Oklahoma 2022 Regular Session

Oklahoma House Bill HB1153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 1153 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 1153 By: Osburn of the House
4	32
5	33		and
6	34
7	35		Garvin of the Senate
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14	42		An Act relating to motor vehicles; amending 47 O.S.
15	43		2011, Section 581, as last amended by Section 3,
16	44		Chapter 79, O.S.L. 2019 (47 O.S. Supp. 2020, Section
17	45		581), which relates to definitions; modifying
18	46		definitions; amending 47 O.S. 2011, Section 583, as
19	47		last amended by Section 24, Chapter 161, O.S.L. 2020
20	48		(47 O.S. Supp. 2020, Section 583), which relates to
21	49		required licensure; requiring bon d for certain
22	50		dealers; requiring certain service for manufactured
23	51		homes in use in the state; requiring certain
24	52		transactions go through licensed dealers; amending 47
25		-	O.S. 2011, Section 1110, as last amended by Section 1
26		-	of Enrolled House Bill No. 2056 of the 1st Session of
27		-	the 58th Oklahoma Legislature, which relates to
28		-	perfection of security interest; requiring certain
29		-	certificate of title be surrendered; amending 68 O.S.
30		-	2011, Section 2812, which relates to manufactured
31		-	homes; clarifying language; and providing an
32		-	effective date.
	53	+	O.S. 2011, Section 1110, as amended by Section 1,
	54	+	Chapter 224, O.S.L. 2015 (47 O.S. Supp. 2 020, Section
	55	+	1110), which relates to perfection of security
	56	+	interest; requiring certain certificate of title be
	57	+	surrendered; amending 68 O.S. 2011, Section 2812,
	58	+	which relates to manufactured homes; clarifying
	59	+	language; and providing an effective date.
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37		-	SUBJECT: Motor vehicles
	64	+	AMENDMENT NO. 1. Page 2, line 23, adding after the comma (,) the
	65	+	word, “or”
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	68	+	ENGR. S. A. TO ENGR. H. B. NO. 1153 Page 2 1
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	93	+	Passed the Senate the 14th day of April, 2021.
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	97	+	Presiding Officer of the Senate
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	100	+	Passed the House of Representatives the ____ day of __________,
	101	+	2021.
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	105	+	Presiding Officer of the House
	106	+	of Representatives
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	108	+	ENGR. H. B. NO. 1153 Page 1 1
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	133	+	ENGROSSED HOUSE
	134	+	BILL NO. 1153 By: Osburn of the House
	135	+
	136	+	and
	137	+
	138	+	Garvin of the Senate
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	145	+	An Act relating to motor vehicles; amending 47 O.S.
	146	+	2011, Section 581, as last amended by Section 3,
	147	+	Chapter 79, O.S.L. 2019 (47 O.S. Supp. 2020, Section
	148	+	581), which relates to definitions; modifying
	149	+	definitions; amending 47 O.S. 2011, Section 583, as
	150	+	last amended by Section 24, Chapter 161, O.S.L. 2020
	151	+	(47 O.S. Supp. 2020, Section 583), which relates to
	152	+	required licensure; requirin g bond for certain
	153	+	dealers; requiring certain service for manufactured
	154	+	homes in use in the state; requiring certain
	155	+	transactions go through licensed dealers; amending 47
	156	+	O.S. 2011, Section 1110, as amended by Section 1,
	157	+	Chapter 224, O.S.L. 2015 (47 O.S. Su pp. 2020, Section
	158	+	1110), which relates to perfection of security
	159	+	interest; requiring certain certificate of title be
	160	+	surrendered; amending 68 O.S. 2011, Section 2812,
	161	+	which relates to manufactured homes; clarifying
	162	+	language; and providing an effective date .
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38	166
39	167		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
40		-
41	168		SECTION 1. AMENDATORY 47 O.S. 2011, Section 581, as last
42	169		amended by Section 3, Chapter 79, O.S.L. 2019 (47 O.S. Supp. 2020,
43	170		Section 581), is amended to read as follows:
44		-
45	171		Section 581. As used in Section 581 et seq. of this title:
46		-	ENR. H. B. NO. 1153 Page 2
47	172		1. "Commission" means the Oklahoma Used Motor Vehicle and Parts
48	173		Commission;
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49	199
50	200		2. "Compensation" means anything of value including money,
51	201		merchandise, rebates on purchases, trading stamps or any oth er thing
52	202		of value;
53		-
54	203		3. "Consignment sale" means the sale of used motor vehicles
55	204		belonging to another by a used motor vehicle dealer, whether or not
56	205		title is transferred from the consignor to the used motor vehicle
57	206		dealer;
58		-
59	207		4. "Factory" means a manufacturer , distributor, factory branch,
60	208		distributor branch, factory representative or distributor
61	209		representative, which manufactures or distributes vehicle products;
62		-
63	210		5. "Manufactured home" means a residential dwelling in one or
64	211		more sections built in accordance wi th the National Manufactured
65	212		Housing Construction and Safety Standards Act of 1974, 42 U.S.C.,
66	213		Section 5401, et seq. and rules promulgated pursuant thereto;
67		-
68	214		6. a. "Manufactured home dealer" means any person who ,:
69		-
70	215		(1) works for a commission or with intent t o make a
71	216		profit or gain of money or other thing of value,
72	217		sells, offers to sell, or attempts to negotiate a
73	218		sale or exchange of interest in, new or used
74	219		manufactured homes, or that
75		-
76	220		(2) is engaged wholly or in part in the business of
77	221		selling any new and unu sed, or used, or both new
78		-	and used manufactured homes , or
	222	+	and used manufactured homes ,
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80	249		(3) is engaged wholly or in part in the business of
81	250		leasing any new and unused, or used, or both new
82	251		and used manufactured homes, that are considered
83	252		personal property, with an option to purchase or
84	253		own in any form at any time after beginning of
85	254		the lease term.
86		-
87	255		A valid franchise letter as proof of authorization to
88	256		sell any new manufactured home product line or lines
89	257		shall be attached to the application for a dealer
90	258		license to sell manufactured homes. " Manufactured
91		-	home dealer" shall include a manufactured home ~~ENR. H. B. NO. 1153 Page 3~~
	259	+	home dealer" shall include a manufactured home
92	260		auction. A manufactured home auction shall mean any
93	261		person selling more than twenty-five five manufactured
94	262		homes in an auction or liquidation format. Only
95	263		licensed manufactured home dealers shal l be authorized
96	264		to purchase manufactured homes at such auctions.
97		-
98	265		b. "Manufactured home dealer" shall not include any
99	266		person who sells or contracts for the sale of a
100	267		personally titled manufactured home or homes which
101	268		they have used as their personal residen ce, or any
102	269		person acting as an auctioneer who has been engaged by
103	270		a seller to direct, conduct, control, or be
104	271		responsible for the sale of such manufactured homes as
105	272		a part of an auction or liquidation of an estate, or
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106	299		any Oklahoma licensed real estate brok er or sales
107	300		associate when buying or selling used mobile
108	301		manufactured homes which have become real property as
109	302		a part of a real estate business. No person shall be
110	303		considered a manufactured home dealer as to any
111	304		manufactured home purchased or acquired by the person
112	305		for purposes other than resale or lease-purchase in
113	306		any form; provided, that the restriction set forth in
114	307		this sentence shall not prevent an otherwise qualified
115	308		person from utilizing a single manufactured home as a
116	309		sales office.
