STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 968	By:	Johnson (Rob)

AS INTRODUCED

An Act relating to voluntary contributions for safety program; amending 47 O.S. 2001, Sections 1105, as last amended by Section 3, Chapter 297, O.S.L. 2008, 1107, as amended by Section 5, Chapter 381, O.S.L. 2005 and 1115, as last amended by Section 18, Chapter 412, O.S.L. 2010 (47 O.S. Supp. 2010, Sections 1105, 1107 and 1115), which relate to the Oklahoma Motor Vehicle License and Registration Act; requiring the Oklahoma Tax Commission or any motor license agent issuing a certificate of title, transferring title or renewing annual vehicle registration to make certain inquiry; allowing specified applicants for certificate of title, transfer of title or registration renewal to donate specified amount to Oklahoma Sports Eye Safety Program Revolving Fund; creating Oklahoma Sports Eye Safety Program Revolving Fund and providing for purpose, administration and expenditure thereof; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 1105, as last amended by Section 3, Chapter 297, O.S.L. 2008 (47 O.S. Supp. 2010, Section 1105), is amended to read as follows:
Section 1105.  A.  As used in the Oklahoma Vehicle License and Registration Act:
1.  “Salvage vehicle” means any vehicle which is within the last ten (10) model years and which has been damaged by collision or other occurrence to the extent that the cost of repairing the vehicle for safe operation on the highway exceeds sixty percent (60%) of its fair market value, as defined by Section 1111 of this title, immediately prior to the damage.  For purposes of this section, actual repair costs shall only include labor and parts for actual damage to the suspension, motor, transmission, frame or unibody and designated structural components;
2.  “Rebuilt vehicle” means any salvage vehicle which has been rebuilt and inspected for the purpose of registration and title;
3.  “Flood-damaged vehicle” means a salvage or rebuilt vehicle which was damaged by flooding or a vehicle which was submerged at a level to or above the dashboard of the vehicle and on which an amount of loss was paid by the insurer;
4.  “Unrecovered-theft vehicle” means a vehicle which has been stolen and not yet recovered;
5.  “Recovered-theft vehicle” means a vehicle, including a salvage or rebuilt vehicle, which was recovered from a theft; and
6.  “Junked vehicle” means any vehicle which is incapable of operation or use on the highway, has no resale value except as a source of parts or scrap and has an eighty percent (80%) loss in fair market value.
B.  The owner of every vehicle in this state shall possess a certificate of title as proof of ownership of such vehicle, except those vehicles registered pursuant to Section 1120 of this title and trailers registered pursuant to Section 1133 of this title, previously titled by anyone in another state and engaged in interstate commerce, and except as provided in subsection M of this section.  Except for owners that possess an agricultural exemption permit pursuant to Section 1358.1 of Title 68 of the Oklahoma Statutes, the owner of an all-terrain vehicle or a motorcycle used exclusively off roads or highways in this state which is purchased or the ownership of which is transferred on or after July 1, 2005, and the owner of a utility vehicle used exclusively off roads and highways in this state which is purchased or the ownership of which is transferred on or after July 1, 2008, shall possess a certificate of title as proof of ownership.  Any person possessing an agricultural exemption permit and owning an all-terrain vehicle or a motorcycle used exclusively off roads or highways in this state which is purchased or the ownership of which is transferred on or after July 1, 2008, shall possess a certificate of title as proof of ownership.  Upon receipt of proper application information by such owner, the Oklahoma Tax Commission 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 the certificate of title.  There shall be seven types of certificates of title:
1.  Original title for any motor vehicle which is not a remanufactured, salvage, unrecovered-theft, rebuilt or junked vehicle;
2.  Salvage title for any motor vehicle which is a salvage vehicle or is specified as a salvage vehicle or the equivalent thereof on a certificate of title from another state;
3.  Rebuilt title for any motor vehicle which is a rebuilt vehicle;
4.  Junked title for any motor vehicle which is a junked vehicle or is specified as a junked vehicle or the equivalent thereof on a certificate of title from another state;
