Oklahoma 2022 Regular Session

Oklahoma House Bill HB3002 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3002 By: Munson, Lepak, and Ranson
4		-	of the House
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	29	+	SENATE FLOOR VERSION
	30	+	April 7, 2022
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 3002 By: Munson, Lepak and Ranson of
	35	+	the House
5	36
6	37		and
7	38
8	39		Taylor of the Senate
9		-
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15	43		An Act relating to professions and occupations;
16	44		amending 2 O.S. 2021, Section 11 -98, which relates to
17	45		the Oklahoma Scrap Metal Dealers Ac t; modifying
18	46		application for license; defining terms; amending 37A
19	47		O.S. 2021, Section 2 -146, which relates to the
20	48		Oklahoma Alcoholic Beverage Control Act; modifying
21	49		disqualifying factors for licensure; amending 47 O.S.
22	50		2021, Section 565, which relates to motor vehicle
23	51		dealers; modifying application for license; defin ing
24	52		terms; amending 47 O.S. 2021, Section 584, which
25	53		relates to used motor vehicle dealers; modifyi ng
26	54		basis for denial, revocation or suspension of
27	55		license; defining terms; amending 63 O.S. 20 21,
28	56		Section 1-1454, which relates to the Oklahoma Medical
29	57		Micropigmentation Regulation Act; modifying
30	58		qualifications for certification; defining terms; and
31	59		providing an effective date.
32	60
33	61
34	62
35		-
36		-	SUBJECT: Professions and occupations
37		-
38	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
39		-
40	64		SECTION 1. AMENDATORY 2 O.S. 2021, Secti on 11-98, is
41	65		amended to read as follows:
42		-
43	66		Section 11-98. A. An applicant for a license to engage in
44	67		business as a scrap meta l dealer shall provide all of the follo wing
45	68		information on the license application:
46		-	ENR. H. B. NO. 3002 Page 2
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47	96		1. If the applicant is an individual, the full name and place
48	97		of residence of the applicant;
49		-
50	98		2. If the applicant is a firm, corporation or other legal
51	99		entity, the full name, place of residence, and the positio n of the
52	100		individual filing the application on behalf of the entity;
53		-
54	101		3. The business address of the location where the scrap metal
55	102		dealer conducts business or will conduct business as a scrap metal
56	103		dealer;
57		-
58	104		4. Legal proof of ownership, lease agreement or c ontract for
59	105		the business location;
60		-
61	106		5. Proof of a dedicated telephone line for the business
62	107		location;
63		-
64	108		6. Proof of a general liability insurance policy for the
65	109		business location;
66		-
67	110		7. Proof of a current discharge permi t issued pursuant to the
68	111		provisions of the Oklahoma Pollutant Discharge Elimination System
69	112		Act; and
70		-
71	113		8. Whether the person has been previously convicted of, or pled
72		-	guilty or nolo contendere to , any felony or to a misdemeanor
	114	+	guilty or nolo contendere to any felony or to a misdemeanor
73	115		involving moral turpitude or di shonesty; and
74		-
75	116		9. Any other additional information that will sufficiently
76	117		enable the Oklahoma Department of Agriculture, Food, and Forestry to
77	118		determine if the scrap metal dealer is prohibited from being issued
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78	146		a license crime that substantially relates to scrap metal dealing
79	147		and poses a reasonable threat to public safety.
80		-
81	148		B. The Department may conduct any reasonable inquiry or
82	149		investigation relative to the determination of the fitness of the
83	150		applicant to be licensed or continue to be licensed including, b ut
84	151		not limited to, requiring a nationa l criminal history record check
85	152		as provided in Section 150.9 of Title 74 of the Oklahoma Stat utes.
86		-
87	153		C. The Department shall charge an application fee in the amount
88	154		of One Hundred Dollars ($100.00) for processing an ini tial
89	155		application for a scrap metal dea ler license. The Department shall
90		-	also charge an investigative fee of One Hundred Dollars ($ 100.00) to ~~ENR. H. B. NO. 3002 Page 3~~
	156	+	also charge an investigative fee of One Hundred Dollars ($ 100.00) to
91	157		be used for the purpose of conducting an investigation of the
92	158		applicant. All fees shall be nonrefundable.
