A, B or C driver license within thirty (30) days of receipt
of notification from the Department.
C. The Department of Public Safety Service Oklahoma shall
disqualify any person from operating a Class A, B or C commercial
motor vehicle for a period of not less than three (3) years upon
receiving a record of conviction of any of the disqualifying
offenses described in subsection B of this section, committed in
connection with the operation of a motor vehicle which is required
to be placarded for hazardous materials under 49 C.F.R., Part 172,
subpart F, when the conviction has become final.
D. The Department of Public Safety Service Oklahoma shall
disqualify any person from operating a Class A, B or C commercial
motor vehicle for life upon receiving a record of conviction in any
court of any of the disqualifying offenses described in subsection B
of this section after a former conviction of any of the following
disqualifying offenses, when the second conviction has become final.
The Department of Public Safety Service Oklahoma may promulgate
rules establishing conditions under which a disqualification for
life pursuant to the provisions of this subsection may be reduced to
a period of not less than ten (10) years provided a previous
lifetime disqualification has not been reduced.
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E. The Department of Public Safety Service Oklahoma shall
disqualify any person from operating a Class A, B or C commercial
motor vehicle for life upon receiving a record of conviction for any
felony related to the manufacture, distribution or dispensation of a
controlled dangerous substance in the commission of which a Class A,
B or C commercial motor vehicle is used, or if the person is the
holder of a commercial driver license, committing the offense while
operating any vehicle, when the conviction has become final, or for
a felony conviction of human trafficking while operating a
commercial motor vehicle, when the conviction has become final.
F. The Department of Public Safety Service Oklahoma shall
disqualify any person from operating a Class A, B or C commercial
motor vehicle for sixty (60) days upon receiving a record of a
second conviction of the person for a serious traffic offense
arising out of separate transactions or occurrences within a three-
year period, when the convictions have become final. The Department
of Public Safety Service Oklahoma shall disqualify any person from
operating a Class A, B or C commercial motor vehicle for one hundred
twenty (120) days upon receiving a record of a third conviction of a
person for a serious traffic offense arising out of separate
transactions or occurrences within a three-year period, when the
convictions have become final; provided, the one-hundred-twenty-day
period shall run in addition to and shall not run concurrently with
any other period disqualification imposed pursuant to this
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subsection. As used in this subsection, “serious traffic offense”
shall mean any of the following offenses committed while operating a
commercial motor vehicle:
1. Speeding fifteen (15) miles per hour or more over the limit;
2. Reckless driving;
3. Any traffic offense committed that results in or in
conjunction with a motor vehicle collision resulting in a fatality;
4. Erratic or unsafe lane changes;
5. Following too closely;
6. Failure to obtain a commercial driver license;
7. Failure to have in possession of the person a commercial
driver license;
8. Failure to have:
a.
the proper class of commercial driver license for the
class of vehicle being operated,
b.
the proper endorsement or endorsements for the type of
vehicle being operated, including, but not limited to,
passengers or type of cargo being transported, or
c.
both proper class and proper endorsement, as provided
in subparagraphs a and b of this paragraph;
9. Operating a commercial motor vehicle while using a cellular
telephone or electronic communication device to write, send or read
a text-based communication; or
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10. Operating a commercial motor vehicle while using a hand-
held mobile telephone.
For the purposes of paragraphs 9 and 10 of this subsection,
operating a commercial motor vehicle and using an electronic
communication device or a hand-held mobile telephone is permissible
by the operator when necessary to communicate with law enforcement
officials or other emergency services. Further, for the purposes of
paragraphs 9 and 10 of this subsection, “operate” means operating on
a street or highway including while temporarily stationary because
of traffic, a traffic control device or other momentary delays.
Operating does not include when the driver of a commercial motor
vehicle has moved the vehicle to the side of or off a street or
highway and has halted in a location where the vehicle can safely
remain stationary.
G. Upon the receipt of a person’s record of conviction of
violating a lawful out-of-service order, when the conviction becomes
final the Department Service Oklahoma shall disqualify the driving
privilege of the person as follows:
1. For a first conviction for violating an out-of-service
order:
a.
except as provided in subparagraph b of this
paragraph, the period of disqualification shall be for
one hundred eighty (180) days, or
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b.
while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation
Act, 49 P. app. 180-1813 49 U.S.C.A. Section 5103 et
seq., or while operating a motor vehicle designed for
transport of sixteen (16) or more passengers,
including the driver, the period of disqualification
shall be for one (1) year;
2. For a second conviction within ten (10) years for violating
an out-of-service order:
a.
except as provided in subparagraph b of this
paragraph, the period of disqualification shall be for
two (2) years, or
b.
while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation
Act, 49 P. app. 180-1813 49 U.S.C.A. Section 5103 et
seq., or while operating a motor vehicle designed for
transport of sixteen (16) or more passengers,
including the driver, the period of disqualification
shall be for three (3) years; and
3. For a third or subsequent conviction within ten (10) years
for violating an out-of-service order, the period of
disqualification shall be for three (3) years.
H. Upon determination by the Department Service Oklahoma that
fraudulent information was used to apply for or obtain a Class A, B
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or C driver license, the Department Service Oklahoma shall
disqualify the driving privilege of the applicant or licensee for a
period of sixty (60) days.
I. Any person who drives a Class A, B or C commercial motor
vehicle on any public roads, streets, highways, turnpikes or any
other public place of this state at a time when the person has been
disqualified or when the privilege to do so is canceled, denied,
suspended or revoked shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than One Hundred
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00),
or by imprisonment for not more than one (1) year, or by both such
fine and imprisonment. Each act of driving as prohibited shall
constitute a separate offense.
J. Upon the receipt of the record of a conviction of a person
of a railroad highway grade crossing offense in a commercial motor
vehicle, pursuant to Sections 11-701 or 11-702 of this title or
Section 11-1115 of this title, or upon receipt of an equivalent
conviction from any state, when the conviction becomes final, the
Department Service Oklahoma shall disqualify the driving privileges
of the person convicted as follows:
1. The first conviction shall result in disqualification for
sixty (60) days;
2. The second conviction within three (3) years shall result in
disqualification for one hundred twenty (120) days; and
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3. The third or subsequent conviction within three (3) years
shall result in disqualification for one (1) year.
K. The Department Service Oklahoma, upon receipt of a written
notice of immediate disqualification issued by the Federal Motor
Carrier Safety Administration under 49 CFR 383.52, shall immediately
disqualify the person’s commercial driving privilege for the period
of time specified on the written notice.
L. The periods of disqualification as defined by this section
shall not be modified. A person may not be granted driving
privileges to operate a Class A, B or C commercial vehicle until the
disqualification is reinstated.
M. When any record of conviction, as specified in this section,
is received by the Department and pertains to a nonresident operator
of a Class A, B or C commercial motor vehicle, or if the nonresident
operator is the holder of a commercial driver license, a record of
the conviction pertaining to the nonresident operator of any
vehicle, the Department Service Oklahoma shall not disqualify the
person and shall report the conviction to the licensing jurisdiction
in which the license of the nonresident to operate the commercial
vehicle was issued.
N. Any person who is disqualified from driving under the
provisions of this section shall have the right of appeal, as
provided in Section 6-211 of this title.
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SECTION 27. REPEALER 47 O.S. 2021, Section 6-205.2, as
last amended by Section 1, Chapter 175, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-205.2), is hereby repealed.
SECTION 28. REPEALER 47 O.S. 2021, Section 6-205.2, as
last amended by Section 68, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-205.2), is hereby repealed.
SECTION 29. AMENDATORY 47 O.S. 2021, Section 6-211, as
last amended by Section 2, Chapter 376, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-211), is amended to read as follows:
Section 6-211. A. Any person denied driving privileges, or
whose driving privilege has been canceled, denied, suspended or
revoked by the Department Service Oklahoma, except where such
cancellation, denial, suspension or revocation is mandatory, under
the provisions of Section 6-205 of this title, or disqualified by
the Department Service Oklahoma, under the provisions of Section 6-
205.2 or 761 of this title, shall have the right of appeal to the
district court as hereinafter provided. Proceedings before the
district court shall be exempt from the provisions of the Oklahoma
Pleading and Discovery codes, except that the appeal shall be by
petition, without responsive pleadings. The district court is
hereby vested with original jurisdiction to hear the petition.
B. A person whose driving privilege is denied, canceled,
revoked or suspended due to inability to meet standards prescribed
by law, or due to an out-of-state conviction or violation, or due to
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an excessive point accumulation on the traffic record, or for an
unlawful license issued, may appeal in the county in which the
person resides.
C. Any person whose driving privilege is canceled, denied,
suspended or revoked may appeal to the district court in the county
in which the offense was committed upon which the Department Service
Oklahoma based its order.
D. A person whose driving privilege is subject to revocation
pursuant to Section 753 or 754 of this title may appeal to the
district court in the county in which the arrest occurred relating
to the test refusal or test result, as shown by the records of the
Department.
E. The petition shall be filed within thirty (30) days after
the notice of revocation, pursuant to Section 753 or 754 of this
title, has been served upon the person by the Department of Public
Safety Service Oklahoma. The petition shall contain a description
of the facts and circumstances of the underlying incident sufficient
to determine the arresting law enforcement agency and the date of
the incident. It shall be the duty of the district court to enter
an order setting the matter for hearing not less than thirty (30)
days and not more than sixty (60) days from the date the petition is
filed. A certified copy of petition and order for hearing shall be
served forthwith by the petitioner upon the Commissioner of Public
Safety to the office of Service Oklahoma by certified mail at the
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Department of Public Safety Service Oklahoma, Oklahoma City,
Oklahoma.
F. Upon a hearing relating to a revocation or disqualification
pursuant to a conviction for an offense enumerated in Section 6-205,
6-205.2 or 761 of this title, the court shall not consider the
propriety or merits of the revocation or disqualification action,
except to correct the identity of the person convicted as shown by
records of the Department Service Oklahoma.
G. When the records of the Department Service Oklahoma do not
reflect receipt of a sworn report of a law enforcement officer
stating that the officer had reasonable grounds to believe the
petitioner had been driving or was in actual physical control of a
motor vehicle upon the public roads, highways, streets, turnpikes,
or other public place of this state while under the influence of
alcohol, any other intoxicating substance, or the combined influence
of alcohol and any other intoxicating substance, the court shall,
upon application by the Department Service Oklahoma, stay the appeal
for one hundred eighty (180) days from the date of the arrest as
alleged in the petition, or until the sworn report is received by
the Department Service Oklahoma. If the records of the Department
Service Oklahoma do not reflect receipt of the sworn report
described in this subsection at the expiration of the stay, the
court shall enter an order directing the Department Service Oklahoma
to take no action upon receipt of the sworn report related to the
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arrest as described in the petition. In no event shall a court
award costs or fees, including attorney fees, based upon the records
of the Department Service Oklahoma that do not reflect the receipt
of the sworn report as described in this subsection.
H. The court shall take testimony and examine the facts and
circumstances, including all of the records on file in the office of
the Department of Public Safety Service Oklahoma relative to the
offense committed and the driving record of the person, and
determine from the facts, circumstances, and records whether or not
the petitioner is entitled to driving privileges or shall be subject
to the order of denial, cancellation, suspension or revocation
issued by the Department Service Oklahoma. In case the court finds
that the order was not justified, the court may sustain the appeal,
vacate the order of the Department Service Oklahoma and direct that
driving privileges be restored to the petitioner, if otherwise
eligible.
I. The testimony of any hearing pursuant to this section shall
be taken by the court stenographer and preserved for the purpose of
appeal and, in case the Department Service Oklahoma files notice of
appeal from the order of the court as provided herein, the court
shall order and direct the court clerk to prepare and furnish a
complete transcript of all pleadings and proceedings, together with
a complete transcript taken at the hearing at no cost to the
Department Service Oklahoma, except the cost of transcribing.
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J. Upon the Department’s receipt of a petition challenging the
Department’s action against the driving privileges of any person
under this title, the Department Service Oklahoma shall withhold
taking the action which is the subject of the appeal or stay the
order which is the subject of the appeal. During the pendency of
the appeal, the Department Service Oklahoma shall grant or restore
driving privileges to the person if the person is otherwise
eligible.
K. An appeal may be taken by the person or by the Department
Service Oklahoma from the order or judgment of the district court to
the Supreme Court of the State of Oklahoma as otherwise provided by
law.
SECTION 30. REPEALER 47 O.S. 2021, Section 6-211, as
last amended by Section 72, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-211), is hereby repealed.
SECTION 31. AMENDATORY 47 O.S. 2021, Section 584, as
last amended by Section 4, Chapter 192, O.S.L. 2022 (47 O.S. Supp.
2022, Section 584), is amended to read as follows:
Section 584. A. The Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission may deny an
application for a license, impose a fine not to exceed One Thousand
Dollars ($1,000.00) per occurrence and/or revoke or suspend a
license after it has been granted, when any provision of Sections
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581 through 588 of this title is violated or for any of the
following reasons:
1. On satisfactory proof of unfitness of the applicant or the
licensee, as the case may be, under the standards established by
Sections 581 through 588 of this title;
2. For fraud practices or any material misstatement made by an
applicant in any application for license under the provisions of
Sections 581 through 588 of this title;
3. For any willful failure to comply with any provision of
Section 581 et seq. of this title or with any rule promulgated by
the Commission under authority vested in it by Sections 581 through
588 of this title;
4. Change of condition after license is granted resulting in
failure to maintain the qualifications for license;
5. Continued or flagrant violation of any of the rules of the
Commission;
6. Being a used motor vehicle dealer, a used motor vehicle
salesperson, a wholesale used motor vehicle dealer, or a
manufactured home dealer, a restricted manufactured home park
dealer, a manufactured home installer, a manufactured home
salesperson or a manufactured home manufacturer who:
a.
resorts to or uses any false or misleading advertising
in connection with business as a used motor vehicle
dealer, wholesale used motor vehicle dealer or a
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restricted manufactured home park dealer or
manufactured home dealer, installer or manufacturer,
b.
has committed any unlawful act which resulted in the
revocation of any similar license in another state,
c.
has been convicted of a felony crime that
substantially relates to the occupation of a used
motor vehicle dealer, a wholesale used motor vehicle
dealer, a manufactured home dealer, a restricted
manufactured home park dealer, a manufactured home
installer or a manufactured home manufacturer and
poses a reasonable threat to public safety,
d.
has committed a fraudulent act in selling, purchasing
or otherwise dealing in motor vehicles or manufactured
homes or has misrepresented the terms and conditions
of a sale, purchase or contract for sale or purchase
of a motor vehicle or manufactured home or any
interest therein including an option to purchase such
motor vehicles or manufactured homes,
e.
has engaged in business under a past or present
license issued pursuant to Sections 581 through 588 of
this title, in such a manner as to cause injury to the
public or to those with whom the licensee is dealing,
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f.
has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license,
g.
has failed or refused to furnish and keep in force any
bond required under Sections 581 through 588 of this
title,
h.
has installed or attempted to install a manufactured
home in an unworkmanlike manner, or
i.
employs a person in connection with the sale of
manufactured homes without first obtaining a
certificate of registration for the person;
7. Being a used motor vehicle dealer who:
a.
does not have an established place of business,
b.
employs a person in connection with the sale of used
vehicles without first obtaining a certificate of
registration for the person,
c.
fails or refuses to furnish or keep in force single
limit liability insurance on any vehicle offered for
sale and otherwise required under the financial
responsibility laws of this state, or
d.
is not operating from the address shown on the license
if this change has not been reported to the
Commission; or
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8. Being a manufactured home dealer or a restricted
manufactured home park dealer who:
a.
does not have an established place of business,
b.
fails or refuses to furnish or keep in force garage
liability and completed operations insurance, or
c.
is not operating from the address shown on the license
if this change has not been reported to the
Commission.
B. 1. The Commission shall deny an application for a license,
or revoke or suspend a license after it has been granted, if a
manufactured home dealer does not meet the following guidelines and
restrictions:
a.
a display area for manufactured homes which is easily
accessible, with sufficient parking for the public,
b.
an office for conducting business where the books,
records, and files are kept, with access to a restroom
for the public,
c.
a place of business which meets all zoning, occupancy
and other requirements of the appropriate local
government and regular occupancy by a person, firm, or
corporation engaged in the business of selling
manufactured homes, and
d.
a place of business which is separate and apart from
any other dealer’s location.
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2. The Commission shall deny an application for a restricted
manufactured home park dealer license, or revoke or suspend a
license after it has been granted, if a manufactured home park
dealer does not satisfy the following guidelines and restrictions:
a.
only mobile or manufactured homes that are “ready for
occupancy” are sold or offered for sale,
b.
maintains an office for conducting business where the
books, records, and files are kept, with access to a
restroom for the public,
c.
maintains a place of business which meets all zoning,
occupancy and other requirements of the appropriate
local government and regular occupancy by a person,
firm or corporation engaged in the business of selling
manufactured homes inside a park, and
d.
maintains a place of business which is separate and
apart from any other dealer’s location.
C. The Commission shall deny an application for a license, or
revoke or suspend a license after it has been granted, if a
manufactured home installer:
1. Installs or attempts to install a manufactured home in a
manner that is not in compliance with installation standards as set
by the Commission pursuant to rule; or
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2. Violates or fails to comply with any applicable rule as
promulgated by the Commission concerning manufactured home
installers.
D. The Commission shall deny an application for a license, or
revoke or suspend a license after it has been granted, if a
manufactured home manufacturer violates or fails to comply with any
applicable rule as promulgated by the Commission concerning
manufactured home manufacturers.
E. The Commission shall deny an application for a license by a
motor vehicle manufacturer or factory if the application is for the
purpose of selling used motor vehicles to any retail consumer in the
state, other than through its retail franchised dealers, or acting
as a broker between a seller and a retail buyer. This subsection
does not prohibit a manufacturer from selling used motor vehicles
where the retail customer is a nonprofit organization or a federal,
state, or local government or agency. This subsection does not
prohibit a manufacturer from providing information to a consumer for
the purpose of marketing or facilitating the sale of used motor
vehicles or from establishing a program to sell or offer to sell
used motor vehicles through the manufacturer’s retail franchised
dealers as provided for in Sections 561 through 580.2 of this title.
This subsection shall not prevent a factory from obtaining a
wholesale used motor vehicle dealer’s license or the factory’s
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financing subsidiary from obtaining a wholesale used motor vehicle
dealer’s license.
F. If the Commission denies issuance of a license the
Commission shall provide the grounds for the action to the applicant
in writing and allow the applicant sixty (60) days to resolve any
issues that are the grounds for the action.
G. Each of the aforementioned grounds for suspension,
revocation, or denial of issuance or renewal of license shall also
constitute a violation of Sections 581 through 588 of this title,
unless the person involved has been tried and acquitted of the
offense constituting such grounds.
The suspension, revocation or refusal to issue or renew a
license or the imposition of any other penalty by the Commission
shall be in addition to any penalty which might be imposed upon any
licensee upon a conviction at law for any violation of Sections 581
through 588 of this title.
H. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
conduct for which the person was convicted involved an act or threat
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of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 32. REPEALER 47 O.S. 2021, Section 584, as last
amended by Section 5, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 584), is hereby repealed.
SECTION 33. AMENDATORY 47 O.S. 2021, Section 1102, as
last amended by Section 106, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1102), is amended to read as follows:
Section 1102. As used in the Oklahoma Vehicle License and
Registration Act:
1. “All-terrain vehicle” means a vehicle manufactured and used
exclusively for off-highway use traveling on four or more non-
highway tires, and being fifty (50) inches or less in width;
2. “Carrying capacity” means the carrying capacity of a vehicle
as determined or declared in tons of cargo or payload by the owner;
provided, that such declared capacity shall not be less than the
minimum tonnage capacity fixed, listed or advertised by the
manufacturer of any vehicle;
3. “Certificate of title” means a document which is proof of
legal ownership of a motor vehicle as described and provided for in
Section 1105 of this title;
4. “Chips and oil” or the term “road oil and crushed rock”
means, with respect to materials authorized for use in the surfacing
of roads or highways as provided for in this title or in any
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equivalent statute pertaining to road or highway surfacing in the
State of Oklahoma, any asphaltic materials. Wherever chips and oil
or road oil and crushed rock are authorized for use in the surfacing
of roads or highways in this state, whether by the Department of
Transportation, or by the county commissioners, or other road
building authority subject to the Oklahoma Vehicle License and
Registration Act, asphaltic materials are also authorized for use in
such surfacing and construction;
5. “Combined laden weight” means the weight of a truck or
station wagon and its cargo or payload transported thereon, or the
weight of a truck or truck-tractor plus the weight of any trailers
or semitrailers together with the cargo or payload transported
thereon;
6. “Commercial trailer” means any trailer, as defined in
Section 1-180 of this title, or semitrailer, as defined in Section
1-162 of this title, when such trailer or semitrailer is used
primarily for business or commercial purposes;
7. “Commercial trailer dealer” means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used commercial trailers;
8. “Commercial vehicle” means any vehicle over eight thousand
(8,000) pounds combined laden weight used primarily for business or
commercial purposes. Each motor vehicle being registered pursuant
to the provisions of this section shall have the name of the
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commercial establishment or the words “Commercial Vehicle”
permanently and prominently displayed upon the outside of the
vehicle in letters not less than two (2) inches high. Such letters
shall be in sharp contrast to the background and shall be of
sufficient shape and color as to be readily legible during daylight
hours, from a distance of fifty (50) feet while the vehicle is not
in motion;
9. “Commission” or “Tax Commission” means the Oklahoma Tax
Commission;
10. “Construction machinery” means machines or devices drawn as
trailers which are designed and used for construction, tree trimming
and waste maintenance projects, which derive no revenue from the
transportation of persons or property, whose use of the highway is
only incidental and which are not mounted or affixed to another
vehicle; provided, construction machinery shall not include
implements of husbandry as defined in Section 1-125 of this title;
11. “Dealer” means any person, firm, association, corporation
or trust who sells, solicits or advertises the sale of new and
unused motor vehicles and holds a bona fide contract or franchise in
effect with a manufacturer or distributor of a particular make of
new or unused motor vehicle or vehicles for the sale of same;
12. “Mini-truck” means a foreign-manufactured import or
domestic-manufactured vehicle powered by an internal combustion
engine with a piston or rotor displacement of one thousand cubic
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centimeters (1,000 cc) or less, which is sixty-seven (67) inches or
less in width, with an unladen dry weight of three thousand four
hundred (3,400) pounds or less, traveling on four or more tires,
having a top speed of approximately fifty-five (55) miles per hour,
equipped with a bed or compartment for hauling, and having an
enclosed passenger cab;
13. “Interstate commerce” means any commerce moving between any
place in a state and any place in another state or between places in
the same state through another state;
14. “Laden weight” means the combined weight of a vehicle when
fully equipped for use and the cargo or payload transported thereon;
provided, that in no event shall the laden weight be less than the
unladen weight of the vehicle fully equipped for use, plus the
manufacturer’s rated carrying capacity;
15. “Local authorities” means every county, municipality or
local board or body having authority to adopt police regulations
under the Constitution and laws of this state;
16. “Low-speed electrical vehicle” means any four-wheeled
electrical vehicle that is powered by an electric motor that draws
current from rechargeable storage batteries or other sources of
electrical current and whose top speed is greater than twenty (20)
miles per hour but not greater than twenty-five (25) miles per hour
and is manufactured in compliance with the National Highway Traffic
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Safety Administration standards for low-speed vehicles in 49 C.F.R.
571.500;
17. “Manufactured home” means a residential dwelling built in
accordance with the National Manufactured Housing Construction and
Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and
rules promulgated pursuant thereto and the rules promulgated by the
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission pursuant to Section 582 of this title.
Manufactured home shall not mean a park model recreational vehicle
as defined in this section;
18. “Manufactured home dealer” means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used manufactured homes. Such information
and a valid franchise letter as proof of authorization to sell any
such new manufactured home product line or lines shall be attached
to the application for a dealer license to sell manufactured homes.
“Manufactured home dealer” shall not include any person, firm or
corporation who sells or contracts for the sale of the dealer’s own
personally titled manufactured home or homes. No person, firm or
corporation shall be considered a manufactured home dealer as to any
manufactured home purchased or acquired by such person, firm or
corporation for purposes other than resale; provided, that the
restriction set forth in this sentence shall not prevent an
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otherwise qualified person, firm or corporation from utilizing a
single manufactured home as a sales office;
19. “Medium-speed electrical vehicle” means any self-propelled,
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otherwise qualified person, firm or corporation from utilizing a
single manufactured home as a sales office;
19. “Medium-speed electrical vehicle” means any self-propelled,
electrically powered four-wheeled motor vehicle, equipped with a
roll cage or crush-proof body design, whose speed attainable in one
(1) mile is more than thirty (30) miles per hour but not greater
than thirty-five (35) miles per hour;
20. “Licensed operator” means any person appointed, designated
or authorized by Service Oklahoma to collect the fees and to enforce
the provisions provided for in the Oklahoma Vehicle License and
Registration Act;
21. “New vehicle” or “unused vehicle” means a vehicle which has
been in the possession of the manufacturer, distributor or
wholesaler or has been sold only by the manufacturer, distributor or
wholesaler to a dealer;
22. “Nonresident” means any person who is not a resident of
this state;
23. “Off-road motorcycle” means any motorcycle, as defined in
Section 1-135 of this title, when such motorcycle has been
manufactured for and used exclusively off roads, highways and any
other paved surfaces;
24. “Owner” means any person owning, operating or possessing
any vehicle herein defined;
25. “Park model recreational vehicle” means a vehicle that is:
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a.
designed and marketed as temporary living quarters for
camping, recreational, seasonal or travel use,
b.
not permanently affixed to real property for use as a
permanent dwelling,
c.
built on a single chassis mounted on wheels with a
gross trailer area not exceeding four hundred (400)
square feet in the setup mode, and
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certified by the manufacturer as complying with
standard A119.5 of the American National Standards
Institute, Inc.;
26. “Person” means any individual, copartner, joint venture,
association, corporation, limited liability company, estate, trust,
business trust, syndicate, the State of Oklahoma, or any county,
city, municipality, school district or other political subdivision
thereof, or any group or combination acting as a unit, or any
receiver appointed by the state or federal court;
27. “Rebodied vehicle” means a vehicle:
a.
which has been assembled using a new body or new major
component which is of the identical type as the
original vehicle and is licensed by the manufacturer
of the original vehicle and other original, new or
reconditioned parts. For purposes of this paragraph,
“new body or new major component” means a new body,
cab, frame, front end clip or rear end clip,
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b.
which is not a salvage, rebuilt, or junked vehicle as
defined by paragraph 1, 2, or 6 of subsection A of
Section 1105 of this title, and
c.
for which Service Oklahoma has assigned or will assign
a new identifying number;
28. “Recreational off-highway vehicle” means a vehicle
manufactured and used exclusively for off-highway use, traveling on
four or more non-highway tires, and being sixty-five (65) inches or
less in width;
29. “Recreational vehicle” means every vehicle which is built
on or permanently attached to a self-propelled motor chassis or
chassis cab which becomes an integral part of the completed vehicle
and is capable of being operated on the highways. In order to
qualify as a recreational vehicle pursuant to this paragraph such
vehicle shall be permanently constructed and equipped for human
habitation, having its own sleeping and kitchen facilities,
including permanently affixed cooking facilities, water tanks and
holding tank with permanent toilet facilities. Recreational vehicle
shall not include manufactured homes or any vehicle with portable
sleeping, toilet and kitchen facilities which are designed to be
removed from such vehicle. Recreational vehicle shall include park
model recreational vehicles as defined in this section;
30. “Remanufactured vehicle” means a vehicle which has been
assembled by a vehicle remanufacturer using a new body and which may
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include original, reconditioned, or remanufactured parts, and which
is not a salvage, rebuilt, or junked vehicle as defined by
paragraphs 1, 2, and 6, respectively, of subsection A of Section
1105 of this title;
31. “Rental trailer” means all small or utility trailers or
semitrailers constructed and suitable for towing by a passenger
automobile and designed only for carrying property, when the
trailers or semitrailers are owned by, or are in the possession of,
any person engaged in renting or leasing such trailers or
semitrailers for intrastate or interstate use or combined intrastate
and interstate use;
32. “Special mobilized machinery” means special purpose
machines or devices, either self-propelled or drawn as trailers or
semitrailers, which derive no revenue from the transportation of
persons or property, whose use of the highway is only incidental,
and whose useful revenue producing service is performed at
destinations in an area away from the traveled surface of an
established open highway;
33. “State” means the State of Oklahoma;
34. “Station wagon” means any passenger vehicle which does not
have a separate luggage compartment or trunk and which does not have
open beds, and has one or more rear seats readily lifted out or
folded, whether same is called a station wagon or ranch wagon;
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35. “Street-legal utility vehicle” means a vehicle meeting the
description and specifications of Section 1-171.1 of this title;
36. “Travel trailer” means any vehicular portable structure
built on a chassis, used as a temporary dwelling for travel,
recreational or vacational use, and, when factory-equipped for the
road, it shall have a body width not exceeding eight (8) feet and an
overall length not exceeding forty (40) feet, including the hitch or
coupling;
37. “Travel trailer dealer” means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used travel trailers. Such information and
a valid franchise letter as proof of authorization to sell any such
new travel trailer product line or lines shall be attached to the
application for a dealer license to sell travel trailers. “Travel
trailer dealer” shall not include any person, firm or corporation
who sells or contracts for the sale of his or her own personally
titled travel trailer or trailers. No person, firm or corporation
shall be considered as a travel trailer dealer as to any travel
trailer purchased or acquired by such person, firm or corporation
for purposes other than resale;
38. “Used motor vehicle dealer” means “used motor vehicle
dealer” as defined in Section 581 of this title;
39. “Used vehicle” means any vehicle which has been sold,
bargained, exchanged or given away, or used to the extent that it
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has become what is commonly known, and generally recognized, as a
“secondhand” vehicle. This shall also include any vehicle other
than a remanufactured vehicle, regardless of age, owned by any
person who is not a dealer;
40. “Utility vehicle” means a vehicle powered by an internal
combustion engine, manufactured and used exclusively for off-highway
use, equipped with seating for two or more people and a steering
wheel, traveling on four or more wheels;
41. “Vehicle” means any type of conveyance or device in, upon
or by which a person or property is or may be transported from one
location to another upon the avenues of public access within the
state. “Vehicle” does not include bicycles, trailers except travel
trailers and rental trailers, or implements of husbandry as defined
in Section 1-125 of this title. All implements of husbandry used as
conveyances shall be required to display the owner’s driver license
number or license plate number of any vehicle owned by the owner of
the implement of husbandry on the rear of the implement in numbers
not less than two (2) inches in height. The use of the owner’s
Social Security number on the rear of the implement of husbandry
shall not be required; and
42. “Vehicle remanufacturer” means a commercial entity which
assembles remanufactured vehicles.
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SECTION 34. REPEALER 47 O.S. 2021, Section 1102, as last
amended by Section 19, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1102), is hereby repealed.
SECTION 35. AMENDATORY 47 O.S. 2021, Section 1104, as
last amended by Section 1, Chapter 363, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1104), is amended to read as follows:
Section 1104. A. Unless otherwise provided by law, all fees,
taxes and penalties collected or received pursuant to the Oklahoma
Vehicle License and Registration Act or Section 1-101 et seq. of
this title shall be apportioned and distributed monthly by the
Oklahoma Tax Commission in accordance with this section.
B. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the various
school districts in accordance with paragraph 2 of this subsection:
a.
from October 1, 2000, until June 30, 2001, thirty-five
and forty-six one-hundredths percent (35.46%),
b.
for the year beginning July 1, 2001, and ending June
30, 2002, thirty-five and ninety-one one-hundredths
percent (35.91%),
c.
for the year beginning July 1, 2002, through the year
ending on June 30, 2015, thirty-six and twenty one-
hundredths percent (36.20%),
d.
for the year beginning July 1, 2015, through the year
ending on June 30, 2019, thirty-six and twenty one-
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hundredths percent (36.20%), but in no event shall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e.
for the year beginning July 1, 2019, and all
subsequent years, thirty-six and twenty one-hundredths
percent (36.20%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be apportioned to the
various school districts so that each district shall receive an
amount based upon the proportion that each district’s average daily
attendance bears to the total average daily attendance of those
districts entitled to receive funds pursuant to this section as
certified by the State Department of Education.
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Each district’s allocation of funds shall be remitted to the
county treasurer of the county wherein the administrative
headquarters of the district are located.
No district shall be eligible for the funds herein provided
unless the district makes an ad valorem tax levy of fifteen (15)
mills and maintains nine (9) years of instruction and pursuant to
the rules of the State Board of Education, is authorized to maintain
ten (10) years of instruction.
C. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the General Revenue Fund of the State
Treasury:
1. From October 1, 2000, until June 30, 2001, forty-five and
ninety-seven one-hundredths percent (45.97%);
2. For the year beginning July 1, 2001, and ending June 30,
2002, forty-five and twenty-nine one-hundredths percent (45.29%);
3. For the year beginning July 1, 2002, and for the subsequent
fiscal years ending June 30, 2007, forty-four and eighty-four one-
hundredths percent (44.84%);
4. For the year beginning July 1, 2007, and ending June 30,
2008, thirty-nine and eighty-four one-hundredths percent (39.84%);
5. For the year beginning July 1, 2008, and ending June 30,
2009, thirty-four and eighty-four one-hundredths percent (34.84%);
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6. For the period beginning July 1, 2009, and ending December
31, 2012, twenty-nine and eighty-four one-hundredths percent
(29.84%);
7. For the period beginning January 1, 2013, and ending June
30, 2013, twenty-nine and thirty-four one-hundredths percent
(29.34%);
8. For the year beginning July 1, 2013, and ending June 30,
2014, twenty-six and eighty-four one-hundredths percent (26.84%);
and
9. For the year beginning July 1, 2014, through the year ending
June 30, 2019, twenty-four and eighty-four one-hundredths percent
(24.84%).
D. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the State Transportation Fund:
1. From October 1, 2000, until June 30, 2001, thirty one-
hundredths percent (0.30%);
2. For the year beginning July 1, 2001, through the year ending
on June 30, 2015, thirty-one one-hundredths percent (0.31%);
3. For the year beginning July 1, 2015, through the year ending
on June 30, 2019, thirty-one one-hundredths percent (0.31%), but in
no event shall the amount apportioned in any fiscal year pursuant to
this paragraph exceed the total amount apportioned for the fiscal
year ending on June 30, 2015. Any amounts in excess of such
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limitation shall be placed to the credit of the General Revenue
Fund; and
4. For the year beginning July 1, 2019, and all subsequent
years, thirty-one one-hundredths percent (0.31%), but in no event
shall the amount apportioned in any fiscal year pursuant to this
paragraph exceed the total amount apportioned for the fiscal year
ending on June 30, 2015. Any amounts in excess of such limitation
shall be placed to the credit of the Rebuilding Oklahoma Access and
Driver Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
E. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the various
counties as set forth in paragraph 2 of this subsection:
a.
from October 1, 2000, until June 30, 2001, seven and
nine one-hundredths percent (7.09%),
b.
for the year beginning July 1, 2001, and ending June
30, 2002, seven and eighteen one-hundredths percent
(7.18%),
c.
for the year beginning July 1, 2002, through the year
ending on June 30, 2015, seven and twenty-four one-
hundredths percent (7.24%),
d.
for the year beginning July 1, 2015, through the year
ending on June 30, 2019, seven and twenty-four one-
hundredths percent (7.24%), but in no event shall the
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amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e.
for the year beginning July 1, 2019, and all
subsequent years, seven and twenty-four one-hundredths
percent (7.24%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be apportioned as follows:
forty percent (40%) of such sum shall be distributed to the various
counties in that proportion which the county road mileage of each
county bears to the entire state road mileage as certified by the
Transportation Commission and the remaining sixty percent (60%) of
such sum shall be distributed to the various counties on the basis
which the population and area of each county bears to the total
population and area of the state. The population shall be as shown
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by the last Federal Census or the most recent annual estimate
provided by the United States Bureau of the Census. The funds shall
be used for the purpose of constructing and maintaining county
highways; provided, however, the county treasurer may deposit so
much of the funds in the sinking fund as may be necessary for the
retirement of interest and annual accrual of indebtedness created by
the issuance of county or township bonds for road purposes. Such
deposits to the sinking fund shall not exceed forty percent (40%) of
the funds allocated to a county pursuant to this paragraph.
F. 1. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the county
treasurers of the respective counties and by them deposited in a
separate special revenue fund to be used by the county commissioners
in accordance with paragraph 2 of this subsection:
a.
from October 1, 2000, until June 30, 2001, two and
fifty-three one-hundredths percent (2.53%),
b.
for the year beginning July 1, 2001, and ending June
30, 2002, two and fifty-six one-hundredths percent
(2.56%),
c.
for the year beginning July 1, 2002, through the year
ending on June 30, 2015, two and fifty-nine one-
hundredths percent (2.59%),
d.
for the year beginning July 1, 2015, through the year
ending on June 30, 2019, two and fifty-nine one-
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hundredths percent (2.59%), but in no event shall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e.
for the year beginning July 1, 2019, and all
subsequent years, two and fifty-nine one-hundredths
percent (2.59%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be used for the primary
purpose of matching federal funds for the construction of federal
aid projects on county roads, or constructing and maintaining county
or township highways and permanent bridges of such counties. The
distribution of monies apportioned by this paragraph shall be made
upon the basis of the current formula based upon road mileage, area
and population as related to county road improvement and maintenance
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costs. Provided, however, the Department of Transportation may
update the formula factors from time to time as necessary to account
for changing conditions.
G. 1. The following percentages of the monies referred to in
subsection A of this section shall be transmitted by the Tax
Commission to the various counties as set forth in paragraph 2 of
this subsection:
a.
from October 1, 2000, until June 30, 2001, three and
fifty-five one-hundredths percent (3.55%),
b.
for the year beginning July 1, 2001, and ending June
30, 2002, three and fifty-nine one-hundredths percent
(3.59%),
c.
for the year beginning July 1, 2002, through the year
ending on June 30, 2015, three and sixty-two one-
hundredths percent (3.62%),
d.
for the year beginning July 1, 2015, through the year
ending on June 30, 2019, three and sixty-two one-
hundredths percent (3.62%), but in no event shall the
amount apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
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e.
for the year beginning July 1, 2019, and all
subsequent years, three and sixty-two one-hundredths
percent (3.62%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the Rebuilding Oklahoma Access and Driver
Safety Fund created in Section 1521 of Title 69 of the
Oklahoma Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be transmitted to the
various counties on the basis of a formula to be developed by the
Department of Transportation. Such formula shall be similar to that
currently used for the distribution of County Bridge Program Funds,
but also taking into consideration the effect of terrain and traffic
volume as related to county road improvement and maintenance costs.
Provided, however, the Department of Transportation may update the
formula factors from time to time as necessary to account for
changing conditions. The funds shall be transmitted to the various
county treasurers to be deposited in the county highway fund of
their respective counties.
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H. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the various
counties as set forth in paragraph 2 of this subsection:
a.
from October 1, 2000, until June 30, 2001, eighty-one
one-hundredths percent (0.81%),
b.
for the year beginning July 1, 2001, and ending June
30, 2002, eighty-two one-hundredths percent (0.82%),
c.
for the year beginning July 1, 2002, through the year
ending on June 30, 2015, eighty-three one-hundredths
percent (0.83%),
d.
for the year beginning July 1, 2015, through the year
ending on June 30, 2019, eighty-three one-hundredths
percent (0.83%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e.
for the year beginning July 1, 2019, and all
subsequent years, eighty-three one-hundredths percent
(0.83%), but in no event shall the amount apportioned
in any fiscal year pursuant to this subparagraph
exceed the total amount apportioned for the fiscal
year ending on June 30, 2015. Any amounts in excess
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of such limitation shall be placed to the credit of
the Rebuilding Oklahoma Access and Driver Safety Fund
created in Section 1521 of Title 69 of the Oklahoma
Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be apportioned to the
various counties based upon the proportion that each county’s
population bears to the total state population.
Each county’s allocation of funds shall be remitted to the
various county treasurers to be deposited in the general fund of the
county and used for the support of county government.
I. 1. The following percentages of the monies referred to in
subsection A of this section shall be apportioned to the various
cities and incorporated towns as set forth in paragraph 2 of this
subsection:
a.
from October 1, 2000, until June 30, 2001, three and
four one-hundredths percent (3.04%),
b.
for the year beginning July 1, 2001, and ending June
30, 2002, three and eight one-hundredths percent
(3.08%),
c.
for the year beginning July 1, 2002, through the year
ending on June 30, 2015, three and ten one-hundredths
percent (3.10%),
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d.
for the year beginning July 1, 2015, through the year
ending on June 30, 2019, three and ten one-hundredths
percent (3.10%), but in no event shall the amount
apportioned in any fiscal year pursuant to this
subparagraph exceed the total amount apportioned for
the fiscal year ending on June 30, 2015. Any amounts
in excess of such limitation shall be placed to the
credit of the General Revenue Fund, and
e.
for the year beginning July 1, 2019, and all
subsequent years, three and ten one-hundredths percent
(3.10%), but in no event shall the amount apportioned
in any fiscal year pursuant to this subparagraph
exceed the total amount apportioned for the fiscal
year ending on June 30, 2015. Any amounts in excess
of such limitation shall be placed to the credit of
the Rebuilding Oklahoma Access and Driver Safety Fund
created in Section 1521 of Title 69 of the Oklahoma
Statutes.
2. The monies apportioned pursuant to subparagraphs a through e
of paragraph 1 of this subsection shall be apportioned to the
various cities and incorporated towns based upon the proportion that
each city or incorporated town’s population bears to the total
population of all cities and incorporated towns in the state. Such
funds shall be remitted to the various county treasurers for
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allocation to the various cities and incorporated towns. All such
funds shall be used for the construction, maintenance, repair,
improvement and lighting of streets and alleys. Provided, however,
the governing board of any city or town may, with the approval of
the county excise board, transfer any surplus funds to the general
revenue fund of such city or town whenever an emergency requires
such a transfer.
J. The following percentages of the monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the Oklahoma Law Enforcement Retirement
Fund:
1. From October 1, 2000, until June 30, 2001, one and twenty-
two one-hundredths percent (1.22%);
2. For the year beginning July 1, 2001, and ending June 30,
2002, one and twenty-three one-hundredths percent (1.23%); and
3. For the year beginning July 1, 2002, and all subsequent
years, one and twenty-four one-hundredths percent (1.24%).
K. Three one-hundredths of one percent (3/100 of 1%) of the
monies referred to in subsection A of this section shall be remitted
to the State Treasurer to be credited to the Wildlife Conservation
Fund. Seventy-five percent (75%) of the funds shall be used for
fish habitat restoration and twenty-five percent (25%) of the funds
shall be used in the fish hatchery system for fish production.
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L. 1. For the year beginning July 1, 2007, and ending June 30,
2008, five percent (5%) of monies referred to in subsection A of
this section shall be remitted to the State Treasurer to be credited
to the County Improvements for Roads and Bridges Fund as created in
Section 507 of Title 69 of the Oklahoma Statutes.
2. For the year beginning July 1, 2008, and ending June 30,
2009, ten percent (10%) of monies referred to in subsection A of
this section shall be remitted to the State Treasurer to be credited
to the County Improvements for Roads and Bridges Fund as created in
Section 507 of Title 69 of the Oklahoma Statutes.
3. For the period beginning July 1, 2009, and ending December
31, 2012, fifteen percent (15%) of monies referred to in subsection
A of this section shall be remitted to the State Treasurer to be
credited to the County Improvements for Roads and Bridges Fund as
created in Section 507 of Title 69 of the Oklahoma Statutes.
4. For the period beginning January 1, 2013, and ending June
30, 2013, fifteen and fifty one-hundredths percent (15.50%) of
monies referred to in subsection A of this section shall be remitted
to the State Treasurer to be credited to the County Improvements for
Roads and Bridges Fund as created in Section 507 of Title 69 of the
Oklahoma Statutes.
5. For the year beginning July 1, 2013, and ending June 30,
2014, eighteen percent (18%) of monies referred to in subsection A
of this section shall be remitted to the State Treasurer to be
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credited to the County Improvements for Roads and Bridges Fund as
created in Section 507 of Title 69 of the Oklahoma Statutes.
6. For the year beginning July 1, 2014, twenty percent (20%) of
monies referred to in subsection A of this section shall be remitted
to the State Treasurer to be credited to the County Improvements for
Roads and Bridges Fund as created in Section 507 of Title 69 of the
Oklahoma Statutes.
7. For the year beginning July 1, 2015, through the year ending
on June 30, 2019, twenty percent (20%) of monies referred to in
subsection A of this section shall be remitted to the State
Treasurer to be credited to the County Improvements for Roads and
Bridges Fund as created in Section 507 of Title 69 of the Oklahoma
Statutes, but in no event shall the total amount apportioned in any
fiscal year pursuant to this paragraph exceed One Hundred Twenty
Million Dollars ($120,000,000.00). Any amounts in excess of One
Hundred Twenty Million Dollars ($120,000,000.00) shall be placed to
the credit of the General Revenue Fund.
8.
a.
Except as provided in subparagraph b of this
paragraph, for the year beginning July 1, 2019, and
all subsequent years, twenty percent (20%) of monies
referred to in subsection A of this section shall be
remitted to the State Treasurer to be credited to the
County Improvements for Roads and Bridges Fund as
created in Section 507 of Title 69 of the Oklahoma
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Statutes, but in no event shall the total amount
apportioned in any fiscal year pursuant to this
paragraph exceed the fiscal year limitations provided
in subparagraph c of this paragraph. Any amounts in
excess of the fiscal year limitations provided in
subparagraph c of this paragraph shall be placed to
the credit of the Rebuilding Oklahoma Access and
Driver Safety Fund created in Section 1521 of Title 69
of the Oklahoma Statutes,
b.
(1) for the fiscal year beginning July 1, 2021,
through the fiscal year ending June 30, 2026, the
Oklahoma Tax Commission shall remit twenty-five
percent (25%) of the monthly allocation,
otherwise scheduled to be credited to the County
Improvements for Roads and Bridges Fund, to the
various counties of the state. The Commission
shall distribute such funds monthly to each
county treasurer as follows:
(a) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the area of each county
bears to the total area of the state,
(b) one-third (1/3) of such funds shall be
distributed to the various counties in the
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proportion which the certified county road
miles of each county bear to the total sum
of county road miles in the state, and
(c) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the total replacement cost
for obsolete or deficient bridges according
to the most recent ODOT yearly Bridge
Summary Report for County Bridges for each
county bears to the total amount of such
cost for all such county bridges in the
state, and
(2) for the fiscal year beginning July 1, 2026, and
all subsequent fiscal years thereafter, the
Oklahoma Tax Commission shall remit twenty-five
percent (25%) of the monthly allocation,
otherwise scheduled to be credited to the County
Improvements for Roads and Bridges Fund, to the
various counties of the state. The Commission
shall distribute such funds monthly to each
county treasurer as follows:
(a) one-third (1/3) of such funds shall be
distributed to the various counties in the
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proportion which the area of each county
bears to the total area of the state,
(b) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the certified county road
miles of each county bear to the total sum
of county road miles in the state, and
(c) one-third (1/3) of such funds shall be
distributed to the various counties in the
proportion which the number of county
bridges in each county according to the ODOT
2020 Bridge Summary Report for County
Bridges bears to the total sum of county
bridges in the state according to such
report.
Each county treasurer shall deposit such funds to the
county’s county highway fund and such funds shall be used
for maintenance and operations. In no event shall the
total amount apportioned in any fiscal year pursuant to the
provisions of subparagraphs a and b of this paragraph
exceed the fiscal year limitations provided in subparagraph
c of this paragraph, and
c.
the total amount apportioned each fiscal year pursuant
to this paragraph shall be limited as follows:
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(1) for fiscal years 2020
through 2022
$120,000,000.00,
(2) for fiscal year 2023
$125,000,000.00,
(3) for fiscal year 2024
$130,000,000.00,
(4) for fiscal year 2025
$135,000,000.00,
(5) for fiscal year 2026
$140,000,000.00,
(6) for fiscal year 2027
$145,000,000.00,
(7) for fiscal year 2028 and all
subsequent fiscal years
thereafter
$150,000,000.00.
M. Twenty-four and eighty-four one-hundredths percent (24.84%)
of the monies referred to in subsection A of this section shall be
remitted to the State Treasurer to be credited to the Rebuilding
Oklahoma Access and Driver Safety Fund created in Section 1521 of
Title 69 of the Oklahoma Statutes.
N. Monies allocated to counties by this section may be
estimated by the county excise board in the budget for the county as
anticipated revenue to the extent of ninety percent (90%) of the
previous year’s income from such source; provided, not more than
fifteen percent (15%) can be encumbered during any month.
O. Notwithstanding any other provisions of this section, for
the fiscal year beginning July 1, 2003, the first One Hundred
Thousand Dollars ($100,000.00) of the monies collected or received
by the Tax Commission pursuant to the registration of motorcycles
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and mopeds in this state shall be placed to the credit of the
Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023,
the first One Hundred Thousand Dollars ($100,000.00) of the monies
collected or received by Service Oklahoma pursuant to the
registration of motorcycles and mopeds in this state shall be placed
to the credit of the Service Oklahoma Revolving Fund.
SECTION 36. REPEALER 47 O.S. 2021, Section 1104, as last
amended by Section 107, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1104), is hereby repealed.
SECTION 37. AMENDATORY 47 O.S. 2021, Section 1105, as
last amended by Section 110, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1105), is amended to read as follows:
Section 1105. A. As used in the Oklahoma Vehicle License and
Registration Act:
1. “Salvage vehicle” means any vehicle which is within the last
ten (10) model years and which has been damaged by collision or
other occurrence to the extent that the cost of repairing the
vehicle for safe operation on the highway exceeds sixty percent
(60%) of its fair market value, as defined by Section 1111 of this
title, immediately prior to the damage. For purposes of this
section, actual repair costs shall only include labor and parts for
actual damage to the suspension, motor, transmission, frame or
unibody and designated structural components;
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2. “Rebuilt vehicle” means any salvage vehicle which has been
rebuilt and inspected for the purpose of registration and title;
3. “Flood-damaged vehicle” means a salvage or rebuilt vehicle
which was damaged by flooding or a vehicle which was submerged at a
level to or above the dashboard of the vehicle and on which an
amount of loss was paid by the insurer;
4. “Unrecovered-theft vehicle” means a vehicle which has been
stolen and not yet recovered;
5. “Recovered-theft vehicle” means a vehicle, including a
salvage or rebuilt vehicle, which was recovered from a theft; and
6. “Junked vehicle” means any vehicle which is incapable of
operation or use on the highway, has no resale value except as a
source of parts or scrap and has an eighty percent (80%) loss in
fair market value.
B. The owner of every vehicle in this state shall possess a
certificate of title as proof of ownership of such vehicle, except
those vehicles registered pursuant to Section 1120 of this title and
trailers registered pursuant to Section 1133 of this title,
previously titled by anyone in another state and engaged in
interstate commerce, and except as provided in subsection M of this
section. Except for owners that possess an agricultural exemption
permit pursuant to Section 1358.1 of Title 68 of the Oklahoma
Statutes, the owner of an all-terrain vehicle or a motorcycle used
exclusively off roads or highways in this state which is purchased
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or the ownership of which is transferred on or after July 1, 2005,
and the owner of a utility vehicle used exclusively off roads and
highways in this state which is purchased or the ownership of which
is transferred on or after July 1, 2008, shall possess a certificate
of title as proof of ownership. Any person possessing an
agricultural exemption permit and owning an all-terrain vehicle or a
motorcycle used exclusively off roads or highways in this state
which is purchased or the ownership of which is transferred on or
after July 1, 2008, shall possess a certificate of title as proof of
ownership. Upon receipt of proper application information by such
owner, Service Oklahoma shall issue an original or transfer
certificate of title. Until July 1, 2008, any security interest in
an all-terrain vehicle that attached and was perfected before July
1, 2005, and that has not otherwise terminated shall remain
perfected, and shall take priority over any subsequently perfected
security interest in the same all-terrain vehicle, notwithstanding
that a certificate of title may have been issued with respect to the
same all-terrain vehicle on or after July 1, 2005, and that a lien
may have been recorded on said certificate of title. There shall be
eight types of certificates of title:
1. Original title for any motor vehicle which is not a
remanufactured, salvage, unrecovered-theft, rebuilt, rebodied or
junked vehicle;
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2. Salvage title for any motor vehicle which is a salvage
vehicle or is specified as a salvage vehicle or the equivalent
thereof on a certificate of title from another state;
3. Rebuilt title for any motor vehicle which is a rebuilt
vehicle;
4. Junked title for any motor vehicle which is a junked vehicle
or is specified as a junked vehicle or the equivalent thereof on a
certificate of title from another state;
5. Classic title for any motor vehicle, except a junked
vehicle, which is twenty-five (25) model years or older;
6. Remanufactured title for any vehicle which is a
remanufactured vehicle;
7. Unrecovered-theft title for any motor vehicle which has been
stolen and not recovered; and
8. Rebodied title for any motor vehicle which is a rebodied
vehicle.
Application for a certificate of title, whether the initial
certificate of title or a duplicate, may be made to Service Oklahoma
or any licensed operator. When application is made with a licensed
operator, the application information shall be transmitted either
electronically or by mail to Service Oklahoma by the licensed
operator. If the application information is transmitted
electronically, the licensed operator shall forward the required
application along with evidence of ownership, where required, by
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mail. Where the transmission of application information cannot be
performed electronically, Service Oklahoma is authorized to provide
postage paid envelopes to licensed operators for the purpose of
mailing the application along with evidence of ownership, where
required. Service Oklahoma shall upon receipt of proper application
information issue an Oklahoma certificate of title. The
certificates may be mailed to the applicant. Upon issuance of a
certificate of title, Service Oklahoma shall provide the appropriate
licensed operator with confirmation of such issuance.
C. 1. The application for certificate of title shall be upon a
blank form furnished by Service Oklahoma, containing:
a.
a full description of the vehicle,
b.
the manufacturer’s serial or other identification
number,
c.
the motor number and the date on which first sold by
the manufacturer or dealer to the owner,
d.
any distinguishing marks,
e.
a statement of the applicant’s source of title,
f.
any security interest upon the vehicle, and
g.
such other information as Service Oklahoma may
require.
2. The application for a certificate of title for a vehicle
which is within the last seven (7) model years shall require a
declaration as to whether the vehicle has been damaged by collision
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or other occurrence and whether the vehicle has been recovered from
theft and the extent of the damage to the vehicle. The declaration
shall be made by the owner of a vehicle if:
a.
the vehicle has been damaged or stolen,
b.
the owner did or did not receive any payment for the
loss from an insurer, or
c.
the vehicle is titled or registered in a state that
does not classify the vehicle or brand the title
because of damage to or loss of the vehicle similar to
the classifications or brands utilized by this state.
The declaration shall be based upon the best information and
knowledge of the owner and shall be in addition to the requirements
specified in paragraph 1 of this subsection. Service Oklahoma shall
not issue a certificate of title for a vehicle which is subject to
the provisions of this paragraph without the required declaration,
completed and signed by the owner of the vehicle. Upon receipt of
an application without the properly completed declaration, Service
Oklahoma shall return the application to the applicant with notice
that the title may not be issued without the required declaration.
Nothing in this paragraph shall prohibit Service Oklahoma from
recognizing the type of or brand on a title or other ownership
document issued by another state or the inspection conducted in
another state and issuing the appropriate certificate of title for
the vehicle.
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3. The certificate of title shall have the following security
features:
a.
intaglio printing or security thread, with or without
watermark,
b.
latent images,
c.
fluorescent inks,
d.
micro print,
e.
void background, and
f.
color coding.
4. Each title issued pursuant to the provisions of the Oklahoma
Vehicle License and Registration Act shall be color coded as
determined by Service Oklahoma.
5. The certificate of title shall be of such size and design
and color as Service Oklahoma may direct pursuant to the provisions
of this section. The title shall be on colored paper or other
material as designated by Service Oklahoma and be of such intensity
or hue as will allow easy identification as to whether the title is
an original title, a salvage title, a rebuilt title, remanufactured
title, rebodied title or a junked title. The type of title shall be
identified on the front of the certificate of title. The original
title, rebuilt title, remanufactured title, an unrecovered-theft
title, rebodied title or classic title shall be identified by the
word “Original”, “Rebuilt”, “Remanufactured”, “Unrecovered Theft”,
“Rebodied” or “Classic” printed in the upper right quadrant of the
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certificate of title, in the space which is currently captioned
“type of title”. A rebodied title shall also identify on the front
of the title the year, make and model of the originally manufactured
vehicle which has been rebodied and display a notation that reads as
follows: “This vehicle has been assembled with new major components
licensed by the original manufacturer.”
D. 1. To obtain an original certificate of title for a vehicle
that is being registered for the first time in this state which has
not been previously registered in any other state, the applicant
shall be required to deliver, as evidence of ownership, a
manufacturer’s certificate of origin properly assigned by the
manufacturer, distributor, or dealer licensed in this or any other
state shown thereon to be the last transferee to the applicant upon
a form to be prescribed and approved by Service Oklahoma. A
manufacturer’s certificate of origin shall contain:
a.
the manufacturer’s serial or other identification
number,
b.
date on which first sold by the manufacturer to the
dealer,
c.
any distinguishing marks including model and the year
same was made,
d.
a statement of any security interests upon the
vehicle, and
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e.
such other information as Service Oklahoma may
require.
2. The manufacturer’s certificate of origin shall have the
following security features:
a.
intaglio printing or security thread, with or without
watermark,
b.
latent images,
c.
fluorescent inks,
d.
micro print, and
e.
void background.
E. In the absence of a dealer’s or manufacturer’s number,
Service Oklahoma may assign such identifying number to the vehicle,
which shall be permanently stamped, burned or pressed or attached
into the vehicle, and a certificate of title shall be delivered to
the applicant upon payment of all fees and taxes, and the remaining
copies shall be permanently filed and indexed by Service Oklahoma.
Service Oklahoma shall assign an identifying number to any rebuilt
vehicle if the vehicle identification number displayed on the
rebuilt vehicle does not accurately describe the vehicle as rebuilt.
The licensed operator, at the time of inspection of the rebuilt
vehicle pursuant to Section 1111 of this title, shall identify the
make, model, and year for the body to accurately describe the
rebuilt vehicle. At the time of the inspection, an appropriate
identifying number shall be permanently stamped, burned, pressed, or
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attached on the rebuilt vehicle. The assigned identifying number
shall be recorded on the certificate of title for the rebuilt
vehicle. The dealer’s or manufacturer’s vehicle identification
number on the rebuilt vehicle shall be preserved in the computer
files of Service Oklahoma for at least five (5) years.
F. When registering for the first time in this state a vehicle
which was not originally manufactured for sale in the United States,
to obtain a certificate of title, Service Oklahoma shall require the
applicant to deliver:
1. As evidence of ownership, if the vehicle has not previously
been titled in the United States, the documents constituting valid
proof of ownership in the country in which the vehicle was
originally purchased, together with a notarized translation of any
such documents; and
2. As evidence of compliance with federal law, copies of the
bond release letters for the vehicle issued by the United States
Environmental Protection Agency and the United States Department of
Transportation, together with a receipt issued by the Internal
Revenue Service indicating that the applicable federal gas guzzler
tax has been paid.
Service Oklahoma shall not issue a certificate of title for a
vehicle which is subject to the provisions of this paragraph without
the required documentation from agencies of the United States and
evidence of ownership. Upon receipt of an application without the
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required documentation, Service Oklahoma shall return the
application to the applicant with notice that the certificate of
title may not be issued without the required documentation. Nothing
in this paragraph shall prohibit Service Oklahoma from issuing
certificates of title for antique or classic vehicles not driven
upon the public streets, roads, or highways, for mini-trucks
registered pursuant to Section 1151.3 of this title, or for medium-
speed electric vehicles.
G. When registering in this state a vehicle which was titled in
another state and which title contains the name of a secured party
on the face of the other state certificate of title, or such state
certificate is being held by the secured party in that state or any
other state, Service Oklahoma or the licensed operator shall
complete a lien entry form as prescribed by Service Oklahoma. The
owner of such vehicle shall file an affidavit with Service Oklahoma
or the licensed operator stating that title to the vehicle is being
held by a secured party, has not been issued pursuant to the laws of
the state where titled, and that there is an existing lien or
encumbrance on the vehicle. The current name and address of the
secured party or lienholder shall also be stated in the affidavit.
The form of the affidavit shall be prescribed by Service Oklahoma
and contain any other information deemed necessary by Service
Oklahoma. A statement of the lien or encumbrance shall be included
on the Oklahoma certificate of title and the lien or encumbrance
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shall be deemed continuously perfected as though it had been
perfected pursuant to Section 1110 of this title. For completing
the lien entry form and recording the security interest on the
certificate of title, Service Oklahoma or the licensed operator
shall collect a fee of Three Dollars ($3.00) which shall be in
addition to other fees provided by the Oklahoma Vehicle License and
Registration Act. The fee, if collected by the licensed operator
pursuant to this subsection, shall be retained by the licensed
operator.
H. The charge for each certificate of title issued, except for
junked titles as defined in paragraph 4 of subsection B of this
section, shall be Eleven Dollars ($11.00), which charge shall be in
addition to any other fees or taxes imposed by law for such vehicle.
One Dollar ($1.00) of each such charge shall be deposited in the
Oklahoma Tax Commission Reimbursement Fund through December 31,
2022, and beginning January 1, 2023, it shall be deposited in the
Service Oklahoma Reimbursement Fund. However, the charge shall not
apply to any vehicle which is to be registered in this state
pursuant to the provisions of Section 1120 or 1133 of this title and
which was registered in another state at least sixty (60) days prior
to the time it is required to be registered in this state. When an
insurer requests a salvage or junk title in the name of the insurer
resulting from the settlement of a total loss claim and upon
presentation of appropriate proof of loss documentation as required
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by Service Oklahoma, such transfer may be processed as one title
transaction, without first requiring issuance of a replacement
certificate of title in the name of the vehicle owner. The fee
shall be Twenty-two Dollars ($22.00). Two Dollars ($2.00) of this
fee shall be deposited in the Oklahoma Tax Commission Reimbursement
Fund.
I. The vehicle identification number of a junked vehicle shall
be preserved in the computer files of Service Oklahoma for a period
of not less than five (5) years. The charge of junked titles as
defined in paragraph 4 of subsection B of this section shall be Four
Dollars ($4.00). The fee remitted to the Tax Commission shall be
deposited in the Oklahoma Tax Commission Reimbursement Fund through
December 31, 2022, and beginning January 1, 2023, this fee shall be
deposited in the Service Oklahoma Reimbursement Fund.
J. If a vehicle is sold to a resident of another state
destroyed, dismantled, or ceases to be used as a vehicle, the owner
shall immediately notify Service Oklahoma. Absent evidence to the
contrary, failure to notify Service Oklahoma shall be prima facie
evidence that the vehicle has been in continuous operation in this
state.
K. If a vehicle is stolen, the owner shall immediately notify
the appropriate law enforcement agency. Immediately after receiving
such notification, the law enforcement agency shall notify Service
Oklahoma.
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L. Except for all-terrain vehicles, utility vehicles and
motorcycles used exclusively for off-road use, no title for an out-
of-state vehicle, except any commercial truck or truck-tractor
registered pursuant to Section 1120 of this title which is engaged
in interstate commerce or any trailer or semitrailer registered
pursuant to Section 1133 of this title which is engaged in
interstate commerce, shall be issued without an inspection of such
vehicle and payment of a fee of Four Dollars ($4.00) for such
inspection; provided, Service Oklahoma may enter into reciprocal
agreements with other states for such inspections to be performed at
locations outside the boundaries of this state for vehicles which:
1. Are offered for sale at auction;
2. Have been solely used as vehicles for rent under the
ownership of a licensed motor vehicle dealer or a person engaged in
the business of renting motor vehicles; or
3. Have not been registered in this or any other state for more
than one (1) year.