117		-
118	310		c. A holder of a lien on a personally titled manufactured
119	311		home may sell, exchange, or transfer by lease -purchase
120	312		the repossessed manufactured home and shall not be
121	313		required to be licensed pursuant to this chapter
122	314		title. If Any person other than a bona fide full -time
123	315		employee of the lienholder contracts with a person or
124	316		company to sell who participates in the sale of the
125	317		repossessed manufactured home and the person or
126	318		company is not an employee, officer or principal of
127	319		the lienholder, such person or company shall be
128	320		licensed as a manufactured home dealer pursuant to
129	321		this chapter title.
130	322
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131	348		d. "Manufactured home dealer" shall not include any
132	349		person who sells mobile or manufactured homes located
133	350		in a mobile or a restricted manufactured home park or
134	351		community dealer;
135		-	ENR. H. B. NO. 1153 Page 4
136	352		7. "Manufactured home salesperson" means any person who has
137	353		been engaged by a manufactured home dealer or restricted
138	354		manufactured home park dealer to buy, sell, exchange, negotiate, or
139	355		act as an agent for the purchase, sale, or exchange of an interest
140	356		in a manufactured home;
141		-
142	357		8. "Manufactured home installer" means a person who is engaged
143	358		in the business of installing or setting up manufactured homes
144	359		and/or mobile homes as defined herein;
145		-
146	360		9. "Manufactured home manufacturer" means a person who
147	361		manufactures, assembles, and sells or distributes new manufactured
148	362		homes, whether directly or indirectly, to new manufactured home
149	363		retailers or a restricted manufactured home park dealer for resale
150	364		or use in this state;
151		-
152	365		10. "Mobile home" means a residential dwelling fabricated in an
153	366		off-site manufacturing facility, designed to be a permanent
154	367		residence, but which is still transportable, that was built prior to
155	368		the enacting of the National Manufactured Housing Construction and
156	369		Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq.;
157		-
158	370		11. "Person" means an individual, business, corporation,
159	371		partnership, association, limited liability corporation, trust,
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160	398		firm, or company or legal entity, but does not include any political
161	399		subdivision;
162		-
163	400		12. "Ready for occupancy" means a mobile or m anufactured home
164	401		which is installed and anchored properly by a manufactured home
165	402		installer licensed in this state and has utilities connected to
166	403		service;
167		-
168	404		13. "Rebuilder" means a used motor vehicle dealer who is
169	405		engaged in the business of rebuilding repair able motor vehicles and
170	406		who has paid the fee for and been issued a rebuilder certificate as
171	407		provided by Section 591.5 of this title;
172		-
173	408		14. "Restricted manufactured home park dealer" means any person
174	409		operating a mobile or manufactured home park who, for a co mmission
175	410		or with intent to make a profit or gain of money or other thing of
176	411		value, sells, offers to sell, or attempts to negotiate a sale or
177	412		exchange of interest in, new or used manufactured homes, or that is
178	413		engaged wholly or in part in the business of se lling or leasing
179	414		manufactured homes which are personal property with an option to
180		-	purchase or own in any form at any time after the beginning of the ~~ENR. H. B. NO. 1153 Page 5~~
	415	+	purchase or own in any form at any time after the beginning of the
181	416		lease term any new and unused, or used, or both new and used
182	417		manufactured homes; provided, every mobile or manufactured home sold
183	418		pursuant to a restricted manufactured home park dealer license shall
184	419		be located in the licensed mobile or manufactured home park and
185	420		ready for occupancy. Provided further, manufactured home dealer
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186	447		license plates shall not be issued to a restricted manufactured home
187	448		park dealer;
188		-
189	449		15. "Retail implement dealer" means a business engaged
190	450		primarily in the sale of farm tractors as defined in Section 1 -118
191	451		of this title or implements of husbandry as defined in Section 1 -125
192	452		of this title or a combination thereof;
193		-
194	453		16. "Sale" or "sell" means the act of selling, brokering,
195	454		exchanging, exchanging of an interest in, or renting with the option
196	455		of purchasing to purchase or own in any form at any time after the
197	456		beginning of the lease term , a new or used manufactured home for
198	457		commission, profit, or gain of money or other thing of value;
199		-
200	458		17. "Used motor vehicle" means any motor vehicle, as that term
201	459		is defined in the Oklahoma Vehicle License and Registration Act, but
202	460		not including any all -terrain vehicles, utility vehicles, and
203	461		motorcycles used exclusively for off -road use which are sold by a
204	462		retail implement dealer, which has been sold, bargained, exchanged,
205	463		given away or the title thereto transferred from the person who
206	464		first took title from the manu facturer, importer, or dealer or agent
207	465		of the manufacturer or importer, or so used as to have become what
208	466		is commonly known as a "secondhand motor vehicle". In the event of
209	467		transfer, on the statement of origin, from the original franchised
210	468		dealer to any other dealer or individual other than a franchised
211	469		dealer of the same make of vehicle, the vehicle shall be considered
212	470		a used motor vehicle and must be titled in the new owner's name;
213	471
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214	497		18. "Used motor vehicle auction" means any business other than
215	498		salvage pools which regularly engages in the sale or trade, or
216	499		negotiates the sale or trade, of used motor vehicles by auction,
217	500		whether by open or closed bid or by sale to or purchase by used
218	501		motor vehicle dealers or individuals;
219		-
220	502		19. a. "Used motor vehicle dealer" means any person who, for
221	503		a commission or with intent to make a profit or gain
222	504		of money or other thing of value, sells, brokers,
223	505		exchanges, rents with option to purchase, or offers or
224	506		attempts to negotiate a sale or exchange of an
225		-	interest in used motor ~~vehicles~~, or who is engaged ~~ENR. H. B. NO. 1153 Page 6~~
	507	+	interest in used motor ve hicles, or who is engaged
226	508		wholly or in part in the business of selling used
227	509		motor vehicles, whether or not such motor vehicles are
228	510		owned by the person.
