An Act
ENROLLED HOUSE
BILL NO. 2741 By: Ford of the House
and
Howard and Matthews of the
Senate
An Act relating to motor vehicles; amending 47 O.S.
2011, Section 904, which relates to payment of the
cost of removal and storage; allowing for the certa in
release of a vehicle; requiring cert ain affidavit;
amending 47 O.S. 2011, Section 953, as amended by
Section 15, Chapter 283, O.S.L. 2012 (47 O.S. Supp.
2020, Section 953), which relates to licenses, fees
and renewal; modifying fees and directing deposi t;
prohibiting certain refund; modifying fee for
renewal; directing deposit of funds; amending 47 O.S.
2011, Section 954A, as amended by Section 1, Chapter
137, O.S.L. 2013 (47 O.S. Supp. 2020 , Section 954A),
which relates to abandoned motor vehicles;
eliminating requirement for multiple copies of
certain document; requiring certain notification by
first-class mail; amending 47 O.S. 2011, Section 955,
as last amended by Section 1, Chapter 283, O.S.L.
2014 (47 O.S. Supp. 2020 , Section 955), which relates
to towing of vehicle from roadway; modifying certain
punishment; modifying party allowed to claim vehicle;
requiring certain proof of identity; and providing
effective dates.
SUBJECT: Motor vehicles
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 904, is
amended to read as follows:
ENR. H. B. NO. 2741 Page 2
Section 904. The owner of a motor vehicle or lienholder of the
vehicle abandoned in violation of Section 901 et seq. of this title,
or the owner of any vehicle or lienholder of the vehicle or insurer
accepting liability for paying a claim on a vehicle or purchasing
the vehicle as a total loss vehicle from the registered owner which
shall have been lawfully removed from any highway or other public
property may regain possession of the vehicle in accordance with
regulations of the Department of Public Safety upon payment of the
reasonable cost of removal and storage of such vehicle. The
operator is authorized to collect all lawful fees from the owner,
lienholder that seeks possession of a vehicle under a security
interest, agent, or insurer accepting liability for paying the claim
for a vehicle or purchasing the vehicle as a total loss vehicle from
the registered owner of the towed vehicle for the perform ance of any
and all such services. An operator shall release the vehicle from
storage upon authorization from the owner, agent or lienholder of
the vehicle or in the case of a total loss, the insurer accepting
liability for paying the claim on the vehicle or purchasing the
vehicle where the vehicle is to be moved to an insurance pool yard
for sale. In the case of death or incapacitation of the owner of a
motor vehicle, the operator may release the vehicle to a legal
representative or an immediate family m ember who is within the first
or second degree of consanguinity or affinity. The legal
representative or family member shall provide a notarized affidavit
describing his or her relationship to the owner of the motor vehicle
and proof of identity in accord ance with the Department 's rules
related to establishing identity.
The cost of removal and storage shall be paid to the wrecker or
towing service.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 953, as
amended by Section 15, Chapte r 283, O.S.L. 2012 (47 O.S. Supp. 2020 ,
Section 953), is amended to read as follows:
Section 953. A. No operator shall be permitted nor shall any
employee of any operator be permitted, allowed or caused to solicit
business or make service calls without the operator first having
obtained from the Department of Public Safety a license to operate a
wrecker or towing service. The number of the license shall be
displayed, in conformance with rules of the Department, on both
sides of every wrecker vehicle ope rated by the wrecker or towing
service.
ENR. H. B. NO. 2741 Page 3
B. The license fee required by this section shall be in lieu of
the motor carrier filing fee as required in Section 165 of this
title. No applicant for a wrecker license shall be required to
prove public convenien ce and necessity, file notices, nor shall a
public hearing be held. The fee for such license shall be One
Hundred Dollars ($100.00) Five Hundred Dollars ($500.00) , of which
Ten Dollars ($10.00) Ninety Dollars ($90.00) shall be deposited in
the General Revenue Fund and Four Hundred Ten Dollars ($4 10.00)
shall be allocated to the Department deposited in the Department of
Public Safety Restricted Revolving Fund created pursuant to Section
2-145 of this title for the administration of the Nonconsensual
Towing Act of 2011 Department's Wrecker Services Division and
modernization of computer programs . No license fee shall be
refunded in the event the license is suspended or revoked .