The inspection shall include a comparison of the vehicle
identification number on the vehicle with the number recorded on the
ownership records and the recording of the actual odometer reading
on the vehicle. An establishment engaged in vehicle rentals as
defined or classified in the NAICS Manual under Industry No. 532111,
shall be exempt from the inspection required pursuant to this
subsection; provided, the establishment shall be required to submit
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payment of any fees required pursuant to this subsection when the
title is issued. The four-dollar fee shall be collected by the
licensed operator or Service Oklahoma when the title is issued. The
licensed operator shall retain Two Dollars ($2.00). The remaining
Two Dollars ($2.00) shall be deposited in the Oklahoma Tax
Commission Reimbursement Fund through December 31, 2022, and
beginning January 1, 2023, this fee shall be deposited in the
Service Oklahoma Reimbursement Fund.
Service Oklahoma may allow the inspection to be performed at a
location out-of-state by another state’s department of motor
vehicles or state police.
M. No title for any out-of-state vehicle offered for sale at
salvage pools, salvage disposal sales, or an auction, or by a dealer
or a licensed automotive dismantler and parts recycler, shall be
issued without an inspection to compare the vehicle identification
number on the vehicle with the number recorded on the ownership
record and to record the actual odometer reading on the vehicle.
Upon request of the seller, person or entity conducting an auction,
dealer or licensed dismantler, the inspection shall be conducted at
the location or place of business of the sale, auction, dealer, or
the dismantler. The inspection shall be conducted by any licensed
operator or a duly authorized employee thereof; provided, if the
vehicle identification number on the vehicle offered for sale at
salvage pools, salvage disposal sales or a classic or antique
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auction does not match the number recorded on the ownership record,
the inspection may be conducted at the location of or place of
business of such sale or auction by any state, county or city law
enforcement officer. Service Oklahoma may enter into reciprocal
agreements with other states for such inspections to be performed at
locations outside the boundaries of this state for vehicles which:
1. Are offered for sale at auction;
2. Have been solely used as vehicles for rent under the
ownership of a licensed motor vehicle dealer or a person engaged in
the business of renting motor vehicles; or
3. Have not been registered in this or any other state for more
than one (1) year.
The inspection shall be certified upon forms prescribed by Service
Oklahoma. The name and other identification of the authorized
person conducting the inspection shall be legibly printed or typed
on the form. Prior to any inspection by any employee of a licensed
operator, the licensed operator shall notify Service Oklahoma of the
name and any other identification information requested by Service
Oklahoma of the authorized person. A signature specimen of the
authorized person shall be submitted to Service Oklahoma by the
employing licensed operator. If the authorization to inspect
vehicles is withdrawn or the employer-employee relationship is
terminated, the licensed operator, immediately, shall notify Service
Oklahoma and return any remaining inspection forms to Service
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Oklahoma. The fee for the inspection shall be Four Dollars ($4.00).
The licensed operator shall retain Three Dollars ($3.00) of the fee.
Fees received by a licensed operator or an authorized employee
thereof shall be handled and accounted for in the manner as
prescribed by law for any other fees paid to or received by a
licensed operator. Out-of-state vehicles brought into this state by
a person licensed in another state to sell new or used vehicles to
be sold within this state at a motor vehicle auction which is
limited to dealer-to-dealer transactions shall not be required to be
inspected, unless the vehicle is purchased by an Oklahoma dealer.
Any person licensed in another state to sell new or used motor
vehicles, who offers a motor vehicle for sale within this state at a
motor vehicle auction which is limited to dealer-to-dealer
transactions, shall not be within the definition of “owner” in
Section 1102 of this title, for purposes of Section 1101 et seq. of
this title.
N. A licensed motor vehicle dealer, upon payment of a fee of
Fifteen Dollars ($15.00), may reassign an out-of-state certificate
of title to a used motor vehicle provided such dealer obtains the
appropriate inspection form required by either subsection L or M of
this section and attaches the form to the out-of-state certificate
of title. Licensed operators shall be allowed to retain Two Dollars
and twenty-five cents ($2.25) of the fee plus an additional Two
Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections
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L and M of this section for performance of the inspection. Two
Dollars ($2.00) of the fee shall be deposited in the Service
Oklahoma Reimbursement Fund. An out-of-state vehicle which has been
rebuilt shall be inspected pursuant to the provisions of Section
1111 of this title. Service Oklahoma shall train licensed operators
in interpreting vehicle identification numbers to assure that it
accurately describes the vehicle and to detect rollback or
alteration of the odometer. Failure of a licensed operator to
inspect the vehicle and make the required notations shall be a
misdemeanor punishable by a fine of not more than One Thousand
Dollars ($1,000.00) for the first offense and Five Thousand Dollars
($5,000.00) for the second offense or subsequent offense, or by
imprisonment in the county jail for not more than six (6) months, or
by both such fine and imprisonment.
O. The ownership of any unrecovered vehicle which has been
declared a total loss by an insurer because of theft shall be
transferred to the insurer by an unrecovered-theft vehicle title;
provided, the ownership of any such vehicle which has been declared
a total loss by an insurer licensed by the Insurance Department of
the State of Oklahoma and maintaining a multi-state motor vehicle
salvage processing center in this state shall be transferred to the
insurer by a salvage or an unrecovered-theft title without the
requirement of a visual inspection of the vehicle identification
number by the insurer. Upon recovery of the vehicle, the ownership
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shall be transferred by an original title, salvage title, or junked
title, as may be appropriate based upon an estimate of the amount of
loss submitted by the insurer.
P. When an insurance company makes a total loss settlement on a
total loss vehicle and the insurance company or a salvage pool
authorized by the insurance company is unable to obtain the properly
endorsed certificate of ownership or other evidence of ownership
acceptable to Service Oklahoma within thirty (30) days following
acceptance by the owner of an offer of an amount in settlement of a
total loss, that insurance company or salvage pool, on a form
provided by Service Oklahoma and signed under penalty of perjury,
may request Service Oklahoma to issue the applicable salvage title
for the vehicle. The request shall include information declaring
that the requester has made at least two written attempts to obtain
the certificate of ownership or other acceptable evidence of title.
Q. The owner of any vehicle which is incapable of operation or
use on the public roads and has no resale value, except as parts,
scrap, or junk, may deliver the certificate of title to the vehicle
to Service Oklahoma for cancellation. Upon verification that any
perfected lien against the vehicle has been released, the
certificate of title shall be canceled without any fee, charge, or
cost required from the owner. The vehicle identification numbers on
the certificates of title shall be preserved in the computer files
of Service Oklahoma for at least five (5) years from the date of
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cancellation of the certificate of title. Service Oklahoma shall
prescribe and provide an affidavit form to be completed by the owner
of any vehicle for which the certificate of title is canceled. No
title or registration shall subsequently be issued for a vehicle for
which the certificate of title has been surrendered pursuant to this
subsection. Service Oklahoma shall prescribe a form for the
transfer of ownership of a vehicle for which the certificate of
title has been canceled.
R. The owner of a vehicle which is not within the last ten (10)
model years, not roadworthy and not capable of repair for operation
or use on the roads and highways, or a vehicle which is being sold
to a scrap metal dealer pursuant to Section 11-92 of Title 2 of the
Oklahoma Statutes, shall transfer the vehicle only upon a
certificate of ownership prescribed by Service Oklahoma, if the
certificate of title to the vehicle is lost, has been canceled, or
otherwise not available. The prescribed ownership form shall
include the names and addresses of the buyer and seller, the driver
license number or Social Security number of the seller, the make and
model of the vehicle, and the public vehicle identification number.
If there is no public vehicle identification number, the vehicle
shall be inspected by a law enforcement officer to verify the
absence of the number on the vehicle and the prescribed ownership
form shall include a signed statement, by such officer, verifying
the absence of the number.
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The certificate of ownership shall be completed in triplicate.
The buyer and seller shall each retain a copy. Within thirty (30)
days of the transaction, the seller shall submit one copy to Service
Oklahoma or a licensed operator accompanied with a fee of Four
Dollars ($4.00). One Dollar ($1.00) shall be retained by the
licensed operator and Three Dollars ($3.00) shall be deposited in
the Oklahoma Tax Commission Reimbursement Fund in the State Treasury
through December 31, 2022, and beginning January 1, 2023, this fee
shall be deposited in the Service Oklahoma Reimbursement Fund.
Upon receipt of the certificate, Service Oklahoma shall verify
that any perfected lien upon the vehicle has been released. If the
lien is not released, Service Oklahoma shall mail notice of the
transfer to the lienholder at the lienholder’s last-known address.
If a certificate of title has been issued, it shall be canceled and
the vehicle identification number shall be preserved in the computer
of Service Oklahoma for at least five (5) years. The buyer of the
vehicle may not be sued and shall not be liable for monetary damages
to the lienholder, however, the vehicle shall be subject to a valid
repossession by a lienholder.
S. Service Oklahoma shall notify the chief administrative
officer of the agency or department responsible for issuing motor
vehicle certificates of title in each state in the United States of
the types of motor vehicle certificate of title effective in
Oklahoma on and after January 1, 1989.
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T. When registering for the first time in this state a
remanufactured vehicle which has not been registered in any other
state since its remanufacture, before issuing a certificate of
title, Service Oklahoma shall require the applicant to deliver a
statement of origin from the remanufacturer.
U. If a vehicle is sold to a foreign buyer pursuant to the
provisions of the Automotive Dismantlers and Parts Recycler Act, the
licensed seller shall stamp the title with: “EXPORT ONLY.
NONTRANSFERABLE IN THE UNITED STATES.” The licensed seller shall
supply Service Oklahoma the title number, the vehicle identification
number and the foreign buyer’s bid identification number on a form
prescribed by Service Oklahoma. Service Oklahoma shall cancel the
title, and the vehicle identification number shall be preserved in
the computer files of Service Oklahoma for a period of not less than
five (5) years.
V. Service Oklahoma shall not be considered a necessary party
to any lawsuit which is instigated for the purpose of determining
ownership of a vehicle, wherein Service Oklahoma’s only involvement
would be to issue title, and the court shall issue an order
dismissing Service Oklahoma from the pending action. In the event
no other party or lienholder can be identified as to ownership or
claim, Service Oklahoma shall accept an affidavit of ownership from
the party claiming ownership and issue proper title thereon.
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SECTION 38. REPEALER 47 O.S. 2021, Section 1105, as last
amended by Section 1, Chapter 47, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1105), is hereby repealed.
SECTION 39. AMENDATORY 47 O.S. 2021, Section 1105A, as
last amended by Section 113, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1105A), is amended to read as follows:
Section 1105A. A. On or before July 1, 2022, the Oklahoma Tax
Commission shall implement a program which will permit the
electronic filing, storage, and delivery of motor vehicle
certificates of title and allow a lienholder to perfect, assign and
release a lien on a motor vehicle in lieu of submission and
maintenance of paper documents as otherwise provided in the
provisions of Section 1101 et seq. of this title. The Tax
Commission shall enter into a competitive contract with a qualified
third-party service provider (System Developer), subject to the
provisions of the Oklahoma Central Purchasing Act, Section 85.1 et
seq. of Title 74 of the Oklahoma Statutes, to provide necessary
hardware, software and services facilitating the interconnection
between licensed operators and electronic title service providers
described in subsection B of this section for a certificate of title
and for filing or releasing a lien pursuant to the procedures
prescribed by the Oklahoma Tax Commission. The provisions of this
section shall apply to applications for certificates of title issued
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and liens filed after June 30, 2022. The Tax Commission shall
promulgate rules to implement the provisions of this section.
B. The program authorized under subsection A of this section
shall include, but not be limited to, procedures:
1. For the delivery of a certificate of title, on a paper
document or in an electronic format, to the secured party having the
primary perfected security interest in a vehicle in lieu of delivery
to the record owner, notwithstanding the provisions of Section 1101
et seq. of this title. Provided, when electronic transmission of
liens and lien satisfactions is used, a certificate of title need
not be issued or printed until the last lien is satisfied and a
clear certificate of title is issued to the owner of the vehicle at
their request;
2. Establishing qualifications for third-party electronic title
service providers offering electronic lien services. The vendor
selected in subsection A of this section shall not be considered an
electronic title service provider and shall not operate or own an
electronic title service provider;
3. Establishing reasonable fees, if necessary, to be charged by
service providers or contractors for the establishment, maintenance
and operation of the electronic lien title program;
4. Providing access to the electronic certificate of title
records including liens on record, for licensed motor vehicle
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dealers and lienholders who participate in the program
notwithstanding the provisions of Section 1109 of this title;
5. Allowing licensed operators to participate in the electronic
lien title program. Participating licensed operators shall receive
all fees provided by the Oklahoma Vehicle License and Registration
Act unless otherwise provided in Section 1132A of this title; and
6. For the acceptance and use of electronic or digital
signatures.
C. As used in this section and Section 1101 et seq. of this
title:
1. “Deliver” or “delivery” means, with respect to a certificate
of title or lien, either the physical delivery of a paper document
or the electronic delivery of a document in an electronic format;
2. “Electronic format” means an electronic or digital format or
medium of any document, record or other information; and
3. “Possess” or “possession” means, with respect to a
certificate of title or lien, to hold or otherwise exercise control
over a document which is in either a physical or electronic format.
D. Any documents created, stored or delivered under the
electronic lien title program as provided in this section shall be
considered presumed valid including any signatures which are
generated electronically or contained on a scanned copy. A
certified copy of the Oklahoma Tax Commission’s electronic record of
a motor vehicle certificate of title or lien is admissible in any
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civil, criminal, or administrative proceeding in this state as
evidence of the existence and contents of the certificate of title
or lien.
E. The Tax Commission is authorized to expend funds necessary
for the implementation of the program provided in subsection A of
this section from available monies in the Oklahoma Tax Commission
and Office of Management and Enterprise Services Joint Computer
Enhancement Fund created pursuant to Section 265 of Title 68 of the
Oklahoma Statutes.
F. In the development of the program provided in subsection A
of this section, the Oklahoma Tax Commission shall consult
interested parties including, but not limited to, representatives of
the Oklahoma Automobile Dealers Association, the Oklahoma Bankers
Association, the Oklahoma Credit Union Association of Oklahoma, and
the Oklahoma Tag Agent Coalition.
SECTION 40. REPEALER 47 O.S. 2021, Section 1105A, as
last amended by Section 1, Chapter 179, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1105A), is hereby repealed.
SECTION 41. AMENDATORY 47 O.S. 2021, Section 1107, as
last amended by Section 115, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1107), is amended to read as follows:
Section 1107. A. In the event of the sale or transfer of the
ownership of a vehicle for which a certificate of title has been
issued as provided by Section 1105 of this title, the holder of such
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certificate shall endorse on the back of same a complete assignment
thereof with warranty of title in form printed thereon with a
statement of all liens or encumbrances on the vehicle, sworn to
before a notary public or some other person authorized by law to
take acknowledgments, and deliver same to the purchaser or
transferee at the time of delivery to the purchaser or transferee of
the vehicle; provided, a transfer of the ownership of a vehicle to
an insurer resulting from the settlement of a total loss claim shall
not require a notarized signature on the certificate of title. The
purchaser or transferee, unless such person is a bona fide used
motor vehicle dealer licensed by this state, a retail implement
dealer in connection with the purchase or transfer of off-road
vehicles or a charitable organization shall, within thirty (30) days
from the time of delivery to the purchaser or transferee of the
vehicle, present the assigned certificate of title and the insurance
security verification to the vehicle to Service Oklahoma, or one of
its licensed operators, accompanied by a fee of Eleven Dollars
($11.00), together with any motor vehicle excise tax or license fee
that may be due, whereupon a new certificate of title, shall be
issued to the assignee. One Dollar ($1.00) of each fee shall be
deposited in the Oklahoma Tax Commission Reimbursement Fund through
December 31, 2022, and beginning January 1, 2023, this fee shall be
deposited in the Service Oklahoma Reimbursement Fund. Any
charitable organization utilizing the exemption authorized by this
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subsection shall receive training as prescribed by the Oklahoma Used
Motor Vehicle and Parts, Dismantler, and Manufactured Housing
Commission.
B. A licensed dealer, a retail implement dealer in connection
with the sale or disposal of off-road vehicles or a charitable
organization shall, on selling or otherwise disposing of a vehicle,
execute and deliver to the purchaser thereof the certificate of
title properly and completely reassigned. Thereupon, the purchaser
of the vehicle shall present the reassigned certificate to Service
Oklahoma, or a licensed operator, accompanied by a fee of Eleven
Dollars ($11.00), and any motor vehicle excise tax or license fee
that may be due, whereupon a new certificate of title will be issued
to the purchaser. One Dollar ($1.00) of each fee shall be deposited
in the Oklahoma Tax Commission Reimbursement Fund through December
31, 2022, and beginning January 1, 2023, this fee shall be deposited
in the Service Oklahoma Reimbursement Fund. The certificate, when
so assigned and returned to the Commission, together with any
subsequent assignment or reissue thereof, shall be appropriately
filed and indexed so that at all times it will be possible to trace
title to the vehicle designated therein. Provided, when the
ownership of any motor vehicle shall pass by operation of law, the
person owning the vehicle may, upon furnishing satisfactory proof to
the Commission of ownership, procure a title to the motor vehicle,
regardless of whether a certificate of title has ever been issued.
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The dealer shall execute and deliver to the purchaser bills of sale
on forms prescribed by the Commission for all new vehicles sold by
the dealer. On presentation of a bill of sale executed on forms
prescribed by the Commission, by a manufacturer or dealer for a new
vehicle sold in this state, accompanied by remittance in the sum of
Eleven Dollars ($11.00), together with any motor vehicle excise tax
or license fee that may be due, a certificate of title shall be
issued in accordance with the provisions of the Oklahoma Vehicle
License and Registration Act. One Dollar ($1.00) of each fee shall
be deposited in the Oklahoma Tax Commission Reimbursement Fund
through December 31, 2022, and beginning January 1, 2023, this fee
shall be deposited in the Service Oklahoma Reimbursement Fund. For
purposes of this subsection, “charitable organization” shall mean
any organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3) and which is registered as a charitable organization with
the Oklahoma Secretary of State and the Oklahoma Attorney General’s
office; “off-road vehicles” means all-terrain vehicles, utility
vehicles, and motorcycles used exclusively for off-road use; “retail
implement dealer” means a business engaged primarily in the sale of
farm tractors as defined in Section 1-118 of this title or
implements of husbandry as defined in Section 1-125 of this title or
a combination thereof.
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C. Any person violating the provisions of this section shall be
guilty of a misdemeanor and upon the first conviction thereof shall
be punished by a fine not to exceed Five Hundred Dollars ($500.00),
with impoundment of the vehicle until all taxes and fees are paid.
A second or subsequent conviction shall be punished by a fine not to
exceed One Thousand Dollars ($1,000.00), with impoundment of the
vehicle until all taxes and fees are paid. If a vehicle is
impounded pursuant to the provisions of this section, the vehicle
shall not be released to the owner until the owner provides proof of
security or an affidavit that the vehicle will not be used on public
highways or public streets, as required pursuant to Section 7-600 et
seq. of this title. Each vehicle involved in a violation of this
section shall be considered a separate offense.
SECTION 42. REPEALER 47 O.S. 2021, Section 1107, as last
amended by Section 20, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1107), is hereby repealed.
SECTION 43. AMENDATORY 47 O.S. 2021, Section 1110, as
last amended by Section 122, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1110), is amended to read as follows:
Section 1110. A. 1. Except for a security interest in
vehicles held by a dealer for sale or lease, a vehicle registered by
a federally recognized Indian tribe as provided in subsection G of
this section, and a vehicle being registered in this state which was
previously registered in another state and which title contains the
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name of a secured party on the face of the other state certificate
or title, and except as otherwise provided in subsection B of
Section 1105 of this title, a security interest in a vehicle as to
which a certificate of title may be properly issued by Service
Oklahoma shall be perfected only when a lien entry form, and the
existing certificate of title, if any, or application for a
certificate of title and manufacturer’s certificate of origin
containing the name and address of the secured party and the date of
the security agreement and the required fee are delivered to Service
Oklahoma or to a licensed operator. As used in this section, the
term “dealer” shall be defined as provided in Section 1-112 of this
title and the term “security interest” shall be defined as provided
in paragraph (35) of Section 1-201 of Title 12A of the Oklahoma
Statutes. When a vehicle title is presented to a licensed operator
for transferring or registering and the documents reflect a
lienholder, the licensed operator shall perfect the lien pursuant to
subsection G of Section 1105 of this title. For the purposes of
this section, the term “vehicle” shall not include special mobilized
machinery, machinery used in highway construction or road material
construction and rubber-tired road construction vehicles including
rubber-tired cranes. The filing and duration of perfection of a
security interest, pursuant to the provisions of Title 12A of the
Oklahoma Statutes, including, but not limited to, Section 1-9-311 of
Title 12A of the Oklahoma Statutes, shall not be applicable to
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perfection of security interests in vehicles as to which a
certificate of title may be properly issued by Service Oklahoma,
except as to vehicles held by a dealer for sale or lease and except
as provided in subsection D of this section. In all other respects
Title 12A of the Oklahoma Statutes shall be applicable to such
security interests in vehicles as to which a certificate of title
may be properly issued by Service Oklahoma.
2. Whenever a person creates a security interest in a vehicle,
the person shall surrender to the secured party the certificate of
title or the signed application for a new certificate of title, on
the form prescribed by Service Oklahoma, and the manufacturer’s
certificate of origin. The secured party shall deliver the lien
entry form and the required lien filing fee within twenty-five (25)
days as provided hereafter with certificate of title or the
application for certificate of title and the manufacturer’s
certificate of origin to Service Oklahoma or to a licensed operator.
If the lien entry form, the lien filing fee and the certificate of
title or application for certificate of title and the manufacturer’s
certificate of origin are delivered to Service Oklahoma or to a
licensed operator within twenty-five (25) days after the date of the
lien entry form, perfection of the security interest shall begin
from the date of the execution of the lien entry form, but
otherwise, perfection of the security interest shall begin from the
date of the delivery to Service Oklahoma or to a licensed operator.
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3.
a.
For each security interest recorded on a certificate
of title, or manufacturer’s certificate of origin,
such person shall pay a fee of Ten Dollars ($10.00),
which shall be in addition to other fees provided for
in the Oklahoma Vehicle License and Registration Act.
Upon the receipt of the lien entry form and the
required fees with either the certificate of title or
an application for certificate of title and
manufacturer’s certificate of origin, a licensed
operator shall, by placement of a clearly
distinguishing mark, record the date and number shown
in a conspicuous place, on each of these instruments.
Of the ten-dollar fee, the licensed operator shall
retain Two Dollars ($2.00) for recording the security
interest lien.
b.
It shall be unlawful for any person to solicit, accept
or receive any gratuity or compensation for acting as
a messenger and for acting as the agent or
representative of another person in applying for the
recording of a security interest or for the
registration of a motor vehicle and obtaining the
license plates or for the issuance of a certificate of
title therefor unless Service Oklahoma has appointed
and approved the person to perform such acts; and
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before acting as a messenger, any such person shall
furnish to Service Oklahoma a surety bond in such
amount as Service Oklahoma shall determine
appropriate.
4. The certificate of title or the application for certificate
of title and manufacturer’s certificate of origin with the record of
the date of receipt clearly marked thereon shall be returned to the
debtor together with a notice that the debtor is required to
register and pay all additional fees and taxes due within thirty
(30) days from the date of purchase of the vehicle.
5. Any person creating a security interest in a vehicle that
has been previously registered in the debtor’s name and on which all
taxes due the state have been paid shall surrender the certificate
of ownership to the secured party. The secured party shall have the
duty to record the security interest as provided in this section and
shall, at the same time, obtain a new certificate of title which
shall show the secured interest on the face of the certificate of
title.
6. The lien entry form with the date and assigned number
thereof clearly marked thereon shall be returned to the secured
party. If the lien entry form is received and authenticated, as
herein provided, by a licensed operator, the licensed operator shall
make a report thereof to Service Oklahoma upon the forms and in the
manner as may be prescribed by Service Oklahoma.
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7. Service Oklahoma shall have the duty to record the lien upon
the face of the certificate of title issued at the time of
registering and paying all fees and taxes due on the vehicle.
8. When there is an active lien from a commercial lender in
place on a vehicle, licensed operators shall be prohibited from
transferring the certificate of title on that vehicle until the lien
is satisfied, except when the title is transferred:
a.
to a person whose name is included on the loan for
which the lien is placed pursuant to an agreement by
the lender and any party to the title,
b.
to a trust created by a person whose name is included
on the loan for which the lien is placed, or
c.
from a person who has died, upon the submission of a
death certificate.
The provisions of this paragraph shall not be construed to release
any lien or debt based solely upon a transfer of certificate of
title.
B. 1. A secured party shall, within seven (7) business days
after the satisfaction of the security interest, furnish directly or
by mail a release of a security interest to Service Oklahoma and
mail a copy thereof to the last-known address of the debtor. If the
security interest has been satisfied by payment from a licensed used
motor vehicle dealer to whom the motor vehicle has been transferred,
the secured party shall also, within seven (7) business days after
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such satisfaction, mail an additional copy of the release to the
dealer. If the secured party fails to furnish the release as
required, the secured party shall be liable to the debtor for a
penalty of One Hundred Dollars ($100.00). Following the seven (7)
business days after satisfaction of the lien and upon receipt by the
lienholder of written communication demanding the release of the
lien, thereafter the penalty shall increase to One Hundred Dollars
($100.00) per day for each additional day beyond seven (7) business
days until accumulating to One Thousand Five Hundred Dollars
($1,500.00) or the value of the vehicle, whichever is less, and, in
addition, any loss caused to the debtor by such failure.
2. Upon release of a security interest the owner may obtain a
new certificate of title omitting reference to the security
interest, by submitting to Service Oklahoma or to a licensed
operator:
a.
a release signed by the secured party, an application
for new certificate of title and the proper fees, or
b.
by submitting to Service Oklahoma or the licensed
operator an affidavit, supported by such documentation
as Service Oklahoma may require, by the owner on a
form prescribed by Service Oklahoma stating that the
security interest has been satisfied and stating the
reasons why a release cannot be obtained, an
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application for a new certificate of title and the
proper fees.
Upon receiving such affidavit that the security interest has been
satisfied, Service Oklahoma shall issue a new certificate of title
eliminating the satisfied security interest and the name and address
of the secured parties who have been paid and satisfied. Service
Oklahoma shall accept a release of a security interest in any form
that identifies the debtor, the secured party, and the vehicle, and
contains the signature of the secured party. Service Oklahoma shall
not require any particular form for the release of a security
interest.
The words “security interest” when used in the Oklahoma Vehicle
License and Registration Act do not include liens dependent upon
possession.
C. Service Oklahoma shall file and index certificates of title
so that at all times it will be possible to trace a certificate of
title to the vehicle designated therein, identify the lien entry
form, and the names and addresses of secured parties, or their
assignees, so that all or any part of such information may be made
readily available to those who make legitimate inquiry of Service
Oklahoma as to the existence or nonexistence of security interest in
the vehicle.
D. 1. Any security interest in a vehicle properly perfected
prior to July 1, 1979, may be continued as to its effectiveness or
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duration as provided by Sections 1-9-510 and 1-9-515 of Title 12A of
the Oklahoma Statutes, or may be terminated, assigned or released as
provided by Sections 1-9-512, 1-9-513 and 1-9-514 of Title 12A of
the Oklahoma Statutes, as fully as if this section had not been
enacted, or, at the option of the secured party, may also be
perfected under this section, and, if so perfected, the time of
perfection under this section shall be the date the security
interest was originally perfected under the prior law.
2. Upon request of the secured party, the debtor or any other
holder of the certificate of title shall surrender the certificate
of title to the secured party and shall do such other acts as may be
required to perfect the security interest under this section.
E. If a manufactured home is permanently affixed to real
estate, an Oklahoma certificate of title may be surrendered to
Service Oklahoma or a licensed operator for cancellation. When the
document of title is surrendered, the owner shall provide the legal
description or the appropriate tract or parcel number of the real
estate and other information as may be required on a form provided
by Service Oklahoma. Service Oklahoma may not cancel a document of
title if a lien has been registered or recorded. Service Oklahoma
or the licensed operator shall notify the owner and any lienholder
that the title has been surrendered to Service Oklahoma and that
Service Oklahoma may not cancel the title until the lien is
released. Such notification shall include a description of the lien
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and such notification to the owner shall be accompanied by the
return of title surrendered. Permanent attachment to real estate
does not affect the validity of a lien recorded or registered with
Service Oklahoma before the document of title is canceled pursuant
to this section. The rights of a prior lienholder pursuant to a
security agreement or the provisions of a credit transaction and the
rights of the state pursuant to a tax lien are preserved. Service
Oklahoma or the licensed operator shall forward the information to
the county assessor of the county where the real estate is located
and indicate whether the original document of title has been
canceled. A fee of Five Dollars ($5.00) shall accompany the
application for cancellation of title. When the fee is paid by a
person making an application directly with Service Oklahoma, the fee
shall be deposited in the Oklahoma Tax Commission Revolving Fund.
Beginning January 1, 2023, the fee shall be deposited in the Service
Oklahoma Revolving Fund. A fee paid to a licensed operator shall be
retained by the licensed operator. The owner of a manufactured home
upon which the document of title has been properly surrendered may
apply to Service Oklahoma for issuance of a new original certificate
of title upon submission of:
1. An attestation from the homeowner indicating ownership of
the manufactured home and the nonexistence of any security interest
or lien of record in the manufactured home; and
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2. A title opinion by a licensed attorney, determining that the
owner of the manufactured home has marketable title to the real
property upon which the manufactured home is located and that no
documents filed of record in the county clerk’s office concerning
the real property contain a mortgage, recorded financial statement,
judgment, or lien of record. Persons or entities to whom the title
opinion is addressed may rely on the title opinion. A security
interest in a manufactured home perfected pursuant to this section
shall have priority over a conflicting interest of a mortgagee or
other lien encumbrancer, or the owner of the real property upon
which the manufactured home became affixed or otherwise permanently
attached. The holder of the security interest in the manufactured
home, upon default, may remove the manufactured home from such real
property. The holder of the security interest in the manufactured
home shall reimburse the owner of the real property who is not the
debtor and who has not otherwise agreed to access the real property
for the cost of repair of any physical injury to the real property,
but shall not be liable for any diminution in value to the real
property caused by the removal of the manufactured home, trespass,
or any other damages caused by the removal. The debtor shall notify
the holder of the security interest in the manufactured home of the
street address, if any, and the legal description of the real
property upon which the manufactured home is affixed or otherwise
permanently attached and shall sign such other documents, including
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any appropriate mortgage, as may reasonably be requested by the
holder of such security interest.
F. In the case of motor vehicles or trailers, notwithstanding
any other provision of law, a transaction does not create a sale or
security interest merely because it provides that the rental price
is permitted or required to be adjusted under the agreement either
upward or downward by reference to the amount realized upon sale or
other disposition of the motor vehicle or trailer.
G. A security interest in vehicles registered by a federally
recognized Indian tribe shall be deemed valid under Oklahoma law if
validly perfected under the applicable tribal law and the lien is
noted on the face of the tribal certificate of title.
SECTION 44. REPEALER 47 O.S. 2021, Section 1110, as last
amended by Section 1, Chapter 204, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1110), is hereby repealed.
SECTION 45. AMENDATORY 47 O.S. 2021, Section 1113, as
last amended by Section 127, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1113), is amended to read as follows:
Section 1113. A. 1. Except for all-terrain vehicles, utility
vehicles and motorcycles used exclusively off roads and highways,
upon the filing of a registration application and the payment of the
fees provided for in the Oklahoma Vehicle License and Registration
Act, Service Oklahoma or the Corporation Commission, as applicable,
shall assign to the vehicle described in the application a
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distinctive number, and issue to the owner of the vehicle a
certificate of registration, one license plate and a yearly decal.
Service Oklahoma shall assign an all-terrain vehicle, utility
vehicle or motorcycle used exclusively off roads and highways a
distinctive number and issue to the owner a certificate of
registration and a decal but not a license plate. For each
subsequent registration year, Service Oklahoma shall issue a yearly
decal to be affixed to the license plate, except for an all-terrain
vehicle, utility vehicle or motorcycle used exclusively off roads
and highways. The initial decal for an all-terrain vehicle, utility
vehicle or motorcycle shall be attached to the front of the vehicle
and shall be in clear view. The decal shall be on the front or on
the front fork of the motorcycle used exclusively off roads and
highways and the decal shall be in clear view. The yearly decal
shall have an identification number and the last two numbers of the
registration year for which it shall expire. Except as provided by
Section 1113A of this title, the license plate shall be affixed to
the exterior of the vehicle until a replacement license plate is
applied for. If the owner applies for a replacement license plate,
Service Oklahoma shall charge the fee provided for in Section 1114
of this title. The yearly decal will validate the license plate for
each registration period other than the year the license plate is
issued. The license plate and decal shall be of such size, color,
design and numbering as Service Oklahoma may direct. However,
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yearly decals issued to the owner of a vehicle who has filed an
affidavit with the appropriate licensed operator in accordance with
Section 7-607 of this title shall be a separate and distinct color
from all other decals issued under this section. Before the
effective date of this act, Service Oklahoma shall also issue a
monthly decal which shall include a two-letter abbreviation
corresponding to the county in which the vehicle is registered.
Service Oklahoma shall issue all decals in the possession of Service
Oklahoma on the effective date of this act before issuing any decals
which do not contain the county abbreviation.
2.
a.
The operation of a street-legal utility vehicle on the
streets and highways of this state requires the
vehicle be issued a certificate of registration and
license plate to be renewed annually. Upon the filing
of a registration application and the payment of the
fees provided for in the Oklahoma Vehicle License and
Registration Act, Service Oklahoma or the Corporation
Commission, as applicable, shall assign to the vehicle
described in the application a distinctive number, and
issue to the owner of the vehicle a certificate of
registration, one license plate and a yearly decal.
For each subsequent registration year, Service
Oklahoma shall issue a yearly decal to be affixed to
the license plate. The initial decal for a street-
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legal utility vehicle shall be attached to the front
of the vehicle and shall be in clear view. The yearly
decal shall have an identification number and the last
two numbers of the registration year for which it
shall expire. Except as provided by Section 1113A of
this title, the license plate shall be affixed to the
exterior of the vehicle until a replacement license
plate is issued. If the owner applies for a
replacement license plate, Service Oklahoma shall
charge the fee provided for in Section 1114 of this
title. The yearly decal will validate the license
plate for each registration period other than the year
the license plate is issued. The license plate and
decal shall be of such size, color, design and
numbering as Service Oklahoma may direct. However,
yearly decals issued to the owner of a vehicle who has
filed an affidavit with the appropriate licensed
operator in accordance with Section 7-607 of this
title shall be a separate and distinct color from all
other decals issued under this section.
b.
Service Oklahoma shall design and issue a temporary
tag to out-of-state owners of street-legal utility
vehicles. The temporary tag shall be recognized in
lieu of registration in this state. The temporary tag
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shall clearly indicate the date of issuance and the
date of expiration, which shall be five (5) days,
including the day of issuance. Upon application for a
temporary tag, the out-of-state owner shall show proof
of insurance coverage that satisfies the requirements
of the Compulsory Insurance Law pursuant Section 7-600
et seq. of this title. Service Oklahoma is authorized
to promulgate rules and procedures to implement the
provisions of this paragraph.
3.
a.
The operation of a military surplus vehicle, as
defined by Section 1-133.1a of this title, on the
streets and highways of this state requires that the
vehicle be issued a certificate of registration and
license plate to be renewed annually. Upon the filing
of a registration application and the payment of the
fees provided for in the Oklahoma Vehicle License and
Registration Act, Service Oklahoma or the Corporation
Commission, as applicable, shall design and assign
license plates of a distinctive design in lieu of the
usual license plates that shall show, in addition to
the identification number, that the vehicle meets the
qualifications of a military surplus vehicle, as the
case may be, owned by an Oklahoma military surplus
vehicle collector. The registration shall be valid
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for one (1) year and may be renewed by payment of such
annual fee. The yearly decal shall have an
identification number and the last two numbers of the
registration year for which it shall expire. Except
as provided by Section 1113A of this title, the
license plate shall be affixed to the exterior of the
vehicle until a replacement license plate is issued.
If the owner applies for a replacement license plate,
Service Oklahoma shall charge the fee provided for in
Section 1114 of this title. The yearly decal will
validate the license plate for each registration
period other than the year the license plate is
issued. The license plate and decal shall be of such
size, color, design, and numbering as Service Oklahoma
may direct. However, yearly decals issued to the
owner of a vehicle who has filed an affidavit with the
appropriate licensed operator in accordance with
Section 7-607 of this title shall be a separate and
distinct color from all other decals issued under this
section.
b.
Each military surplus vehicle collector, as defined by
Section 1-133.1b of this title, who applies for
military surplus vehicle license plates will be issued
a military surplus collector’s identification number
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that will appear on each license plate. Second and
all subsequent registrations under this section by the
same collector will bear the same collector’s
identification number followed by a suffix letter for
vehicle identification.
c.
A military surplus vehicle collector must own and have
registered one or more vehicles with regular Oklahoma
license plates that are used for regular
transportation.
d.
There shall be a one-time processing fee of Twenty
Dollars ($20.00) to defray the cost of issuing the
original military surplus vehicle collector’s military
surplus vehicle designation license plates to ensure
that each collector will be issued only one
collector’s identification number.
4. The license plate shall be securely attached to the rear of
the vehicle, except truck-tractor plates which shall be attached to
the front of the vehicle. Service Oklahoma may, with the
concurrence of the Department of Public Safety, by Joint Rule,
change and direct the manner, place and location of display of any
vehicle license plate when such action is deemed in the public
interest. The license plate, decal and all letters and numbers
shall be clearly visible at all times. The operation of a vehicle
in this state, regardless of where such vehicle is registered, upon
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which the license plate is covered, overlaid or otherwise screened
with any material, whether such material be clear, translucent,
tinted or opaque, shall be a violation of this paragraph.
4. 5. Upon payment of the annual registration fee provided in
Section 1133 of this title, Service Oklahoma or the Corporation
Commission, as applicable, or a licensed operator may issue a
permanent nonexpiring license plate to an owner of one hundred or
more commercial motor vehicles and for vehicles registered under the
provisions of Section 1120 of this title. Upon payment of the
annual registration fee, Service Oklahoma or the Corporation
Commission shall issue a certificate of registration that shall be
carried at all times in the vehicle for which it is issued.
Provided, if the registrant submits its application through
electronic means, such qualified owners of one hundred or more
commercial motor vehicles, properly registered pursuant to the
provisions of Section 1133 of this title, may elect to receive a
permanent certificate of registration that shall be carried at all
times in the vehicle for which it is issued.
5. 6. Every vehicle owned by an agency of this state shall be
exempt from the payment of registration fees required by this title.
Provided, such vehicle shall be registered and shall otherwise
comply with the provisions of the Oklahoma Vehicle License and
Registration Act.
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B. The license plates required under the provisions of this
title shall conform to the requirements and specifications listed
hereinafter:
1. Each license plate shall have a space for the placement of
the yearly decals for each succeeding year of registration after the
initial issue;
2. The provisions of the Oklahoma Vehicle License and
Registration Act regarding the issuance of yearly decals shall not
apply to the issuance of apportioned license plates, including
license plates for state vehicles, and exempt plates for
governmental entities and fire departments organized pursuant to
Section 592 of Title 18 of the Oklahoma Statutes;
3. All license plates and decals shall be made with
reflectorized material as a background to the letters, numbers and
characters displayed thereon. The reflectorized material shall be
of such a nature as to provide effective and dependable brightness
during the service period for which the license plate or decal is
issued;
4. Except as otherwise provided in this subsection, Service
Oklahoma shall design appropriate official license plates for all
state vehicles. Such license plates shall be permanent in nature
and designed in such manner as to remain with the vehicle for the
duration of the vehicle’s life span or until the title is
transferred to a nongovernmental owner;
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5. Within the limits prescribed in this section, Service
Oklahoma shall design appropriate official license plates for
vehicles of the Oklahoma Highway Patrol. The license plates shall
have the legend “Oklahoma OK” and shall contain the letters “OHP”
followed by the state seal and the badge number of the Highway
Patrol officer to whom the vehicle is assigned. The words “Oklahoma
Highway Patrol” shall also be included on such license plates;
6. Within the limits prescribed in this section, Service
Oklahoma shall design appropriate official license plates for
vehicles of the Oklahoma Military Department. Such license plates
shall have the legend “Oklahoma OK” and shall contain the letters
“OMD” followed by the state seal and three numbers or letters as
designated by the Adjutant General. The words “Oklahoma Military
Department” shall also be included on such license plates;
7. Within the limits prescribed in this section, Service
Oklahoma shall design appropriate official license plates for
vehicles of the Oklahoma Department of Corrections. Such license
plates shall contain the letters “DOC” followed by the Department of
Corrections badge and three numbers or letters or combination of
both as designated by the Director of the agency. The words
“Department of Corrections” shall also be included on such license
plates; and
8. Within the limits prescribed in this section, the Oklahoma
Tourism and Recreation Department shall design any license plates
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required by the initiation of a license plate reissuance by Service
Oklahoma at the request of the Department of Public Safety pursuant
to the provisions of Section 1113.2 of this title. Any such new
designs shall be submitted by the Oklahoma Tourism and Recreation
Department to the Department of Public Safety for its approval prior
to being issued by Service Oklahoma.
C. Where the applicant has satisfactorily shown that the
applicant owns the vehicle sought to be registered but is unable to
produce documentary evidence of the ownership, a license plate may
be issued upon approval by Service Oklahoma or the Corporation
Commission, as applicable. In such instances the reason for not
issuing a certificate of title shall be indicated on the receipt
given to the applicant. It shall still be the duty of the applicant
to immediately take all necessary steps to obtain the Oklahoma
certificate of title and it shall be unlawful for the applicant to
sell the vehicle until the certificate has been obtained in the
applicant’s name.
D. The certificate of registration provided for in this section
shall be in convenient form, and the certificate of registration, or
a certified copy or photostatic copy thereof, duly authenticated by
Service Oklahoma or the Corporation Commission, as applicable, shall
be carried at all times in or upon all vehicles so registered, in
such manner as to permit a ready examination thereof upon demand by
any peace officer of the state or duly authorized employee of the
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Department of Public Safety. Any such officer or agent may seize
and hold such vehicle when the operator of the same does not have
the registration certificate in the operator’s possession or when
any such officer or agent determines that the registration
certificate has been obtained by misrepresentation of any essential
or material fact or when any number or identifying information
appearing on such certificate has been changed, altered, obliterated
or concealed in any way, until the proper registration or
identification of such vehicle has been made or produced by the
owner thereof.
E. The purchaser of a new or used manufactured home shall,
within thirty (30) days of the date of purchase, register the home
with Service Oklahoma or a licensed operator pursuant to the
provisions of Section 1117 of this title. For a new manufactured
home, it shall be the responsibility of the dealer selling the home
to place a temporary license plate on the home in the same manner as
provided in Section 1128 of this title for other new motor vehicles.
For the first year that any manufactured home is registered in this
state, Service Oklahoma shall issue a metal license plate which
shall be affixed to the manufactured home. The temporary dealer
license plate or the metal license plate shall be displayed on the
manufactured home at all times when upon a public roadway; provided,
a repossession affidavit issued pursuant to Sections 1110 and 1126
of this title shall be permissible in lieu of a current license
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plate and decal for the purposes of removing a repossessed
manufactured home to a secure location. Manufactured homes
previously registered and subject to ad valorem taxation as provided
by law shall have a decal affixed at the time ad valorem taxes are
paid for such manufactured home; provided, for a manufactured home
permanently affixed to real estate, no decal or license plate shall
be required to be affixed and the owner thereof shall be given a
receipt upon payment of ad valorem taxes due on the home. Service
Oklahoma shall make sufficient plates and decals available to the
various licensed operators of the state in order for an owner of a
manufactured home to acquire the plate or decal. A one-dollar fee
shall be charged for issuance of any plate or decal. The fee shall
be apportioned each month to the General Revenue Fund of the State
Treasury.
F. The decal shall be easily visible for purposes of
verification by a county assessor that the manufactured home is
properly assessed for ad valorem taxation. In the first year of
registration, a decal shall be issued for placement on the license
plate indicating payment of applicable registration fees and excise
taxes. A duplicate manufactured home registration decal shall be
affixed inside the window nearest the front door of the manufactured
home. In the second and all subsequent years for which the
manufactured home is subject to ad valorem taxation, an annual decal
shall be affixed inside the window nearest the front door as
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evidence of payment of ad valorem taxes. Service Oklahoma shall
issue decals to the various county treasurers of the state in order
for a manufactured home owner to obtain such decal each year. Upon
presentation of a valid ad valorem tax receipt, the manufactured
home owner shall be issued the annual decal.
G. Upon the registration of a manufactured home in this state
for the first time or upon discovery of a manufactured home
previously registered within this state for which the information
required by this subsection is not known, Service Oklahoma shall
obtain:
1. The name of the owner of the manufactured home;
2. The serial number or identification number of the
manufactured home;
3. A legal description or address of the location for the home;
4. The actual retail selling price of the manufactured home
excluding Oklahoma taxes;
5. The certificate of title number for the home; and
6. Any other information which Service Oklahoma deems to be
necessary.
The application for registration shall also include the school
district in which the manufactured home is located or is to be
located. The information shall be entered into a computer data
system which shall be used by Service Oklahoma to provide
information to county assessors upon request by the assessor. The
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assessor may request any information from the system in order to
properly assess a manufactured home for ad valorem taxation.
SECTION 46. REPEALER 47 O.S. 2021, Section 1113, as last
amended by Section 3, Chapter 214, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1113), is hereby repealed.
SECTION 47. AMENDATORY 47 O.S. 2021, Section 1128, as
last amended by Section 142, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1128), is amended to read as follows:
Section 1128. A. Every person manufacturing or having a
contract to sell new vehicles in this state shall file a verified
application for a general distinctive number for all new vehicles
owned or controlled by the manufacturer or dealer; provided, Service
Oklahoma shall issue a license to sell such new motor vehicles only
for those types of new vehicles for which the applicant has a sales
contract or franchise; provided, further, that no license shall be
issued to any applicant that has not complied with the provisions of
Sections 561 through 568 of this title and does not hold a current
license issued by the Oklahoma Motor Vehicle Commission pursuant
thereto. A separate manufacturer’s or dealer’s license shall be
required for each separate county within which such manufacturer or
dealer has an established place of business and upon payment of a
license fee of Ten Dollars ($10.00) there shall be assigned and
issued to such manufacturer or dealer a Certificate of Registration
and one license plate which shall be displayed upon each vehicle of
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such manufacturer or dealer when same is operated, driven, or
displayed on any street, road, or highway, in the same manner as
hereinbefore provided for vehicles owned by other persons. Such a
manufacturer or dealer in new vehicles may obtain as many additional
license plates as may be desired, upon the payment of the sum of Ten
Dollars ($10.00) for each additional plate; provided that no such
license plate issued to any manufacturer or dealer shall be used or
displayed upon any secondhand or used vehicle, or upon any new
vehicle which is used for a service car, or private use, or for
hire. Any person, with consent of the dealer, may operate a motor
vehicle, with the dealer’s tag affixed, while contemplating
purchase, so long as this intent is limited to a consecutive
seventy-two-hour period, or a weekend. An individual holding a
valid salesman’s license issued by the Oklahoma Motor Vehicle
Commission shall not be subject to this limitation. If such person
also buys and sells used vehicles, he shall, after obtaining his new
motor vehicle dealer’s license from the Oklahoma Motor Vehicle
Commission, also obtain a used motor vehicle dealer’s license, from
the Oklahoma Used Motor Vehicle and Parts, Dismantler, and
Manufactured Housing Commission, the cost of which shall be as
prescribed in Section 1101 et seq. of this title.
B. Each dealer and used motor vehicle dealer shall keep a
record of the purchase and sale of each motor vehicle he buys or
sells, which shall show the name of the seller or buyer as the case
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may be, and a complete description of the vehicle purchased or sold,
and such other information as Service Oklahoma may prescribe.
C. Application for manufacturer’s or dealer’s license must show
that such dealer or manufacturer has not violated any of the
provisions of this section; and such license shall be nonassignable;
and any such license may be suspended temporarily or revoked by
Service Oklahoma for violation or failure to comply with this
section; provided, the holder of such license shall be given ten
(10) days’ notice of hearing to suspend or cancel such license. If
any such person subject to any of the licenses required in this
section fails to obtain it when due, a penalty of twenty-five cents
($0.25) per day on each such license shall be charged in the same
manner as is now provided on delinquent motor vehicle registrations,
and after a period of thirty (30) days such penalty shall be equal
to the license fee. It shall be the duty of every person licensed
to sell new or used motor vehicles to advise each purchaser in
writing about his title requirements and payment of any taxes due.
Each used motor vehicle must display a proper Oklahoma license plate
or a used dealer’s license plate.
D. Every person engaged in the business of transporting and
delivering new or used vehicles by driving, either singly or by
towbar, saddle mount or full mount method, engaging in drive-away
operations as defined in Section 3 of Title 85 of the Oklahoma
Statutes, or any combination thereof, from the manufacturer or
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shipper to the dealer or consignee and using the public highways of
this state shall file with Service Oklahoma a verified application
for in-transit license plates to identify such vehicles. The
application shall provide for a general distinctive number for all
vehicles so transported. Upon payment of a license fee of Ten
Dollars ($10.00) there shall be assigned and issued to such person
one in-transit plate. Such in-transit plate shall be used by such
person only on vehicles when so transported. Such person may obtain
as many additional in-transit plates as desired upon payment of a
fee of Ten Dollars ($10.00) for each additional plate. Provided, a
used motor vehicle dealer shall use a used dealer license plate in
lieu of the in-transit license plate for transporting a used motor
vehicle and, in such cases, shall be exempt from making application
for an in-transit license plate. Provided further, only a person
who possesses a valid motor carrier authority issued by the Federal
Motor Carrier Safety Administration, or a valid for-hire authority
issued by the Corporation Commission may use the in-transit license
plates obtained by them as herein authorized for transporting new or
used manufactured homes from one location to another location within
Oklahoma or from a point in another state to a point in this state.
Nothing contained in this section shall relieve any person from the
payment of license fees otherwise provided by law. When Service
Oklahoma deems it advisable and in the public interest, it may
require the holder of any in-transit license, or any person making
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application therefor, to file a proper surety bond in any amount it
deems proper, not to exceed Ten Thousand Dollars ($10,000.00).
E. Service Oklahoma shall issue dealer licenses to new and used
manufactured home dealers, new and used travel trailer dealers and
new and used commercial trailer dealers.
F. All licenses provided for in this section shall expire on
December 31 of each year.
SECTION 48. REPEALER 47 O.S. 2021, Section 1128, as last
amended by Section 21, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1128), is hereby repealed.
SECTION 49. AMENDATORY 47 O.S. 2021, Section 1132, as
last amended by Section 146, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1132), is amended to read as follows:
Section 1132. A. For all vehicles, unless otherwise
specifically provided by the Oklahoma Vehicle License and
Registration Act, a registration fee shall be assessed at the time
of initial registration by the owner and annually thereafter, for
the use of the avenues of public access within this state in the
following amounts:
1. For the first through the fourth year of registration in
this state or any other state, Eighty-five Dollars ($85.00);
2. For the fifth through the eighth year of registration in
this state or any other state, Seventy-five Dollars ($75.00);
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3. For the ninth through the twelfth year of registration in
this state or any other state, Fifty-five Dollars ($55.00);
4. For the thirteenth through the sixteenth year of
registration in this state or any other state, Thirty-five Dollars
($35.00); and
5. For the seventeenth and any following year of registration
in this state or any other state, Fifteen Dollars ($15.00).
The registration fee provided for in this subsection shall be in
lieu of all other taxes, general or local, unless otherwise
specifically provided.
On and after January 1, 2022, if a physically disabled license
plate is issued pursuant to paragraph 3 of subsection B of Section
1135.1 of this title, any registration fee required for such license
plate and the fee required pursuant to this subsection shall be
remitted at the same time and subject to a single registration
period. Upon receipt of a physically disabled license plate, the
standard issue license plate must be surrendered to Service Oklahoma
or the licensed operator. The physically disabled license plate
must be properly displayed as required for a standard issue license
plate and will be the sole license plate issued and assigned to the
vehicle. Service Oklahoma shall determine, by rule, a method for
making required fee adjustments when a physically disabled license
plate is obtained during a twelve-month period for which a
registration fee has already been remitted pursuant to this
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subsection. The combination of fees in a single remittance shall
not alter the apportionment otherwise provided for by law.
B. For all-terrain vehicles and motorcycles used exclusively
for use off roads or highways purchased on or after July 1, 2005,
and for all-terrain vehicles and motorcycles used exclusively for
use off roads or highways purchased prior to July 1, 2005, which the
owner chooses to register pursuant to the provisions of Section
1115.3 of this title, an initial and nonrecurring registration fee
of Eleven Dollars ($11.00) shall be assessed at the time of initial
registration by the owner. Nine Dollars ($9.00) of the registration
fee shall be deposited in the Oklahoma Tax Commission Reimbursement
Fund through December 31, 2022, and beginning January 1, 2023, this
fee shall be deposited in the Service Oklahoma Reimbursement Fund.
Two Dollars ($2.00) of the registration fee shall be retained by the
licensed operator. The fees required by subsection A of this
section shall not be required for all-terrain vehicles or
motorcycles used exclusively off roads and highways.
C. For utility vehicles used exclusively for use off roads or
highways purchased on or after July 1, 2008, and for utility
vehicles used exclusively for use off roads or highways purchased
prior to July 1, 2008, which the owner chooses to register pursuant
to the provisions of Section 1115.3 of this title, an initial and
nonrecurring registration fee of Eleven Dollars ($11.00) shall be
assessed at the time of initial registration by the owner. Nine
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Dollars ($9.00) of the registration fee shall be deposited in the
Oklahoma Tax Commission Reimbursement Fund through December 31,
2022, and beginning January 1, 2023, this fee shall be deposited in
the Service Oklahoma Reimbursement Fund. Two Dollars ($2.00) of the
registration fee shall be retained by the licensed operator. The
fees required by subsection A of this section shall not be required
for utility vehicles used exclusively off roads and highways.
D. There shall be a credit allowed with respect to the fee for
registration of a new vehicle which is a replacement for:
1. A new original vehicle which is stolen from the
purchaser/registrant within ninety (90) days of the date of purchase
of the original vehicle as certified by a police report or other
documentation as required by Service Oklahoma; or
2. A defective new original vehicle returned by the
purchaser/registrant to the seller within six (6) months of the date
of purchase of the defective new original vehicle as certified by
the manufacturer.
The credit shall be in the amount of the fee for registration
which was paid for the new original vehicle and shall be applied to
the registration fee for the replacement vehicle. In no event will
the credit be refunded.
E. Upon every transfer or change of ownership of a vehicle, the
new owner shall obtain title for and, except in the case of salvage
vehicles and manufactured homes, register the vehicle within thirty
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(30) days of change of ownership and pay a transfer fee of Fifteen
Dollars ($15.00) in addition to any other fees provided for in the
Oklahoma Vehicle License and Registration Act. No new decal shall
be issued to the registrant. Thereafter, the owner shall register
the vehicle annually on the anniversary date of its initial
registration in this state and shall pay the fees provided in
subsection A of this section and receive a decal evidencing such
payment. Provided, used motor vehicle dealers shall be exempt from
the provisions of this section.
F. In the event a new or used vehicle is not registered, titled
and tagged within thirty (30) days from the date of transfer of
ownership, the penalty for the failure of the owner of the vehicle
to register the vehicle within thirty (30) days shall be One Dollar
($1.00) per day, provided that in no event shall the penalty exceed
One Hundred Dollars ($100.00). No penalty shall be waived by
Service Oklahoma or any licensed operator except as provided in
subsection C of Section 1127 of this title, or when it can be shown
the vehicle was stolen as certified by a police report or other
documentation as required by the Oklahoma Tax Commission. Of each
dollar penalty collected pursuant to this subsection:
1. Twenty-one cents ($0.21) shall be apportioned as provided in
Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the licensed
operator; and
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3. Fifty-eight cents ($0.58) shall be deposited in the General
Revenue Fund.
SECTION 50. REPEALER 47 O.S. 2021, Section 1132, as last
amended by Section 14, Chapter 228, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1132), is hereby repealed.
SECTION 51. AMENDATORY 47 O.S. 2021, Section 1135.1, as
last amended by Section 1, Chapter 392, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.1), is amended to read as follows:
Section 1135.1. A. The Oklahoma Tax Commission Service
Oklahoma is hereby authorized to design and issue appropriate
official special license plates to persons as provided by this
section.
Special license plates shall not be transferred to any other
person but shall be removed from the vehicle upon transfer of
ownership and retained. The special license plate may then be used
on another vehicle but only after such other vehicle has been
registered for the current year.
Except as provided in subsection B of this section, special
license plates shall be renewed each year by the Tax Commission
Service Oklahoma or a motor license agent licensed operator. The
Tax Commission Service Oklahoma shall annually notify by mail all
persons issued special license plates. The notice shall contain all
necessary information and shall contain instructions for the renewal
procedure upon presentation to a motor license agent licensed
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operator or the Tax Commission Service Oklahoma. The license plates
shall be issued on a staggered system. The motor license agent
licensed operator fees shall be paid out of the Oklahoma Tax
Commission Reimbursement Fund. Beginning January 1, 2023, the
licensed operator fees shall be paid out of the Service Oklahoma
Reimbursement Fund.
On and after January 1, 2022, if a special license plate is
issued pursuant to this section, except for Legislative License
Plates issued pursuant to paragraph 30 of subsection B of Section
1135.2 of this title, any registration fee required for such plate
pursuant to this section and the fee required pursuant to Section
1132 of this title shall be remitted at the same time and subject to
a single registration period. The Oklahoma Tax Commission Service
Oklahoma shall determine, by rule, a method for making required fee
and registration period adjustments if a special license plate is
obtained during a twelve-month period for which a registration fee
has already been remitted pursuant to Section 1132 of this title.
The combination of fees in a single remittance shall not alter the
apportionment otherwise provided for in this section.
On and after January 1, 2022, if a physically disabled license
plate is issued pursuant to paragraph 3 of subsection B of this
section, any registration fee required for such plate pursuant to
this section and the fee required pursuant to Section 1132 of this
title shall be remitted at the same time and subject to a single
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registration period. The Oklahoma Tax Commission Service Oklahoma
shall determine, by rule, a method for making required fee and
registration period adjustments when a physically disabled license
plate is obtained during a twelve-month period for which a
registration fee has already been remitted pursuant to Section 1132
of this title. The combination of fees in a single remittance shall
not alter the apportionment otherwise provided for in this section.
B. The special license plates provided by this section are as
follows:
1. Political Subdivision Plates - such plates shall be designed
for any vehicle owned by any political subdivision of this state
having obtained a proper Oklahoma certificate of title. Such
political subdivisions shall file an annual report with the Tax
Commission stating the agency where such vehicle is located. Such
license plates shall be permanent in nature and designed in such a
manner as to remain with the vehicle for the duration of the life
span of the vehicle or until the title is transferred to an owner
who is not a political subdivision.
The registration fee shall be Eight Dollars ($8.00) and shall be
in addition to all other registration fees provided by law, except
the registration fees levied by Section 1132 of this title;
2. Tax-Exempt or Nonprofit License Plates - such plates shall
be designed for:
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a.
any motor bus, manufactured home, or mobile chapel and
power unit owned and operated by a religious
corporation or society of this state holding a valid
exemption from taxation issued pursuant to Section
501(a) of the Internal Revenue Code, 26 U.S.C.,
Section 501(a), and listed as an exempt organization
in Section 501(c)(3) of the Internal Revenue Code, as
amended, 26 U.S.C., Section 501(c)(3), and that is
used by the corporation or society solely for the
furtherance of its religious functions,
b.
any vehicle owned and operated only by nonprofit
organizations devoted exclusively to youth programs
including, but not limited to, the Girl Scouts and Boy
Scouts of America,
c.
any vehicle, except passenger automobiles, owned or
operated by nonprofit organizations actually involved
in programs for the employment of the handicapped and
used exclusively in the transportation of goods or
materials for such organization,
d.
any vehicle owned and operated by a nonprofit
organization that provides older persons
transportation to and from medical, dental and
religious services and relief from business and social
isolation,
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e.
any vehicle owned and operated by a private nonprofit
organization that:
(1) warehouses and distributes surplus foods to other
nonprofit agencies and organizations, and
(2) holds a valid exemption from taxation issued
pursuant to Section 501(c) of the Internal
Revenue Code, as amended, 26 U.S.C., Section
501(c), and listed as an exempt organization in
Section 501(c)(3) of the Internal Revenue Code,
as amended, and
(3) uses such vehicle exclusively for the
transportation of such surplus foods,
f.
any vehicle which:
(1) is owned and operated by a private, nonprofit
organization which is exempt from taxation
pursuant to the provisions of Section 501(c)(3)
of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), and which is primarily funded by a
fraternal or civic service organization with at
least one hundred local chapters or clubs, and
(2) is designed and used to provide mobile health
screening services to the general public at no
cost to the recipient, and for which no
reimbursement of any kind is received from any
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health insurance provider, health maintenance
organization or governmental program, or
g.
any vehicle owned and operated by the Civil Air
Patrol, a congressionally chartered corporation that
also serves an auxiliary of the United States Air
Force and which is exempt from taxation pursuant to
the provisions of Section 501(c)(3) of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3), and is
used exclusively for its corporate missions of
aerospace education, cadet programs and emergency
services. Such license plates shall be permanent in
nature and designed in such a manner as to remain with
the vehicle for the duration of the life span of the
vehicle or until the title to such vehicle is
transferred to an owner who is not subject to this
exemption. Such vehicles shall be exempt from the
registration fees levied under Section 1132 of this
title, except that an initial registration fee of
Twenty-five Dollars ($25.00) shall apply to each
vehicle.
Any person claiming to be eligible for a tax-exempt or nonprofit
license plate under the provisions of this paragraph must have the
name of the tax-exempt or nonprofit organization prominently
displayed upon the outside of the vehicle, except those vehicles
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registered pursuant to the provisions of subparagraph b of this
paragraph, unless such display is prohibited by federal or state law
or by state agency rules. No vehicle shall be licensed as a tax-
exempt or nonprofit vehicle unless the vehicle has affixed on each
side thereof, in letters not less than two (2) inches high and two
(2) inches wide, the name of the tax-exempt or nonprofit
organization or the insignia or other symbol of such organization
which shall be of sufficient size, shape and color as to be readily
legible during daylight hours from a distance of fifty (50) feet
while the vehicle is not in motion.
Except as provided in subparagraph g of this paragraph, the
registration fee shall be Eight Dollars ($8.00) and shall be in
addition to all other registration fees provided by law, except the
registration fees levied by Section 1132 of this title;
3. Physically Disabled License Plates - such plates shall be
designed for persons who are eligible for a physically disabled
placard under the provisions of Section 15-112 of this title. It
shall prominently display the international accessibility symbol,
which is a stylized human figure in a wheelchair. The Tax
Commission Service Oklahoma shall also design physically disabled
license plates for motorcycles owned by persons who are eligible for
a physically disabled placard pursuant to the provisions of Section
15-112 of this title. Upon the death of the physically disabled
person, the disabled license plate shall be returned to the Tax
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Commission Service Oklahoma. There shall be no fee for such plate
in addition to the rate provided by the Oklahoma Vehicle License and
Registration Act for the registration of the vehicle. For an
additional fee of Ten Dollars ($10.00), a person eligible for a
physically disabled license plate shall have the option of
purchasing a duplicate physically disabled special license plate
which shall be securely attached to the front of the vehicle. The
original physically disabled special license plate shall be securely
attached to the rear of the vehicle at all times.