229		-
230	511		b. "Used motor vehicle dealer" shall not include:
231		-
232	512		(1) receivers, trustees, administrators, executors,
233	513		guardians, or other persons appointed by or
234	514		acting pursuant to the judgment or order of any
235	515		court,
236		-
237	516		(2) public officers while performing their official
238	517		duties,
239		-
240	518		(3) employees of persons enumerated in the definition
241	519		of "used motor vehicle dealer" when engaged i n
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242	546		the specific performance of their duties as such
243	547		employees,
244		-
245	548		(4) mortgagees or secured parties as to sales of
246	549		motor vehicles constituting collateral on a
247	550		mortgage or security agreement, if the mortgagees
248	551		or secured parties shall not realize for their
249	552		own account from such sales any monies in excess
250	553		of the outstanding balance secured by such
251	554		mortgage or security agreement, plus the costs of
252	555		collection,
253		-
254	556		(5) any person acting as an auctioneer who has been
255	557		engaged by a seller to direct, conduct, control,
256	558		or be responsible for the sale of used motor
257	559		vehicles as part of an estate auction or
258	560		liquidation,
259		-
260	561		(6) any person, firm, corporation, or other legal
261	562		entity who sells, or contracts for the sale of,
262	563		the vehicles of the person, firm, corporation, or
263	564		other legal entity when such vehicles are sold in
264	565		liquidation, and any person, firm, corporation,
265	566		or other legal entity who serves as an agent in
266	567		such sale. The exclusion provided in this
267	568		paragraph shall not extend to any person, firm,
268	569		corporation, or other legal entit y whose business
269		-	is the purchase, sale, or rental with option to ENR. H. B. NO. 1153 Page 7
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	596	+	is the purchase, sale, or rental with option to
270	597		purchase, of motor vehicles, or to a location
271	598		used for such purposes,
272		-
273	599		(7) any person acting as an auctioneer who has been
274	600		engaged by a seller to direct, conduct, control,
275	601		or be responsible fo r the sale of used motor
276	602		vehicles as part of an auction held at a licensed
277	603		used motor vehicle dealer location. The
278	604		exclusion provided in this division shall not
279	605		extend to a person who auctions five or more used
280	606		motor vehicles in a nonliquidation sale held at a
281	607		licensed used motor vehicle dealer location which
282	608		is not regularly used as a vehicle auction, or
283		-
284	609		(8) any retail implement dealer that sells all -
285	610		terrain vehicles, utility vehicles, and
286	611		motorcycles used exclusively for off -road use;
287		-
288	612		20. "Used motor vehicle salesperson" means a person employed by
289	613		a licensed used motor vehicle dealer to sell, broker, exchange, or
290	614		negotiate a purchase, sale, or rental with option to purchase, used
291	615		motor vehicles or an interest in used motor vehicles. The term
292	616		"used motor vehicle salesperson" shall not include any person who:
	617	+	a. uses the person's own funds for such transactions, or
293	618
294		-	a. uses the person's own funds for such transactions, or
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295	643
296	644		b. operates independently as a used motor vehicle dealer
297	645		using a licensed used motor vehicle dealer's license
298	646		number; and
299		-
300	647		21. "Wholesale used motor vehicle dealer" means any person who,
301	648		for a commission or with intent to make a profit or gain of money or
302	649		other thing of value, sells, brokers, exchanges, rents with option
303	650		to purchase, or offers or attempts to negotiate a sale or exchange
304	651		of interest in used motor vehicles exclusively to used motor vehicle
305	652		dealers, or who is engaged in the business of selling used motor
306	653		vehicles exclusively to used motor vehicle dealers, whether or not
307	654		such motor vehicles are owned by the person.
308		-
309	655		SECTION 2. AMENDATORY 47 O.S. 2011, Section 583, as last
310	656		amended by Section 24, Chapter 161, O.S.L. 2020 (47 O.S. Supp. 2020,
311	657		Section 583), is amended to read as follows:
312		-
313	658		Section 583. A. 1. It shall be unlawful and constitute a
314		-	misdemeanor for any person to engage in business as, or serve in the ~~ENR. H. B. NO. 1153 Page 8~~
	659	+	misdemeanor for any person to engage in business as, or serve in the
315	660		capacity of, or act as a used motor vehicle dealer, wholesale used
316	661		motor vehicle dealer, manufactured home dealer, restricted
317	662		manufactured home park dealer, manufactured home installer, or
318	663		manufactured home manufacturer selling directly to a licensed
319	664		manufactured home dealer in this state without first obtaining a
320	665		license or following other requirements therefor as provided in this
321	666		section.
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322	692
323	693		2. a. Any person engaging, acting, or serving in the
324	694		capacity of a used motor vehicle dealer, a
325	695		manufactured home dealer, restricted manufactured home
326	696		park dealer, a manufactured home installer, or a
327	697		manufactured home manufacturer, or having more than
328	698		one place where any such business, or combination of
329	699		businesses, is carried on or conducted shall be
330	700		required to obtain and hold a current license for each
331	701		such business, in which engaged.
332		-
333	702		b. If after a hearing in accordance with the provisions
334	703		of Section 585 of this title, the Oklahoma Used Motor
335	704		Vehicle and Parts Commission shall find any person
336	705		installing a mobile or manufactured home to be in
337	706		violation of any of the provisions of this act, such
338	707		person may be subject to an administrative fine of not
339	708		more than Five Hundred Dollars ($500.00) for each
340	709		violation. Each day a pe rson is in violation of this
341	710		act may constitute a separate violation. All
342	711		administrative fines collected pursuant to the
343	712		provisions of this subparagraph shall be deposited in
344	713		the fund established in Section 582 of this title.
345	714		Administrative fines imposed pursuant to this
346	715		subparagraph may be enforceable in the district courts
347	716		of this state.
348	717
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349	743		3. Any person, except persons penalized by administrative fine ,
350	744		violating the provisions of this section shall, upon conviction, be
351	745		punished by a fine not to exceed Fi ve Hundred Dollars ($500.00). A
352	746		second or subsequent conviction shall be punished by a fine not to
353	747		exceed One Thousand Dollars ($1,000.00); provided that each day such
354	748		unlicensed person violates this section shall constitute a separate
355	749		offense, and any vehicle involved in a violation of this subsection
356	750		shall be considered a separate offense.
357		-
358	751		B. 1. Applications for licenses required to be obtained under
359		-	the provisions of the Oklahoma Used Motor Vehicle and Parts ~~ENR. H. B. NO. 1153 Page 9~~
	752	+	the provisions of the Oklahoma Used Motor Vehicle and Parts
360	753		Commission shall be verified by the oath or affirmation of the
361	754		applicant and shall be on forms prescribed by the Commission and
362	755		furnished to the applicants, and shall contain such information as
363	756		the Commission deems necessary to enable it to fully determine the
364	757		qualifications and eligibility of the several applicants to receive
365	758		the license or licenses applied for. The Commission shall require
366	759		in the application, or otherwise, information relating to:
367		-
368	760		a. the applicant's financial standing,
369		-
370	761		b. the applicant's business integrity,
371		-
372	762		c. whether the applicant has an established place of
373	763		business and is engaged in the pursuit, avocation, or
374	764		business for which a license, or licenses, is applied
375	765		for,
376	766
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377	792		d. whether the applicant is able to properly conduct the
378	793		business for which a license, or licenses, is applied
379	794		for, and
380		-
381	795		e. such other pertinent information consistent with the
382	796		safeguarding of the public interest and the public
383	797		welfare.
384		-
385	798		2. All applications for license or licenses shall be
386	799		accompanied by the appropriate fee or fees in accordance with the
387	800		schedule hereinafter provided. In the event any application is
388	801		denied and the license applied for is not issued, the entire license
389	802		fee shall be returned to the applicant.
390		-
391	803		3. All bonds and licenses issued under the provisions of this
392	804		act shall expire on December 31 , following the date of issue and
393	805		shall be nontransferable. All applications for renewal of licenses
394	806		shall be submitted by November 1 of each year of expiration, and
395	807		licenses for completed renewals received by November 1 shall be
396	808		issued by January 10. If applications have not been made for
397	809		renewal of licenses, such licenses shall expire on December 31 and
398	810		it shall be illegal for any person to represent himself or herself
399	811		and act as a dealer thereafter. Tag agents shall be notified not to
400	812		accept dealers' titles until such time as licenses have been issued.