5.  Classic title for any motor vehicle, except a junked vehicle, which is twenty-five (25) model years or older;
6.  Remanufactured title for any vehicle which is a remanufactured vehicle; and
7.  Unrecovered-theft title for any motor vehicle which has been stolen and not recovered.
Application for a certificate of title, whether the initial certificate of title or a duplicate, may be made to the Tax Commission or any motor license agent.  When application is made with a motor license agent, the application information shall be transmitted either electronically or by mail to the Tax Commission by the motor license agent.  If the application information is transmitted electronically, the motor license agent shall forward the required application along with evidence of ownership, where required, by mail.  Where the transmission of application information cannot be performed electronically, the Tax Commission is authorized to provide postage paid envelopes to motor license agents for the purpose of mailing the application along with evidence of ownership, where required.  The Tax Commission shall upon receipt of proper application information issue an Oklahoma certificate of title.  The certificates may be mailed to the applicant.  Upon issuance of a certificate of title, the Tax Commission shall provide the appropriate motor license agent with confirmation of such issuance.
C.  1.  The application for certificate of title shall be upon a blank form furnished by the Tax Commission, containing:
a.	a full description of the vehicle,
b.	the manufacturer’s serial or other identification number,
c.	the motor number and the date on which first sold by the manufacturer or dealer to the owner,
d.	any distinguishing marks,
e.	a statement of the applicant’s source of title,
f.	any security interest upon the vehicle, and
g.	such other information as the Tax Commission may require.
2.  The application for a certificate of title for a vehicle which is within the last seven (7) model years shall require a declaration as to whether the vehicle has been damaged by collision or other occurrence and whether the vehicle has been recovered from theft and the extent of the damage to the vehicle.  The declaration shall be made by the owner of a vehicle if:
a.	the vehicle has been damaged or stolen,
b.	the owner did or did not receive any payment for the loss from an insurer, or
c.	the vehicle is titled or registered in a state that does not classify the vehicle or brand the title because of damage to or loss of the vehicle similar to the classifications or brands utilized by this state.
The declaration shall be based upon the best information and knowledge of the owner and shall be in addition to the requirements specified in paragraph 1 of this subsection.  The Tax Commission shall not issue a certificate of title for a vehicle which is subject to the provisions of this paragraph without the required declaration, completed and signed by the owner of the vehicle.  Upon receipt of an application without the properly completed declaration, the Tax Commission shall return the application to the applicant with notice that the title may not be issued without the required declaration.  Nothing in this paragraph shall prohibit the Tax Commission from recognizing the type of or brand on a title or other ownership document issued by another state or the inspection conducted in another state and issuing the appropriate certificate of title for the vehicle.
3.  The certificate of title shall have the following security features:
a.	intaglio printing or security thread, with or without watermark,
b.	latent images,
c.	fluorescent inks,
d.	micro print,
e.	void background, and
f.	color coding.
4.  Each title issued pursuant to the provisions of the Oklahoma Vehicle License and Registration Act shall be color coded as determined by the Tax Commission.
5.  The certificate of title shall be of such size and design and color as the Tax Commission may direct pursuant to the provisions of this section.  The title shall be on colored paper or other material as designated by the Tax Commission 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, 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 or classic title shall be identified by the word “Original”, “Rebuilt”, “Remanufactured”, “Unrecovered Theft” or “Classic” printed in the upper right quadrant of the certificate of title, in the space which is currently captioned “type of title”.
D.  1.  To obtain an original certificate of title for a vehicle that is being registered for the first time in this state which has not been previously registered in any other state, the applicant shall be required to deliver, as evidence of ownership, a manufacturer’s certificate of origin properly assigned by the manufacturer, distributor, or dealer licensed in this or any other state shown thereon to be the last transferee to the applicant upon a form to be prescribed and approved by the Tax Commission.  A manufacturer’s certificate of origin shall contain:
a.	the manufacturer’s serial or other identification number,
b.	date on which first sold by the manufacturer to the dealer,
c.	any distinguishing marks including model and the year same was made,
d.	a statement of any security interests upon the vehicle, and
e.	such other information as the Tax Commission may require.
2.  The manufacturer’s certificate of origin shall have the following security features:
a.	intaglio printing or security thread, with or without watermark,
b.	latent images,
c.	fluorescent inks,
d.	micro print, and
e.	void background.