Any person who is eligible for a physically disabled license
plate and whose vehicle has had modifications because of the
physical disability of the owner or of a family member within the
second degree of consanguinity of the owner, may register the
vehicle for a flat fee of Twenty-five Dollars ($25.00). This fee
shall be in lieu of all other registration fees provided by the
Oklahoma Vehicle License and Registration Act;
4. Indian Tribal License Plates - such plates shall be designed
for any vehicle of a native American Indian Tribal Association
exempted in Sections 201 through 204 of Public Law 97-473 and used
by the tribal association exclusively for the furtherance of its
tribal functions.
The registration fee shall be Eight Dollars ($8.00) and shall be
in addition to all other registration fees provided by law, except
the registration fees levied by Section 1132 of this title;
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5. Hearing Impaired License Plates - such plates shall be
designed for persons who are hearing impaired. Such persons may
apply for a hearing-impaired license plate for each vehicle with a
rated carrying capacity of one (1) ton or less upon the presentment
of an application on a form furnished by the Tax Commission Service
Oklahoma and certified by a physician holding a valid license to
practice pursuant to the licensing provisions of Title 59 of the
Oklahoma Statutes, attesting that the person is hearing impaired.
The license plate shall be designed so that such persons may be
readily identified as being hearing impaired. There shall be no
additional fee for the plate, but all other registration fees
provided by the Oklahoma Vehicle License and Registration Act shall
apply;
6. Antique or Classic Vehicles License Plates – such plates
shall be designed and issued for any vehicle twenty-five (25) years
of age or older, based upon the date of manufacture thereof and
which travels on the highways of this state primarily incidental to
historical or exhibition purposes only.
The registration fee shall be Eight Dollars ($8.00) and shall be
in addition to all other registration fees provided by law, except
the registration fees levied by Section 1132 of this title. Any
person registering an antique or classic vehicle may elect to have
the vehicle registered for a ten-year period. The registration fee
for the elected ten-year registration shall be Seventy-five Dollars
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($75.00). The motor license agent licensed operator registering the
antique or classic vehicle for a ten-year period shall receive one
hundred percent (100%) of the fees the motor license agent licensed
operator would have otherwise received pursuant to subsection A of
Section 1141.1 of this title if the antique or classic vehicle had
been registered on an annual basis; and
7. Honorary Consul License Plates – such plates shall be
designed to include the words “Honorary Consul” and issued to
persons who are honorary consuls authorized by the United States to
perform consular duties. Persons applying for such license plates
must show proof of standing as an honorary consul. The fee for such
plate shall be Eight Dollars ($8.00) and shall be in addition to all
other registration fees required by the Oklahoma Vehicle License and
Registration Act. The owner of the vehicle that possesses such
license plates shall return the special license plates to the
Oklahoma Tax Commission Service Oklahoma if the owner disposes of
the vehicle during the registration year or ceases to be authorized
to perform consular duties.
C. Special license plates provided by this section shall be
designed in such a manner as to identify the use or ownership of the
vehicle. Use of any vehicle possessing a special license plate
provided by this section for any purpose not specified herein shall
be grounds for revocation of the special license plate and
registration certificate.
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D. The fees provided by this section shall be deposited in the
Oklahoma Tax Commission Reimbursement Fund. Beginning January 1,
2023, the fees provided by this section shall be deposited in the
Service Oklahoma Reimbursement Fund.
SECTION 52. REPEALER 47 O.S. 2021, Section 1135.1, as
last amended by Section 160, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.1), is hereby repealed.
SECTION 53. REPEALER 47 O.S. 2021, Section 1135.1, as
amended by Section 2, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 54. AMENDATORY 47 O.S. 2021, Section 1135.2, as
last amended by Section 161, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.2), is amended to read as follows:
Section 1135.2. A. Service Oklahoma is hereby authorized to
design and issue appropriate official special license plates to
persons in recognition of their service or awards as provided by
this section.
Special license plates shall not be transferred to any other
person but shall be removed from the vehicle upon transfer of
ownership and retained. The special license plate may then be used
on another vehicle but only after such other vehicle has been
registered for the current year.
Special license plates shall be renewed each year by Service
Oklahoma or a licensed operator. Service Oklahoma shall annually
notify by mail all persons issued special license plates. Service
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Oklahoma shall send the notifications to the electronic mail address
provided by the person. If a person does not provide an electronic
mail address, Service Oklahoma shall notify the person by mail. The
notice shall contain all necessary information and shall contain
instructions for the renewal procedure upon presentation to a
licensed operator or Service Oklahoma. The license plates shall be
issued on a staggered system except for legislative plates and
amateur radio operator license plates.
On and after January 1, 2022, if a special license plate is
issued pursuant to this section, any registration fee required for
such plate pursuant to this section and the fee required pursuant to
Section 1132 of this title shall be remitted at the same time and
subject to a single registration period. Service Oklahoma shall
determine, by rule, a method for making required fee and
registration period adjustments if a special license plate is
obtained during a twelve-month period for which a registration fee
has already been remitted pursuant to Section 1132 of this title.
The combination of fees in a single remittance shall not alter the
apportionment otherwise provided for in this section.
Service Oklahoma is hereby directed to develop and implement a
system whereby licensed operators are permitted to accept
applications for special license plates authorized under this
section. The licensed operator shall confirm the applicant’s
eligibility, if applicable, collect and deposit any amount
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specifically authorized by law, accept and process the necessary
information directly into such system and generate a receipt
accordingly. For performance of these duties, licensed operators
shall retain the fee provided in Section 1141.1 of this title for
registration of a motor vehicle. The licensed operator fees for
acceptance of applications and renewals shall be paid out of the
Oklahoma Tax Commission Reimbursement Fund. Beginning January 1,
2023, the licensed operator fees for acceptance of applications and
renewals shall be paid out of the Service Oklahoma Reimbursement
Fund.
B. The special license plates provided by this section are as
follows:
1. Prisoner of War License Plates - such plates shall be
designed for honorably discharged or present members of the United
States Armed Forces and civilians who were former prisoners of war
held by a foreign country and who can provide proper certification
of that status. Such persons may apply for a prisoner of war
license plate for no more than two vehicles with each vehicle having
a rated carrying capacity of one (1) ton or less. The surviving
spouse of any deceased former prisoner of war, if the spouse has not
since remarried, or if remarried, the remarriage is terminated by
death, divorce, or annulment, may apply for a prisoner of war
license plate for one vehicle with a rated carrying capacity of one
(1) ton or less. The fee provided by this section for the special
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license plate authorized by this paragraph shall be in addition to
all other registration fees provided by law, except the registration
fees levied by Section 1132 of this title;
2. National Guard License Plates - such plates shall be
designed for active or retired members of the Oklahoma National
Guard. Retirees who are eligible for such plates shall provide
proof of eligibility upon initial application, but shall not be
required to provide proof of eligibility annually;
3. Air National Guard License Plates - such plates shall be
designed for active or retired members of the Oklahoma Air National
Guard. Retirees who are eligible for such plates shall provide
proof of eligibility upon initial application, but shall not be
required to provide proof of eligibility annually;
4. United States Armed Forces License Plates - such plates
shall be designed for active, retired, former or reserve members of
the United States Armed Forces, and shall identify which branch of
service, and carry the emblem and name of either the Army, Navy, Air
Force, Marines or Coast Guard, according to the branch of service to
which the member belongs or did belong. Former members who have
been dishonorably discharged shall not be eligible for such plates.
Persons applying for such license plate must show proof of present
or past military service by presenting a valid Uniformed Services
Identity Card or the United States Department of Defense Form
(DD)214 form DD 214. Retired or former members who are eligible for
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such plates shall provide proof of eligibility upon initial
application, but shall not be required to provide proof of
eligibility annually;
5. Congressional Medal of Honor Recipient License Plates - such
plates shall be designed for any resident of this state who has been
awarded the Congressional Medal of Honor. Such persons may apply
for a Congressional Medal of Honor recipient license plate for each
vehicle with a rated carrying capacity of one (1) ton or less.
There shall be no registration fee for the issuance of this plate;
6. Missing In Action License Plates - such plates shall be
designed to honor members of the United States Armed Forces who are
missing in action. The spouse of such missing person, if the spouse
has not since remarried, or if remarried, the remarriage is
terminated by death, divorce, or annulment, and each parent of the
missing person may apply for a missing in action license plate upon
presenting proper certification that the person is missing in action
and that the person making the application is the qualifying spouse
or the parent of the missing person. The qualifying spouse and each
parent of the missing person may each apply for the missing in
action license plate for each vehicle with a rated carrying capacity
of one (1) ton or less;
7. Purple Heart Recipient License Plates - such plates shall be
designed for any resident of this state presenting proper
certification from the United States Department of Veterans Affairs
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or the Armed Forces of the United States certifying that such
resident has been awarded the Purple Heart military decoration.
Such persons may apply for a Purple Heart recipient license plate
for vehicles having a rated carrying capacity of one (1) ton or
less. The surviving spouse of any deceased veteran who has been
awarded the Purple Heart military decoration, if such spouse has not
since remarried, or if remarried, the remarriage has been terminated
by death, divorce or annulment, may apply for such plate for one
vehicle with a rated carrying capacity of one (1) ton or less. The
license plate created by this paragraph shall be exempt from the fee
provided by this section for special license plates;
8. Pearl Harbor Survivor License Plates - such plates shall be
designed for any resident of this state who can be verified by the
United States Department of Veterans Affairs or the Armed Forces of
the United States as being:
a.
a member of the United States Armed Forces on December
7, 1941,
b.
stationed on December 7, 1941, during the hours of
7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor,
the island of Oahu, or offshore at a distance not to
exceed three (3) miles, and
c.
a recipient of an honorable discharge from the United
States Armed Forces.
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Such person may apply for a Pearl Harbor Survivor license plate
for each vehicle with a rated carrying capacity of one (1) ton or
less;
9. Iwo Jima License Plates - such plates shall be designed for
any resident of this state who can be verified by the United States
Department of Veterans Affairs or the Armed Forces of the United
States as being:
a.
a member of the United States Armed Forces in February
of 1945,
b.
stationed in February of 1945 on or in the immediate
vicinity of the island of Iwo Jima, and
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a recipient of an honorable discharge from the United
States Armed Forces.
Such person may apply for an Iwo Jima license plate for each
vehicle with a rated carrying capacity of one (1) ton or less.
Such license plate shall have the legend “Oklahoma OK” and shall
contain three letters and three numbers. Between the letters and
numbers shall be a logo of the flag-raising at Iwo Jima. Below the
letters, logo and numbers, the plate shall contain the words “FEB.”
at the left, “Iwo Jima” in the center and “1945” at the right. Such
plates shall not be subject to the design requirements of any other
license plates prescribed by law other than the space for the
placement of the yearly decals for each succeeding year of
registration after the initial issue;
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10. D-Day Survivor License Plates - such plates shall be
designed for any resident of this state who can be verified by the
United States Department of Veterans Affairs or the Armed Forces of
the United States as being:
a.
a member of the United States Armed Forces on June 6,
1944,
b.
a participant in the Allied invasion of the coast of
Normandy on June 6, 1944; provided, if such
participation cannot be verified by the United States
Department of Veterans Affairs or the Armed Forces of
the United States, Service Oklahoma may, in its
discretion, accept evidence of such participation from
the person applying for the license plate, and
c.
a recipient of an honorable discharge from the United
States Armed Forces.
Such person may apply for a D-Day Survivor license plate for
each vehicle with a rated carrying capacity of one (1) ton or less;
11. Killed in Action License Plates - such plates shall be
designed to honor members of the United States Armed Forces who were
killed in action. The spouse of the deceased person, if the spouse
has not remarried, or if remarried, the remarriage is terminated by
death, divorce, or annulment, may apply for a killed in action
license plate upon presenting proper certification that the person
was killed in action and that the person making the application is
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the qualifying spouse of the deceased person. The qualifying spouse
may apply for a killed in action license plate for no more than two
vehicles with each vehicle with a rated carrying capacity of one (1)
ton or less. The fee provided by this section for the special
license plate authorized by this paragraph shall be in addition to
all other registration fees provided by law, except the registration
fees levied by Section 1132 of this title. Beginning on the
effective date of this section of this act November 1, 2021, the
killed in action license plate shall be designed to honor members of
the United States Armed Forces who were killed in action while
engaged in combat with a hostile force. The parents, siblings,
half-siblings, grandparents or spouse of the deceased person, if the
spouse has not remarried, or if remarried, the remarriage is
terminated by death, divorce or annulment, may apply for a killed in
action license plate upon presenting proper certification that the
person was killed in action and that the person making the
application is the qualifying spouse or family member of the
deceased person. The qualifying spouse or family member may apply
for a killed in action license plate for no more than two vehicles
with each vehicle with a rated carrying capacity of one (1) ton or
less. The license plate shall have a white background and the
legend “Killed in Action” and shall contain any combination of
numbers and letters from one to a maximum of seven in black, as for
personalized license plates. To the left of the numbers and letters
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shall be the Battlefield Cross in gold. The killed in action
license plate shall be exempt from any minimum issuance criteria
related to license plate applications;
12. Gold Star Families License Plates - such plates shall be
designed to honor members of the United States Armed Forces who were
killed while on active duty. The parents, siblings, half-siblings
or grandparents of the deceased person may apply for a gold star
license plate upon presenting proper certification that the person
was killed while on active duty and that the person making the
application is the parent, sibling, half-sibling or grandparent of
the deceased person. The family member may apply for a gold star
families license plate for no more than two vehicles with each
vehicle having a rated carrying capacity of one (1) ton or less.
The fee provided by this section for the special license plate
authorized by this paragraph shall be in addition to all other
registration fees provided by law, except the registration fees
levied by Section 1132 of this title;
13. Military Decoration License Plates - such plates shall be
designed for any resident of this state who has been awarded the
Distinguished Service Medal, the Distinguished Service Cross, the
Distinguished Flying Cross, the Bronze Star military decoration or
the Silver Star military decoration. Such persons may apply for a
military decoration license plate for each vehicle with a rated
carrying capacity of one (1) ton or less;
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14. Vietnam Veteran License Plates - such plates shall be
designed for honorably discharged or present members of the United
States Armed Forces who served in the Vietnam Conflict. Such
persons may apply for a Vietnam veteran license plate for each
vehicle with a rated carrying capacity of one (1) ton or less;
15. Police Officer License Plates - such plates shall be
designed for any currently employed, reserve or retired municipal
police officer or full-time, reserve or retired university police
officer certified by the Council on Law Enforcement Education and
Training or common education police officer certified by the Council
on Law Enforcement Education and Training. Police officers may
apply for police officer license plates for vehicles with a rated
capacity of one (1) ton or less or for a motorcycle upon proof of
employment by or retirement from a municipal, university or common
education police department by either an identification card or
letter from the chief of the police department or the Oklahoma
Police Pension and Retirement Board. Retirees who are eligible for
such plates shall provide proof of eligibility upon initial
application but shall not be required to provide proof of
eligibility annually. The license plates shall be designed in
consultation with municipal police departments of this state;
provided, the license plate for motorcycles may be of similar design
to the license plate for motor vehicles or may be a new design in
order to meet space requirements for a motorcycle license plate;
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16. World War II Veteran License Plates - such plates shall be
designed to honor honorably discharged former members of the United
States Armed Forces who are residents of this state and who can be
verified by the Oklahoma Military Department of the State of
Oklahoma, the Department of Veterans Affairs or the Armed Forces of
the United States as having served on federal active duty anytime
during the period from September 16, 1940, to December 7, 1945. The
former members may apply for a World War II Veteran license plate
for vehicles with a rated carrying capacity of one (1) ton or less.
The license plate shall have the legend “Oklahoma” and shall
contain, in the center of the plate, either the Thunderbird Insignia
of the 45th Infantry Division in the prescribed red and gold
coloring or the emblem of the Army, Navy, U.S. Army Air Corps,
Marines or Coast Guard according to the branch of service to which
the member belonged. For the purpose of license plate
identification, the plate shall contain four digits, two digits at
the left and two digits at the right of the insignia or emblem.
Centered on the bottom of the license plate shall be the words
“WORLD WAR II”;
17. Korean War Veteran License Plates - such plates shall be
designed to honor honorably discharged former members of the United
States Armed Forces who are residents of this state and who can be
verified by the Oklahoma Military Department of the State of
Oklahoma, the Department of Veterans Affairs or the Armed Forces of
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the United States as having served on federal active duty anytime
during the period from June 27, 1950, to January 31, 1955, both
dates inclusive. The former members may apply for a Korean War
Veteran license plate for vehicles with a rated carrying capacity of
one (1) ton or less.
The license plate shall have the legend “OKLAHOMA” and shall
contain, in the center of the plate, either the Thunderbird Insignia
of the 45th Infantry Division in the prescribed red and gold
coloring or the emblem of the Army, Navy, Air Force, Marines or
Coast Guard according to the branch of service to which the member
belonged. For the purpose of license plate identification, the
plate shall contain four digits, two digits at the left and two
digits at the right of the insignia or emblem. Centered on the
bottom of the license plate shall be the word “KOREA”;
18. Municipal Official License Plates - such plates shall be
designed for persons elected to a municipal office in this state and
shall designate the name of the municipality and the district or
ward in which the municipal official serves. The plates shall only
be produced upon application;
19. Red Cross Volunteer License Plates - such plates shall be
designed to honor American Red Cross volunteers and staff who are
residents of this state. Such persons must present an
identification card issued by the American Red Cross and bearing a
photograph of the person. The license plate shall be designed with
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the assistance of the American Red Cross and shall have the legend
“Oklahoma OK!” in the color Pantone 186C Red. Below the legend the
symbol of the American Red Cross and no more than three letters and
three numbers shall be in the color Pantone 186C Red. Below the
symbol and letters and numbers shall be the words “American Red
Cross” in black. The plates shall not be subject to the design
requirements of any other license plates prescribed by law other
than the space for the placement of the yearly decals for each
succeeding year of registration after the initial issue;
20. Desert Storm License Plates - such plates shall be designed
and issued to any honorably discharged or present member of the
United States Armed Forces who served in the Persian Gulf Crisis and
the Desert Storm operation. Such persons may apply for a Desert
Storm license plate for each vehicle with a rated carrying capacity
of one (1) ton or less;
21. Military Reserve Unit License Plates - such plates shall be
designed and issued to any honorably discharged or present member of
a reserve unit of the United States Armed Forces. Such persons may
apply for a Military Reserve Unit license plate for each vehicle
with a rated carrying capacity of one (1) ton or less;
22. Oklahoma City Bombing Victims and Survivors License Plates
- such plates shall be designed and issued to any victim or survivor
of the bombing attack on the Alfred P. Murrah Federal Building in
downtown Oklahoma City on April 19, 1995;
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23. Civil Air Patrol License Plates - such plates shall be
designed and issued to any person who is a member of the Civil Air
Patrol. Such persons may apply for a Civil Air Patrol license plate
for each vehicle with a rated carrying capacity of one (1) ton or
less upon proof of membership in the Civil Air Patrol. The license
plate shall be designed in consultation with the Civil Air Patrol;
24. Ninety-Nines License Plates - such plates shall be designed
and issued to members of the Ninety-Nines. Persons applying for
such license plate must show proof of membership in the Ninety-
Nines. The license plates shall be designed in consultation with
the Ninety-Nines;
25. Combat Infantryman Badge License Plates – such plates shall
be designed to honor recipients of the Combat Infantryman Badge.
The plate shall have the legend “Oklahoma OK”. Below the legend
shall be the Combat Infantryman Badge and three numbers. Below the
badge and the numbers shall be the words “Combat Infantryman Badge”.
Such persons may apply for a Combat Infantryman Badge license plate
for each vehicle with a rated carrying capacity of one (1) ton or
less;
26. Somalia Combat Veterans License Plates – such plates shall
be designed and issued to any honorably discharged or present member
of the United States Armed Forces who saw combat in the United
Nations relief effort. Such persons may apply for a Somalia Combat
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Veteran license plate for each vehicle with a rated carrying
capacity of one (1) ton or less;
27. Police Chaplain License Plates – such plates shall be
designed and issued to members of the International Conference of
Police Chaplains (ICPC) who have completed the ICPC requirements for
basic certification as a police chaplain. The license plates shall
be designed in consultation with the ICPC;
28. Joint Service Commendation Medal License Plates – such
plates shall be designed and issued to any resident of this state
who has been awarded the Joint Service Commendation Medal by the
United States Secretary of Defense;
29. Merchant Marine License Plates - such plates shall be
designed, subject to criteria to be presented to Service Oklahoma by
the Oklahoma Department of Veterans Affairs, and issued to any
person who during combat was a member of the Merchant Marines as
certified by the Oklahoma Department of Veterans Affairs. Such
license plate may be issued for each vehicle with a rated carrying
capacity of one (1) ton or less;
30. Legislative License Plates - such plates shall be designed
for persons elected to the Oklahoma Legislature and shall designate
the house of the Legislature in which the legislator serves and the
district number;
31. Disabled Veterans License Plates - such plates shall be
designed for persons presenting proper certification from the United
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States Department of Veterans Affairs or the Armed Forces of the
United States certifying such veteran has a service-connected
disability rating of fifty percent (50%) or more, regardless which
agency pays the disability benefits, or that such veteran has been
awarded a vehicle by the United States government or receives a
grant from the United States Department of Veterans Affairs for the
purchase of an automobile due to a service-connected disability
rating or due to the loss of use of a limb or an eye. Such persons
may apply to Service Oklahoma for a disabled veterans license plate
or to a licensed operator for a regular license plate for no more
than two vehicles with each vehicle having a rated carrying capacity
of one (1) ton or less. The surviving spouse of any deceased
disabled veteran, if the spouse has not since remarried, or if
remarried, the remarriage is terminated by death, divorce, or
annulment, or a surviving spouse in receipt of Dependency and
Indemnity Compensation from the United States Department of Veterans
Affairs, may apply for a disabled veterans license plate for one
vehicle with a rated carrying capacity of one (1) ton or less. The
fee provided by this section for the special license plate
authorized by this paragraph shall be in addition to all other
registration fees provided by law, except the registration fees
levied by Section 1132 of this title. The total expense of this
license plate shall not exceed Five Dollars ($5.00).
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If the person qualifies for a disabled veterans license plate
and is also eligible for a physically disabled placard under the
provisions of Section 15-112 of this title, the person shall be
eligible to receive a disabled veterans license plate that also
displays the international accessibility symbol, which is a stylized
human figure in a wheelchair. Upon the death of the disabled
veteran with a disabled veterans license plate with the
international accessibility symbol, the plate shall be returned to
Service Oklahoma;
32. United States Air Force Association License Plates - such
plates shall be designed for members of the United States Air Force
Association. Persons applying for such license plate must show
proof of membership in the Association. The license plates shall be
designed in consultation with the Association;
33. Oklahoma Military Academy Alumni License Plates - such
plates shall be designed and issued to any resident of this state
who is an alumnus of the Oklahoma Military Academy. Such persons
may apply for an Oklahoma Military Academy Alumnus license plate for
each vehicle with a rated carrying capacity of one (1) ton or less.
The license plates shall be designed in consultation with the
Oklahoma Military Academy and shall contain the shield of the
Academy;
34. Amateur Radio Operator License Plates – such plates shall
be designed and issued to any person, holding a valid operator’s
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license, technician class or better, issued by the Federal
Communications Commission, and who is also the owner of a motor
vehicle currently registered in Oklahoma, in which has been
installed amateur mobile transmitting and receiving equipment.
Eligible persons shall be entitled to two special vehicle
identification plates as herein provided. Application for such
identification plates shall be on a form prescribed by Service
Oklahoma and the plates issued to such applicant shall have stamped
thereon the word “Oklahoma” and bear the official call letters of
the radio station assigned by the Federal Communications Commission
to the individual amateur operator thereof. All applications for
such plates must be made to Service Oklahoma on or before the first
day of October of any year for such plates for the following
calendar year and must be accompanied by the fee required in this
section together with a certificate, or such other evidence as
Service Oklahoma may require, of proof that applicant has a valid
technician class or better amateur operator’s license and proof of
applicant’s ownership of a vehicle in which radio receiving and
transmitting equipment is installed. Applicants shall only be
entitled to one set of special identification plates in any one (1)
year, and such calendar year shall be stamped thereon. The right to
such special identification plates herein provided for shall
continue until the amateur radio operator’s license of the person to
whom such plates are issued expires or is revoked;
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35. American Legion License Plates - such plates shall be
designed for members of the American Legion. Persons applying for
such license plate must show proof of membership. The license
plates shall be designed in consultation with the American Legion of
Oklahoma;
36. Deputy Sheriff License Plates - such plates shall be
designed for any currently employed or retired county sheriff or
deputy sheriff. County sheriffs or deputy sheriffs may apply for
such plates for vehicles with a rated capacity of one (1) ton or
less upon proof of employment by or retirement from a county
sheriff’s office by either an identification card or letter from the
county sheriff or a government-sponsored retirement board from which
the county sheriff or deputy sheriff may be receiving a pension.
Retirees who are eligible for such plates shall provide proof of
eligibility upon initial application but shall not be required to
provide proof of eligibility annually. The license plates shall be
designed in consultation with the county sheriff offices of this
state;
37. Gold Star Surviving Spouse License Plates – such plates
shall be designed to honor the surviving spouses and children of
qualified veterans. As used in this paragraph, “qualified veteran”
shall mean:
a.
any person honorably discharged from any branch of the
United States Armed Forces or as a member of the
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Oklahoma National Guard, who died as a direct result
of the performance of duties for any branch of the
United States Armed Forces or Oklahoma National Guard
while on active military duty, or
b.
any person honorably discharged from any branch of the
United States Armed Forces or as a member of the
Oklahoma National Guard, who died as a result of
injury, illness or disease caused by the performance
of such duties while on active duty, whether the death
occurred while on active duty or after the honorable
discharge of such person.
The fee provided by this section for the special license plate
authorized by this paragraph shall be in addition to all other
registration fees provided by law, except the registration fees
levied by Section 1132 of this title;
38. Korea Defense Service Medal License Plates – such plates
shall be designed and issued to any resident of this state who has
been awarded the Korea Defense Service Medal by the United States
Secretary of Defense. Such persons may apply for a Korea Defense
Service Medal license plate for each vehicle with a rated carrying
capacity of one (1) ton or less;
39. 180th Infantry License Plates – such plates shall be
designed for members and prior members of the 180th Infantry.
Persons applying for such license plate must obtain and provide
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proof of their membership from the 180th Infantry Association. The
license plates shall be designed in consultation with the 180th
Infantry;
40. Operation Iraqi Freedom Veteran License Plates – such
plates shall be designed and issued to any honorably discharged or
present member of the United States Armed Forces who served in
Operation Iraqi Freedom. Such person may apply for an Operation
Iraqi Freedom Veteran license plate for each vehicle with a rated
carrying capacity of one (1) ton or less, or for a motorcycle;
provided, the license plate for motorcycles may be of similar design
to the license plate for motor vehicles or may be a new design in
order to meet space requirements for a motorcycle license plate;
41. United States Air Force Academy Alumni License Plates -
such plates shall be designed and issued to any resident of this
state who is an alumnus of the United States Air Force Academy.
Such persons may apply for a United States Air Force Academy Alumnus
license plate for each vehicle with a rated carrying capacity of one
(1) ton or less;
42. Operation Enduring Freedom Veteran License Plate – such
plates shall be designed and issued to any honorably discharged or
present member of the United States Armed Forces who served in
Operation Enduring Freedom on or after September 11, 2001. The
license plate shall be designed in consultation with the Military
Department of the State of Oklahoma. Such person may apply for an
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Operation Enduring Freedom Veteran license plate for each vehicle
with a rated carrying capacity of one (1) ton or less, or for a
motorcycle; provided, the license plate for motorcycles may be of
similar design to the license plate for motor vehicles or may be a
new design in order to meet space requirements for a motorcycle
license plate;
43. Military Multi-Decoration License Plate – such plates shall
be designed and issued to any honorably discharged or present member
of the United States Armed Forces who qualifies for more than one
military decoration license plate pursuant to the provisions of this
section. Service Oklahoma shall develop and implement a system
whereby the designs of the eligible license plates can be included
together on a single license plate. Such person may apply for a
Military Multi-Decoration license plate for each vehicle with a
rated carrying capacity of one (1) ton or less;
44. Global War on Terror Expeditionary License Plate – such
plates shall be designed and issued to any honorably discharged or
present member of the United States Armed Forces who has earned a
Global War on Terror Expeditionary decoration. The license plate
shall be designed in consultation with the United States Institute
of Heraldry and the Military Department of the State of Oklahoma.
Such person may apply for a Global War on Terror Expeditionary
license plate for each vehicle with a rated carrying capacity of one
(1) ton or less;
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45. Legion of Merit Medal Recipient License Plates - such
plates shall be designed for any resident of this state presenting
proper certification from the United States Department of Veterans
Affairs or the Armed Forces of the United States certifying that
such resident has been awarded the Legion of Merit military
decoration. Such persons may apply for a Legion of Merit recipient
license plate for vehicles having a rated carrying capacity of one
(1) ton or less. The license plate shall be designed in
consultation with the Military Department of the State of Oklahoma;
46. 1-179th License Plates - such plates shall be designed for
members, prior members and members of the household of a member or
former member of the 1-179th Infantry. Persons applying for such
license plate must obtain and provide proof of their membership
association with the 1-179th Infantry Association. The license
plate shall be designed in consultation with the 1-179th Infantry;
47. 2-179th License Plates - such plates shall be designed for
members, prior members and members of the household of a member or
former member of the 2-179th Infantry. Persons applying for such
license plate must obtain and provide proof of their membership
association with the 2-179th Infantry Association. The license
plate shall be designed in consultation with the 2-179th Infantry;
48. Combat Action Ribbon Recipient License Plates - such plates
shall be designed to honor recipients of the Combat Action Ribbon
who present proper certification from the United States Department
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of the Navy. The license plate shall include the Combat Action
Ribbon earned by the recipient. Such persons may apply for a Combat
Action Ribbon Recipient license plate for vehicles having a rated
carrying capacity of one (1) ton or less;
49. Oklahoma Submarine Veterans License Plate – such plates
shall be designed for any resident of this state who is a United
States submarine veteran and presents either a Department of Defense
form DD 214 or other documentation certifying such service. Such
persons may apply for an Oklahoma Submarine Veterans license plate
for vehicles having a rated capacity of one (1) ton or less. The
license plate design shall include both gold and silver dolphins to
represent both officer and enlisted service members;
50. United States Navy Seabees and Civil Engineer Corps License
Plate – such plates shall be designed and issued to any honorably
discharged or present member of the United States Navy Seabees or
Civil Engineer Corps. Such persons may apply for a United States
Navy Seabees and Civil Engineer Corps license plate for vehicles
having a rated carrying capacity of one (1) ton or less. The
license plate shall be designed in consultation with the Military
Department of the State of Oklahoma;
51. Combat Action Badge Recipient License Plate - such plates
shall be designed to honor recipients of the Combat Action Badge who
present proper certification from the United States Army. The
license plate shall include the Combat Action Badge earned by the
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recipient. Such persons may apply for a Combat Action Badge
Recipient license plate for vehicles having a rated carrying
capacity of one (1) ton or less, or for a motorcycle; provided, the
license plate for motorcycles may be of similar design to the
license plate for motor vehicles or may be a new design in order to
meet space requirements for a motorcycle license plate;
52. Iraq Combat Veteran License Plate – such plates shall be
designed and issued to any honorably discharged or present member of
the United States Armed Forces who saw combat in Operation Iraqi
Freedom. Such persons may apply for an Iraq Combat Veteran license
plate for each vehicle with a rated carrying capacity of one (1) ton
or less, or for a motorcycle; provided, the license plate for
motorcycles may be of similar design to the license plate for motor
vehicles or may be a new design in order to meet space requirements
for a motorcycle license plate;
53. Afghanistan Combat Veteran License Plate – such plates
shall be designed and issued to any honorably discharged or present
member of the United States Armed Forces who saw combat in Operation
Enduring Freedom. Such persons may apply for an Afghanistan Combat
Veteran license plate for each vehicle with a rated carrying
capacity of one (1) ton or less, or for a motorcycle; provided, the
license plate for motorcycles may be of similar design to the
license plate for motor vehicles or may be a new design in order to
meet space requirements for a motorcycle license plate;
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54. Special Forces Association License Plates – such plates
shall be designed and issued to any honorably discharged or present
member of the Army Special Forces qualified and authorized to wear
upon the person’s United States military uniform the Army Special
Forces Tab. Persons applying for the Special Forces Association
license plate must provide a copy of the orders awarding the Special
Forces Tab or authorizing its wear upon a United States military
uniform. The license plate shall be designed in consultation with
the Special Forces Association, Chapter 32-50. Service Oklahoma
shall produce up to two distinct designs for the Special Forces
Association license plate. Qualified persons may select one design
at the time of application. The plates shall be issued to any
qualified person in any combination of numbers and letters from one
to a maximum of seven, as for personalized license plates;
55. Veterans of the United States Armed Forces License Plates –
such plates shall be designed for veterans of the United States
Armed Forces, and shall identify the branch of service, carry the
emblem and name of either the Army, Navy, Air Force, Marines or
Coast Guard, according to the branch of service to which the member
belonged, and shall reflect veteran status. Former members who have
been dishonorably discharged shall not be eligible for such plates.
Persons applying for such license plates must show proof of past
military service by presenting a valid United States Department of
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Defense Form (DD)214 upon initial application but shall not be
required to provide proof of eligibility annually; and
56. Navy Chief License Plates - such plates shall be designed
and issued to any resident of this state who has achieved the rank
of E7 through E9 in the United States Navy and presents proper
certification that the resident has achieved such rank and was
either honorably discharged or is an active or retired member of the
United States Navy. Such persons may apply for a Navy Chief license
plate for vehicles having a rated carrying capacity of one (1) ton
or less, or for a motorcycle; provided, the license plate for
motorcycles may be of similar design to the license plate for motor
vehicles or may be a new design in order to meet space requirements
for a motorcycle license plate; and
57. Air Medal License Plate – such plates shall be designed and
issued to any resident of this state who has earned the Air Medal
and presents proper certification that the resident has been awarded
such medal. The license plate shall include an image of the Air
Medal earned by the recipient. Such persons may apply for an Air
Medal license plate for vehicles having a rated carrying capacity of
one (1) ton or less, or for a motorcycle; provided, the license
plate for motorcycles may be of similar design to the license plate
for motor vehicles or may be a new design in order to meet space
requirements for a motorcycle license plate.
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C. Unless otherwise provided by this section, the fee for such
plates shall be Eight Dollars ($8.00) and shall be in addition to
all other registration fees provided by the Oklahoma Vehicle License
and Registration Act. Such fees shall be deposited in the Oklahoma
Tax Commission Reimbursement Fund to be used for the administration
of the Oklahoma Vehicle License and Registration Act. Beginning
January 1, 2023, such fees shall be deposited in the Service
Oklahoma Reimbursement Fund to be used for the administration of the
Oklahoma Vehicle License and Registration Act.
SECTION 55. REPEALER 47 O.S. 2021, Section 1135.2, as
last amended by Section 2, Chapter 397, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.2), is hereby repealed.
SECTION 56. REPEALER 47 O.S. 2021, Section 1135.2, as
last amended by Section 2, Chapter 392, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.2), is hereby repealed.
SECTION 57. REPEALER 47 O.S. 2021, Section 1135.2, as
amended by Section 3, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 58. AMENDATORY 47 O.S. 2021, Section 1135.3, as
amended by Section 162, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.3), is amended to read as follows:
Section 1135.3. A. Service Oklahoma is hereby authorized to
design and issue appropriate official special license plates to
persons wishing to demonstrate support, interest or membership to or
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for an organization, occupation, cause or other subject as provided
by this section.
Special license plates shall not be transferred to any other
person but shall be removed from the vehicle upon transfer of
ownership and retained. The special license plate may then be used
on another vehicle but only after such other vehicle has been
registered for the current year.
Special license plates shall be renewed each year by Service
Oklahoma or a licensed operator, unless authorized by Service
Oklahoma to be renewed for a period greater than one (1) year.
Service Oklahoma shall notify by mail all persons issued special
license plates. The notice shall contain all necessary information
and shall contain instructions for the renewal procedure upon
presentation to a licensed operator or Service Oklahoma. The
license plates shall be issued on a staggered system.
On and after January 1, 2022, if a special license plate is
issued pursuant to this section, any registration fee required for
such plate pursuant to this section and the fee required pursuant to
Section 1132 of this title shall be remitted at the same time and
subject to a single registration period. Service Oklahoma shall
determine, by rule, a method for making required fee and
registration period adjustments if a special license plate is
obtained during a twelve-month period for which a registration fee
has already been remitted pursuant to Section 1132 of this title.
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The combination of fees in a single remittance shall not alter the
apportionment otherwise provided for in this section.
Service Oklahoma is hereby directed to develop and implement a
system whereby licensed operators are permitted to accept
applications for special license plates authorized under this
section. The licensed operator shall confirm the applicant’s
eligibility, if applicable, collect and deposit any amount
specifically authorized by law, accept and process the necessary
information directly into such system and generate a receipt
accordingly. For performance of these duties, licensed operators
shall retain the fee provided in Section 1141.1 of this title for
registration of a motor vehicle. The licensed operator fees for
acceptance of applications and renewals shall be paid out of the
Oklahoma Tax Commission Reimbursement Fund. Beginning January 1,
2023, the licensed operator fees for acceptance of applications and
renewals shall be paid out of the Service Oklahoma Reimbursement
Fund.
If fewer than one hundred of any type of special license plates
authorized prior to January 1, 2004, are issued prior to January 1,
2006, Service Oklahoma shall discontinue issuance and renewal of
that type of special license plate. Any such authorized special
license plate registrant shall be allowed to display the license
plate upon the designated vehicle until the registration expiration
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date. After such time the expired special license plate shall be
removed from the vehicle.
Except as otherwise provided in law, for special license plates
authorized on or after July 1, 2004, no special license plates shall
be developed or issued by Service Oklahoma until Service Oklahoma
receives one hundred (100) prepaid applications therefor. The
prepaid applications must be received by Service Oklahoma within one
hundred eighty (180) days of the effective date of the authorization
or the authority to issue shall be null and void. In the event one
hundred (100) prepaid applications are not received by Service
Oklahoma within such prescribed time period any payment so received
shall be refunded accordingly.
B. The special license plates provided by this section are as
follows:
1. Round and Square Dance License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
round and square dancing;
2. National Association for the Advancement of Colored People
License Plate - such plates shall be designed, subject to the
criteria to be presented to Service Oklahoma by the NAACP, and
issued to any person wishing to demonstrate support for the NAACP;
3. National Rifle Association License Plate - such plates shall
be designed, subject to the criteria to be presented to Service
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Oklahoma by the National Rifle Association, and issued to any person
wishing to demonstrate support for the National Rifle Association;
4. Masonic Fraternity License Plate - such plates shall be
designed and issued to any resident of this state who is a member of
a Masonic Fraternity of Oklahoma. Such persons may apply for a
Masonic Fraternity license plate for each vehicle with a rated
carrying capacity of one (1) ton or less upon proof of a Masonic
Fraternity membership or upon the presentment of an application for
a Masonic Fraternity license plate authorized and approved by the
Grand Lodge of Oklahoma. The license plates shall be designed in
consultation with the Masonic Fraternities of Oklahoma and shall
contain the Masonic emblem;
5. Shriner’s Hospitals for Burned and Crippled Children License
Plate - such plates shall be designed to demonstrate support for
Shriner’s Hospitals for Burned and Crippled Children and shall be
issued to any resident of this state who is a member of a Shriner’s
Temple in Oklahoma. The license plate shall be designed in
consultation with the Shriner’s Temples in Oklahoma and shall
contain the Shriner’s emblem;
6. Balloonists License Plate - such plates shall be designed
and issued to any person wishing to demonstrate support for hot air
ballooning in this state;
7. Order of the Eastern Star License Plate - such plates shall
be designed and issued to any resident of this state who is a member
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of an Order of the Eastern Star. Such persons may apply for an
Order of the Eastern Star license plate for each vehicle with a
rated carrying capacity of one (1) ton or less upon proof of an
Order of the Eastern Star membership or upon the presentment of an
application for an Order of the Eastern Star license plate
authorized and approved by the organization. The license plate
shall be designed in consultation with the Order of the Eastern Star
and shall contain the Order of the Eastern Star emblem;
8. Knights of Columbus License Plate - such plates shall be
designed and issued to any resident of this state who is a member of
the Knights of Columbus. Such persons may apply for a Knights of
Columbus license plate for each vehicle with a rated carrying
capacity of one (1) ton or less upon proof of a Knights of Columbus
membership or upon the presentment of an application for a Knights
of Columbus license plate authorized and approved by the
organization. The license plate shall be designed in consultation
with the Knights of Columbus and shall contain the Knights of
Columbus emblem;
9. Jaycees License Plate - such plates shall be designed and
issued to members of the Jaycees. Persons applying for such license
plate must show proof of membership in the Jaycees. The license
plates shall be designed in consultation with the Jaycees;
10. Kiwanis International License Plate – such plates shall be
designed and issued to members of Kiwanis International. Persons
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applying for such license plate must show proof of membership in
Kiwanis International. The license plates shall be designed in
consultation with Kiwanis International;
11. Certified Public Accountants License Plate - such plates
shall be designed and issued to any resident of this state who is a
Certified Public Accountant. Such persons may apply for a Certified
Public Accountant license plate for each vehicle with a rated
carrying capacity of one (1) ton or less upon proof of status as a
Certified Public Accountant. The license plates shall be designed
in consultation with the Oklahoma Society of Certified Public
Accountants;
12. Civil Emergency Management License Plate – such plates
shall be designed and issued to persons wishing to demonstrate
support for the state civil emergency management system. Persons
applying for such license plate must show proof of official
affiliation by presenting a nonexpired proof of employment,
affiliation or retirement in the form of an identification card or
letter on official letterhead from a municipal, county or state
emergency management department head;
13. Civilian Conservation Corps License Plate – such plates
shall be designed, subject to criteria to be presented to Service
Oklahoma, by the Civilian Conservation Corps Association, and issued
to any person wishing to demonstrate support of the Civilian
Conservation Corps;
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14. Rotarian License Plate – such plates shall be designed and
issued to any resident of this state who is a member of a Rotarian
Club of Oklahoma. Such persons may apply for a Rotarian license
plate for each vehicle with a rated carrying capacity of one (1) ton
or less upon proof of a Rotarian Club membership or upon the
presentment of an application for a Rotarian license plate
authorized and approved by a Rotarian Club of Oklahoma. The license
plates shall be designed in consultation with the five Rotarian
District Governors and shall contain the Rotarian emblem;
15. Benevolent Protective Order of Elks License Plate – such
plates shall be designed, subject to criteria to be presented to
Service Oklahoma, by the Benevolent Protective Order of Elks, and
issued to any resident of this state who is a member of the
Benevolent Protective Order of Elks;
16. Humane Society License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Humane Society of the United States. The plates shall be issued
to any person in any combination of numbers and letters from one to
a maximum of seven, as for personalized license plates. The plate
shall contain the official Humane Society logo;
17. Oklahoma Mustang Club License Plate – such plates shall be
designed, subject to criteria to be presented to Service Oklahoma,
by the Oklahoma Mustang Club, and issued to any resident of this
state who is a member of the Oklahoma Mustang Club. Such persons
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may apply for an Oklahoma Mustang Club license plate upon
presentment of proof of membership in the Oklahoma Mustang Club.
The plates shall be issued to any person in any combination of
numbers and letters from one to a maximum of seven, as for
personalized license plates;
18. American Business Clubs (AMBUCS) License Plate - such
plates shall be designed and issued to members of American Business
Clubs. Persons applying for such license plate must show proof of
membership in AMBUCS. The license plates shall be designed in
consultation with American Business Clubs;
19. West Point 200th Anniversary License Plate – such plates
shall be designed and issued to any person wishing to commemorate
the Two Hundredth Anniversary of the founding of the United States
Military Academy at West Point, New York. The license plates shall
be designed in consultation with the West Point Society of Central
Oklahoma;
20. Oklahoma Aquarium License Plate - such plates shall be
designed and issued to persons wishing to demonstrate support for
the Oklahoma Aquarium. The license plates shall be designed in
consultation with the Oklahoma Aquarium. Subject to the provisions
of subsection A of this section, the Oklahoma Aquarium license plate
is hereby reauthorized effective November 1, 2021;
21. The Pride of Broken Arrow License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
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for The Pride of Broken Arrow marching band. The plates shall be
designed in consultation with the Broken Arrow Public School System;
22. Fellowship of Christian Athletes License Plate - such
plates shall be designed in consultation with the Fellowship of
Christian Athletes and issued to members and supporters of the
Fellowship of Christian Athletes;
23. Parrothead Club License Plate - such plates shall be
designed and issued to members and supporters of the Parrothead
Club. The license plate shall be issued to any person in any
combination of numbers and letters from one to a maximum of seven as
for personalized license plates;
24. Oklahoma Bicycling Coalition License Plate – such plates
shall be designed and issued to any person who is a member of the
Oklahoma Bicycling Coalition. The license plates shall be designed
in consultation with the Oklahoma Bicycling Coalition;
25. Electric Lineman License Plate – such plates shall be
designed and issued to persons wishing to demonstrate support for
Oklahoma’s electric linemen. The license plates shall be designed
in consultation with the Oklahoma Electric Superintendent’s
Association;
26. Alpha Kappa Alpha License Plate – such plates shall be
designed and issued to any person who is a member of Alpha Kappa
Alpha Sorority. The license plates shall be designed in
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consultation with the Oklahoma Chapter of Alpha Kappa Alpha
Sorority;
27. The National Pan-Hellenic Council Incorporated License
Plate – such plates shall be designed and issued to any person
wishing to demonstrate support to any of the nine sororities and
fraternities recognized by the National Pan-Hellenic Council
Incorporated. The license plates shall be designed in consultation
with the Oklahoma Chapter of the National Pan-Hellenic Council
Incorporated;
28. Organ, Eye and Tissue License Plate – such plates shall be
designed and issued to persons wishing to demonstrate support and
increase awareness for organ, eye and tissue donation. The license
plates shall be designed in consultation with the State Department
of Health;
29. Central Oklahoma Habitat for Humanity License Plate – such
plates shall be designed and issued to persons wishing to
demonstrate support and increase awareness for Habitat for Humanity.
The license plate shall be designed in consultation with Central
Oklahoma Habitat for Humanity;
30. Family Career and Community Leaders of America Incorporated
License Plate - such plates shall be designed and issued to persons
wishing to demonstrate support for Family Career and Community
Leaders of America Incorporated. The license plates shall be
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designed in consultation with Family Career and Community Leaders of
America Incorporated;
31. Delta Sigma Theta License Plate – such plates shall be
designed and issued to any person who is a member of Delta Sigma
Theta Sorority. The license plates shall be designed in
consultation with the Oklahoma Chapter of Delta Sigma Theta Sorority
Incorporated;
32. Omega Psi Phi License Plate – such plates shall be designed
and issued to any person who is a member of Omega Psi Phi
Fraternity. The license plates shall be designed in consultation
with the Oklahoma Chapter of Omega Psi Phi Fraternity Incorporated;
33. Alpha Phi Alpha License Plate – such plates shall be
designed and issued to any person who is a member of Alpha Phi Alpha
Fraternity. The license plates shall be designed in consultation
with the Oklahoma Chapter of Alpha Phi Alpha Fraternity
Incorporated;
34. 50th Anniversary of the Interstate System of Highways
License Plate – such plates shall be designed and issued to persons
wishing to commemorate the 50th Anniversary of the Interstate System
of Highways. The license plates shall be designed in consultation
with the American Association of State Highway and Transportation
Officials;
35. Kappa Alpha Psi License Plate - such plates shall be
designed and issued to any person who is a member of Kappa Alpha Psi
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Fraternity. The license plates shall be designed in consultation
with the Oklahoma Chapter of Kappa Alpha Psi Fraternity
Incorporated;
36. Sigma Gamma Rho License Plate - such plates shall be
designed and issued to any person who is a member of Sigma Gamma Rho
Sorority. The license plates shall be designed in consultation with
the Oklahoma Chapter of Sigma Gamma Rho Sorority Incorporated.
Subject to the provisions of subsection A of this section, the Sigma
Gamma Rho License Plate is hereby reauthorized effective November 1,
2013;
37. Multiple Sclerosis License Plate – such plates shall be
designed and issued to persons wishing to demonstrate support for
and increase awareness of multiple sclerosis. The license plates
shall be designed in consultation with the Oklahoma Chapter of the
National Multiple Sclerosis Society;
38. Frederick Douglass High School License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Frederick Douglass High School located in Oklahoma City.
The plates shall be designed in consultation with representatives of
Frederick Douglass High School National Alumni Association;
39. United States Air Force Academy License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the United States Air Force Academy;
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40. In God We Trust License Plate – such plates shall be
designed to include the motto, “In God We Trust”, and shall be
issued to any person wishing to demonstrate support for the motto;
41. National Weather Center License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for the National Weather Center in Norman. The plates shall be
designed in consultation with representatives of the National
Weather Center Directors;
42. Make-A-Wish Foundation License Plate – such plates shall be
designed and issued to persons wishing to demonstrate support for
the Make-A-Wish Foundation. The license plates shall be designed in
consultation with the Oklahoma Chapter of the National Make-A-Wish
Foundation;
43. South Central Section PGA Foundation License Plate - such
plates shall be designed and issued to persons wishing to
demonstrate support for the South Central Section PGA Foundation.
The license plates shall be designed in consultation with the South
Central Section PGA Foundation;
44. Putnam City High School License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for Putnam City High School. The plates shall be designed in
consultation with representatives of Putnam City High School Alumni
Association, Inc.;
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45. Autism Awareness License Plate - such plates shall be
designed and issued to any person wishing to increase awareness of
autism. The license plate shall be designed in consultation with
the Oklahoma Autism Network;
46. Oklahoma Blood Institute License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for the Oklahoma Blood Institute. The license plates shall be
designed in consultation with the Oklahoma Blood Institute;
47. Zeta Phi Beta and Phi Beta Sigma License Plate - such
plates shall be designed and issued to any person who is a member of
Zeta Phi Beta Sorority or Phi Beta Sigma Fraternity. The license
plates shall be designed in consultation with the Oklahoma chapters
of Zeta Phi Beta Sorority Incorporated and Phi Beta Sigma Fraternity
Incorporated;
48. Star Spencer High School License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for Star Spencer High School located in Oklahoma City. The plates
shall be designed in consultation with representatives of the Star
Spencer High School Alumni Association. Subject to the provisions
of subsection A of this section, the Star Spencer High School
License Plate is hereby reauthorized effective November 1, 2015;
49. Northeast High School License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
Northeast High School located in Oklahoma City. The plates shall be
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designed in consultation with representatives of the Northeast High
School Alumni Association;
50. Oklahoma City Central High School License Plate – such
plates shall be designed and issued to any person wishing to
demonstrate support for the Oklahoma City Central High School Alumni
Association. The plates shall be designed in consultation with
representatives of the Oklahoma City Central High School Alumni
Association;
51. Oklahoma Rifle Association License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Oklahoma Rifle Association. The plates shall be
designed in consultation with representatives of the Oklahoma Rifle
Association;
52. Oklahoma City Thunder License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Oklahoma City Thunder. The license plate shall be designed in
consultation with the Oklahoma City Thunder organization;
53. Ovarian Cancer Awareness License Plate – such plates shall
be designed and issued to any person wishing to increase awareness
of ovarian cancer. The license plate shall be designed in
consultation with the HOPE in Oklahoma organization;
54. BMW Car Club of America License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for the BMW Car Club of America. The plates shall be issued to any
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person in any combination of numbers and letters from one to a
maximum of seven, as for personalized license plates. The license
plate shall be designed in consultation with the Sunbelt Chapter of
the BMW Car Club of America. Subject to the provisions of
subsection A of this section, the BMW Car Club of America License
Plate is hereby reauthorized effective November 1, 2013;
55. Don’t Tread On Me License Plate – such plates shall be
designed to include the yellow background and rattlesnake emblem
above the motto “DON’T TREAD ON ME” as found on the historic Gadsden
flag, and shall be issued to any person wishing to demonstrate
support for the freedom and liberty of the Republic;
56. Oklahomans for the Arts License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for arts, culture and creative industries as well as arts education.
The plates shall be designed in consultation with Oklahomans for the
Arts;
57. Tulsa Oilers License Plate – such plates shall be designed
and issued to any person wishing to demonstrate support for the
Tulsa Oilers. The license plate shall be designed in consultation
with the Tulsa Oilers organization;
58. Tulsa Drillers License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Tulsa Drillers. The license plate shall be designed in
consultation with the Tulsa Drillers organization;
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59. Millwood School District License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for the Millwood School District. The license plate shall be
designed in consultation with representatives of the Millwood School
District;
60. Booker T. Washington High School License Plate – such
plates shall be issued to persons wishing to demonstrate support for
Booker T. Washington High School and shall be designed in
consultation with the Booker T. Washington High School National
Alumni Association;
61. Oklahoma Current State Flag License Plate – such plates
shall be designed to include the current Oklahoma state flag and
issued to any person wishing to demonstrate support for the current
Oklahoma state flag. The plates shall be designed in consultation
with the Friends of the Oklahoma History Center;
62. Oklahoma Original State Flag License Plate – such plates
shall be designed to include the original Oklahoma state flag and
issued to any person wishing to demonstrate support for the original
Oklahoma state flag. The plates shall be designed in consultation
with the Friends of the Oklahoma History Center. The plates shall
be issued to any person in any combination of numbers and letters
from one to a maximum of seven, as for personalized license plates.
Subject to the provisions of subsection A of this section, the
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Oklahoma Original State Flag license plate is hereby reauthorized
effective November 1, 2015;
63. Tulsa 66ers License Plate - such plates shall be designed
and issued to any person wishing to demonstrate support for the
Tulsa 66ers. The plates shall be designed in consultation with the
Tulsa 66ers Organization;
64. Frederick Bombers License Plate – such plates shall be
issued to persons wishing to demonstrate support for the Frederick
School District and shall be designed in consultation with
representatives of the Frederick School District;
65. 911 Dispatcher License Plate – such plates shall be issued
to persons wishing to demonstrate support for 911 dispatchers.
Persons applying for such license plate must show proof of current
employment as a 911 dispatcher or sign an attestation that they are
a currently employed or retired 911 dispatcher;
66. Oklahoma Fosters License Plate – such plates shall be
issued to persons wishing to demonstrate support for the Oklahoma
Fosters Initiative and shall be designed in consultation with the
Oklahoma Fosters Initiative;
67. Red Dirt Jeeps License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
Red Dirt Jeeps and such plates shall be designed in consultation
with Red Dirt Jeeps, L.L.C.;
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68. Sons of the American Revolution License Plate – such plates
shall be issued to persons wishing to demonstrate support for the
Sons of the American Revolution for a vehicle or motorcycle in any
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68. Sons of the American Revolution License Plate – such plates
shall be issued to persons wishing to demonstrate support for the
Sons of the American Revolution for a vehicle or motorcycle in any
combination of numbers and letters from one to a maximum of seven,
as for personalized license plates. Such plates shall be designed
in consultation with the Oklahoma Society of the Sons of the
American Revolution. The license plate for a motorcycle may be of
similar design as space permits or a new design in order to meet the
space requirements of a motorcycle license plate;
69. Daughters of the American Revolution License Plate – such
plates shall be issued to persons wishing to demonstrate support for
the Daughters of the American Revolution for a vehicle or motorcycle
in any combination of numbers and letters from one to a maximum of
seven, as for personalized license plates. Such plates shall be
designed in consultation with the Oklahoma Society of the Daughters
of the American Revolution. The license plate for a motorcycle may
be of similar design as space permits or a new design in order to
meet the space requirements of a motorcycle license plate;
70. Air Medal License Plate – such plates shall be designed and
issued to Air Medal recipients. An individual requesting the
license plate is required, at the time of application, to show proof
he or she is a recipient of the Air Medal or sign an attestation
stating that he or she is a medal recipient. The plates shall be
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designed to include the Air Medal emblem and shall include the words
“Air Medal” on the plate;
71. Oklahoma Institute for Child Advocacy License Plate – such
plates shall be designed and issued to any person wishing to
demonstrate support for the Oklahoma Institute for Child Advocacy.
The plates shall be issued to any person in any combination of
numbers and letters from one to a maximum of seven, as for
personalized license plates. The plates shall be designed in
consultation with the Oklahoma Institute for Child Advocacy.
Subject to the provisions of subsection A of this section, the
Oklahoma Institute for Child Advocacy license plate is hereby
reauthorized effective November 1, 2021;
72. The Pride of Oklahoma Marching Band License Plate – such
plates shall be designed and issued to any person wishing to
demonstrate support for the Pride of Oklahoma marching band. The
plates shall be designed in consultation with the University of
Oklahoma;
73. The Spirit of Oklahoma State Marching Band License Plate –
such plates shall be designed and issued to any person wishing to
demonstrate support for the Spirit of Oklahoma State marching band.
The plates shall be designed in consultation with Oklahoma State
University;
74. Southeast Spartans License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
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Southeast High School Spartans and such plates shall be designed in
consultation with the Southeast High School Alumni Association;
75. Catoosa High School License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
Catoosa High School located in Catoosa. The plates shall bear the
image of the Catoosa High School mascot and be designed in
consultation with representatives of Catoosa High School;
76. Toastmasters International License Plate - such plates
shall be issued to persons wishing to demonstrate support for
Toastmasters International and shall be designed in consultation
with District 16 of Toastmasters International;
77. Millwood High School Alumni License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Millwood High School Alumni. The license plate shall be
designed in consultation with representatives of the Millwood High
School Alumni Association;
78. Patriot Guard Riders License Plate - such plates shall be
issued to persons wishing to demonstrate support for Patriot Guard
Riders and shall be designed in consultation with the Patriot Guard
Riders of Oklahoma;
79. Bixby School District License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Bixby School District. The license plate shall be designed in
consultation with representatives of the Bixby School District;
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80. Oklahoma Renewable Energy License Plate – such plates shall
be designed in consultation with the Advanced Power Alliance and
issued to any person wishing to demonstrate support for renewable
energy;
81. Scottish Rite Masons License Plate – such plates shall be
designed and issued to any resident of this state who is a member of
the Scottish Rite Masons. Such persons may apply for a Scottish
Rite Masons license plate for each vehicle with a rated carrying
capacity of one (1) ton or less upon proof of a Scottish Rite
membership. The license plates shall be designed in consultation
with the Scottish Rite Masons in Oklahoma and shall contain the
Scottish Rite emblem;
82. New State Brand License Plate – such plates shall be
designed, subject to the criteria to be presented to Service
Oklahoma by the Oklahoma Tourism and Recreation Department, and
issued to any person wishing to demonstrate support for the new
Oklahoma brand. The license plates shall contain the new state
brand; and
83. Tulsa Flag License Plate – such plates shall be designed
and issued to any person wishing to demonstrate support for the City
of Tulsa. The license plates shall be designed in consultation with
the Tulsa Community Foundation.
C. The fee for such plates shall be Fifteen Dollars ($15.00)
per year of renewal and shall be in addition to all other
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registration fees provided by the Oklahoma Vehicle License and
Registration Act. Unless otherwise provided in this section, the
fee shall be apportioned as follows: Eight Dollars ($8.00) per year
of renewal of the special license plate fee shall be deposited in
the Oklahoma Tax Commission Reimbursement Fund to be used for the
administration of the Oklahoma Vehicle License and Registration Act
and the remaining Seven Dollars ($7.00) per year of renewal of the
special license plate fee shall be apportioned as provided in
Section 1104 of this title. Beginning January 1, 2023, Eight
Dollars ($8.00) per year of renewal of the special license plate fee
shall be deposited in the Service Oklahoma Reimbursement Fund to be
used for the administration of the Oklahoma Vehicle License and
Registration Act and the remaining Seven Dollars ($7.00) per year of
renewal of the special license plate fee shall be apportioned as
provided in Section 1104 of this title.
SECTION 59. REPEALER 47 O.S. 2021, Section 1135.3, as
amended by Section 5, Chapter 276, O.S.L. 2021, is hereby repealed.
SECTION 60. REPEALER 47 O.S. 2021, Section 1135.3, as
amended by Section 4, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 61. AMENDATORY 47 O.S. 2021, Section 1135.4, as
last amended by Section 163, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.4), is amended to read as follows:
Section 1135.4. A. Service Oklahoma is hereby authorized to
design and issue personalized license plates. The personalized
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license plates shall be issued on a staggered system except for
vintage decals.
Personalized special license plates shall not be transferred to
any other person but shall be removed from the vehicle upon transfer
of ownership and retained. The personalized special license plate
may then be used on another vehicle but only after such other
vehicle has been registered for the current year.
Personalized special license plates shall be renewed each year
by Service Oklahoma or a licensed operator, unless authorized by
Service Oklahoma to be renewed for a period greater than one (1)
year. Service Oklahoma shall notify by mail all persons issued
special license plates. Service Oklahoma shall send the
notifications to the electronic mail address provided by the person.
If a person does not provide an electronic mail address, Service
Oklahoma shall notify the person by mail. The notice shall contain
all necessary information and shall contain instructions for the
renewal procedure upon presentation to a licensed operator or
Service Oklahoma. The licensed operator fees for renewals shall be
paid out of the Oklahoma Tax Commission Reimbursement Fund.
Beginning January 1, 2023, the licensed operator fees for acceptance
of applications and renewals shall be paid out of the Service
Oklahoma Reimbursement Fund.
On and after January 1, 2022, if a personalized license plate is
issued pursuant to this section, any registration fee required for
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such plate pursuant to this section and the fee required pursuant to
Section 1132 of this title shall be remitted at the same time and
subject to a single registration period. Service Oklahoma shall
determine, by rule, a method for making required fee and
registration period adjustments if a special license plate is
obtained during a twelve-month period for which a registration fee
has already been remitted pursuant to Section 1132 of this title.
The combination of fees in a single remittance shall not alter the
apportionment otherwise provided for in this section.
B. Such plates shall be designed and issued for the following:
1. Any person in any combination of numbers or letters from one
to a maximum of seven;
2. Persons eligible for two or more of the military decoration
special license plates provided for in this title. Such plates may
be issued in any combination of emblems. However, such plates shall
only display up to three emblems and shall also display any
combination of letters or numbers from one to a maximum of three;
3. Motorcycles in any combination of numbers or letters from
one to a maximum of six;
4. Persons eligible for Korean War Veteran license plates
provided for in this title. Such plates may display any combination
of letters or numbers up to three on each side of the insignia or
emblem;
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5. Persons eligible for World War II Veteran license plates
provided for in this title. Such plates may display any combination
of letters or numbers up to three on each side of the insignia or
emblem; and
6. Persons owning vehicles which are twenty-one (21) years and
older are qualified to submit for approval by Service Oklahoma or a
licensed operator a vintage but expired official Oklahoma license
plate which is twenty-one (21) years and older. Upon approval of
such personalized plate, the owner shall be issued the annual
registration decal which Service Oklahoma or the licensed operator
shall direct to be affixed.
C. The fee for such plates shall be Twenty Dollars ($20.00) per
year of renewal and shall be in addition to all other registration
fees provided by the Oklahoma Vehicle License and Registration Act.
Eight Dollars ($8.00) per year of renewal of the personalized tag
fee shall be deposited in the Oklahoma Tax Commission Reimbursement
Fund to be used for the administration of the Oklahoma Vehicle
License and Registration Act. Twelve Dollars ($12.00) per year of
renewal of the personalized tag fee shall be apportioned as provided
in Section 1104 of this title. Beginning January 1, 2023, Eight
Dollars ($8.00) per year of renewal of the personalized tag fee
shall be deposited in the Service Oklahoma Reimbursement Fund to be
used for the administration of the Oklahoma Vehicle License and
Registration Act. Twelve Dollars ($12.00) per year of renewal of
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the personalized tag fee shall be apportioned as provided in Section
1104 of this title.
SECTION 62. REPEALER 47 O.S. 2021, Section 1135.4, as
last amended by Section 3, Chapter 392, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.4), is hereby repealed.