93		-
94	159		D. In addition to the application, each appl icant shall submit
95	160		a full set of fingerprints and a photograph with each application
96	161		for an original license. The fingerprints shall be used for a
97	162		national criminal history record check as provided for in subsection
98	163		B of this section. The applicant shall be required to pay for
99	164		fingerprints, photographs and the national criminal history records
100	165		check required for licensure and renewals.
101		-
102	166		E. If the results of the investigation of the applicant show no
103	167		prohibition to granting a license, the Department shall issue the
104	168		scrap metal dealer license. The scrap metal dealer license shall be
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105	196		valid for a period of one (1) year unless otherwise voluntarily
106	197		surrendered, suspended or revoked by the Department.
107		-
108	198		F. A scrap metal deal er license issued pursuant to the
109	199		provisions of this act is valid for the conduct of business as a
110	200		scrap metal dealer only at the l ocation specified in the
111	201		application. A separate scrap metal dealer license shall be
112	202		required for each location specified in the application form and
113	203		each license shall designate the location to which it applies. The
114	204		business of the scrap metal dealer sh all not be conducted in any
115	205		place other than that designated by the license. The scrap metal
116	206		dealer license shall not be tra nsferable.
117		-
118	207		G. The Department shall de ny the license when the applicant
119	208		fails to properly complete the application form or if it is
120	209		determined that the applicant is not eligible to receive a scrap
121	210		metal dealer license.
122		-
123	211		H. A scrap metal dealer license may be renewed any time within
124	212		sixty (60) days prior to the expiration date of the license. To
125	213		renew a scrap metal dealer license, the licensee must first obtain a
126	214		renewal form from the Department. The licensee must complete the
127	215		renewal form and submit a ren ewal fee in the amount of One Hundred
128	216		Dollars ($100.00) to the Department. Upon receipt of the renewal
129	217		application and fee, the De partment shall conduct a national
130	218		criminal history record check and investigate any other records or
131	219		information deemed by th e Department to be relevant to the ren ewal
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132	247		of the scrap metal dealer license. If the licensee appears not to
133	248		have any prohibition to renewing the scrap metal dealer license, the
134	249		Department shall issue the renewed license for a period of one (1)
135		-	year. ENR. H. B. NO. 3002 Page 4
136		-
	250	+	year.
137	251		I. The Oklahoma Department of Agriculture , Food, and Forestry
138	252		shall promulgate rules, procedures and forms governing the
139	253		application and renewal procedures for scrap metal dealer licenses.
140		-
141	254		J. As used in this section:
142		-
143	255		1. "Substantially relates " means the nature of criminal conduct
144	256		for which the person was convicted has a direct bearing on the
145	257		fitness or ability to perform one or more of the duties or
146	258		responsibilities necessarily related to the occupation; and
147		-
148	259		2. "Poses a reasonable threat " means the nature of criminal
149	260		conduct for which the perso n was convicted involved an act or threat
150	261		of harm against another and has a bearing on the fi tness or ability
151	262		to serve the public or work with others in the occupation.
