Status as of 12/16/03 - State Bill 575 never became law. Thanks largely to the efforts of LHBOA and those of many boaters from Lake Hefner, the bill was not brought to a vote. LHBOA did work with the City to install the marine pump out station located at the marina courtesy dock.
For future reference, SB 575 is documented below.
SECTION 2. NEW LAW A new
section of law to be codified in the Oklahoma Statutes as Section 4213.2
of Title 63, unless there is created a duplication in numbering, reads
as follows:
A. Marina operators, new and used boat dealers,
and boat repair shops shall cooperate with the Department of Public Safety
and the Oklahoma Tax Commission to ensure that all vessel owners are aware
of the Oklahoma Marine Sanitation Act and that all vessels, marine toilets,
marine sanitation devices and systems, and disposal systems are in compliance
with the Oklahoma Marine Sanitation Act.
B. When accepting new vessel storage customers,
marina operators shall inform vessel owners and operators of the requirements
of the Oklahoma Marine Sanitation Act.
SECTION 3. AMENDATORY 63
O.S. 1991, Section 4016, as last amended by Section 2, Chapter 332, O.S.L.
1999 (63 O.S. Supp. 2000, Section 4016), is amended to read as follows:
Section 4016.
A. Every owner of a vessel, when making application
for registration, shall furnish the following information:
1. A full description
of the vessel including the manufacturer's serial, model, or other identification
number, the manufacturer's factory delivered price, and the total delivered
price of said vessel;
2. The correct name
and address, the name of the city, county and state in which the person
in whose name the vessel is to be registered resides;
3. The county of location
of the vessel; and
4. For registration
years beginning after March 31, 2003, an affidavit, as prescribed by the
Department of Public Safety and provided by the Oklahoma Tax Commission,
stating whether the vessel is equipped with a marine sanitation device,
as defined in Section 4201 of this title; and
5. Such other
information as may be prescribed by the Tax Commission.
B. Upon the filing of a registration application
for a vessel and the payment of the fees provided for in the Oklahoma Vessel
and Motor Registration Act, Section 4002 et seq. of this title, the Oklahoma
Tax Commission shall issue the owner of the vessel a certificate of registration
and two registration decals and shall also assign a permanent number for
the vessel described in the application. The registration decals
and the permanent number shall be recorded on the annual registration certificate
covering such vessel. The permanent number shall be displayed upon
the vessel as required by Section 4030 of this title. For registration
years beginning after March 31, 2003, the Tax Commission, in consultation
with the Department of Public Safety, shall provide two styles of a vessel
registration decal as follows:
1. One decal design
shall indicate by its design that the vessel is not equipped with a marine
sanitation device; and
2. One decal design
shall indicate by its design that the vessel is equipped with a marine
sanitation device.
C. The current certificate of registration
shall be legible and available for inspection at all times.
D. On all new and used vessels, prior to receipt
of the certificate of registration and the registration decals, the dealer's
bill of sale shall be available for inspection at all times for the first
thirty (30) calendar days from the date of purchase. Thereafter,
prior to receipt of the certificate of registration and the registration
decals, the official registration receipt from the Tax Commission or a
motor license agent shall be available for inspection at all times.
SECTION 4. AMENDATORY 63
O.S. 1991, Section 4019, is amended to read as follows:
Section 4019.
A. 1. The Until
the registration year beginning April 1, 2003, the registration fees
herein levied upon vessels and motors located within this state shall be
due on the first day of July 1 each year and shall
become delinquent on the first day of August 1thereafterof
each year.
2. Any person owning
a vessel or motor subject to the provisions of this subsection and failing
or refusing to file application for the registration of such vessel or
motor and to pay the annual registration fee as provided by the Oklahoma
Vessel and Motor Registration Act, on or before the 31st day of
July
31
of each year, shall be deemed delinquent.