SECTION 63. REPEALER 47 O.S. 2021, Section 1135.4, as
amended by Section 5, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 64. AMENDATORY 47 O.S. 2021, Section 1135.5, as
last amended by Section 164, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.5), is amended to read as follows:
Section 1135.5. A. Service Oklahoma is hereby authorized to
design and issue appropriate official special license plates to
persons wishing to demonstrate support and provide financial
assistance as provided by this section.
Special license plates shall not be transferred to any other
person but shall be removed from the vehicle upon transfer of
ownership and retained. The special license plate may then be used
on another vehicle but only after such other vehicle has been
registered for the current year with a licensed operator.
Special license plates shall be renewed each year by Service
Oklahoma or a licensed operator, unless authorized by Service
Oklahoma to be renewed for a period greater than one (1) year.
Service Oklahoma shall notify by mail all persons issued special
license plates. The notice shall contain all necessary information
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and shall contain instructions for the renewal procedure upon
presentation to a licensed operator or Service Oklahoma. The
license plates shall be issued on a staggered system.
On and after January 1, 2022, if a special license plate is
issued pursuant to this section, any registration fee required for
such plate pursuant to this section and the fee required pursuant to
Section 1132 of this title shall be remitted at the same time and
subject to a single registration period. Service Oklahoma shall
determine, by rule, a method for making required fee and
registration period adjustments if a special license plate is
obtained during a twelve-month period for which a registration fee
has already been remitted pursuant to Section 1132 of this title.
The combination of fees in a single remittance shall not alter the
apportionment otherwise provided for in this section.
Service Oklahoma is hereby directed to develop and implement a
system whereby licensed operators are permitted to accept
applications for special license plates authorized under this
section. The licensed operator shall confirm the applicant’s
eligibility, if applicable, collect and deposit any amount
specifically authorized by law, accept and process the necessary
information directly into such system and generate a receipt
accordingly. For performance of these duties, licensed operators
shall retain the fee provided in Section 1141.1 of this title for
registration of a motor vehicle. The licensed operator fees for
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acceptance of applications and renewals shall be paid out of the
Oklahoma Tax Commission Reimbursement Fund. Beginning January 1,
2023, the licensed operator fees for acceptance of applications and
renewals shall be paid out of the Service Oklahoma Reimbursement
Fund.
If fewer than one hundred of any type of special license plates
authorized prior to January 1, 2004, are issued prior to January 1,
2006, Service Oklahoma shall discontinue issuance and renewal of
that type of special license plate. Any such authorized special
license plate registrant shall be allowed to display the license
plate upon the designated vehicle until the registration expiration
date. After such time the expired special license plate shall be
removed from the vehicle.
For special license plates authorized on or after July 1, 2004,
no special license plates shall be developed or issued by Service
Oklahoma until Service Oklahoma receives one hundred prepaid
applications therefor. The prepaid applications must be received by
Service Oklahoma within one hundred eighty (180) days of the
effective date of the authorization or the authority to issue shall
be null and void. In the event one hundred prepaid applications are
not received by Service Oklahoma within such prescribed time period
any payment so received shall be refunded accordingly.
B. The special license plates provided by this section are as
follows:
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1. University or College Supporter License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support to any state-supported or private university or college. As
provided in this section, an amount of the fee collected shall be
apportioned as provided in Section 1104.1 of this title;
2. Environmental Awareness License Plate - such plates shall be
designed, subject to the criteria to be presented to Service
Oklahoma by the Department of Environmental Quality in consultation
with the Oklahoma Arts Council, and issued to any person wishing to
demonstrate support to implement the statewide general public
environmental education program created pursuant to the provisions
of the Oklahoma Environmental Quality Code. Such plates shall be
designed and issued to any person in any combination of numbers and
letters from one to a maximum of seven, as for personalized license
plates. A dealer’s license plate issued pursuant to Section 1116.1
or 1128 of this title may be designated an Environmental Awareness
License Plate upon payment of the fee imposed by this section and
any other registration fees required by the Oklahoma Vehicle License
and Registration Act. As provided in this section, an amount of the
fee collected shall be apportioned pursuant to Section 1104.2 of
this title;
3. Firefighter License Plate - such plates shall be designed
for any career or retired firefighter, volunteer or paid.
Firefighters may apply for firefighter plates for up to four
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vehicles with a rated capacity of one (1) ton or less or for a
motorcycle upon proof of a fire department membership by either an
identification card or letter from the chief of the fire department.
Retirees who are eligible for such plates shall provide proof of
eligibility upon initial application, but shall not be required to
provide proof of eligibility annually. The surviving spouse of any
deceased firefighter, if the spouse has not since remarried, may
apply for a firefighter license plate for one vehicle with a rated
carrying capacity of one (1) ton or less or for a motorcycle upon
proof that the deceased firefighter was a member of a fire
department by either an identification card or letter from the chief
of the fire department. The license plate shall be designed in
consultation with the Oklahoma Firefighters Association.
As provided in this section, an amount of the fee collected
shall be deposited to the Oklahoma State Firemen’s Museum Building &
Memorial Fund for support of the Oklahoma Firefighters Museum and
the Oklahoma Fallen and Living Firefighters Memorial;
4. Wildlife Conservation License Plate - such plates shall be
designed, subject to the criteria to be presented to Service
Oklahoma by the Oklahoma Department of Wildlife Conservation in
consultation with the Oklahoma Arts Council, and issued to any
person wishing to demonstrate support for wildlife conservation in
this state through the Wildlife Diversity Fund, provided for in
Section 3-310 of Title 29 of the Oklahoma Statutes. Such plates may
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be designed and issued to any person as for personalized license
plates.
As provided in this section, an amount of the fee collected
shall be apportioned pursuant to subsection D of Section 3-310 of
Title 29 of the Oklahoma Statutes;
5. Child Abuse Prevention License Plate - such plates shall be
designed, subject to the criteria to be presented to Service
Oklahoma by the Office of Child Abuse Prevention in the State
Department of Health and the Oklahoma Committee to Prevent Child
Abuse, and issued to any person wishing to demonstrate support for
the prevention of child abuse.
As provided in this section, an amount of the fee collected
shall be deposited in the Child Abuse Prevention Fund;
6. United States Olympic Committee Supporter License Plate -
such plates shall be designed and issued to any person wishing to
demonstrate support for the United States Olympic Committee. The
plates shall be issued to any person in any combination of numbers
and letters from one to a maximum of seven, as for personalized
license plates. The plate shall contain the official United States
Olympic Committee logo. Service Oklahoma shall be authorized, if
necessary, to enter into a licensing agreement with the United
States Olympic Committee for any licensing fees which may be
required in order to use the United States Olympic Committee logo or
design. The licensing agreement shall provide for a payment of not
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more than Twenty-five Dollars ($25.00) for each license plate
issued;
7. Oklahoma History License Plate - such plates shall be
designed and issued to any person wishing to demonstrate interest in
Oklahoma history. As provided in this section, an amount of the fee
collected shall be deposited to the Oklahoma Historical Society
Revolving Fund to be used for educational purposes;
8. Historic Route 66 License Plate - such:
a.
vehicle plates shall be designed to honor historic
Route 66, also known as the “Mother Road”. As
provided in this section, an amount of the fee
collected for each vehicle license plate shall be
apportioned to the Oklahoma Historical Society
Revolving Fund to be distributed to the Route 66
Museum located in Clinton, Oklahoma, and
b.
motorcycle plates shall be designed in consultation
with the Oklahoma Route 66 Association, Inc. Service
Oklahoma shall be authorized to enter into a licensing
agreement with the Oklahoma Route 66 Association,
Inc., for any licensing fees which may be required in
order to use the Oklahoma Route 66 Association, Inc.,
logo or design. The licensing agreement shall provide
for a payment to the Oklahoma Route 66 Association,
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Inc., of not more than Twenty Dollars ($20.00) for
each motorcycle license plate issued;
9. Heart of the Heartland License Plate - such plates shall be
designed and issued to any person wishing to honor the victims of
the terrorist bombing attack on the Alfred P. Murrah Federal
Building in downtown Oklahoma City on April 19, 1995. As provided
in this section, an amount of the fee collected shall be deposited
in the Heart of the Heartland Scholarship Fund, as established in
Section 2282 of Title 70 of the Oklahoma Statutes;
10. Emergency Medical Technician License Plate - such plates
shall be designed and issued to any person who is an emergency
medical technician. Such persons may apply for an emergency medical
technician license plate for each vehicle with a rated carrying
capacity of one (1) ton or less upon proof of an emergency medical
technician’s license. The license plate shall be designed in
consultation with the state association of emergency medical
technicians. As provided in this section, an amount of the fee
collected shall be apportioned to the Emergency Medical Personnel
Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63
of the Oklahoma Statutes;
11. Fight Breast Cancer License Plate - such plates shall be
designed to demonstrate support for the prevention and treatment of
breast cancer in this state. As provided in this section, an amount
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of the fee collected shall be apportioned to the Breast Cancer Act
Revolving Fund;
12. Crime Victims Awareness License Plate - such plates shall
be designed and issued to any person wishing to demonstrate
awareness of and support for victims of crimes. The license plates
shall be designed in consultation with the Oklahoma Crime Victims
Centre. As provided in this section, an amount of the fee collected
shall be apportioned to the Attorney General’s Revolving Fund for
the Office of the Attorney General, which is hereby directed to use
such funds to contract with a statewide nonprofit organization to
provide services to crime victims;
13. Oklahoma Safe Kids Association License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support and awareness of the Oklahoma Safe Kids Association. The
license plate shall be designed in consultation with the Oklahoma
Safe Kids Association. As provided in this section, an amount of
the fee collected shall be deposited in the Children’s Hospital -
Oklahoma Safe Kids Association Revolving Fund to be distributed to
the Oklahoma Safe Kids Association program;
14. Four-H Club License Plate – such plates shall be designed,
subject to criteria to be presented to Service Oklahoma by the Four-
H Foundation, and issued to any person wishing to demonstrate
support of the Four-H Club. Such plates may be designed and issued
to any person as for personalized license plates. As provided in
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this section, an amount of the fee collected shall be apportioned to
the OSU Extension Service License Plate Revolving Fund created in
Section 1104.4 of this title;
15. Agricultural Awareness License Plate – such plates shall be
designed, subject to criteria to be presented to Service Oklahoma,
by the Oklahoma Department of Agriculture, Food, and Forestry in
consultation with the Oklahoma Arts Council, and issued to any
person wishing to demonstrate support of the Department’s Ag in the
Classroom Education Program. As provided in this section, an amount
of the fee collected shall be apportioned as provided in Section
1104.3 of this title;
16. Oklahoma Statehood Centennial License Plate – such plates
shall be designed and issued to any person wishing to commemorate
the centennial of Oklahoma’s admission to statehood in 1907. The
license plates shall be designed in consultation with the Oklahoma
Capitol Complex and Centennial Commemoration Commission. As
provided in this section, an amount of the fee collected shall be
deposited in the Oklahoma Department of Commerce Revolving Fund
created in Section 5012 of Title 74 of the Oklahoma Statutes;
17. Support Education License Plate – such plates shall be
designed, subject to criteria to be presented to Service Oklahoma by
the State Department of Education in consultation with the Oklahoma
Arts Council, and issued to any person wishing to demonstrate
support for education in this state. All licensed operators shall
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display a sample of the Support Education License plate in the area
of the business accessed by the public. Twenty-three Dollars
($23.00) of the fee collected shall be apportioned as follows:
a.
five percent (5%) shall be deposited to the Education
Reform Revolving Fund,
b.
five percent (5%) shall be deposited to the Higher
Education Revolving Fund,
c.
five percent (5%) shall be deposited to the State
Career Technology Fund, and
d.
eighty-five percent (85%) shall be deposited to the
Teachers’ Retirement Benefit Fund as set forth in
Section 17-108 of Title 70 of the Oklahoma Statutes.
However, when the Teachers’ Retirement Benefit Fund attains a
seventy percent (70%) funded ratio based on an annual actuarial
valuation as required by law, the amount of the fee shall be
apportioned equally pursuant to subparagraphs a, b and c of this
paragraph;
18. Retired Oklahoma Highway Patrol Officers License Plate –
such plates shall be designed and issued to any retired officer of
the Oklahoma Highway Patrol. The license plate shall have the
legend “Oklahoma” and shall contain, in the center of the plate, the
Highway Patrol Officers patch using the same colors and pattern as
used in the patch. Centered on the bottom of the license plate
shall be the word “Retired”. The letters “TRP” shall be used in
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combination with three numbers on either side of the insignia or
emblem. The color of the letters and numbers shall be brown.
Retirees who are eligible for such plates shall provide proof of
eligibility upon initial application, but shall not be required to
provide proof of eligibility annually. The surviving spouse of any
deceased retired officer of the Oklahoma Highway Patrol, if the
spouse has not since remarried, or if remarried, the remarriage is
terminated by death, divorce, or annulment, may apply for a Retired
Oklahoma Highway Patrol Officers license plate. As provided in this
section, an amount of the fee collected shall be deposited into the
Law Enforcement Retirement Fund;
19. Boy Scouts of America Supporter License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Boy Scouts of America. The plates shall be issued
to any person in any combination of numbers and letters from one to
a maximum of seven, as for personalized license plates. The plate
shall contain the official Boy Scouts of America logo. Service
Oklahoma shall be authorized, if necessary, to enter into a
licensing agreement with the Boy Scouts of America for any licensing
fees which may be required in order to use the Boy Scouts of America
logo or design. The licensing agreement shall provide for a payment
to the Boy Scouts of America of not more than Twenty Dollars
($20.00) for each license plate issued;
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20. Urban Forestry and Beautification License Plate – such
plates shall be designed, subject to criteria to be presented to
Service Oklahoma, by the Oklahoma Department of Agriculture, Food,
and Forestry in consultation with nonprofit organizations in this
state that develop and operate programs to encourage urban forestry
and beautification, and issued to any person wishing to demonstrate
support of such programs. As provided in this section, an amount of
the fee collected shall be apportioned as provided in Section 1104.5
of this title;
21. Oklahoma State Parks Supporter License Plate – such plates
shall be designed, subject to criteria to be presented to Service
Oklahoma by the Oklahoma Tourism and Recreation Department, and
issued to any person wishing to demonstrate support for the Oklahoma
state parks system. Twenty-three Dollars ($23.00) of the fee
collected shall be deposited in the Oklahoma Tourism and Recreation
Department Revolving Fund. Such money shall be designated for and
may only be expended for the support of Oklahoma state parks;
22. Adoption Creates Families License Plate – such plates shall
be issued to any person wishing to demonstrate support of pregnant
women who are committed to placing their children for adoption and
wishing to provide assistance to guardians, adoptive parents and
other created families to assist in the adoption and placement of
children in permanent, safe homes. The license plates shall be
designed and final terminology delivered in consultation with the
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Oklahoma Adoption Coalition and the Department of Human Services.
Twenty-five Dollars ($25.00) of the fee collected shall be deposited
in a revolving fund established in the State Treasury for and to be
used by the Department of Human Services for the implementation of
the Investing in Stronger Oklahoma Families Act specifically for
created families;
23. Choose Life License Plate – such plates shall be designed,
subject to criteria presented to Service Oklahoma, by Choose Life,
Inc., and issued to any person who wishes to demonstrate support of
organizations that encourage adoption as a positive choice for women
with unplanned pregnancies. As provided in this section, an amount
of the fee collected shall be deposited in the Choose Life
Assistance Program Revolving Fund established in Section 1104.6 of
this title;
24. Future Farmers of America License Plate – such plates shall
be designed and issued to persons wishing to demonstrate support for
the Oklahoma FFA (formerly known as Future Farmers of America). The
license plates shall be designed in consultation with the Oklahoma
FFA Foundation Board of Directors. As provided in this section, an
amount of the fee collected shall be apportioned as provided in
Section 1104.7 of this title;
25. Lions Club License Plate – such plates shall be designed
and issued to persons wishing to demonstrate support for the Lions
Club of Oklahoma. The plates shall be issued to any person in any
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combination of numbers and letters from one to a maximum of seven,
as for personalized license plates. The license plates shall be
designed in consultation with the Oklahoma Lions Service Foundation
and shall contain the official logo of the International Association
of Lions Clubs. Service Oklahoma shall be authorized to enter into
a licensing agreement with the Oklahoma Lions Service Foundation.
The licensing agreement shall provide for a payment to the Oklahoma
Lions Service Foundation of not more than Ten Dollars ($10.00) for
each license plate issued;
26. Color Oklahoma License Plate – such plates shall be
designed, subject to criteria to be presented to Service Oklahoma by
the Oklahoma Native Plant Society, and issued to any person wishing
to demonstrate support for preserving and planting wildflowers and
native plants in Oklahoma and to promote Oklahoma’s wildflower
heritage through education. As provided in this section, an amount
of the fee collected shall be apportioned as provided in Section
1104.8 of this title;
27. Girl Scouts of the United States of America Supporter
License Plate - such plates shall be designed and issued to any
person wishing to demonstrate support for the Girl Scouts of the
United States of America. The plates shall be issued to any person
in any combination of numbers and letters from one to a maximum of
seven, as for personalized license plates. The plate shall contain
the official Girl Scouts of the United States of America logo.
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Service Oklahoma shall be authorized, if necessary, to enter into a
licensing agreement with the Girl Scouts of the United States of
America for any licensing fees which may be required in order to use
the Girl Scouts of the United States of America logo or design. The
licensing agreement shall provide for a payment to the Girl Scouts
of Magic Empire Council, acting on behalf of all Oklahoma Girl Scout
councils, of not more than Twenty Dollars ($20.00) for each license
plate issued;
28. Oklahoma City Memorial Marathon License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Oklahoma City Memorial Marathon. The plate shall be
designed in consultation with the Oklahoma City Memorial Marathon.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Oklahoma City Memorial Marathon for any licensing
fees which may be required in order to use the Oklahoma City
Memorial Marathon logo or design. The licensing agreement shall
provide for a payment to the Oklahoma City Memorial Marathon of not
more than Twenty Dollars ($20.00) for each license plate issued;
29. Oklahoma Scenic Rivers License Plate – such plates shall be
designed to demonstrate support for the Oklahoma Scenic Rivers. The
plates shall be designed in consultation with the Oklahoma Scenic
Rivers Commission operations of the Grand River Dam Authority.
Twenty-five Dollars ($25.00) of the fee shall be apportioned to the
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Oklahoma Scenic Rivers Commission Grand River Dam Authority for the
purposes of the Oklahoma Scenic Rivers operations;
30. Fight Cancer License Plate – such plates shall be designed
to demonstrate support for the Oklahoma Central Cancer Registry.
The plate shall contain the American Cancer Society logo. The
American Cancer Society logo shall be used in accordance with the
American Cancer Society’s branding guidelines and shall only be
utilized to support the Oklahoma Central Cancer Registry. Twenty
Dollars ($20.00) of the fee shall be apportioned to the Oklahoma
Central Cancer Registry Revolving Fund;
31. Animal Friendly License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
controlling the overpopulation of dogs and cats through educational
and sterilization efforts. The plates shall be designed in
consultation with the Veterinary Medical Association. Twenty
Dollars ($20.00) of the fee collected shall be designated by the
purchaser of the plate to be deposited in the Oklahoma Pet
Overpopulation Fund created in Section 2368.13 of Title 68 of the
Oklahoma Statutes or the Animal Friendly Revolving Fund created in
Section 1104.10 of this title;
32. Patriot License Plate - such plates shall be designed in
consultation with the Military Department of Oklahoma and issued to
any person wishing to demonstrate support for Oklahoma residents who
are members of the Oklahoma National Guard and deployed on active
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duty. The plates shall be issued to any person in any combination
of numbers and letters from one to a maximum of seven, as for
personalized license plates. As provided in this section, a portion
of the fee collected shall be deposited in the Patriot License Plate
Revolving Fund created in Section 1104.11 of this title;
33. Global War on Terrorism License Plate - such plate shall be
designed in consultation with the Military Department of Oklahoma
and issued to any person wishing to demonstrate support for Oklahoma
residents who are members of the Armed Forces of the United States
or Oklahoma National Guard that have served in the Global War on
Terrorism. The plate shall be issued to any person in any
combination of numbers and letters from one to a maximum of six. As
provided in this section, a portion of the fee collected shall be
deposited in the Oklahoma National Guard Museum Fund created in
Section 235.1 of Title 44 of the Oklahoma Statutes;
34. Boys and Girls Clubs of America Supporter License Plate –
such plates shall be designed and issued to any person wishing to
demonstrate support for the Boys and Girls Clubs of America. The
plates shall be issued to any person in any combination of numbers
and letters from one to a maximum of seven, as for personalized
license plates. The plate shall contain the official Boys and Girls
Clubs of America logo. Service Oklahoma, if necessary, may enter
into a licensing agreement with the Boys and Girls Clubs of America
for any licensing fees which may be required in order to use the
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Boys and Girls Clubs of America logo or design. The licensing
agreement shall provide for a payment to the Boys and Girls Clubs of
America of not more than Twenty Dollars ($20.00) for each license
plate issued;
35. Oklahoma Quarter Horse License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the American Quarter Horse in Oklahoma. The plate shall be designed
in consultation with the Oklahoma Quarter Horse Association. As
provided in this section, a portion of the fee collected shall be
deposited in the Oklahoma Quarter Horse Revolving Fund created in
Section 1104.12 of this title;
36. Oklahoma Association for the Deaf License Plate – such
plates shall be designed in consultation with the Oklahoma
Association for the Deaf and issued to any person wishing to
demonstrate support for Oklahoma residents who are deaf. The plates
shall be issued to any person in any combination of numbers and
letters from one to a maximum of seven, as for personalized license
plates. As provided in this section, a portion of the fee collected
shall be deposited in the Oklahoma Association for the Deaf License
Plate Revolving Fund created in Section 1104.15 of this title;
37. Oklahoma City Zoo License Plate – such plates shall be
issued to any person wishing to demonstrate support for the Oklahoma
City Zoo. The license plates shall be designed in consultation with
the Oklahoma Zoological Society, Inc. As provided in this section,
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an amount of the fee collected shall be deposited in the Oklahoma
Zoological Society Revolving Fund created in Section 1104.13 of this
title;
38. March of Dimes License Plate – such plates shall be issued
to persons wishing to demonstrate support for the March of Dimes
mission to improve the health of babies by preventing birth defects,
premature birth and infant mortality. The license plates shall be
designed in consultation with the Oklahoma Chapter March of Dimes.
As provided in this section, an amount of the fee collected shall be
deposited in the Oklahoma Prevent Birth Defects, Premature Birth and
Infant Mortality Fund established in Section 1104.14 of this title;
39. Support Our Troops Supporter License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Support Our Troops Incorporated. The plates shall be
issued to any person in any combination of numbers and letters from
one to a maximum of six. The plate shall contain the official
Support Our Troops Incorporated logo which includes the mark
“Support Our Troops” across the bottom of the plate. Service
Oklahoma, if necessary, may enter into a licensing agreement with
Support Our Troops Incorporated for any licensing fees which may be
required in order to use the Support Our Troops Incorporated logo or
design. The licensing agreement shall provide for a payment to
Support Our Troops Incorporated of Twenty-five Dollars ($25.00) for
each license plate issued;
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40. Folds of Honor Supporter License Plate – such plates shall
be authorized to be designed and issued to any person wishing to
demonstrate support for the Oklahoma City Chapter of Folds of Honor
Incorporated, a nonprofit charitable organization exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), providing educational scholarships to
spouses and children of America’s fallen and disabled military
service members. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of six.
Such person may apply for a Folds of Honor Supporter license plate
for a motorcycle; provided, the license plate for motorcycles may be
of similar design to the license plate for motor vehicles or may be
a new design in order to meet space requirements for a motorcycle
license plate. The plate shall be designed in consultation with the
Oklahoma City Chapter of Folds of Honor Incorporated and shall
contain the official Folds of Honor Incorporated logo which includes
the mark “Folds of Honor” across the bottom of the plate. Service
Oklahoma, if necessary, may enter into a licensing agreement with
Folds of Honor Incorporated for any licensing fees which may be
required in order to use the Folds of Honor Incorporated logo or
design. The licensing agreement shall provide for a payment to
Folds of Honor Incorporated of Twenty-five Dollars ($25.00) for each
license plate issued. Subject to the provisions of subsection A of
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this section, the Folds of Honor Supporter License Plate is hereby
reauthorized effective November 1, 2019;
41. Downed Bikers Association License Plate - such plates shall
be designed and issued to any person wishing to demonstrate support
for the Downed Bikers Association, a nonprofit charitable
organization exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3), which provides
emotional and financial support for downed bikers. The license
plate shall be designed in consultation with the Central Oklahoma
Chapter of the Downed Bikers Association and shall contain any
official logo or design of the organization. Service Oklahoma, if
necessary, may enter into a licensing agreement with the Downed
Bikers Association for any licensing fees which may be required in
order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the Downed Bikers
Association of not more than Twenty Dollars ($20.00) for each
license plate;
42. Armed Forces Veterans Motorcycle License Plate – such
plates shall be designed for use on a motorcycle in consultation
with A Brotherhood Aiming Toward Education of Oklahoma, Inc.
(ABATE), and issued to any honorably discharged former member of the
United States Armed Forces wishing to demonstrate support for the
Oklahoma National Guard Museum. Persons applying for such license
plate must show proof of past military service. As provided in this
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section, a portion of the fee collected shall be deposited in the
Oklahoma National Guard Museum Fund created in Section 235.1 of
Title 44 of the Oklahoma Statutes;
43. Buffalo Soldier License Plate - such plates shall be issued
to any person wishing to honor and celebrate the history and
contribution of the Buffalo Soldiers. The license plates shall be
designed in consultation with the Lawton-Fort Sill Chapter of the
Buffalo Soldiers 9th and 10th (Horse) Cavalry Association. As
provided in this section, an amount of the fee collected shall be
deposited in the Buffalo Soldier License Plate Revolving Fund
created in Section 1104.16 of this title;
44. Prevent Blindness Oklahoma License Plate - such plates
shall be issued to any person wishing to provide financial support
for vision screening of school age children in this state. The
license plates shall be designed in consultation with Prevent
Blindness Oklahoma. As provided in this section, an amount of the
fee collected shall be deposited in the Prevent Blindness Oklahoma
License Plate Revolving Fund created in Section 1104.17 of this
title;
45. Oklahoma State Capitol Restoration License Plate - such
plates shall be designed and issued to any person wishing to
demonstrate support for restoration of the Oklahoma State Capitol
building. The license plates shall be designed in consultation with
the Friends of the Capitol corporation, created pursuant to Section
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15.4 of Title 73 of the Oklahoma Statutes and the State Capitol
Preservation Commission created pursuant to Section 4102 of Title 74
of the Oklahoma Statutes. As provided in this section, an amount of
the fee collected shall be deposited in the Oklahoma Friends of the
Capitol License Plate Revolving Fund established in Section 1104.18
of this title;
46. Eastern Red Cedar Tree License Plate – such plates shall be
designed, subject to criteria to be presented to Service Oklahoma
and issued to any person wishing to demonstrate support for the
removal of Eastern Redcedar trees from lands in the state and to
develop marketable uses for the harvested trees. The license plate
shall be designed in consultation with the Oklahoma Department of
Agriculture, Food, and Forestry. Twenty-three Dollars ($23.00) of
the fee collected shall be deposited in the Eastern Redcedar
Revolving Fund created in Section 18-407 of Title 2 of the Oklahoma
Statutes. The money shall be designated for and may only be
expended for the purposes as set forth in the Eastern Redcedar
Management Act;
47. Pancreatic Cancer Research License Plate - such plates
shall be issued to any person wishing to provide financial support
for the University of Oklahoma Foundation, Pancreatic Cancer
Research Fund. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of six.
The license plates shall be designed in consultation with the
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University of Oklahoma Foundation, Pancreatic Cancer Research Fund.
As provided in this section, an amount of the fee collected shall be
deposited in the Pancreatic Cancer Research License Plate Revolving
Fund created in Section 1104.19 of this title;
48. Alzheimer’s Research License Plate - such plates shall be
issued to any person wishing to provide financial support for the
Oklahoma Chapter of the Alzheimer’s Association. The license plates
shall be designed in consultation with the Oklahoma Chapter of the
Alzheimer’s Association. As provided in this section, an amount of
the fee collected shall be deposited in the Alzheimer’s Research
License Plate Revolving Fund created in Section 1104.20 of this
title;
49. Hospice and Palliative Care License Plate - such plates
shall be issued to any person wishing to provide financial support
for the Oklahoma Hospice and Palliative Care Association. The
license plates shall be designed in consultation with the Oklahoma
Hospice and Palliative Care Association. As provided in this
section, an amount of the fee collected shall be deposited in the
Hospice and Palliative Care License Plate Revolving Fund created in
Section 1104.21 of this title;
50. Juvenile Diabetes Research License Plate - such plates
shall be issued to any person wishing to provide financial support
for the Oklahoma Chapters of the Juvenile Diabetes Research
Foundation. The license plates shall be designed in consultation
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with the Oklahoma Chapters of the Juvenile Diabetes Research
Foundation. As provided in this section, an amount of the fee
collected shall be deposited in the Juvenile Diabetes Research
License Plate Revolving Fund created in Section 1104.22 of this
title;
51. Deer Creek Schools Foundation License Plate - such plates
shall be issued to any person wishing to provide financial support
for the Deer Creek Schools Foundation. The license plates shall be
designed in consultation with the Deer Creek Schools Foundation.
The plates shall be issued to any person in any combination of
numbers and letters from one to a maximum of seven, as for
personalized license plates. As provided in this section, an amount
of the fee collected shall be deposited in the Deer Creek Schools
Foundation License Plate Revolving Fund created in Section 1104.23
of this title;
52. Lupus Awareness and Education License Plate - such plates
shall be issued to any person wishing to provide financial support
for the Lupus Foundation of Oklahoma. The license plates shall be
designed in consultation with the Lupus Foundation of Oklahoma. As
provided in this section, an amount of the fee collected shall be
deposited in the Oklahoma Lupus License Plate Revolving Fund created
in Section 1104.24 of this title. Subject to the provisions of
subsection A of this section, the Lupus Awareness and Education
License Plate is hereby reauthorized effective November 1, 2018;
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53. Chiefs of Police License Plate - such plates shall be
issued to any person wishing to provide financial support for the
Oklahoma Association of Chiefs of Police for a vehicle or motorcycle
in any combination of numbers and letters from one to a maximum of
seven, as for personalized license plates. The license plates shall
be designed in consultation with the Oklahoma Association of Chiefs
of Police. The license plate for a motorcycle may be of similar
design as space permits or a new design in order to meet the space
requirements of a motorcycle license plate. Service Oklahoma shall
be authorized to enter into a licensing agreement with the Oklahoma
Association of Chiefs of Police for any licensing fees which may be
required in order to use the association’s logo or design. The
licensing agreement shall provide for a payment to the Oklahoma
Association of Chiefs of Police of not more than Twenty Dollars
($20.00) for each license plate issued. Subject to the provisions
of subsection A of this section, the Chiefs of Police License Plate
is hereby reauthorized effective November 1, 2015;
54. Crossings Christian School License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Crossings Christian School located in Oklahoma City.
The license plates shall be designed in consultation with the
administration of Crossings Christian School. Service Oklahoma
shall be authorized to enter into a licensing agreement with
Crossings Christian School for any licensing fees which may be
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required in order to use the school’s logo or design. The licensing
agreement shall provide for a payment to the Crossings Christian
School of not more than Twenty Dollars ($20.00) for each license
plate issued;
55. Hilldale Education Foundation License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Hilldale Education Foundation. The license plates
shall be designed in consultation with the administration of the
Hilldale Education Foundation. Service Oklahoma shall be authorized
to enter into a licensing agreement with the Hilldale Education
Foundation for any licensing fees which may be required in order to
use the foundation’s logo or design. The licensing agreement shall
provide for a payment to the Hilldale Education Foundation of not
more than Twenty Dollars ($20.00) for each license plate issued;
56. Oklahoma Nurses License Plate – such plates shall be issued
to any person licensed pursuant to the Oklahoma Nursing Practice Act
and providing such documentation of current licensure as may be
required by Service Oklahoma. The license plates shall be designed
in consultation with the Oklahoma Nurses Association. As provided
in this section, an amount of the fee collected shall be deposited
in the Oklahoma Nurses License Plate Revolving Fund created in
Section 1104.26 of this title;
57. Oklahoma Sports Hall of Fame License Plate – such plates
shall be issued to any person wishing to demonstrate support for the
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Oklahoma Sports Hall of Fame. The license plates shall be designed
in consultation with the administration of the Oklahoma Sports Hall
of Fame. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Oklahoma Sports Hall of Fame for any
licensing fees which may be required in order to use the Hall of
Fame’s logo or design. The licensing agreement shall provide for a
payment to the Oklahoma Sports Hall of Fame of not more than Twenty
Dollars ($20.00) for each license plate issued;
58. Childhood Cancer Awareness License Plate – such plates
shall be issued to any person wishing to demonstrate support for the
Oklahoma Children’s Cancer Association. The license plates shall be
designed in consultation with the administration of the Oklahoma
Children’s Cancer Association. Service Oklahoma shall be authorized
to enter into a licensing agreement with the Oklahoma Children’s
Cancer Association for any licensing fees which may be required in
order to use the Oklahoma Children’s Cancer Association’s logo or
design. The licensing agreement shall provide for a payment to the
Oklahoma Children’s Cancer Association of not more than Twenty
Dollars ($20.00) for each license plate issued;
59. Oklahoma Educational Television Authority License Plate –
such plates shall be designed and issued to any person wishing to
demonstrate support for the Oklahoma Educational Television
Authority and such plates shall be designed in consultation with the
Authority. As provided in this section, an amount of the fee
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collected shall be deposited in The Educational Television Authority
Revolving Fund created in Section 156 of Title 62 of the Oklahoma
Statutes;
60. Remembering Fallen Heroes License Plate – such plates shall
be designed and issued to any person wishing to demonstrate support
for Concerns of Police Survivors, Inc. Such plates shall be
designed in consultation with the Oklahoma chapter of Concerns of
Police Survivors, Inc. As provided in this section, an amount of
the fee collected shall be deposited in the Oklahoma Concerns of
Police Survivors License Plate Revolving Fund created in Section
1104.27 of this title;
61. Disabled American Veterans License Plate – such plates
shall be designed in consultation with the Disabled American
Veterans Department of Oklahoma and issued to any member of the
organization wishing to demonstrate support. Service Oklahoma shall
be authorized to enter into a licensing agreement with the Disabled
American Veterans Department of Oklahoma for any licensing fees
which may be required in order to use the organization’s logo or
design. The licensing agreement shall provide for a payment to the
Disabled American Veterans Department of Oklahoma of not more than
Twenty Dollars ($20.00) for each license plate issued. The plates
shall incorporate a numbering system agreed upon by the Disabled
American Veterans Department of Oklahoma and Service Oklahoma;
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62. Owasso Rams Supporter License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the Owasso Rams, and shall be designed in consultation with
representatives of Owasso Schools. The plates shall be issued to
any person in any combination of numbers and letters from one to a
maximum of seven, as for personalized license plates. As provided
in this section, an amount of the fee collected shall be deposited
in the Education Reform Revolving Fund created in Section 34.89 of
Title 62 of the Oklahoma Statutes;
63. Collinsville Cardinals Supporter License Plate - such
plates shall be designed and issued to any person wishing to
demonstrate support for the Collinsville Cardinals, and shall be
designed in consultation with representatives of Collinsville
Schools. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of seven,
as for personalized license plates. As provided in this section, an
amount of the fee collected shall be deposited in the Education
Reform Revolving Fund created in Section 34.89 of Title 62 of the
Oklahoma Statutes;
64. Sperry Pirates Supporter License Plate - such plates shall
be designed and issued to any person wishing to demonstrate support
for the Sperry Pirates, and shall be designed in consultation with
representatives of Sperry Schools. The plates shall be issued to
any person in any combination of numbers and letters from one to a
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maximum of seven, as for personalized license plates. As provided
in this section, an amount of the fee collected shall be deposited
in the Education Reform Revolving Fund created in Section 34.89 of
Title 62 of the Oklahoma Statutes;
65. Skiatook Bulldogs Supporter License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Skiatook Bulldogs, and shall be designed in
consultation with representatives of Skiatook Schools. The plates
shall be issued to any person in any combination of numbers and
letters from one to a maximum of seven, as for personalized license
plates. As provided in this section, an amount of the fee collected
shall be deposited in the Education Reform Revolving Fund created in
Section 34.89 of Title 62 of the Oklahoma Statutes;
66. Rejoice Christian Eagles Supporter License Plate - such
plates shall be designed and issued to any person wishing to
demonstrate support for the Rejoice Christian Eagles, and shall be
designed in consultation with representatives of Rejoice Christian
Schools. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of seven,
as for personalized license plates. As provided in this section, an
amount of the fee collected shall be deposited in the Education
Reform Revolving Fund created in Section 34.89 of Title 62 of the
Oklahoma Statutes;
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67. East Central Cardinals Supporter License Plate - such
plates shall be designed and issued to any person wishing to
demonstrate support for the East Central Cardinals, and shall be
designed in consultation with representatives of East Central
Schools. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of seven,
as for personalized license plates. As provided in this section, an
amount of the fee collected shall be deposited in the Education
Reform Revolving Fund created in Section 34.89 of Title 62 of the
Oklahoma Statutes;
68. Southeast Spartans Supporter License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Southeast Spartans, and shall be designed in
consultation with the Southeast High School Alumni Association. The
plates shall be issued to any person in any combination of numbers
and letters from one to a maximum of seven, as for personalized
license plates. As provided in this section, an amount of the fee
collected shall be deposited in the Education Reform Revolving Fund
created in Section 34.89 of Title 62 of the Oklahoma Statutes;
69. Sooner State ABATE License Plate - such plates shall be
issued to any person wishing to provide financial support for Sooner
State ABATE. The license plates shall be designed in consultation
with Sooner State ABATE. The plates shall be issued to any person
in any combination of numbers and letters from one to a maximum of
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seven, as for personalized plates. The license plate for a
motorcycle may be of similar design as space permits or a new design
in order to meet the space requirements of a motorcycle license
plate. Service Oklahoma shall be authorized to enter into a
licensing agreement with Sooner State ABATE for any licensing fees,
which may be required in order to use the association’s logo or
design. The licensing agreement shall provide for a payment to
Sooner State ABATE of not more than Twenty Dollars ($20.00) for each
license plate issued. Subject to the provisions of subsection A of
this section, the Sooner State ABATE License Plate is hereby
reauthorized effective November 1, 2019;
70. Oklahoma License to Educate License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Oklahoma educators. Such plates shall be designed in
consultation with the State Department of Education. As provided in
this section, an amount of the fee collected shall be deposited in
the Oklahoma Teacher Recruitment Revolving Fund created in Section
6-132 of Title 70 of the Oklahoma Statutes;
71. Piedmont Education Foundation License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Piedmont Public Schools Education Foundation. Such
plates shall be designed in consultation with the Foundation. As
provided in this section, an amount of the fee collected shall be
deposited in the Piedmont Public Schools Education Foundation
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License Plate Revolving Fund created in Section 1104.28 of this
title;
72. The Pride of Oklahoma License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the University of Oklahoma Marching Band and shall be designed in
consultation with the University of Oklahoma Marching Band. Service
Oklahoma shall be authorized to enter into a licensing agreement
with the University of Oklahoma or the University of Oklahoma
Marching Band for any licensing fees which may be required in order
to use the applicable logo or design. The licensing agreement shall
provide for a payment to the Pride of Oklahoma Fund at the
University of Oklahoma Foundation, Inc. of not more than Twenty
Dollars ($20.00) for each license plate issued;
73. Jenks Trojans License Plate - such plates shall be designed
and issued to any person wishing to demonstrate support for the
Jenks School District. The license plates shall be designed in
consultation with the administration of the Jenks School District.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Jenks School District for any licensing fees
which may be required in order to use the school district’s logo or
design. The licensing agreement shall provide for a payment to the
Jenks School District of not more than Twenty Dollars ($20.00) for
each license plate issued;
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74. Bixby Spartans License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the Bixby School District. The license plates shall be designed in
consultation with the administration of the Bixby School District.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Bixby School District for any licensing fees
which may be required in order to use the school district’s logo or
design. The licensing agreement shall provide for a payment to the
Bixby School District of not more than Twenty Dollars ($20.00) for
each license plate issued;
75. Oklahoma Aeronautics Commission License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Oklahoma aviation industry and to promote awareness
of aviation and aerospace. Such plates shall be designed in
consultation with the Oklahoma Aeronautics Commission and shall be
issued to any person in any combination of numbers and letters from
one to a maximum of seven, as for personalized license plates.
Twenty-four Dollars ($24.00) of the fee collected shall be deposited
in the Oklahoma Aeronautics Commission Revolving Fund, for
expenditure as provided in Section 91 of Title 3 of the Oklahoma
Statutes;
76. Ducks Unlimited License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
Ducks Unlimited. Such plates shall be designed in consultation with
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Ducks Unlimited. Service Oklahoma shall be authorized to enter into
a licensing agreement with Ducks Unlimited for any licensing fee
which may be required in order to use the Ducks Unlimited logo or
design. The licensing agreement shall provide for a payment to
Ducks Unlimited of not more than Twenty Dollars ($20.00) for each
license plate issued;
77. Prisoner of War and Missing in Action License Plate - such
plates shall be issued to any person wishing to increase awareness
of those who are currently prisoners of war or missing in action and
provide financial support for current veterans. The license plates
shall be designed in consultation with Rolling Thunder Oklahoma. As
provided in this section, an amount of the fee collected shall be
deposited in the Prisoner of War and Missing in Action License Plate
Revolving Fund created in Section 1104.29 of this title;
78. Woodward Boomers License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Woodward School District. The license plates shall be designed
in consultation with the administration of the Woodward School
District. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Woodward School District for any
licensing fees which may be required in order to use the school
district’s logo or design. The licensing agreement shall provide
for a payment to the Woodward School District of not more than
Twenty Dollars ($20.00) for each license plate issued;
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79. Clinton Public School Foundation License Plate – such
plates shall be designed and issued to any person wishing to
demonstrate support for the Clinton Public School Foundation. The
license plates shall be designed in consultation with the Clinton
Public School Foundation. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Clinton Public School
Foundation for any licensing fees which may be required in order to
use the school foundation’s logo or design. The licensing agreement
shall provide for a payment to the Clinton Public School Foundation
of not more than Twenty Dollars ($20.00) for each license plate
issued;
80. Navajo School Foundation License Plate – such plates shall
be issued to any person wishing to demonstrate support for the
Navajo School Foundation. The license plates shall be designed in
consultation with the administration of the Navajo School
Foundation. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Navajo School Foundation for any
licensing fees which may be required in order to use the
Foundation’s logo or design. The licensing agreement shall provide
for a payment to the Navajo School Foundation of not more than
Twenty Dollars ($20.00) for each license plate issued;
81. Oklahoma Music Hall of Fame Inc. License Plate – such
plates shall be designed in consultation with the Oklahoma Music
Hall of Fame Inc. and issued to any member of the organization
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wishing to demonstrate support. Service Oklahoma shall be
authorized to enter into a licensing agreement with the Oklahoma
Music Hall of Fame Inc. for any licensing fees which may be required
in order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the Oklahoma Music Hall of
Fame Inc. of not more than Twenty Dollars ($20.00) for each license
plate issued. The plates shall incorporate a numbering system
agreed upon by the Oklahoma Music Hall of Fame Inc. and Service
Oklahoma. Subject to the provisions of subsection A of this
section, the Oklahoma Music Hall of Fame Inc. License Plate is
hereby reauthorized effective November 1, 2019;
82. Techlahoma Foundation License Plate – such plates shall be
issued to any person wishing to provide financial support for the
Techlahoma Foundation. The license plate shall be designed in
consultation with the Techlahoma Foundation. The plate shall be
issued to any person in any combination of numbers and letters from
one to a maximum of seven, as for personalized license plates.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Techlahoma Foundation for any licensing fees,
which may be required in order to use the association’s logo or
design. The licensing agreement shall provide for a payment to the
Techlahoma Foundation of not more than Twenty Dollars ($20.00) for
each license plate issued;
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83. Bethany Public Schools Foundation License Plate – such
plates shall be issued to any person wishing to demonstrate support
for the Bethany Public Schools Foundation. The license plates shall
be designed in consultation with the administration of the Bethany
Public Schools Foundation. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Bethany Public Schools
Foundation for any licensing fees which may be required in order to
use the Foundation’s logo or design. The licensing agreement shall
provide for a payment to the Bethany Public Schools Foundation of
not more than Twenty Dollars ($20.00) for each license plate issued;
84. Cystic Fibrosis Foundation License Plate – such plates
shall be issued to any person wishing to demonstrate support for the
Cystic Fibrosis Foundation. The license plates shall be designed in
consultation with the administration of the Cystic Fibrosis
Foundation. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Cystic Fibrosis Foundation for any
licensing fees which may be required in order to use the
Foundation’s logo or design. The licensing agreement shall provide
for a payment to the Cystic Fibrosis Foundation of not more than
Twenty Dollars ($20.00) for each license plate issued;
85. Down Syndrome Association of Central Oklahoma License Plate
- such plates shall be designed and issued to any person wishing to
demonstrate support for the Down Syndrome Association of Central
Oklahoma. Such plates shall be designed in consultation with the
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Association. As provided in this section, an amount of the fee
collected shall be deposited in the Down Syndrome Association of
Central Oklahoma License Plate Revolving Fund created in Section
1104.30 of this title;
86. Elk City Education Foundation License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Elk City Education Foundation. Such plates shall be
designed in consultation with the Foundation. As provided in this
section, an amount of the fee collected shall be deposited in the
Elk City Education Foundation License Plate Revolving Fund created
in Section 1104.31 of this title;
87. A Brotherhood Aiming Toward Education of Oklahoma (ABATE)
License Plate – such plates shall be designed and issued to any
person wishing to provide financial support for ABATE of Oklahoma.
Such plates shall be designed in consultation with ABATE of
Oklahoma. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of seven,
as for personalized plates. The license plate for a motorcycle may
be of similar design as space permits or a new design in order to
meet the space requirements of a motorcycle license plate. Service
Oklahoma shall be authorized to enter into a licensing agreement
with ABATE of Oklahoma for any licensing fees which may be required
in order to use the ABATE of Oklahoma logo or design. The licensing
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agreement shall provide for a payment to ABATE of Oklahoma of not
more than Twenty Dollars ($20.00) for each license plate issued;
88. Downed Bikers Association License Plate - such plates shall
be designed for a vehicle or motorcycle in any combination of
numbers and letters from one to a maximum of seven, as for
personalized license plates, and issued to any person wishing to
demonstrate support for the Downed Bikers Association, a nonprofit
charitable organization exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), which provides emotional and financial support for downed
bikers. The license plate shall be designed in consultation with
the Central Oklahoma Chapter of the Downed Bikers Association and
shall contain any official logo or design of the organization. The
license plate for a motorcycle may be of similar design as space
permits or a new design in order to meet the space requirements of a
motorcycle license plate. Service Oklahoma, if necessary, may enter
into a licensing agreement with the Downed Bikers Association for
any licensing fees which may be required in order to use the
organization’s logo or design. The licensing agreement shall
provide for a payment to the Downed Bikers Association of not more
than Twenty Dollars ($20.00) for each license plate;
89. Eagle Scout License Plate – such plates shall be designed
to demonstrate support for Eagle Scouts and shall include the Eagle
Scout logo. Plates may be issued to any person who can show proof
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of having obtained the rank of Eagle Scout. Service Oklahoma shall
be authorized to enter into a licensing agreement with the various
Oklahoma local councils for any licensing fees which may be required
in order to use the applicable logo or design. The licensing
agreement shall provide for a payment of not more than Twenty
Dollars ($20.00) for each license plate issued to the specific
Oklahoma local area Council designated by the applicant;
90. Extraordinary Educators License Plate – such plates shall
be designed and issued to any person wishing to provide financial
support for common education in Oklahoma. Such plates shall be
designed in consultation with the State Department of Education.
The plates shall be issued to any person in any combination of
numbers and letters from one to a maximum of seven, as for
personalized license plates. As provided in this section, an amount
of the fee collected shall be deposited in the Extraordinary
Educators License Plate Revolving Fund created in Section 1104.32 of
this title;
91. Former Oklahoma Legislator License Plate - such plates
shall be designed and issued to any person who previously served as
a member of the Oklahoma House of Representatives or Oklahoma State
Senate. The license plates shall be designed in consultation with
the Oklahoma Historical Society. As provided in this section, an
amount of the fee collected shall be deposited in the Oklahoma
Historical Society Capital Improvement and Operations Revolving Fund
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created in Section 1.10a of Title 53 of the Oklahoma Statutes.
Service Oklahoma shall create and maintain a list of former members
of the Oklahoma House of Representatives and Oklahoma State Senate
eligible to be issued such plates; provided, that no former member
of the Oklahoma House of Representatives and Oklahoma State Senate
shall be eligible to possess more than two of such plates at any one
time. Service Oklahoma shall confer as needed with the Chief Clerk
of the Oklahoma House of Representatives and the Secretary of the
Oklahoma State Senate to confirm that such list is complete and
accurate;
92. Monarch Butterfly License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the operations of the Nature Conservancy of Oklahoma. Such plates
shall be designed in consultation with the Oklahoma Chapter of the
Nature Conservancy. Service Oklahoma shall be authorized to enter
into a licensing agreement with the Nature Conservancy of Oklahoma
for any licensing fees which may be required in order to use the
foundation’s logo or design. The plates shall be issued to any
person in any combination of numbers and letters from one to a
maximum of seven, as for personalized license plates. The licensing
agreement shall provide for a payment to the Nature Conservancy of
Oklahoma of not more than Twenty Dollars ($20.00) for each license
plate issued;
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93. Oklahoma Tennis Foundation License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Oklahoma Tennis Foundation. The license plates
shall be designed in consultation with the Oklahoma Tennis
Foundation. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Oklahoma Tennis Foundation for any
licensing fees which may be required in order to use the
foundation’s logo or design. The licensing agreement shall provide
for a payment to the Oklahoma Tennis Foundation of not more than
Twenty Dollars ($20.00) for each license plate issued;
94. Oklahoma Veterans of Foreign Wars License Plate - such
plates shall be designed to honor the Oklahoma Veterans of Foreign
Wars and shall be issued to any resident of this state upon proof of
membership in the Oklahoma Veterans of Foreign Wars organization.
The license plates shall be designed in consultation with the
Oklahoma Veterans of Foreign Wars organization. Service Oklahoma
shall be authorized to enter into a licensing agreement with the
Oklahoma Veterans of Foreign Wars organization for any licensing
fees which may be required in order to use the organization’s logo
or design. The licensing agreement shall provide for a payment to
the Oklahoma Veterans of Foreign Wars organization of not more than
Twenty Dollars ($20.00) for each license plate issued. Service
Oklahoma shall reinstate any Veterans of Foreign Wars license plates
issued prior to November 1, 2021, and shall reimburse any individual
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who held a Veterans of Foreign Wars License Plate on October 31,
2021, for fees incurred for the replacement of such plate;
95. Oklahoma Women Veterans Organization License Plate – such
plates shall be designed and issued to any female veteran of any
branch of the United States Armed Forces wishing to demonstrate
support for the Oklahoma Women Veterans Organization. The license
plates shall be designed in consultation with the Oklahoma Women
Veterans Organization. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Oklahoma Women Veterans
Organization for any licensing fees which may be required in order
to use the organization’s logo or design. The licensing agreement
shall provide for a payment to the Oklahoma Women Veterans
Organization of not more than Twenty Dollars ($20.00) for each
license plate issued;
96. FIRST (For Inspiration and Recognition of Science and
Technology) License Plate - such plates shall be issued to any
person wishing to demonstrate support for FIRST Robotics Programs.
The license plates shall be designed in consultation with the
administration of FIRST. Service Oklahoma shall be authorized to
enter into a licensing agreement with FIRST for any licensing fees
which may be required in order to use the FIRST logo or design. The
licensing agreement shall provide for a payment to FIRST of not more
than Twenty Dollars ($20.00) for each license plate issued;
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97. Pittsburg State University License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Pittsburg State University. The license plates
shall be designed in consultation with Pittsburg State University.
Service Oklahoma shall be authorized to enter into a licensing
agreement with Pittsburg State University for any licensing fees
which may be required in order to use the school foundation’s logo
or design. The licensing agreement shall provide for a payment to
the Pittsburg State University of not more than Twenty Dollars
($20.00) for each license plate issued;
98. Historic Greenwood District License Plate – such plates
shall be issued to persons wishing to demonstrate support for the
Historic Greenwood District Juneteenth Festival held in the Historic
Greenwood District in Tulsa, Oklahoma. The plates shall be issued
to any person in any combination of numbers and letters from one to
a maximum of seven, as for personalized license plates. The license
plates shall be designed in consultation with the Black Wall Street
Chamber of Commerce. Service Oklahoma shall be authorized to enter
into a licensing agreement with the Historic Greenwood District
Juneteenth Festival for any licensing fees which may be required in
order to use the Festival’s logo or design. For each license plate
issued, the licensing agreement shall provide for a payment of
Twenty-five Dollars ($25.00) of the fee collected to the Historic
Greenwood District Juneteenth Festival and an additional Two Dollars
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($2.00) of the fee collected shall be deposited in the Public School
Classroom Support Revolving Fund, for expenditure as provided in
Section 1-123 of Title 70 of the Oklahoma Statutes;
99. Oklahoma Veterans of Foreign Wars Auxiliary License Plate -
such plates shall be designed to honor the Oklahoma Veterans of
Foreign Wars Auxiliary and issued to any resident of this state upon
proof of membership in the Oklahoma Veterans of Foreign Wars
Auxiliary organization in this state. The license plates shall be
designed in consultation with the Oklahoma Veterans of Foreign Wars
Auxiliary organization. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Oklahoma Veterans of
Foreign Wars Auxiliary organization for any licensing fees which may
be required in order to use the organization’s logo or design. The
licensing agreement shall provide for a payment to the Oklahoma
Veterans of Foreign Wars Auxiliary organization of not more than
Twenty Dollars ($20.00) for each license plate issued;
100. Transportation to Transportation License Plate – such
plates shall be designed and issued to persons wishing to support
county roads and bridges. The license plates shall be designed in
consultation with the Association of County Commissioners of
Oklahoma. Twenty Dollars ($20.00) of the fee collected shall be
paid to the county treasurer for the county in which the license
plate was purchased to be credited to the County Highway Fund
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created pursuant to Section 1503 of Title 69 of the Oklahoma
Statutes;
101. Blue Star Mothers License Plate – such plates shall be
designed and issued to any person showing proof of membership in an
Oklahoma Chapter of Blue Star Mothers of America, Inc. The license
plates shall be designed in consultation with Blue Star Mothers of
America, Inc., Oklahoma Chapter One. Service Oklahoma shall be
authorized to enter into a licensing agreement with Blue Star
Mothers of America, Inc., Oklahoma Chapter One for any licensing
fees which may be required in order to use the Blue Star Mothers of
America logo or design. The licensing agreement shall provide for a
payment to Blue Star Mothers of America, Inc., Oklahoma Chapter One
of not more than Twenty Dollars ($20.00) for each license plate
issued;
102. Stillwater Public Schools License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Stillwater School District. The license plates
shall be designed in consultation with the administration of the
Stillwater School District. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Stillwater School District
for any licensing fees which may be required in order to use the
school district’s logo or design. The licensing agreement shall
provide for a payment to the Stillwater School District of not more
than Twenty Dollars ($20.00) for each license plate issued;
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103. Oklahoma Golf License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the sport of golf in Oklahoma. The license plates shall be designed
in consultation with the South Central Section of the Professional
Golfers’ Association of America and issued to any person wishing to
demonstrate support for the sport of golf in Oklahoma. Service
Oklahoma shall be authorized to enter into a licensing agreement
with the South Central Section of the Professional Golfers’
Association of America for any licensing fees which may be required
in order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the South Central Section
of the Professional Golfers’ Association of America of not more than
Twenty Dollars ($20.00) for each license plate issued;
104. Paramedic License Plate - such plates shall be designed
and issued to any person who is a paramedic. Such persons may apply
for a paramedic license plate for each vehicle with a rated carrying
capacity of one (1) ton or less or a motorcycle upon proof of a
paramedic license. The license plates shall be designed in
consultation with the Oklahoma State University-Oklahoma City
Paramedicine Program and the Oklahoma Emergency Medical Technicians
Association. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Oklahoma Emergency Medical Technicians
Association for any licensing fees which may be required in order to
use the Association’s logo or design. The licensing agreement shall
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provide for deposit to The letters “PM” shall be placed on the plate
followed by four random numbers, or such numbers as requested by
such persons applying for the plate. Twenty Dollars ($20.00) of the
fees collected shall be deposited in the Emergency Medical Personnel
Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63
of the Oklahoma Statutes of not more than Twenty Dollars ($20.00)
for each license plate issued. Subject to the provisions of
subsection A of this section, the Paramedic License Plate is hereby
reauthorized effective November 1, 2022;
105. National Defense Service Medal License Plate – such plates
shall be designed and issued to those persons who have received the
National Defense Service Medal and wish to demonstrate support for
the Oklahoma Department of Veterans Affairs. The license plates
shall be designed in consultation with the Oklahoma Department of
Veterans Affairs. Service Oklahoma shall be authorized to enter
into a licensing agreement with the Oklahoma Department of Veterans
Affairs for any licensing fees which may be required in order to use
the Department’s logo or design. The licensing agreement shall
provide for a payment to the Oklahoma Department of Veterans Affairs
of not more than Twenty Dollars ($20.00) for each license plate
issued;
106. University of Oklahoma RUF/NEKS License Plate – such
plates shall be designed and issued to any past or present member of
the University of Oklahoma RUF/NEKS upon providing proof of
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membership in the organization as may be required by Service
Oklahoma. The license plates shall be designed in consultation with
the University of Oklahoma RUF/NEKS. Service Oklahoma shall be
authorized to enter into a licensing agreement with the University
of Oklahoma RUF/NEKS for any licensing fees which may be required in
order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the University of Oklahoma
RUF/NEKS Scholarship Fund of not more than Twenty Dollars ($20.00)
for each license plate issued;
107. Tulsa Community College License Plate – such plates shall
be issued to persons wishing to support Tulsa Community College.
The plates shall be designed in consultation with Tulsa Community
College. Service Oklahoma shall be authorized to enter into a
licensing agreement with Tulsa Community College for any licensing
fees which may be required in order to use the organization’s logo
or design. The licensing agreement shall provide for a payment to
Tulsa Community College of not more than Twenty Dollars ($20.00) for
each license plate issued;
108. Guthrie Street Kings License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Guthrie Street Kings. The license plates shall be designed in
consultation with the Guthrie Street Kings. Service Oklahoma shall
be authorized to enter into a licensing agreement with the Guthrie
Street Kings for any licensing fees which may be required in order
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to use the organization’s logo or design. The licensing agreement
shall provide for a payment to the Guthrie Street Kings of not more
than Twenty Dollars ($20.00) for each license plate issued;
109. Epilepsy Foundation License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Epilepsy Foundation. The license plates shall be designed in
consultation with the Epilepsy Foundation of Oklahoma. Service
Oklahoma shall be authorized to enter into licensing agreements with
the Epilepsy Foundation for any licensing fees which may be required
in order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the Epilepsy Foundation of
not more than Twenty Dollars ($20.00) for each license plate issued;
and
110. America First License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the proclamation of “America First”. The license plates shall be
designed in consultation with Warriors for Freedom and the Honoring
America’s Warriors Foundations. Service Oklahoma shall be
authorized to enter into licensing agreements with the Warriors for
Freedom and Honoring America’s Warriors Foundations for any
licensing fees which may be required in order to use the
Foundations’ logos or designs. The licensing agreements shall
provide for a payment to the Honoring America’s Warriors Foundation
of not more than Ten Dollars ($10.00) and a payment to the Warriors
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for Freedom Foundation of not more than Ten Dollars ($10.00) for
each license plate issued;
111. Diabetes Awareness License Plate – such plates shall be
designed and issued to any person wishing to provide financial
support for Diabetes Solutions of Oklahoma. The license plates
shall be designed in consultation with Diabetes Solutions of
Oklahoma. Service Oklahoma shall be authorized to enter into
licensing agreements with Diabetes Solutions of Oklahoma for any
licensing fees which may be required in order to use the Diabetes
Solutions of Oklahoma logos or designs. The licensing agreements
shall provide for a deposit to the Diabetes Awareness License Plate
Revolving Fund established in Section 1104.33 of this title;
112. Alliance of Mental Health Providers of Oklahoma License
Plate – such plates shall be designed and issued to any person
wishing to demonstrate support for the Alliance of Mental Health
Providers of Oklahoma. The license plates shall be designed in
consultation with the Alliance of Mental Health Providers of
Oklahoma. Service Oklahoma shall be authorized to enter into
licensing agreements with the Alliance of Mental Health Providers of
Oklahoma for any licensing fees which may be required in order to
use the organization’s logo or design. The licensing agreement
shall provide for a payment to the Alliance of Mental Health
Providers of Oklahoma of not more than Twenty Dollars ($20.00) for
each license plate issued; and
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113. Stillwater Public Schools License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Stillwater school district. The license plates
shall be designed in consultation with the administration of the
Stillwater school district. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Stillwater school district
for any licensing fees which may be required in order to use the
school district’s logo or design. The licensing agreement shall
provide for a payment to the Stillwater school district of not more
than Twenty Dollars ($20.00) for each license plate issued.
C. The fee for such plates shall be Thirty-five Dollars
($35.00) per year of renewal and shall be in addition to all other
registration fees provided by the Oklahoma Vehicle License and
Registration Act. The fee shall be apportioned as follows:
1. Twenty Dollars ($20.00) per year of renewal or any other
amount as provided in this title of the fee shall be apportioned as
provided or deposited in a fund as specified within the paragraph
authorizing the special license plate;
2. Eight Dollars ($8.00) per year of renewal of the fee shall
be deposited in the Oklahoma Tax Commission Reimbursement Fund to be
used for the administration of the Oklahoma Vehicle License and
Registration Act. Beginning January 1, 2023, Eight Dollars ($8.00)
per year of renewal of the fee shall be deposited in the Service
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Oklahoma Reimbursement Fund to be used for the administration of the
Oklahoma Vehicle License and Registration Act; and
3. Any remaining amounts of the fee shall be apportioned as
provided in Section 1104 of this title.
SECTION 65. REPEALER 47 O.S. 2021, Section 1135.5, as
amended by Section 4, Chapter 143, O.S.L. 2021, is hereby repealed.
SECTION 66. REPEALER 47 O.S. 2021, Section 1135.5, as
amended by Section 6, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 67. REPEALER 47 O.S. 2021, Section 1135.5, as
amended by Section 7, Chapter 276, O.S.L. 2021, is hereby repealed.
SECTION 68. REPEALER 47 O.S. 2021, Section 1135.5, as
last amended by Section 3, Chapter 397, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.5), is hereby repealed.
SECTION 69. REPEALER 47 O.S. 2021, Section 1135.6, as
amended by Section 7, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 70. AMENDATORY 47 O.S. 2021, Section 1135.7, as
amended by Section 166, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.7), is amended to read as follows:
Section 1135.7. A. Service Oklahoma or a private vendor with
whom Service Oklahoma has contracted is authorized to design and
issue special license plates to any person that applies to Service
Oklahoma or a private vendor for the creation of a special license
plate and meets the minimum standards and qualifications specified
in this section.
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B. If the following standards and guidelines are satisfied,
Service Oklahoma shall authorize the issuance of a special license
plate to the person making application for the special license
plate:
1. The license plate is to:
a.
show membership in or affiliation with an
organization, or
b.
demonstrate support for an organization, group or
cause;
2. The license plate does not advertise or endorse a product,
brand or service that is provided for sale;
3. The license plate does not promote any philosophy based on
prejudice or that is contrary to state civil rights laws; and
4. Two hundred prepaid applications for the special license
plate are received by Service Oklahoma or a private vendor.