C. All licenses shall expire on the last day of the calendar
year and may be renewed annually at a cost of Fifty Dollars ($50.00)
Two Hundred Fifty Dollars ($250.00) upon application to the
Department as prescribed by rule. Two Hundred Dollars ($200.00) of
the fees collected in this subsection shall be deposited in the
Department of Public Safety Restricted Revolving Fund created in
Section 2-145 of this title for the modernization of computer
programs and the administration of the Department's Wrecker Services
Division and Fifty Dollars ($50.00) shall be deposited in the
General Revenue Fund. No license fee shall be refunded in the event
that the license is suspended or revoked.
D. The Department shall issue a letter of reprimand, cancel,
suspend, revoke, or refuse to issue or renew the license of an
operator when it finds the lic ensee or applicant has not complied
with or has violated any of the provisions of the Nonconsensual
Towing Act of 2011, or any rules adopted by the Department. A
suspension or revocation shall be for a period of time deemed
appropriate by the Department f or the violation. Any canceled,
suspended, or revoked license shall be returned to the Department by
the operator, and the operator shall not be eligible to apply for
another license until the period of suspension or revocation has
elapsed.
E. The provisions of the Administrative Procedures Act are
expressly made applicable to the Nonconsensual Towing Act of 2011.
F. In any civil action to enforce the equal application of the
alternation or rotation of wrecker or towing services regulated by a
political subdivision of the state, the prevailing party shall be ENR. H. B. NO. 2741 Page 4
allowed attorney fees determined by the court, to be taxed and
collected as costs.
G. Fees collected pursuant to the provisions of this section
shall be remitted to the State Treasurer to be credi ted to the
General Revenue Fund in the State Treasury except as provided by
subsection H of this section.
H. Fees allocated to the Department by this section shall be
deposited in the Department of Public Safety Restricted Revolving
Fund.
SECTION 3. AMENDATORY 47 O.S. 2011, Section 954A, as
amended by Section 1, Chapter 137, O.S.L. 2013 (47 O.S. Supp. 2020,
Section 954A), is amended to read as follows:
Section 954A. A. In addition to any procedure provided by
local ordinance, whenever the owner or legal possessor of real
property or an authorized agent has reasonable cause to believe that
a vehicle has been abandoned thereon, said vehicle having been on
said property for a minimum of forty -eight (48) hours, or whenever a
vehicle is left upon said real property without express or implied
permission, such vehicle may be removed as provided in this section.
B. 1. The owner, legal possessor or authorized agent may
request any licensed Class AA wrecker service within the county
wherein the real property is located to remove the abandoned vehicle
from the premises by signing a Tow Request and Authorization Form
prescribed by the Department of Public Safety and furnished to
licensed Class AA wrecker service operators as hereinafter provided.
2. If the owner, legal possessor or authorized agent of the
property owner is unable to obtain the services of a licensed Class
AA wrecker service to remove the abandoned vehicle in a reasonable
amount of time, the owner, legal possessor or aut horized agent may
contact and request that a licensed Class AA wrecker service from an
adjacent county perform the service. A notation shall be made on
the Tow Request and Authorization Form that a licensed Class AA
wrecker service in the county in which the real property is located
was contacted but the licensed Class AA wrecker service was not able
to perform the removal in a reasonable amount of time.
C. A licensed Class AA wrecker service removing an abandoned
vehicle pursuant to this section shall b e subject to the maximum
rates established by the Corporation Commission. ENR. H. B. NO. 2741 Page 5
D. The Department shall design and promulgate a suitable Tow
Request and Authorization Form to be completed in quadruplicate,
containing space for the following information:
1. A description of the vehicle, including the type of vehicle,
year of manufacture, name of the manufacturer, vehicle color or
colors, identification number and license tag number;
2. The name, address and business telephone number of the
licensed Class AA wrecker service;
3. The name, address, telephone number and driver license
number or state-issued identification card number of the real
property owner, legal possessor or authorized agent;
4. Inventory of personal property within the vehicle to be
towed;
5. Time and date the form is completed; and
6. Signatures of the driver of the wrecker vehicle and of the
owner, legal possessor or authorized agent of the real property.