E.  In the absence of a dealer’s or manufacturer’s number, the Tax Commission may assign such identifying number to the vehicle, which shall be permanently stamped, burned or pressed or attached into the vehicle, and a certificate of title shall be delivered to the applicant upon payment of all fees and taxes, and the remaining copies shall be permanently filed and indexed by the Tax Commission.  The Tax Commission shall assign an identifying number to any rebuilt vehicle if the vehicle identification number displayed on the rebuilt vehicle does not accurately describe the vehicle as rebuilt.  The motor license agent, at the time of inspection of the rebuilt vehicle pursuant to Section 1111 of this title, shall identify the make, model, and year for the body to accurately describe the rebuilt vehicle.  At the time of the inspection, an appropriate identifying number shall be permanently stamped, burned, pressed, or attached on the rebuilt vehicle.  The assigned identifying number shall be recorded on the certificate of title for the rebuilt vehicle.  The dealer’s or manufacturer’s vehicle identification number on the rebuilt vehicle shall be preserved in the computer files of the Tax Commission for at least five (5) years.
F.  When registering for the first time in this state a vehicle which was not originally manufactured for sale in the United States, to obtain a certificate of title, the Tax Commission shall require the applicant to deliver:
1.  As evidence of ownership, if the vehicle has not previously been titled in the United States, the documents constituting valid proof of ownership in the country in which the vehicle was originally purchased, together with a notarized translation of any such documents; and
2.  As evidence of compliance with federal law, copies of the bond release letters for the vehicle issued by the United States Environmental Protection Agency and the United States Department of Transportation, together with a receipt issued by the Internal Revenue Service indicating that the applicable federal gas guzzler tax has been paid.
The Tax Commission shall not issue a certificate of title for a vehicle which is subject to the provisions of this paragraph without the required documentation from agencies of the United States and evidence of ownership.  Upon receipt of an application without the required documentation, the Tax Commission shall return the application to the applicant with notice that the certificate of title may not be issued without the required documentation.  Nothing in this paragraph shall prohibit the Tax Commission 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 3 of Enrolled Senate Bill No. 1998 of the 2nd Session of the 51st Oklahoma Legislature 1151.3 of this title, or for medium-speed electric vehicles.
G.  When registering in this state a vehicle which was titled in another state and which title contains the name of a secured party on the face of the other state certificate of title, or such state certificate is being held by the secured party in that state or any other state, the Tax Commission or the motor license agent shall complete a lien entry form as prescribed by the Tax Commission.  The owner of such vehicle shall file an affidavit with the Tax Commission or the motor license agent stating that title to the vehicle is being held by a secured party, has not been issued pursuant to the laws of the state where titled, and that there is an existing lien or encumbrance on the vehicle.  The current name and address of the secured party or lienholder shall also be stated in the affidavit.  The form of the affidavit shall be prescribed by the Tax Commission and contain any other information deemed necessary by the Tax Commission.  A statement of the lien or encumbrance shall be included on the Oklahoma certificate of title and the lien or encumbrance shall be deemed continuously perfected as though it had been perfected pursuant to Section 1110 of this title.  For completing the lien entry form and recording the security interest on the certificate of title, the Tax Commission or the motor license agent shall collect a fee of Three Dollars ($3.00) which shall be in addition to other fees provided by the Oklahoma Vehicle License and Registration Act.  The fee, if collected by the motor license agent pursuant to this subsection, shall be retained by the motor license agent.
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.  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.  The Oklahoma Tax Commission or any motor license agent issuing a certificate of title shall, at the time of presentation of a completed application for a title, inquire of each applicant whether the applicant chooses to make a voluntary One Dollar ($1.00) contribution to the Oklahoma Sports Eye Safety Program Revolving Fund created in Section 4 of this act.  Any voluntary contribution shall be added to the fee paid pursuant to this subsection and shall be credited to the Oklahoma Sports Eye Safety Program Revolving Fund.
I.  The vehicle identification number of a junked vehicle shall be preserved in the computer files of the Tax Commission 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.
J.  If a vehicle is sold to a resident of another state destroyed, dismantled, or ceases to be used as a vehicle, the owner shall immediately notify the Tax Commission.  Absent evidence to the contrary, failure to notify the Tax Commission shall be prima facie evidence that the vehicle has been in continuous operation in this state.
