STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 325	By:	Adelson

AS INTRODUCED

An Act relating to motor vehicles; amending Section 11, Chapter 504, O.S.L. 2004, as last amended by Section 31, Chapter 1, O.S.L. 2007 (47 O.S. Supp. 2008, Section 1135.2), which relates to special license plates; expanding eligibility for police license plates to include certain university police officers; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 11, Chapter 504, O.S.L. 2004, as last amended by Section 31, Chapter 1, O.S.L. 2007 (47 O.S. Supp. 2008, Section 1135.2), is amended to read as follows:
Section 1135.2  A.  The Oklahoma Tax Commission is hereby authorized to design and issue appropriate official special license plates to persons in recognition of their service or awards as provided by this section.
Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained.  The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year.
Special license plates shall be renewed each year by the Tax Commission or a motor license agent.  The Tax Commission 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 or the Tax Commission.  The license plates shall be issued on a staggered system except for legislative plates and amateur radio operator license plates.
The Tax Commission is hereby directed to develop and implement a system whereby motor license agents are permitted to accept applications for special license plates authorized under this section.  The motor license agent shall confirm the applicant’s eligibility, if applicable, collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly.  For performance of these duties, motor license agents shall retain the fee provided in Section 1141.1 of this title for registration of a motor vehicle.  The motor license agent fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund.
B.  The special license plates provided by this section are as follows:
1.  Prisoner of War License Plates - such plates shall be designed for honorably discharged or present members of the United States Armed Forces and civilians who were former prisoners of war held by a foreign country and who can provide proper certification of that status.  Such persons may apply for a prisoner of war license plate for no more than two vehicles with each vehicle having a rated carrying capacity of one (1) ton or less.  The surviving spouse of any deceased former prisoner of war, if the spouse has not since remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, may apply for a prisoner of war license plate for one vehicle with a rated carrying capacity of one (1) ton or less.  The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title;
2.  National Guard License Plates - such plates shall be designed for active or retired members of the Oklahoma National Guard.  Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually;
3.  Air National Guard License Plates - such plates shall be designed for active or retired members of the Oklahoma Air National Guard.  Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually;
4.  United States Armed Forces - such plates shall be designed for active, retired, former or reserve members of the United States Armed Forces, and shall identify which branch of service, and carry the emblem and name of either the Army, Navy, Air Force, Marines or Coast Guard, according to the branch of service to which the member belongs or did belong.  Former members who have been dishonorably discharged shall not be eligible for such plates.  Persons applying for such license plate must show proof of present or past military service by presenting a valid Uniformed Services Identity Card or the United States Department of Defense Form (DD)214.  Retired or former members who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually;
5.  Congressional Medal of Honor Recipient License Plates - such plates shall be designed for any resident of this state who has been awarded the Congressional Medal of Honor.  Such persons may apply for a Congressional Medal of Honor recipient license plate for each vehicle with a rated carrying capacity of one (1) ton or less.  There shall be no registration fee for the issuance of this plate;
6.  Missing In Action License Plates - such plates shall be designed to honor members of the United States Armed Forces who are missing in action.  The spouse of such missing person, if the spouse has not since remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, and each parent of the missing person may apply for a missing in action license plate upon presenting proper certification that the person is missing in action and that the person making the application is the qualifying spouse or the parent of the missing person.  The qualifying spouse and each parent of the missing person may each apply for the missing in action license plate for each vehicle with a rated carrying capacity of one (1) ton or less;
7.  Purple Heart Recipient License Plates - such plates shall be designed for any resident of this state presenting proper certification from the United States Department of Veterans Affairs or the Armed Forces of the United States certifying that such resident has been awarded the Purple Heart military decoration.  Such persons may apply for a Purple Heart recipient license plate for vehicles having a rated carrying capacity of one (1) ton or less.  The surviving spouse of any deceased veteran who has been awarded the Purple Heart military decoration, if such spouse has not since remarried, or if remarried, the remarriage has been terminated by death, divorce or annulment, may apply for such plate for one vehicle with a rated carrying capacity of one (1) ton or less;
8.  Pearl Harbor Survivor License Plates - such plates shall be designed for any resident of this state who can be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States as being:
a.	a member of the United States Armed Forces on December 7, 1941,
b.	stationed on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three (3) miles, and
c.	a recipient of an honorable discharge from the United States Armed Forces.
Such person may apply for a Pearl Harbor Survivor license plate for each vehicle with a rated carrying capacity of one (1) ton or less;
9.  Iwo Jima License Plates - such plates shall be designed for any resident of this state who can be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States as being:
a.	a member of the United States Armed Forces in February of 1945,
b.	stationed in February of 1945 on or in the immediate vicinity of the island of Iwo Jima, and
c.	a recipient of an honorable discharge from the United States Armed Forces.
Such person may apply for an Iwo Jima license plate for each vehicle with a rated carrying capacity of one (1) ton or less.
