Oklahoma 2022 Regular Session

Oklahoma House Bill HB2741 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 2741 By: Ford of the House
4	35
5	36		and
6	37
7		-	Howard and Matthews of the
8		-	Senate
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10		-
	38	+	Howard of the Senate
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15	43		An Act relating to motor vehicles; amending 47 O.S.
16	44		2011, Section 904, which relates to payment of the
17	45		cost of removal and storage; allowing for the certain
18	46		release of a vehicle; requiring cert ain affidavit;
19	47		amending 47 O.S. 2011, Section 953, as amended by
20	48		Section 15, Chapter 283, O.S.L. 2012 (47 O.S. Supp.
21	49		2020, Section 953), which relates to licenses, fees
22	50		and renewal; modifying fees and directing deposit;
23	51		prohibiting certain refund; modifying fee for
24	52		renewal; directing deposit of funds; amending 47 O.S.
25	53		2011, Section 954A, as amended by Section 1, Chapter
26	54		137, O.S.L. 2013 (47 O.S. Supp. 2020 , Section 954A),
27	55		which relates to abandoned motor vehicles;
28	56		eliminating requirement for multiple copies of
29	57		certain document; requiring certain notification by
30	58		first-class mail; amending 47 O.S. 2011, Section 955,
31	59		as last amended by Section 1, Chapter 283, O.S.L.
32	60		2014 (47 O.S. Supp. 2020 , Section 955), which relates
33	61		to towing of vehicle from roadway; modifying certain
34	62		punishment; modifying party allowed to claim vehicle;
35	63		requiring certain proof of identity; and providing
36	64		effective dates.
37	65
38	66
39		-	~~SUBJECT: Motor vehicles~~
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40	68
41	69		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
42		-
43	70		SECTION 1. AMENDATORY 47 O.S. 2011, Section 904, is
44	71		amended to read as follows:
45		-	ENR. H. B. NO. 2741 Page 2
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46	99		Section 904. The owner of a motor vehicle or lienholder of the
47	100		vehicle abandoned in violation of Section 901 et seq. of this title,
48	101		or the owner of any vehicle or lienholder of the vehicl e or insurer
49	102		accepting liability for paying a claim on a vehicle or purchasing
50	103		the vehicle as a total loss vehicle from the registered owner which
51	104		shall have been lawfully removed from any highway or othe r public
52	105		property may regain possession of the vehic le in accordance with
53	106		regulations of the Department of Public Safety upon payment of the
54	107		reasonable cost of removal and storage of such vehicle. The
55	108		operator is authorized to collect all lawful fees from the owner,
56	109		lienholder that seeks possession of a ve hicle under a security
57	110		interest, agent, or insurer accepting liability for paying the claim
58	111		for a vehicle or purchasing the vehicle as a total loss vehicle from
59	112		the registered owner of the towed vehicle f or the performance of any
60	113		and all such services. An operator shall release the vehicle from
61	114		storage upon authorization from the owner, agent or lienholder of
62	115		the vehicle or in the case of a total loss, the insurer accepting
63	116		liability for paying the claim on the vehicle or purchasing the
64	117		vehicle where the vehicle is to be moved to an insurance pool yard
65	118		for sale. In the case of death or incapacitation of the owner of a
66	119		motor vehicle, the operator may release the vehicle to a legal
67	120		representative or an imme diate family member who is within the first
68	121		or second degree of consanguinity or affinity. The legal
69	122		representative or family member shall provide a notarized affidavit
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70	150		describing his or her relationship to the owner of the motor vehicle
71	151		and proof of identity in accordance with the Department 's rules
72	152		related to establishing identity.
73		-
74	153		The cost of removal and storage shall be paid to the wrecker or
75	154		towing service.
76		-
77	155		SECTION 2. AMENDATORY 47 O.S. 2011, Section 953, as
78	156		amended by Section 15, Chapter 283, O.S.L. 2012 (47 O.S. Supp. 2020 ,
79	157		Section 953), is amended to read as follows:
80		-
81	158		Section 953. A. No operator shall be permitted nor shall any
82	159		employee of any operator be permitted, allowed or caused to solicit
83	160		business or make service cal ls without the operator first having
84	161		obtained from the Department of Public Safety a license to operate a
85	162		wrecker or towing service. The number of the license shall be
86	163		displayed, in conformance with rules of the Department, on both
87	164		sides of every wrecker vehicle operated by the wrecker or towing
88	165		service.