B. On Until the registration
year beginning July 1, 2002, on the registration of new vessels or
new motors purchased in this state and on new or used vessels or motors
used in this state or brought into this state between July 1 and September
30, inclusive, of any year the payment of the full annual registration
and license fee shall be collected; and between October 1 and December
31, inclusive, of any year the payment of three-fourths (3/4) the annual
registration and license fee shall be collected; and between January 1
and March 31, inclusive, of any year the payment of one-half (1/2) the
annual registration and license fee shall be collected; and between April
1 and June 30, inclusive, of any year the payment of one-fourth (1/4) of
the annual registration and license fee shall be collected.
C. 1. For the registration year beginning
July 1, 2002, three-fourths (3/4) of the registration fees herein levied
upon vessels and motors located within this state shall be due on July
1, 2002, and shall become delinquent on August 1, 2002.
2. Any person owning
a vessel or motor subject to the provisions of this subsection and failing
or refusing to file application for the registration of such vessel or
motor and to pay the annual registration fees as provided by the Oklahoma
Vessel and Motor Registration Act, on or before July 31, 2002, shall be
deemed delinquent.
D. For the registration year beginning
July 1, 2002, on the registration of a new vessel or new motor purchased
in this state and on a new or used vessel or motor used in this state or
brought into this state between:
1. July 1, 2002,
and September 30, 2002, inclusive, the payment of three-fourths (3/4) of
the annual registration and license fee shall be collected;
2. October 1, 2002,
and December 31, 2002, inclusive, the payment of one-half (1/2) of the
annual registration and license fee shall be collected; or
3. January 1, 2003,
and March 31, 2003, inclusive, the payment of one-fourth (1/4) of the annual
registration and license fee shall be collected.
E. 1. For registration years beginning
after March 31, 2003, the registration fees herein levied upon vessels
and motors located within this state shall be due on April 1 of each year
and shall become delinquent on May 1 thereafter.
2. Any person owning
a vessel or motor subject to the provisions of this subsection and failing
or refusing to file application for the registration of such vessel or
motor and to pay the annual registration fees as provided by the Oklahoma
Vessel and Motor Registration Act, on or before April 30 of each year,
shall be deemed delinquent.
F. For registration years beginning after
March 31, 2003, on the registration of a new vessel or new motor purchased
in this state and on a new or used vessel or motor used in this state or
brought into this state between:
1. April 1 and
June 30, inclusive, of any year the payment of the full annual registration
and license fee shall be collected;
2. July 1 and September
30, inclusive, of any year the payment of three-fourths (3/4) the annual
registration and license fee shall be collected;
3. October 1 and
December 31, inclusive, of any year the payment of one-half (1/2) the annual
registration and license fee shall be collected; or
4. January 1 and
March 30, inclusive, of any year the payment of one-fourth (1/4) of the
annual registration and license fee shall be collected.
SECTION 5. AMENDATORY
63 O.S. 1991, Section 4020, is amended to read as follows:
Section 4020. Beginning January 1,
1990, the
A. The Oklahoma Tax Commission shall
annually notify through the mail all persons within the state who have
previous vessel or motor registrations on record of the period for registration.
Such notice shall contain all necessary information for such registration
including a but not limited to:
1. A breakdown
of all charges to be paid by the owner and shall contain instructions;
2. Instructions
as
to the procedure for renewal upon presentation to a motor license agent
or by return mail to the Commission's state office; and
3. For registration
years beginning after March 31, 2003, an affidavit as required by paragraph
4 of subsection A of Section 4016 of this title.
B. On the back of such registration
notice form there shall be an explanation of the apportionment of all fees
and penalties collected and their disposition. Such explanation shall
include information as to all charges and fees included in the total fee
or incident to the registration of a vessel or motor. If the owner
chooses the option of receiving these services through the mail, either
from the Tax Commission or a motor license agent, he the
owner shall be instructed to pay the final total listed. The
cost of mailing shall be One Dollar ($1.00) for titles or other forms or
devices required by the Oklahoma Vessel and Motor Registration Act. Provided,
that the Tax Commission may adjust any mailing costs as deemed appropriate
to allow for increased or additional fees charged by the United States
Postal Service.