C. The fee for special license plates shall be determined in
accordance with Section 1135.9 of this title. If the special
license plate does not provide financial assistance the fee shall be
no less than Fifteen Dollars ($15.00) per year of renewal and shall
be in addition to all other registration fees provided by the
Oklahoma Vehicle License and Registration Act. Unless otherwise
provided in this section, Fifteen Dollars ($15.00) of the fee shall
be apportioned as follows: Eight Dollars ($8.00) of the special
license plate fee shall be deposited in the Oklahoma Tax Commission
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Reimbursement Fund to be used for the administration of the Oklahoma
Vehicle License and Registration Act and the remaining amounts of
the special license plate fee shall be apportioned as provided in
Section 1104 of this title. Beginning January 1, 2023, Eight
Dollars ($8.00) of the special license plate fee shall be deposited
in the Service Oklahoma Reimbursement Fund to be used for the
administration of the Oklahoma Vehicle License and Registration Act
and the remaining amounts of the special license plate fee shall be
apportioned as provided in Section 1104 of this title.
D. For special license plates that provide financial assistance
created pursuant to the provisions of this section, Service Oklahoma
shall be authorized to enter into a licensing agreement with an
organization for any licensing fees that may be required to use the
organization’s logo or design.
E. The fee for special license plates that provide financial
assistance shall be determined in accordance with Section 1135.9 of
this title. Provided, the fee shall be no less than Thirty-five
Dollars ($35.00) and shall be in addition to all other registration
fees provided by the Oklahoma Vehicle License and Registration Act.
Thirty-five Dollars ($35.00) per year of renewal of the fee shall be
apportioned as follows:
1.
a.
Twenty Dollars ($20.00) of the fee shall be
apportioned to the License Plate Special Program
Assistance Revolving Fund created in Section 1135.8 of
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this title to be used in the manner detailed in the
application for the special license plate, except as
provided in subparagraph b of this paragraph.
b.
If Service Oklahoma has entered into a licensing
agreement with an organization for the use of its
design or logo pursuant to Chapter 74 of this title,
an amount to be determined in the licensing agreement,
but not to exceed Twenty Dollars ($20.00) per license
plate issued, shall be transferred monthly to that
organization as payment of licensing fees and no fee
shall be apportioned to the License Plate Special
Program Assistance Revolving Fund;
2. Eight Dollars ($8.00) of the fee shall be deposited in the
Oklahoma Tax Commission Reimbursement Fund to be used for the
administration of the Oklahoma Vehicle License and Registration Act.
Beginning January 1, 2023, Eight Dollars ($8.00) of the fee shall be
deposited in the Service Oklahoma Reimbursement Fund to be used for
the administration of the Oklahoma Vehicle License and Registration
Act; and
3. Any remaining amounts of the fee shall be apportioned as
provided in Section 1104 of this title.
F. Except as otherwise provided in subsection D and
subparagraph b of paragraph 1 of subsection E of this section, if a
person applies for a special license plate that provides financial
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assistance, the application shall designate a state agency to be
responsible for expending the funds generated by the special license
plate and the application shall designate a specific public purpose
for which the funds are to be used. The application shall include
an acknowledgment from the designated state agency of their
agreement with acceptance of the designated funds.
G. Special license plates shall not be transferred to any other
person but shall be removed from the vehicle upon transfer of
ownership and retained. The special license plate may then be used
on another vehicle but only after such other vehicle has been
registered for the current year.
Special license plates shall be renewed each year by Service
Oklahoma or a licensed operator, unless authorized by Service
Oklahoma to be renewed for a period greater than one (1) year.
Service Oklahoma shall notify all persons issued special license
plates of the renewal procedures prior to the expiration of the
special license plate. The notice shall contain all necessary
information and shall contain instructions for the renewal procedure
upon presentation to a t licensed operator or Service Oklahoma. The
license plates shall be issued on a staggered system.
On and after January 1, 2022, if a special license plate is
issued pursuant to this section, any registration fee required for
such plate and the fee required pursuant to Section 1132 of this
title shall be remitted at the same time and subject to a single
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registration period. Service Oklahoma shall determine, by rule, a
method for making required fee and registration period adjustments
if a special license plate is obtained during a twelve-month period
for which registration has already been remitted pursuant to Section
1132 of this title. The combination of fees in a single remittance
shall not alter the apportionment otherwise provided for in this
section.
Service Oklahoma is hereby directed to develop and implement a
system whereby licensed operators are permitted to accept
applications for special license plates authorized under this
section. The licensed operator shall confirm the applicant’s
eligibility, if applicable, collect and deposit any amount
specifically authorized by law, accept and process the necessary
information directly into such system and generate a receipt
accordingly. For performance of these duties, licensed operators
shall retain the fee provided in Section 1141.1 of this title for
registration of a motor vehicle. The licensed operator fees for
acceptance of applications and renewals shall be paid out of the
Oklahoma Tax Commission Reimbursement Fund. Beginning January 1,
2023, the licensed operator fees for acceptance of applications and
renewals shall be paid out of the Service Oklahoma Reimbursement
Fund.
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H. All special plates issued by Service Oklahoma prior to
November 1, 2005, shall not be subject to the requirements and
qualifications outlined in this section.
I. As used in this section, “person” includes an individual,
group, organization or not-for-profit corporation that is recognized
as such by the Internal Revenue Service.
SECTION 71. REPEALER 47 O.S. 2021, Section 1135.7, as
amended by Section 8, Chapter 188, O.S.L. 2021, is hereby repealed.
SECTION 72. REPEALER 47 O.S. 2021, Section 1135.7, as
amended by Section 9, Chapter 276, O.S.L. 2021, is hereby repealed.
SECTION 73. AMENDATORY 47 O.S. 2021, Section 1137.1, as
last amended by Section 22, Chapter 107, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1137.1), is amended to read as follows:
Section 1137.1. A. Except for vehicles, travel trailers or
commercial trailers which display a current Oklahoma license tag,
upon the purchase or transfer of ownership of a used motor vehicle,
travel trailer or commercial trailer, including an out-of-state
purchase or transfer of the same, to a licensed used motor vehicle
dealer, wholesale used motor vehicle dealer, used travel trailer
dealer or used commercial trailer dealer, subsequently referred to
in this section as “dealer”, the dealer shall affix a used dealer’s
plate visible from the rear of the vehicle, travel trailer or
commercial trailer. Such license plate shall expire on December 31
of each year. When the vehicle, travel trailer or commercial
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trailer is parked on the dealer’s licensed place of business, it
shall not be required to have a license plate of any kind affixed.
A dealer shall obtain from the Oklahoma Tax Commission Service
Oklahoma at a cost of Ten Dollars ($10.00) a dealer license plate
for demonstrating, transporting or any other normal business of a
dealer including use by an individual holding a valid salesperson’s
license issued by the Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission. Any dealer who operates a wrecker
or towing service licensed pursuant to Sections 951 through 957 of
this title shall register each wrecker vehicle and display a wrecker
license plate on each vehicle as required by Section 1134.3 of this
title. A dealer may obtain as many additional license plates as may
be desired upon the payment of Ten Dollars ($10.00) for each
additional license plate. Use of the used dealer license plate by a
licensed dealer for other than the purposes as set forth herein
shall constitute grounds for revocation of the dealer’s license.
The Oklahoma Tax Commission Service Oklahoma shall design the
official used dealer license plate to include the used dealer’s
license number issued to him or her each year by the Commission
Service Oklahoma or the Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission.
B. Upon the purchase or transfer of ownership of an out-of-
state used motor vehicle, travel trailer or commercial trailer to a
licensed dealer, the dealer shall make application for an Oklahoma
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certificate of title pursuant to the Oklahoma Vehicle License and
Registration Act, Section 1101 et seq. of this title. Upon receipt
of the Oklahoma certificate of title, the dealer shall follow the
procedure as set forth in subsection A of this section. Provided,
nothing in this title shall be construed as requiring a dealer to
register a used motor vehicle, travel trailer or commercial trailer
purchased in another state which will not be operated or sold in
this state.
C. Upon sale or transfer of ownership of the used motor vehicle
or travel trailer, the dealer shall place upon the reassignment
portion of the certificate of title a tax stamp issued by the county
treasurer of the county in which the dealer has his or her primary
place of business. The tax stamp shall be issued upon payment of a
fee of Three Dollars and fifty cents ($3.50) and shall be in lieu of
the dealer’s ad valorem tax on the inventories of used motor
vehicles or travel trailers but shall not relieve any other property
of the dealer from ad valorem taxation.
D. Upon sale of a used motor vehicle or travel trailer to
another licensed dealer, the selling dealer shall place the tax
stamp required in subsection C of this section upon the certificate
of title. The used dealer license plate or wholesale dealer license
plate shall be removed by the selling dealer. The purchasing dealer
shall, at time of purchase, place his or her dealer license plate on
the used motor vehicle, travel trailer or commercial trailer as
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provided in subsection A of this section; provided, for vehicles,
travel trailers or commercial trailers purchased by a licensed used
dealer at an auction, in lieu of such placement of the dealer
license plate, the auction may provide temporary documentation as
approved by the Director of the Motor Vehicle Division of the
Oklahoma Tax Commission Service Oklahoma for the purpose of
transporting such vehicle to the purchaser’s point of destination.
Such temporary documentation shall be valid for two (2) days
following the date of sale.
E. The purchaser of every used motor vehicle, travel trailer or
commercial trailer, except as otherwise provided by law, shall
obtain registration and title for the vehicle or trailer within
thirty (30) days from the date of purchase of same. It shall be the
responsibility of the selling dealer to place a temporary license
plate, in size similar to the permanent Oklahoma license plate but
of a weatherproof plastic-impregnated substance approved by the
Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing
Commission, upon a used motor vehicle, travel trailer or commercial
trailer when a transaction is completed for the sale of said
vehicle. The temporary license plate under this subsection shall be
placed at the location provided for the permanent motor vehicle
license plate. The temporary license plate shall show the license
number which is issued to the dealer each year by the Oklahoma Tax
Commission Service Oklahoma or the Oklahoma Used Motor Vehicle,
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Dismantler, and Manufactured Housing Commission, the date the used
motor vehicle, travel trailer or commercial trailer was purchased
and the company name of the selling dealer. The Oklahoma Used Motor
Vehicle, Dismantler, and Manufactured Housing Commission is hereby
directed to develop the temporary license plate design to
incorporate these requirements in a manner that will permit law
enforcement personnel to readily identify the dealer license number
and date of the vehicle purchase. The Oklahoma Used Motor Vehicle,
Dismantler, and Manufactured Housing Commission is hereby authorized
to develop additional requirements and parameters as deemed
appropriate to discourage or prevent illegal duplication and use of
the temporary license plate. Such temporary license plate shall be
valid for a period of thirty (30) days from the date of purchase.
Use of the temporary license by a dealer for other than the purposes
set forth herein shall constitute grounds for revocation of the
dealer’s license to conduct business. Purchasers of a commercial
trailer shall affix the temporary license plate to the rear of the
commercial trailer. The purchaser shall display the temporary
license plate for a period not to exceed thirty (30) days or until
registration and title are obtained as provided in this section.
The provisions of this subsection on temporary licenses shall
apply to nonresidents who purchase a used motor vehicle, travel
trailer or commercial trailer within this state that is to be
licensed in another state. The nonresident purchaser shall be
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allowed to operate the vehicle or trailer within the state with a
temporary license plate for a period not to exceed thirty (30) days
from date of purchase. Any nonresident purchaser found to be
operating a used motor vehicle, travel trailer or commercial trailer
within this state after thirty (30) days shall be subject to the
registration fees of this state upon the same terms and conditions
applying to residents of this state.
F. It shall be unlawful for any dealer to procure the
registration and licensing of any used motor vehicle, travel trailer
or commercial trailer sold by the dealer or to act as the agent for
the purchaser in the procurement of the registration and licensing
of the purchaser’s used vehicle, travel trailer or commercial
trailer. A license of any dealer violating the provision of this
section may be revoked.
G. Dealers following the procedure set forth herein shall not
be required to register vehicles, travel trailers or commercial
trailers to which this section applies, nor will the registration
fee otherwise required be assessed. Provided, dealers shall not
purchase or trade for a used motor vehicle, travel trailer or
commercial trailer on which the registration therefor has been
expired for a period exceeding thirty (30) days without obtaining
current registration therefor.
H. A nonprofit charitable organization which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
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U.S.C., Section 501(c)(3), and which accepts donations of used motor
vehicles previously titled in Oklahoma to be subsequently
transferred to another owner, upon the qualifying organization
providing sufficient documentation of its tax-exempt status, may
obtain from the Oklahoma Tax Commission Service Oklahoma charitable
nonprofit organization license plates for demonstrating,
transporting or test-driving donated vehicles, provided that no
organization shall possess or use at any one time more than eight
such plates. The Tax Commission Service Oklahoma shall design
distinctive license plates for that purpose. The cost for said
plates shall be the same as provided in subsection A of this section
for dealer plates.
I. The transfer of ownership from the vehicle donor to the
qualifying nonprofit organization described in subsection H of this
section shall be made without the payment of motor vehicle excise
tax levied pursuant to Section 2103 of Title 68 of the Oklahoma
Statutes.
SECTION 74. REPEALER 47 O.S. 2021, Section 1137.1, as
last amended by Section 170, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1137.1), is hereby repealed.
SECTION 75. REPEALER 47 O.S. 2021, Section 1141.1, as
last amended by Section 16, Chapter 228, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1141.1), is hereby repealed.
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SECTION 76. AMENDATORY 47 O.S. 2021, Section 1151, as
last amended by Section 189, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1151), is amended to read as follows:
Section 1151. A. It shall be unlawful for any person to commit
any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by,
one not entitled thereto any certificate of title, license plate or
decal issued to or in the custody of the person so lending or
permitting the use thereof;
2. To alter or in any manner change a certificate of title,
registration certificate, license plate or decal issued under the
laws of this or any other state;
3. To procure from another state or country, or display upon
any vehicle owned by such person within this state, except as
otherwise provided in the Oklahoma Vehicle License and Registration
Act, any license plate issued by any state or country other than
this state, unless there shall be displayed upon such vehicle at all
times the current license plate and decal assigned to it by Service
Oklahoma or the Corporation Commission or the vehicle shall display
evidence that the vehicle is registered as a nonresident vehicle
pursuant to rules promulgated by Service Oklahoma, with the
concurrence of the Department of Public Safety. A violation of the
provisions of this paragraph shall be presumed to have occurred if a
person who is the holder of an Oklahoma driver license operates a
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vehicle owned by such person on the public roads or highways of this
state and there is not displayed on the vehicle a current Oklahoma
license plate and decal, unless the vehicle is owned by a member of
the Armed Forces of the United States assigned to duty in this state
in compliance with official military or naval orders or the spouse
of such a member of the Armed Forces;
4. To drive, operate or move, or for the owner to cause or
permit to be driven or moved, upon the roads, streets or highways of
this state, any vehicle loaded in excess of its registered laden
weight, or which is licensed for a capacity less than the
manufacturer’s rated capacity as provided for in the Oklahoma
Vehicle License and Registration Act;
5. To operate a vehicle without proper license plate or decal
or on which all taxes due the state have not been paid. No citation
may be issued by any state, county or municipal law enforcement
officer during the thirty-day one-month period immediately
succeeding the last day of the month during which a vehicle
registration should have been renewed and a current license plate
decal obtained and displayed on the license plate of the vehicle;
6. To buy, sell or dispose of, or possess for sale, use or
storage, any secondhand or used vehicle on which the registration or
license fee has not been paid, as required by law, and on which
vehicle the person neglects, fails or refuses to display at all
times the license plate or decal assigned to it;
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7. To give a fictitious name or fictitious address or make any
misstatement of facts in application for certificate of title and
registration of a vehicle;
8. To purchase a license plate on an assigned certificate of
title. This particular paragraph shall be applicable to all persons
except a bona fide registered dealer in used cars who are holders of
a current and valid used car dealer license;
9. To operate a vehicle upon the highways of this state after
the registration deadline for that vehicle without a proper license
plate, as prescribed by the Oklahoma Vehicle License and
Registration Act, for the current year;
10. For any owner of a vehicle registered on the basis of laden
weight to fail or refuse to weigh or reweigh it when requested to do
so by any enforcement officer charged with the duty of enforcing
this law;
11. To operate or possess any vehicle which bears a motor
number or serial number other than the original number placed
thereon by the factory except a number duly assigned and authorized
by the state;
12. For any licensed operator to release a license plate, a
manufactured home registration receipt, decal or excise tax receipt
to any unauthorized person or source including any dealer in new or
used motor vehicles. Violation of this paragraph shall constitute
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sufficient grounds for discharge of a licensed operator by Service
Oklahoma;
13. To operate any vehicle registered as a commercial vehicle
without the lettering requirements of Section 1102 of this title; or
14. To operate any vehicle in violation of the provisions of
Sections 7-600 through 7-606 of this title while displaying a yearly
decal issued to the owner who has filed an affidavit with the
appropriate licensed operator in accordance with Section 7-607 of
this title.
Any person convicted of violating any provision of this
subsection, other than paragraph 3 of this subsection, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine not to exceed Five Hundred Dollars ($500.00). Any person
convicted of violating the provisions of paragraph 3 of this
subsection shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than One Hundred
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00)
and shall be required to obtain an Oklahoma license plate.
Employees of the Corporation Commission may be authorized by the
Corporation Commission to issue citations to motor carriers or
operators of commercial motor vehicles, pursuant to the jurisdiction
of the Corporation Commission, for a violation of this subsection.
If a person convicted of violating the provisions of this subsection
was issued a citation by a duly authorized employee of the
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Corporation Commission, the fine herein levied shall be apportioned
as provided in Section 1167 of this title.
B. Except as otherwise authorized by law, it shall be unlawful
to:
1. Lend or sell to, or knowingly permit the use of by, one not
entitled thereto any certificate of title issued for a manufactured
home, manufactured home registration receipt, manufactured home
registration decal or excise tax receipt;
2. Alter or in any manner change a certificate of title issued
for a manufactured home under the laws of this state or any other
state;
3. Remove or alter a manufactured home registration receipt,
manufactured home registration decal or excise tax receipt attached
to a certificate of title or attach such receipts to a certificate
of title with the intent to misrepresent the payment of the required
excise tax and registration fees;
4. Buy, sell or dispose of, or possess for sale, use or storage
any used manufactured home on which the registration fees or excise
taxes have not been paid as required by law; or
5. Purchase identification, manufactured home registration
receipt, manufactured home registration decal or excise tax receipt
on an assigned certificate of title.
Anyone violating the provisions of this subsection, upon
conviction, shall be guilty of a felony.
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C. In the event a new vehicle is not registered within thirty
(30) days from date of purchase, the penalty for the failure of the
owner of the vehicle to register the vehicle within thirty (30) days
shall be One Dollar ($1.00) per day; provided, that in no event
shall the penalty exceed One Hundred Dollars ($100.00). No penalty
shall be waived by Service Oklahoma or any licensed operator except
as provided in subsection C of Section 1127 of this title. Of each
dollar penalty collected pursuant to this subsection:
1. Twenty-one cents ($0.21) shall be apportioned as provided in
Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the licensed
operator; and
3. Fifty-eight cents ($0.58) shall be deposited in the General
Revenue Fund. The penalty for new commercial vehicles shall be
equal to the license fee for such vehicles.
If a used vehicle is brought into Oklahoma by a resident of this
state and is not registered within thirty (30) days, a penalty of
One Dollar ($1.00) per day shall be charged from the date of entry
to the date of registration; provided, that in no event shall the
penalty exceed One Hundred Dollars ($100.00). No penalty shall be
waived by Service Oklahoma or any licensed operator except as
provided in subsection C of Section 1127 of this title. Of each
dollar penalty collected pursuant to this subsection:
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1. Twenty-one cents ($0.21) shall be apportioned as provided in
Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the licensed
operator; and
3. Fifty-eight cents ($0.58) shall be deposited in the General
Revenue Fund. The penalty for used commercial vehicles shall be
equal to the license fee for such vehicles.
D. Any owner who knowingly makes or causes to be made any false
statement of a fact required in this section to be shown in an
application for the registration of one or more vehicles shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined
not more than One Thousand Dollars ($1,000.00), or shall be
imprisoned in the county jail for not more than one (1) year, or by
both such fine and imprisonment.
E. The following self-propelled or motor-driven and operated
vehicles shall not be registered under the provisions of the
Oklahoma Vehicle License and Registration Act or, except as provided
for in Section 11-1116 of this title, be permitted to be operated on
the streets or highways of this state:
1. Vehicles known and commonly referred to as “minibikes” and
other similar trade names; provided, minibikes may be registered and
operated in this state by food vendor services upon streets having a
speed limit of thirty (30) miles per hour or less;
2. Golf carts;
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3. Go-carts; and
4. Other motor vehicles, except motorcycles, which are
manufactured principally for use off the streets and highways.
Transfers and sales of such vehicles shall be subject to sales
tax and not motor vehicle excise taxes.
F. Any person violating paragraph 3 or 6 of subsection A of
this section, in addition to the penal provisions provided in this
section, shall pay as additional penalty a sum equal to the amount
of license fees due on such vehicle or registration fees due on a
manufactured home known to be in violation and such amount is hereby
declared to be a lien upon the vehicle as provided in the Oklahoma
Vehicle License and Registration Act. In addition to the penalty
provisions provided in this section, any person violating paragraph
3 of subsection A of this section shall be deemed guilty of a
misdemeanor and shall, upon conviction, be punished by a fine of One
Hundred Dollars ($100.00).
G. Each violation of any provision of the Oklahoma Vehicle
License and Registration Act for each and every day such violation
has occurred shall constitute a separate offense.
H. Anyone violating any of the provisions heretofore enumerated
in this section shall be guilty of a misdemeanor and upon conviction
shall be fined not less than Ten Dollars ($10.00) and not to exceed
Three Hundred Dollars ($300.00).
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I. Any violation of any portion of the Oklahoma Vehicle License
and Registration Act where a specific penalty has not been imposed
shall constitute a misdemeanor and upon conviction thereof the
person having violated it shall be fined not less than Ten Dollars
($10.00) and not to exceed Three Hundred Dollars ($300.00).
J. Any provision of the Oklahoma Vehicle License and
Registration Act providing for proportional registration under
reciprocal agreements and the International Registration Plan that
relates to the promulgation of rules and regulations shall not be
subject to the provisions of this section.
SECTION 77. REPEALER 47 O.S. 2021, Section 1151, as last
amended by Section 2, Chapter 221, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 1151), is hereby repealed.
SECTION 78. AMENDATORY 51 O.S. 2021, Section 152, as
last amended by Section 18, Chapter 228, O.S.L. 2022 (51 O.S. Supp.
2022, Section 152), is amended to read as follows:
Section 152. As used in The Governmental Tort Claims Act:
1. “Action” means a proceeding in a court of competent
jurisdiction by which one party brings a suit against another;
2. “Agency” means any board, commission, committee, department
or other instrumentality or entity designated to act in behalf of
the state or a political subdivision;
3. “Charitable health care provider” means a person who is
licensed, certified, or otherwise authorized by the laws of this
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state to administer health care in the ordinary course of business
or the practice of a profession and who provides care to a medically
indigent person, as defined in paragraph 9 of this section, with no
expectation of or acceptance of compensation of any kind;
4. “Claim” means any written demand presented by a claimant or
the claimant’s authorized representative in accordance with the
Governmental Tort Claims Act to recover money from the state or
political subdivision as compensation for an act or omission of a
political subdivision or the state or an employee;
5. “Claimant” means the person or the person’s authorized
representative who files notice of a claim in accordance with The
Governmental Tort Claims Act. Only the following persons and no
others may be claimants:
a.
any person holding an interest in real or personal
property which suffers a loss, provided that the claim
of the person shall be aggregated with claims of all
other persons holding an interest in the property and
the claims of all other persons which are derivative
of the loss, and that multiple claimants shall be
considered a single claimant,
b.
the individual actually involved in the accident or
occurrence who suffers a loss, provided that the
individual shall aggregate in the claim the losses of
all other persons which are derivative of the loss, or
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c.
in the case of death, an administrator, special
administrator or a personal representative who shall
aggregate in the claim all losses of all persons which
are derivative of the death;
6. “Community health care provider” means:
a.
a health care provider who volunteers services at a
community health center that has been deemed by the
U.S. Department of Health and Human Services as a
federally qualified health center as defined by 42
U.S.C., Section 1396d(l)(2)(B),
b.
a health provider who provides services to an
organization that has been deemed a federally
qualified look-alike community health center, and
c.
a health care provider who provides services to a
community health center that has made application to
the U.S. Department of Health and Human Services for
approval and deeming as a federally qualified look-
alike community health center in compliance with
federal application guidance, and has received
comments from the U.S. Department of Health and Human
Services as to the status of such application with the
established intent of resubmitting a modified
application, or, if denied, a new application, no
later than six (6) months from the date of the
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official notification from the U.S. Department of
Health and Human Services requiring resubmission of a
new application;
7. “Employee” means any person who is authorized to act in
behalf of a political subdivision or the state whether that person
is acting on a permanent or temporary basis, with or without being
compensated or on a full-time or part-time basis.
a.
Employee also includes:
(1) all elected or appointed officers, members of
governing bodies and other persons designated to
act for an agency or political subdivision, but
the term does not mean a person or other legal
entity while acting in the capacity of an
independent contractor or an employee of an
independent contractor,
(2) from September 1, 1991, through June 30, 1996,
licensed physicians, licensed osteopathic
physicians and certified nurse-midwives providing
prenatal, delivery or infant care services to
State Department of Health clients pursuant to a
contract entered into with the State Department
of Health in accordance with paragraph 3 of
subsection B of Section 1-106 of Title 63 of the
Oklahoma Statutes but only insofar as services
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authorized by and in conformity with the terms of
the contract and the requirements of Section 1-
233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter
when performing duties for a fire department
provided for in subparagraph j of paragraph 11 of
this section.
b.
For the purpose purposes of The Governmental Tort
Claims Act, the following are employees of this state,
regardless of the place in this state where duties as
employees are performed:
(1) physicians acting in an administrative capacity,
(2) resident physicians and resident interns
participating in a graduate medical education
program of the University of Oklahoma Health
Sciences Center, the College of Osteopathic
Medicine of Oklahoma State University, or the
Department of Mental Health and Substance Abuse
Services,
(3) faculty members and staff of the University of
Oklahoma Health Sciences Center and the College
of Osteopathic Medicine of Oklahoma State
University, while engaged in teaching duties,
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(4) physicians who practice medicine or act in an
administrative capacity as an employee of an
agency of the State of Oklahoma,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Department of
Corrections,
(6) any person who is licensed to practice medicine
pursuant to Title 59 of the Oklahoma Statutes,
who is under an administrative professional
services contract with the Oklahoma Health Care
Authority under the auspices of the Oklahoma
Health Care Authority Chief Medical Officer, and
who is limited to performing administrative
duties such as professional guidance for medical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health Care Authority,
only while acting within the scope of such
contract,
(7) licensed medical professionals under contract
with city, county, or state entities who provide
medical care to inmates or detainees in the
custody or control of law enforcement agencies,
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(8) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are conducting initial
examinations of individuals for the purpose of
determining whether an individual meets the
criteria for emergency detention as part of a
contract with the Department of Mental Health and
Substance Abuse Services, and
(9) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment services
under a professional services contract with the
Department of Mental Health and Substance Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and physician staff of the
University of Oklahoma Health Sciences Center and the
College of Osteopathic Medicine of Oklahoma State
University not acting in an administrative capacity or
engaged in teaching duties are not employees or agents
of the state.
c.
For the purposes of The Governmental Tort Claims Act,
employee shall include independent contractors and
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employees of independent contractors while actively
engaged in the transport of individuals in need of
initial assessment, emergency detention, or protective
custody as authorized by Section 1-110 of Title 43A of
the Oklahoma Statutes.
d.
Except as provided in subparagraph b of this
paragraph, in no event shall the state be held liable
for the tortious conduct of any physician, resident
physician or intern while practicing medicine or
providing medical treatment to patients.
d. e. For purposes of The Governmental Tort Claims Act,
members of the state military forces on state active
duty orders or on Title 32 active duty orders are
employees of this state, regardless of the place,
within or outside this state, where their duties as
employees are performed;
8. “Loss” means death or injury to the body or rights of a
person or damage to real or personal property or rights therein;
9. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person who has no public or private third-
party coverage, and whose personal resources are insufficient to
provide for needed health care;
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10. “Municipality” means any incorporated city or town, and all
institutions, agencies or instrumentalities of a municipality;
11. “Political subdivision” means:
a.
a municipality,
b.
a school district, including, but not limited to, a
technology center school district established pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes,
c.
a county,
d.
a public trust where the sole beneficiary or
beneficiaries are a city, town, school district or
county. For purposes of The Governmental Tort Claims
Act, a public trust shall include:
(1) a municipal hospital created pursuant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county hospital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public trust created pursuant to
Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes and managed by a governing
board appointed or elected by the municipality,
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county, or both, who exercises control of the
hospital, subject to the approval of the
governing body of the municipality, county, or
both,
(2) a public trust created pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospital in this state that
serves as a teaching hospital for a medical
residency program provided by a college of
osteopathic medicine and provides care to
indigent persons, and
(3) a corporation in which all of the capital stock
is owned, or a limited liability company in which
all of the member interest is owned, by a public
trust,
e.
for the purposes of The Governmental Tort Claims Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authority
Authorities Act,
f.
for the purposes of The Governmental Tort Claims Act
only, corporations organized not for profit pursuant
to the provisions of the Oklahoma General Corporation
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Act for the primary purpose of developing and
providing rural water supply and sewage disposal
facilities to serve rural residents,
g.
for the purposes of The Governmental Tort Claims Act
only, districts formed pursuant to the Rural Water,
Sewer, Gas and Solid Waste Management Districts Act,
h.
for the purposes of The Governmental Tort Claims Act
only, master conservancy districts formed pursuant to
the Conservancy Act of Oklahoma,
i.
for the purposes of The Governmental Tort Claims Act
only, a fire protection district created pursuant to
the provisions of Section 901.1 et seq. of Title 19 of
the Oklahoma Statutes,
j.
for the purposes of The Governmental Tort Claims Act
only, a benevolent or charitable corporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Section 592
et seq. of Title 18 of the Oklahoma Statutes,
k.
for purposes of The Governmental Tort Claims Act only,
an Emergency Services Provider rendering services
within the boundaries of a Supplemental Emergency
Services District pursuant to an existing contract
between the Emergency Services Provider and the State
Department of Health. Provided, however, that the
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acquisition of commercial liability insurance covering
the activities of such Emergency Services Provider
performed within the State of Oklahoma this state
shall not operate as a waiver of any of the
limitations, immunities or defenses provided for
political subdivisions pursuant to the terms of The
Governmental Tort Claims Act,
l.
for purposes of The Governmental Tort Claims Act only,
a conservation district created pursuant to the
provisions of the Conservation District Act,
m.
for purposes of The Governmental Tort Claims Act,
districts formed pursuant to the Oklahoma Irrigation
District Act,
n.
for purposes of The Governmental Tort Claims Act only,
any community action agency established pursuant to
Sections 5035 through 5040 of Title 74 of the Oklahoma
Statutes,
o.
for purposes of The Governmental Tort Claims Act only,
any organization that is designated as a youth
services agency, pursuant to Section 2-7-306 of Title
10A of the Oklahoma Statutes,
p.
for purposes of The Governmental Tort Claims Act only,
any judge presiding over a drug court, as defined by
Section 471.1 of Title 22 of the Oklahoma Statutes,
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q.
for purposes of The Governmental Tort Claims Act only,
any child-placing agency licensed by this state to
place children in foster family homes,
r.
for purposes of The Governmental Tort Claims Act only,
a circuit engineering district created pursuant to
Section 687.1 of Title 69 of the Oklahoma Statutes,
s.
for purposes of the Governmental Tort Claims Act only,
a substate planning district, regional council of
government or other entity created pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes, and
t.
for purposes of The Governmental Tort Claims Act only,
a regional transportation authority created pursuant
to Section 1370.7 of Title 68 of the Oklahoma Statutes
including its contract operator and any railroad
operating in interstate commerce that sells a property
interest or provides services to a regional
transportation authority or allows the authority to
use the property or tracks of the railroad for the
provision of public passenger rail service to the
extent claims against the contract operator or
railroad arise out of or are related to or in
connection with such property interest, services or
operation of the public passenger rail service.
Provided, the acquisition of commercial liability
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insurance to cover the activities of the regional
transportation authority, contract operator or
railroad shall not operate as a waiver of any
liabilities, immunities or defenses provided pursuant
to the provisions of the Governmental Tort Claims Act,
and all their institutions, instrumentalities or agencies;
12. “Scope of employment” means performance by an employee
acting in good faith within the duties of the employee’s office or
employment or of tasks lawfully assigned by a competent authority
including the operation or use of an agency vehicle or equipment
with actual or implied consent of the supervisor of the employee,
but shall not include corruption or fraud;
13. “State” means the State of Oklahoma or any office,
department, agency, authority, commission, board, institution,
hospital, college, university, public trust created pursuant to
Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof;
14. “State active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
15. “State military forces” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
16. “Title 32 active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes; and
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17. “Tort” means a legal wrong, independent of contract,
involving violation of a duty imposed by general law, statute, the
Constitution of the State of Oklahoma, or otherwise, resulting in a
loss to any person, association or corporation as the proximate
result of an act or omission of a political subdivision or the state
or an employee acting within the scope of employment; provided,
however, a tort shall not include a claim for inverse condemnation.
SECTION 79. REPEALER 51 O.S. 2021, Section 152, as last
amended by Section 1, Chapter 183, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 152), is hereby repealed.
SECTION 80. AMENDATORY 51 O.S. 2021, Section 255, as
last amended by Section 12, Chapter 321, O.S.L. 2022 (51 O.S. Supp.
2022, Section 255), is amended to read as follows:
Section 255. A. Nothing in this act shall be construed to:
1. Authorize any government entity to substantially burden any
religious belief;
2. Authorize same-sex marriages, unions, or the equivalent
thereof; or
3. Affect, interpret, or in any way address those portions of
Article I, Section 2 and Article II, Section 5 of the Constitution
of the State of Oklahoma, the Oklahoma Religious Freedom Act, or the
First Amendment to the Constitution of the United States that
prohibit laws respecting the establishment of religion.
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B. Granting governmental funds, benefits, or exemptions to the
extent permissible under paragraph 3 of subsection A of this section
shall not constitute a violation of this section. As used in this
subsection, “granting government funds, benefits, or exemptions”
shall not include the denial of government funding, benefits, or
exemptions. This provision does not in and of itself require
vouchers.
C. A civil action brought under Section 5 1-745.55 of this act
Title 63 of the Oklahoma Statutes shall not be subject to any
provision of the Oklahoma Religious Freedom Act.
SECTION 81. REPEALER 51 O.S. 2021, Section 255, as last
amended by Section 16, Chapter 190, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 255), is hereby repealed.
SECTION 82. AMENDATORY 59 O.S. 2021, Section 15.1A, as
last amended by Section 1, Chapter 26, O.S.L. 2022 (59 O.S. Supp.
2022, Section 15.1A), is amended to read as follows:
Section 15.1A. As used in the Oklahoma Accountancy Act:
1. “Accountancy” means the profession or practice of
accounting;
2. “AICPA” means the American Institute of Certified Public
Accountants;
3. “Applicant” means an individual or entity that has made
application to the Board for a certificate or permit and said
application has not been approved;
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4. “Assurance” means independent professional services that
improve the quality of information, or its context, for decision
makers;
5. “Attest” means providing the following services:
a.
any audit or other engagement to be performed in
accordance with the Statements on Auditing Standards
(SAS),
b.
any review of a financial statement to be performed in
accordance with the Statements on Standards for
Accounting and Review Services (SSARS),
c.
any engagement performed in accordance with the
Statements on Standards for Attestation Engagements
(SSAE), and
d.
any engagement to be performed in accordance with the
Auditing Standards of the Public Company Accounting
Oversight Board (PCAOB).
The statements on standards specified in this definition shall
be adopted by reference by the Board pursuant to rulemaking and
shall be those developed for general application by recognized
national accountancy organizations, such as the AICPA, IFAC and the
PCAOB;
6. “Audit” can only be performed by an individual or entity who
is registered with the Board and holding a valid permit issued
pursuant to the Oklahoma Accountancy Act, or an individual granted
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practice privileges under Section 15.12A of this title, and means a
systematic investigation or appraisal of information, procedures, or
operations performed in accordance with generally accepted auditing
standards in the United States, for the purpose of determining
conformity with established criteria and communicating the results
to interested parties;
7. “Board” means the Oklahoma Accountancy Board;
8. “Candidate” means an individual who has been qualified and
approved by the Board to take the examination for a certificate;
9. “Certificate” means the Oklahoma document issued by the
Board to a candidate upon successful completion of the certified
public accountant examination designating the holder as a certified
public accountant pursuant to the laws of Oklahoma. “Certificate”
shall also mean the Oklahoma document issued by reciprocity to an
individual who has previously been certified in another
jurisdiction;
10. “Certified public accountant” means any person who has
received a certificate from the Board or other jurisdictions;
11. “Client” means the individual or entity which retains a
registrant, an individual granted practice privileges under Section
15.12A of this title, or a firm exempt from the permit and
registration requirements under Section 15.15C of this title to
perform professional services;
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12. “Compilation” when used with reference to financial
statements, means presenting information in the form of financial
statements which is the representation of management or owners
without undertaking to express any assurance on the statements;
13. “CPA” or “C.P.A.” means certified public accountant;
14. “Designated manager” means the Oklahoma certified public
accountant or public accountant appointed by the firm partners or
shareholders to be responsible for the administration of the office;
15. “Designee” means the National Association of State Boards
of Accountancy (NASBA) or other entities so designated by the Board;
16. “Entity” means an organization whether for profit or not,
recognized by this state to conduct business;
17. “Examination” means the test sections of Auditing and
Attestation, Business Environment and Concepts, Financial Accounting
and Reporting, and Regulation or their successors, administered,
supervised, and graded by, or at the direction of, the Board or
other jurisdiction that is required for a certificate as a certified
public accountant all or any part of the Uniform Certified Public
Accountant Examination developed and scored by the American
Institute of Certified Public Accountants as approved or designated
by the Board;
18. “Executive director” means the chief administrative officer
of the Board;
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19. “Financial statements” means statements and footnotes
related thereto that undertake to present an actual or anticipated
financial position as of a point in time, or results of operations,
cash flow, or changes in financial position for a period of time, in
conformity with generally accepted accounting principles or another
comprehensive basis of accounting. The term does not include
incidental financial data included in management advisory service
reports to support recommendations to a client; nor does it include
tax returns and supporting schedules;
20. “Firm” means an entity that is either a sole
proprietorship, partnership, professional limited liability company,
professional limited liability partnership, limited liability
partnership or professional corporation, or any other professional
form of organization organized under the laws of this state or the
laws of another jurisdiction and issued a permit in accordance with
Section 15.15A of this title or exempt from the permit requirement
under Section 15.15C of this title including individual partners or
shareholders, that is engaged in accountancy;
21. “Holding out” means any representation by an individual
that he or she holds a certificate or license and a valid permit, or
by an entity that it holds a valid permit. Any such representation
is presumed to invite the public to rely upon the professional
skills implied by the certificate or license and valid permit in
connection with the services or products offered;
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22. “Home office” means the location specified by the client as
the address to which a service described in Section 15.12A of this
title is directed;
23. “IFAC” means the International Federation of Accountants;
24. “Individual” means a human being;
25. “Jurisdiction” means any state or territory of the United
States and the District of Columbia;
26. “License” means the Oklahoma document issued by the Board
to a candidate upon successful completion of the public accountant
examination designating the holder as a public accountant pursuant
to the laws of this state. “License” shall also mean the Oklahoma
document issued by the Board by reciprocity to a public accountant
who has previously been licensed by examination in another
jurisdiction;
27. “Management advisory services”, also known as “management
consulting services”, “management services”, “business advisory
services” or other similar designation, hereinafter collectively
referred to as “MAS”, means the function of providing advice and/or
technical assistance, performed in accordance with standards for MAS
engagements and MAS consultations such as those issued by the
American Institute of Certified Public Accountants, where the
primary purpose is to help the client improve the use of its
capabilities and resources to achieve its objectives including but
not limited to:
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a.
counseling management in analysis, planning,
organizing, operating, risk management and controlling
functions,
b.
conducting special studies, preparing recommendations,
proposing plans and programs, and providing advice and
technical assistance in their implementation,
c.
reviewing and suggesting improvement of policies,
procedures, systems, methods, and organization
relationships, and
d.
introducing new ideas, concepts, and methods to
management.
MAS shall not include recommendations and comments prepared as a
direct result of observations made while performing an audit,
review, or compilation of financial statements or while providing
tax services including tax consultations;
28. “NASBA” means the National Association of State Boards of
Accountancy;
29. “PA” or “P.A.” means public accountant;
30. “Partnership” means a contractual relationship based upon a
written, oral, or implied agreement between two or more individuals
who combine their resources and activities in a joint enterprise and
share in varying degrees and by specific agreement in the management
and in the profits or losses. A partnership may be general or
limited as the laws of this state define those terms;
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31. “PCAOB” means the Public Company Accounting Oversight
Board;
32. “Peer Review” means a review performed pursuant to a set of
peer review rules established by the Board. The term “peer review”
also encompasses the term “quality review”;
33. “Permit” means the written authority granted annually by
the Board to individuals or firms to practice public accounting in
this state, which is issued pursuant to the Oklahoma Accountancy
Act;
34. a.
“Practice of public accounting”, also known as
“practice public accounting”, “practice” and “practice
accounting”, refers to the activities of a registrant,
an individual granted practice privileges under
Section 15.12A of this title, or a firm exempt from
the permit and registration requirements under Section
15.15C of this title in reference to accountancy. An
individual or firm shall be deemed to be engaged in
the practice of public accounting if the individual or
firm holds itself out to the public in any manner as
one skilled in the knowledge, science, and practice of
accounting and auditing, taxation and management
advisory services and is qualified to render such
professional services as a certified public accountant
or public accountant, and performs the following:
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(1) maintains an office for the transaction of
business as a certified public accountant or
public accountant,
(2) offers to prospective clients to perform or who
does perform on behalf of clients professional
services that involve or require an audit,
verification, investigation, certification,
presentation, or review of financial transactions
and accounting records or an attestation
concerning any other written assertion,
(3) prepares or certifies for clients reports on
audits or investigations of books or records of
account, balance sheets, and other financial,
accounting and related schedules, exhibits,
statements, or reports which are to be used for
publication or for the purpose of obtaining
credit, or for filing with a court of law or with
any governmental agency, or for any other
purpose,
(4) generally or incidentally to the work described
herein, renders professional services to clients
in any or all matters relating to accounting
procedure and to the recording, presentation, or
certification of financial information or data,
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(5) keeps books, or prepares trial balances,
financial statements, or reports, all as a part
of bookkeeping services for clients,
(6) prepares or signs as the tax preparer, tax
returns for clients, consults with clients on tax
matters, conducts studies for clients on tax
matters and prepares reports for clients on tax
matters, unless the services are uncompensated
and are limited solely to the registrant’s, or
the registrant’s spouse’s lineal and collateral
heirs,
(7) prepares personal financial or investment plans
or provides to clients products or services of
others in implementation of personal financial or
investment plans, or
(8) provides management advisory services to clients.
b.
Except for an individual granted practice privileges
under Section 15.12A of this title or a firm exempt
from the permit and registration requirements under
Section 15.15C of this title, an individual or firm
not holding a certificate, license or permit shall not
be deemed to be engaged in the practice of public
accounting if the individual or firm does not hold
itself out, solicit, or advertise for clients using
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the certified public accountant or public accountant
designation and engages only in the following
services:
(1) keeps books, or prepares trial balances,
financial statements, or reports, provided such
instruments do not use the terms “audit”,
“audited”, “exam”, “examined”, “review” or
“reviewed” or are not exhibited as having been
prepared by a certified public accountant or
public accountant. Except for an individual
granted practice privileges under Section 15.12A
of this title or a firm exempt from the permit
and registration requirements under Section
15.15C of this title, nonregistrants may use the
following disclaimer language in connection with
financial statements and be in compliance with
the Oklahoma Accountancy Act: “I (we) have not
audited, examined or reviewed the accompanying
financial statements and accordingly do not
express an opinion or any other form of assurance
on them.”,
(2) prepares or signs as the tax preparer, tax
returns for clients, consults with clients on tax
matters, conducts studies for clients on tax
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matters and prepares reports for clients on tax
matters,
(3) prepares personal financial or investment plans
or provides to clients products or services of
others in implementation of personal financial or
investment plans, or
(4) provides management advisory services to clients.
c.
Only permit holders, individuals granted practice
privileges under Section 15.12A of this title, or
firms exempt from the permit and registration
requirements under Section 15.15C of this title may
render or offer to render any attest service, as
defined herein, or issue a report on financial
statements which purport to be in compliance with the
Statements on Standards for Accounting and Review
Services (SSARS). This restriction shall not prohibit
any act of a public official or public employee in the
performance of that person’s duties. This restriction
shall not be construed to prohibit the performance by
any unlicensed individual of other services as set out
in subparagraph b of this paragraph.
d.
A person is not deemed to be practicing public
accounting within the meaning of this section solely
by displaying an Oklahoma CPA certificate or a PA
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license in an office, identifying himself or herself
as a CPA or PA on letterhead or business cards, or
identifying himself or herself as a CPA or PA.
However, the designation of CPA or PA on such
letterheads, business cards, public signs,
advertisements, publications directed to clients or
potential clients, financial or tax documents of a
client, performance of any attest service or issuance
of a report constitutes the practice of public
accounting and requires a permit, practice privileges
under Section 15.12A of this title, or an exemption
from the permit and registration requirements under
Section 15.15C of this title;
35. “Preissuance review” means a review preformed pursuant to a
set of procedures that include review of engagement document,
report, and clients’ financial statements in order to permit the
reviewer to assess compliance with all applicable professional
standards;
36. “Principal place of business” means the office location
designated by the licensee for the purposes of substantial
equivalency and reciprocity;
37. “Professional corporation” means a corporation organized
pursuant to the laws of this state;
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38. “Professional” means arising out of or related to the
specialized knowledge or skills associated with CPAs or PAs;
39. “Public accountant” means any individual who has received a
license from the Board;
40. “Public interest” means the collective well-being of the
community of people and institutions the profession serves;
41. “Qualification applicant” means an individual who has made
application to the Board to qualify to become a candidate for
examination;
42. “Registrant” means a CPA, PA, or firm composed of certified
public accountants or public accountants or combination of both
currently registered with the Board pursuant to the authority of the
Oklahoma Accountancy Act;
43. “Report”, when used with reference to any attest or
compilation service, means an opinion, report or other form of
language that states or implies assurance as to the reliability of
the attested information or complied financial statements, and that
also includes or is accompanied by any statement or implication that
the person or firm issuing it has special knowledge or competence in
accounting or auditing. Such a statement or implication of special
knowledge or competence may arise from use by the issuer of the
report of names or titles indicating that the person or firm is an
accountant or auditor, or from the language of the report itself.
The term “report” includes any form of language which disclaims an
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opinion when such form of language is conventionally understood to
imply any positive assurance as to the reliability of the attested
information or compiled financial statements referred to and/or
special competence on the part of the person or firm issuing such
language; and it includes any other form of language that is
conventionally understood to imply such assurance and/or such
special knowledge or competence. This definition is not intended to
include a report prepared by a person not holding a certificate or
license or not granted practice privileges under Section 15.12A of
this title. However, such report shall not refer to “audit”,
“audited”, “exam”, “examined”, “review” or “reviewed”, nor use the
language “in accordance with standards established by the American
Institute of Certified Public Accountants” or successor of said
entity, or governmental agency approved by the Board, except for the
Internal Revenue Service. Except for an individual granted practice
privileges under Section 15.12A of this title or a firm exempt from
the permit and registration requirements under Section 15.15C of
this title, nonregistrants may use the following disclaimer language
in connection with financial statements not to be in violation of
the Oklahoma Accountancy Act: “I (we) have not audited, examined,
or reviewed the accompanying financial statements and accordingly do
not express an opinion or any other form of assurance on them.”;
44. “Representation” means any oral or written communication
including but not limited to the use of title or legends on
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letterheads, business cards, office doors, advertisements, and
listings conveying the fact that an individual or entity holds a
certificate, license or permit;
45. “Review”, when used with reference to financial statements,
means a registrant or an individual granted practice privileges
under Section 15.12A of this title, or a firm exempt from the permit
and registration requirements under Section 15.15C of this title
performing inquiry and analytical procedures that provide the
registrant with a reasonable basis for expressing limited assurance
that there are no material modifications that should be made to the
statements in order for them to be in conformity with generally
accepted accounting principles or, if applicable, with another
comprehensive basis of accounting; and
46. “Substantial equivalency” is a determination by the
Oklahoma Accountancy Board or its designee that:
a.
the education, examination and experience requirements
contained in the statutes and administrative rules of
another jurisdiction are comparable to, or exceed, the
education, examination and experience requirements
contained in the AICPA/NASBA Uniform Accountancy Act,
or
b.
that an individual certified public accountant’s or
public accountant’s education, examination and
experience qualifications are comparable to or exceed
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the education, examination and experience requirements
contained in the Oklahoma Accountancy Act and rules of
the Board.
In ascertaining substantial equivalency as used in the Oklahoma
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the education, examination and experience requirements
contained in the Oklahoma Accountancy Act and rules of
the Board.
In ascertaining substantial equivalency as used in the Oklahoma
Accountancy Act, the Board or its designee shall take into account
the qualifications without regard to the sequence in which
experience, education, or examination requirements were attained.
SECTION 83. REPEALER 59 O.S. 2021, Section 15.1A, as
last amended by Section 1, Chapter 22, O.S.L. 2022 (59 O.S. Supp.
2022, Section 15.1A), is hereby repealed.
SECTION 84. AMENDATORY 61 O.S. 2021, Section 60, as last
amended by Section 6, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2022,
Section 60), is amended to read as follows:
Section 60. All state agencies, boards, commissions, offices,
institutions, and other governmental bodies of this state, and all
individuals representing such entities, except the Department of
Transportation, the Oklahoma Turnpike Authority, the Oklahoma State
Regents for Higher Education and its constituent institutions, and
the Commissioners of the Land Office, the Oklahoma Municipal Power
Authority, shall use construction manager, consultant and
construction contract forms that the Director of the Office of
Management and Enterprise Services requires to award and execute
contracts for designs to construct, renovate, alter, repair,
maintain, or improve real property or fixtures of real property of
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the state. The Director may authorize, in writing, exceptions to
the use of construction manager, consultant and construction
contract forms for specific projects.
SECTION 85. REPEALER 61 O.S. 2021, Section 60, as last
amended by Section 1, Chapter 223, O.S.L. 2022 (61 O.S. Supp. 2022,
Section 60), is hereby repealed.
SECTION 86. AMENDATORY 61 O.S. 2021, Section 202, as
last amended by Section 28, Chapter 238, O.S.L. 2022 (61 O.S. Supp.
2022, Section 202), is amended to read as follows:
Section 202. As used in the Public Facilities Act:
1. “Annual capital plan” means the collective state facility
capital improvements, facility operations and maintenance, rent and
lease payments, facility debt services, water, sewer and energy
utilities and real property transactions approved by the Legislature
in a capital budget relative to state construction, maintenance, and
real estate services;
2. “Capital planning and asset management” means the processes
for real property data acquisition, data analysis and determination
of capital construction projects and procurement related to real
property;
3. “Construction” means the process of planning, acquiring,
designing, building, equipping, altering, repairing, improving,
maintaining, leasing, disposing or demolishing any structure or
appurtenance thereto including facilities, utilities, or other
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improvements to any real property but not including highways,
bridges, airports, railroads, tunnels, sewers not related to a
structure or appurtenance thereto, or dams;
4. “Construction administration” means a series of actions
required of the Office of Management and Enterprise Services or
other state agency employees, or, under a construction
administration contract or contract provision, to ensure the full,
timely, and proper performance of all phases of a construction
project by all contractors, suppliers, and other persons having
responsibility for project work and any guarantees or warranties
pertaining thereto;
5. “Construction management” means a project delivery method
based on an agreement whereby the owner acquires from a construction
entity a series of services that include, but are not necessarily
limited to, design review, scheduling, cost control, value
engineering, constructability evaluation, preparation and
coordination of bid packages, and construction administration;
“construction management” includes:
a.
“agency construction management” whereby the
construction entity provides services to the owner
without taking on financial risks for the execution of
the actual construction or time of performance, and
the owner contracts directly with those awarded trade
contracts for the work, and
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b.
“at-risk construction management” whereby the
construction entity, after providing agency services
during the pre-construction period:
(1) takes on the financial obligation to timely carry
out construction under a specified cost
agreement, and
(2) enters into written subcontracts for the work in
accordance with the construction management
procedures for state agencies;
6. “Consultant” means an individual or legal entity possessing
the qualifications to provide licensed architectural, registered
engineering, registered land surveying, certified appraisal, land
title, or abstract services or possessing specialized credentials
and qualifications as may be needed to evaluate, plan or design for
any construction or public work improvement project, or to lease,
acquire or dispose of state-owned real property;
7. “Energy performance index or indices” (EPI) means a number
describing the energy requirements at the building boundary of a
structure, per square foot of floor space or per cubic foot of
occupied volume, as appropriate under defined internal and external
ambient conditions over an entire seasonal cycle. As experience
develops on the energy performance achieved with state construction,
the indices (EPI) will serve as a measure of structure performance
with respect to energy consumption;
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8. “Life cycle costs” means the cost of owning, operating, and
maintaining the structure over the life of the structure. This may
be expressed as an annual cost for each year of the facility’s use;
9. “Office” means the Office of Management and Enterprise
Services;
10. “Procurement” means buying, purchasing, renting, leasing,
allocating, trading or otherwise acquiring or disposing of supplies,
services, or construction necessary to evaluate, plan, construct,
manage, operate and preserve real property capital assets;
11. “Public improvement” means any beneficial or valuable
change or addition, betterment, enhancement or amelioration of or
upon any real property, or interest therein, belonging to a state
agency and the State of Oklahoma, intended to enhance its value,
beauty or utility or to adapt it to new or further purposes. The
term does not include the direct purchase of materials used for
general repairs and maintenance to state facilities;
12. “Shared savings financing” means the financing of energy
conservation measures and maintenance services through a private
firm which may own any purchased equipment for the duration of a
contract. Such contract shall specify that the private firm will be
recompensed either out of a negotiated portion of the savings
resulting from the conservation measures and maintenance services
provided by the private firm or, in the case of a cogeneration
project, through the payment of a rate for energy lower than would
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otherwise have been paid for the same energy from current sources;
and
13. “State agency” means an agency, board, commission, counsel,
court, office, officer, bureau, institution, unit, division, body,
or house of the executive or judicial branches of government of this
state, whether elected or appointed, excluding only political
subdivisions, the Oklahoma State Regents for Higher Education and
its constituent institutions, the Oklahoma Municipal Power
Authority, and the Commissioners of the Land Office.
SECTION 87. REPEALER 61 O.S. 2021, Section 202, as last
amended by Section 3, Chapter 223, O.S.L. 2022 (61 O.S. Supp. 2022,
Section 202), is hereby repealed.
SECTION 88. AMENDATORY 62 O.S. 2021, Section 3103, as
last amended by Section 1, Chapter 255, O.S.L. 2022 (62 O.S. Supp.
2022, Section 3103), is amended to read as follows:
Section 3103. As used in the Oklahoma Pension Legislation
Actuarial Analysis Act:
1. “Amendment” means any amendment including a substitute bill,
made to a retirement bill by any committee of the House or Senate,
any conference committee of the House or Senate or by the House or
Senate;
2. “RB number” means that number preceded by the letters “RB”
assigned to a retirement bill by the respective staffs of the
Oklahoma State Senate and the Oklahoma House of Representatives when
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the respective staff office prepares a retirement bill for a member
of the Legislature;
3. “Legislative Actuary” means the firm or entity that enters
into a contract with the Legislative Service Bureau pursuant to
Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
actuarial services and other duties provided for in the Oklahoma
Pension Legislation Actuarial Analysis Act;
4. “Nonfiscal amendment” means an amendment to a retirement
bill having a fiscal impact, which amendment does not change any
factor of an actuarial investigation specified in subsection A of
Section 3109 of this title;
5. “Nonfiscal retirement bill” means a retirement bill:
a.
which does not affect the cost or funding factors of a
retirement system,
b.
which affects such factors only in a manner which does
not:
(1) grant a benefit increase under the retirement
system affected by the bill,
(2) create an actuarial accrued liability for or
increase the actuarial accrued liability of the
retirement system affected by the bill, or
(3) increase the normal cost of the retirement system
affected by the bill,
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c.
which authorizes the purchase by an active member of
the retirement system, at the actuarial cost for the
purchase as computed pursuant to the statute in effect
on the effective date of the measure allowing such
purchase, of years of service for purposes of reaching
a normal retirement date in the applicable retirement
system, but which cannot be used in order to compute
the number of years of service for purposes of
computing the retirement benefit for the member,
d.
which provides for the computation of a service-
connected disability retirement benefit for members of
the Oklahoma Law Enforcement Retirement System
pursuant to Section 2-305 of Title 47 of the Oklahoma
Statutes if the members were unable to complete twenty
(20) years of service as a result of the disability,
e.
which requires membership in the defined benefit plan
authorized by Section 901 et seq. of Title 74 of the
Oklahoma Statutes for persons whose first elected or
appointed service occurs on or after November 1, 2018,
if such persons had any prior service in the Oklahoma
Public Employees Retirement System prior to November
1, 2015,
f.
which provides for a one-time increase in retirement
benefits if the increase in retirement benefits is not
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a permanent increase in the gross annual retirement
benefit payable to a member or beneficiary, occurs
only once pursuant to a single statutory authorization
and does not exceed:
(1) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Dollars ($1,000.00) and requires that
the benefit may only be provided if the funded
ratio of the affected retirement system would not
be less than sixty percent (60%) but not greater
than eighty percent (80%) after the benefit
increase is paid,
(2) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Two Hundred Dollars ($1,200.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than eighty percent (80%)
but not greater than one hundred percent (100%)
after the benefit increase is paid,
(3) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Four Hundred Dollars ($1,400.00) and
requires that the benefit may only be provided if
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the funded ratio of the affected retirement
system would be greater than one hundred percent
(100%) after the benefit increase is paid, or
(4) the greater of two percent (2%) of the gross
annual retirement benefit of the volunteer
firefighter or One Hundred Dollars ($100.00) for
persons who retired from the Oklahoma
Firefighters Pension and Retirement System as
volunteer firefighters and who did not retire
from the Oklahoma Firefighters Pension and
Retirement System as a paid firefighter.
As used in this subparagraph, “funded ratio” means the
figure derived by dividing the actuarial value of
assets of the applicable retirement system by the
actuarial accrued liability of the applicable
retirement system,
g.
which modifies the disability pension standard for
police officers who are members of the Oklahoma Police
Pension and Retirement System as provided by Section
50-115 of Title 11 of the Oklahoma Statutes,
h.
which provides a cost-of-living benefit increase
pursuant to the provisions of:
(1) Section 49-143.7 of Title 11 of the Oklahoma
Statutes,
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(2) Section 50-136.9 of Title 11 of the Oklahoma
Statutes,
(3) Section 1104K of Title 20 of the Oklahoma
Statutes,
(4) Section 2-305.12 of Title 47 of the Oklahoma
Statutes,
(5) Section 17-116.22 of Title 70 of the Oklahoma
Statutes, or
(6) Section 930.11 of Title 74 of the Oklahoma
Statutes, or
i.
which provides for the reinstatement of retirement
benefits for members of the Oklahoma Law Enforcement
Retirement System pursuant to Section 2-305 of Title
47 of the Oklahoma Statutes for those who were hired
on or after November 1, 2012, or May 24, 2013,
j.
which authorizes the purchase of military service
credit as provided in Section 50-128 of Title 11,
Section 1102.2 of Title 20, Section 2-307.4 of Title
47, and Section 913.8 of Title 74 of the Oklahoma
Statutes,
k.
which restores benefits pursuant to Sections 49-100.1,
49-101, 49-101.2, 49-106.1, 49-108, 49-117.1, and 49-
135 of Title 11 of the Oklahoma Statutes,
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l.
which modifies the computation of the line-of-duty
disability benefit pursuant to the provisions of this
act.
A nonfiscal retirement bill shall include any retirement bill that
has as its sole purpose the appropriation or distribution or
redistribution of monies in some manner to a retirement system for
purposes of reducing the unfunded liability of such system or the
earmarking of a portion of the revenue from a tax to a retirement
system or increasing the percentage of the revenue earmarked from a
tax to a retirement system;
6. “Reduction-in-cost amendment” means an amendment to a
retirement bill having a fiscal impact which reduces the cost of the
bill as such cost is determined by the actuarial investigation for
the bill prepared pursuant to Section 3109 of this title;
7. “Retirement bill” means any bill or joint resolution
introduced or any bill or joint resolution amended by a member of
the Oklahoma Legislature which creates or amends any law directly
affecting a retirement system. A retirement bill shall not mean a
bill or resolution that impacts the revenue of any state tax in
which a portion of the revenue generated from such tax is earmarked
for the benefit of a retirement system;
8. “Retirement bill having a fiscal impact” means any
retirement bill creating or establishing a retirement system and any
other retirement bill other than a nonfiscal retirement bill; and
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9. “Retirement system” means the Teachers’ Retirement System of
Oklahoma, the Oklahoma Public Employees Retirement System, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Oklahoma Law Enforcement
Retirement System, or a retirement system established after January
1, 2006.
SECTION 89. REPEALER 62 O.S. 2021, Section 3103, as last
amended by Section 1, Chapter 96, O.S.L. 2022 (62 O.S. Supp. 2022,
Section 3103), is hereby repealed.
SECTION 90. REPEALER 62 O.S. 2021, Section 3103, as last
amended by Section 1, Chapter 232, O.S.L. 2022 (62 O.S. Supp. 2022,
Section 3103), is hereby repealed.
SECTION 91. REPEALER 62 O.S. 2021, Section 3103, as last
amended by Section 1, Chapter 306, O.S.L. 2022 (62 O.S. Supp. 2022,
Section 3103), is hereby repealed.
SECTION 92. AMENDATORY 63 O.S. 2021, Section 1-311, as
last amended by Section 1, Chapter 87, O.S.L. 2022 (63 O.S. Supp.
2022, Section 1-311), is amended to read as follows:
Section 1-311. A. A certificate of birth for each live birth
which occurs in this state shall be filed with the State Registrar
of Vital Statistics, within seven (7) days after the birth.
B. When a birth occurs in an institution, the person in charge
of the institution or a designated representative shall obtain the
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personal data, prepare the certificate and secure the signatures
required by the certificate. The physician in attendance shall
certify to the facts of birth and provide the medical information
required by the certificate within five (5) days after the birth.
C. When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
1. The physician in attendance at or immediately after the
birth;
2. Any other person in attendance at or immediately after the
birth; or
3. The father, the mother or, in the absence or inability of
the father or mother, the person in charge of the premises where the
birth occurred and present at the birth.
D. 1. If the mother was married at the time of birth, or
married at any time during the three hundred (300) calendar days
before the birth, the name of the husband shall be entered on the
certificate as the father of the child unless paternity has been
determined otherwise by a court of competent jurisdiction or a
husband’s denial of paternity form has been filed along with an
affidavit acknowledging paternity, in which case the name of the
father as determined by the court or affidavit acknowledging
paternity shall be entered.
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2. If the mother was not married at the time of birth, nor
married at any time during the three hundred (300) calendar days
before the birth, the name of the father shall be entered on the
certificate of birth only if:
a.
a determination of paternity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in
which case the name of the father shall be entered, or
b.
the mother and father have agreed as to the biological
paternity of the child and signed an acknowledgement
of paternity pursuant to Section 1-311.3 of this
title, or substantially similar affidavit from another
state and filed it with the State Registrar of Vital
Statistics.