152		-
153	263		SECTION 2. AMENDATORY 37A O.S. 2021, Section 2 -146, is
154	264		amended to read as follows:
155		-
156	265		Section 2-146. A. The ABLE Commission shall refuse to issue a
157	266		wine and spirits wholesaler, beer distributor, retail spirits,
158	267		retail wine or retail beer license, either on an original
159	268		application or a renewal application, if it has r easonable grounds
160	269		to believe and finds any of the following to be true:
161	270
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162	297		1. Except in the case of a beer distributor, that the applicant
163	298		is not a citizen of the United States or is not a qualified elector
164	299		in this state, or has not been a continuous residen t of this state
165	300		for the five (5) years next preceding the application for the
166	301		license;
167		-
168	302		2. That the applicant is under twenty -one (21) years of age;
169		-
170	303		3. That the applicant or any partner, or spouse of the
171	304		applicant or any partner, has been convicted of a f elony;
172		-
173	305		4. That the applicant or any partner, or spouse of the
174	306		applicant or any partner, has been convicted of a violation of any
175	307		state or federal law relating to alcoholic beverages, has forfeited
176	308		a bond while any cha rge of such violation was pending, nor may any
177	309		license be granted for any purpose under the Oklahoma Alcoholic
178	310		Beverage Control Act to an Oklahoma resident, who has held or whose
179	311		spouse has held a Federal Liquor Stamp in Oklahoma before the
180		-	adoption of Article XXVIII-A of the Oklahoma ~~Constitution~~ unless the ~~ENR. H. B. NO. 3002 Page 5~~
	312	+	adoption of Article XXVIII-A of the Oklahoma Constitu tion unless the
181	313		Liquor Stamp was granted for supplying alcoholic beverages to a
182	314		federal military installation, or was granted under the Oklahoma
183	315		Alcoholic Beverage Control Act;
184		-
185	316		5. That the applicant or any partner has , within twelve (12)
186	317		months next preceding the date of the application, violated any
187	318		provision of the Oklahoma Alco holic Beverage Control Act or rule of
188	319		the ABLE Commission promulgated pursuant hereto. Provided, however,
189	320		that if the ABLE Commission has, d uring such twelve-month period,
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190	348		suspended any license sought to be renewed, such renewal application
191	349		may be approved if the term of the suspension has been completed and
192	350		the applicant has complied with any special conditions imposed in
193	351		connection with the suspension;
194		-
195	352		6. That the applicant is not of good moral character, or that
196	353		the applicant is in the habit of using a lcoholic beverages to
197	354		excess, or is mentally incapacitated . Provided, that the record in
198	355		any municipal court showing a conviction of violati on of any
199	356		municipal ordinances or stat e statutes involving moral character or
200	357		public nuisance obtained after passag e and approval of the Oklahoma
201	358		Alcoholic Beverage Control Act shall be received in evidence by the
202	359		ABLE Commission;
203		-
204	360		7. That the applicant do es not own or have a written lease for
205	361		the premises for which a license is sought;
206		-
207	362		8. That the applicant, within t welve (12) months next preceding
208	363		the date of application, has been the holder of a license revoked
209	364		for cause;
210		-
211	365		9. That the applicant is not t he real party in interest, or
212	366		intends to carry on the business authorized by the license as the
213	367		agent of another;
214		-
215	368		10. That the applicant, in the case of an application for
216	369		renewal of any license, would not be eligible for such license on a
217	370		first application;
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219	398		11. That the applicant is a perso n who appoints or is a law
220	399		enforcement official or is an employee of the ABLE Commission;
221		-
222	400		12. That the proposed location of the licensed premises would
223	401		violate a valid municipal nondiscriminatory zoning ordinance;
224		-	ENR. H. B. NO. 3002 Page 6
225	402		13. That, in the case of an application for a wine and spirits
226	403		wholesaler license or beer distributor license, any br ewer or
227	404		manufacturer, including an officer, director or principal
228	405		stockholder thereof or any partner, has any financial interest in
229	406		the business to be conducted under the license, unless otherwise
230	407		permitted by law;
231		-
232	408		14. That the issuance of the license app lied for would result
233	409		in a violation of any provision of the Oklahoma Alcoholic Beverage
234	410		Control Act;
235		-
236	411		15. That, in the case of an applicatio n for a wine and spirits
237	412		wholesaler or beer distributor license, the applicant or any
238	413		partner, or spouse of the app licant or any partner, is the holder or
239	414		partner of the holder of any other class of license issued under the
240	415		provisions of the Oklahoma Alcoh olic Beverage Control Act, other
241	416		than an agent or employee license for employment by the applicant,
242	417		or a storage license, bonded warehouse license, carrier license or
243	418		private carrier license; provided, nothing shall prohibit a wine and
244	419		spirits wholesaler, who is otherwise qualified, from maint aining
245	420		beer distributor licenses in the state, nor a beer distributor, who
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246	448		is otherwise qualified, from maintaining a wine and spirits
247	449		wholesaler license in the state;
248		-
249	450		16. That, in the case of an application for a ret ail spirits,
250	451		retail wine or retail bee r license, the applicant or any partner is
251	452		the holder or partner of the holde r, or employee of such holder of
252	453		any other class of license issued under the provisions of the
253	454		Oklahoma Alcoholic Beverage Control Act, other than a storage
254	455		license or an employee license for the proposed licensed premises of
255	456		the applicant, provided, nothi ng in this title shall prohibit an
256	457		applicant for a retail wine and/or retail beer license from
257	458		maintaining a separate mixed beverage, caterer , mixed
258	459		beverage/caterer combination l icense, and/or an on-premise on-
259	460		premises beer and wine license; or
260		-
261	461		17. That the applicant or any partner, spouse, employee or
262	462		other person affiliated with the applicant is not in compliance with
263	463		the tax laws of this s tate as required in Article XXVIII -A of the
264	464		Oklahoma Constitution.
