Title: STATE OF OKLAHOMA
Author: Craig Thompson
Last saved by: Shriley Harrison
Company: Senate

ENGROSSED SENATE
BILL NO. 2207 	By:	Aldridge of the Senate

			and

		Nelson of the House

[ motor vehicles - payment of fines or penalties to a municipality - payment of fines or penalties to a county - Oklahoma Vehicle License and Registration Act - 		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2001, Section 14-111, as last amended by Section 1, Chapter 413, O.S.L. 2008 (11 O.S. Supp. 2009, Section 14-111), is amended to read as follows:
Section 14-111.  A.  The governing body of a municipality may provide for enforcement of its ordinances and establish fines, penalties, or imprisonment, as authorized by subsections B through ~~D~~ E of this section, for any offense in violation of its ordinances, which shall be recoverable together with costs of suit.  The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.
B.  1.  Except for municipal ordinances related to prostitution and as otherwise provided in this section, cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Two Hundred Dollars ($1,200.00) and costs or imprisonment not exceeding six (6) months or both the fine and imprisonment, but shall not have authority to enact any ordinance making unlawful an act or omission declared by state statute to be punishable as a felony.  Cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding six (6) months or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.  Cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Two Hundred Fifty Dollars ($1,250.00) and costs or imprisonment not exceeding six (6) months or both such fine and imprisonment for alcohol-related or drug-related traffic offenses.  The court shall remit Fifty Dollars ($50.00) of each alcohol fine or deferral fee to a fund of the municipality that shall be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic-related offenses involving alcohol or other intoxicating substances.
2.  For violations of municipal ordinances relating to prostitution, including but not limited to engaging in prostitution or soliciting or procuring prostitution, a municipal criminal court of record may enact ordinances prescribing an imprisonment not to exceed six (6) months, and fines as follows:  a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any such ordinances, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such ordinances, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such ordinances, or both such fine and imprisonment as well as a term of community service of not less than forty (40) nor more than eighty (80) hours.
C.  Municipalities having a municipal court not of record may enact ordinances prescribing maximum fines pursuant to the provisions of this subsection.  A municipal ordinance may not impose a penalty, including fine or deferral fee in lieu of a fine and costs, which is greater than that established by statute for the same offense.  The maximum fine or deferral fee in lieu of a fine for traffic-related offenses relating to speeding or parking shall not exceed Two Hundred Dollars ($200.00).  The maximum fine or deferral fee in lieu of a fine for alcohol-related or drug-related offenses shall not exceed Eight Hundred Dollars ($800.00).  For all other offenses, the maximum fine or deferral fee in lieu of a fine shall not exceed Seven Hundred Fifty Dollars ($750.00).  The court shall remit Fifty Dollars ($50.00) of each alcohol fine or deferral fee to a fund of the municipality that shall be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic-related offenses involving alcohol or other intoxicating substances.  The ordinances may prescribe costs pursuant to the provisions of Section 27-126 of this title or imprisonment not exceeding sixty (60) days or both the fine and imprisonment; provided, that municipalities having only a municipal court not of record shall not have authority to enact any ordinance making unlawful any act or omission declared by state statute to be punishable as a felony; provided further, that municipalities having a municipal court not of record may enact ordinances prescribing maximum fines of One Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding ninety (90) days or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.  If imprisonment is available for the offense, then that person charged shall have a right to a jury trial.
D.  Municipalities having both municipal criminal courts of record and municipal courts not of record may enact ordinances, within the authority of this section, for each court.
E.  The governing body of a municipality may provide for the payment of outstanding or delinquent fines, assessments or other debts which have resulted from conviction on any traffic violation, including parking violations associated with a motor vehicle payable to, collectible by, or administered by the municipality through a motor license agent pursuant to Section 1143.2 of Title 47 of the Oklahoma Statutes by placing a hold on the registration renewal for the motor vehicle associated with the violation.
F.  No municipality may levy a fine or deferral fee in lieu of a fine of over Fifty Dollars ($50.00) until it has compiled and published its penal ordinances as required in Sections 14-109 and 14-110 of this title.
~~F.~~ G.  No municipality may levy a fine of more than Ten Dollars ($10.00) nor court costs of more than Fifteen Dollars ($15.00) for exceeding the posted speed limit by no more than ten (10) miles per hour upon any portion of the National System of Interstate and Defense Highways, federal-aid primary highways, and the state highway system which are located on the outskirts of any municipality as determined in Section 2-117 of Title 47 of the Oklahoma Statutes.
SECTION 2.     AMENDATORY     Section 1, Chapter 271, O.S.L. 2009 (19 O.S. Supp. 2009, Section 863.13A), is amended to read as follows:
Section 863.13A  A.  A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.
B.  1.  In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations.  A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.
2.  In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:
a.	the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court.  The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,
b.	one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and
c.	as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.
3.  If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.
4.  Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00).  Jurisdiction is hereby conferred upon the district court within the county.
5.  Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.
6.  Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings to prevent or remove a violation.  The governing body of a county may provide for the payment of outstanding or delinquent fines, assessments or other debts which have resulted from conviction on any traffic violation, including parking violations associated with a motor vehicle payable to, collectible by, or administered by the county through a motor license agent pursuant to Section 1143.2 of Title 47 of the Oklahoma Statutes by placing a hold on the registration renewal for the motor vehicle associated with the violation.
SECTION 3.     AMENDATORY     47 O.S. 2001, Section 1115, as last amended by Section 1, Chapter 443, O.S.L. 2009 (47 O.S. Supp. 2009, 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.
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:
1.  Twenty-five cents ($0.25) shall be apportioned as provided in Section 1104 of this title;
2.  Twenty-five cents ($0.25) shall be retained by the motor license agent; and
3.  Fifty cents ($0.50) shall be deposited in the General Revenue Fund for the fiscal year beginning on July 1, 2009, 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 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.
H.  A hold may be placed on the renewal of registration required by this section by a municipality, county or the Department of Public Safety pursuant to subsection B of Section 1143.2 of this title if there is a conviction for a traffic violation, including parking violations, related to the motor vehicle for which renewal of registration is being sought.  If such hold is placed on the renewal, it shall be released by the entity which placed the hold after remittance of amounts required pursuant to subsection B of Section 1143.2 of this title in addition to any penalties provided in the Oklahoma Vehicle License and Registration Act for delinquent registration.
SECTION 4.     AMENDATORY     47 O.S. 2001, Section 1141.1, as last amended by Section 3, Chapter 443, O.S.L. 2009 (47 O.S. Supp. 2009, Section 1141.1), is amended to read as follows:
Section 1141.1  A.  Each motor license agent shall be entitled to retain the following amounts from the taxes and fees collected by such agent to be used to fund the operation of the office of such motor license agent subject to the provisions of Sections 1140 through 1147 of this title:
1.  Beginning July 1, 2005, Two Dollars and eighty-one cents ($2.81) for each vehicle registered and for each special license plate issued pursuant to the Oklahoma Vehicle License and Registration Act.  Beginning July 1, 2006, and thereafter, Three Dollars and fifty-six cents ($3.56) for each vehicle registered and for each special license plate issued pursuant to the Oklahoma Vehicle License and Registration Act;
2.  One Dollar and twenty-five cents ($1.25) for each certificate of title issued for boats and motors pursuant to the Oklahoma Statutes;
3.  For each certificate of registration issued for boats and motors pursuant to the Oklahoma Statutes, an amount determined pursuant to the provisions of subsection B of this section;
4.  Two Dollars and twenty-five cents ($2.25) for each certificate of title issued pursuant to the Oklahoma Vehicle License and Registration Act;
5.  Beginning October 1, 2000, three percent (3%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes.  Beginning July 1, 2001, each motor license agent shall be entitled to retain three and one hundred twenty-five one-thousandths percent (3.125%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes.  Beginning July 1, 2002, and for all subsequent years, each motor license agent shall be entitled to retain three and twenty-five one-hundredths percent (3.25%) of the vehicle excise tax collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes. However, beginning July 1, 2003, the Legislature shall annually review the percentage to be retained by the motor license agents pursuant to this paragraph to determine whether such percentage should be adjusted;
6.  Four percent (4%) of the excise tax collected on the transfer of boats and motors pursuant to the Oklahoma Statutes;
7.  Two Dollars ($2.00) for each driver license, endorsement, identification license, or renewal or duplicate issued pursuant to Section 6-101 et seq. of this title;
8.  Two Dollars ($2.00) for the recording of security interests as provided in Section 1110 of this title;
9.  Two Dollars ($2.00) for each inspection conducted pursuant to subsection L of Section 1105 of this title;
10.  Three Dollars ($3.00) for each inspection conducted pursuant to subsection M of Section 1105 of this title;
11.  One Dollar ($1.00) for each certificate of ownership filed pursuant to subsection Q of Section 1105 of this title;
12.  One Dollar ($1.00) for each temporary permit issued pursuant to Section 1124 of this title;
13.  One Dollar and fifty cents ($1.50) for processing each proof of financial responsibility, driver license information, insurance verification information, and other additional information as provided in Section 7-602 of this title;