K.  If a vehicle is stolen, the owner shall immediately notify the appropriate law enforcement agency.  Immediately after receiving such notification, the law enforcement agency shall notify the Tax Commission.
L.  Except for all-terrain vehicles, utility vehicles and motorcycles used exclusively for off-road use, no title for an out-of-state vehicle, except any commercial truck or truck-tractor registered pursuant to Section 1120 of this title which is engaged in interstate commerce or any trailer or semitrailer registered pursuant to Section 1133 of this title which is engaged in interstate commerce, shall be issued without an inspection of such vehicle and payment of a fee of Four Dollars ($4.00) for such inspection; provided, the Tax Commission may enter into reciprocal agreements with other states for such inspections to be performed at locations outside the boundaries of this state for vehicles which:
1.  Are offered for sale at auction;
2.  Have been solely used as vehicles for rent under the ownership of a licensed motor vehicle dealer or a person engaged in the business of renting motor vehicles; or
3.  Have not been registered in this or any other state for more than one (1) year.
The inspection shall include a comparison of the vehicle identification number on the vehicle with the number recorded on the ownership records and the recording of the actual odometer reading on the vehicle.  The four-dollar fee shall be collected by the motor license agent or Tax Commission when the title is issued.  The motor license agent shall retain Two Dollars ($2.00).  The remaining Two Dollars ($2.00) shall be deposited in the Oklahoma Tax Commission Reimbursement Fund.
The Tax Commission may allow the inspection to be performed at a location out-of-state by another state’s department of motor vehicles or state police.
M.  No title for any out-of-state vehicle offered for sale at salvage pools, salvage disposal sales, or an auction, or by a dealer or a licensed automotive dismantler and parts recycler, shall be issued without an inspection to compare the vehicle identification number on the vehicle with the number recorded on the ownership record and to record the actual odometer reading on the vehicle.  Upon request of the seller, person or entity conducting an auction, dealer or licensed dismantler, the inspection shall be conducted at the location or place of business of the sale, auction, dealer, or the dismantler.  The inspection shall be conducted by any motor license agent or a duly authorized employee thereof; provided, if the vehicle identification number on the vehicle offered for sale at salvage pools, salvage disposal sales or a classic or antique auction does not match the number recorded on the ownership record, the inspection may be conducted at the location of or place of business of such sale or auction by any state, county or city law enforcement officer.  The Tax Commission may enter into reciprocal agreements with other states for such inspections to be performed at locations outside the boundaries of this state for vehicles which:
1.  Are offered for sale at auction;
2.  Have been solely used as vehicles for rent under the ownership of a licensed motor vehicle dealer or a person engaged in the business of renting motor vehicles; or
3.  Have not been registered in this or any other state for more than one (1) year.
The inspection shall be certified upon forms prescribed by the Tax Commission.  The name and other identification of the authorized person conducting the inspection shall be legibly printed or typed on the form.  Prior to any inspection by any employee of a motor license agent, the motor license agent shall notify the Tax Commission of the name and any other identification information requested by the Tax Commission of the authorized person.  A signature specimen of the authorized person shall be submitted to the Tax Commission by the employing motor license agent.  If the authorization to inspect vehicles is withdrawn or the employer-employee relationship is terminated, the motor license agent, immediately, shall notify the Tax Commission and return any remaining inspection forms to the Tax Commission.  The fee for the inspection shall be Four Dollars ($4.00).  The motor license agent shall retain Three Dollars ($3.00) of the fee.  Fees received by a motor license agent or an authorized employee thereof shall be handled and accounted for in the manner as prescribed by law for any other fees paid to or received by a motor license agent.  Out-of-state vehicles brought into this state by a person licensed in another state to sell new or used vehicles to be sold within this state at a motor vehicle auction which is limited to dealer-to-dealer transactions shall not be required to be inspected, unless the vehicle is purchased by an Oklahoma dealer.  Any person licensed in another state to sell new or used motor vehicles, who offers a motor vehicle for sale within this state at a motor vehicle auction which is limited to dealer-to-dealer transactions, shall not be within the definition of “owner” in Section 1102 of this title, for purposes of Section 1101 et seq. of this title.