265		-
266	465		B. The provisions of this section shall not ope rate to prohibit
267	466		the issuance of a beer distributor license to a corporation or
268	467		partnership or limited liability company.
269		-	ENR. H. B. NO. 3002 Page 7
270	468		SECTION 3. AMENDATORY 47 O.S. 2 021, Section 565, is
271	469		amended to read as follows:
272		-
273	470		Section 565. A. The Oklahoma Motor Vehicle Co mmission may deny
274	471		an application for a license, or revoke or suspend a license or
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275	499		impose a fine not to exceed Ten Thousand Dollars ($10,000.00)
276	500		against a manufacturer or distributor or a fine not to exceed One
277	501		Thousand Dollars ($1,000.00) against a dealer per occurrence that
278	502		any provision of Sections 561 through 567, 572, 578.1, 579 and 579. 1
279	503		of this title is violated or for any of the following reasons:
280		-
281	504		1. On satisfactory proof of unfitness of the applicant in any
282	505		application for any license under the pro visions of Section 561 et
283	506		seq. of this title;
284		-
285	507		2. For any material misstatement made by an applicant in any
286	508		application for any license under the provisions of Section 561 et
287	509		seq. of this title;
288		-
289	510		3. For any failure to comply with any provision of Section 5 61
290	511		et seq. of this title or any rule promulgated by the Commission
291	512		under authority vested in it by Section 561 et seq. of this title;
292		-
293	513		4. A change of condition after license is granted resulting in
294	514		failure to maintain the qualifications for license;
295		-
296	515		5. Being a new motor vehicle dealer who:
297		-
298	516		a. has required a purchaser of a new motor ve hicle, as a
299	517		condition of sale and deliver y thereof, to also
300	518		purchase special features, appliances, accessories or
301	519		equipment not desired or requested by the purchaser
302	520		and installed by the dealer,
303		-
304	521		b. uses any false or misleading advertising in connection
305	522		with business as a new motor vehicle dealer,
306	523
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307	550		c. has committed any unlawful act which resulted in the
308	551		revocation of any similar license in another state,
309		-
310	552		d. has failed or refused to perform any written agreement
311	553		with any retail buyer involving the sale of a motor
312	554		vehicle,
313		-	ENR. H. B. NO. 3002 Page 8
314	555		e. has been convicted of a felony crime involving moral
315	556		turpitude that substantially relates to the occupation
316	557		of a motor vehicle dealer and poses a reasonable
317	558		threat to public safety ,
318		-
319	559		f. has committed a fraudulent act in selling, purchasing
320	560		or otherwise dealing in new motor vehicles or has
321	561		misrepresented the terms an d conditions of a sale,
322	562		purchase or contract for sale or purchase of a new
323	563		motor vehicle or any int erest therein including an
324	564		option to purchase such vehicle,
325		-
326	565		g. has failed to meet or maintain the conditions and
327	566		requirements necessary to qualify for the is suance of
328	567		a license, or
329		-
330	568		h. completes any sale or transaction of an extended
331	569		service contract, exten ded maintenance plan, or
332	570		similar product using contract forms that do not
333	571		conspicuously disclose the identity of the servi ce
334	572		contract provider;
335	573
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336	600		6. Being a new motor vehicle salesperson who is not employed as
337	601		such by a licensed new motor vehicle dealer;
338		-
339	602		7. Being a new motor vehicle dealer who:
340		-
341	603		a. does not have an established place of business,
342		-
343	604		b. does not provide for a suita ble repair shop separate
344	605		from the display room with ample space to repair or
345	606		recondition one or more vehicles at the same time, and
346	607		which is equipped with such parts, tools and equipment
347	608		as may be requisite for the servicing of motor
348	609		vehicles in such a man ner as to make them comply with
349	610		the safety laws of this state and to properly fulfill
350	611		the dealer's or manufacturer's warranty obligation,
351		-
352	612		c. does not hold a franchise in effect with a
353	613		manufacturer or distributor of new or unused motor
354	614		vehicles for the sale of the same and is not
355	615		authorized by the manufacturer or distributor to