401	813		Beginning January 1, 2016, all licenses shall be issued for a period
402	814		of two (2) years and the appropriate fees shall be assessed. The
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403	841		Commission shall adopt rules necessary to implement the two -year
404		-	licensing provisions. ENR. H. B. NO. 1153 Page 10
405		-
	842	+	licensing provisions.
406	843		C. The schedule of license fees to be charged and received by
407	844		the Commission for the licenses issued hereunder shall be as
408	845		follows:
409		-
410	846		1. For each used motor vehicle dealer's license and each
411	847		wholesale used motor vehicle dealer's license , Six Hundred Dollars
412	848		($600.00). If a used motor vehicle dealer or a wholesale used motor
413	849		vehicle dealer has once been licensed by the Commission in the
414	850		classification for which he or she applies for a renewal of the
415	851		license, the fee for each subsequent r enewal shall be Three Hundred
416	852		Dollars ($300.00); provided, if an applicant holds a license to
417	853		conduct business as an automotive dismantler and parts recycler
418	854		issued pursuant to Section 591.1 et seq. of this title, the initial
419	855		fee shall be Two Hundred Dolla rs ($200.00) and the renewal fee shall
420	856		be Two Hundred Dollars ($200.00). If an applicant is applying
421	857		simultaneously for a license under this paragraph and a license
422	858		under paragraph 1 of Section 591.5 of this title, the initial
423	859		application fee shall be Fou r Hundred Dollars ($400.00). For the
424	860		reinstatement of a used motor vehicle dealer's license after
425	861		revocation for cancellation or expiration of insurance pursuant to
426	862		subsection F of this section, the fee shall be Two Hundred Dollars
427	863		($200.00);
428	864
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429	890		2. For a used motor vehicle dealer's license, for each place of
430	891		business in addition to the principal place of business, Two Hundred
431	892		Dollars ($200.00);
432		-
433	893		3. For each holder who possesses a valid new motor vehicle
434	894		dealer's license from the Oklahoma Motor Vehicle Commis sion, Two
435	895		Hundred Dollars ($200.00) shall be the initial fee for a used motor
436	896		vehicle license and the fee for each subsequent renewal shall be Two
437	897		Hundred Dollars ($200.00);
438		-
439	898		4. a. For each manufactured home dealer's license or a
440	899		restricted manufactured hom e park dealer's license,
441	900		Six Hundred Dollars ($600.00), and for each place of
442	901		business in addition to the principal place of
443	902		business, Four Hundred Dollars ($400.00), and
444		-
445	903		b. For each renewal of a manufactured home dealer's
446	904		license or a restricted manufactu red home park
447	905		dealer's license, and renewal for each place of
448	906		business in addition to the principal place of
449		-	business, Three Hundred Dollars ($300.00); ENR. H. B. NO. 1153 Page 11
450		-
	907	+	business, Three Hundred Dollars ($300.00);
451	908		5. a. For each manufactured home installer's license, Four
452	909		Hundred Dollars ($400.00), and
453		-
454	910		b. For each renewal of a manufactured home installer's
455	911		license, Four Hundred Dollars ($400.00);
456		-
457	912		6. a. For each manufactured home manufacturer selling
458	913		directly to a licensed manufactured home dealer in
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459	940		this state, One Thousand Five Hundred Dollars
460	941		($1,500.00), and
461		-
462	942		b. For each renewal of a manufactured home manufacturer's
463	943		license, One Thousand Five Hundred Dollars
464	944		($1,500.00);
465		-
466	945		7. Any manufactured home manufacturer who sells a new
467	946		manufactured home to be shipped to or sited in the State of Oklahoma
468	947		shall pay an installatio n inspection fee of Seventy -five Dollars
469	948		($75.00) for each new single -wide manufactured home and One Hundred
470	949		Twenty-five Dollars ($125.00) for each new multi -floor manufactured
471	950		home; and
472		-
473	951		8. A used manufactured home inspection fee of Seventy -five
474	952		Dollars ($75.00) shall be paid by the installer at or before the
475	953		time of installation of any used manufactured home sited and
476	954		installed in the State of Oklahoma.
477		-
478	955		D. 1. The license issued to each used motor vehicle dealer,
479	956		each wholesale used motor vehicle dealer, each restricted
480	957		manufactured home park dealer and each manufactured home dealer
481	958		shall specify the location of the place of business. If the
482	959		business location is changed, the Oklahoma Used Motor Vehicle and
483	960		Parts Commission shall be notified immediately o f the change and the
484	961		Commission may endorse the change of location on the license. The
485	962		fee for a change of location shall be One Hundred Dollars ($100.00),
486	963		and the fee for a change of name, Twenty -five Dollars ($25.00). The
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487	990		license of each licensee shall be posted in a conspicuous place in
488	991		the place or places of business of the licensee.
489		-
490	992		2. The license issued to each manufactured home installer , and
491	993		each manufactured home manufacturer shall specify the location of
492	994		the place of business. If the business location is changed, the
493	995		Oklahoma Used Motor Vehicle and Parts Commission shall be notified
494		-	immediately of the change and the Commission may endorse the change ~~ENR. H. B. NO. 1153 Page 12~~
	996	+	immediately of the change and the Commission may endorse the change
495	997		of location on the license without charge. The license of each
496	998		licensee shall be posted in a co nspicuous place in the place or
497	999		places of business of the licensee.
498		-
499	1000		3. Every manufactured home installer shall have the license
500	1001		available for inspection at the primary place of business of the
501	1002		licensee. This license shall be valid for the licensee and al l of
502	1003		the employees of the licensee. Any person who is not an employee of
503	1004		the licensee must obtain a separate manufactured home installer
504	1005		license regardless of whether such person is acting in the capacity
505	1006		of a contractor or subcontractor.
506		-
507	1007		E. 1. a. Each applicant for a used motor vehicle dealer's
508	1008		license shall procure and file with the Commission a
509	1009		good and sufficient bond in the amount of Twenty -five
510	1010		Thousand Dollars ($25,000.00). Each new applicant for
511	1011		a used motor vehicle dealer's license for the purpos e
512	1012		of conducting a used motor vehicle auction shall
513	1013		procure and file with the Commission a good and
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514	1040		sufficient bond in the amount of Fifty Thousand
515	1041		Dollars ($50,000.00). An applicant who intends to
516	1042		conduct a used motor vehicle auction who provides
517	1043		proof that the applicant has check and title insurance
518	1044		in an amount not less than Fifty Thousand Dollars
519	1045		($50,000.00) shall only be required to have a bond in
520	1046		the amount of Twenty -five Thousand Dollars
521	1047		($25,000.00).
522		-
523	1048		b. Each new applicant for a used motor vehicle d ealer
524	1049		license for the purpose of conducting a used motor
525	1050		vehicle business which will consist primarily of non -
526	1051		auction consignment sales which are projected to equal
527	1052		Five Hundred Thousand Dollars ($500,000.00) or more in
528	1053		gross annual sales shall procure and file with the
529	1054		Commission a good and sufficient bond in the amount of
530	1055		Fifty Thousand Dollars ($50,000.00). The Commission
531	1056		shall prescribe by rule the method of operation of the
532	1057		non-auction consignment dealer in order to properly
533	1058		protect the interests of a ll parties to the
534	1059		transaction and to provide sanctions against dealers
535	1060		who fail to comply with the rules.