This shall give the mother and father equal rights and obligations
to the child. A child whose parentage has been determined as set
forth shall be treated as a child of parents who were married at the
time of the birth.
E. Either of the parents of the child shall sign the
certificate of live birth worksheet to attest to the accuracy of the
personal data entered thereon, in time to permit its filing within
the seven (7) days prescribed in this section.
F. If the live birth results from a process in which the
delivering mother was carrying the child of another woman by way of
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a prearranged legal contract, the original birth certificate shall
be filed with the personal information of the woman who delivered
the child. A new birth certificate will be placed on file once the
State Registrar receives both a court order and a completed form
prescribed by the State Registrar which identifies the various
parties and documents the personal information of the intended
parents necessary to complete the new birth certificate.
G. Beginning on the effective date of this act, the biological
sex designation on a certificate of birth issued under this section
shall be either male or female and shall not be nonbinary or any
symbol representing a nonbinary designation including but not
limited to the letter “X”.
SECTION 93. REPEALER 63 O.S. 2021, Section 1-311, as
last amended by Section 1, Chapter 215, O.S.L. 2022 (63 O.S. Supp.
2022, Section 1-311), is hereby repealed.
SECTION 94. AMENDATORY 63 O.S. 2021, Section 1-317, as
last amended by Section 1, Chapter 184, O.S.L. 2022 (63 O.S. Supp.
2022, Section 1-317), is amended to read as follows:
Section 1-317. A. A death certificate for each death which
occurs in this state shall be filed with the State Department of
Health, within three (3) days after such death.
B. The funeral director shall personally sign the death
certificate and shall be responsible for filing the death
certificate. If the funeral director is not available, the person
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acting as such who first assumes custody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the death certificate. The personal
data shall be obtained from the next of kin or the best qualified
person or source available. The funeral director or person acting
as such shall notify the person providing the personal data that it
is a felony to knowingly provide false data or misrepresent any
person’s relationship to the decedent. The certificate shall be
completed as to personal data and delivered to the attending
physician or the medical examiner responsible for completing the
medical certification portion of the certificate of death within
twenty-four (24) hours after the death. No later than July 1, 2012,
the personal data, and no later than July 1, 2017, the medical
certificate portion, shall be entered into the prescribed electronic
system provided by the State Registrar of Vital Statistics and the
information submitted to the State Registrar of Vital Statistics.
The resultant certificate produced by the electronic system shall be
provided to the physician or medical examiner for medical
certification within twenty-four (24) hours after the death.
C. The medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician,
physician assistant, or advanced practice registered nurse in charge
of the patient’s care for the illness or condition which resulted in
death, except when inquiry as to the cause of death is required by
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Section 938 of this title. No later than July 1, 2017, the medical
certification portion of certificate data shall be entered into the
prescribed electronic system provided by the State Registrar of
Vital Statistics and the information submitted to the State
Registrar of Vital Statistics.
D. In the event that the physician, physician assistant, or
advanced practice registered nurse in charge of the patient’s care
for the illness or condition which resulted in death is not in
attendance at the time of death, the medical certification shall be
completed and signed within forty-eight (48) hours after death by
the physician, physician assistant, or advanced practice registered
nurse in attendance at the time of death, except:
1. When the patient is under hospice care at the time of death,
the medical certification may be signed by the hospice’s medical
director; and
2. When inquiry as to the cause of death is required by Section
938 of this title.
Provided, that such certification, if signed by other than the
attending physician, physician assistant, or advanced practice
registered nurse, shall note on the face the name of the attending
physician, physician assistant, or advanced practice registered
nurse and that the information shown is only as reported.
E. A certifier completing cause of death on a certificate of
death who knows that a lethal drug, overdose or other means of
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assisting suicide within the meaning of Sections 3141.2 through
3141.4 of this title caused or contributed to the death shall list
that means among the chain of events under cause of death or list it
in the box that describes how the injury occurred. If such means is
in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate
“suicide” as the manner of death.
F. The authority of a physician assistant to carry out the
functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
SECTION 95. REPEALER 63 O.S. 2021, Section 1-317, as
last amended by Section 36, Chapter 228, O.S.L. 2022 (63 O.S. Supp.
2022, Section 1-317), is hereby repealed.
SECTION 96. AMENDATORY 63 O.S. 2021, Section 427.3, as
last amended by Section 8, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.3), is amended to read as follows:
Section 427.3. A. There is hereby created the Oklahoma Medical
Marijuana Authority which shall address issues related to the
medical marijuana program in this state including, but not limited
to, the issuance of patient licenses and medical marijuana business
licenses, and the dispensing, cultivating, processing, testing,
transporting, storage, research, and the use of and sale of medical
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marijuana pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act.
B. 1. Beginning on the effective date of this act, the
Authority shall cease to be part of or a division of the State
Department of Health and shall be deemed to be a separate and
distinct agency, to be known as the Oklahoma Medical Marijuana
Authority. The Authority and the Executive Director of the
Authority shall continue to exercise their statutory powers, duties,
and contractual responsibilities. All records, property, equipment,
assets, monies, financial interests, liabilities, matters pending,
and funds of the division shall be transferred to the Authority.
2. All licenses granted by the Department pertaining to medical
marijuana shall maintain rights and privileges under the authority
of the Authority; provided, however, that all licenses shall be
subject to revocation, suspension, or disciplinary action for
violation of any of the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and rules promulgated by the Executive
Director.
3. The Authority shall succeed to any contractual rights or
responsibilities incurred by the Department pertaining to medical
marijuana.
4. Rules promulgated by the State Commissioner of Health
pertaining to medical marijuana that are in effect on the effective
date of this act shall be immediately adopted and enforced by the
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Executive Director. The Executive Director maintains the authority
to further promulgate and enforce rules.
5. The Department and the Authority may enter into an agreement
for the transfer of personnel from the Department to the Authority.
No employee shall be transferred to the Authority except on the
freely given written consent of the employee. All employees who are
transferred to the Authority shall not be required to accept a
lesser grade or salary than presently received. All employees shall
retain leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Department. The transfer of personnel between the state agencies
shall be coordinated with the Office of Management and Enterprise
Services.
6. The expenses incurred by the Authority as a result of the
transfer required by this subsection shall be paid by the Authority.
7. The division within the Department known as the Oklahoma
Medical Marijuana Authority shall be abolished by the Department
after the transfer has been completed.
8. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this
subsection.
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C. The Authority shall implement the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act consistently with the
voter-approved State Question No. 788, Initiative Petition No. 412,
subject to the provisions of the Oklahoma Medical Marijuana and
Patient Protection Act.
D. The Authority shall exercise its respective powers and
perform its respective duties and functions as specified in the
Oklahoma Medical Marijuana and Patient Protection Act and this title
including, but not limited to, the following:
1. Determine steps the state shall take, whether administrative
or legislative in nature, to ensure that research on marijuana and
marijuana products is being conducted for public purposes including
the advancement of:
a.
public health policy and public safety policy,
b.
agronomic and horticultural best practices, and
c.
medical and pharmacopoeia best practices;
2. Contract with third-party vendors and other governmental
entities in order to carry out the respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed in applicable laws, rules
and regulations and suspend, revoke or not renew licenses pursuant
to applicable laws, rules, and regulations;
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4. Issue subpoenas for the appearance or production of persons,
records and things in connection with disciplinary or contested
cases considered by the Authority;
5. Apply for injunctive or declaratory relief to enforce the
provisions of applicable laws, rules, and regulations;
6. Inspect and examine all licensed premises of medical
marijuana businesses, research facilities, education facilities, and
waste disposal facilities in which medical marijuana is cultivated,
manufactured, sold, stored, transported, tested, distributed, or
disposed of;
7. Upon action by the federal government by which the
production, sale, and use of marijuana in this state does not
violate federal law, work with the Banking Department and the State
Treasurer to develop good practices and standards for banking and
finance for medical marijuana businesses;
8. Establish internal control procedures for licenses including
accounting procedures, reporting procedures, and personnel policies;
9. Establish a fee schedule and collect fees for performing
background checks as the Executive Director deems appropriate. The
fees charged pursuant to this paragraph shall not exceed the actual
cost incurred for each background check;
10. Establish a fee schedule and collect fees for material
changes requested by the licensee; and
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11. Establish regulations, which require a medical marijuana
business to submit information to the Oklahoma Medical Marijuana
Authority, deemed reasonably necessary to assist the Authority in
the prevention of diversion of medical marijuana by a licensed
medical marijuana business. Such information required by the
Authority may include, but shall not be limited to:
a.
the square footage of the licensed premises,
b.
a diagram of the licensed premises,
c.
the number and type of lights at the licensed medical
marijuana commercial grower business,
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the number, type, and production capacity of equipment
located at the medical marijuana processing facility,
e.
the names, addresses, and telephone numbers of
employees or agents of a medical marijuana business,
f.
employment manuals and standard operating procedures
for the medical marijuana business, and
g.
any other information as the Authority reasonably
deems necessary; and
12. Declare and establish a moratorium on processing and
issuing new medical marijuana business licenses pursuant to Section
427.14 of this title for an amount of time the Authority deems
necessary.
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SECTION 97. REPEALER 63 O.S. 2021, Section 427.3, as
last amended by Section 1, Chapter 342, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.3), is hereby repealed.
SECTION 98. AMENDATORY 63 O.S. 2021, Section 427.4, as
last amended by Section 9, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.4), is amended to read as follows:
Section 427.4. A. The Oklahoma Medical Marijuana Authority
shall employ an Executive Director and other personnel as necessary
to assist the Authority in carrying out its duties. The Executive
Director shall be appointed by the Governor, with the advice and
consent of the Senate. The Executive Director shall serve at the
pleasure of the Governor and may be removed or replaced without
cause. Compensation for the Executive Director shall be determined
pursuant to Section 3601.2 of Title 74 of the Oklahoma Statutes.
B. The Authority shall not employ an individual if any of the
following circumstances exist:
1. The individual has a direct or indirect interest in a
licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse
of a child, sibling, or spouse of a sibling has an application for a
medical marijuana business license pending before the Authority or
is a member of the board of directors of a medical marijuana
business, or is an individual financially interested in any licensee
or medical marijuana business.
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C. All officers and employees of the Authority shall be in the
exempt unclassified service as provided for in Section 840-5.5 of
Title 74 of the Oklahoma Statutes.
D. The Executive Director may delegate to any officer or
employee of the Authority any of the powers of the Executive
Director and may designate any officer or employee of the Authority
to perform any of the duties of the Executive Director.
E. The Executive Director may promulgate rules governing the
oversight and implementation of the Oklahoma Medical Marijuana and
Patient Protection Act.
F. The Authority is hereby authorized to create employment
positions necessary for the implementation of its obligations
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act including, but not limited to, investigators of the Authority
and a director of enforcement. The Authority, the director of
enforcement, the Executive Director, and investigators of the
Authority shall have all the powers and authority of a peace officer
of this state for the purpose of enforcing the provisions of the
Oklahoma Medical Marijuana and Patient Protection Act and other laws
pertaining to medical marijuana, rules promulgated by the Executive
Director, or criminal laws of this state. These powers shall
include but not be limited to:
1. Investigating violations or suspected violations of the
Oklahoma Medical Marijuana and Patient Protection Act or other laws
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pertaining to medical marijuana, any rules promulgated pursuant
thereto, and any violations of criminal laws of this state
discovered through the course of such investigations;
2. Serving all warrants, summonses, subpoenas, administrative
citations, notices or other processes relating to the enforcement of
laws regulating marijuana, concentrate, and marijuana product;
3. Seizing any marijuana or marijuana product illegally held in
violation of the Oklahoma Medical Marijuana and Patient Protection
Act, any other laws of this state, or any rules promulgated by the
Executive Director;
4. Assisting or aiding any law enforcement officer in the
performance of his or her duties upon such law enforcement officer’s
request or the request of other local officials having jurisdiction;
5. Referring any evidence, reports, or charges regarding
violations of any provision of the Oklahoma Medical Marijuana and
Patient Protection Act that carries criminal penalty, or of any
other criminal laws of this state, to the appropriate law
enforcement authority and prosecutorial authority for action;
6. Aiding the enforcement authorities of this state or any
county or municipality of the state, or the federal government, in
prosecutions of violations of the Oklahoma Medical Marijuana and
Patient Protection Act or any other laws of this state that carry
criminal penalty involving crimes discovered during the
investigation of violations or suspected violations of the Oklahoma
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Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana or any rules promulgated pursuant
thereto;
7. Requiring As provided in Section 427.6 of this title,
requiring any business applicant or licensee to permit an inspection
of licensed premises during business hours or at any time of
apparent operation, marijuana equipment, and marijuana accessories,
or books and records; and to permit the testing of or examination of
medical marijuana, concentrate, or product;
8. Requiring applicants and licensees to submit complete and
current applications, information and fees required by the Oklahoma
Medical Marijuana and Patient Protection Act, the Oklahoma Medical
Marijuana Waste Management Act and Sections 420 through 426.1 of
this title, and approve material changes made by the applicant or
licensee;
9. Requiring medical marijuana business licensees to submit a
sample or unit of medical marijuana or medical marijuana product to
the quality assurance laboratory when the Authority has reason to
believe the medical marijuana or medical marijuana product may be
unsafe for patient consumption or inhalation or has not been tested
in accordance with the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and the rules and regulations promulgated
by the Executive Director. The licensee shall provide the samples
or units of medical marijuana or medical marijuana products at its
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own expense but shall not be responsible for the costs of testing;
and
10. Requiring medical marijuana business licensees to
periodically submit samples or units of medical marijuana or medical
marijuana products to the quality assurance laboratory for quality
assurance purposes. Licensed growers, processors, dispensaries and
transporters shall not be required to submit samples or units of
medical marijuana or medical marijuana products more than twice a
year. The licensee shall provide the samples or units of medical
marijuana or medical marijuana products at its own expense but shall
not be responsible for the costs of testing.
G. All investigators of the Authority shall meet all training
requirements and qualifications for peace officers as required by
Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, the director of
enforcement or any investigator of the Authority as provided by
subsection F of this section may arrest a violator or suspected
violator of any laws of this state committed in the presence of the
director of enforcement or any investigator of the Authority or upon
the development of probable cause that such crime has been
committed. The director of enforcement or any investigator of the
Authority as provided by subsection F of this section may, upon
request of a sheriff or another peace officer of this state, or any
political subdivision thereof, assist in the apprehension and arrest
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of a violator or suspected violator of any of the laws of this
state.
I. The Executive Director may employ or contract with
attorneys, as needed, to advise the Executive Director and the
Authority on all legal matters and to appear for and represent the
Executive Director and the Authority in all administrative hearings
and all litigation or other proceedings which may arise in the
discharge of their duties. At the request of the Executive
Director, such attorneys shall assist district attorneys in
prosecuting charges of violators of the Oklahoma Medical Marijuana
and Patient Protection Act or any other laws of this state that
carry criminal penalty involving crimes discovered during the
investigation of violations or suspected violations of the Oklahoma
Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana or any rules promulgated pursuant
thereto.
SECTION 99. REPEALER 63 O.S. 2021, Section 427.4, as
last amended by Section 32, Chapter 228, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.4), is hereby repealed.
SECTION 100. AMENDATORY 63 O.S. 2021, Section 427.16, as
last amended by Section 16, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.16), is amended to read as follows:
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Section 427.16. A. There is hereby created a medical marijuana
transporter license as a category of the medical marijuana business
license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical
Marijuana Authority shall issue a medical marijuana transporter
license to licensed medical marijuana commercial growers, processors
and dispensaries upon issuance of such licenses and upon each
renewal. Medical marijuana transporter licenses shall also be
issued to licensed medical marijuana research facilities, medical
marijuana education facilities and medical marijuana testing
laboratories upon issuance of such licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued
to qualifying applicants who are registered with the Secretary of
State and otherwise meet the requirements for a medical marijuana
business license set forth in the Oklahoma Medical Marijuana and
Patient Protection Act and the requirements set forth in this
section to provide logistics, distribution and storage of medical
marijuana, medical marijuana concentrate and medical marijuana
products.
D. A medical marijuana transporter license shall be valid for
one (1) year and shall not be transferred with a change of
ownership. A licensed medical marijuana transporter shall be
responsible for all medical marijuana, medical marijuana concentrate
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and medical marijuana products once the transporter takes control of
the product.
E. A transporter license shall be required for any person or
entity to transport or transfer medical marijuana, medical marijuana
concentrate or medical marijuana products from a licensed medical
marijuana business to another medical marijuana business, or from a
medical marijuana business to a medical marijuana research facility
or medical marijuana education facility.
F. A medical marijuana transporter licensee may contract with
multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, medical marijuana
concentrate and medical marijuana products and to use as a
centralized distribution point. A medical marijuana transporter may
store and distribute medical marijuana, medical marijuana
concentrate and medical marijuana products from the licensed
premises. The licensed premises shall meet all security
requirements applicable to a medical marijuana business.
H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act to create shipping manifests
documenting the transport of medical marijuana, medical marijuana
concentrate and medical marijuana products throughout the state.
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I. A licensed medical marijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, medical marijuana concentrate and medical marijuana
products. Each location shall be registered and inspected by the
Authority prior to its use.
J. With the exception of a lawful transfer between medical
marijuana businesses who are licensed to operate at the same
physical address, all medical marijuana, medical marijuana
concentrate and medical marijuana products shall be transported:
1. In vehicles equipped with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled “Medical Marijuana
or Derivative”; and
3. In a secured area of the vehicle that is not accessible by
the driver during transit.
K. A transporter agent may possess marijuana at any location
while the transporter agent is transferring marijuana to or from a
licensed medical marijuana business, licensed medical marijuana
research facility or licensed medical marijuana education facility.
The Authority shall administer and enforce the provisions of this
section concerning transportation.
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers or owners of a transporter
license in order for the individual to qualify to transport medical
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marijuana, medical marijuana concentrate or medical marijuana
products.
M. The annual fee for a transporter agent license shall be
Twenty-five Dollars ($25.00) and shall be paid by the transporter
license holder or the individual applicant. Transporter license
reprints shall be Twenty Dollars ($20.00).
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of current state residency;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid state-issued driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A copy of the criminal background check conducted by the
Oklahoma State Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the
Authority shall notify the transporter in writing of the reason for
denying the registry identification card.
P. A registry identification card for a transporter shall
expire one (1) year after the date of issuance or upon notification
from the holder of the transporter license that the transporter
agent ceases to work as a transporter.
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Q. The Authority may revoke the registry identification card of
a transporter agent who knowingly violates any provision of this
section, and the transporter is subject to any other penalties
established by law for the violation.
R. The Authority may revoke or suspend the transporter license
of a transporter that the Authority determines knowingly aided or
facilitated a violation of any provision of this section, and the
license holder license-holder is subject to any other penalties
established in law for the violation.
S. Vehicles used in the transport of medical marijuana or
medical marijuana product shall be:
1. Insured at or above the legal requirements in this state;
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in Section
427.2 of this title capable of securing all transported products.
T. Prior to the transport of any medical marijuana, medical
marijuana concentrate or medical marijuana products, an inventory
manifest shall be prepared at the origination point of the medical
marijuana. The inventory manifest shall include the following
information:
1. For the origination point of the medical marijuana:
a.
the licensee number for the commercial grower,
processor or dispensary,
b.
address of origination of transport, and
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c.
name and contact information for the originating
licensee;
2. For the end recipient license holder of the medical
marijuana:
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the license number for the dispensary, commercial
grower, processor, research facility or education
facility destination,
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address of the destination, and
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name and contact information for the destination
licensee;
3. Quantities by weight or unit of each type of medical
marijuana product contained in transport;
4. The date of the transport and the approximate time of
departure;
5. The arrival date and estimated time of arrival;
6. Printed names and signatures of the personnel accompanying
the transport; and
7. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepared for each
licensee receiving the medical marijuana.
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inventory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
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3. A receiving licensee shall refuse to accept any medical
marijuana, medical marijuana concentrate or medical marijuana
products that are not accompanied by an inventory manifest.
4. Originating and receiving licensees shall maintain copies of
inventory manifests and logs of quantities of medical marijuana
received for seven (7) years from date of receipt.
SECTION 101. REPEALER 63 O.S. 2021, Section 427.16, as
last amended by Section 34, Chapter 228, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.16), is hereby repealed.
SECTION 102. AMENDATORY 63 O.S. 2021, Section 427.17, as
last amended by Section 1, Chapter 351, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.17), is amended to read as follows:
Section 427.17. A. There is hereby created a medical marijuana
testing laboratory license as a category of the medical marijuana
business license. The Oklahoma Medical Marijuana Authority is
hereby enabled to monitor, inspect and audit a licensed testing
laboratory under the Oklahoma Medical Marijuana and Patient
Protection Act.
B. 1. The Authority is hereby authorized to contract with a
private laboratory for the purpose of conducting compliance testing
of medical marijuana testing laboratories licensed in this state.
Any such laboratory under contract for compliance testing shall be
prohibited from conducting any other commercial medical marijuana
testing in this state. The laboratory the Authority contracts with
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for compliance testing shall not employ, or be owned by, the
following:
1. Any
a.
any individual that has a direct or indirect interest
in a licensed medical marijuana business;, or
2. Any
b.
any individual or his or her spouse, parent, child,
spouse of a child, sibling or spouse of a sibling that
has an application for a medical marijuana business
license pending before the Authority or is a member of
the board of directors of a medical marijuana
business, or is an individual financially interested
in any licensee or medical marijuana business located
within this state.
2. The private laboratory under contract with the Authority for
compliance testing and a board or committee comprised of licensed
Oklahoma medical marijuana laboratories currently accredited by the
International Organization for Standardization (ISO) shall provide
to the Authority its recommendations for all equipment and standards
to be utilized by licensed medical marijuana testing laboratories
when testing samples of medical marijuana, medical marijuana
concentrate, and medical marijuana products as well as standard
operating procedures when extracting and testing medical marijuana,
medical marijuana concentrate, and medical marijuana products. The
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recommendations shall be submitted to the Authority no later than
June 1, 2023. The Authority shall have ninety (90) days from the
date it receives the recommendations to promulgate new rules or
modify its current rules for laboratory standards and testing.
Beginning June 1, 2024, medical marijuana testing laboratories
renewing their medical marijuana business license shall be subject
to and comply with any new or modified rules relating to the testing
of medical marijuana, medical marijuana concentrate, and medical
marijuana products. The refusal or failure of a medical marijuana
testing laboratory licensee to comply with new or modified rules
relating to laboratory standards and testing procedures promulgated
under the provisions of this paragraph shall result in the permanent
revocation of the medical marijuana testing laboratory license.
C. The Authority shall develop acceptable testing practices
including, but not limited to, testing, standards, quality control
analysis, equipment certification and calibration, process
validation, and chemical identification and substances used.
D. A person who is a direct beneficial owner of a medical
marijuana dispensary, medical marijuana commercial grower or medical
marijuana processor shall not be an owner of a laboratory.
E. A laboratory and a laboratory applicant shall comply with
all applicable local ordinances including, but not limited to,
zoning, occupancy, licensing and building codes.
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F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who performs testing on medical marijuana and medical
marijuana products for medical marijuana businesses, medical
marijuana research facilities, medical marijuana education
facilities, and testing on marijuana and marijuana products grown or
produced by a patient or caregiver on behalf of a patient, upon
verification of registration. A medical marijuana testing
laboratory may also conduct research related to the development and
improvement of its testing practices and procedures. No state-
approved medical marijuana testing facility shall operate unless a
medical laboratory director is on site during operational hours.
H. Laboratory applicants and licensees shall comply with the
application requirements of this section and shall submit such other
information as required for a medical marijuana business applicant,
in addition to any information the Authority may request for initial
approval and periodic evaluations during the approval period.
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from a medical marijuana business, medical
marijuana research facility or medical marijuana education facility
for testing purposes only, which purposes may include the provision
of testing services for samples submitted by a medical marijuana
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business for product development. The Authority may require a
medical marijuana business to submit a sample of medical marijuana,
medical marijuana concentrate or medical marijuana product to a
medical marijuana testing or quality assurance laboratory upon
demand.
J. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following conditions:
1. The individual person is a patient or caregiver pursuant to
the Oklahoma Medical Marijuana and Patient Protection Act or is a
participant in an approved clinical or observational study conducted
by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient license and current
and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical marijuana testing laboratory for testing. All
laboratory reports provided to or by a medical marijuana business or
to a patient or caregiver shall identify the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana testing laboratory may utilize a
licensed medical marijuana transporter to transport samples of
medical marijuana, medical marijuana concentrate and medical
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marijuana product for testing, in accordance with the Oklahoma
Medical Marijuana and Patient Protection Act and the rules adopted
pursuant thereto, between the originating medical marijuana business
requesting testing services and the destination laboratory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrity of the testing processes
or results of the laboratory. At a minimum, employees, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing the testing process, improperly
manipulating data or improperly benefiting from any ongoing
financial, employment, personal or business relationship with the
medical marijuana business that provided the sample. A medical
marijuana testing laboratory shall not test samples for any medical
marijuana business in which an owner, employee or agent of the
medical marijuana testing laboratory has any form of ownership or
financial interest in the medical marijuana business.
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N. The Authority, pursuant to rules promulgated by the
Executive Director of the Authority, shall develop standards,
policies and procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premises and
the location of the laboratory in a secure location, and inspection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and
terpenoid potency and safe levels of contaminants, process
validation, and remediation procedures. Process validation shall be
voluntary, and no licensee shall be required to validate their
process. The Authority shall develop standards and requirements for
a licensee to achieve process validation by January 1, 2024. The
standards, policies, and procedures for process validation shall
include, but not be limited to:
a.
initial requirements to achieve process validation and
ongoing minimum testing requirements once a licensee
has achieved process validation,
b.
requiring licensees to track their marijuana and
marijuana product inventory with the Authority’s
designated seed-to-sale system provided the Authority
has selected a seed-to-sale system. This requirement
for compliance with the seed-to-sale system shall be
mandatory for licensees seeking to achieve process
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validation whether or not compliance with a seed-to-
sale system is mandatory for all licensees,
c.
requiring licensees that are utilizing process
validation to use a laboratory that is certified as a
certified process validation testing laboratory,
d.
requiring licensees to record and document retention
policies, which at a minimum shall require licensees
to retain all documents and records related to process
validation. Such records shall be maintained by the
licensee for as long as the licensee is continuing to
operate under that validated process. Licensees shall
retain all such documents and records for at least
four (4) years after the licensee has stopped using
the validated process or after the licensee has made a
significant process change to a validated process.
Any significant process change to the validated
processes of a licensee is subject to the same
document retention requirements and shall be retained
for as long as the significant process change is part
of an ongoing validated process, and for at least four
(4) years after the licensee has stopped using the
validated process or after the licensee has made a
subsequent significant process change to the validated
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process. The Authority shall promulgate rules for any
modifications to the validated processes,
e.
requiring licensees to keep all records and documents
related to their process validation ready and
accessible at the address listed on their marijuana
business license for inspection or audit by the
Authority without any notice from the Authority,
f.
a process for biannual inspections by the Authority
that, at a minimum, includes random testing of
products being produced under process validation. The
Authority shall be the entity that obtains the random
sample during the biannual inspections and shall have
access to all products being produced or grown under
process validation. The Authority shall take samples
to the quality assurance laboratory,
g.
a process to revoke the authority of licensees to
operate under process validation,
h.
punishment for violations of process validation that,
at a minimum, would prohibit a licensee from operating
under process validation for five (5) years and the
assessment of a fine not to exceed Fifty Thousand
Dollars ($50,000.00). Any such fine levied against a
licensee found to have violated the laws or rules of
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process validation shall be remitted to the Department
of Mental Health and Substance Abuse Services,
i.
punishment for violations if an adulterated product
that was produced under process validation fails
testing and the batch or lot has been sold to a
dispensary, the first violation shall be the
assessment of a fine not to exceed Ten Thousand
Dollars ($10,000.00) and a public recall of the
product. The licensee shall further be required to
revalidate the process. A second violation within two
(2) years of a previous violation shall be the
assessment of a fine not to exceed Seventy-five
Thousand Dollars ($75,000.00) and a public recall of
the product. The licensee shall further be prohibited
from utilizing process validation for a minimum of
five (5) years. A third violation within two (2)
years of a previous violation shall be the assessment
of a fine of Two Hundred Fifty Thousand Dollars
($250,000.00) and a public recall of the product. The
licensee shall further be prohibited from utilizing
process validation,
j.
any willful violation of process validation shall
result in the assessment of a fine of Two Hundred
Fifty Thousand Dollars ($250,000.00) and a license
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revocation hearing. A second willful violation of
process validation shall result in the assessment of a
fine of One Million Dollars ($1,000,000.00) and a
hearing to permanently revoke the license,
k.
an annual registration fee of Five Thousand Dollars
($5,000.00) per licensee, in addition to any other
fees due by the licensee, to be deposited in the
Oklahoma Medical Marijuana Authority Revolving Fund
for the enforcement of the laws and regulations of the
Authority,
l.
establishing criteria for eligibility of testing
laboratories to be certified as a Certified Process
Validation Testing Laboratory and to conduct testing
for licensees pursuing or operating under process
validation. The criteria shall, at a minimum, pass
five (5) consecutive blind proficiency tests without a
failure over the course of six (6) months. The
proficiency tests shall be administered by the quality
assurance laboratory,
m.
punishment for violations by a Certified Process
Validation Testing Laboratory that has been found to
have been falsifying data, providing misinformation,
or any unethical practices related to process
validation at a minimum shall prohibit a licensee from
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operating under process validation for up to twenty-
five (25) years and the assessment of a fine not to
exceed One Million Dollars ($1,000,000.00). Any such
fine levied against a licensee shall be remitted to
the Authority for deposit into the Oklahoma Medical
Marijuana Authority Revolving Fund. In addition to
this fine, in response to a finding of a willful
violation of process validation by the Authority, the
Authority shall also be authorized to collect, levy,
or impose any other fee, fine, penalty, or action as
allowed by law, and
n.
a process to revoke the certification of a testing
laboratory that is seeking to be a Certified Process
Validation Testing Laboratory;
3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storage and use by the laboratory of
reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lot of reference
standard;
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7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all harvest and production batches or samples
containing medical marijuana, medical marijuana concentrate or
medical marijuana products are identified and tracked from the point
they are transferred from a medical marijuana business, a patient or
a caregiver through the point of transfer, destruction or disposal.
The inventory tracking system reporting shall include the results of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a proficiency testing
program approved by the Executive Director for each testing category
listed in this section, in order to obtain and maintain
certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure sufficient monitoring of
laboratory processes and quality of results reported;
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14. The immediate recall of medical marijuana or medical
marijuana products that test above allowable thresholds or are
otherwise determined to be unsafe;
15. The establishment by the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
16. The establishment by the laboratory of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
17. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessary by the Executive
Director.
O. A medical marijuana testing laboratory shall promptly
provide the Authority or designee of the Authority access to a
report of a test and any underlying data that is conducted on a
sample at the request of a medical marijuana business or qualified
patient. A medical marijuana testing laboratory shall also provide
access to the Authority or designee of the Authority to laboratory
premises and to any material or information requested by the
Authority to determine compliance with the requirements of this
section.
P. A medical marijuana testing laboratory shall retain all
results of laboratory tests conducted on marijuana or products for a
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period of at least seven (7) years and shall make them available to
the Authority upon request.
Q. A medical marijuana testing laboratory shall test samples
from each harvest batch or, product batch, or samples consistent
with the rules promulgated for process validation, as appropriate,
of medical marijuana, medical marijuana concentrate and medical
marijuana product for each of the following categories of testing,
consistent with standards developed by the Executive Director:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid type and concentration; and
7. Heavy metals.
R. A licensed medical marijuana testing laboratory shall test
each individual harvest batch. A grower shall separate each harvest
lot of usable marijuana into harvest batches containing no more than
fifteen (15) pounds, with the exception of any plant material to be
sold to a licensed processor for the purposes of turning the plant
material into concentrate which may be separated into harvest
batches of no more than fifty (50) pounds. A processor shall
separate each medical marijuana production lot into production
batches containing no more than four (4) liters of concentrate or
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nine (9) pounds for nonliquid products, and for final products, the
Oklahoma Medical Marijuana Authority shall be authorized to
promulgate rules on final products as necessary. Provided, however,
the Authority shall not require testing of final products less often
than every one thousand (1,000) grams of THC. As used in this
subsection, “final products” shall include, but not be limited to,
cookies, brownies, candies, gummies, beverages and chocolates.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on-site inspection, successful
participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijuana testing laboratory shall be inspected
prior to initial licensure and up to two (2) times per year
thereafter by an inspector approved by the Authority. The Authority
may enter the licensed premises of a testing laboratory to conduct
investigations and additional inspections when the Authority
believes an investigation or additional inspection is necessary due
to a possible violation of applicable laws, rules or regulations.
U. Medical marijuana testing laboratories shall obtain
accreditation by an accrediting body approved by the Executive
Director within one (1) year of the date the initial license is
issued. Renewal of any medical marijuana testing laboratory license
shall be contingent upon accreditation in accordance with this
subsection. All medical marijuana testing laboratories shall obtain
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accreditation prior to applying for and receiving a medical
marijuana testing laboratory license.
V. Unless authorized by the provisions of this section, a
commercial grower shall not transfer or sell medical marijuana and a
processor shall not transfer, sell or process into a concentrate or
product any medical marijuana, medical marijuana concentrate or
medical marijuana product unless samples from each harvest batch or,
production batch, or samples consistent with the rules promulgated
for process validation, from which that medical marijuana, medical
marijuana concentrate or medical marijuana product was derived has
been tested by a medical marijuana testing laboratory and passed all
contaminant tests required by the Oklahoma Medical Marijuana and
Patient Protection Act and applicable laws, rules and regulations.
A licensed commercial grower may transfer medical marijuana that has
failed testing to a licensed processor only for the purposes of
decontamination or remediation and only in accordance with the
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act and the rules and regulations promulgated by the Executive
Director. Remediated and decontaminated medical marijuana may be
returned only to the originating licensed commercial grower.
W. Kief shall not be transferred or sold except as authorized
in the rules and regulations promulgated by the Executive Director.
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SECTION 103. REPEALER 63 O.S. 2021, Section 427.17, as
last amended by Section 1, Chapter 353, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.17), is hereby repealed.
SECTION 104. AMENDATORY 63 O.S. 2021, Section 427.18, as
last amended by Section 2, Chapter 141, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.18), is amended to read as follows:
Section 427.18. A. An Oklahoma A medical marijuana business
shall not sell, transfer or otherwise distribute medical marijuana
or medical marijuana product that has not been packaged and labeled
in accordance with this section and rules promulgated by the State
Commissioner of Health Executive Director of the Oklahoma Medical
Marijuana Authority.
B. A medical marijuana dispensary shall return medical
marijuana and medical marijuana product that does not meet packaging
or labeling requirements in this section or rules promulgated
pursuant thereto to the entity who transferred it to the dispensary.
The medical marijuana dispensary shall document to whom the item was
returned, what was returned and the date of the return or dispose of
any usable marijuana that does not meet these requirements in
accordance with the Oklahoma Medical Marijuana and Patient
Protection Act.
C. 1. Medical marijuana packaging shall be packaged to
minimize its appeal to children and shall not depict images other
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than the business name logo of the medical marijuana producer and
image of the product.
2. A medical marijuana business shall not place any content on
a container in a manner that reasonably appears to target
individuals under the age of twenty-one (21) including, but not
limited to, cartoon characters or similar images.
3. Labels on a container shall not include any false or
misleading statements.
4. No container shall be intentionally or knowingly labeled so
as to cause a reasonable patient confusion as to whether the medical
marijuana, medical marijuana concentrate or medical marijuana
product is a trademarked product or labeled in a manner that
violates any federal trademark law or regulation. The label on the
container shall include a warning that states the following:
a.
“For use by licensed medical marijuana patients only”,
and
b.
“Keep out of reach of children”.
5. The label on the container shall not make any claims
regarding health or physical benefits to the patient.
6. The container itself may be clear in order to allow licensed
medical marijuana patients and licensed medical marijuana caregivers
the ability to view the product inside the container but shall be
child-resistant, as defined in Section 427.2 of this title.
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7. At the point of sale and transfer of any medical marijuana,
medical marijuana concentrate, or medical marijuana products to a
licensed medical marijuana patient or licensed medical marijuana
caregiver, the dispensary shall place the medical marijuana, medical
marijuana concentrate, or medical marijuana products in an exit
package, as such term is defined in Section 427.2 of this title.
D. The State Department of Health Executive Director shall
develop minimum standards for packaging and labeling of medical
marijuana, medical marijuana concentrate, and medical marijuana
products. Such standards shall include, but not be limited to, the
required contents of labels to be affixed to all medical marijuana,
medical marijuana concentrate, and medical marijuana products prior
to transfer to a licensed patient or caregiver, which shall include,
at a minimum:
1. THC and other cannabinoid potency, and terpenoid potency;
2. A statement indicating that the product has been tested for
contaminants;
3. One or more product warnings to be determined by the
Department Executive Director; and
4. Any other information the Department Executive Director
deems necessary.
SECTION 105. REPEALER 63 O.S. 2021, Section 427.18, as
last amended by Section 18, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2022, Section 427.18), is hereby repealed.
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SECTION 106. AMENDATORY 68 O.S. 2021, Section 1353, as
last amended by Section 3, Chapter 412, O.S.L. 2022 (68 O.S. Supp.
2022, Section 1353), is amended to read as follows:
Section 1353. A. It is hereby declared to be the purpose of
the Oklahoma Sales Tax Code to provide funds for the financing of
the program provided for by the Oklahoma Social Security Act and to
provide revenues for the support of the functions of the state
government of Oklahoma, and for this purpose it is hereby expressly
provided that, revenues derived pursuant to the provisions of the
Oklahoma Sales Tax Code, subject to the apportionment requirements
for the Oklahoma Tax Commission and Office of Management and
Enterprise Services Joint Computer Enhancement Fund provided by
Section 265 of this title, shall be apportioned as follows:
1. Except as provided in subsections C and, D and E of this
section, the following amounts shall be paid to the State Treasurer
to be placed to the credit of the General Revenue Fund to be paid
out pursuant to direct appropriation by the Legislature:
Fiscal Year
Amount
FY 2003 and FY 2004
86.04%
FY 2005
85.83%
FY 2006
85.54%
FY 2007
85.04%
FY 2008 through FY 2022
83.61%
FY 2023 through FY 2027
83.36%
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FY 2028 and each fiscal year thereafter
83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Education Reform Revolving Fund of
the State Department of Education:
a.
for FY 2003, FY 2004 and FY 2005, ten and forty-two
one-hundredths percent (10.42%),
b.
for FY 2006 through FY 2020, ten and forty-six one-
hundredths percent (10.46%),
c.
for FY 2021:
(1) for the month beginning July 1, 2020, through the
month ending August 31, 2020, ten and forty-six
one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
d.
for FY 2022 and each fiscal year thereafter, ten and
forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Teachers’ Retirement System
Dedicated Revenue Revolving Fund:
Fiscal Year
Amount
FY 2003 and FY 2004
3.54%
FY 2005
3.75%
FY 2006
4.0%
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FY 2007
4.5%
FY 2008 through FY 2020
5.0%
FY 2021:
a.
for the month beginning July
1, 2020, through the month
ending August 31, 2020
5.0%
b.
for the month beginning
September 1, 2020, through
the month ending June 30,
2021
3.5%
FY 2022
5.0%
FY 2023 through FY 2027
5.25%
FY 2028 and each fiscal year thereafter
5.0%;
4.
a.
except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2022,
and for each fiscal year thereafter, eighty-seven one-
hundredths percent (0.87%) shall be paid to the State
Treasurer to be further apportioned as follows:
(1) twenty-four percent (24%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year,
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(2) forty-four percent (44%) shall be placed to the
credit of the Oklahoma Tourism Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
(3) thirty-two percent (32%) shall be placed to the
credit of the Oklahoma Route 66 Commission
Revolving Fund, but in no event shall such
apportionment exceed Six Million Six Hundred
Thousand Dollars ($6,600,000.00) in any fiscal
year, and
b.
any amounts which exceed the limitations of
subparagraph a of this paragraph shall be placed to
the credit of the General Revenue Fund; and
5. For the fiscal year beginning July 1, 2015, and for each
fiscal year thereafter, six one-hundredths percent (0.06%) shall be
placed to the credit of the Oklahoma Historical Society Capital
Improvement and Operations Revolving Fund, but in no event shall
such apportionment exceed the total amount apportioned pursuant to
this paragraph for the fiscal year ending on June 30, 2015. Any
amounts which exceed the limitations of this paragraph shall be
placed to the credit of the General Revenue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, and
every fiscal year thereafter, an amount of revenue shall be
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apportioned to each municipality or county which levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this title equal to the amount of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this title and subsection F of
Section 2701 of this title. The Oklahoma Tax Commission shall
promulgate and adopt rules necessary to implement the provisions of
this subsection.
C. From the monies that would otherwise be apportioned to the
General Revenue Fund pursuant to subsection A of this section, there
shall be apportioned the following amounts:
1. For the month ending August 31, 2019:
a.
Nine Million Six Hundred Thousand Dollars
($9,600,000.00) to the credit of the State Highway
Construction and Maintenance Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b.
Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a.
Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
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created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b.
Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
3. For the month ending October 31, 2019:
a.
Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b.
Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
4. For the month ending November 30, 2019:
a.
Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b.
Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes; and
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5. For the month ending December 31, 2019:
a.
Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b.
Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes.
D. For fiscal year 2023, and each subsequent fiscal year,
before any other apportionment otherwise required by this section is
made to the General Revenue Fund, there shall be apportioned to the
State Public Common School Building Equalization Fund an amount, if
any, as required pursuant to Section 3-104 of Title 70 of the
Oklahoma Statutes, not to exceed the state sales tax generated by
medical marijuana sales in the preceding fiscal year as reported by
the Oklahoma Tax Commission.
E. For the fiscal year ending June 30, 2023, and for each
fiscal year thereafter, after the apportionment required by
subsection D of this section, but before any other apportionment to
the General Revenue Fund is made, there shall be apportioned to the
Municipal Road Drilling Activity Revolving Fund created pursuant to
Section 37-501 of Title 11 of the Oklahoma Statutes the amount of
Five Million Dollars ($5,000,000.00) for use by municipalities to
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repair roads as prescribed pursuant to the requirements of Section
37-501 of Title 11 of the Oklahoma Statutes.
SECTION 107. REPEALER 68 O.S. 2021, Section 1353, as
last amended by Section 1, Chapter 240, O.S.L. 2022 (68 O.S. Supp.
2022, Section 1353), is hereby repealed.
SECTION 108. AMENDATORY 68 O.S. 2021, Section 1356, as
last amended by Section 1, Chapter 314, O.S.L. 2022 (68 O.S. Supp.
2022, Section 1356), is amended to read as follows:
Section 1356. Exemptions - Governmental and nonprofit entities.
There are hereby specifically exempted from the tax levied by
Section 1350 et seq. of this title:
1. Sale of tangible personal property or services to the United
States government or to this state, any political subdivision of
this state, or any agency of a political subdivision of this state;
provided, all sales to contractors in connection with the
performance of any contract with the United States government, this
state, or any of its political subdivisions shall not be exempted
from the tax levied by Section 1350 et seq. of this title, except as
hereinafter provided;
2. Sales of property to agents appointed by or under contract
with agencies or instrumentalities of the United States government
if ownership and possession of such property transfers immediately
to the United States government;
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3. Sales of property to agents appointed by or under contract
with a political subdivision of this state if the sale of such
property is associated with the development of a qualified federal
facility, as provided in the Oklahoma Federal Facilities Development
Act, and if ownership and possession of such property transfers
immediately to the political subdivision or the state;
4. Sales made directly by county, district, or state fair
authorities of this state, upon the premises of the fair authority,
for the sole benefit of the fair authority or sales of admission
tickets to such fairs or fair events at any location in the state
authorized by county, district, or state fair authorities; provided,
the exemption provided by this paragraph for admission tickets to
fair events shall apply only to any portion of the admission price
that is retained by or distributed to the fair authority. As used
in this paragraph, “fair event” shall be limited to an event held on
the premises of the fair authority in conjunction with and during
the time period of a county, district, or state fair;
5. Sale of food in cafeterias or lunchrooms of elementary
schools, high schools, colleges, or universities which are operated
primarily for teachers and pupils and are not operated primarily for
the public or for profit;
6. Dues paid to fraternal, religious, civic, charitable, or
educational societies or organizations by regular members thereof,
provided, such societies or organizations operate under what is
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commonly termed the lodge plan or system, and provided such
societies or organizations do not operate for a profit which inures
to the benefit of any individual member or members thereof to the
exclusion of other members and dues paid monthly or annually to
privately owned scientific and educational libraries by members
sharing the use of services rendered by such libraries with students
interested in the study of geology, petroleum engineering, or
related subjects;
7. Sale of tangible personal property or services to or by
churches, except sales made in the course of business for profit or
savings, competing with other persons engaged in the same, or a
similar business or sale of tangible personal property or services
by an organization exempt from federal income tax pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
made on behalf of or at the request of a church or churches if the
sale of such property is conducted not more than once each calendar
year for a period not to exceed three (3) days by the organization
and proceeds from the sale of such property are used by the church
or churches or by the organization for charitable purposes;
8. The amount of proceeds received from the sale of admission
tickets which is separately stated on the ticket of admission for
the repayment of money borrowed by any accredited state-supported
college or university or any public trust of which a county in this
state is the beneficiary, for the purpose of constructing or
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enlarging any facility to be used for the staging of an athletic
event, a theatrical production, or any other form of entertainment,
edification or cultural cultivation to which entry is gained with a
paid admission ticket. Such facilities include, but are not limited
to, athletic fields, athletic stadiums, field houses, amphitheaters,
and theaters. To be eligible for this sales tax exemption, the
amount separately stated on the admission ticket shall be a
surcharge which is imposed, collected, and used for the sole purpose
of servicing or aiding in the servicing of debt incurred by the
college or university to effect the capital improvements
hereinbefore described;
9. Sales of tangible personal property or services to the
council organizations or similar state supervisory organizations of
the Boy Scouts of America, Girl Scouts of U.S.A., and Camp Fire USA;
10. Sale of tangible personal property or services to any
county, municipality, rural water district, public school district,
city-county library system, the institutions of The Oklahoma State
System of Higher Education, the Grand River Dam Authority, the
Northeast Oklahoma Public Facilities Authority, the Oklahoma
Municipal Power Authority, City of Tulsa-Rogers County Port
Authority, Muskogee City-County Port Authority, the Oklahoma
Department of Veterans Affairs, the Broken Bow Economic Development
Authority, Ardmore Development Authority, Durant Industrial
Authority, Oklahoma Ordnance Works Authority, Central Oklahoma
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Master Conservancy District, Arbuckle Master Conservancy District,
Fort Cobb Master Conservancy District, Foss Reservoir Master
Conservancy District, Mountain Park Master Conservancy District,
Waurika Lake Master Conservancy District and the Office of
Management and Enterprise Services only when carrying out a public
construction contract on behalf of the Oklahoma Department of
Veterans Affairs, and effective July 1, 2022, the University
Hospitals Trust, or to any person with whom any of the above-named
subdivisions or agencies of this state has duly entered into a
public contract pursuant to law, necessary for carrying out such
public contract or to any subcontractor to such a public contract.
Any person making purchases on behalf of such subdivision or agency
of this state shall certify, in writing, on the copy of the invoice
or sales ticket to be retained by the vendor that the purchases are
made for and on behalf of such subdivision or agency of this state
and set out the name of such public subdivision or agency. Any
person who wrongfully or erroneously certifies that purchases are
for any of the above-named subdivisions or agencies of this state or
who otherwise violates this section shall be guilty of a misdemeanor
and upon conviction thereof shall be fined an amount equal to double
the amount of sales tax involved or incarcerated for not more than
sixty (60) days or both;
11. Sales of tangible personal property or services to private
institutions of higher education and private elementary and
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secondary institutions of education accredited by the State
Department of Education or registered by the State Board of
Education for purposes of participating in federal programs or
accredited as defined by the Oklahoma State Regents for Higher
Education which are exempt from taxation pursuant to the provisions
of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) including
materials, supplies, and equipment used in the construction and
improvement of buildings and other structures owned by the
institutions and operated for educational purposes.
Any person, firm, agency, or entity making purchases on behalf
of any institution, agency or subdivision in this state, shall
certify in writing, on the copy of the invoice or sales ticket the
nature of the purchases, and violation of this paragraph shall be a
misdemeanor as set forth in paragraph 10 of this section;
12. Tuition and educational fees paid to private institutions
of higher education and private elementary and secondary
institutions of education accredited by the State Department of
Education or registered by the State Board of Education for purposes
of participating in federal programs or accredited as defined by the
Oklahoma State Regents for Higher Education which are exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3);
13. a.
Sales of tangible personal property made by:
(1) a public school,
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(2) a private school offering instruction for grade
levels kindergarten through twelfth grade,
(3) a public school district,
(4) a public or private school board,
(5) a public or private school student group or
organization,
(6) a parent-teacher association or organization
other than as specified in subparagraph b of this
paragraph, or
(7) public or private school personnel for purposes
of raising funds for the benefit of a public or
private school, public school district, public or
private school board, or public or private school
student group or organization, or
b.
Sales of tangible personal property made by or to
nonprofit parent-teacher associations or organizations
exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3),
nonprofit local public or private school foundations
which solicit money or property in the name of any
public or private school or public school district.
The exemption provided by this paragraph for sales made by a
public or private school shall be limited to those public or private
schools accredited by the State Department of Education or
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registered by the State Board of Education for purposes of
participating in federal programs. Sale of tangible personal
property in this paragraph shall include sale of admission tickets
and concessions at athletic events;
14. Sales of tangible personal property by:
a.
local 4-H clubs,
b.
county, regional or state 4-H councils,
c.
county, regional or state 4-H committees,
d.
4-H leader associations,
e.
county, regional or state 4-H foundations, and
f.
authorized 4-H camps and training centers.
The exemption provided by this paragraph shall be limited to
sales for the purpose of raising funds for the benefit of such
organizations. Sale of tangible personal property exempted by this
paragraph shall include sale of admission tickets;
15. The first Seventy-five Thousand Dollars ($75,000.00) each
year from sale of tickets and concessions at athletic events by each
organization exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(4);
16. Sales of tangible personal property or services to any
person with whom the Oklahoma Tourism and Recreation Department has
entered into a public contract and which is necessary for carrying
out such contract to assist the Department in the development and
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production of advertising, promotion, publicity, and public
relations programs;
17. Sales of tangible personal property or services to fire
departments organized pursuant to Section 592 of Title 18 of the
Oklahoma Statutes which items are to be used for the purposes of the
fire department. Any person making purchases on behalf of any such
fire department shall certify, in writing, on the copy of the
invoice or sales ticket to be retained by the vendor that the
purchases are made for and on behalf of such fire department and set
out the name of such fire department. Any person who wrongfully or
erroneously certifies that the purchases are for any such fire
department or who otherwise violates the provisions of this section
shall be deemed guilty of a misdemeanor and upon conviction thereof,
shall be fined an amount equal to double the amount of sales tax
involved or incarcerated for not more than sixty (60) days, or both;
18. Complimentary or free tickets for admission to places of
amusement, sports, entertainment, exhibition, display, or other
recreational events or activities which are issued through a box
office or other entity which is operated by a state institution of
higher education with institutional employees or by a municipality
with municipal employees;
19. The first Fifteen Thousand Dollars ($15,000.00) each year
from sales of tangible personal property by fire departments
organized pursuant to Title 11, 18, or 19 of the Oklahoma Statutes
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for the purposes of raising funds for the benefit of the fire
department. Fire departments selling tangible personal property for
the purposes of raising funds shall be limited to no more than six
(6) days each year to raise such funds in order to receive the
exemption granted by this paragraph;
20. Sales of tangible personal property or services to any Boys
& Girls Clubs of America affiliate in this state which is not
affiliated with the Salvation Army and which is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(3);
21. Sales of tangible personal property or services to any
organization, which takes court-adjudicated juveniles for purposes
of rehabilitation, and which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), provided that at least fifty percent (50%) of the
juveniles served by such organization are court adjudicated and the
organization receives state funds in an amount less than ten percent
(10%) of the annual budget of the organization;
22. Sales of tangible personal property or services to:
a.
any health center as defined in Section 254b of Title
42 of the United States Code,
b.
any clinic receiving disbursements of state monies
from the Indigent Health Care Revolving Fund pursuant
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to the provisions of Section 66 of Title 56 of the
Oklahoma Statutes,
c.
any community-based health center which meets all of
the following criteria:
(1) provides primary care services at no cost to the
recipient, and
(2) is exempt from taxation pursuant to the
provisions of Section 501(c)(3) of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3), and
d.
any community mental health center as defined in
Section 3-302 of Title 43A of the Oklahoma Statutes;
23. Dues or fees including free or complimentary dues or fees
which have a value equivalent to the charge that could have
otherwise been made, to YMCAs, YWCAs, or municipally-owned
recreation centers for the use of facilities and programs;
24. The first Fifteen Thousand Dollars ($15,000.00) each year
from sales of tangible personal property or services to or by a
cultural organization established to sponsor and promote
educational, charitable, and cultural events for disadvantaged
children, and which organization is exempt from taxation pursuant to
the provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3);
25. Sales of tangible personal property or services to museums
or other entities which have been accredited by the American
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Association of Museums. Any person making purchases on behalf of
any such museum or other entity shall certify, in writing, on the
copy of the invoice or sales ticket to be retained by the vendor
that the purchases are made for and on behalf of such museum or
other entity and set out the name of such museum or other entity.
Any person who wrongfully or erroneously certifies that the
purchases are for any such museum or other entity or who otherwise
violates the provisions of this paragraph shall be deemed guilty of
a misdemeanor and, upon conviction thereof, shall be fined an amount
equal to double the amount of sales tax involved or incarcerated for
not more than sixty (60) days, or by both such fine and
incarceration;
26. Sales of tickets for admission by any museum accredited by
the American Association of Museums. In order to be eligible for
the exemption provided by this paragraph, an amount equivalent to
the amount of the tax which would otherwise be required to be
collected pursuant to the provisions of Section 1350 et seq. of this
title shall be separately stated on the admission ticket and shall
be collected and used for the sole purpose of servicing or aiding in
the servicing of debt incurred by the museum to effect the
construction, enlarging or renovation of any facility to be used for
entertainment, edification, or cultural cultivation to which entry
is gained with a paid admission ticket;
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27. Sales of tangible personal property or services occurring
on or after June 1, 1995, to children’s homes which are supported or
sponsored by one or more churches, members of which serve as
trustees of the home;
28. Sales of tangible personal property or services to the
organization known as the Disabled American Veterans, Department of
Oklahoma, Inc., and subordinate chapters thereof;
29. Sales of tangible personal property or services to youth
camps which are supported or sponsored by one or more churches,
members of which serve as trustees of the organization;
30. a.
Until July 1, 2022, transfer of tangible personal
property made pursuant to Section 3226 of Title 63 of
the Oklahoma Statutes by the University Hospitals
Trust, and
b.
Effective July 1, 2022, transfer of tangible personal
property or services to or by:
(1) the University Hospitals Trust created pursuant
to Section 3224 of Title 63 of the Oklahoma
Statutes, or
(2) nonprofit entities which are exempt from taxation
pursuant to the provisions of the Internal
Revenue Code of the United States, 26 U.S.C.,
Section 501(c)(3), which have entered into a
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joint operating agreement with the University
Hospitals Trust;
31. Sales of tangible personal property or services to a
municipality, county, or school district pursuant to a lease or
lease-purchase agreement executed between the vendor and a
municipality, county, or school district. A copy of the lease or
lease-purchase agreement shall be retained by the vendor;
32. Sales of tangible personal property or services to any
spaceport user, as defined in the Oklahoma Space Industry
Development Act;
33. The sale, use, storage, consumption, or distribution in
this state, whether by the importer, exporter, or another person, of
any satellite or any associated launch vehicle including components
of, and parts and motors for, any such satellite or launch vehicle,
imported or caused to be imported into this state for the purpose of
export by means of launching into space. This exemption provided by
this paragraph shall not be affected by:
a.
the destruction in whole or in part of the satellite
or launch vehicle,
b.
the failure of a launch to occur or be successful, or
c.
the absence of any transfer or title to, or possession
of, the satellite or launch vehicle after launch;
34. The sale, lease, use, storage, consumption, or distribution
in this state of any space facility, space propulsion system or
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space vehicle, satellite, or station of any kind possessing space
flight capacity including components thereof;
35. The sale, lease, use, storage, consumption, or distribution
in this state of tangible personal property, placed on or used
aboard any space facility, space propulsion system or space vehicle,
satellite, or station possessing space flight capacity, which is
launched into space, irrespective of whether such tangible property
is returned to this state for subsequent use, storage, or
consumption in any manner;
36. The sale, lease, use, storage, consumption, or distribution
in this state of tangible personal property meeting the definition
of “section 38 property” as defined in Sections 48(a)(1)(A) and
(B)(i) of the Internal Revenue Code of 1986, that is an integral
part of and used primarily in support of space flight; however,
section 38 property used in support of space flight shall not
include general office equipment, any boat, mobile home, motor
vehicle, or other vehicle of a class or type required to be
registered, licensed, titled or documented in this state or by the
United States government, or any other property not specifically
suited to supporting space activity. The term “in support of space
flight”, for purposes of this paragraph, means the altering,
monitoring, controlling, regulating, adjusting, servicing, or
repairing of any space facility, space propulsion systems or space
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vehicle, satellite, or station possessing space flight capacity
including the components thereof;
37. The purchase or lease of machinery and equipment for use at
a fixed location in this state, which is used exclusively in the
manufacturing, processing, compounding, or producing of any space
facility, space propulsion system or space vehicle, satellite, or
station of any kind possessing space flight capacity. Provided, the
exemption provided for in this paragraph shall not be allowed unless
the purchaser or lessee signs an affidavit stating that the item or
items to be exempted are for the exclusive use designated herein.
Any person furnishing a false affidavit to the vendor for the
purpose of evading payment of any tax imposed by Section 1354 of
this title shall be subject to the penalties provided by law. As
used in this paragraph, “machinery and equipment” means “section 38
property” as defined in Sections 48(a)(1)(A) and (B)(i) of the
Internal Revenue Code of 1986, which is used as an integral part of
the manufacturing, processing, compounding, or producing of items of
tangible personal property. Such term includes parts and
accessories only to the extent that the exemption thereof is
consistent with the provisions of this paragraph;
38. The amount of a surcharge or any other amount which is
separately stated on an admission ticket which is imposed, collected
and used for the sole purpose of constructing, remodeling, or
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enlarging facilities of a public trust having a municipality or
county as its sole beneficiary;
39. Sales of tangible personal property or services which are
directly used in or for the benefit of a state park in this state,
which are made to an organization which is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(3) and which is organized primarily for the purpose
of supporting one or more state parks located in this state;
40. The sale, lease, or use of parking privileges by an
institution of The Oklahoma State System of Higher Education;
41. Sales of tangible personal property or services for use on
campus or school construction projects for the benefit of
institutions of The Oklahoma State System of Higher Education,
private institutions of higher education accredited by the Oklahoma
State Regents for Higher Education, or any public school or school
district when such projects are financed by or through the use of
nonprofit entities which are exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3);
42. Sales of tangible personal property or services by an
organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), in the course of conducting a national championship
sports event, but only if all or a portion of the payment in
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exchange therefor would qualify as the receipt of a qualified
sponsorship payment described in Internal Revenue Code, 26 U.S.C.,
Section 513(i). Sales exempted pursuant to this paragraph shall be
exempt from all Oklahoma sales, use, excise, and gross receipts
taxes;
43. Sales of tangible personal property or services to or by an
organization which:
a.
is exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section
501(c)(3),
b.
is affiliated with a comprehensive university within
The Oklahoma State System of Higher Education, and
c.
has been organized primarily for the purpose of
providing education and teacher training and
conducting events relating to robotics;
44. The first Fifteen Thousand Dollars ($15,000.00) each year
from sales of tangible personal property to or by youth athletic
teams which are part of an athletic organization exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(4), for the purposes of raising funds for the
benefit of the team;
45. Sales of tickets for admission to a collegiate athletic
event that is held in a facility owned or operated by a municipality
or a public trust of which the municipality is the sole beneficiary
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and that actually determines or is part of a tournament or
tournament process for determining a conference tournament
championship, a conference championship, or a national championship;
46. Sales of tangible personal property or services to or by an
organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3) and is operating the Oklahoma City National Memorial and
Museum, an affiliate of the National Park System;
47. Sales of tangible personal property or services to
organizations which are exempt from federal taxation pursuant to the
provisions of Section 501(c)(3) of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), the memberships of which are limited to
honorably discharged veterans, and which furnish financial support
to area veterans’ organizations to be used for the purpose of
constructing a memorial or museum;
48. Sales of tangible personal property or services on or after
January 1, 2003, to an organization which is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(3) that is expending monies received from a private
foundation grant in conjunction with expenditures of local sales tax
revenue to construct a local public library;
49. Sales of tangible personal property or services to a state
that borders this state or any political subdivision of that state,
but only to the extent that the other state or political subdivision
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exempts or does not impose a tax on similar sales of items to this
state or a political subdivision of this state;
50. Effective July 1, 2005, sales of tangible personal property
or services to the Career Technology Student Organizations under the
direction and supervision of the Oklahoma Department of Career and
Technology Education;
51. Sales of tangible personal property to a public trust
having either a single city, town or county or multiple cities,
towns or counties, or combination thereof as beneficiary or
beneficiaries or a nonprofit organization which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3) for the purpose of constructing
improvements to or expanding a hospital or nursing home owned and
operated by any such public trust or nonprofit entity prior to July
1, 2008, in counties with a population of less than one hundred
thousand (100,000) persons, according to the most recent Federal
Decennial Census. As used in this paragraph, “constructing
improvements to or expanding” shall not mean any expense for routine
maintenance or general repairs and shall require a project cost of
at least One Hundred Thousand Dollars ($100,000.00). For purposes
of this paragraph, sales made to a contractor or subcontractor that
enters into a contractual relationship with a public trust or
nonprofit entity as described by this paragraph shall be considered
sales made to the public trust or nonprofit entity. The exemption
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authorized by this paragraph shall be administered in the form of a
refund from the sales tax revenues apportioned pursuant to Section
1353 of this title and the vendor shall be required to collect the
sales tax otherwise applicable to the transaction. The purchaser
may apply for a refund of the sales tax paid in the manner
prescribed by this paragraph. Within thirty (30) days after the end
of each fiscal year, any purchaser that is entitled to make
application for a refund based upon the exempt treatment authorized
by this paragraph may file an application for refund of the sales
taxes paid during such preceding fiscal year. The Tax Commission
shall prescribe a form for purposes of making the application for
refund. The Tax Commission shall determine whether or not the total
amount of sales tax exemptions claimed by all purchasers is equal to
or less than Six Hundred Fifty Thousand Dollars ($650,000.00). If
such claims are less than or equal to that amount, the Tax
Commission shall make refunds to the purchasers in the full amount
of the documented and verified sales tax amounts. If such claims by
all purchasers are in excess of Six Hundred Fifty Thousand Dollars
($650,000.00), the Tax Commission shall determine the amount of each
purchaser’s claim, the total amount of all claims by all purchasers,
and the percentage each purchaser’s claim amount bears to the total.
The resulting percentage determined for each purchaser shall be
multiplied by Six Hundred Fifty Thousand Dollars ($650,000.00) to
determine the amount of refundable sales tax to be paid to each
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purchaser. The pro rata refund amount shall be the only method to
recover sales taxes paid during the preceding fiscal year and no
balance of any sales taxes paid on a pro rata basis shall be the
subject of any subsequent refund claim pursuant to this paragraph;
52. Effective July 1, 2006, sales of tangible personal property
or services to any organization which assists, trains, educates, and
provides housing for physically and mentally handicapped persons and
which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and that
receives at least eighty-five percent (85%) of its annual budget
from state or federal funds. In order to receive the benefit of the
exemption authorized by this paragraph, the taxpayer shall be
required to make payment of the applicable sales tax at the time of
sale to the vendor in the manner otherwise required by law.