C. Failure by any applicant to receive
notification of renewal as provided by this section shall not excuse the
applicant from properly obtaining any registration at the proper time by
presenting proof of ownership to the Tax Commission's state office
or to a motor license agent.
SECTION 6. AMENDATORY 63
O.S. 1991, Section 4021, as last amended by Section 14, Chapter 6, O.S.L.
2000 (63 O.S. Supp. 2000, Section 4021), is amended to read as follows:
Section 4021.
A. The application required for the initial
and annual registration of a vessel or a motor shall be accompanied by
payment of the following fees:
1. Where the manufacturer's
factory delivered price, or in the absence of such price being published
in a recognized publication for the use of marine dealers and/or for purposes
of insurance and financing firms, where the provable original or new cost
of all materials, is One Hundred Fifty Dollars ($150.00) or less, the registration
and license fee for the first and for each succeeding year's registration
shall be One Dollar ($1.00);
2. Where the manufacturer's
factory delivered price, or in the absence of such price being published
as provided in paragraph 1 of this section, where the value of such vessel
or motor is determined and fixed as above required and, is in excess of
One Hundred Fifty Dollars ($150.00), there shall be added to the fee of
One Dollar ($1.00), the sum of One Dollar ($1.00) for each One Hundred
Dollars ($100.00) or any fraction thereof, in excess of One Hundred Fifty
Dollars ($150.00) provided such fee shall not exceed One Hundred Fifty
Dollars ($150.00);
3. After the first
year's registration in this state under the Oklahoma Vessel and Motor Registration
Act of any new vessel or new motor under paragraph 2 of this subsection,
the registration for the second year shall be ninety percent (90%) of the
fee computed and assessed hereunder for the first year, and thereafter,
such fee shall be computed and assessed at ninety percent (90%) of the
previous year's fee and shall be so computed and assessed for the next
nine (9) successive years provided such fee shall not exceed One Hundred
Fifty Dollars ($150.00);
4. The initial and
annual registration fee for any vessel which is a part of a fleet used
for lodging and for which a rental fee and sales tax are collected shall
be Forty Dollars ($40.00) in lieu of the fees required by paragraphs 1
through 3 of this subsection. For the purpose of this paragraph,
"fleet" means twenty or more vessels operated by a business organization
from a single anchorage. The fee provided for in this paragraph may
be reduced annually to zero until the total reduction equals the difference
between the sum of the fees paid pursuant to paragraphs 1 through 3 of
this subsection for the two registration years preceding January 1, 1990,
and the fee provided for in this paragraph;
5. For any vessel
or motor owned and numbered, registered or licensed prior to January 1,
1990, in this or any other state, or in the absence of such registration
upon proof of the year, model and age of same, the registration fee shall
be computed and assessed at the rate hereinabove provided for a new vessel
or motor based on the value thereof determined as provided in this subsection,
but reduced as though same had been registered for each prior year of its
existence. Except as provided in paragraph 1 of this subsection,
the registration fee for the eleventh year computed in accordance with
the provisions of this subsection shall be the amount of the fee to be
assessed for such eleventh year and shall be the minimum annual registration
fee for such vessel or motor for any subsequent year; and
6. The initial and
annual registration fee for any vessel or motor which is not being used
in a trade or business or for any commercial purpose and is owned by:
a. a nonresident member of the Armed Forces of the United States assigned
to duty in this state in compliance with official military or naval orders,
b. a resident member of the Armed Forces of the United States assigned
to duty in this state in compliance with official military or naval orders,
c. the spouse, who resides in Oklahoma, of a resident or nonresident member
of the Armed Forces of the United States serving in a foreign country,
or
d. any Oklahoma resident who is stationed out of state due to an official
assignment of the Armed Forces of the United States, shall be the lesser
of either a Fifteen Dollar ($15.00) registration fee or the fee computed
and assessed for vessels or motors of similar age and model pursuant to
this section.
B. As used in this section, the term "manufacturer's
factory delivered price" shall represent the recommended retail selling
price and shall not mean the wholesale price to a dealer.