Such license plate shall have the legend "Oklahoma OK" and shall contain three letters and three numbers.  Between the letters and numbers shall be a logo of the flag-raising at Iwo Jima.  Below the letters, logo and numbers, the plate shall contain the words "FEB." at the left, "Iwo Jima" in the center and "1945" at the right.  Such plates shall not be subject to the design requirements of any other license plates prescribed by law other than the space for the placement of the yearly decals for each succeeding year of registration after the initial issue;
10.  D-Day Survivor License Plates - such plates shall be designed for any resident of this state who can be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States as being:
a.	a member of the United States Armed Forces on June 6, 1944,
b.	a participant in the Allied invasion of the coast of Normandy on June 6, 1944; provided, if such participation cannot be verified by the United States Department of Veterans Affairs or the Armed Forces of the United States, the Tax Commission may, in its discretion, accept evidence of such participation from the person applying for the license plate, and
c.	a recipient of an honorable discharge from the United States Armed Forces.
Such person may apply for a D-Day Survivor license plate for each vehicle with a rated carrying capacity of one (1) ton or less;
11.  Killed in Action License Plates - such plates shall be designed to honor members of the United States Armed Forces who were killed in action.  The spouse of the deceased person, if the spouse has not remarried, or if remarried, the remarriage is terminated by death, divorce, or annulment, may apply for a killed in action license plate upon presenting proper certification that the person was killed in action and that the person making the application is the qualifying spouse of the deceased person.  The qualifying spouse may apply for a killed in action license plate for no more than two vehicles with each vehicle with a rated carrying capacity of one (1) ton or less.  The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title;
12.  Gold Star Parents License Plates - such plates shall be designed to honor members of the United States Armed Forces who were killed during a war.  The parents of the deceased person may apply for a gold star license plate upon presenting proper certification that the person was killed during a war and that the person making the application is the parent of the deceased person.  The parent may apply for a gold star parent license plate for no more than two vehicles with each vehicle having a rated carrying capacity of one (1) ton or less.  The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title;
13.  Military Decoration License Plates - such plates shall be designed for any resident of this state who has been awarded the Distinguished Service Medal, the Distinguished Service Cross, the Distinguished Flying Cross, the Bronze Star military decoration or the Silver Star military decoration.  Such persons may apply for a military decoration license plate for each vehicle with a rated carrying capacity of one (1) ton or less;
14.  Vietnam Veteran License Plates - such plates shall be designed for honorably discharged or present members of the United States Armed Forces who served in the Vietnam Conflict.  Such persons may apply for a Vietnam veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less;
15.  Police Officer License Plates - such plates shall be designed for any currently employed or retired municipal police officer or full-time or reserve university 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 or university police department by either an identification card or letter from the chief of the police department or the Oklahoma Police Pension and Retirement Board.  Retirees who are eligible for such plates shall provide proof of eligibility upon initial application, but shall not be required to provide proof of eligibility annually.  The license plates shall be designed in consultation with municipal police departments of this state; provided, the license plate for motorcycles may be of similar design to the license plate for motor vehicles or may be a new design in order to meet space requirements for a motorcycle license plate;
16.  World War II Veteran License Plates - such plates shall be designed to honor honorably discharged former members of the United States Armed Forces who are residents of this state and who can be verified by the Oklahoma Military Department, the Department of Veterans Affairs or the Armed Forces of the United States as having served on federal active duty anytime during the period from September 16, 1940, to December 7, 1945.  The former members may apply for a World War II Veteran license plate for vehicles with a rated carrying capacity of one (1) ton or less.
The license plate shall have the legend "Oklahoma" and shall contain, in the center of the plate, either the Thunderbird Insignia of the 45th Infantry Division in the prescribed red and gold coloring or the emblem of the Army, Navy, 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 words "WORLD WAR II";
17.  Korean War Veteran License Plates - such plates shall be designed to honor honorably discharged former members of the United States Armed Forces who are residents of this state and who can be verified by the Oklahoma Military Department, the Department of Veterans Affairs or the Armed Forces of the United States as having served on federal active duty anytime during the period from June 27, 1950, to January 31, 1955, both dates inclusive.  The former members may apply for a Korean War Veteran license plate for vehicles with a rated carrying capacity of one (1) ton or less.