	1061	+	c. Each applicant for a wholesale used motor vehicle
	1062	+	dealer's license shall procure and file with the
536	1063
537		-	c. Each applicant for a wholesale used motor vehicle
538		-	dealer's license shall procure and file with the ENR. H. B. NO. 1153 Page 13
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539	1089		Commission a good and sufficient bond in the amo unt of
540	1090		Twenty-five Thousand Dollars ($25,000.00).
541		-
542	1091		d. Any used motor vehicle dealer who, for the purpose of
543	1092		being a rebuilder, applies for a rebuilder
544	1093		certificate, as provided in Section 591.5 of this
545	1094		title, whether as a new application or renewal, shall
546	1095		procure and file with the Commission a good and
547	1096		sufficient bond in the amount of Fifteen Thousand
548	1097		Dollars ($15,000.00), in addition to any other bonds
549	1098		required.
550		-
551	1099		e. Each applicant for a manufactured home dealer's
552	1100		license or a restricted manufactured home park
553	1101		dealer's license shall procure and file with the
554	1102		Commission a good and sufficient bond in the amount of
555	1103		Thirty Thousand Dollars ($30,000.00).
556		-
557	1104		f. Each manufactured home manufacturing facility selling
558	1105		directly to a licensed manufactured home dealer or
559	1106		restricted manufactured home park dealer in this state
560	1107		shall procure and file with the Commission a good and
561	1108		sufficient bond in the amount of Thirty Thousand
562	1109		Dollars ($30,000.00). In addition to all other
563	1110		conditions and requirements set forth herein, the bond
564	1111		shall require the availability of prompt and full
565	1112		warranty service by the manufacturer to comply with
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566	1139		all warranties expressed or implied in connection with
567	1140		each manufactured home which is manufactured for
568	1141		resale or use in this state. A manufacturer may n ot
569	1142		sell, exchange, or lease -purchase with an option to
570	1143		own in any form a manufactured home to a person in
571	1144		this state directly or indirectly through a
572	1145		distributor or third party who is not a licensed
573	1146		manufactured home dealer or a restricted manufactured
574	1147		home park dealer.
575		-
576	1148		g. The bond shall be approved as to form by the Attorney
577	1149		General and conditioned that the applicant shall not
578	1150		practice fraud, make any fraudulent representation, or
579	1151		violate any of the provisions of this act in the
580	1152		conduct of the business for which the applicant is
581	1153		licensed. One of the purposes of the bond is to
582	1154		provide reimbursement for any loss or damage suffered
583		-	by any person by reason of ~~issuan ce~~ of a certificate ~~ENR. H. B. NO. 1153 Page 14~~
	1155	+	by any person by reason of issuance of a certificate
584	1156		of title by a used motor vehicle dealer, a wholesale
585	1157		used motor vehicle deal er, a restricted manufactured
586	1158		home park dealer or a manufactured home dealer.
587		-
588	1159		2. The bonds as required by this section shall be maintained
589	1160		throughout the period of licensure. Should the bond be canceled for
590	1161		any reason, the license shall be revoked as of the date of
591	1162		cancellation unless a new bond is furnished prior to such date.
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	1185	+	22
	1186	+	23
	1187	+	24
592	1188
593	1189		F. Any used motor vehicle dealer or wholesale used motor
594	1190		vehicle dealer is required to furnish and keep in force a minimum of
595	1191		Twenty-five Thousand Dollars ($25,000.00) of single l iability
596	1192		insurance coverage on all vehicles offered for sale or used in any
597	1193		other capacity in demonstrating or utilizing the streets and
598	1194		roadways in accordance with the financial responsibility laws of
599	1195		this state.
600		-
601	1196		G. Any manufactured home dealer or restri cted manufactured home
602	1197		park dealer is required to furnish and keep in force a minimum of
603	1198		One Hundred Thousand Dollars ($100,000.00) of garage liability or
604	1199		general liability with products and completed operations insurance
605	1200		coverage.
606		-
607	1201		H. Any manufactured hom e installer is required to furnish and
608	1202		keep in force a minimum of Twenty -five Thousand Dollars ($25,000.00)
609	1203		of general liability with products and completed operations
610	1204		insurance coverage.
611		-
612	1205		SECTION 3. AMENDATORY 47 O.S. 2011, Sectio n 1110, as
613		-	last amended by Section 1 of Enrolled House Bill No. 2056 of the 1st
614		-	Session of the 58th Oklahoma Legislature, is amended to read as
615		-	follows:
616		-
	1206	+	amended by Section 1, Chapter 224, O.S.L. 2015 (47 O.S. Supp. 2020,
	1207	+	Section 1110), is amended to read as follows:
617	1208		Section 1110. A. 1. Except for a security interest in
618	1209		vehicles held by a dealer for sale or lease, a vehicle registered by
619	1210		a federally recognized Indian tribe as provided in subsection G of
620	1211		this section, and a vehicle being registered in this state which was
621	1212		previously registered in another state and which title contains the
	1213	+
	1214	+	ENGR. H. B. NO. 1153 Page 23 1
	1215	+	2
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	1219	+	6
	1220	+	7
	1221	+	8
	1222	+	9
	1223	+	10
	1224	+	11
	1225	+	12
	1226	+	13
	1227	+	14
	1228	+	15
	1229	+	16
	1230	+	17
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	1234	+	21
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	1236	+	23
	1237	+	24
	1238	+
622	1239		name of a secured party on the face of the other state ce rtificate
623	1240		or title, and except as otherwise provided in subsection B of
624	1241		Section 1105 of this title, a security interest in a vehicle as to
625	1242		which a certificate of title may be properly issued by the Oklahoma
626	1243		Tax Commission shall be perfected only when a lie n entry form, and
627	1244		the existing certificate of title, if any, or application for a
628		-	certificate of title and manufacturer 's certificate of origin ~~ENR. H. B. NO. 1153 Page 15~~
	1245	+	certificate of title and manufacturer's certificate of origin
629	1246		containing the name and address of the secured party and the date of
630	1247		the security agreement and the required fee are delivered to the Tax
631	1248		Commission or to a motor license agent. As used in this section,
632	1249		the term "dealer" shall be defined as provided in Section 1 -112 of
633	1250		this title and the term "security interest" shall be defined as
634	1251		provided in paragraph (35) of Sec tion 1-201 of Title 12A of the
635	1252		Oklahoma Statutes. When a vehicle title is presented to a motor
636	1253		license agent for transferring or registering and the documents
637		-	reflect a lienholder, the motor license agent shall perfect the lien
638		-	pursuant to subsection G of Section 1105 of this title. For the
639		-	purposes of this section, the term "vehicle" shall not include
640		-	special mobilized machine ry, machinery used in highway construction
641		-	or road material construction and rubber -tired road construction
642		-	vehicles including rubber -tired cranes. The filing and duration of
643		-	perfection of a security interest, pursuant to the provisions of
644		-	Title 12A of the Oklahoma Statutes, including, but not limited to,
645		-	Section 1-9-311 of Title 12A of the Oklahoma Statutes, shall not be
646		-	applicable to perfection of security interests in vehicles as to
	1254	+	reflect a lien holder lienholder, the motor license agent shall
	1255	+	perfect the lien pursuant to sub section G of Section 1105 of this
	1256	+	title. For the purposes of this section, the term "vehicle" shall
	1257	+	not include special mobilized machinery, machinery used in highway
	1258	+	construction or road material construction and rubber -tired road
	1259	+	construction vehicles i ncluding rubber-tired cranes. The filing and
	1260	+	duration of perfection of a security interest, pursuant to the
	1261	+	provisions of Title 12A of the Oklahoma Statutes, including, but not
	1262	+	limited to, Section 1 -9-311 of Title 12A of the Oklahoma Statutes,
	1263	+
	1264	+	ENGR. H. B. NO. 1153 Page 24 1
	1265	+	2
	1266	+	3
	1267	+	4
	1268	+	5
	1269	+	6
	1270	+	7
	1271	+	8
	1272	+	9
	1273	+	10
	1274	+	11
	1275	+	12
	1276	+	13
	1277	+	14
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	1279	+	16
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	1284	+	21
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	1286	+	23
	1287	+	24
	1288	+
	1289	+	shall not be applicable to perfection of security interests in
	1290	+	vehicles as to which a certificate of title may be properly issued
	1291	+	by the Tax Commission, except as to vehicles held by a dealer for
	1292	+	sale or lease and except as provided in subsection D of this
	1293	+	section. In all other respects Title 12A of the Oklahoma Statutes
	1294	+	shall be applicable to such security interests in vehicles as to
647	1295		which a certificate of title may be properly issued by the Tax
648		-	Commission, except as to vehicles held by a dealer for sale or lease
649		-	and except as provided in subsection D of this section. In all
650		-	other respects Title 12A of the Oklahoma Statutes shall be
651		-	applicable to such security interests in vehicles as to which a
652		-	certificate of title may be properly issued by the Tax Commission.