The Department or the Commission may require additional
information on the T ow Request and Authorization Form. The driver
license number or state -issued identification card number of the
real property owner, legal possessor or authorized agent shall not
be disclosed by the Department or the Commission to any entity
inquiring about services performed without a court order or without
written consent from the property owner, legal possessor or
authorized agent.
E. The real property owner, legal possessor or authorized agent
and the wrecker vehicle driver shall jointly, and each in the
presence of the other, inventory personal property found within or
upon the vehicle and each shall accordingly sign a statement on the
form reflecting this requirement has been fulfilled. In the event
an inventory cannot be completed, the reasons ther efor shall be
clearly stated on the form.
F. A copy of the completed Tow Request and Authorization Form
shall be retained by the signatories and the licensed Class AA
wrecker service shall maintain the wrecker vehicle driver’s copy for
not less than one (1) year, or longer if required by the Department ENR. H. B. NO. 2741 Page 6
or the Commission. The licensed Class AA wrecker service shall
forthwith send the completed original Tow Request and Authorization
Form to the Department and the remaining copy of the completed form
to the local police department of the municipality in which the real
property is located, or the sheriff’s office of the county from
which the vehicle was towed, if the real property is located outside
of an incorporated municipality. A facsimile copy of the To w
Request and Authorization Form shall be considered the original form
if a printed or digital confirmation of the facsimile transmission
is available.
G. Within three (3) business days of the time indicated on the
form, the licensed Class AA wrecker ser vice shall request the
Oklahoma Tax Commission or other appropriate motor license agent to
furnish the name and address of the current owner of and any
lienholder upon the vehicle. The Tax Commission or appropriate
motor license agent shall respond in per son or by certified mail to
the licensed Class AA wrecker service within five (5) business days
from the receipt of the request for information. The Department and
the Oklahoma Tax Commission shall render assistance to ascertain
ownership, if needed. The licensed Class AA wrecker service shall,
within seven (7) days from receipt of the requested information from
the Oklahoma Tax Commission or other motor license agent, send a
notice of the location of the vehicle by certified mail, or if by
Department notification, the Department may notify by first -class
mail, postage prepaid, at the addresses furnished, to the owner and
any lienholder of the vehicle. The owner or lienholder may regain
possession of the vehicle in accordance with rules of the Department
upon payment of the licensed Class AA wrecker services, costs of
certified mailing and the reasonable cost of towing and storage of
the vehicle. If the licensed Class AA wrecker service has not
complied with the notification procedures required by this
subsection, the owner or lienholder shall not be required to pay for
storage of the vehicle.
H. No licensed Class AA wrecker service or operator of a
licensed Class AA wrecker service shall tow or cause to be towed a
vehicle pursuant to this section until the form furnished by the
Department has been appropriately completed by the parties as
required by rules of the Department.
SECTION 4. AMENDATORY 47 O.S. 2011, Section 955, as last
amended by Section 1, Chapter 283, O.S.L. 2014 (47 O.S. Supp. 2020,
Section 955), is amended to read as follows:
ENR. H. B. NO. 2741 Page 7
Section 955. A. Any officer of the Department of Public Safety
or any other political subdivision of this state is hereby
authorized to cause to be towed any vehicle found upon public roa ds,
highways, streets, turnpikes, private parking lots accessible to the
public, other public places or upon any private road, street, alley
or lane which provides access to one or more single -family or
multifamily dwellings when:
1. Report A report has been made that the vehicle has been
stolen or taken without the consent of its owner;
2. The officer has reason to believe the vehicle has been
abandoned as defined in Sections 901 and 902 of this title;
3. The person driving or in control of the vehic le is arrested
for an alleged offense for which the officer is required by law to
take the person arrested or summoned before a proper magistrate
without unnecessary delay;
4. At the scene of an accident, if the owner or driver is not
in a position to take charge of the vehicle and direct or request
its proper removal;
5. The officer has probable cause that the person operating the
vehicle has not been granted driving privileges or that the driving
privileges of the person are currently suspended, revok ed, canceled,
denied, or disqualified;
6. The officer has probable cause that the vehicle has been
used in the commission of a felony offense and the officer has
obtained a search warrant authorizing the search and seizure of the
vehicle;
7. The officer has probable cause that the vehicle is not
insured as required by the Compulsory Insurance Law of this state;
or
8. The vehicle is involved in a fatal motor vehicle collision
and is needed for evidentiary purposes.