N.  A licensed motor vehicle dealer, upon payment of a fee of Fifteen Dollars ($15.00), may reassign an out-of-state certificate of title to a used motor vehicle provided such dealer obtains the appropriate inspection form required by either subsection L or M of this section and attaches the form to the out-of-state certificate of title.  Motor license agents shall be allowed to retain Two Dollars and twenty-five cents ($2.25) of the fee plus an additional Two Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections L and M of this section for performance of the inspection.  Two Dollars ($2.00) of the fee shall be deposited in the Tax Commission Reimbursement Fund.  An out-of-state vehicle which has been rebuilt shall be inspected pursuant to the provisions of Section 1111 of this title.  The Tax Commission shall train motor license agents in interpreting vehicle identification numbers to assure that it accurately describes the vehicle and to detect rollback or alteration of the odometer.  Failure of a motor license agent to inspect the vehicle and make the required notations shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) for the first offense and Five Thousand Dollars ($5,000.00) for the second offense or subsequent offense, or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
O.  The ownership of any unrecovered vehicle which has been declared a total loss by an insurer because of theft shall be transferred to the insurer by an unrecovered-theft vehicle title; provided, the ownership of any such vehicle which has been declared a total loss by an insurer licensed by the Insurance Department of the State of Oklahoma and maintaining a multi-state motor vehicle salvage processing center in this state shall be transferred to the insurer by a salvage or an unrecovered-theft title without the requirement of a visual inspection of the vehicle identification number by the insurer.  Upon recovery of the vehicle, the ownership shall be transferred by an original title, salvage title, or junked title, as may be appropriate based upon an estimate of the amount of loss submitted by the insurer.
P.  The owner of any vehicle which is incapable of operation or use on the public roads and has no resale value, except as parts, scrap or junk, may deliver the certificate of title to the vehicle to the Tax Commission for cancellation.  Upon verification that any perfected lien against the vehicle has been released, the certificate of title shall be canceled without any fee, charge, or cost required from the owner.  The vehicle identification numbers on the certificates of title shall be preserved in the computer files of the Tax Commission for at least five (5) years from the date of cancellation of the certificate of title.  The Tax Commission shall prescribe and provide an affidavit form to be completed by the owner of any vehicle for which the certificate of title is canceled.  No title or registration shall subsequently be issued for a vehicle for which the certificate of title has been surrendered pursuant to this subsection.  The Tax Commission shall prescribe a form for the transfer of ownership of a vehicle for which the certificate of title has been canceled.
Q.  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 shall transfer the vehicle only upon a certificate of ownership prescribed by the Tax Commission, if the certificate of title to the vehicle is lost, has been canceled, or otherwise not available.  The prescribed ownership form shall include the names and addresses of the buyer and seller, the driver license number or social security number of the seller, the make and model of the vehicle, and the public vehicle identification number.  If there is no public vehicle identification number, the vehicle shall be inspected by a law enforcement officer to verify the absence of the number on the vehicle and the prescribed ownership form shall include a signed statement, by such officer, verifying the absence of the number.
The certificate of ownership shall be completed in triplicate.  The buyer and seller shall each retain a copy.  Within thirty (30) days of the transaction, the seller shall submit one copy to the Tax Commission or a motor license agent accompanied with a fee of Four Dollars ($4.00).  One Dollar ($1.00) shall be retained by the motor license agent and Three Dollars ($3.00) shall be deposited in the Oklahoma Tax Commission Reimbursement Fund in the State Treasury.
Upon receipt of the certificate, the Tax Commission shall verify that any perfected lien upon the vehicle has been released.  If the lien is not released, the Tax Commission shall mail notice of the transfer to the lienholder at the lienholder’s last-known address.  If a certificate of title has been issued, it shall be canceled and the vehicle identification number shall be preserved in the computer of the Tax Commission 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.
R.  The Tax Commission 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.
S.  When registering for the first time in this state a remanufactured vehicle which has not been registered in any other state since its remanufacture, before issuing a certificate of title, the Tax Commission shall require the applicant to deliver a statement of origin from the remanufacturer.
T.  If a vehicle is sold to a foreign buyer pursuant to the provisions of the Automotive Dismantlers and Parts Recycler Act, the licensed seller shall stamp the title with:  “EXPORT ONLY.  NONTRANSFERABLE IN THE UNITED STATES.”  The licensed seller shall supply the Tax Commission the title number, the vehicle identification number and the foreign buyer’s bid identification number on a form prescribed by the Tax Commission.  The Tax Commission shall cancel the title, and the vehicle identification number shall be preserved in the computer files of the Tax Commission for a period of not less than five (5) years.