653		-
	1296	+	Commission.
654	1297		2. Whenever a person creates a security interest in a vehi cle,
655	1298		the person shall surrender to the secured party the certificate of
656	1299		title or the signed application for a new certificate of title, on
657	1300		the form prescribed by the Tax Commission, and the manufacturer's
658	1301		certificate of origin. The secured party shall del iver the lien
659	1302		entry form and the required lien filing fee within twenty -five (25)
660	1303		days as provided hereafter with certificate of title or the
661	1304		application for certificate of title and the manufacturer's
662	1305		certificate of origin to the Tax Commission or to a mo tor license
663	1306		agent. If the lien entry form, the lien filing fee and the
664	1307		certificate of title or application for certificate of title and the
665	1308		manufacturer's certificate of origin are delivered to the Tax
666	1309		Commission or to a motor license agent within twenty -five (25) days
667	1310		after the date of the lien entry form, perfection of the security
668	1311		interest shall begin from the date of the execution of the lien
669	1312		entry form, but otherwise, perfection of the security interest shall
	1313	+
	1314	+	ENGR. H. B. NO. 1153 Page 25 1
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	1338	+
670	1339		begin from the date of the delivery to the Tax Commission or to a
671	1340		motor license agent.
672		-	ENR. H. B. NO. 1153 Page 16
673	1341		3. a. For each security interest recorded on a certificate
674	1342		of title, or manufacturer's certificate of origin,
675	1343		such person shall pay a fee of Ten Dollars ($10.00),
676	1344		which shall be in addition to other fees provide d for
677	1345		in the Oklahoma Vehicle License and Registration Act.
678	1346		Upon the receipt of the lien entry form and the
679	1347		required fees with either the certificate of title or
680	1348		an application for certificate of title and
681	1349		manufacturer's certificate of origin, a motor lic ense
682	1350		agent shall, by placement of a clearly distinguishing
683	1351		mark, record the date and number shown in a
684	1352		conspicuous place, on each of these instruments. Of
685	1353		the ten-dollar fee, the motor license agent shall
686	1354		retain Two Dollars ($2.00) for recording the secur ity
687	1355		interest lien.
688		-
689	1356		b. It shall be unlawful for any person to solicit, accept
690	1357		or receive any gratuity or compensation for acting as
691	1358		a messenger and for acting as the agent or
692	1359		representative of another person in applying for the
693	1360		recording of a security inter est or for the
694	1361		registration of a motor vehicle and obtaining the
695	1362		license plates or for the issuance of a certificate of
	1363	+
	1364	+	ENGR. H. B. NO. 1153 Page 26 1
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	1383	+	20
	1384	+	21
	1385	+	22
	1386	+	23
	1387	+	24
	1388	+
696	1389		title therefor unless the Tax Commission has appointed
697	1390		and approved the person to perform such acts; and
698	1391		before acting as a messenger, a ny such person shall
699	1392		furnish to the Tax Commission a surety bond in such
700	1393		amount as the Tax Commission shall determine
701	1394		appropriate.
702		-
703	1395		4. The certificate of title or the application for certificate
704	1396		of title and manufacturer's certificate of origin with the re cord of
705	1397		the date of receipt clearly marked thereon shall be returned to the
706	1398		debtor together with a notice that the debtor is required to
707	1399		register and pay all additional fees and taxes due within thirty
708	1400		(30) days from the date of purchase of the vehicle.
709		-
710	1401		5. Any person creating a security interest in a vehicle that
711	1402		has been previously registered in the debtor's name and on which all
712	1403		taxes due the state have been paid shall surrender the certificate
713	1404		of ownership to the secured party. The secured party shall have the
714	1405		duty to record the security interest as provided in this section and
715	1406		shall, at the same time, obtain a new certificate of title which
716	1407		shall show the secured interest on the face of the certificate of
717		-	title. ENR. H. B. NO. 1153 Page 17
718		-
	1408	+	title.
719	1409		6. The lien entry form with the date an d assigned number
720	1410		thereof clearly marked thereon shall be returned to the secured
721	1411		party. If the lien entry form is received and authenticated, as
722	1412		herein provided, by a motor license agent, the agent shall make a
	1413	+
	1414	+	ENGR. H. B. NO. 1153 Page 27 1
	1415	+	2
	1416	+	3
	1417	+	4
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	1419	+	6
	1420	+	7
	1421	+	8
	1422	+	9
	1423	+	10
	1424	+	11
	1425	+	12
	1426	+	13
	1427	+	14
	1428	+	15
	1429	+	16
	1430	+	17
	1431	+	18
	1432	+	19
	1433	+	20
	1434	+	21
	1435	+	22
	1436	+	23
	1437	+	24
	1438	+
723	1439		report thereof to the Tax Commission upon t he forms and in the
724	1440		manner as may be prescribed by the Tax Commission.
725		-
726	1441		7. The Tax Commission shall have the duty to record the lien
727	1442		upon the face of the certificate of title issued at the time of
728	1443		registering and paying all fees and taxes due on the vehicl e.