14.  The mailing fees and registration fees provided in Sections 1131 and 1140 of this title;
15.  The notary fee provided in Section 1143 of this title;
16.  Three Dollars ($3.00) for each lien entry form completed and recorded on a certificate of title pursuant to subsection G of Section 1105 of this title;
17.  Seven Dollars ($7.00) for each notice of transfer as provided by subsection B of Section 1107.4 of this title;
18.  Seven Dollars ($7.00) for each certificate of title or each certificate of registration issued for repossessed vehicles pursuant to Section 1126 of this title;
19.  Any amount specifically authorized by law to be retained by the motor license agent for the furnishing of a summary of a traffic record and for renewing the registration for a motor vehicle on which a hold has been placed pursuant to subsection B of Section 1143.2 of this title; and
20.  Beginning July 1, 2009, each motor license agent shall also be entitled to a portion of the penalties for delinquent registration or payment of excise tax as provided for in subsection C of Section 1115, subsection F of Section 1132 and subsection C of Section 1151 of this title and of subsection A of Section 2103 of Title 68 of the Oklahoma Statutes.
The balance of the funds collected shall be remitted to the Oklahoma Tax Commission as provided in Section 1142 of this title to be apportioned pursuant to Section 1104 of this title.
B.  For each certificate of registration issued for boats and motors, each motor license agent shall be entitled to retain the greater of One Dollar and twenty-five cents ($1.25) or an amount to be determined by the Tax Commission according to the provisions of this subsection.  At the end of fiscal year 1997 and each fiscal year thereafter, the Tax Commission shall compute the average amount of registration fees for all boats and motors registered in this state during the fiscal year and shall multiply the result by six and twenty-two one-hundredths percent (6.22%).  The resulting product shall be the amount which may be retained by each motor license agent for each certificate of registration for boats and motors issued during the following calendar year.
SECTION 5.     AMENDATORY     Section 11, Chapter 534, O.S.L. 2004 (47 O.S. Supp. 2009, Section 1143.2), is amended to read as follows:
Section 1143.2  A.  In addition to the duties and functions authorized to be performed by motor license agents pursuant to the provisions of the Oklahoma Vehicle License and Registration Act, the Oklahoma Tax Commission is authorized to utilize motor license agents to perform the following duties:
1.  Process, receive, and issue permits, licenses, and registration relating to any tax which is payable to, collectible by, or administered by the Tax Commission;
2.  Accept documents, reports, or returns required to be filed with the Tax Commission and accept payment of remittances required to be made to the Tax Commission as provided by the tax laws of this state;
3.  Provide information regarding the status of any permit or license issued by the Tax Commission, or the franchise tax status of any corporation, upon written request and subject to the provisions of Section 205 of Title 68 of the Oklahoma Statutes and any other provision of law relating to the confidentiality of records or information; and
4.  Perform any other duties specified by the Tax Commission relating to the enforcement or administration of any state tax law.
B.  In addition to the duties and functions authorized to be performed by motor license agents pursuant to the provisions of the Oklahoma Vehicle License and Registration Act, the Department of Public Safety and any county or municipality shall be authorized to utilize motor license agents to perform the following duties:
1.  Renew a motor vehicle registration, as such renewal is required by Section 1115 of this title, on which a hold has been placed pursuant to subsection H of Section 1115 of this title, if the applicant for renewal has remitted to the motor license agent any outstanding or delinquent fines, assessments or other debts payable to, collectible by or administered by the Department of Public Safety or any county or municipality as the result of a final conviction of any traffic violation associated with the motor vehicle; provided, the applicant for renewal may also provide to the motor license agent proof authorized by the Department of Public Safety, a county or a city that outstanding amounts have been paid; and
2.  Upon acceptance of remittance for outstanding or delinquent fines, assessments or other debts payable to, collectible by or administered by the Department of Public Safety or any county or municipality, the motor license agent shall forward such remittance to the appropriate entity;
C.  Any permit, license, or registration issued by a motor license agent, and any document, report, return, or remittance accepted by a motor license agent, pursuant to the provisions of subsection A of this section, shall be deemed on the date of such issuance or acceptance to have been issued or accepted by the Tax Commission, Department of Public Safety municipality or county.
~~C.~~ D.  In addition to the amounts authorized to be retained by motor license agents pursuant to the provisions of Section 1141.1 of Title 47 of the Oklahoma Statutes, motor license agents shall be entitled to charge and receive fees for duties performed pursuant to the provisions of this section as provided by law.  For the duties performed pursuant to subsection B of this section, motor license agents shall be entitled to charge and receive a fee of Twenty-five Dollars ($25.00).
SECTION 6.  This act shall become effective January 1, 2011.
Passed the Senate the 1st day of March, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2010.

	
Presiding Officer	of the House
	of Representatives

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