Notwithstanding any other provision of the Oklahoma Uniform Tax
Procedure Code to the contrary, the taxpayer shall be authorized to
file a claim for refund of sales taxes paid that qualify for the
exemption authorized by this paragraph for a period of one (1) year
after the date of the sale transaction. The taxpayer shall be
required to provide documentation as may be prescribed by the
Oklahoma Tax Commission in support of the refund claim. The total
amount of sales tax qualifying for exempt treatment pursuant to this
paragraph shall not exceed One Hundred Seventy-five Thousand Dollars
($175,000.00) each fiscal year. Claims for refund shall be
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processed in the order in which such claims are received by the
Oklahoma Tax Commission. If a claim otherwise timely filed exceeds
the total amount of refunds payable for a fiscal year, such claim
shall be barred;
53. The first Two Thousand Dollars ($2,000.00) each year of
sales of tangible personal property or services to, by, or for the
benefit of a qualified neighborhood watch organization that is
endorsed or supported by or working directly with a law enforcement
agency with jurisdiction in the area in which the neighborhood watch
organization is located. As used in this paragraph, “qualified
neighborhood watch organization” means an organization that is a
not-for-profit corporation under the laws of this state that was
created to help prevent criminal activity in an area through
community involvement and interaction with local law enforcement and
which is one of the first two thousand organizations which makes
application to the Oklahoma Tax Commission for the exemption after
March 29, 2006;
54. Sales of tangible personal property to a nonprofit
organization, exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3), organized
primarily for the purpose of providing services to homeless persons
during the day and located in a metropolitan area with a population
in excess of five hundred thousand (500,000) persons according to
the latest Federal Decennial Census. The exemption authorized by
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this paragraph shall be applicable to sales of tangible personal
property to a qualified entity occurring on or after January 1,
2005;
55. Sales of tangible personal property or services to or by an
organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3) for events the principal purpose of which is to provide
funding for the preservation of wetlands and habitat for wild ducks;
56. Sales of tangible personal property or services to or by an
organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3) for events the principal purpose of which is to provide
funding for the preservation and conservation of wild turkeys;
57. Sales of tangible personal property or services to an
organization which:
a.
is exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), and
b.
is part of a network of community-based, autonomous
member organizations that meets the following
criteria:
(1) serves people with workplace disadvantages and
disabilities by providing job training and
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employment services, as well as job placement
opportunities and post-employment support,
(2) has locations in the United States and at least
twenty other countries,
(3) collects donated clothing and household goods to
sell in retail stores and provides contract labor
services to business and government, and
(4) provides documentation to the Oklahoma Tax
Commission that over seventy-five percent (75%)
of its revenues are channeled into employment,
job training and placement programs, and other
critical community services;
58. Sales of tickets made on or after September 21, 2005, and
complimentary or free tickets for admission issued on or after
September 21, 2005, which have a value equivalent to the charge that
would have otherwise been made, for admission to a professional
athletic event in which a team in the National Basketball
Association is a participant, which is held in a facility owned or
operated by a municipality, a county, or a public trust of which a
municipality or a county is the sole beneficiary, and sales of
tickets made on or after July 1, 2007, and complimentary or free
tickets for admission issued on or after July 1, 2007, which have a
value equivalent to the charge that would have otherwise been made,
for admission to a professional athletic event in which a team in
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the National Hockey League is a participant, which is held in a
facility owned or operated by a municipality, a county, or a public
trust of which a municipality or a county is the sole beneficiary;
59. Sales of tickets for admission and complimentary or free
tickets for admission which have a value equivalent to the charge
that would have otherwise been made to a professional sporting event
involving ice hockey, baseball, basketball, football or arena
football, or soccer. As used in this paragraph, “professional
sporting event” means an organized athletic competition between
teams that are members of an organized league or association with
centralized management, other than a national league or national
association, that imposes requirements for participation in the
league upon the teams, the individual athletes, or both, and which
uses a salary structure to compensate the athletes;
60. Sales of tickets for admission to an annual event sponsored
by an educational and charitable organization of women which is
exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3) and has as its mission
promoting volunteerism, developing the potential of women and
improving the community through the effective action and leadership
of trained volunteers;
61. Sales of tangible personal property or services to an
organization, which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
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501(c)(3), and which is itself a member of an organization which is
exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3), if the membership
organization is primarily engaged in advancing the purposes of its
member organizations through fundraising, public awareness, or other
efforts for the benefit of its member organizations, and if the
member organization is primarily engaged either in providing
educational services and programs concerning health-related diseases
and conditions to individuals suffering from such health-related
diseases and conditions or their caregivers and family members or
support to such individuals, or in health-related research as to
such diseases and conditions, or both. In order to qualify for the
exemption authorized by this paragraph, the member nonprofit
organization shall be required to provide proof to the Oklahoma Tax
Commission of its membership status in the membership organization;
62. Sales of tangible personal property or services to or by an
organization which is part of a national volunteer women’s service
organization dedicated to promoting patriotism, preserving American
history, and securing better education for children and which has at
least 168,000 members in 3,000 chapters across the United States;
63. Sales of tangible personal property or services to or by a
YWCA or YMCA organization which is part of a national nonprofit
community service organization working to meet the health and social
service needs of its members across the United States;
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64. Sales of tangible personal property or services to or by a
veteran’s organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(19) and which is known as the Veterans of Foreign Wars of the
United States, Oklahoma Chapters;
65. Sales of boxes of food by a church or by an organization,
which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3). To qualify
under the provisions of this paragraph, the organization must be
organized for the primary purpose of feeding needy individuals or to
encourage volunteer service by requiring such service in order to
purchase food. These boxes shall only contain edible staple food
items;
66. Sales of tangible personal property or services to any
person with whom a church has duly entered into a construction
contract, necessary for carrying out such contract or to any
subcontractor to such a construction contract;
67. Sales of tangible personal property or services used
exclusively for charitable or educational purposes, to or by an
organization which:
a.
is exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section
501(c)(3),
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b.
has filed a Not-for-Profit Certificate of
Incorporation in this state, and
c.
is organized for the purpose of:
(1) providing training and education to
developmentally disabled individuals,
(2) educating the community about the rights,
abilities, and strengths of developmentally
disabled individuals, and
(3) promoting unity among developmentally disabled
individuals in their community and geographic
area;
68. Sales of tangible personal property or services to any
organization which is a shelter for abused, neglected, or abandoned
children and which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3); provided, until July 1, 2008, such exemption shall apply
only to eligible shelters for children from birth to age twelve (12)
and after July 1, 2008, such exemption shall apply to eligible
shelters for children from birth to age eighteen (18);
69. Sales of tangible personal property or services to a child
care center which is licensed pursuant to the Oklahoma Child Care
Facilities Licensing Act and which:
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a.
possesses a 3-star rating from the Department of Human
Services Reaching for the Stars Program or a national
accreditation, and
b.
allows on-site universal prekindergarten education to
be provided to four-year-old children through a
contractual agreement with any public school or school
district.
For the purposes of this paragraph, sales made to any person,
firm, agency, or entity that has entered previously into a
contractual relationship with a child care center for construction
and improvement of buildings and other structures owned by the child
care center and operated for educational purposes shall be
considered sales made to a child care center. Any such person,
firm, agency, or entity making purchases on behalf of a child care
center shall certify, in writing, on the copy of the invoice or
sales ticket the nature of the purchase. Any such person, or person
acting on behalf of a firm, agency, or entity making purchases on
behalf of a child care center in violation of this paragraph shall
be guilty of a misdemeanor and upon conviction thereof shall be
fined an amount equal to double the amount of sales tax involved or
incarcerated for not more than sixty (60) days or both;
70. a.
Sales of tangible personal property to a service
organization of mothers who have children who are
serving or who have served in the military, which
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service organization is exempt from taxation pursuant
to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(19) and which is known as the
Blue Star Mothers of America, Inc. The exemption
provided by this paragraph shall only apply to the
purchase of tangible personal property actually sent
to United States military personnel overseas who are
serving in a combat zone and not to any other tangible
personal property purchased by the organization.
Provided, this exemption shall not apply to any sales
tax levied by a city, town, county, or any other
jurisdiction in this state.
b.
The exemption authorized by this paragraph shall be
administered in the form of a refund from the sales
tax revenues apportioned pursuant to Section 1353 of
this title, and the vendor shall be required to
collect the sales tax otherwise applicable to the
transaction. The purchaser may apply for a refund of
the state sales tax paid in the manner prescribed by
this paragraph. Within sixty (60) days after the end
of each calendar quarter, any purchaser that is
entitled to make application for a refund based upon
the exempt treatment authorized by this paragraph may
file an application for refund of the state sales
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taxes paid during such preceding calendar quarter.
The Tax Commission shall prescribe a form for purposes
of making the application for refund.
c.
A purchaser who applies for a refund pursuant to this
paragraph shall certify that the items were actually
sent to military personnel overseas in a combat zone.
Any purchaser that applies for a refund for the
purchase of items that are not authorized for
exemption under this paragraph shall be subject to a
penalty in the amount of Five Hundred Dollars
($500.00);
71. Sales of food and snack items to or by an organization
which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3), whose primary
and principal purpose is providing funding for scholarships in the
medical field;
72. Sales of tangible personal property or services for use
solely on construction projects for organizations which are exempt
from taxation pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 501(c)(3) and whose purpose is providing
end-of-life care and access to hospice services to low-income
individuals who live in a facility owned by the organization. The
exemption provided by this paragraph applies to sales to the
organization as well as to sales to any person with whom the
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organization has duly entered into a construction contract,
necessary for carrying out such contract or to any subcontractor to
such a construction contract. Any person making purchases on behalf
of such organization shall certify, in writing, on the copy of the
invoice or sales ticket to be retained by the vendor that the
purchases are made for and on behalf of such organization and set
out the name of such organization. Any person who wrongfully or
erroneously certifies that purchases are for any of the above-named
organizations or who otherwise violates this section shall be guilty
of a misdemeanor and upon conviction thereof shall be fined an
amount equal to double the amount of sales tax involved or
incarcerated for not more than sixty (60) days or both;
73. Sales of tickets for admission to events held by
organizations exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3) that are
organized for the purpose of supporting general hospitals licensed
by the State Department of Health;
74. Sales of tangible personal property or services:
a.
to a foundation which is exempt from taxation pursuant
to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3) and which raises tax-
deductible contributions in support of a wide range of
firearms-related public interest activities of the
National Rifle Association of America and other
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organizations that defend and foster Second Amendment
rights, and
b.
to or by a grassroots fundraising program for sales
related to events to raise funds for a foundation
meeting the qualifications of subparagraph a of this
paragraph;
75. Sales by an organization or entity which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3) which are related to a fundraising event
sponsored by the organization or entity when the event does not
exceed any five (5) consecutive days and when the sales are not in
the organization’s or the entity’s regular course of business.
Provided, the exemption provided in this paragraph shall be limited
to tickets sold for admittance to the fundraising event and items
which were donated to the organization or entity for sale at the
event;
76. Effective November 1, 2017, sales of tangible personal
property or services to an organization which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3) and operates as a collaborative model
which connects community agencies in one location to serve
individuals and families affected by violence and where victims have
access to services and advocacy at no cost to the victim;
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77. Effective July 1, 2018, sales of tangible personal property
or services to or by an association which is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(19) and which is known as the National Guard
Association of Oklahoma;
78. Effective July 1, 2018, sales of tangible personal property
or services to or by an association which is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(4) and which is known as the Marine Corps League of
Oklahoma;
79. Sales of tangible personal property or services to the
American Legion, whether the purchase is made by the entity
chartered by the United States Congress or is an entity organized
under the laws of this or another state pursuant to the authority of
the national American Legion organization;
80. Sales of tangible personal property or services to or by an
organization which is:
a.
exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3),
b.
verified with a letter from the MIT Fab Foundation as
an official member of the Fab Lab Network in
compliance with the Fab Charter, and
c.
able to provide documentation that its primary and
principal purpose is to provide community access to
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advanced 21st century manufacturing and digital
fabrication tools for science, technology,
engineering, art and math (STEAM) learning skills,
developing inventions, creating and sustaining
businesses, and producing personalized products;
81. Effective November 1, 2021, sales of tangible personal
property or services used solely for construction and remodeling
projects to an organization which is exempt from taxation pursuant
to the provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), and which meets the following requirements:
a.
its primary purpose is to construct or remodel and
sell affordable housing and provide homeownership
education to residents of Oklahoma that have an income
that is below one hundred percent (100%) of the Family
Median Income guidelines as defined by the U.S.
Department of Housing and Urban Development,
b.
it conducts its activities in a manner that serves
public or charitable purposes, rather than commercial
purposes,
c.
it receives funding and revenue and charges fees in a
manner that does not incentivize it or its employees
to act other than in the best interests of its
clients, and
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d.
it compensates its employees in a manner that does not
incentivize employees to act other than in the best
interests of its clients;
82. Effective November 1, 2021, sales of tangible personal
property or services to a nonprofit entity, organized pursuant to
Oklahoma law before January 1, 2022, exempt from federal income
taxation pursuant to Section 501(c) of the Internal Revenue Code of
1986, as amended, the principal functions of which are to provide
assistance to natural persons following a disaster, with program
emphasis on repair or restoration to single-family residential
dwellings or the construction of a replacement single-family
residential dwelling. As used in this paragraph, “disaster” means
damage to property with or without accompanying injury to persons
from heavy rain, high winds, tornadic winds, drought, wildfire,
snow, ice, geologic disturbances, explosions, chemical accidents or
spills, and other events causing damage to property on a large
scale. For purposes of this paragraph, an entity that expended at
least seventy-five percent (75%) of its funds on the restoration to
single-family housing following a disaster including related general
and administrative expenses, shall be eligible for the exemption
authorized by this paragraph;
83. Effective November 1, 2021, through December 31, 2024,
sales of tangible personal property or services to a museum that:
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a.
operates as a part of an organization which is exempt
from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3),
b.
is not accredited by the American Alliance of Museums,
and
c.
operates on an annual budget of less than One Million
Dollars ($1,000,000.00);
84. Until July 1, 2022, sales of tangible personal property or
services for use in a clinical practice or medical facility operated
by an organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code of the United States, 26
U.S.C., Section 501(c)(3), and which has entered into a joint
operating agreement with the University Hospitals Trust created
pursuant to Section 3224 of Title 63 of the Oklahoma Statutes. The
exemption provided by this paragraph shall be limited to the
purchase of tangible personal property and services for use in
clinical practices or medical facilities acquired or leased by the
organization from the University Hospitals Authority, University
Hospitals Trust, or the University of Oklahoma on or after June 1,
2021; and
85. Sales of tangible personal property or services to or by a
women’s veterans organization, and its subchapters in this state,
that is exempt from taxation pursuant to the provisions of the
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Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and is known as
the Oklahoma Women Veterans Organization;
86. Sales of tangible personal property or services to a
nonprofit entity, organized pursuant to Oklahoma law before January
1, 2019, exempt from federal income taxation pursuant to Section
501(c) of the Internal Revenue Code of 1986, as amended, the
principal functions of which are to provide assistance to natural
persons following a disaster, with program emphasis on repair or
restoration to single-family residential dwellings or the
construction of a replacement single-family residential dwelling.
For purposes of this paragraph, an entity operated exclusively for
charitable and educational purposes through the coordination of
volunteers for the disaster recovery of homes (as derived from Part
III, Statement of Program Services, of Internal Revenue Service Form
990) and which offers its services free of charge to disaster
survivors statewide who are low income with no or limited means of
recovery on their own for the restoration to single-family housing
following a disaster including related general and administrative
expenses, shall be eligible for the exemption authorized by this
paragraph. The exemption provided by this paragraph shall only be
applicable to sales made on or after the effective date of this act.
As used in this paragraph, “disaster” means damage to property with
or without accompanying injury to persons from heavy rain, high
winds, tornadic winds, drought, wildfire, snow, ice, geologic
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disturbances, explosions, chemical accidents or spills and other
events causing damage to property on a large scale; and
87. Effective July 1, 2022, sales of tangible personal property
or services to an organization which is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(3) and which provides support to veterans, active
duty members of the Armed Forces, reservists, and members of the
National Guard to assist with the transition to civilian life and
which provides documentation to the Oklahoma Tax Commission that
over seventy percent (70%) of its revenue is expended on support for
transition to civilian life.
SECTION 109. REPEALER 68 O.S. 2021, Section 1356, as
last amended by Section 1, Chapter 295, O.S.L. 2022 (68 O.S. Supp.
2022, Section 1356), is hereby repealed.
SECTION 110. REPEALER 68 O.S. 2021, Section 1356, as
last amended by Section 1, Chapter 394, O.S.L. 2022 (68 O.S. Supp.
2022, Section 1356), is hereby repealed.
SECTION 111. AMENDATORY 68 O.S. 2021, Section 2101, as
last amended by Section 235, Chapter 282, O.S.L. 2022 (68 O.S. Supp.
2022, Section 2101), is amended to read as follows:
Section 2101. For the purpose of this article:
1. The term “motor vehicle” means and includes every
automobile, truck, truck-tractor, all-terrain vehicle, utility
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vehicle or any motor bus or any self-propelled vehicle not operated
or driven upon fixed rails or tracks or in the air or on water;
2. The term “vehicle” means and includes every device in, upon,
or by which any person or property is, or may be, transported or
drawn, excepting devices moved by human or animal power, when not
used upon fixed rails or tracks, or in the air or on water;
3. The term “low-speed electrical vehicle” means and includes
any four–wheeled electrical vehicle that is powered by an electric
motor that draws current from rechargeable storage batteries or
other sources of electrical current and whose top speed is greater
than twenty (20) miles per hour but not greater than twenty-five
(25) miles per hour and is manufactured in compliance with the
National Highway Traffic Safety Administration standards for low-
speed vehicles in 49 C.F.R. 571.500;
4. The term “automobile” means and includes every motor vehicle
constructed and used solely for the transportation of persons for
purposes other than for hire or compensation;
5. The term “motorcycle” means and includes every motor vehicle
designed to travel on not more than three wheels other than an all-
terrain vehicle;
6. The term “truck” means and includes every motor vehicle
constructed or used for the transportation of property not falling
within the definition of truck-tractor, trailer or semitrailer, as
herein defined;
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7. The term “truck-tractor” means and includes every motor
vehicle of the truck type designed to draw or support the front end
of a semitrailer;
8. The term “trailer” means and includes any vehicle designed
to be drawn by a truck, tractor or a truck-tractor, but supported
upon its own wheels;
9. The term “semitrailer” means and includes any vehicle
designed to be attached to, and having its front end supported by a
truck, tractor, or truck-tractor;
10. The term “motor bus” means and includes every motor vehicle
constructed so as to carry persons, and which is used or rented to
carry persons for compensation;
11. The term “manufactured home” means a residential dwelling
built in accordance with the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C., Section
5401 et seq., and rules promulgated pursuant thereto and the rules
promulgated by the Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission pursuant to Section
582 of Title 47 of the Oklahoma Statutes. Manufactured home shall
not mean a park model recreational vehicle as defined in Section
1102 of Title 47 of the Oklahoma Statutes;
12. The term “farm tractor” means and includes any vehicle of
tractor type owned and operated by the purchaser and used
exclusively for agricultural purposes;
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13. The term “all-terrain vehicle” means and includes every
vehicle defined as an all-terrain vehicle in Section 1102 of Title
47 of the Oklahoma Statutes;
14. The terms “legal ownership” and “legally owned” mean the
right to possession, whether acquired by purchase, barter, exchange,
assignment, gift, operation of law, or in any other manner;
15. The term “person” means and includes natural persons,
individuals, partnerships, firms, associations, limited liability
companies, corporations, estates, trustees, business trusts,
syndicates, this state, any county, city, municipality, school
district or other political subdivision of the state, or any
corporation or combination acting as a unit or any receiver
appointed by any state or federal court; and the use of the singular
number shall include the plural number;
16. The term “utility vehicle” means every vehicle defined as a
utility vehicle in Section 1102 of Title 47 of the Oklahoma
Statutes; and
17. The term “medium-speed electrical vehicle” means any self-
propelled, electrically powered four-wheeled motor vehicle, equipped
with a roll cage or crush-proof body design, whose speed attainable
in one (1) mile is more than thirty (30) miles per hour but not
greater than thirty-five (35) miles per hour.
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SECTION 112. REPEALER 68 O.S. 2021, Section 2101, as
last amended by Section 23, Chapter 107, O.S.L. 2022 (68 O.S. Supp.
2022, Section 2101), is hereby repealed.
SECTION 113. AMENDATORY 68 O.S. 2021, Section 2358, as
last amended by Section 2, Chapter 341, O.S.L. 2022 (68 O.S. Supp.
2022, Section 2358), is amended to read as follows:
Section 2358. For all tax years beginning after December 31,
1981, taxable income and adjusted gross income shall be adjusted to
arrive at Oklahoma taxable income and Oklahoma adjusted gross income
as required by this section.
A. The taxable income of any taxpayer shall be adjusted to
arrive at Oklahoma taxable income for corporations and Oklahoma
adjusted gross income for individuals, as follows:
1. There shall be added interest income on obligations of any
state or political subdivision thereto which is not otherwise
exempted pursuant to other laws of this state, to the extent that
such interest is not included in taxable income and adjusted gross
income.
2. There shall be deducted amounts included in such income that
the state is prohibited from taxing because of the provisions of the
Federal Constitution, the State Constitution, federal laws or laws
of Oklahoma.
3. The amount of any federal net operating loss deduction shall
be adjusted as follows:
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a.
For carryovers and carrybacks to taxable years
beginning before January 1, 1981, the amount of any
net operating loss deduction allowed to a taxpayer for
federal income tax purposes shall be reduced to an
amount which is the same portion thereof as the loss
from sources within this state, as determined pursuant
to this section and Section 2362 of this title, for
the taxable year in which such loss is sustained is of
the total loss for such year;
b.
For carryovers and carrybacks to taxable years
beginning after December 31, 1980, the amount of any
net operating loss deduction allowed for the taxable
year shall be an amount equal to the aggregate of the
Oklahoma net operating loss carryovers and carrybacks
to such year. Oklahoma net operating losses shall be
separately determined by reference to Section 172 of
the Internal Revenue Code, 26 U.S.C., Section 172, as
modified by the Oklahoma Income Tax Act, Section 2351
et seq. of this title, and shall be allowed without
regard to the existence of a federal net operating
loss. For tax years beginning after December 31,
2000, and ending before January 1, 2008, the years to
which such losses may be carried shall be determined
solely by reference to Section 172 of the Internal
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Revenue Code, 26 U.S.C., Section 172, with the
exception that the terms “net operating loss” and
“taxable income” shall be replaced with “Oklahoma net
operating loss” and “Oklahoma taxable income”. For
tax years beginning after December 31, 2007, and
ending before January 1, 2009, years to which such
losses may be carried back shall be limited to two (2)
years. For tax years beginning after December 31,
2008, the years to which such losses may be carried
back shall be determined solely by reference to
Section 172 of the Internal Revenue Code, 26 U.S.C.,
Section 172, with the exception that the terms “net
operating loss” and “taxable income” shall be replaced
with “Oklahoma net operating loss” and “Oklahoma
taxable income”.
4. Items of the following nature shall be allocated as
indicated. Allowable deductions attributable to items separately
allocable in subparagraphs a, b and c of this paragraph, whether or
not such items of income were actually received, shall be allocated
on the same basis as those items:
a.
Income from real and tangible personal property, such
as rents, oil and mining production or royalties, and
gains or losses from sales of such property, shall be
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allocated in accordance with the situs of such
property;
b.
Income from intangible personal property, such as
interest, dividends, patent or copyright royalties,
and gains or losses from sales of such property, shall
be allocated in accordance with the domiciliary situs
of the taxpayer, except that:
(1) where such property has acquired a nonunitary
business or commercial situs apart from the
domicile of the taxpayer such income shall be
allocated in accordance with such business or
commercial situs; interest income from
investments held to generate working capital for
a unitary business enterprise shall be included
in apportionable income; a resident trust or
resident estate shall be treated as having a
separate commercial or business situs insofar as
undistributed income is concerned, but shall not
be treated as having a separate commercial or
business situs insofar as distributed income is
concerned,
(2) for taxable years beginning after December 31,
2003, capital or ordinary gains or losses from
the sale of an ownership interest in a publicly
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traded partnership, as defined by Section 7704(b)
of the Internal Revenue Code, shall be allocated
to this state in the ratio of the original cost
of such partnership’s tangible property in this
state to the original cost of such partnership’s
tangible property everywhere, as determined at
the time of the sale; if more than fifty percent
(50%) of the value of the partnership’s assets
consists of intangible assets, capital or
ordinary gains or losses from the sale of an
ownership interest in the partnership shall be
allocated to this state in accordance with the
sales factor of the partnership for its first
full tax period immediately preceding its tax
period during which the ownership interest in the
partnership was sold; the provisions of this
division shall only apply if the capital or
ordinary gains or losses from the sale of an
ownership interest in a partnership do not
constitute qualifying gain receiving capital
treatment as defined in subparagraph a of
paragraph 2 of subsection F of this section,
(3) income from such property which is required to be
allocated pursuant to the provisions of paragraph
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5 of this subsection shall be allocated as herein
provided;
c.
Net income or loss from a business activity which is
not a part of business carried on within or without
the state of a unitary character shall be separately
allocated to the state in which such activity is
conducted;
d.
In the case of a manufacturing or processing
enterprise the business of which in Oklahoma consists
solely of marketing its products by:
(1) sales having a situs without this state, shipped
directly to a point from without the state to a
purchaser within the state, commonly known as
interstate sales,
(2) sales of the product stored in public warehouses
within the state pursuant to “in transit”
tariffs, as prescribed and allowed by the
Interstate Commerce Commission, to a purchaser
within the state,
(3) sales of the product stored in public warehouses
within the state where the shipment to such
warehouses is not covered by “in transit”
tariffs, as prescribed and allowed by the
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Interstate Commerce Commission, to a purchaser
within or without the state,
the Oklahoma net income shall, at the option of the
taxpayer, be that portion of the total net income of
the taxpayer for federal income tax purposes derived
from the manufacture and/or processing and sales
everywhere as determined by the ratio of the sales
defined in this section made to the purchaser within
the state to the total sales everywhere. The term
“public warehouse” as used in this subparagraph means
a licensed public warehouse, the principal business of
which is warehousing merchandise for the public;
e.
In the case of insurance companies, Oklahoma taxable
income shall be taxable income of the taxpayer for
federal tax purposes, as adjusted for the adjustments
provided pursuant to the provisions of paragraphs 1
and 2 of this subsection, apportioned as follows:
(1) except as otherwise provided by division (2) of
this subparagraph, taxable income of an insurance
company for a taxable year shall be apportioned
to this state by multiplying such income by a
fraction, the numerator of which is the direct
premiums written for insurance on property or
risks in this state, and the denominator of which
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is the direct premiums written for insurance on
property or risks everywhere. For purposes of
this subsection, the term “direct premiums
written” means the total amount of direct
premiums written, assessments and annuity
considerations as reported for the taxable year
on the annual statement filed by the company with
the Insurance Commissioner in the form approved
by the National Association of Insurance
Commissioners, or such other form as may be
prescribed in lieu thereof,
(2) if the principal source of premiums written by an
insurance company consists of premiums for
reinsurance accepted by it, the taxable income of
such company shall be apportioned to this state
by multiplying such income by a fraction, the
numerator of which is the sum of (a) direct
premiums written for insurance on property or
risks in this state, plus (b) premiums written
for reinsurance accepted in respect of property
or risks in this state, and the denominator of
which is the sum of (c) direct premiums written
for insurance on property or risks everywhere,
plus (d) premiums written for reinsurance
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accepted in respect of property or risks
everywhere. For purposes of this paragraph,
premiums written for reinsurance accepted in
respect of property or risks in this state,
whether or not otherwise determinable, may at the
election of the company be determined on the
basis of the proportion which premiums written
for insurance accepted from companies
commercially domiciled in Oklahoma bears to
premiums written for reinsurance accepted from
all sources, or alternatively in the proportion
which the sum of the direct premiums written for
insurance on property or risks in this state by
each ceding company from which reinsurance is
accepted bears to the sum of the total direct
premiums written by each such ceding company for
the taxable year.
5. The net income or loss remaining after the separate
allocation in paragraph 4 of this subsection, being that which is
derived from a unitary business enterprise, shall be apportioned to
this state on the basis of the arithmetical average of three factors
consisting of property, payroll and sales or gross revenue
enumerated as subparagraphs a, b and c of this paragraph. Net
income or loss as used in this paragraph includes that derived from
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patent or copyright royalties, purchase discounts, and interest on
accounts receivable relating to or arising from a business activity,
the income from which is apportioned pursuant to this subsection,
including the sale or other disposition of such property and any
other property used in the unitary enterprise. Deductions used in
computing such net income or loss shall not include taxes based on
or measured by income. Provided, for corporations whose property
for purposes of the tax imposed by Section 2355 of this title has an
initial investment cost equaling or exceeding Two Hundred Million
Dollars ($200,000,000.00) and such investment is made on or after
July 1, 1997, or for corporations which expand their property or
facilities in this state and such expansion has an investment cost
equaling or exceeding Two Hundred Million Dollars ($200,000,000.00)
over a period not to exceed three (3) years, and such expansion is
commenced on or after January 1, 2000, the three factors shall be
apportioned with property and payroll, each comprising twenty-five
percent (25%) of the apportionment factor and sales comprising fifty
percent (50%) of the apportionment factor. The apportionment
factors shall be computed as follows:
a.
The property factor is a fraction, the numerator of
which is the average value of the taxpayer’s real and
tangible personal property owned or rented and used in
this state during the tax period and the denominator
of which is the average value of all the taxpayer’s
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real and tangible personal property everywhere owned
or rented and used during the tax period.
(1) Property, the income from which is separately
allocated in paragraph 4 of this subsection,
shall not be included in determining this
fraction. The numerator of the fraction shall
include a portion of the investment in
transportation and other equipment having no
fixed situs, such as rolling stock, buses, trucks
and trailers, including machinery and equipment
carried thereon, airplanes, salespersons’
automobiles and other similar equipment, in the
proportion that miles traveled in Oklahoma by
such equipment bears to total miles traveled,
(2) Property owned by the taxpayer is valued at its
original cost. Property rented by the taxpayer
is valued at eight times the net annual rental
rate. Net annual rental rate is the annual
rental rate paid by the taxpayer, less any annual
rental rate received by the taxpayer from
subrentals,
(3) The average value of property shall be determined
by averaging the values at the beginning and
ending of the tax period but the Oklahoma Tax
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Commission may require the averaging of monthly
values during the tax period if reasonably
required to reflect properly the average value of
the taxpayer’s property;
b.
The payroll factor is a fraction, the numerator of
which is the total compensation for services rendered
in the state during the tax period, and the
denominator of which is the total compensation for
services rendered everywhere during the tax period.
“Compensation”, as used in this subsection means those
paid-for services to the extent related to the unitary
business but does not include officers’ salaries,
wages and other compensation.
(1) In the case of a transportation enterprise, the
numerator of the fraction shall include a portion
of such expenditure in connection with employees
operating equipment over a fixed route, such as
railroad employees, airline pilots, or bus
drivers, in this state only a part of the time,
in the proportion that mileage traveled in
Oklahoma bears to total mileage traveled by such
employees,
(2) In any case the numerator of the fraction shall
include a portion of such expenditures in
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connection with itinerant employees, such as
traveling salespersons, in this state only a part
of the time, in the proportion that time spent in
Oklahoma bears to total time spent in furtherance
of the enterprise by such employees;
c.
The sales factor is a fraction, the numerator of which
is the total sales or gross revenue of the taxpayer in
this state during the tax period, and the denominator
of which is the total sales or gross revenue of the
taxpayer everywhere during the tax period. “Sales”,
as used in this subsection does not include sales or
gross revenue which are separately allocated in
paragraph 4 of this subsection.
(1) Sales of tangible personal property have a situs
in this state if the property is delivered or
shipped to a purchaser other than the United
States government, within this state regardless
of the FOB point or other conditions of the sale;
or the property is shipped from an office, store,
warehouse, factory or other place of storage in
this state and (a) the purchaser is the United
States government or (b) the taxpayer is not
doing business in the state of the destination of
the shipment.
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(2) In the case of a railroad or interurban railway
enterprise, the numerator of the fraction shall
not be less than the allocation of revenues to
this state as shown in its annual report to the
Corporation Commission.
(3) In the case of an airline, truck or bus
enterprise or freight car, tank car, refrigerator
car or other railroad equipment enterprise, the
numerator of the fraction shall include a portion
of revenue from interstate transportation in the
proportion that interstate mileage traveled in
Oklahoma bears to total interstate mileage
traveled.
(4) In the case of an oil, gasoline or gas pipeline
enterprise, the numerator of the fraction shall
be either the total of traffic units of the
enterprise within Oklahoma or the revenue
allocated to Oklahoma based upon miles moved, at
the option of the taxpayer, and the denominator
of which shall be the total of traffic units of
the enterprise or the revenue of the enterprise
everywhere as appropriate to the numerator. A
“traffic unit” is hereby defined as the
transportation for a distance of one (1) mile of
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one (1) barrel of oil, one (1) gallon of gasoline
or one thousand (1,000) cubic feet of natural or
casinghead gas, as the case may be.
(5) In the case of a telephone or telegraph or other
communication enterprise, the numerator of the
fraction shall include that portion of the
interstate revenue as is allocated pursuant to
the accounting procedures prescribed by the
Federal Communications Commission; provided that
in respect to each corporation or business entity
required by the Federal Communications Commission
to keep its books and records in accordance with
a uniform system of accounts prescribed by such
Commission, the intrastate net income shall be
determined separately in the manner provided by
such uniform system of accounts and only the
interstate income shall be subject to allocation
pursuant to the provisions of this subsection.
Provided further, that the gross revenue factors
shall be those as are determined pursuant to the
accounting procedures prescribed by the Federal
Communications Commission.
In any case where the apportionment of the three factors
prescribed in this paragraph attributes to Oklahoma a portion of net
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income of the enterprise out of all appropriate proportion to the
property owned and/or business transacted within this state, because
of the fact that one or more of the factors so prescribed are not
employed to any appreciable extent in furtherance of the enterprise;
or because one or more factors not so prescribed are employed to a
considerable extent in furtherance of the enterprise; or because of
other reasons, the Tax Commission is empowered to permit, after a
showing by taxpayer that an excessive portion of net income has been
attributed to Oklahoma, or require, when in its judgment an
insufficient portion of net income has been attributed to Oklahoma,
the elimination, substitution, or use of additional factors, or
reduction or increase in the weight of such prescribed factors.
Provided, however, that any such variance from such prescribed
factors which has the effect of increasing the portion of net income
attributable to Oklahoma must not be inherently arbitrary, and
application of the recomputed final apportionment to the net income
of the enterprise must attribute to Oklahoma only a reasonable
portion thereof.
6. For calendar years 1997 and 1998, the owner of a new or
expanded agricultural commodity processing facility in this state
may exclude from Oklahoma taxable income, or in the case of an
individual, the Oklahoma adjusted gross income, fifteen percent
(15%) of the investment by the owner in the new or expanded
agricultural commodity processing facility. For calendar year 1999,
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and all subsequent years, the percentage, not to exceed fifteen
percent (15%), available to the owner of a new or expanded
agricultural commodity processing facility in this state claiming
the exemption shall be adjusted annually so that the total estimated
reduction in tax liability does not exceed One Million Dollars
($1,000,000.00) annually. The Tax Commission shall promulgate rules
for determining the percentage of the investment which each eligible
taxpayer may exclude. The exclusion provided by this paragraph
shall be taken in the taxable year when the investment is made. In
the event the total reduction in tax liability authorized by this
paragraph exceeds One Million Dollars ($1,000,000.00) in any
calendar year, the Tax Commission shall permit any excess over One
Million Dollars ($1,000,000.00) and shall factor such excess into
the percentage for subsequent years. Any amount of the exemption
permitted to be excluded pursuant to the provisions of this
paragraph but not used in any year may be carried forward as an
exemption from income pursuant to the provisions of this paragraph
for a period not exceeding six (6) years following the year in which
the investment was originally made.
For purposes of this paragraph:
a.
“Agricultural commodity processing facility” means
building, structures, fixtures and improvements used
or operated primarily for the processing or production
of marketable products from agricultural commodities.
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The term shall also mean a dairy operation that
requires a depreciable investment of at least Two
Hundred Fifty Thousand Dollars ($250,000.00) and which
produces milk from dairy cows. The term does not
include a facility that provides only, and nothing
more than, storage, cleaning, drying or transportation
of agricultural commodities, and
b.
“Facility” means each part of the facility which is
used in a process primarily for:
(1) the processing of agricultural commodities,
including receiving or storing agricultural
commodities, or the production of milk at a dairy
operation,
(2) transporting the agricultural commodities or
product before, during or after the processing,
or
(3) packaging or otherwise preparing the product for
sale or shipment.
7. Despite any provision to the contrary in paragraph 3 of this
subsection, for taxable years beginning after December 31, 1999, in
the case of a taxpayer which has a farming loss, such farming loss
shall be considered a net operating loss carryback in accordance
with and to the extent of the Internal Revenue Code, 26 U.S.C.,
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Section 172(b)(G). However, the amount of the net operating loss
carryback shall not exceed the lesser of:
a.
Sixty Thousand Dollars ($60,000.00), or
b.
the loss properly shown on Schedule F of the Internal
Revenue Service Form 1040 reduced by one-half (1/2) of
the income from all other sources other than reflected
on Schedule F.
8. In taxable years beginning after December 31, 1995, all
qualified wages equal to the federal income tax credit set forth in
26 U.S.C.A., Section 45A, shall be deducted from taxable income.
The deduction allowed pursuant to this paragraph shall only be
permitted for the tax years in which the federal tax credit pursuant
to 26 U.S.C.A., Section 45A, is allowed. For purposes of this
paragraph, “qualified wages” means those wages used to calculate the
federal credit pursuant to 26 U.S.C.A., Section 45A.
9. In taxable years beginning after December 31, 2005, an
employer that is eligible for and utilizes the Safety Pays OSHA
Consultation Service provided by the Oklahoma Department of Labor
shall receive an exemption from taxable income in the amount of One
Thousand Dollars ($1,000.00) for the tax year that the service is
utilized.
10. For taxable years beginning on or after January 1, 2010,
there shall be added to Oklahoma taxable income an amount equal to
the amount of deferred income not included in such taxable income
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pursuant to Section 108(i)(1) of the Internal Revenue Code of 1986
as amended by Section 1231 of the American Recovery and Reinvestment
Act of 2009 (P.L. No. 111-5). There shall be subtracted from
Oklahoma taxable income an amount equal to the amount of deferred
income included in such taxable income pursuant to Section 108(i)(1)
of the Internal Revenue Code by Section 1231 of the American
Recovery and Reinvestment Act of 2009 (P.L. No. 111-5).
11. For taxable years beginning on or after January 1, 2019,
there shall be subtracted from Oklahoma taxable income or adjusted
gross income any item of income or gain, and there shall be added to
Oklahoma taxable income or adjusted gross income any item of loss or
deduction that in the absence of an election pursuant to the
provisions of the Pass-Through Entity Tax Equity Act of 2019 would
be allocated to a member or to an indirect member of an electing
pass-through entity pursuant to Section 2351 et seq. of this title,
if (i) the electing pass-through entity has accounted for such item
in computing its Oklahoma net entity income or loss pursuant to the
provisions of the Pass-Through Entity Tax Equity Act of 2019, and
(ii) the total amount of tax attributable to any resulting Oklahoma
net entity income has been paid. The Oklahoma Tax Commission shall
promulgate rules for the reporting of such exclusion to direct and
indirect members of the electing pass-through entity. As used in
this paragraph, “electing pass-through entity”, “indirect member”,
and “member” shall be defined in the same manner as prescribed by
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Section 2355.1P-2 of this title. Notwithstanding the application of
this paragraph, the adjusted tax basis of any ownership interest in
a pass-through entity for purposes of Section 2351 et seq. of this
title shall be equal to its adjusted tax basis for federal income
tax purposes.
B. 1. The taxable income of any corporation shall be further
adjusted to arrive at Oklahoma taxable income, except those
corporations electing treatment as provided in subchapter S of the
Internal Revenue Code, 26 U.S.C., Section 1361 et seq., and Section
2365 of this title, deductions pursuant to the provisions of the
Accelerated Cost Recovery System as defined and allowed in the
Economic Recovery Tax Act of 1981, Public Law 97-34, 26 U.S.C.,
Section 168, for depreciation of assets placed into service after
December 31, 1981, shall not be allowed in calculating Oklahoma
taxable income. Such corporations shall be allowed a deduction for
depreciation of assets placed into service after December 31, 1981,
in accordance with provisions of the Internal Revenue Code, 26
U.S.C., Section 1 et seq., in effect immediately prior to the
enactment of the Accelerated Cost Recovery System. The Oklahoma tax
basis for all such assets placed into service after December 31,
1981, calculated in this section shall be retained and utilized for
all Oklahoma income tax purposes through the final disposition of
such assets.
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Notwithstanding any other provisions of the Oklahoma Income Tax
Act, Section 2351 et seq. of this title, or of the Internal Revenue
Code to the contrary, this subsection shall control calculation of
depreciation of assets placed into service after December 31, 1981,
and before January 1, 1983.
For assets placed in service and held by a corporation in which
accelerated cost recovery system was previously disallowed, an
adjustment to taxable income is required in the first taxable year
beginning after December 31, 1982, to reconcile the basis of such
assets to the basis allowed in the Internal Revenue Code. The
purpose of this adjustment is to equalize the basis and allowance
for depreciation accounts between that reported to the Internal
Revenue Service and that reported to Oklahoma.
2. For tax years beginning on or after January 1, 2009, and
ending on or before December 31, 2009, there shall be added to
Oklahoma taxable income any amount in excess of One Hundred Seventy-
five Thousand Dollars ($175,000.00) which has been deducted as a
small business expense under Internal Revenue Code, Section 179 as
provided in the American Recovery and Reinvestment Act of 2009.
C. 1. For taxable years beginning after December 31, 1987, the
taxable income of any corporation shall be further adjusted to
arrive at Oklahoma taxable income for transfers of technology to
qualified small businesses located in Oklahoma. Such transferor
corporation shall be allowed an exemption from taxable income of an
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amount equal to the amount of royalty payment received as a result
of such transfer; provided, however, such amount shall not exceed
ten percent (10%) of the amount of gross proceeds received by such
transferor corporation as a result of the technology transfer. Such
exemption shall be allowed for a period not to exceed ten (10) years
from the date of receipt of the first royalty payment accruing from
such transfer. No exemption may be claimed for transfers of
technology to qualified small businesses made prior to January 1,
1988.
2. For purposes of this subsection:
a.
“Qualified small business” means an entity, whether
organized as a corporation, partnership, or
proprietorship, organized for profit with its
principal place of business located within this state
and which meets the following criteria:
(1) Capitalization of not more than Two Hundred Fifty
Thousand Dollars ($250,000.00),
(2) Having at least fifty percent (50%) of its
employees and assets located in Oklahoma at the
time of the transfer, and
(3) Not a subsidiary or affiliate of the transferor
corporation;
b.
“Technology” means a proprietary process, formula,
pattern, device or compilation of scientific or
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technical information which is not in the public
domain;
c.
“Transferor corporation” means a corporation which is
the exclusive and undisputed owner of the technology
at the time the transfer is made; and
d.
“Gross proceeds” means the total amount of
consideration for the transfer of technology, whether
the consideration is in money or otherwise.
D. 1. For taxable years beginning after December 31, 2005, the
taxable income of any corporation, estate or trust, shall be further
adjusted for qualifying gains receiving capital treatment. Such
corporations, estates or trusts shall be allowed a deduction from
Oklahoma taxable income for the amount of qualifying gains receiving
capital treatment earned by the corporation, estate or trust during
the taxable year and included in the federal taxable income of such
corporation, estate or trust.
2. As used in this subsection:
a.
“qualifying gains receiving capital treatment” means
the amount of net capital gains, as defined in Section
1222(11) of the Internal Revenue Code, included in the
federal income tax return of the corporation, estate
or trust that result from:
(1) the sale of real property or tangible personal
property located within Oklahoma that has been
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directly or indirectly owned by the corporation,
estate or trust for a holding period of at least
five (5) years prior to the date of the
transaction from which such net capital gains
arise,
(2) the sale of stock or on the sale of an ownership
interest in an Oklahoma company, limited
liability company, or partnership where such
stock or ownership interest has been directly or
indirectly owned by the corporation, estate or
trust for a holding period of at least three (3)
years prior to the date of the transaction from
which the net capital gains arise, or
(3) the sale of real property, tangible personal
property or intangible personal property located
within Oklahoma as part of the sale of all or
substantially all of the assets of an Oklahoma
company, limited liability company, or
partnership where such property has been directly
or indirectly owned by such entity owned by the
owners of such entity, and used in or derived
from such entity for a period of at least three
(3) years prior to the date of the transaction
from which the net capital gains arise,
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b.
“holding period” means an uninterrupted period of
time. The holding period shall include any additional
period when the property was held by another
individual or entity, if such additional period is
included in the taxpayer’s holding period for the
asset pursuant to the Internal Revenue Code,
c.
“Oklahoma company”, “limited liability company”, or
“partnership” means an entity whose primary
headquarters have been located in Oklahoma for at
least three (3) uninterrupted years prior to the date
of the transaction from which the net capital gains
arise,
d.
“direct” means the taxpayer directly owns the asset,
and
e.
“indirect” means the taxpayer owns an interest in a
pass-through entity (or chain of pass-through
entities) that sells the asset that gives rise to the
qualifying gains receiving capital treatment.
(1) With respect to sales of real property or
tangible personal property located within
Oklahoma, the deduction described in this
subsection shall not apply unless the pass-
through entity that makes the sale has held the
property for not less than five (5) uninterrupted
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years prior to the date of the transaction that
created the capital gain, and each pass-through
entity included in the chain of ownership has
been a member, partner, or shareholder of the
pass-through entity in the tier immediately below
it for an uninterrupted period of not less than
five (5) years.
(2) With respect to sales of stock or ownership
interest in or sales of all or substantially all
of the assets of an Oklahoma company, limited
liability company, or partnership, the deduction
described in this subsection shall not apply
unless the pass-through entity that makes the
sale has held the stock or ownership interest or
the assets for not less than three (3)
uninterrupted years prior to the date of the
transaction that created the capital gain, and
each pass-through entity included in the chain of
ownership has been a member, partner or
shareholder of the pass-through entity in the
tier immediately below it for an uninterrupted
period of not less than three (3) years.
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E. The Oklahoma adjusted gross income of any individual
taxpayer shall be further adjusted as follows to arrive at Oklahoma
taxable income:
1.
a.
In the case of individuals, there shall be added or
deducted, as the case may be, the difference necessary
to allow personal exemptions of One Thousand Dollars
($1,000.00) in lieu of the personal exemptions allowed
by the Internal Revenue Code.
b.
There shall be allowed an additional exemption of One
Thousand Dollars ($1,000.00) for each taxpayer or
spouse who is blind at the close of the tax year. For
purposes of this subparagraph, an individual is blind
only if the central visual acuity of the individual
does not exceed 20/200 in the better eye with
correcting lenses, or if the visual acuity of the
individual is greater than 20/200, but is accompanied
by a limitation in the fields of vision such that the
widest diameter of the visual field subtends an angle
no greater than twenty (20) degrees.
c.
There shall be allowed an additional exemption of One
Thousand Dollars ($1,000.00) for each taxpayer or
spouse who is sixty-five (65) years of age or older at
the close of the tax year based upon the filing status
and federal adjusted gross income of the taxpayer.
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Taxpayers with the following filing status may claim
this exemption if the federal adjusted gross income
does not exceed:
(1) Twenty-five Thousand Dollars ($25,000.00) if
married and filing jointly;,
(2) Twelve Thousand Five Hundred Dollars ($12,500.00)
if married and filing separately;,
(3) Fifteen Thousand Dollars ($15,000.00) if single;,
and
(4) Nineteen Thousand Dollars ($19,000.00) if a
qualifying head of household.
Provided, for taxable years beginning after December
31, 1999, amounts included in the calculation of
federal adjusted gross income pursuant to the
conversion of a traditional individual retirement
account to a Roth individual retirement account shall
be excluded from federal adjusted gross income for
purposes of the income thresholds provided in this
subparagraph.
2.
a.
For taxable years beginning on or before December 31,
2005, in the case of individuals who use the standard
deduction in determining taxable income, there shall
be added or deducted, as the case may be, the
difference necessary to allow a standard deduction in
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lieu of the standard deduction allowed by the Internal
Revenue Code, in an amount equal to the larger of
fifteen percent (15%) of the Oklahoma adjusted gross
income or One Thousand Dollars ($1,000.00), but not to
exceed Two Thousand Dollars ($2,000.00), except that
in the case of a married individual filing a separate
return such deduction shall be the larger of fifteen
percent (15%) of such Oklahoma adjusted gross income
or Five Hundred Dollars ($500.00), but not to exceed
the maximum amount of One Thousand Dollars
($1,000.00).
b.
For taxable years beginning on or after January 1,
2006, and before January 1, 2007, in the case of
individuals who use the standard deduction in
determining taxable income, there shall be added or
deducted, as the case may be, the difference necessary
to allow a standard deduction in lieu of the standard
deduction allowed by the Internal Revenue Code, in an
amount equal to:
(1) Three Thousand Dollars ($3,000.00), if the filing
status is married filing joint, head of household
or qualifying widow;, or
(2) Two Thousand Dollars ($2,000.00), if the filing
status is single or married filing separate.
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c.
For the taxable year beginning on January 1, 2007, and
ending December 31, 2007, in the case of individuals
who use the standard deduction in determining taxable
income, there shall be added or deducted, as the case
may be, the difference necessary to allow a standard
deduction in lieu of the standard deduction allowed by
the Internal Revenue Code, in an amount equal to:
(1) Five Thousand Five Hundred Dollars ($5,500.00),
if the filing status is married filing joint or
qualifying widow;, or
(2) Four Thousand One Hundred Twenty-five Dollars
($4,125.00) for a head of household;, or
(3) Two Thousand Seven Hundred Fifty Dollars
($2,750.00), if the filing status is single or
married filing separate.
d.
For the taxable year beginning on January 1, 2008, and
ending December 31, 2008, in the case of individuals
who use the standard deduction in determining taxable
income, there shall be added or deducted, as the case
may be, the difference necessary to allow a standard
deduction in lieu of the standard deduction allowed by
the Internal Revenue Code, in an amount equal to:
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(1) Six Thousand Five Hundred Dollars ($6,500.00), if
the filing status is married filing joint or
qualifying widow, or
(2) Four Thousand Eight Hundred Seventy-five Dollars
($4,875.00) for a head of household, or
(3) Three Thousand Two Hundred Fifty Dollars
($3,250.00), if the filing status is single or
married filing separate.
e.
For the taxable year beginning on January 1, 2009, and
ending December 31, 2009, in the case of individuals
who use the standard deduction in determining taxable
income, there shall be added or deducted, as the case
may be, the difference necessary to allow a standard
deduction in lieu of the standard deduction allowed by
the Internal Revenue Code, in an amount equal to:
(1) Eight Thousand Five Hundred Dollars ($8,500.00),
if the filing status is married filing joint or
qualifying widow, or
(2) Six Thousand Three Hundred Seventy-five Dollars
($6,375.00) for a head of household, or
(3) Four Thousand Two Hundred Fifty Dollars
($4,250.00), if the filing status is single or
married filing separate.
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Oklahoma adjusted gross income shall be increased by
any amounts paid for motor vehicle excise taxes which
were deducted as allowed by the Internal Revenue Code.
f.
For taxable years beginning on or after January 1,
2010, and ending on December 31, 2016, in the case of
individuals who use the standard deduction in
determining taxable income, there shall be added or
deducted, as the case may be, the difference necessary
to allow a standard deduction equal to the standard
deduction allowed by the Internal Revenue Code, based
upon the amount and filing status prescribed by such
Code for purposes of filing federal individual income
tax returns.
g.
For taxable years beginning on or after January 1,
2017, in the case of individuals who use the standard
deduction in determining taxable income, there shall
be added or deducted, as the case may be, the
difference necessary to allow a standard deduction in
lieu of the standard deduction allowed by the Internal
Revenue Code, as follows:
(1) Six Thousand Three Hundred Fifty Dollars
($6,350.00) for single or married filing
separately,
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(2) Twelve Thousand Seven Hundred Dollars
($12,700.00) for married filing jointly or
qualifying widower with dependent child, and
(3) Nine Thousand Three Hundred Fifty Dollars
($9,350.00) for head of household.
3.
a.
In the case of resident and part-year resident
individuals having adjusted gross income from sources
both within and without the state, the itemized or
standard deductions and personal exemptions shall be
reduced to an amount which is the same portion of the
total thereof as Oklahoma adjusted gross income is of
adjusted gross income. To the extent itemized
deductions include allowable moving expense, proration
of moving expense shall not be required or permitted
but allowable moving expense shall be fully deductible
for those taxpayers moving within or into Oklahoma and
no part of moving expense shall be deductible for
those taxpayers moving without or out of Oklahoma.
All other itemized or standard deductions and personal
exemptions shall be subject to proration as provided
by law.
b.
For taxable years beginning on or after January 1,
2018, the net amount of itemized deductions allowable
on an Oklahoma income tax return, subject to the
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provisions of paragraph 24 of this subsection, shall
not exceed Seventeen Thousand Dollars ($17,000.00).
For purposes of this subparagraph, charitable
contributions and medical expenses deductible for
federal income tax purposes shall be excluded from the
amount of Seventeen Thousand Dollars ($17,000.00) as
specified by this subparagraph.
4. A resident individual with a physical disability
constituting a substantial handicap to employment may deduct from
Oklahoma adjusted gross income such expenditures to modify a motor
vehicle, home or workplace as are necessary to compensate for his or
her handicap. A veteran certified by the Department of Veterans
Affairs of the federal government as having a service-connected
disability shall be conclusively presumed to be an individual with a
physical disability constituting a substantial handicap to
employment. The Tax Commission shall promulgate rules containing a
list of combinations of common disabilities and modifications which
may be presumed to qualify for this deduction. The Tax Commission
shall prescribe necessary requirements for verification.
5.
a.
Before July 1, 2010, the first One Thousand Five
Hundred Dollars ($1,500.00) received by any person
from the United States as salary or compensation in
any form, other than retirement benefits, as a member
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of any component of the Armed Forces of the United
States shall be deducted from taxable income.
b.
On or after July 1, 2010, one hundred percent (100%)
of the income received by any person from the United
States as salary or compensation in any form, other
than retirement benefits, as a member of any component
of the Armed Forces of the United States shall be
deducted from taxable income.
c.
Whenever the filing of a timely income tax return by a
member of the Armed Forces of the United States is
made impracticable or impossible of accomplishment by
reason of:
(1) absence from the United States, which term
includes only the states and the District of
Columbia;,
(2) absence from the State of Oklahoma while on
active duty;, or
(3) confinement in a hospital within the United
States for treatment of wounds, injuries or
disease,
the time for filing a return and paying an income tax
shall be and is hereby extended without incurring
liability for interest or penalties, to the fifteenth
day of the third month following the month in which:
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(a) Such individual shall return to the United
States if the extension is granted pursuant
to subparagraph a of this paragraph, return
to the State of Oklahoma if the extension is
granted pursuant to subparagraph b of this
paragraph or be discharged from such
hospital if the extension is granted
pursuant to subparagraph c of this
paragraph;, or
(b) An executor, administrator, or conservator
of the estate of the taxpayer is appointed,
whichever event occurs the earliest.
Provided, that the Tax Commission may, in its discretion, grant
any member of the Armed Forces of the United States an extension of
time for filing of income tax returns and payment of income tax
without incurring liabilities for interest or penalties. Such
extension may be granted only when in the judgment of the Tax
Commission a good cause exists therefor and may be for a period in
excess of six (6) months. A record of every such extension granted,
and the reason therefor, shall be kept.
6. Before July 1, 2010, the salary or any other form of
compensation, received from the United States by a member of any
component of the Armed Forces of the United States, shall be
deducted from taxable income during the time in which the person is
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detained by the enemy in a conflict, is a prisoner of war or is
missing in action and not deceased; provided, after July 1, 2010,
all such salary or compensation shall be subject to the deduction as
provided pursuant to paragraph 5 of this subsection.
7.
a.
An individual taxpayer, whether resident or
nonresident, may deduct an amount equal to the federal
income taxes paid by the taxpayer during the taxable
year.
b.
Federal taxes as described in subparagraph a of this
paragraph shall be deductible by any individual
taxpayer, whether resident or nonresident, only to the
extent they relate to income subject to taxation
pursuant to the provisions of the Oklahoma Income Tax
Act. The maximum amount allowable in the preceding
paragraph shall be prorated on the ratio of the
Oklahoma adjusted gross income to federal adjusted
gross income.
c.
For the purpose of this paragraph, “federal income
taxes paid” shall mean federal income taxes, surtaxes
imposed on incomes or excess profits taxes, as though
the taxpayer was on the accrual basis. In determining
the amount of deduction for federal income taxes for
tax year 2001, the amount of the deduction shall not
be adjusted by the amount of any accelerated ten
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percent (10%) tax rate bracket credit or advanced
refund of the credit received during the tax year
provided pursuant to the federal Economic Growth and
Tax Relief Reconciliation Act of 2001, P.L. No. 107-
16, and the advanced refund of such credit shall not
be subject to taxation.
d.
The provisions of this paragraph shall apply to all
taxable years ending after December 31, 1978, and
beginning before January 1, 2006.
8. Retirement benefits not to exceed Five Thousand Five Hundred
Dollars ($5,500.00) for the 2004 tax year, Seven Thousand Five
Hundred Dollars ($7,500.00) for the 2005 tax year and Ten Thousand
Dollars ($10,000.00) for the 2006 tax year and all subsequent tax
years, which are received by an individual from the civil service of
the United States, the Oklahoma Public Employees Retirement System,
the Teachers’ Retirement System of Oklahoma, the Oklahoma Law
Enforcement Retirement System, the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Police Pension and Retirement
System, the employee retirement systems created by counties pursuant
to Section 951 et seq. of Title 19 of the Oklahoma Statutes, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Wildlife Conservation Department Retirement Fund, the Oklahoma
Employment Security Commission Retirement Plan, or the employee
retirement systems created by municipalities pursuant to Section 48-
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101 et seq. of Title 11 of the Oklahoma Statutes shall be exempt
from taxable income.
9. In taxable years beginning after December 3l, 1984, Social
Security benefits received by an individual shall be exempt from
taxable income, to the extent such benefits are included in the
federal adjusted gross income pursuant to the provisions of Section
86 of the Internal Revenue Code, 26 U.S.C., Section 86.
10. For taxable years beginning after December 31, 1994, lump-
sum distributions from employer plans of deferred compensation,
which are not qualified plans within the meaning of Section 401(a)
of the Internal Revenue Code, 26 U.S.C., Section 401(a), and which
are deposited in and accounted for within a separate bank account or
brokerage account in a financial institution within this state,
shall be excluded from taxable income in the same manner as a
qualifying rollover contribution to an individual retirement account
within the meaning of Section 408 of the Internal Revenue Code, 26
U.S.C., Section 408. Amounts withdrawn from such bank or brokerage
account, including any earnings thereon, shall be included in
taxable income when withdrawn in the same manner as withdrawals from
individual retirement accounts within the meaning of Section 408 of
the Internal Revenue Code.
11. In taxable years beginning after December 31, 1995,
contributions made to and interest received from a medical savings
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account established pursuant to Sections 2621 through 2623 of Title
63 of the Oklahoma Statutes shall be exempt from taxable income.
12. For taxable years beginning after December 31, 1996, the
Oklahoma adjusted gross income of any individual taxpayer who is a
swine or poultry producer may be further adjusted for the deduction
for depreciation allowed for new construction or expansion costs
which may be computed using the same depreciation method elected for
federal income tax purposes except that the useful life shall be
seven (7) years for purposes of this paragraph. If depreciation is
allowed as a deduction in determining the adjusted gross income of
an individual, any depreciation calculated and claimed pursuant to
this section shall in no event be a duplication of any depreciation
allowed or permitted on the federal income tax return of the
individual.
13. a.
In taxable years beginning before January 1, 2005,
retirement benefits not to exceed the amounts
specified in this paragraph, which are received by an
individual sixty-five (65) years of age or older and
whose Oklahoma adjusted gross income is Twenty-five
Thousand Dollars ($25,000.00) or less if the filing
status is single, head of household, or married filing
separate, or Fifty Thousand Dollars ($50,000.00) or
less if the filing status is married filing joint or
qualifying widow, shall be exempt from taxable income.
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In taxable years beginning after December 31, 2004,
retirement benefits not to exceed the amounts
specified in this paragraph, which are received by an
individual whose Oklahoma adjusted gross income is
less than the qualifying amount specified in this
paragraph, shall be exempt from taxable income.
b.
For purposes of this paragraph, the qualifying amount
shall be as follows:
(1) in taxable years beginning after December 31,
2004, and prior to January 1, 2007, the
qualifying amount shall be Thirty-seven Thousand
Five Hundred Dollars ($37,500.00) or less if the
filing status is single, head of household, or
married filing separate, or Seventy-five Thousand
Dollars ($75,000.00) or less if the filing status
is married filing jointly or qualifying widow,
(2) in the taxable year beginning January 1, 2007,
the qualifying amount shall be Fifty Thousand
Dollars ($50,000.00) or less if the filing status
is single, head of household, or married filing
separate, or One Hundred Thousand Dollars
($100,000.00) or less if the filing status is
married filing jointly or qualifying widow,
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(3) in the taxable year beginning January 1, 2008,
the qualifying amount shall be Sixty-two Thousand
Five Hundred Dollars ($62,500.00) or less if the
filing status is single, head of household, or
married filing separate, or One Hundred Twenty-
five Thousand Dollars ($125,000.00) or less if
the filing status is married filing jointly or
qualifying widow,
(4) in the taxable year beginning January 1, 2009,
the qualifying amount shall be One Hundred
Thousand Dollars ($100,000.00) or less if the
filing status is single, head of household, or
married filing separate, or Two Hundred Thousand
Dollars ($200,000.00) or less if the filing
status is married filing jointly or qualifying
widow, and
(5) in the taxable year beginning January 1, 2010,
and subsequent taxable years, there shall be no
limitation upon the qualifying amount.
c.
For purposes of this paragraph, “retirement benefits”
means the total distributions or withdrawals from the
following:
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(1) an employee pension benefit plan which satisfies
the requirements of Section 401 of the Internal
Revenue Code, 26 U.S.C., Section 401,
(2) an eligible deferred compensation plan that
satisfies the requirements of Section 457 of the
Internal Revenue Code, 26 U.S.C., Section 457,
(3) an individual retirement account, annuity or
trust or simplified employee pension that
satisfies the requirements of Section 408 of the
Internal Revenue Code, 26 U.S.C., Section 408,
(4) an employee annuity subject to the provisions of
Section 403(a) or (b) of the Internal Revenue
Code, 26 U.S.C., Section 403(a) or (b),
(5) United States Retirement Bonds which satisfy the
requirements of Section 86 of the Internal
Revenue Code, 26 U.S.C., Section 86, or
(6) lump-sum distributions from a retirement plan
which satisfies the requirements of Section
402(e) of the Internal Revenue Code, 26 U.S.C.,
Section 402(e).
d.