89		-	ENR. H. B. NO. 2741 Page 3
90	166		B. The license fee required by this section shall be in lieu of
91	167		the motor carrier filing fee as required in Section 165 of this
92	168		title. No applicant for a wrecker license shall be required to
93	169		prove public convenience and necessity, file notices, nor shall a
94	170		public hearing be held. The fee for such license shall be One
95	171		Hundred Dollars ($100.00) Five Hundred Dollars ($500.00) , of which
96	172		Ten Dollars ($10.00) Ninety Dollars ($90.00) shall be deposited in
97	173		the General Revenue Fund and Four Hundred Ten Dollars ($4 10.00)
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98	201		shall be allocated to the Department deposited in the Department of
99	202		Public Safety Restricted Revolving Fund created pursuant to Section
100	203		2-145 of this title for the administration of the Nonconsensual
101	204		Towing Act of 2011 Department's Wrecker Services Division and
102	205		modernization of computer programs . No license fee shall be
103	206		refunded in the event the license is suspended or revoked .
104		-
105	207		C. All licenses shall expire on the last day of the calendar
106	208		year and may be renewed annually at a cost of Fifty Dollars ($50.00)
107	209		Two Hundred Fifty Dollars ($250.00) upon application to the
108	210		Department as prescribed by rule. Two Hundred Dollars ($200.00) of
109	211		the fees collected in this subsection shall be deposited in the
110	212		Department of Public Safety Restricted Revolving Fund cr eated in
111	213		Section 2-145 of this title for the modernization of computer
112	214		programs and the administration of the Department's Wrecker Services
113	215		Division and Fifty Dollars ($50.00) shall be deposited in the
114	216		General Revenue Fund. No license fee shall be refunde d in the event
115	217		that the license is suspended or revoked.
116		-
117	218		D. The Department shall issue a letter of reprimand, cancel,
118	219		suspend, revoke, or refuse to issue or renew the license of an
119	220		operator when it finds the licensee or applicant has not complied
120	221		with or has violated any of the provisions of the Nonconsensual
121	222		Towing Act of 2011, or any rules adopted by the Department. A
122	223		suspension or revocation shall be for a period of time deemed
123	224		appropriate by the Depa rtment for the violation. Any canceled,
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124	252		suspended, or revoked license shall be returned to the Department by
125	253		the operator, and the operator shall not be eligible to apply for
126	254		another license until the period of suspension or revocation has
127	255		elapsed.
128		-
129	256		E. The provisions of the Administrative Procedures Act ar e
130	257		expressly made applicable to the Nonconsensual Towing Act of 2011.
131		-
132	258		F. In any civil action to enforce the equal application of the
133	259		alternation or rotation of wrecker or towing services regulated by a
134		-	political subdivision of the state, the prevailing ~~party~~ shall be ~~ENR. H. B. NO. 2741 Page 4~~
	260	+	political subdivision of the state, the prevailing par ty shall be
135	261		allowed attorney fees determined by the court, to be taxed and
136	262		collected as costs.
137		-
138	263		G. Fees collected pursuant to the provisions of this section
139	264		shall be remitted to the State Treasurer to be credited to the
140	265		General Revenue Fund in the State Tr easury except as provided by
141	266		subsection H of this section.
142		-
143	267		H. Fees allocated to the Department by this section shall be
144	268		deposited in the Department of Public Safety Restricted Revolving
145	269		Fund.
146		-
147	270		SECTION 3. AMENDATORY 47 O.S. 2011, S ection 954A, as
148	271		amended by Section 1, Chapter 137, O.S.L. 2013 (47 O.S. Supp. 2020,
149	272		Section 954A), is amended to read as follows:
150		-
151	273		Section 954A. A. In addition to any procedure provided by
152	274		local ordinance, whenever the owner or legal possessor of real
153	275		property or an authorized agent has reasonable cause to believe that
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154	303		a vehicle has been abandoned thereon, said vehicle having been on
155	304		said property for a minimum of forty -eight (48) hours, or whenever a
156	305		vehicle is left upon said real property without express or implied
157	306		permission, such vehicle may be removed as provided in this section.
158		-
159	307		B. 1. The owner, legal possessor or authorized agent may
160	308		request any licensed Class AA wrecker service within the county
161	309		wherein the real property is located to remove the a bandoned vehicle
162	310		from the premises by signing a Tow Request and Authorization Form
163	311		prescribed by the Department of Public Safety and furnished to
164	312		licensed Class AA wrecker service operators as hereinafter provided.