729		-
730		-	8. When there is an active lien from a commercial lender in
731		-	place on a vehicle, motor license agents shall be prohibited from
732		-	transferring the certificate of title on that vehicle until the lien
733		-	is satisfied.
734		-
735	1444		B. 1. A secured party shall, within seven (7) business days
736	1445		after the satisfaction of the security interest, furnish directly or
737	1446		by mail a release of a security interest to the Tax Commission and
738	1447		mail a copy thereof to the last -known address of the de btor. If the
739	1448		security interest has been satisfied by payment from a licensed used
740	1449		motor vehicle dealer to whom the motor vehicle has been transferred,
741	1450		the secured party shall also, within seven (7) business days after
742	1451		such satisfaction, mail an additional copy of the release to the
743	1452		dealer. If the secured party fails to furnish the release as
744	1453		required, the secured party shall be liable to the debtor for a
745	1454		penalty of One Hundred Dollars ($100.00). Following the seven (7)
746	1455		business days after satisfaction of the lien and upon receipt by the
747	1456		lienholder of written communication demanding the release of the
748	1457		lien, thereafter the penalty shall increase to One Hundred Dollars
749	1458		($100.00) per day for each additional day beyond seven (7) business
750	1459		days until accumulatin g to One Thousand Five Hundred Dollars
751	1460		($1,500.00) or the value of the vehicle, whichever is less, and, in
752	1461		addition, any loss caused to the debtor by such failure.
753	1462
	1463	+	ENGR. H. B. NO. 1153 Page 28 1
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	1471	+	9
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	1483	+	21
	1484	+	22
	1485	+	23
	1486	+	24
	1487	+
754	1488		2. Upon release of a security interest the owner may obtain a
755	1489		new certificate of title omit ting reference to the security
756	1490		interest, by submitting to the Tax Commission or to a motor license
757	1491		agent:
758		-
759	1492		a. a release signed by the secured party, an application
760	1493		for new certificate of title and the proper fees, or
761		-	ENR. H. B. NO. 1153 Page 18
762	1494		b. by submitting to the Tax Commission o r the motor
763	1495		license agent an affidavit, supported by such
764	1496		documentation as the Tax Commission may require, by
765	1497		the owner on a form prescribed by the Tax Commission
766	1498		stating that the security interest has been satisfied
767	1499		and stating the reasons why a release c annot be
768	1500		obtained, an application for a new certificate of
769	1501		title and the proper fees.
770		-
771	1502		Upon receiving such affidavit that the security interest has been
772	1503		satisfied, the Tax Commission shall issue a new certificate of title
773	1504		eliminating the satisfied security interest and the name and address
774	1505		of the secured parties who have been paid and satisfied. The Tax
775	1506		Commission shall accept a release of a security interest in any form
776	1507		that identifies the debtor, the secured party, and the vehicle, and
777	1508		contains the signature of the secured party. The Tax Commission
778	1509		shall not require any particular form for the release of a security
779	1510		interest.
780	1511
	1512	+	ENGR. H. B. NO. 1153 Page 29 1
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	1535	+	24
	1536	+
781	1537		The words "security interest" when used in the Oklahoma Vehicle
782	1538		License and Registration Act do not include liens dependent upon
783	1539		possession.
784		-
785	1540		C. The Tax Commission shall file and index certificates of
786	1541		title so that at all times it will be possible to trace a
787	1542		certificate of title to the vehicle designated therein, identify the
788	1543		lien entry form, and the names and addresses of secured part ies, or
789	1544		their assignees, so that all or any part of such information may be
790	1545		made readily available to those who make legitimate inquiry of the
791	1546		Tax Commission as to the existence or nonexistence of security
792	1547		interest in the vehicle.
793		-
794	1548		D. 1. Any security inte rest in a vehicle properly perfected
795	1549		prior to July 1, 1979, may be continued as to its effectiveness or
796		-	duration as provided by Sections 1-9-510 and 1-9-515 of ~~Title 12A of~~
797		-	the Oklahoma Statutes, or may be terminated, assigned ~~or released as~~
798		-	~~provided~~ by Sections 1 -9-512, 1-9-513 and 1-9-514 of ~~Title 12A of~~
799		-	the Oklahoma Statutes, as fully as if this section had ~~not been~~
800		-	enacted, or, at the option of the secured party, may also be
801		-	perfected under this section, and, if so perfected, the time of
	1550	+	duration as provided by Sections 1-9-501 1-9-510 and 1-9-515 of
	1551	+	Title 12A of the Oklahoma Statutes, or may be terminated, assigned
	1552	+	or released as provid ed by Sections 1-9-512, 1-9-513 and 1-9-514 of
	1553	+	Title 12A of the Oklahoma Statutes, as fully as if this section had
	1554	+	not been enacted, or, at the option of the secured party, may also
	1555	+	be perfected under this section, and, if so perfected, the time of
802	1556		perfection under this section shall be the date the security
803	1557		interest was originally perfected under the prior law.
	1558	+	2. Upon request of the secured party, the debtor or any other
	1559	+	holder of the certificate of title shall surrender the certificate
804	1560
805		-	2. Upon request of the secured party, the debtor or any other
806		-	holder of the certificate of title shall surrender the certificate ENR. H. B. NO. 1153 Page 19
	1561	+	ENGR. H. B. NO. 1153 Page 30 1
	1562	+	2
	1563	+	3
	1564	+	4
	1565	+	5
	1566	+	6
	1567	+	7
	1568	+	8
	1569	+	9
	1570	+	10
	1571	+	11
	1572	+	12
	1573	+	13
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	1577	+	17
	1578	+	18
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	1580	+	20
	1581	+	21
	1582	+	22
	1583	+	23
	1584	+	24
	1585	+
807	1586		of title to the secured party and shall do such other acts as may be
808	1587		required to perfect the security interest under this section.
809		-
810	1588		E. If a manufactured home is permanently affixed to real
811	1589		estate, the original document an Oklahoma certificate of title may
812	1590		be surrendered to the Tax Commission or a motor license agent for
813	1591		cancellation. When the document of title is surrendered, the owner
814	1592		shall provide the legal description or the appropriate tract or
815	1593		parcel number of the real estate and other information as may be
816	1594		required on a form provided by the Tax Commission. The Tax
817	1595		Commission may not cancel a document of title if a lien has been
818	1596		registered or recorded. The Tax Commission or motor license agent
819	1597		shall notify the owner and any lienholder that the title has been
820	1598		surrendered to the Tax Commission and that the Tax Commission may
821	1599		not cancel the title until the lien is released. Such notification
822	1600		shall include a description of the lien and such notification to the
823	1601		owner shall be accompanied by the return of title surrendered .
824	1602		Permanent attachment to real estate does not affect the validity of
825	1603		a lien recorded or registered with the Tax Commission before the
826		-	document of title is canceled pursuant to this section. ~~The rights~~
827		-	of a prior lienholder pursuant to a ~~security~~ agreement or ~~the~~
828		-	provisions of a credit transaction and the rights of the state
	1604	+	document of title is cancelled canceled pursuant to this section.