C. The Tax Commission shall assess the registration
fees and penalties for the year or years a vessel or motor was not registered
as provided in the Oklahoma Vessel and Motor Registration Act. For
vessels or motors 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.
D. Upon each vessel or motor repossessed by
a mortgagee, a fee of Forty-six Dollars ($46.00) shall be assessed.
This fee shall be in lieu of any applicable vessel or motor excise tax
and registration fees. Each motor license agent accepting applications
for certificates of title for such vessel or motors shall receive Seven
Dollars ($7.00) to be deducted from the license fee specified in this paragraph
for each application accepted.
E. All vessels or motors owned by the State
of Oklahoma, its agencies or departments, or political subdivisions thereof,
or which under the law would be exempt from direct ad valorem taxation,
shall be registered pursuant to the provisions of the Oklahoma Vessel and
Motor Registration Act for an annual fee of Two Dollars and twenty-five
cents ($2.25) irrespective of whether registered by a motor license agent
or the Tax Commission.
F. All vessels and motors owned by Boy Scouts
of America, Girl Scouts of U.S.A., and the Campfire Girls, devoted exclusively
to youth programs emphasizing physical fitness, character development and
citizenship training, are hereby exempt from the payment of registration
fees required by this section. Provided all of such vessels or motors
shall be registered and shall otherwise comply with the provisions of the
Oklahoma Vessel and Motor Registration Act.
G. A credit shall be allowed with respect
to the fee for registration of any new vessel or new motor, when such new
vessel or motor is a replacement for:
1. A new original
vessel or new original motor which is stolen from the purchaser/registrant
within ninety (90) days of the date of purchase of the original vessel
or new original motor as certified by a police report or other documentation
as required by the Tax Commission; or
2. A defective new
original vessel or new original motor returned by the purchaser/registrant
to the seller within six (6) months of the date of purchase of the defective
new original vessel or new original motor as certified by the manufacturer.
Such credit shall be in the amount of the fee for registration which
was paid for the new original vessel or new original motor and shall be
applied to the registration fee for the replacement vessel or motor.
In no event will said credit be refunded.
H. Upon proper proof of a lost certificate
of registration being made to the Tax Commission or one of its motor license
agents, accompanied by an application therefor and payment of the fees
required by the Oklahoma Vessel and Motor Registration Act, a duplicate
certificate of registration shall be issued to the applicant. The
charge for such duplicate certificate of registration shall be Two Dollars
and twenty-five cents ($2.25), which charge shall be in addition to any
other fees imposed by Section 4022 of this title for any such vessel or
motor.
I. In addition to any other fees levied by
the Oklahoma Vessel and Motor Registration Act, there is levied and there
shall be paid to the Tax Commission a fee of One Dollar ($1.00) upon every
vessel or motor for which a registration or license fee is required pursuant
to the provisions of this section. The fee shall accrue and shall
be collected upon each vessel or motor under the same circumstances and
shall be payable in the same manner and times as apply to vessel and motor
licenses and registrations under the provisions of the Oklahoma Vessel
and Motor Registration Act; provided, the fee shall be paid in full for
the then current year at the time any vehicle is first registered in a
calendar year.
Monies collected pursuant to this subsection shall be apportioned by
the Tax Commission to the State Treasurer for deposit in the Trauma Care
Assistance Revolving Fund created in Section 330.97 of this title.
The collection and payment of the fee shall be a prerequisite to license
or registration of any vessel or motor.
J. In addition to any other fees levied
by the Oklahoma Vessel and Motor Registration Act, there is levied and
there shall be paid to the Tax Commission a fee of Two Dollars ($2.00)
upon every vessel for which a registration or license fee is required pursuant
to the provisions of this section. The fee shall accrue and shall
be collected upon each vessel under the same circumstances and shall be
payable in the same manner and times as apply to vessel licenses and registrations
under the provisions of the Oklahoma Vessel and Motor Registration Act;
provided, the fee shall be paid in full for the then current year at the
time any vehicle is first registered in a calendar year. Monies from
each fee collected pursuant to this subsection shall be apportioned by
the Tax Commission as follows:
1. One Dollar ($1.00) to the Department of Public Safety Revolving
Fund shall be used for implementation, administration, and education related
to the Oklahoma Marine Sanitation Act; and
2. One Dollar ($1.00) to be retained by the Tax Commission
or the motor license agent processing the registration.