165		-
166	313		2. If the owner, legal possessor or auth orized agent of the
167	314		property owner is unable to obtain the services of a licensed Class
168	315		AA wrecker service to remove the abandoned vehicle in a reasonable
169	316		amount of time, the owner, legal possessor or aut horized agent may
170	317		contact and request that a license d Class AA wrecker service from an
171	318		adjacent county perform the service. A notation shall be made on
172	319		the Tow Request and Authorization Form that a licensed Class AA
173	320		wrecker service in the county in which the real property is located
174	321		was contacted but the l icensed Class AA wrecker service was not able
175	322		to perform the removal in a reasonable amount of time.
176		-
177	323		C. A licensed Class AA wrecker service removing an abandoned
178	324		vehicle pursuant to this section shall be subject to the maximum
179		-	rates established by the Corporation Commission. ENR. H. B. NO. 2741 Page 5
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181	353		D. The Department shall design and promulgate a suitable Tow
182	354		Request and Authorization Form to be completed in quadruplicate,
183	355		containing space for the following information:
184		-
185	356		1. A description of the vehicle, including the type of vehi cle,
186	357		year of manufacture, name of the manufacturer, vehicle color or
187	358		colors, identification number and license tag number;
188		-
189	359		2. The name, address and business telephone number of the
190	360		licensed Class AA wrec ker service;
191		-
192	361		3. The name, address, telephone number and driver license
193	362		number or state-issued identification card number of the real
194	363		property owner, legal possessor or authorized agent;
195		-
196	364		4. Inventory of personal property within the vehicle to be
197	365		towed;
198		-
199	366		5. Time and date the form is completed; and
200		-
201	367		6. Signatures of the driver of the wrecker vehicle and of the
202	368		owner, legal possessor or authorized agent of the real property.
203		-
204	369		The Department or the Commission may require additional
205	370		information on the Tow Reques t and Authorization Form. The driver
206	371		license number or state-issued identification card number of the
207	372		real property owner, legal possessor or authorized agent shall not
208	373		be disclosed by the Department or the Commission to any entity
209	374		inquiring about service s performed without a court order or without
210	375		written consent from the property owner, legal possessor or
211	376		authorized agent.
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213	404		E. The real property owner, legal possessor or authorized agent
214	405		and the wrecker vehicle driver shall jointly, and each in the
215	406		presence of the other, inventory personal property found w ithin or
216	407		upon the vehicle and each shall accordingly sign a statement on the
217	408		form reflecting this requirement has been fulfilled. In the event
218	409		an inventory cannot be completed, the reasons therefor shall be
219	410		clearly stated on the form.
220		-
221	411		F. A copy of the co mpleted Tow Request and Authorization Form
222	412		shall be retained by the signatories and the licensed Class AA
223	413		wrecker service shall maintain the wrecker vehicle driver’s copy for
224		-	not less than one (1) year, or longer if required by the Department ~~ENR. H. B. NO. 2741 Page 6~~
	414	+	not less than one (1) year, o r longer if required by the Department
225	415		or the Commission. The licensed Class AA wrecker service shall
226	416		forthwith send the completed original Tow Request and Authorization
227	417		Form to the Department and the remaining copy of the completed form
228	418		to the local police department of the municipality in which the real
229	419		property is located, or the sheriff’s office of the county from
230	420		which the vehicle was towed, if the real property is located outside
231	421		of an incorporated municipality. A facsimile copy of the Tow
232	422		Request and Authorization Form shall be considered the origin al form
233	423		if a printed or digital confirmation of the facsimile transmission
234	424		is available.
235		-
236	425		G. Within three (3) business days of the time indicated on the
237	426		form, the licensed Class AA wrecker service shall r equest the
238	427		Oklahoma Tax Commission or other appropri ate motor license agent to
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239	455		furnish the name and address of the current owner of and any
240	456		lienholder upon the vehicle. The Tax Commission or appropriate
241	457		motor license agent shall respond in person or by ce rtified mail to
242	458		the licensed Class AA wrecker servic e within five (5) business days
243	459		from the receipt of the request for information. The Department and
244	460		the Oklahoma Tax Commission shall render assistance to ascertain
245	461		ownership, if needed. The licensed Cl ass AA wrecker service shall,
246	462		within seven (7) days from receipt of the requested information from
247	463		the Oklahoma Tax Commission or other motor license agent, send a
248	464		notice of the location of the vehicle by certified mail, or if by
249	465		Department notification, t he Department may notify by first-class
250	466		mail, postage prepaid, at the addresses furnished, to the owner and
251	467		any lienholder of the vehicle. The owner or lienholder may regain
252	468		possession of the vehicle in accordance with rules of the Department
253	469		upon payment of the licensed Class AA wrecker services, costs of
254	470		certified mailing and the reasonable cost of towing and storage of
255	471		the vehicle. If the licensed Class AA wrecker service has not
256	472		complied with the notification procedures required by this
257	473		subsection, the owner or lienholder shall not be required to pay f or
258	474		storage of the vehicle.
