2021 Oklahoma Statutes
Title 47. Motor Vehicles
§47-1135.9. Authority to enter into contract with private vendor.

A. The Oklahoma Tax Commission is authorized to enter into a contract with a private vendor experienced in the marketing and sale of:

1. Personalized license plates authorized under Section 1135.4 of Title 47 of the Oklahoma Statutes; and

2. Special license plates authorized under Sections 1135.3, ll35.5 and 1135.7 of Title 47 of the Oklahoma Statutes.

B. 1. The Commission shall establish by rule administrative fees for license plates issued and renewed under the provisions of subsection A of this section. The administrative fees authorized by this paragraph shall be reasonable but not less than the amounts necessary for the Commission to recover costs to the Commission associated with the:

• a.awarding of the contract authorized by this section,
• b.implementation and enforcement of such contract, and
• c.direct and indirect administrative costs associated with administering the provisions of this section.

2. The fees authorized by this subsection shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act, including the fees required by Sections 1135.3, 1135.4, ll35.5 and 1135.7 of Title 47 of the Oklahoma Statutes.

C. The contracted amount payable to a private vendor related to the marketing and sale of special license plates shall only be payable from amounts derived from administrative fees associated with the issuance and renewal of such personalized and special license plates.

D. 1. The Commission may approve additional designs and color combinations for personalized and special license plates authorized under the provisions of Title 47 of the Oklahoma Statutes, including for special license plates that may be personalized, that may be marketed and sold by a private vendor under a contract entered into under the provisions of this section. Each approved license plate design and color combination shall remain the property of the Commission.

2. This subsection shall not be interpreted to authorize:

• a.the Commission to approve a design or color combination for a specialty license plate, or
• b.the private vendor to market or sell a special license plate with a design or color combination,

that is inconsistent with the design or color combination specified for the license plate in the special license plate's authorizing statute.

E. The Commission shall not:

1. Restrict the background color, color combinations or color alphanumeric license plate numbers of a special license plate, except as determined by the Department of Public Safety as necessary for law enforcement purposes;

2. Restrict the private vendor from conducting reasonable events or auctions;

3. Restrict the right of the private vendor to offer a variety of plate categories with both personalized and nonpersonalized patterns; or

4. Unreasonably disapprove or limit the ability for the private vendor to offer plate terms that exceed one (1) year.

F. The Commission may cancel a license plate or require the discontinuation or redesign of a license plate design or color combination that is marketed and sold by a private vendor under contract at any time if the Commission determines that the cancellation or discontinuation is in the best interest of the state or the motoring public.

G. To the extent fees collected under the provisions of this section are in excess of the total amounts provided in subparagraphs a, b and c of paragraph 1 of subsection B of this section and other apportionment provisions for personalized or specialized license plates, the excess amount shall be deposited to the credit of the General Revenue Fund.

H. 1. A contract entered into with a private vendor under the provisions of this section shall provide for the Commission to recover all costs incurred by the Commission in implementing the provisions of this section. Under the provisions of the contract, the Commission may require the private vendor to reimburse the Commission in advance for:

• a.not more than one-half (1/2) of the Commission's anticipated costs in initiating the contract, and
• b.the Commission's anticipated costs in coordinating the introduction of a new special license plate.

2. The initial term of contract entered into under the provisions of this section shall be no less than five (5) years in duration. Such contract may provide for additional terms at least equal in length to the initial term of the contract.

I. As applied to contracts entered under the provisions of this section, the Commission shall not:

1. Unreasonably disapprove or limit any aspect of a private vendor's marketing and sales plan; or

2. Unreasonably interfere with the selection, assignment or management by the private vendor of the private vendor's employees, agents or subcontractors.

J. A private vendor shall not market and sell license plates that compete directly for sales with other special license plates issued under the provisions of Title 47 of the Oklahoma Statutes, unless the Commission and the agency or organization associated with the special license plate authorizes such marketing and sale.

K. The Tax Commission is hereby directed to develop and implement a system whereby motor license agents are permitted to accept applications for special license plates authorized under this section. The motor license agent shall collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly. For performance of these duties, motor license agents shall retain the fee provided in Section 1141.1 of Title 47 of the Oklahoma Statutes for each year of registration of a motor vehicle. The motor license agent fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund.

Added by Laws 2018, c. 69, § 1, eff. Nov. 1, 2018.