The amount of the exemption provided by this paragraph
shall be limited to Five Thousand Five Hundred Dollars
($5,500.00) for the 2004 tax year, Seven Thousand Five
Hundred Dollars ($7,500.00) for the 2005 tax year and
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Ten Thousand Dollars ($10,000.00) for the tax year
2006 and for all subsequent tax years. Any individual
who claims the exemption provided for in paragraph 8
of this subsection shall not be permitted to claim a
combined total exemption pursuant to this paragraph
and paragraph 8 of this subsection in an amount
exceeding Five Thousand Five Hundred Dollars
($5,500.00) for the 2004 tax year, Seven Thousand Five
Hundred Dollars ($7,500.00) for the 2005 tax year and
Ten Thousand Dollars ($10,000.00) for the 2006 tax
year and all subsequent tax years.
14. In taxable years beginning after December 31, 1999, for an
individual engaged in production agriculture who has filed a
Schedule F form with the taxpayer’s federal income tax return for
such taxable year, there shall be excluded from taxable income any
amount which was included as federal taxable income or federal
adjusted gross income and which consists of the discharge of an
obligation by a creditor of the taxpayer incurred to finance the
production of agricultural products.
15. In taxable years beginning December 31, 2000, an amount
equal to one hundred percent (100%) of the amount of any scholarship
or stipend received from participation in the Oklahoma Police Corps
Program, as established in Section 2-140.3 of Title 47 of the
Oklahoma Statutes shall be exempt from taxable income.
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16. a.
In taxable years beginning after December 31, 2001,
and before January 1, 2005, there shall be allowed a
deduction in the amount of contributions to accounts
established pursuant to the Oklahoma College Savings
Plan Act. The deduction shall equal the amount of
contributions to accounts, but in no event shall the
deduction for each contributor exceed Two Thousand
Five Hundred Dollars ($2,500.00) each taxable year for
each account.
b.
In taxable years beginning after December 31, 2004,
each taxpayer shall be allowed a deduction for
contributions to accounts established pursuant to the
Oklahoma College Savings Plan Act. The maximum annual
deduction shall equal the amount of contributions to
all such accounts plus any contributions to such
accounts by the taxpayer for prior taxable years after
December 31, 2004, which were not deducted, but in no
event shall the deduction for each tax year exceed Ten
Thousand Dollars ($10,000.00) for each individual
taxpayer or Twenty Thousand Dollars ($20,000.00) for
taxpayers filing a joint return. Any amount of a
contribution that is not deducted by the taxpayer in
the year for which the contribution is made may be
carried forward as a deduction from income for the
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succeeding five (5) years. For taxable years
beginning after December 31, 2005, deductions may be
taken for contributions and rollovers made during a
taxable year and up to April 15 of the succeeding
year, or the due date of a taxpayer’s state income tax
return, excluding extensions, whichever is later.
Provided, a deduction for the same contribution may
not be taken for two (2) different taxable years.
c.
In taxable years beginning after December 31, 2006,
deductions for contributions made pursuant to
subparagraph b of this paragraph shall be limited as
follows:
(1) for a taxpayer who qualified for the five-year
carryforward election and who takes a rollover or
nonqualified withdrawal during that period, the
tax deduction otherwise available pursuant to
subparagraph b of this paragraph shall be reduced
by the amount which is equal to the rollover or
nonqualified withdrawal, and
(2) for a taxpayer who elects to take a rollover or
nonqualified withdrawal within the same tax year
in which a contribution was made to the
taxpayer’s account, the tax deduction otherwise
available pursuant to subparagraph b of this
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paragraph shall be reduced by the amount of the
contribution which is equal to the rollover or
nonqualified withdrawal.
d.
If a taxpayer elects to take a rollover on a
contribution for which a deduction has been taken
pursuant to subparagraph b of this paragraph within
one (1) year of the date of contribution, the amount
of such rollover shall be included in the adjusted
gross income of the taxpayer in the taxable year of
the rollover.
e.
If a taxpayer makes a nonqualified withdrawal of
contributions for which a deduction was taken pursuant
to subparagraph b of this paragraph, such nonqualified
withdrawal and any earnings thereon shall be included
in the adjusted gross income of the taxpayer in the
taxable year of the nonqualified withdrawal.
f.
As used in this paragraph:
(1) “non-qualified withdrawal” means a withdrawal
from an Oklahoma College Savings Plan account
other than one of the following:
(a) a qualified withdrawal,
(b) a withdrawal made as a result of the death
or disability of the designated beneficiary
of an account,
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(c) a withdrawal that is made on the account of
a scholarship or the allowance or payment
described in Section 135(d)(1)(B) or (C) or
by the Internal Revenue Code, received by
the designated beneficiary to the extent the
amount of the refund does not exceed the
amount of the scholarship, allowance, or
payment, or
(d) a rollover or change of designated
beneficiary as permitted by subsection F of
Section 3970.7 of Title 70 of Oklahoma
Statutes, and
(2) “rollover” means the transfer of funds from the
Oklahoma College Savings Plan to any other plan
under Section 529 of the Internal Revenue Code.
17. For taxable years beginning after December 31, 2005 tax
years 2006 through 2021, retirement benefits received by an
individual from any component of the Armed Forces of the United
States in an amount not to exceed the greater of seventy-five
percent (75%) of such benefits or Ten Thousand Dollars ($10,000.00)
shall be exempt from taxable income but in no case less than the
amount of the exemption provided by paragraph 13 of this subsection.
For tax year 2022 and subsequent tax years, retirement benefits
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received by an individual from any component of the Armed Forces of
the United States shall be exempt from taxable income.
18. For taxable years beginning after December 31, 2006,
retirement benefits received by federal civil service retirees,
including survivor annuities, paid in lieu of Social Security
benefits shall be exempt from taxable income to the extent such
benefits are included in the federal adjusted gross income pursuant
to the provisions of Section 86 of the Internal Revenue Code, 26
U.S.C., Section 86, according to the following schedule:
a.
in the taxable year beginning January 1, 2007, twenty
percent (20%) of such benefits shall be exempt,
b.
in the taxable year beginning January 1, 2008, forty
percent (40%) of such benefits shall be exempt,
c.
in the taxable year beginning January 1, 2009, sixty
percent (60%) of such benefits shall be exempt,
d.
in the taxable year beginning January 1, 2010, eighty
percent (80%) of such benefits shall be exempt, and
e.
in the taxable year beginning January 1, 2011, and
subsequent taxable years, one hundred percent (100%)
of such benefits shall be exempt.
19. a.
For taxable years beginning after December 31, 2007, a
resident individual may deduct up to Ten Thousand
Dollars ($10,000.00) from Oklahoma adjusted gross
income if the individual, or the dependent of the
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individual, while living, donates one or more human
organs of the individual to another human being for
human organ transplantation. As used in this
paragraph, “human organ” means all or part of a liver,
pancreas, kidney, intestine, lung, or bone marrow. A
deduction that is claimed under this paragraph may be
claimed in the taxable year in which the human organ
transplantation occurs.
b.
An individual may claim this deduction only once, and
the deduction may be claimed only for unreimbursed
expenses that are incurred by the individual and
related to the organ donation of the individual.
c.
The Oklahoma Tax Commission shall promulgate rules to
implement the provisions of this paragraph which shall
contain a specific list of expenses which may be
presumed to qualify for the deduction. The Tax
Commission shall prescribe necessary requirements for
verification.
20. For taxable years beginning after December 31, 2009, there
shall be exempt from taxable income any amount received by the
beneficiary of the death benefit for an emergency medical technician
or a registered emergency medical responder provided by Section 1-
2505.1 of Title 63 of the Oklahoma Statutes.
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21. For taxable years beginning after December 31, 2008,
taxable income shall be increased by any unemployment compensation
exempted under Section 85(c) of the Internal Revenue Code, 26
U.S.C., Section 85(c)(2009).
22. For taxable years beginning after December 31, 2008, there
shall be exempt from taxable income any payment in an amount less
than Six Hundred Dollars ($600.00) received by a person as an award
for participation in a competitive livestock show event. For
purposes of this paragraph, the payment shall be treated as a
scholarship amount paid by the entity sponsoring the event and the
sponsoring entity shall cause the payment to be categorized as a
scholarship in its books and records.
23. For taxable years beginning on or after January 1, 2016,
taxable income shall be increased by any amount of state and local
sales or income taxes deducted under 26 U.S.C., Section 164 of the
Internal Revenue Code. If the amount of state and local taxes
deducted on the federal return is limited, taxable income on the
state return shall be increased only by the amount actually deducted
after any such limitations are applied.
24. For taxable years beginning after December 31, 2020, each
taxpayer shall be allowed a deduction for contributions to accounts
established pursuant to the Achieving a Better Life Experience
(ABLE) Program as established in Section 4001.1 et seq. of Title 56
of the Oklahoma Statutes. For any tax year, the deduction provided
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for in this paragraph shall not exceed Ten Thousand Dollars
($10,000.00) for an individual taxpayer or Twenty Thousand Dollars
($20,000.00) for taxpayers filing a joint return. Any amount of
contribution not deducted by the taxpayer in the tax year for which
the contribution is made may be carried forward as a deduction from
income for up to five (5) tax years. Deductions may be taken for
contributions made during the tax year and through April 15 of the
succeeding tax year, or through the due date of a taxpayer’s state
income tax return excluding extensions, whichever is later.
Provided, a deduction for the same contribution may not be taken in
more than one (1) tax year.
F. 1. For taxable years beginning after December 31, 2004, a
deduction from the Oklahoma adjusted gross income of any individual
taxpayer shall be allowed for qualifying gains receiving capital
treatment that are included in the federal adjusted gross income of
such individual taxpayer during the taxable year.
2. As used in this subsection:
a.
“qualifying gains receiving capital treatment” means
the amount of net capital gains, as defined in Section
1222(11) of the Internal Revenue Code, included in an
individual taxpayer’s federal income tax return that
result from:
(1) the sale of real property or tangible personal
property located within Oklahoma that has been
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directly or indirectly owned by the individual
taxpayer for a holding period of at least five
(5) years prior to the date of the transaction
from which such net capital gains arise,
(2) the sale of stock or the sale of a direct or
indirect ownership interest in an Oklahoma
company, limited liability company, or
partnership where such stock or ownership
interest has been directly or indirectly owned by
the individual taxpayer for a holding period of
at least two (2) years prior to the date of the
transaction from which the net capital gains
arise, or
(3) the sale of real property, tangible personal
property or intangible personal property located
within Oklahoma as part of the sale of all or
substantially all of the assets of an Oklahoma
company, limited liability company, or
partnership or an Oklahoma proprietorship
business enterprise where such property has been
directly or indirectly owned by such entity or
business enterprise or owned by the owners of
such entity or business enterprise for a period
of at least two (2) years prior to the date of
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the transaction from which the net capital gains
arise,
b.
“holding period” means an uninterrupted period of
time. The holding period shall include any additional
period when the property was held by another
individual or entity, if such additional period is
included in the taxpayer’s holding period for the
asset pursuant to the Internal Revenue Code,
c.
“Oklahoma company,” “limited liability company,” or
“partnership” means an entity whose primary
headquarters have been located in Oklahoma for at
least three (3) uninterrupted years prior to the date
of the transaction from which the net capital gains
arise,
d.
“direct” means the individual taxpayer directly owns
the asset,
e.
“indirect” means the individual taxpayer owns an
interest in a pass-through entity (or chain of pass-
through entities) that sells the asset that gives rise
to the qualifying gains receiving capital treatment.
(1) With respect to sales of real property or
tangible personal property located within
Oklahoma, the deduction described in this
subsection shall not apply unless the pass-
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through entity that makes the sale has held the
property for not less than five (5) uninterrupted
years prior to the date of the transaction that
created the capital gain, and each pass-through
entity included in the chain of ownership has
been a member, partner, or shareholder of the
pass-through entity in the tier immediately below
it for an uninterrupted period of not less than
five (5) years.
(2) With respect to sales of stock or ownership
interest in or sales of all or substantially all
of the assets of an Oklahoma company, limited
liability company, partnership or Oklahoma
proprietorship business enterprise, the deduction
described in this subsection shall not apply
unless the pass-through entity that makes the
sale has held the stock or ownership interest for
not less than two (2) uninterrupted years prior
to the date of the transaction that created the
capital gain, and each pass-through entity
included in the chain of ownership has been a
member, partner or shareholder of the pass-
through entity in the tier immediately below it
for an uninterrupted period of not less than two
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(2) years. For purposes of this division,
uninterrupted ownership prior to July 1, 2007,
shall be included in the determination of the
required holding period prescribed by this
division, and
f.
“Oklahoma proprietorship business enterprise” means a
business enterprise whose income and expenses have
been reported on Schedule C or F of an individual
taxpayer’s federal income tax return, or any similar
successor schedule published by the Internal Revenue
Service and whose primary headquarters have been
located in Oklahoma for at least three (3)
uninterrupted years prior to the date of the
transaction from which the net capital gains arise.
G. 1. For purposes of computing its Oklahoma taxable income
under this section, the dividends-paid deduction otherwise allowed
by federal law in computing net income of a real estate investment
trust that is subject to federal income tax shall be added back in
computing the tax imposed by this state under this title if the real
estate investment trust is a captive real estate investment trust.
2. For purposes of computing its Oklahoma taxable income under
this section, a taxpayer shall add back otherwise deductible rents
and interest expenses paid to a captive real estate investment trust
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that is not subject to the provisions of paragraph 1 of this
subsection. As used in this subsection:
a.
the term “real estate investment trust” or “REIT”
means the meaning ascribed to such term in Section 856
of the Internal Revenue Code,
b.
the term “captive real estate investment trust” means
a real estate investment trust, the shares or
beneficial interests of which are not regularly traded
on an established securities market and more than
fifty percent (50%) of the voting power or value of
the beneficial interests or shares of which are owned
or controlled, directly or indirectly, or
constructively, by a single entity that is:
(1) treated as an association taxable as a
corporation under the Internal Revenue Code, and
(2) not exempt from federal income tax pursuant to
the provisions of Section 501(a) of the Internal
Revenue Code.
The term shall not include a real estate investment
trust that is intended to be regularly traded on an
established securities market, and that satisfies the
requirements of Section 856(a)(5) and (6) of the U.S.
Internal Revenue Code by reason of Section 856(h)(2)
of the Internal Revenue Code,
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c.
the term “association taxable as a corporation” shall
not include the following entities:
(1) any real estate investment trust as defined in
paragraph a of this subsection other than a
“captive real estate investment trust”, or
(2) any qualified real estate investment trust
subsidiary under Section 856(i) of the Internal
Revenue Code, other than a qualified REIT
subsidiary of a “captive real estate investment
trust”, or
(3) any Listed Australian Property Trust (meaning an
Australian unit trust registered as a “Managed
Investment Scheme” under the Australian
Corporations Act in which the principal class of
units is listed on a recognized stock exchange in
Australia and is regularly traded on an
established securities market), or an entity
organized as a trust, provided that a Listed
Australian Property Trust owns or controls,
directly or indirectly, seventy-five percent
(75%) or more of the voting power or value of the
beneficial interests or shares of such trust, or
(4) any Qualified Foreign Entity, meaning a
corporation, trust, association or partnership
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organized outside the laws of the United States
and which satisfies the following criteria:
(a) at least seventy-five percent (75%) of the
entity’s total asset value at the close of
its taxable year is represented by real
estate assets, as defined in Section
856(c)(5)(B) of the Internal Revenue Code,
thereby including shares or certificates of
beneficial interest in any real estate
investment trust, cash and cash equivalents,
and U.S. Government securities,
(b) the entity receives a dividend-paid
deduction comparable to Section 561 of the
Internal Revenue Code, or is exempt from
entity level tax,
(c) the entity is required to distribute at
least eighty-five percent (85%) of its
taxable income, as computed in the
jurisdiction in which it is organized, to
the holders of its shares or certificates of
beneficial interest on an annual basis,
(d) not more than ten percent (10%) of the
voting power or value in such entity is held
directly or indirectly or constructively by
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a single entity or individual, or the shares
or beneficial interests of such entity are
regularly traded on an established
securities market, and
(e) the entity is organized in a country which
has a tax treaty with the United States.
3. For purposes of this subsection, the constructive ownership
rules of Section 318(a) of the Internal Revenue Code, as modified by
Section 856(d)(5) of the Internal Revenue Code, shall apply in
determining the ownership of stock, assets, or net profits of any
person.
4. A real estate investment trust that does not become
regularly traded on an established securities market within one (1)
year of the date on which it first becomes a real estate investment
trust shall be deemed not to have been regularly traded on an
established securities market, retroactive to the date it first
became a real estate investment trust, and shall file an amended
return reflecting such retroactive designation for any tax year or
part year occurring during its initial year of status as a real
estate investment trust. For purposes of this subsection, a real
estate investment trust becomes a real estate investment trust on
the first day it has both met the requirements of Section 856 of the
Internal Revenue Code and has elected to be treated as a real estate
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investment trust pursuant to Section 856(c)(1) of the Internal
Revenue Code.
SECTION 114. REPEALER 68 O.S. 2021, Section 2358, as
last amended by Section 1, Chapter 377, O.S.L. 2022 (68 O.S. Supp.
2022, Section 2358), is hereby repealed.
SECTION 115. AMENDATORY 70 O.S. 2021, Section 6-122.3,
as last amended by Section 1, Chapter 121, O.S.L. 2022 (70 O.S.
Supp. 2022, Section 6-122.3), is amended to read as follows:
Section 6-122.3. A. The State Board of Education shall grant
an alternative placement teaching certificate to a person who makes
application to the Board and meets the following criteria:
1.
a.
holds at least a baccalaureate degree from an
institution whose accreditation is recognized by the
Oklahoma State Regents for Higher Education and has
attained a retention grade point average of not less
than 2.50 on a 4.0 scale, or
b.
has successfully completed a terminal degree, such as
a doctorate of philosophy, a doctorate in education,
professional doctorates, a master of fine arts degree
or a master of library science degree, from an
institution accredited by a national or regional
accrediting agency which is recognized by the
Secretary of the United States Department of
Education. The Oklahoma State Regents for Higher
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Education shall be consulted to verify other terminal
degrees, or
c.
holds at least a baccalaureate degree from an
institution whose accreditation is recognized by the
Oklahoma State Regents for Higher Education and has
qualified work experience in a field that corresponds
to an area of certification as determined by the State
Board of Education, and
d.
in addition to the requirements of subparagraphs a, b
and c of this paragraph, has demonstrated competency
or completed a major in a field that corresponds to an
area of specialization for an Elementary-Secondary
Certificate or a Secondary Certificate as determined
by the State Board of Education or a vocational-
technical certificate as recommended by the Oklahoma
Department of Career and Technology Education;
2. Declares the intention to earn standard certification by
means of an alternative placement program in not more than three (3)
years. The State Board of Education shall determine the subject
matter and the number of clock or semester hours required for the
professional education component for each person making application
for an alternative placement teaching certificate based on the
criteria of paragraph 1 of this subsection.
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The State Board of Education shall establish a core minimum of
six (6) semester hours or ninety (90) clock hours and a maximum of
eighteen (18) semester hours or two hundred seventy (270) clock
hours for the professional education component.
The requirements set forth in this subsection shall exclude all
student teaching requirements pursuant to the provisions of
subsection E of this section;
3. Has passed the general education and subject area portions
portion of the competency examination required in Section 6-187 of
this title in the area of specialization for which certification is
sought; and
4. Either presents a document from an accredited public school
district in this state offering employment in the area of
specialization for which certification is sought on condition that
the person enroll in an alternative placement program approved by
the State Board of Education or declares the intention to seek
employment as a teacher at an accredited public school district in
this state. The certificate granted pursuant to this subsection
shall be considered a “valid certificate of qualification” for the
purposes of Sections 6-107 and 6-108 of this title, and the holder
of the certificate shall be considered an inductee for the purposes
of Section 6-195 of this title.
B. An alternative placement teaching certificate shall be
renewed for not more than a maximum of three (3) years upon
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presentation of a document from an accredited public school district
in this state offering renewed employment in the same area of
specialization and a document from a teacher education institution
verifying satisfactory progress in an appropriate alternative
placement program.
C. Persons enrolled in an alternative placement program shall:
1. Have never been denied admittance to a teacher education
program approved by the Oklahoma State Regents for Higher Education,
the North Central Association of Colleges and Schools and by the
Oklahoma Commission for Teacher Preparation to offer teacher
education programs, nor have enrolled in and subsequently failed
courses necessary to successfully meet the minimum requirements of
the program, except those persons who hold a certificate;
2. Have on file with the director of teacher education at an
Oklahoma institution of higher education a plan for meeting standard
certification requirements within three (3) years; and
3. Participate in an induction program as required in Section
6-195 of this title and have the same duties and responsibilities as
other inductees.
D. The State Board of Education may grant an exception to the
requirements for certification and, upon demonstration by an
individual of specific competency in the subject area of
specialization, may grant a certificate to the individual. The
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State Board may establish other requirements necessary to grant
exceptions.
E. The State Board of Education, in consultation with the
Commission for Educational Quality and Accountability, may grant an
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State Board may establish other requirements necessary to grant
exceptions.
E. The State Board of Education, in consultation with the
Commission for Educational Quality and Accountability, may grant an
exception to the requirement to complete a subject area examination
for initial certification in a field which does not require an
advanced degree pursuant to this section if the candidate has an
advanced degree in a subject that is substantially comparable to the
content assessed on a subject area examination. The degree shall be
from an institution accredited by a national or regional accrediting
agency which is recognized by the Secretary of the U.S. Department
of Education. The Commission shall provide the Board with the
necessary information to determine comparability.
F. Student teaching and a prestudent teaching field experience
shall not be required of alternative placement program participants
for standard certification.
G. The State Board of Education shall promulgate rules
authorizing adjunct teachers who shall be persons with distinguished
qualifications in their field. Adjunct teachers shall not be
required to meet standard certification. A person employed as an
adjunct teacher pursuant to this subsection who does not hold a
valid certificate to teach shall not be considered a teacher as
defined by Section 1-116 of this title.
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H. Each teacher education institution shall provide the
Oklahoma Commission for Teacher Preparation an annual report of
information as specified by the Commission regarding participation
in the alternative placement programs offered by the institution.
I. The Oklahoma Commission for Teacher Preparation shall not
accredit, renew the accreditation of, or otherwise approve any
teacher education program of any institution of higher education in
this state that has not implemented alternative placement programs
in at least four areas of specialization including mathematics,
science and a foreign language. Each institution shall allow
individuals who meet the criteria of subsections A and C of this
section to be:
1. Admitted to an alternative placement program without further
qualification; and
2. Offered the opportunity to complete the requirements for
standard certification set forth in subsection A of this section
during the summer preceding and the summer following the first year
of teaching with an alternative placement teaching certificate. Any
person seeking standard certification through an alternative
placement program shall be permitted to take necessary courses
during regular semesters if offered.
J. The criteria specified in subsection I of this section can
be met through a cooperative arrangement entered into by two or more
institutions of higher education.
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SECTION 116. REPEALER 70 O.S. 2021, Section 6-122.3, as
last amended by Section 1, Chapter 220, O.S.L. 2022 (70 O.S. Supp.
2022, Section 6-122.3), is hereby repealed.
SECTION 117. AMENDATORY 70 O.S. 2021, Section 6-187, as
last amended by Section 49, Chapter 228, O.S.L. 2022 (70 O.S. Supp.
2022, Section 6-187), is amended to read as follows:
Section 6-187. A. Prior to July 1, 2014, a competency
examination shall be adopted by the Oklahoma Commission for Teacher
Preparation and beginning July 1, 2014, a competency examination
shall be adopted by the Commission for Educational Quality and
Accountability for the general education, professional education and
various subject areas and grade levels for purposes of ensuring
academic achievement and competency of each teacher candidate or
teacher in the subject area the person is seeking certification to
teach which shall also include certification as an administrator, as
prescribed by the State Board of Education.
The Commission, consistent with the purposes of this section,
shall promulgate rules and procedures to guarantee the
confidentiality of examinations.
B. No teacher candidate shall be eligible for certification
until successfully completing the competency examination except
those candidates who make application to the State Board and meet
the criteria for the alternative placement program pursuant to
Section 6-122.3 of this title. Certification shall be limited to
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areas of approval in which the certified teacher has successfully
completed the examination. Subject to the provisions of subsection
C of this section, testing for certification for subjects in which a
teacher candidate or teacher is seeking a minor teaching assignment
or an endorsement to teach shall be limited to the specific subject
area test.
A teacher candidate or teacher may take the general education,
professional education or subject area portions of the examination
subject to any limit imposed by the Commission.
C. 1. Except as otherwise provided for in this subsection, a
teacher may be certified in as many areas as the teacher meets the
necessary requirements provided by law and has successfully
completed the subject area portion of the examination.
2. Except as otherwise provided for in this paragraph,
certification in early childhood, elementary, or special education
shall require completion of an appropriate teacher education program
approved by the Commission.
Any teacher who is certified to teach elementary education may
be certified in early childhood education upon meeting the
requirements provided in law and successful completion of the
appropriate subject area portion of the examination. Any teacher
who is certified to teach early childhood education may be certified
in elementary education upon meeting the requirements provided in
law and successful completion of the appropriate subject area
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portion of the examination. Any special education teacher who
becomes certified to teach through completion of an accredited
teacher preparation program may be certified in early childhood or
elementary education upon meeting the requirements provided in law
and successful completion of the appropriate subject portion of the
examination. Any teacher who becomes certified to teach through
completion of an accredited teacher preparation program or becomes
alternatively certified to teach through the Troops to Teachers
program may be certified in special education upon meeting the
requirements provided in law and successful completion of the
appropriate subject area portion of the examination. Any special
education teacher who has not completed a Commission-approved
teacher education program in elementary education or early childhood
education but who has successfully completed the subject area
portion of the examination may be certified in elementary education
or early childhood education for the purpose of providing direct
instruction and serving as the teacher of record for grading
purposes in special education settings only.
D. The Commission shall offer the competency examination at
least four times per calendar year on dates to be established by the
Commission.
E. If a teacher candidate or teacher is a non-native-English
speaker, the Commission shall offer the subject area competency
examination in the native language of the teacher candidate or
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teacher only if the teacher candidate or teacher is employed or has
been offered employment by a school district as a teacher in a
foreign language immersion program offered by the school district.
If a non-native-English speaker who has received certification in a
subject area after taking the subject area competency examination in
the native language of the speaker seeks to add a certification area
in the future and that person is no longer employed as a teacher in
a foreign language immersion program, the examination for the
additional certification area shall be taken in English. The State
Board of Education shall issue a restricted license or certificate
to any teacher who has completed a subject area competency
examination in the native language of the teacher as provided for in
this subsection restricting the teacher to teaching only in a
foreign language immersion program.
F. The State Board of Education, in consultation with the
Commission for Educational Quality and Accountability, may grant an
exception to the requirement to complete a subject area examination
for initial certification in a field which does not require an
advanced degree if the candidate has an advanced degree in a subject
that is substantially comparable to the content assessed on a
subject area examination. The advanced degree shall be from an
institution accredited by a national or regional accrediting agency
which is recognized by the Secretary of the United States Department
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of Education. The Commission shall provide the Board with the
necessary information to determine comparability.
G. 1. Nothing in the Oklahoma Teacher Preparation Act shall
restrict the right of the State Board of Education to issue an
emergency or provisional certificate, as needed. Provided, however,
prior to the issuance of an emergency certificate, the district
shall document substantial efforts to employ a teacher who holds a
provisional or standard certificate. In the event a district is
unable to hire an individual meeting this criteria, the district
shall document efforts to employ an individual with a provisional or
standard certificate in another curricular area with academic
preparation in the field of need. Only after these alternatives
have been exhausted shall the district be allowed to employ an
individual meeting minimum standards as established by the State
Board of Education for the issuance of emergency certificates.
2. The State Board of Education may renew the emergency or
provisional certificate of an individual who has been employed by a
school district board of education for at least two (2) years if the
following criteria are met:
a.
the individual has been granted an emergency or
provisional certificate pursuant to paragraph 1 of
this subsection for two (2) years,
b.
the individual has not successfully completed the
competency examinations required by this section,
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c.
the individual submits a portfolio of his or her work
to the State Board of Education, which shall include
evidence of progress toward standard certification,
d.
the employing school district board of education
agrees to renew the individual’s contract to teach for
the ensuing fiscal year, and
e.
the superintendent of the employing school district
submits to the State Board of Education the reason the
emergency or provisional certificate should be renewed
and provides evidence of the district’s inability to
hire a teacher who holds a standard certificate.
3. Individuals employed by a school district under an emergency
or provisional certificate shall not be considered career teachers
and therefore not entitled to the protections of the Teacher Due
Process Act of 1990.
H. The State Board of Education may grant an exception to the
requirements for all certification examinations for teacher
candidates who are “deaf”, which for the purposes of this section
shall mean having a hearing loss so severe that the person cannot
process auditory linguistic information with or without
accommodation and whose primary language and teaching environment is
American Sign Language. The Board may grant an exception upon:
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1. Verification by a licensed audiologist of a hearing loss so
severe that the teacher candidate cannot process auditory linguistic
information with or without accommodation;
2. Demonstration of fluency in American Sign Language;
3. Demonstration of competency in the subject area of
specialization as approved by the Board in lieu of certification
examinations; and
4. Sponsorship by a certified deaf education teacher for a
mentorship program.
The Board may promulgate rules and other requirements as
necessary to grant the exceptions described in this subsection.
Applicable teaching environments may include American Sign Language
immersion programs, the Oklahoma School for the Deaf, programs for
the deaf or other classroom settings in which American Sign Language
is the language of instruction.
SECTION 118. REPEALER 70 O.S. 2021, Section 6-187, as
last amended by Section 4, Chapter 220, O.S.L. 2022 (70 O.S. Supp.
2022, Section 6-187), is hereby repealed.
SECTION 119. AMENDATORY 70 O.S. 2021, Section 11-103.6,
as amended by Section 51, Chapter 228, O.S.L. 2022 (70 O.S. Supp.
2022, Section 11-103.6), is amended to read as follows:
Section 11-103.6. A. 1. The State Board of Education shall
adopt subject matter standards for instruction of students in the
public schools of this state that are necessary to ensure there is
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attainment of desired levels of competencies in a variety of areas
to include language, mathematics, science, social studies,
communication, and health and physical education.
2. School districts shall develop and implement curriculum,
courses and instruction in order to ensure that students meet the
skills and competencies as set forth in this section and in the
subject matter standards adopted by the State Board of Education.
3. All students shall gain literacy at the elementary and
secondary levels. Students shall develop skills in reading,
writing, speaking, computing and critical thinking. For purposes of
this section, critical thinking means a manner of analytical
thinking which is logical and uses linear factual analysis to reach
a conclusion. They shall learn about cultures and environments -
their own and those of others with whom they share the earth. All
students shall receive the instruction needed to lead healthy and
physically active lifestyles. Students, therefore, shall study
social studies, literature, languages, the arts, health,
mathematics, and science. Such curricula shall provide for the
teaching of a hands-on career exploration program in cooperation
with technology center schools.
4. The subject matter standards shall be designed to teach the
competencies for which students shall be tested as provided in
Section 1210.508 of this title, and shall be designed to prepare all
students for active citizenship, employment, and/or successful
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completion of postsecondary education without the need for remedial
coursework at the postsecondary level.
5. The subject matter standards shall be designed with rigor as
defined in paragraph 3 of subsection G H of this section.
6. The subject matter standards for English Language Arts shall
give Classic Literature and nonfiction literature equal
consideration to other literature. In addition, emphasis shall be
given to the study of complete works of literature.
7. At a minimum, the subject matter standards for mathematics
shall require mastery of the standard algorithms in mathematics,
which is the most logical, efficient way of solving a problem that
consistently works, and for students to attain fluency in Euclidian
geometry.
8. The subject matter standards for history, social studies and
United States Government shall include study of important historical
documents, including the United States Constitution, Declaration of
Independence, Emancipation Proclamation, Federalist Papers and other
documents with significant history and heritage of the United
States, and the content of the United States naturalization test,
with an emphasis on the specific content of the test and the ideas
and concepts it references. Beginning with the 2022-2023 school
year, the United States naturalization test shall be administered in
accordance with subsection F G of this section.
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9. The subject matter standards for United States Government
shall include an emphasis on civics, the structure and relationship
between the national, state, county and local governments and
simulations of the democratic process. For the purposes of this
section, "civics" means the study of the rights and duties of
Oklahoma and United States citizens and of how those governments
work.
10. The subject matter standards for health and physical
education shall include but not be limited to the domains of
physical, emotional, social, and intellectual health. Health
literacy shall include the ability to obtain, process and understand
basic health information and services needed to make appropriate
health decisions. Health shall also include the importance of
proper nutrition and exercise, mental health and wellness, substance
abuse, coping skills for understanding and managing trauma,
establishing and maintaining positive relationships, and responsible
decision making. Physical literacy shall include the ability to
move with competence and confidence in a wide variety of physical
activities in multiple environments that benefit the healthy
development of the whole person.
B. Subject to the provisions of subsection C of this section,
in order to graduate from a public high school accredited by the
State Board of Education with a standard diploma, students shall
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complete the following college preparatory/work ready curriculum
units or sets of competencies at the secondary level:
1. Four units or sets of competencies of English to include
Grammar, Composition, Literature, or any English course approved for
college admission requirements;
2. Three units or sets of competencies of mathematics, limited
to Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis,
Calculus, Advanced Placement Statistics, or any mathematics course
with content and/or rigor above Algebra I and approved for college
admission requirements;
3. Three units or sets of competencies of laboratory science
approved for college admission requirements including one unit or
set of competencies of life science meeting the standards for
Biology I; one unit or set of competencies of physical science,
meeting the standards for Physical Science, Chemistry, or Physics;
and one unit or set of competencies from the domains of physical
science, life science or earth and space science such that the
content and rigor is above Biology I or Physical Science;
4. Three units or sets of competencies of history and
citizenship skills, including one unit of American History, one-half
unit of Oklahoma History, one-half unit of United States Government,
and one unit from the subjects of History, Government, Geography,
Economics, Civics, or non-Western culture and approved for college
admission requirements;
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5. Two units or sets of competencies of the same world or non-
English language or two units of computer technology approved for
college admission requirements, whether taught at a high school or a
technology center school, including computer programming, hardware,
and business computer applications, such as word processing,
databases, spreadsheets, and graphics, excluding keyboarding or
typing courses;
6. One additional unit or set of competencies selected from
paragraphs 1 through 5 of this subsection or career and technology
education courses, concurrently enrolled courses, Advanced Placement
advanced placement courses, or International Baccalaureate courses
approved for college admission requirements; and
7. One unit or set of competencies of fine arts, such as music,
art, or drama, or one unit or set of competencies of speech.
C. In lieu of the requirements of subsection B of this section
which requires a college preparatory/work ready curriculum, a
student may enroll in the core curriculum as provided in subsection
D of this section upon written approval of the parent or legal
guardian of the student. For students under the age of eighteen
(18) school districts shall require a parent or legal guardian of
the student to meet with a designee of the school prior to
enrollment in the core curriculum. The State Department of
Education shall develop and distribute to school districts a form
suitable for this purpose, which shall include information on the
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benefits to students of completing the college preparatory/work
ready curriculum as provided for in subsection B of this section.
D. For those students subject to the requirements of subsection
C of this section, in order to graduate from a public high school
accredited by the State Board of Education with a standard diploma,
students shall complete the following core curriculum units or sets
of competencies at the secondary level:
1. Language Arts – Four units or sets of competencies, to
consist of one unit or set of competencies of grammar and
composition, and three units or sets of competencies which may
include, but are not limited to, the following courses:
a.
American Literature,
b.
English Literature,
c.
World Literature,
d.
Advanced English Courses, or
e.
other English courses with content and/or rigor equal
to or above grammar and composition;
2. Mathematics – Three units or sets of competencies to consist
of one unit or set of competencies of Algebra I or Algebra I taught
in a contextual methodology, and two units or sets of competencies
which may include, but are not limited to, the following courses:
a.
Algebra II,
b.
Geometry or Geometry taught in a contextual
methodology,
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c.
Trigonometry,
d.
Math Analysis or Precalculus,
e.
Calculus,
f.
Statistics and/or Probability,
g.
Computer Science or acceptance and successful
completion of one (1) year of a full-time, three-hour
career and technology program leading to an industry
credential/certificate or college credit. The State
Board of Career and Technology Education shall
promulgate rules to define the provisions of this
section related to the accepted industry-valued
credentials which are industry-endorsed or industry-
aligned. The list of accepted industry-valued
credentials shall be reviewed annually and updated at
least every three (3) years by the Board,
h.
(1) contextual mathematics courses which enhance
technology preparation, or
(2) a science, technology, engineering, and math
(STEM) block course meeting the requirements for
course competencies listed in paragraph 2 of
subsection B of this section, whether taught at
a:
(a) comprehensive high school, or
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(b) technology center school when taken in the
tenth, eleventh, or twelfth grade, taught by
a certified teacher, and approved by the
State Board of Education and the independent
district board of education,
i.
mathematics courses taught at a technology center
school by a teacher certified in the secondary subject
area when taken in the tenth, eleventh, or twelfth
grade upon approval of the State Board of Education
and the independent district board of education, or
j.
any other mathematics course with content and/or rigor
equal to or above Algebra I;
3. Science – Three units or sets of competencies to consist of
one unit or set of competencies of Biology I or Biology I taught in
a contextual methodology, and two units or sets of competencies in
the areas of life, physical, or earth science or technology which
may include, but are not limited to, the following courses:
a.
Chemistry I,
b.
Physics,
c.
Biology II,
d.
Chemistry II,
e.
Physical Science,
f.
Earth Science,
g.
Botany,
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h.
Zoology,
i.
Physiology,
j.
Astronomy,
k.
Applied Biology/Chemistry,
l.
Applied Physics,
m.
Principles of Technology,
n.
qualified agricultural education courses,
o.
(1) contextual science courses which enhance
technology preparation, or
(2) a science, technology, engineering and math
(STEM) block course meeting the requirements for
course competencies listed in paragraph 3 of
subsection B of this section, whether taught at
a:
(a) comprehensive high school, or
(b) technology center school when taken in the
tenth, eleventh or twelfth grade, taught by
a certified teacher, and approved by the
State Board of Education and the independent
district board of education,
p.
science courses taught at a technology center school
by a teacher certified in the secondary subject area
when taken in the tenth, eleventh or twelfth grade
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upon approval of the State Board of Education and the
independent district board of education, or
q.
other science courses with content and/or rigor equal
to or above Biology I;
4. Social Studies – Three units or sets of competencies, to
consist of one unit or set of competencies of United States History,
one-half to one unit or set of competencies of United States
Government, one-half unit or set of competencies of Oklahoma
History, and one-half to one unit or set of competencies which may
include, but are not limited to, the following courses:
a.
World History,
b.
Geography,
c.
Economics,
d.
Anthropology, or
e.
other social studies courses with content and/or rigor
equal to or above United States History, United States
Government, and Oklahoma History;
5. Arts – One unit or set of competencies which may include,
but is not limited to, courses in Visual Arts and General Music; and
6. Computer Education or World Language - One unit or set of
competencies of computer technology, whether taught at a high school
or a technology center school, including computer programming,
hardware, and business computer applications, such as word
processing, databases, spreadsheets, and graphics, excluding
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keyboarding or typing courses, or one unit or set of competencies of
world or non-English language.
E. The State Board of Education may develop rules to determine
if courses on aviation are eligible for non-elective academic credit
toward meeting the graduation requirements set forth in subsections
B and D of this section.
F. 1. In addition to the curriculum requirements of either
subsection B or D of this section, in order to graduate from a
public high school accredited by the State Board of Education
students shall complete the requirements for a personal financial
literacy passport as set forth in the Passport to Financial Literacy
Act and any additional course requirements or recommended elective
courses as may be established by the State Board of Education and
the district school board. School districts shall strongly
encourage students to complete two units or sets of competencies of
world languages and two units or sets of competencies of physical
and health education.
2. No student shall receive credit for high school graduation
more than once for completion of the same unit or set of
competencies to satisfy the curriculum requirements of this section.
3. A school district shall not be required to offer every
course listed in subsections B and D of this section but shall offer
sufficient courses to allow a student to meet the graduation
requirements during the secondary grade years of the student.
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F. G. 1. In addition to the curriculum requirements of either
subsection B or D of this section, beginning with ninth graders in
the 2021-22 school year, in order to graduate from a public high
school accredited by the State Board of Education, students shall
pass the United States naturalization test pursuant to the
provisions of this subsection.
2. School districts shall offer the United States
naturalization test to students at least once per school year,
beginning as early as eighth grade at the discretion of the school
district; provided, any student may retake the exam upon request,
and as often as desired, until earning a passing score. For
purposes of this subsection, a passing score shall be 60 out of 100
questions.
3. School districts shall exempt students with disabilities
whose individualized education program (IEP), consistent with state
law, indicates that the student is to be assessed with alternate
achievement standards through the Oklahoma Alternate Assessment
Program (OAAP).
G. H. For purposes of this section:
1. "Contextual methodology" means academic content and skills
taught by utilizing real-world problems and projects in a way that
helps students understand the application of that knowledge;
2. "Qualified agricultural education courses" means courses
that have been determined by the State Board of Education to offer
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the sets of competencies for one or more science content areas and
which correspond to academic science courses. Qualified
agricultural education courses shall include, but are not limited
to, Horticulture horticulture, Plant plant and Soil Science soil
science, Natural Resources natural resources and Environmental
Science environmental science, and Animal Science animal science.
The courses shall be taught by teachers certified in agricultural
education and comply with all rules of the Oklahoma Department of
Career and Technology Education;
3. "Rigor" means a level of difficulty that is thorough,
exhaustive and accurate and is appropriate for the grade level;
4. "Sets of competencies" means instruction in those skills and
competencies that are specified in the subject matter standards
adopted by the State Board of Education and other skills and
competencies adopted by the Board, without regard to specified
instructional time; and
5. "Unit" means a Carnegie Unit as defined by the North Central
Association's Commission on Schools.
H. I. 1. The State Board of Education shall adopt a plan to
ensure that rigor is maintained in the content, teaching
methodology, level of expectations for student achievement, and
application of learning in all the courses taught to meet the
graduation requirements as specified in this section.
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2. The State Board of Education shall allow as much flexibility
at the district level as is possible without diminishing the rigor
or undermining the intent of providing these courses. To accomplish
this purpose, the State Department of Education shall work with
school districts in reviewing and approving courses taught by
districts that are not specifically listed in subsections B and D of
this section. Options may include, but shall not be limited to,
courses taken by concurrent enrollment, advanced placement, or
correspondence, or courses bearing different titles.
3. The State Board of Education shall approve an advanced
placement computer science course to meet the requirements of course
competencies listed in paragraph 2 of subsection B of this section
if the course is taken in a student's senior year and the student is
concurrently enrolled in or has successfully completed Algebra II.
4. Technology center school districts may offer programs
designed in cooperation with institutions of higher education which
have an emphasis on a focused field of career study upon approval of
the State Board of Education and the independent district board of
education. Students in the tenth grade may be allowed to attend
these programs for up to one-half (1/2) of a school day and credit
for the units or sets of competencies required in paragraphs 2, 3,
and 6 of subsection B or D of this section shall be given if the
courses are taught by a teacher certified in the secondary subject
area; provided, credit for units or sets of competencies pursuant to
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subsection B of this section shall be approved for college admission
requirements.
5. If a student enrolls in a concurrent course, the school
district shall not be responsible for any costs incurred for that
course, unless the school district does not offer enough course
selection during the student's secondary grade years to allow the
student to receive the courses needed to meet the graduation
requirements of this section. If the school district does not offer
the necessary course selection during the student's secondary grade
years, it shall be responsible for the cost of resident tuition at
an institution in The Oklahoma State System of Higher Education,
fees, and books for the concurrent enrollment course, and providing
for transportation to and from the institution to the school site.
It is the intent of the Legislature that for students enrolled
in a concurrent enrollment course which is paid for by the school
district pursuant to this paragraph, the institution charge only the
supplementary and special service fees that are directly related to
the concurrent enrollment course and enrollment procedures for that
student. It is further the intent of the Legislature that fees for
student activities and student service facilities, including the
student health care and cultural and recreational service fees, not
be charged to such students.
6. Credit for the units or sets of competencies required in
subsection B or D of this section shall be given when such units or
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sets of competencies are taken prior to ninth grade if the teachers
are certified or authorized to teach the subjects for high school
credit and the required rigor is maintained.
7. The three units or sets of competencies in mathematics
required in subsection B or D of this section shall be completed in
the ninth through twelfth grades. If a student completes any
required courses or sets of competencies in mathematics prior to
ninth grade, the student may take any other mathematics courses or
sets of competencies to fulfill the requirement to complete three
units or sets of competencies in grades nine through twelve after
the student has satisfied the requirements of subsection B or D of
this section.
8. All units or sets of competencies required for graduation
may be taken in any sequence recommended by the school district.
I. J. As a condition of receiving accreditation from the State
Board of Education, all students in grades nine through twelve shall
enroll in a minimum of six periods, or the equivalent in block
scheduling or other scheduling structure that allows for instruction
in sets of competencies, of rigorous academic and/or rigorous
vocational courses each day, which may include arts, vocal and
instrumental music, speech classes, and physical education classes.
J. K. 1. Academic and vocational-technical courses designed to
offer sets of competencies integrated or embedded within the courses
that provide for the teaching and learning of the appropriate skills
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and knowledge in the subject matter standards, as adopted by the
State Board of Education, may, upon approval of the Board, in
consultation with the Oklahoma Department of Career and Technology
Education if the courses are offered at a technology center school
district, be counted for academic credit and toward meeting the
graduation requirements of this section.
2. Internet-based courses offered by a technology center school
that are taught by a certified teacher and provide for the teaching
and learning of the appropriate skills and knowledge in the subject
matter standards may, upon approval of the State Board of Education
and the independent district board of education, be counted for
academic credit and toward meeting the graduation requirements of
this section.
3. Internet-based courses or vocational-technical courses
utilizing integrated or embedded skills for which no subject matter
standards have been adopted by the State Board of Education may be
approved by the Board, in consultation with the Oklahoma Department
of Career and Technology Education if the courses are offered at a
technology center school district, if such courses incorporate
standards of nationally recognized professional organizations and
are taught by certified teachers.
4. Courses offered by a supplemental education organization
that is accredited by a national accrediting body and that are
taught by a certified teacher and provide for the teaching and
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learning of the appropriate skills and knowledge in the subject
matter standards may, upon approval of the State Board of Education
and the school district board of education, be counted for academic
credit and toward meeting the graduation requirements of this
section.
K. L. The State Board of Education shall provide an option for
high school graduation based upon attainment of the desired levels
of competencies as required in tests pursuant to the provisions of
Section 1210.508 of this title. Such option shall be in lieu of the
amount of course credits earned.
L. M. The State Board of Education shall prescribe, adopt and
approve a promotion system based on the attainment by students of
specified levels of competencies in each area of the core
curriculum.
M. N. Children who have individualized education programs
pursuant to the Individuals with Disabilities Education Act (IDEA),
and who satisfy the graduation requirements through the
individualized education program for that student shall be awarded a
standard diploma.
N. O. Students who enter the ninth grade in or prior to the
2007-08 school year who are enrolled in an alternative education
program and meet the requirements of their plans leading to high
school graduation developed pursuant to Section 1210.568 of this
title shall be awarded a standard diploma.
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O. P. Any student who completes the curriculum requirements of
the International Baccalaureate Diploma Program shall be awarded a
standard diploma.
P. Q. Any student who successfully completes an advanced
mathematics or science course offered pursuant to Section 1210.404
of this title shall be granted academic credit toward meeting the
graduation requirements pursuant to paragraph 2 or 3, as
appropriate, of subsection B or D of this section.
Q. R. For purposes of this section, the courses approved for
college admission requirements shall be courses which are approved
by the Oklahoma State Regents for Higher Education for admission to
an institution within The Oklahoma State System of Higher Education.
R. S. Students who have been denied a standard diploma by the
school district in which the student is or was enrolled for failing
to meet the requirements of this section may re-enroll in the school
district that denied the student a standard diploma following the
denial of a standard diploma. The student shall be provided
remediation or intervention and the opportunity to complete the
curriculum units or sets of competencies required by this section to
obtain a standard diploma. Students who re-enroll in the school
district to meet the graduation requirements of this section shall
be exempt from the hourly instructional requirements of Section 1-
111 of this title and the six-period enrollment requirements of this
section.
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S. T. The State Department of Education shall collect and
report data by school site and district on the number of students
who enroll in the core curriculum as provided in subsection D of
this section.
SECTION 120. REPEALER 70 O.S. 2021, Section 11-103.6, as
last amended by Section 1, Chapter 122, O.S.L. 2022 (70 O.S. Supp.
2022, Section 11-103.6), is hereby repealed.
SECTION 121. AMENDATORY 70 O.S. 2021, Section 3247, as
last amended by Section 1, Chapter 23, O.S.L. 2022 (70 O.S. Supp.
2022, Section 3247), is amended to read as follows:
Section 3247. A. A student shall be eligible for in-state
status regardless of the residency of the student if the student is
a:
1. Dependent child or spouse of a person currently serving as a
member of the active uniformed services of the United States on
full-time active duty status of more than thirty (30) days and for
whom Oklahoma is the home of record;
2. Dependent child or spouse of a person currently serving as a
member of the military reserve on active duty orders of more than
thirty (30) days and for whom Oklahoma is the home of record;
3. Person, or spouse or dependent child of a person, currently
serving as a member of the uniformed services of the United States
who is on full-time active duty for a period more than thirty (30)
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days and is stationed or temporarily present in Oklahoma through
military orders;
4. Person, or spouse or dependent child of a person, who was
discharged or released from a period not fewer than ninety (90) days
of active uniformed service, less than five (5) ten (10) years
before the date of enrollment in the course(s) concerned and for
whom Oklahoma is the home of record;
5. Person who is participating in or has received a partial or
full scholarship from the Air Force Reserve Officers’ Training
Corps, Army Reserve Officers’ Training Corps or the Navy/Marines
Reserve Officers’ Training Corps; or
6. Person who is a current member of the Oklahoma National
Guard.
B. To be eligible for in-state status as provided for in
subsection A of this section and to maintain eligibility, the
student shall:
1. Satisfy admission and retention standards as determined by
the Oklahoma State Regents for Higher Education for an institution
within The Oklahoma State System of Higher Education; and
2. Have secured admission to and enrolls full-time or part-time
in a program of study at an institution within The Oklahoma State
System of Higher Education.
C. A student who files with the institution within The Oklahoma
State System of Higher Education at which the student intends to
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register a letter of intent to establish residence in the state and
who resides in the state while enrolled in the institution shall be
eligible for in-state status, regardless of the residency of the
student or home of record, if the student:
1. Is a person who:
a.
was discharged or released from a period not fewer
than ninety (90) days of active duty uniformed
service, less than five (5) years before the date of
enrollment in the course(s) concerned, and
b.
is pursuing a course of education with educational
assistance under Chapter 30 or 33 of Title 38 of the
United States Code while living in this state; or
2. Is a person who:
a.
is entitled to assistance under Section 3311(b)(9) or
3319 of Title 38 of the United States Code by virtue
of a relationship to a person who was discharged or
released from a period not fewer than ninety (90) days
of active duty uniformed services, and
b.
enrolls in the course(s) concerned within five (5)
years of the date the related person was discharged or
released from a period not fewer than ninety (90) days
of active duty uniformed services.
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D. To be eligible for in-state status as provided for in
subsection C of this section and to maintain eligibility, the
student shall:
1. Satisfy admission and retention standards as determined by
the Oklahoma State Regents for Higher Education for an institution
within The Oklahoma State System of Higher Education; and
2. Have secured admission to and enrolls full-time or part-time
in a program of study at an institution within The Oklahoma State
System of Higher Education.
E. A student who meets the eligibility requirements for in-
state status shall maintain in-state status if the student remains
continuously enrolled at an institution within The Oklahoma State
System of Higher Education after the student:
1. As described in paragraph 1, 2, or 3 of subsection A of this
section is discharged or released from active duty service;
2. As described in paragraph 4 of subsection A of this section
or paragraphs 1 and 2 of subsection C of this section exceeds the
five-year period after being discharged or released from active duty
uniformed service;
3. As described in paragraph 1 of subsection C of this section
has exhausted education assistance provided under Chapter 30 or 33
of Title 38 of the United States Code; or
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4. As described in paragraph 2 of subsection C of this section
has exhausted education assistance provided under Section 3311(b)(9)
or 3319 of Title 38 of the United States Code.
F. For purposes of this section, “home of record” means the
place where one was living when the person enlisted or was
commissioned into the military or reenlisted in the military.
G. The Oklahoma State Regents for Higher Education shall
develop policies and procedures necessary to implement the
provisions of this section.
SECTION 122. REPEALER 70 O.S. 2021, Section 3247, as
last amended by Section 1, Chapter 210, O.S.L. 2022 (70 O.S. Supp.
2022, Section 3247), is hereby repealed.
SECTION 123. AMENDATORY 74 O.S. 2021, Section 18b, as
last amended by Section 1, Chapter 100, O.S.L. 2022 (74 O.S. Supp.
2022, Section 18b), is amended to read as follows:
Section 18b. A. The duties of the Attorney General as the
chief law officer of the state shall be:
1. To appear for the state and prosecute and defend all actions
and proceedings, civil or criminal, in the Supreme Court and Court
of Criminal Appeals in which the state is interested as a party;
2. To appear for the state and prosecute and defend all actions
and proceedings in any of the federal courts in which the state is
interested as a party;
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3. To initiate or appear in any action in which the interests
of the state or the people of the state are at issue, or to appear
at the request of the Governor, the Legislature, or either branch
thereof, and prosecute and defend in any court or before any
commission, board or officers any cause or proceeding, civil or
criminal, in which the state may be a party or interested; and when
so appearing in any such cause or proceeding, the Attorney General
may, if the Attorney General deems it advisable and to the best
interest of the state, take and assume control of the prosecution or
defense of the state’s interest therein;
4. To consult with and advise district attorneys, when
requested by them, in all matters pertaining to the duties of their
offices, when the district attorneys shall furnish the Attorney
General with a written opinion supported by citation of authorities
upon the matter submitted;
5. To give an opinion in writing upon all questions of law
submitted to the Attorney General by the Legislature or either
branch thereof, or by any state officer, board, commission or
department, provided, that the Attorney General shall not furnish
opinions to any but district attorneys, the Legislature or either
branch thereof, or any other state official, board, commission or
department, and to them only upon matters in which they are
officially interested;
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6. At the request of the Governor, State Auditor and Inspector,
State Treasurer, or either branch of the Legislature, to prosecute
any official bond or any contract in which the state is interested,
upon a breach thereof, and to prosecute or defend for the state all
actions, civil or criminal, relating to any matter connected with
either of their Departments;
7. Whenever requested by any state officer, board or
commission, to prepare proper drafts for contracts, forms and other
writing which may be wanted for the use of the state;
8. To prepare drafts of bills and resolutions for individual
members of the Legislature upon their written request stating the
gist of the bill or resolution desired;
9. To enforce the proper application of monies appropriated by
the Legislature and to prosecute breaches of trust in the
administration of such funds;
10. To institute actions to recover state monies illegally
expended, to recover state property and to prevent the illegal use
of any state property, upon the request of the Governor or the
Legislature;
11. To pay into the State Treasury, immediately upon its
receipt, all monies received by the Attorney General belonging to
the state;
12. To settle, compromise and dispose of an action in which the
Attorney General represents the interests of the state, so long as
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the consideration negotiated for such settlement, compromise or
disposition is payable to the state or one of its agencies which is
a named party of the action and any monies, any property or other
item of value is paid first to the State Treasury;
13. To keep and file copies of all opinions, contracts, forms
and letters of the office, and to keep an index of all opinions,
contracts and forms according to subject and section of the law
construed or applied;
14. To keep a register or docket of all actions, demands and
investigations prosecuted, defended or conducted by the Attorney
General in behalf of the state. The register or docket shall give
the style of the case or investigation, where pending, court number,
office number, the gist of the matter, result and the names of the
assistants who handled the matter;
15. To keep a complete office file of all cases and
investigations handled by the Attorney General on behalf of the
state;
16. To report to the Legislature or either branch thereof
whenever requested upon any business relating to the duties of the
Attorney General’s office;
17. To institute civil actions against members of any state
board or commission for failure of such members to perform their
duties as prescribed by the statutes and the Constitution and to
prosecute members of any state board or commission for violation of
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the criminal laws of this state where such violations have occurred
in connection with the performance of such members’ official duties;
18. To respond to any request for an opinion of the Attorney
General’s office, submitted by a member of the Legislature,
regardless of subject matter, by written opinion determinative of
the law regarding such subject matter;
19. To convene multicounty grand juries in such manner and for
such purposes as provided by law; provided, such grand juries are
composed of citizens from each of the counties on a pro rata basis
by county;
20. To investigate any report by the State Auditor and
Inspector filed with the Attorney General pursuant to Section 223 of
this title and prosecute all actions, civil or criminal, relating to
such reports or any irregularities or derelictions in the management
of public funds or property which are violations of the laws of this
state;
21. To represent and protect the collective interests of all
utility consumers of this state in rate-related proceedings before
the Corporation Commission or in any other state or federal judicial
or administrative proceeding;
22. To represent and protect the collective interests of
insurance consumers of this state in rate-related proceedings before
the Insurance Commissioner or in any other state or federal judicial
or administrative proceeding;
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23. To investigate and prosecute any criminal action relating
to insurance fraud, if in the opinion of the Attorney General a
criminal prosecution is warranted, or to refer such matters to the
appropriate district attorney;
24. To monitor and evaluate any action by the federal
government including, but not limited to, executive orders by the
President of the United States, rules or regulations promulgated by
an agency of the federal government or acts of Congress to determine
if such actions are in violation of the Tenth Amendment to the
Constitution of the United States; and
25. To cross-deputize police officers of the police department
of any municipality or any officer deputized by the county sheriff
or a designee subject to an interlocal governmental agreement with
the Attorney General’s Office in an effort to combine city, county,
and state law enforcement efforts and to encourage cooperation
between city, county, and state law enforcement officials.
Liability for the conduct of any municipal police officer cross-
deputized under the terms and conditions of an interlocal
governmental agreement or any officer deputized by the county
sheriff under the terms and conditions of an interlocal governmental
agreement shall remain the responsibility of the respective employer
for that officer; and
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26. To maintain data related to human trafficking and to assist
law enforcement, social service agencies, and victim services
programs in identifying and supporting victims of human trafficking.
B. Nothing in this section shall be construed as requiring the
Attorney General to appear and defend or prosecute in any court any
cause or proceeding for or on behalf of the Oklahoma Tax Commission,
the Board of Managers of the State Insurance Fund, or the
Commissioners of the Land Office.
C. In all appeals from the Corporation Commission to the
Supreme Court of Oklahoma in which the state is a party, the
Attorney General shall have the right to designate counsel of the
Corporation Commission as the Attorney General’s legally appointed
representative in such appeals, and it shall be the duty of the
Corporation Commission counsel to act when so designated and to
consult and advise with the Attorney General regarding such appeals
prior to taking action therein.
SECTION 124. REPEALER 74 O.S. 2021, Section 18b, as last
amended by Section 1, Chapter 296, O.S.L. 2022 (74 O.S. Supp. 2022,
Section 18b), is hereby repealed.
SECTION 125. AMENDATORY 82 O.S. 2021, Section 1085.30,
as last amended by Section 6, Chapter 185, O.S.L. 2022 (82 O.S.
Supp. 2022, Section 1085.30), is amended to read as follows:
Section 1085.30. A. 1. In order to effectuate a comprehensive
program to assist in the prevention, control and abatement of
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pollution of the waters of this state, and in order to establish
state standards which comply with the Federal Water Pollution
Control Act as amended, the Department of Environmental Quality is
authorized to promulgate rules to be known as “Oklahoma Water
Quality Standards” which establish classifications of uses of waters
of the state, criteria to maintain and protect such classifications,
and other standards or policies pertaining to the quality of such
waters.
2. The Oklahoma Water Quality Standards shall, at a minimum, be
designed to maintain and protect the quality of the waters of the
state.
3. Wherever the Department finds it is practical and in the
public interest to do so, the rules may be amended to upgrade and
improve progressively the quality of waters of the state.
4.
a.
The Department may also amend Oklahoma Water Quality
Standards to downgrade a designated use of any waters
of this state which is not an existing use, may
establish subcategories of a use or may provide for
less stringent criteria or other provisions thereof
only in those limited circumstances permissible under
the Federal Water Pollution Control Act as amended or
federal rules which implement the act.
b.
The Department may amend the Oklahoma Water Quality
Standards to downgrade a designated use, establish
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subcategories of a use or may provide for less
stringent criteria or other provisions thereof only to
the extent as will maintain or improve the existing
uses and the water quality of the water affected;
provided, however, the Department shall not modify the
Oklahoma Water Quality Standards applicable to scenic
river areas as such areas are described by Section
896.5 of this title, to downgrade a designated use,
establish a subcategory of a use or provide for less
stringent criteria or other provisions thereof.
5. The Department shall propose any necessary rules to allow
for the development of nutrient trading programs by state
environmental agencies no later than November 1, 2026.
B. 1. Prior to adopting such standards or any amendment
thereof, the Department shall conduct public hearings thereon.
Notice of such hearing shall be published in accordance with the
Administrative Procedures Act and shall be mailed at least twenty
(20) days before such public hearing to the chief executive of each
municipality and county in the area affected and shall be mailed to
all affected holders of permits obtained pursuant to the Oklahoma
Environmental Quality Code, and such other persons that have
requested notice of hearings on such standard modifications.
2. If adoption or amendment of a classification to a lower or
downgraded classification is proposed because treatment controls
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required of the current or a higher or upgraded classification would
result in substantial and widespread social and economic impact, the
Department shall, in addition to any hearing required by subsection
B of this section, conduct a public meeting within a central
location within the area to be affected. The Department shall cause
notice of such additional public meeting to be published for at
least two (2) consecutive weeks in a newspaper of general
circulation published in the county or counties in the area
affected.
C. 1. The Oklahoma Water Quality Standards, their accompanying
use support assessment protocols, anti-degradation policy and
implementation, and policies generally affecting Oklahoma Water
Quality Standards application and implementation including, but not
limited to, mixing zones, low flows and variances, except for
variances and site-specific criteria adopted by the Department of
Environmental Quality pursuant to paragraph 18 of subsection B of
Section 1-3-101 of Title 27A of the Oklahoma Statutes, or any
modification or change thereof shall be promulgated by the
Department in compliance with the Administrative Procedures Act and
shall be enforced by all state agencies within the scope of their
jurisdiction. All use support assessment protocols promulgated by
the Department shall be consistent with state and federal law and
guidance specifically related to beneficial use support
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determinations as set forth in Section 305(b) of the Federal Water
Pollution Control Act, where applicable.
2. In promulgating Oklahoma Water Quality Standards or making
any modification or change thereof, the Department shall announce a
reasonable time for persons discharging waste into the waters of the
state to comply with such new or modified standards unless such
discharges create an actual or potential hazard to public health.
3. Any discharge in accord with such standards of the
Department and in compliance with all other rules, requirements and
wasteload allocations established by the Department and with rules
promulgated by other state environmental agencies shall not be
deemed to be pollution.
4. Notwithstanding the implementation jurisdiction provided to
the Department in paragraph 1 of subsection C of this section, the
Department of Environmental Quality shall also have jurisdiction to
adopt variances and site-specific criteria and to develop and
utilize policies and requirements, as provided in paragraph
paragraphs 18 and 22 of subsection B of Section 1-3-101 of Title 27A
of the Oklahoma Statutes.
SECTION 126. REPEALER 82 O.S. 2021, Section 1085.30, as
last amended by Section 4, Chapter 113, O.S.L. 2022 (82 O.S. Supp.
2022, Section 1085.30), is hereby repealed.
SECTION 127. It being immediately necessary for the
preservation of the public peace, health or safety, an emergency is
Req. No. 1475
Page 572
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hereby declared to exist, by reason whereof this act shall take
effect and be in full force from and after its passage and approval.
59-1-1475
MD
4/10/2023 10:09:00 AM