356	616		render predelivery preparation of such vehicles sold
357		-	to purchasers and to perform any authorized post -sale ~~ENR. H. B. NO. 3002 Page 9~~
	617	+	to purchasers and to perform any authorized post -sale
358	618		work pursuant to the manufacturer's or distributor's
359	619		warranty,
360		-
361	620		d. employs a person without obtaining a certific ate of
362	621		registration for the person, or utilizes the services
363	622		of used motor vehicle lots or dealers or other
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364	650		unlicensed persons in connection with the sale of new
365	651		motor vehicles,
366		-
367	652		e. does not properly service a new motor ve hicle before
368	653		delivery of same to th e original purchaser thereof, or
369		-
370	654		f. fails to order and stock a reasonable number of new
371	655		motor vehicles necessary to meet customer demand for
372	656		each of the new motor vehicles included in the new
373	657		motor vehicle dealer 's franchise agreement, unless the
374	658		new motor vehicles are not readily available from the
375	659		manufacturer or distributor due to limited production;
376		-
377	660		8. Being a factory that has:
378		-
379	661		a. either induced or attempted to induce by means of
380	662		coercion or intimidation, any new moto r vehicle
381	663		dealer:
382		-
383	664		(1) to accept delivery of any motor vehicle or
384	665		vehicles, parts or accessories therefor, or any
385	666		other commodities inc luding advertising material
386	667		which shall not have been ordered by the new
387	668		motor vehicle dealer,
388		-
389	669		(2) to order or accept deli very of any motor vehicle
390	670		with special features, appliances, accessories or
391	671		equipment not included in the list price of the
392	672		motor vehicles as publicly advertised by the
393	673		manufacturer thereof, or
394	674
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395	701		(3) to order or accept delivery of any parts,
396	702		accessories, equipment, machinery, tools,
397	703		appliances or any commodity whatsoever, or
398		-
399	704		b. induced under threat or discrimination by the
400	705		withholding from delivery to a motor vehicle dealer
401	706		certain models of motor vehicles, changing or a mending
402		-	unilaterally the dealer's allotment of motor vehicles ~~ENR. H. B. NO. 3002 Page 10~~
	707	+	unilaterally the dealer 's allotment of motor vehicles
403	708		and/or withholding and delaying delivery of such
404	709		vehicles out of the ordinary course of business, in
405	710		order to induce by such coercion any such dealer to
406	711		participate or contribute to any local or national
407	712		advertising fund controlled d irectly or indirectly by
408	713		the factory or for any other purposes such as contest,
409	714		"give-aways" or other so-called sales promotional
410	715		devices and/or change of quotas in any sales contest;
411	716		or has required motor vehicle dealers, as a condition
412	717		to receiving their vehicle allotment, to order a
413	718		certain percentage of the vehicles with optional
414	719		equipment not specified by the new motor vehicle
415	720		dealer; however, nothing in this section shall
416	721		prohibit a factory from supporting an advertising
417	722		association which is open to a ll dealers on the same
418	723		basis;
419		-
420	724		9. Being a factory that:
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421	751
422	752		a. has attempted to coerce or has coerced any new motor
423	753		vehicle dealer to ente r into any agreement or to
424	754		cancel any agreement, or fails to act in good faith
425	755		and in a fair, equitable and nondiscriminat ory manner;
426	756		or has directly or indi rectly coerced, intimidated,
427	757		threatened or restrained any motor vehicle dealer; or
428	758		has acted dishonestly, or has failed to act in
429	759		accordance with the reasonable standards of fair
430	760		dealing,
431		-
432	761		b. has failed to compensate its d ealers for the work and
433	762		services they are required to perform in connection
434	763		with the dealer's delivery and preparation obligations
435	764		according to the agreements on file with the
436	765		Commission which must be found by the Commission to be
437	766		reasonable, or fail to ad equately and fairly
438	767		compensate its dealers for labor, parts and other
439	768		expenses incurred by such dealer to perform und er and
440	769		comply with manufacturer's warranty agreements .