	1605	+	The rights of a prior lienholder pursuant to a securi ty agreement or
	1606	+	the provisions of a credit transaction and the rights of the state
829	1607		pursuant to a tax lien are preserved. The Tax Commission or motor
830	1608		license agent shall forward the information to the county assessor
831	1609		of the county where the real estate is located and indicate whether
	1610	+
	1611	+	ENGR. H. B. NO. 1153 Page 31 1
	1612	+	2
	1613	+	3
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	1632	+	22
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	1634	+	24
	1635	+
832	1636		the original document of title has been canceled. A fee of Five
833	1637		Dollars ($5.00) shall accompany the application for cancellation of
834	1638		title. When the fee is paid by a person making an application
835	1639		directly with the Tax Commissio n, the fee shall be deposited in the
836	1640		Oklahoma Tax Commission Revolving Fund. A fee paid to a motor
837	1641		license agent shall be retained by the agent. The owner of a
838		-	manufactured home upon which the document of title has been properly
839		-	surrendered, may apply to the Tax Commission for issuance of a new
840		-	original certificate of title upon submission of:
841		-
842		-	1. An attestation from the homeowner indicating ownership of
843		-	the manufactured home and th e nonexistence of any security interest
844		-	or lien of record in the manufactured home ; and
845		-
	1642	+	manufactured home, upon which the document of title has been
	1643	+	properly surrendered, may apply t o the Tax Commission for issuance
	1644	+	of a new original certificate of title upon submission of:
	1645	+	(1) an 1. An attestation from the homeowner indicating
	1646	+	ownership of the manufactured home and the nonexistence of any
	1647	+	security interest or lien of record in the manufactured home,; and
	1648	+	(2) a
846	1649		2. A title opinion by a licensed attorney, determining that the
847	1650		owner of the manufactured home has marketable title to the real
848	1651		property upon which the manufactured home is located and that no
849	1652		documents filed of record in th e county clerk's office concerning
850	1653		the real property contain a mortgage, recorded financial statement,
851		-	judgment, or lien of record. Persons or entities to whom the title ~~ENR. H. B. NO. 1153 Page 20~~
	1654	+	judgment, or lien of record. Persons or entities to whom the title
852	1655		opinion is addressed may rely on the title opinion . A security
853	1656		interest in a manufac tured home perfected pursuant to this section
854	1657		shall have priority over a conflicting interest of a mortgagee or
855	1658		other lien encumbrancer, or the owner of the real property upon
856	1659		which the manufactured home became affixed or otherwise permanently
	1660	+
	1661	+	ENGR. H. B. NO. 1153 Page 32 1
	1662	+	2
	1663	+	3
	1664	+	4
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857	1686		attached. The holder of the security interest in the manufactured
858	1687		home, upon default, may remove the manufactured home from such real
859	1688		property. The holder of the security interest in the manufactured
860	1689		home shall reimburse the owner of the real property who is not the
861	1690		debtor and who has not otherwise agreed to access the real property
862	1691		for the cost of repair of any physical injury to the real property,
863	1692		but shall not be liable for any diminution in value to the real
864	1693		property caused by the removal of the manufactured home , trespass,
865	1694		or any other damages caused by the removal. The debtor shall notify
866	1695		the holder of the security interest in the manufactured home of the
867	1696		street address, if any, and the legal description of the real
868	1697		property upon which the manufactured home is affixed or otherwise
869	1698		permanently attached and shall sign such other documents, including
870	1699		any appropriate mortgage, as may reasonably be requested by the
871	1700		holder of such security interest.
872		-
873	1701		F. In the case of motor vehicles or trailers, notwithstanding
874	1702		any other provision of law, a transaction does not create a sale or
875	1703		security interest merely because it provides that the rental price
876	1704		is permitted or required to be adjusted under the agreement either
877	1705		upward or downward by reference to the amount realized upon sale or
878	1706		other disposition of the motor vehicle or trailer.
879		-
880	1707		G. A security interest in vehicles registered by a federally
881	1708		recognized Indian tribe shall be deemed valid under Oklahoma law if
	1709	+
	1710	+	ENGR. H. B. NO. 1153 Page 33 1
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	1734	+
882	1735		validly perfected under the applicable tribal law and the lien is
883	1736		noted on the face of the tribal certificate of title.
884		-
885	1737		SECTION 4. AMENDATORY 68 O.S. 2011, Section 2812, is
886	1738		amended to read as follows:
887		-
888	1739		Section 2812. A. Subject to the provisions of subsection B of
889	1740		Section 2813 of this title, a ma nufactured home which is located on
890	1741		land owned by the owner of the manufactured home shall be listed and
891	1742		assessed in the county in which it is located for ad valorem
892	1743		taxation as is real property pursuant to the provisions of the Ad
893	1744		Valorem Tax Code. The p erson owning and residing in such
894	1745		manufactured home may apply for homestead exemption. The county
895	1746		assessor shall approve the application of such person if all
896		-	requirements of law for such exem ption have been met. ENR. H. B. NO. 1153 Page 21
897		-
	1747	+	requirements of law for such exemption have been met.
898	1748		B. A manufactured home which is located o n land not owned by
899	1749		the owner of the manufactured home shall be listed and assessed in
900	1750		the county in which it is located for ad valorem taxation as is
901	1751		personal property pursuant to the provisions of the Ad Valorem Tax
902	1752		Code.
903		-
904	1753		C. Each year that a manufacture d home is subject to ad valorem
905	1754		taxes as provided by law, the county assessor and the county
906	1755		treasurer shall transmit the information relating to ad valorem tax
907	1756		payment to the Oklahoma Tax Commission , which shall identify the
908	1757		manufactured home and record t he payment in the computer data system
909	1758		provided for by Section 1113 of Title 47 of the Oklahoma Statutes.
	1759	+
	1760	+	ENGR. H. B. NO. 1153 Page 34 1
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910	1785		The county assessor and treasurer of each county shall provide such
911	1786		information as may be required in order to implement the provisions
912	1787		of this section.
913		-
914	1788		SECTION 5. This act shall become effective November 1, 2021.
915		-	ENR. H. B. NO. 1153 Page 22
916		-	Passed the House of Representatives the 28th day of April, 2021.
	1789	+	Passed the House of Representatives the 1st day of March, 2021.
917	1790
918	1791
919	1792
920	1793
921	1794		Presiding Officer of the House
922	1795		of Representatives
923	1796
924	1797
925		-	Passed the Senate the ~~14th~~ day of ~~April~~, 2021.
	1798	+	Passed the Senate the ___ day of __________, 2021.
926	1799
927	1800
928	1801
929	1802
930	1803		Presiding Officer of the Senate
931	1804
932	1805
933	1806
934		-	OFFICE OF THE GOVERNOR
935		-	Received by the Office of the Governor this ____________________
936		-	day of ___________________, 20_______, at _______ o'clock _____ __ M.
937		-	By: _________________________________
938		-	Approved by the Governor of the State of Oklahoma this _________
939		-	day of ___________________, 20_______, at _______ o'clock _______ M.
940		-
941		-
942		-	_________________________________
943		-	Governor of the State of Oklahoma
944		-
945		-	OFFICE OF THE SECRETARY OF STATE
946		-	Received by the Office of the Secretary of State this __________
947		-	day of ___________________, 20_______, at _______ o'clock _______ M.
948		-	By: _________________________________
949		-