No vehicle shall be released after i mpoundment unless the owner
provides to the storing facility proof of valid insurance or an
affidavit of nonuse on the roadway, or in the event of a release
request from an insurer or the representative of the insurer who has ENR. H. B. NO. 2741 Page 8
accepted liability for the veh icle, no such proof of insurance or
affidavit of nonuse on the roadway shall be required.
B. A licensed wrecker operator is not liable for damage to a
vehicle, vessel, or cargo that obstructs the normal movement of
traffic or creates a hazard to traffic and is removed in compliance
with the request of a law enforcement officer, unless there is
failure to exercise reasonable care in the performance of the act or
for conduct that is willful or malicious.
C. Each officer of the Department shall use the ser vices of the
licensed wrecker operator whose location is nearest to the vehicle
to be towed in all instances in subsection A of this section. The
requests for services may be alternated or rotated among all
licensed wrecker operators who are located withi n a reasonable
radius of each other. In like manner, the officer shall advise any
person requesting information as to the availability of a wrecker or
towing service, the name of the nearest licensed wrecker operator,
giving equal consideration to all lic ensed wrecker operators located
within a reasonable radius of each other. In cities of less than
fifty thousand (50,000) population, all licensed wrecker operators
located near or in the city limits of such cities shall be
considered as being equal distan ce and shall be called on an equal
basis as nearly as possible. In counties bordering other states, if
the officer deems safety and time considerations warrant, the
officer may call a wrecker or towing service that is not on the
rotation log.
D. Any officer of the Department who has been requested by a
person in need of wrecker or towing service to call a specific
wrecker or towing service for such person, and who calls a different
wrecker or towing service other than the one requested, without the
consent of the person, except where hazardous conditions exist,
shall be suspended from subject to progressive discipline issued by
the Department, without compensation, for a period of thirty (30)
days, except in instances where a vehicle is removed from the
roadway under the authority of paragraphs 3, 4 and 6 of subsection A
of this section.
E. Operators conducting a tow under this section shall release
all personal property within the vehicle to an insurer or
representative of the insurer who has accepted l iability for the
vehicle, or to any person upon proof of ownership of the vehicle and
an Oklahoma driver license or other state or federally issued photo
identification the registered owner or the owner's personal ENR. H. B. NO. 2741 Page 9
representative as designated by the regist ered owner on a form
approved by the Department. The registered owner or representative
of the registered owner shall provide proof of identity in
accordance with the Department 's rules related to establishing
identity. Upon the release of personal prope rty to an insurer or
representative of the insurer, wrecker operators shall be exempt
from all liability and shall be held harmless for any losses or
claims of loss. Personal property shall include everything in a
vehicle except the vehicle, the attached or installed equipment,
vehicle keys or devices to start and unlock the vehicle, and the
spare tire and tools to change the tire. Interlock devices may be
removed pursuant to Section 11 -902a of this title. If release of
personal property occurs during no rmal business hours as prescribed
by the Corporation Commission, it shall be at no cost to the
registered owner or the owner prior to the repossession. After -hour
fees may be assessed as prescribed by this Chapter or by the
Corporation Commission, when th e release of property is made after
the prescribed normal business hours.
F. The operator of a wrecker or towing service may request a
person offering proof of ownership of personal property and any
interlock device to execute a form provided by the oper ator
exempting the operator from liability for such release.
SECTION 5. Sections 1, 2 and 4 of this act shall become
effective November 1, 2021.
SECTION 6. Section 3 of this act shall b ecome effective
November 1, 2022.
ENR. H. B. NO. 2741 Page 10
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Offic e of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, a t _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'cloc k _______ M.
By: _________________________________