U.  The Tax Commission shall not be considered a necessary party to any lawsuit which is instigated for the purpose of determining ownership of a vehicle, wherein the Tax Commission’s only involvement would be to issue title, and the court shall issue an order dismissing the Tax Commission from the pending action.  In the event no other party or lienholder can be identified as to ownership or claim, the Tax Commission shall accept an affidavit of ownership from the party claiming ownership and issue proper title thereon.
SECTION 2.     AMENDATORY     47 O.S. 2001, Section 1107, as amended by Section 5, Chapter 381, O.S.L. 2005 (47 O.S. Supp. 2010, Section 1107), is amended to read as follows:
Section 1107.  A.  In the event of the sale or transfer of the ownership of a vehicle for which a certificate of title has been issued as provided by Section 1105 of this title, the holder of such certificate shall endorse on the back of same a complete assignment thereof with warranty of title in form printed thereon with a statement of all liens or encumbrances on the vehicle, sworn to before a notary public or some other person authorized by law to take acknowledgments, and deliver same to the purchaser or transferee at the time of delivery to the purchaser or transferee of the vehicle.  The purchaser or transferee, unless such person is a bona fide used motor vehicle dealer licensed by this state, or a charitable organization shall, within thirty (30) days from the time of delivery to the purchaser or transferee of the vehicle, present the assigned certificate of title and the insurance security verification to the vehicle to the Oklahoma Tax Commission, or one of its motor license agents, 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.  Any charitable organization utilizing the exemption authorized by this subsection shall receive training as prescribed by the Oklahoma Used Motor Vehicle and Parts Commission.  The Oklahoma Tax Commission or any motor license agent assigning a new certificate of title shall, at the time of presentation of the assigned certificate of title and insurance security verification, inquire of each applicant whether the applicant chooses to make a voluntary One Dollar ($1.00) contribution to the Oklahoma Sports Eye Safety Program Revolving Fund created in Section 4 of this act.  Any voluntary contribution shall be added to the fee paid pursuant to this subsection and shall be credited to the Oklahoma Sports Eye Safety Program Revolving Fund.
B.  A licensed dealer or charitable organization shall, on selling or otherwise disposing of a vehicle, execute and deliver to the purchaser thereof the certificate of title properly and completely reassigned.  Thereupon, the purchaser of the vehicle shall present the reassigned certificate to the Commission, or a motor license agent, 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.  The certificate, when so assigned and returned to the Commission, together with any subsequent assignment or reissue thereof, shall be appropriately filed and indexed so that at all times it will be possible to trace title to the vehicle designated therein.  Provided, when the ownership of any motor vehicle shall pass by operation of law, the person owning the vehicle may, upon furnishing satisfactory proof to the Commission of ownership, procure a title to the motor vehicle, regardless of whether a certificate of title has ever been issued.  The dealer shall execute and deliver to the purchaser bills of sale on forms prescribed by the Commission for all new vehicles sold by the dealer.  On presentation of a bill of sale executed on forms prescribed by the Commission, by a manufacturer or dealer for a new vehicle sold in this state, accompanied by remittance in the sum of Eleven Dollars ($11.00), together with any motor vehicle excise tax or license fee that may be due, a certificate of title shall be issued in accordance with the provisions of the Oklahoma Vehicle License and Registration Act.  One Dollar ($1.00) of each fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund.  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.
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 3.     AMENDATORY     47 O.S. 2001, Section 1115, as last amended by Section 18, Chapter 412, O.S.L. 2010 (47 O.S. Supp. 2010, Section 1115), is amended to read as follows:
Section 1115.  A.  Unless provided otherwise by statute, the following vehicles shall be registered annually:  manufactured homes, vehicles registered with a permanent nonexpiring license plate pursuant to Section 1113 of this title, and commercial vehicles registered pursuant to the installment plan provided in subsection H of Section 1133 of this title.  The following schedule shall apply for such vehicle purchased in this state or brought into this state by residents of this state:
1.  Between January 1 and March 31, the payment of the full annual fee shall be required;
2.  Between April 1 and June 30, the payment of three-fourths (3/4) the annual fee shall be required;
3.  Between July 1 and September 30, the payment of one-half (1/2) the annual fee shall be required; and
4.  Between October 1 and November 30, one-fourth (1/4) the annual fee shall be required.
License plates or decals for each year shall be made available on December 1 of each preceding year for such vehicles.  Any person who purchases such vehicle or manufactured home between December 1 and December 31 of any year shall register it within thirty (30) days from date of purchase and obtain a license plate or Manufactured Home License Registration Decal, as appropriate, for the following calendar year upon payment of the full annual fee.  Unless provided otherwise by statute, all annual license, registration and other fees for such vehicles shall be due and payable on January 1 of each year and if not paid by February 1 shall be deemed delinquent.
B.  1.  All vehicles, other than those required to be registered pursuant to the provisions of subsection A of this section, shall be registered on a staggered system of registration and licensing on a monthly series basis to distribute the work of registering such vehicles as uniformly and expeditiously as practicable throughout the calendar year.  After the end of the month following the expiration date, the license and registration fees for the new registration period shall become delinquent.
2.  All fleet vehicles registered pursuant to new applications approved pursuant to the provisions of Section 1120 of this title shall be registered on a staggered system monthly basis.
3.  Applicants seeking to establish Oklahoma as the base jurisdiction for registering apportioned fleet vehicles shall have a one-time option of registering for a period of not less than six (6) months nor greater than eighteen (18) months.  Subsequent renewals for these registrants will be for twelve (12) months, expiring on the last day of the month chosen by the registrant under the one-time option as provided herein.  In addition, registrants with multiple fleets may designate a different registration month of expiration for each fleet.
As used in this section, “fleet” shall have the same meaning as set forth in the International Registration Plan.
4.  Effective January 1, 2004, all motorcycles and mopeds shall be registered on a staggered system of registration.  The Oklahoma Tax Commission shall notify in writing, prior to December 1, 2003, all owners of motorcycles or mopeds registered as of such date, who shall have a one-time option of registering for a period of not less than three (3) months nor greater than fifteen (15) months.  Subsequent renewals for these registrants will be for twelve (12) months, expiring on the last day of the month chosen by the registrant under the one-time option as provided herein.  All motorcycles and mopeds registered pursuant to new applications received on or after December 1, 2003, shall also be registered pursuant to the provisions of this paragraph.
5.  The Oklahoma Tax Commission or any motor license agent renewing annual registration pursuant to paragraph 1 of this subsection shall, at the time of payment of the fee provided for in Section 1132 of this title, inquire of each applicant whether the applicant chooses to make a voluntary One Dollar ($1.00) contribution to the Oklahoma Sports Eye Safety Program Revolving Fund created in Section 4 of this act.  Any voluntary contribution shall be added to the fee paid pursuant to this subsection and shall be credited to the Oklahoma Sports Eye Safety Program Revolving Fund.
C.  The following penalties shall apply for delinquent registration fees:
1.  For fleet vehicles required to be registered pursuant to the provisions of Section 1120 of this title for which a properly completed application for registration has not been received by the Corporation Commission by the last day of the month following the registration expiration date, a penalty of thirty percent (30%) of the Oklahoma portion of the annual registration fee, or Two Hundred Dollars ($200.00), whichever is greater, shall be assessed.  The license and registration cards issued by the Corporation Commission for each fleet vehicle shall be valid until two (2) months after the registration expiration date;
2.  For commercial vehicles registered under the provisions of subsection B of this section, except those vehicles registered pursuant to Section 1133.1 of this title, a penalty shall be assessed after the last day of the month following the registration expiration date.  A penalty of twenty-five cents ($0.25) per day shall be added to the license fee of such vehicle and shall accrue for one (1) month.  Thereafter, the penalty shall be thirty percent (30%) of the annual registration fee, or Two Hundred Dollars ($200.00), whichever is greater;
3.  For new or used manufactured homes, not registered within thirty (30) days from date of purchase or date such manufactured home was brought into this state, a penalty equal to the registration fee shall be assessed; or
4.  Except as provided in subsection H of Section 1133 of this title, for all other vehicles a penalty shall be assessed after the last day of the month following the expiration date.  A penalty of One Dollar ($1.00) per day shall be added to the license fee of such vehicle, provided that the penalty shall not exceed One Hundred Dollars ($100.00).  Of each dollar penalty collected pursuant to this subsection:
a.	twenty-five cents ($0.25) shall be apportioned as provided in Section 1104 of this title,
b.	twenty-five cents ($0.25) shall be retained by the motor license agent, and
c.	fifty cents ($0.50) shall be deposited in the General Revenue Fund for the fiscal year beginning on July 1, 2010, and for all subsequent fiscal years, shall be deposited in the State Highway Construction and Maintenance Fund.