259		-
260	475		H. No licensed Class AA wrecker service or operator of a
261	476		licensed Class AA wrecker service shall tow or cause to be towed a
262	477		vehicle pursuant to this section until the form furn ished by the
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263	505		Department has been appropriately compl eted by the parties as
264	506		required by rules of the Department.
265		-
266	507		SECTION 4. AMENDATORY 47 O.S. 2011, Section 955, as last
267	508		amended by Section 1, Chapter 283, O.S.L. 2014 (47 O.S. Supp. 2020,
268	509		Section 955), is amended to read as follows:
269		-	ENR. H. B. NO. 2741 Page 7
270	510		Section 955. A. Any officer of the Department of Public Safety
271	511		or any other political subdivision of this state is hereby
272	512		authorized to cause to be towed any vehicle found upon public roads,
273	513		highways, streets, turnpikes, private parking lots accessible t o the
274	514		public, other public places or upon any private road, street, alley
275	515		or lane which provides access to one or more single -family or
276	516		multifamily dwellings when:
277		-
278	517		1. Report A report has been made that t he vehicle has been
279	518		stolen or taken without the cons ent of its owner;
280		-
281	519		2. The officer has reason to believe the vehicle has been
282	520		abandoned as defined in Sections 901 and 902 of this title;
283		-
284	521		3. The person driving or in control of the vehicle is arrested
285	522		for an alleged offense for which the officer is require d by law to
286	523		take the person arrested or summoned before a proper magistrate
287	524		without unnecessary delay;
288		-
289	525		4. At the scene of an accident, if the owner or driver is not
290	526		in a position to take charge of the ve hicle and direct or request
291	527		its proper removal;
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292	554
293	555		5. The officer has probable cause that the person operating the
294	556		vehicle has not been granted driving privileges or that the driving
295	557		privileges of the person are currently suspended, revoked, canceled,
296	558		denied, or disqualified;
297		-
298	559		6. The officer has probable caus e that the vehicle has been
299	560		used in the commission of a felony offense and the officer has
300	561		obtained a search warrant authorizing the search and seizure of the
301	562		vehicle;
302		-
303	563		7. The officer has probable cause t hat the vehicle is not
304	564		insured as required by the Co mpulsory Insurance Law of this state;
305	565		or
306		-
307	566		8. The vehicle is involved in a fatal motor vehicle collision
308	567		and is needed for evidentiary purposes.
309		-
310	568		No vehicle shall be released after impoundment unless the ow ner
311	569		provides to the storing facility proof of valid insurance or an
312	570		affidavit of nonuse on the roadway, or in the event of a release
313		-	request from an insurer or the representative of the insurer who has ~~ENR. H. B. NO. 2741 Page 8~~
	571	+	request from an insurer or the representative of the insurer who has
314	572		accepted liability for the vehicle, no such proof of i nsurance or
315	573		affidavit of nonuse on the roadway shall be required.
316		-
317	574		B. A licensed wrecker operator is not liable for damage to a
318	575		vehicle, vessel, or cargo that obstructs the normal movement of
319	576		traffic or creates a hazard to traffic and is removed in complia nce
320	577		with the request of a law enforcement officer, u nless there is
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321	605		failure to exercise reasonable care in the performance of the act or
322	606		for conduct that is willful or malicious.