The collection and payment of the fee shall be a prerequisite to
license or registration of any vessel or motor.
SECTION 7. AMENDATORY 63 O.S. 1991, Section 4030, as last amended by Section 5, Chapter 332, O.S.L. 1999 (63 O.S. Supp. 2000, Section 4030), is amended to read as follows:
Section 4030.
A. Except as otherwise provided by this section,
every vessel on the waters of this state shall display the permanent number
assigned to it by the Oklahoma Tax Commission which number shall not be
obliterated, erased, mutilated, removed or missing.
B. The vessels authorized to display a number
other than that required by the provisions of the Oklahoma Vessel and Motor
Registration Act are:
1. A documented vessel,
provided that such vessel is currently registered, is displaying both current
registration decals, and the name, hailing port and official federal documentation
number assigned to it are displayed on the vessel according to federal
law or federal rules and regulations;
2. A vessel from a
country other than the United States temporarily using the waters of this
state;
3. A vessel from another
state owned by an out-of-state resident using the waters of this state;
4. A vessel whose
owner is the United States, a state or a subdivision thereof; provided,
however, if such vessel is used for recreational or rental purposes on
the public waters of this state, said vessel shall display the permanent
number assigned to it by the Tax Commission;
5. A vessel that is
used exclusively and solely for racing purposes;
6. A vessel that is
used exclusively and solely as a lifeboat; and
7. A commercial flotation
device which is assigned a permit by the Oklahoma Scenic Rivers Commission
pursuant to the provisions of Sections 1461 et seq. of Title 82 of the
Oklahoma Statutes.
C. Except as otherwise provided for in this
section, every vessel and every outboard motor on the waters of this state
shall display the current registration decals or decal assigned to it by
the Oklahoma Tax Commission. Any person who displays
on a vessel a registration decal which indicates the vessel is not equipped
with a marine sanitation device when the vessel is equipped with a marine
sanitation device, as defined in Section 4201 of this title, shall, upon
conviction, be deemed guilty of a misdemeanor and be punished by a fine
of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand
Dollars ($5,000.00).
D. The owner of any vessel issued a permanent
number pursuant to the provisions of the Oklahoma Vessel and Motor Registration
Act, Section 4002 et seq. of this title, shall place on or attach to the
vessel said permanent number in such manner as may be prescribed by the
rules of the Tax Commission, in order that it may be clearly visible.
The number shall be maintained in legible condition.
E. The provisions of this section shall not
apply to sailboards.
SECTION 8. AMENDATORY 63
O.S. 1991, Section 4201, as last amended by Section 29, Chapter 284, O.S.L.