D.  In addition to all other penalties provided in the Oklahoma Vehicle License and Registration Act, the following penalties shall be imposed and collected by any Enforcement Officer enforcement officer of the Corporation Commission upon finding any commercial vehicle being operated in violation of the provisions of the Oklahoma Vehicle License and Registration Act.
The penalties shall apply to any commercial vehicle found to be operating in violation of the following provisions:
1.  A penalty of not less than Fifty Dollars ($50.00) shall be imposed upon any person found to be operating a commercial vehicle sixty (60) days after the end of the month in which the license plate or registration credentials expire without the current year license plate or registration credential displayed.  Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title.  Revenue from such penalties shall be apportioned as provided in Section 1167 of this title;
2.  A penalty of not less than Fifty Dollars ($50.00) shall be imposed for any person operating a commercial vehicle subject to the provisions of Section 1120 or Section 1133 of this title without the proper display of, or, carrying in such commercial vehicle, the identification credentials issued by the Corporation Commission as evidence of payment of the fee or tax as provided in Section 1120 or Section 1133 of this title.  Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title.  Revenue from such penalties shall be apportioned as provided in Section 1167 of this title; and
3.  A penalty of not less than One Hundred Dollars ($100.00) shall be imposed for any person that fails to register any commercial vehicle subject to the Oklahoma Vehicle License and Registration Act.  Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title.  Revenue from such penalties shall be apportioned as provided in Section 1167 of this title.
E.  The Tax Commission, or Corporation Commission with respect to vehicles registered under Section 1120 or Section 1133 of this title, shall assess the registration fees and penalties for the year or years a vehicle was not registered.  For vehicles not registered for two (2) or more years, the registration fees and penalties shall be due only for the current year and one (1) previous year.
F.  In addition to any other penalty prescribed by law, there shall be a penalty of not less than Twenty Dollars ($20.00) upon a finding by an enforcement officer that:
1.  The registration of a vehicle registered pursuant to Section 1132 of this title is expired and it is sixty (60) or more days after the end of the month of expiration; or
2.  The registration fees for a vehicle that is subject to the registration fees pursuant to Section 1132 of this title have not been paid.
Such penalty shall not exceed the amount established by the Corporation Commission pursuant to the provisions of subsection A of Section 1167 of this title.  Revenue from such penalties shall be apportioned as provided in Section 1167 of this title.
G.  If a vehicle is donated to a nonprofit charitable organization, the nonprofit charitable organization shall be exempt from paying any current or past due registration fees, excise tax, transfer fees, and penalties and interest.  However, after the donation, if the person donating the vehicle, or someone on behalf of such person, purchases the same vehicle back from the nonprofit charitable organization to which the vehicle was donated, such person shall be liable for all current and past-due registration fees, excise tax, title or transfer fees, and penalties and interest on such vehicle.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 79 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created in the State Treasury a revolving fund to be designated the "Oklahoma Sports Eye Safety Program Revolving Fund" administered by the State Department of Health.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all the monies received by the State Department of Health pursuant to the provisions of this act, any other section of law and any other monies that may be deposited into the fund.  All monies accruing to the credit of the fund are appropriated and may be budgeted and expended by the State Department of Health for the purposes of:
1.  Exploring opportunities to utilize nonprofit organizations to provide sports eye safety information or sports eye safety equipment to children age eighteen (18) and under; and
2.  Establishing a sports eye safety grant program for the purchase and distribution of sports eye safety programs and materials to classrooms in this state and sports eye safety protective wear to children age eighteen (18) and under.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
SECTION 5.  This act shall become effective November 1, 2011.

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