323		-
324	607		C. Each officer of the Department shall use the services of the
325	608		licensed wrecker operator whose location is nearest to the vehicl e
326	609		to be towed in all instances in subsection A of this section. The
327	610		requests for services may be alternated or rotated among all
328	611		licensed wrecker operators who are located within a reasonable
329	612		radius of each other. In like manner, the officer shall advise any
330	613		person requesting information as to the availability of a wrecker or
331	614		towing service, the name of the nearest licensed wrecker operator,
332	615		giving equal consideration to all licensed wrecker operators lo cated
333	616		within a reasonable radius of each other. In cities of less than
334	617		fifty thousand (50,000) population, all licensed wrecker operators
335	618		located near or in the city limits of such cities shall be
336	619		considered as being equal distance and shall be called on an equal
337	620		basis as nearly as possible. In counties b ordering other states, if
338	621		the officer deems safety and time considerations warrant, the
339	622		officer may call a wrecker or towing service that is not on the
340	623		rotation log.
341		-
342	624		D. Any officer of the Department who has been requested by a
343	625		person in need of wrecker or towing service to call a specific
344	626		wrecker or towing service for such person, and who calls a different
345	627		wrecker or towing service other than the one requested, without the
346	628		consent of the person, except wh ere hazardous conditions exist,
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347	656		shall be suspended from subject to progressive discipline issued by
348	657		the Department, without compensation, for a period of thirty (30)
349	658		days, except in instances where a vehicle is removed from the
350	659		roadway under the authority of paragraphs 3, 4 and 6 of subsection A
351	660		of this section.
352		-
353	661		E. Operators conducting a tow under this section shall release
354	662		all personal property within the vehicle to an insurer or
355	663		representative of the insurer who has accepted liability for the
356	664		vehicle, or to any person upon proof of ownership of the vehicl e and
357	665		an Oklahoma driver license or other state or federally issued photo
358		-	identification the registered owner or the owner's personal ~~ENR. H. B. NO. 2741 Page 9~~
	666	+	identification the registered owner or the owner's personal
359	667		representative as designated by the registered owner on a form
360	668		approved by the Department. The registered owner or repres entative
361	669		of the registered owner shall provide proof of identity in
362	670		accordance with the Department 's rules related to establishing
363	671		identity. Upon the release of personal property to an insurer or
364	672		representative of the insurer, wrecker operators shall be e xempt
365	673		from all liability and shall be held harmless for any losses or
366	674		claims of loss. Personal property shall include everything in a
367	675		vehicle except the vehicle, the attached or installed equipment,
368	676		vehicle keys or devices to start and unlock the vehicle, and the
369	677		spare tire and tools to change the tire. Interlock devices may be
370	678		removed pursuant to Section 11 -902a of this title. If release of
371	679		personal property occurs during normal business hours as presc ribed
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372	707		by the Corporation Commission, it shall be at no cost to the
373	708		registered owner or the owner prior to the repossession. After -hour
374	709		fees may be assessed as prescribed by this Chapter or by the
375	710		Corporation Commission, when the release of property is mad e after
376	711		the prescribed normal business hours.
377		-
378	712		F. The operator of a wrecker or towing service may request a
379	713		person offering proof of ownership of personal property and any
380	714		interlock device to execute a form provided by the operator
381	715		exempting the operator f rom liability for such release.
382		-
383	716		SECTION 5. Sections 1, 2 and 4 of this act shall become
384	717		effective November 1, 2021.
385		-
386	718		SECTION 6. Section 3 of this act shall b ecome effective
387	719		November 1, 2022.
388		-	ENR. H. B. NO. 2741 Page 10
389		-	Passed the House of Representatives the 9th day of March, 2021.
390		-
391		-
392		-
393		-
394		-	Presiding Officer of the House
395		-	of Representatives
396		-
397		-
398		-	Passed the Senate the 21st day of April, 2021.
399		-
400		-
401		-
402		-
403		-	Presiding Officer of the Senate
404		-
405		-
406		-
407		-	OFFICE OF THE GOVERNOR
408		-	Received by the Offic e of the Governor this ____________________
409		-	day of ___________________, 20_______, at _______ o'clock _______ M.
410		-	By: _________________________________
411		-	Approved by the Governor of the State of Oklahoma this _________
412		-	day of ___________________, 20_______, a t _______ o'clock _______ M.
413		-
414		-
415		-	_________________________________
416		-	Governor of the State of Oklahoma
417		-
418		-	OFFICE OF THE SECRETARY OF STATE
419		-	Received by the Office of the Secretary of State this __________
420		-	day of ___________________, 20_______, at _______ o'cloc k _______ M.
421		-	By: _________________________________
422		-
	720	+	COMMITTEE REPORT BY: COMMITTEE O N APPROPRIATIONS
	721	+	April 7, 2021 - DO PASS