The license plate shall have the legend "OKLAHOMA" and shall contain, in the center of the plate, either the Thunderbird Insignia of the 45th Infantry Division in the prescribed red and gold coloring or the emblem of the Army, Navy, Air Force, Marines or Coast Guard according to the branch of service to which the member belonged.  For the purpose of license plate identification, the plate shall contain four digits, two digits at the left and two digits at the right of the insignia or emblem.  Centered on the bottom of the license plate shall be the word "KOREA";
18.  Municipal Official License Plates - such plates shall be designed for persons elected to a municipal office in this state and shall designate the name of the municipality and the district or ward in which the municipal official serves.  The plates shall only be produced upon application;
19.  Red Cross Volunteer License Plates - such plates shall be designed to honor American Red Cross volunteers and staff who are residents of this state.  Such persons must present an identification card issued by the American Red Cross and bearing a photograph of the person.  The license plate shall be designed with the assistance of the American Red Cross and shall have the legend "Oklahoma OK!" in the color Pantone 186C Red.  Below the legend the symbol of the American Red Cross and no more than three letters and three numbers shall be in the color Pantone 186C Red.  Below the symbol and letters and numbers shall be the words "American Red Cross" in black.  The plates shall not be subject to the design requirements of any other license plates prescribed by law other than the space for the placement of the yearly decals for each succeeding year of registration after the initial issue;
20.  Veterans of Foreign Wars License Plates - such plates shall be designed to honor the veterans of foreign wars and issued to any resident of this state who is a member of a Veterans of Foreign Wars organization in this state.  Such persons may apply for Veterans of Foreign Wars license plates upon proof of membership in a Veterans of Foreign Wars organization.  The license plate shall be designed in consultation with the Veterans of Foreign Wars organization;
21.  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;
22.  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;
23.  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;
24.  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;
25.  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;
26.  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;
27.  Somalia Combat Veterans License Plates – such plates shall be designed and issued to any honorably discharged or present member of the United States Armed Forces who saw combat in the United Nations relief effort.  Such persons may apply for a Somalia Combat Veteran license plate for each vehicle with a rated carrying capacity of one (1) ton or less;
28.  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;
29.  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;
30.  Merchant Marine License Plates - such plates shall be designed, subject to criteria to be presented to the Tax Commission 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; 
31.  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;
32.  Disabled Veterans License Plates - such plates shall be designed for persons presenting proper certification from the United States Department of Veterans Affairs or the Armed Forces of the United States certifying such veteran has a service-connected disability rating of fifty percent (50%) or more, regardless which agency pays the disability benefits, or that such veteran has been awarded a vehicle by the United States government or receives a grant from the United States Department of Veterans Affairs for the purchase of an automobile due to a service-connected disability rating or due to the loss of use of a limb or an eye.  Such persons may apply to the Tax Commission for a disabled veterans license plate or to a motor license agent 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, may apply for a disabled veterans license plate for one vehicle with a rated carrying capacity of one (1) ton or less.  The fee provided by this section for the special license plate authorized by this paragraph shall be in addition to all other registration fees provided by law, except the registration fees levied by Section 1132 of this title.  The total expense of this license plate shall not exceed Five Dollars ($5.00).
If the person qualifies for a disabled veterans license plate and is also eligible for an insignia as a physically disabled person under the provisions of Section 15-112 of this title, the person shall be eligible to receive a disabled veterans license plate that also displays the international accessibility symbol, which is a stylized human figure in a wheelchair.  Upon the death of the disabled veteran with a disabled veterans license plate with the international accessibility symbol, the plate shall be returned to the Tax Commission;
33.  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; 
34.  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;
35.  Amateur Radio Operator License Plates – such plates shall be designed and issued to any person, holding a valid operator's license, technician class or better, issued by the Federal Communications Commission, and who is also the owner of a motor vehicle currently registered in Oklahoma, in which has been installed amateur mobile transmitting and receiving equipment.  Eligible persons shall be entitled to two special vehicle identification plates as herein provided.  Application for such identification plates shall be on a form prescribed by the Oklahoma Tax Commission and the plates issued to such applicant shall have stamped thereon the word "Oklahoma" and bear the official call letters of the radio station assigned by the Federal Communications Commission to the individual amateur operator thereof.  All applications for such plates must be made to the Oklahoma Tax Commission on or before the first day of October of any year for such plates for the following calendar year and must be accompanied by the fee required in this section together with a certificate, or such other evidence as the Tax Commission may require, of proof that applicant has a valid technician class or better amateur operator's license and proof of his 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;
36.  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;
37.  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; 
38.  Surviving Spouse License Plates – such plates shall be designed for any resident of this state who is the surviving spouse of an honorably discharged veteran who died due to or as a consequence of a service-connected disability.  Such surviving spouse may, if not since remarried, or if remarried, the remarriage is terminated by death, divorce or annulment, apply for a Surviving Spouse license plate for one vehicle with a rated carrying capacity of one (1) ton or less; 
39.  Gold Star Survivor License Plates – such plates shall be designed to honor the surviving spouses of qualified veterans.  As used in this paragraph, “qualified veteran” shall mean:
a.	any person honorably discharged from any branch of the United States Armed Forces or as a member of the Oklahoma National Guard, who died as a direct result of the performance of duties for any branch of the United States Armed Forces or Oklahoma National Guard while on active military duty, or
b.	any person honorably discharged from any branch of the United States Armed Forces or as a member of the Oklahoma National Guard, who died as a result of injury, illness or disease caused by the performance of such duties while on active duty, whether the death occurred while on active duty or after the honorable discharge of such person;
40.  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; and
41.  180th Infantry License Plates – such plates shall be designed for members and prior members of the 180th Infantry.  Persons applying for such license plate must obtain and provide proof of their membership from the 180th Infantry Association.  The license plates shall be designed in consultation with the 180th Infantry.
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.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-257	JCR	1/2/2009 1:22:59 PM