1992 (63 O.S. Supp. 2000, Section 4201), is amended to read as follows:
Section 4201. In addition to the terms defined
by the Oklahoma Vessel and Motor Registration Act, Section 4002
et seq. of this title, for the purposes of the Oklahoma Boating
Safety Regulation Act, Section 4201 et seq. of this title:
1. "Anchorage area"
means a place specifically indicated by the authority in charge of a body
of water for anchoring or mooring a vessel;
2. "Buoy" means an
anchored marker for marking a position on the water, or a hazard, shoal
or mooring, or any other prohibitive activity area;
3. "Capacity plate"
means a sign posted in view of the operator's station on a vessel which
designates the maximum weight capacity and horsepower restrictions of a
vessel for safe operation;
4. "Class A vessel"
means a vessel which is less than sixteen (16) feet in length;
5. "Class 1 vessel"
means a vessel which is sixteen (16) feet or longer and less than twenty-six
(26) feet in length;
6. "Class 2 vessel"
means a vessel which is twenty-six (26) feet or longer and less than forty
(40) feet in length;
7. "Class 3 vessel"
means a vessel which is forty (40) feet or longer in length;
8. "Diver's flag"
means a red flag not less than twenty (20) inches by twenty-four (24) inches
with a four-inch white stripe running from one upper corner to a diagonal
lower corner, and such flag is used to indicate a submerged diver;
9. "Emergency vessel"
means any law enforcement vessel which is legally authorized to operate
in the emergency mode;
10. "Law enforcement
vessel" means any vessel legally authorized to operate under the color
of law;
11. "Manipulate" means
to guide, steer or otherwise control;
12. "Marine sewage"
means any substance, treated or untreated, that contains any of the waste
products of humans or animals or foodstuffs;
13. "Marine toiletsanitation
device" means any permanently installed latrine, head, lavatory
or toilet, or other device or system intended to receive
marine sewage and which is located on or in any vessel;
14. "Operator" means
the person who operates, has actual physical control, or has charge of
the navigation or use of a vessel;
15. "Parasail" means
any device which, when airborne, is used or capable of being used for lifting
or suspending a person who is being or will be towed by a vessel;
16. "Personal flotation
device" means only a United States Coast Guard approved flotation device;
17. "Personal watercraft"
means a vessel which uses an inboard motor powering a water jet pump as
its primary source of motive power and which is designed to be operated
by a person sitting, standing or kneeling on the vessel, rather than the
conventional manner of sitting or standing inside the vessel, or a vessel
which is similar in appearance and operation to a personal watercraft but
which is powered by an outboard or propeller driven motor, or a vessel
less than sixteen (16) feet in length which travels across the water above
or on a cushion of air provided by engines, propellers or other means of
propulsion;
18. "Reportable boating
accident" means an accident, collision or other casualty involving a vessel
which results in loss of life, injury sufficient to require first aid or
medical attention or actual physical damage to property in excess of Five
Hundred Dollars ($500.00);
19. "Sanctioned event"
means any organized event on the waters of this state, including but not
limited to regattas, motorboat or other boat races, marine parades, tournaments
and exhibitions, which is approved and permitted by an authorizing agency;
20. "Under way" means
the movement of a vessel whether by mechanical or nonmechanical means which
is other than incidental to the force of wind, waves or current; and
21. "Wake" means the
track of waves left by a vessel or other object moving through the water,
and such waves are greater than the natural waves in the immediate area
of the vessel, or are cresting and showing white water, or may cause injury
or damage to any person or property.
SECTION 9. AMENDATORY 63
O.S. 1991, Section 4213, as last amended by Section 4, Chapter 321, O.S.L.
1993 (63 O.S. Supp. 2000, Section 4213), is amended to read as follows:
Section 4213.
A. No person shall place or dispose of marine
sewage in from any vessel into any waters of this
state.
B. On and after July 1, 1995, noNo
person shall operate a vessel equipped with a marine toiletsanitation
device which is not a total retention system in accordance
with federal. A total retention system is a Type III
device as defined in United States Coast Guard regulations regarding
marine toilets sanitation devices, at 33 C.F.R Part
159.
C. Any person who violates any provision
of subsection A or B of this section, shall, upon conviction, be deemed
guilty of a misdemeanor and shall:
1. For the first
offense, be punished by a fine of not less than Five Hundred Dollars ($500.00)
nor more than Two Thousand Dollars ($2,000.00); and
2. For a second
or subsequent offense, be punished by a fine of not less than Two Thousand
Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).
D. Any officer or employee of the Department
of Public Safety, or any other peace officer, is granted the authority
to enter, at all reasonable times, in or upon any vessel for the purpose
of inspecting, investigating conditions, and conducting tests relating
to marine sanitation devices or for any other purpose under the Oklahoma
Marine Sanitation Act, and to take applicable enforcement action, if necessary.
SECTION 10. This act shall become effective July 1, 2001.
SECTION 11. It being immediately necessary for the preservation of
the public peace, health and safety, an emergency is hereby declared to
exist, by reason whereof this act shall take effect and be in full force
from and after its passage and approval.