441	770		Adequate and fair compensation for parts shall be
442	771		established by the dealer submitt ing to the
443	772		manufacturer or distribu tor one hundred sequential
444	773		nonwarranty customer-paid service repair orders which
445	774		contain warranty-like parts, or ninety (90)
446	775		consecutive days of nonwarranty customer -paid service
447		-	repair orders which contain warranty-like parts, ENR. H. B. NO. 3002 Page 11
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	803	+	repair orders which contain warranty -like parts,
448	804		whichever is less, covering repairs made no more than
449	805		one hundred eighty (180) days before the submission
450	806		and declaring the ave rage percentage markup. Adequate
451	807		and fair compensation for labor shall be established
452	808		by the dealer submitting to the man ufacturer or
453	809		distributor one hundre d sequential customer-paid
454	810		service repair orders which contain labor charges, or
455	811		ninety (90) consecutive days of customer-paid service
456	812		repair orders which contain labor charges, whichever
457	813		is less. When submitting repair orders to calculate a
458	814		labor rate, a dealer need not include repair orders
459	815		for routine maintenance. A manufacturer or
460	816		distributor may, not later than thirty (30) days after
461	817		submission, rebut that declared rate in writing by
462	818		reasonably substantiating that t he rate is inaccurate
463	819		or unreasonable in light of the practices of all other
464	820		franchised motor vehicle dealers in an economically
465	821		similar part of the state offering the same line -make
466	822		vehicles. The retail rate shall go into effect thirty
467	823		(30) days following the approval by the manufacturer,
468	824		subject to audit of the submitted repair orders by the
469	825		franchisor and a rebuttal of the declared r ate as
470	826		described above. If the declared rate is rebutted,
	827	+
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471	854		the manufacturer or distributor shall propose an
472	855		adjustment in writing of the average percentage m arkup
473	856		based on that rebuttal not later than thirty (30) days
474	857		after submission. If the dealer does not agree with
475	858		the proposed average percentage markup, the dealer may
476	859		file a protest with the Commission not later than
477	860		thirty (30) days after receipt of tha t proposal by the
478	861		manufacturer or distributor. In the event a protest
479	862		is filed, the manufacturer o r distributor shall have
480	863		the burden of proof to establi sh the new motor vehicle
481	864		dealer's submitted rate was inaccurate or unreasonable
482	865		in light of the practi ces of all other franchised
483	866		motor vehicle dealers in an economically similar part
484	867		of the state. A manufacturer or distributor may not
485	868		retaliate against any new motor vehicle dealer seeking
486	869		to exercise its rights under th is provision. A
487	870		manufacturer or distributor may require a dealer to
488	871		submit repair orders in accordance with this section
489	872		in order to validate a dealer's retail rate for parts
490	873		or labor not more often than once every twelve (12)
491	874		months. All claims made by dealers for compensation
492		-	for delivery, preparation and ~~warra nty~~ work shall be ~~ENR. H. B. NO. 3002 Page 12~~
	875	+	for delivery, preparation and warranty work shall be
493	876		paid within thirty (30) days after approval and shall
494	877		be approved or disapproved within thirty (30) days
	878	+
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495	905		after receipt. When any claim is disapproved, the
496	906		dealer shall be notifi ed in writing of the groun ds for
497	907		disapproval. The dealer's delivery, preparation and
498	908		warranty obligations as filed with the Commiss ion
499	909		shall constitute the dealer's sole responsibility for
500	910		product liability as between the dealer and
501	911		manufacturer. A factory may reasonably and
502	912		periodically audit a new motor vehicle dealer to
503	913		determine the validity of paid claims for dealer
504	914		compensation or any charge-backs for warranty parts or
505	915		service compensation . Except in cases of suspected
506	916		fraud, audits of warranty pay ments shall only be for
507	917		the one-year period immediately following the date of
508	918		the payment. A manufacturer shall reserve the right
509	919		to reasonable, periodic audits to determine the
510	920		validity of paid claims for dealer compensation or any
511	921		charge-backs for consumer or dealer incentives .
512	922		Except in cases of suspected fraud, audits of
513	923		incentive payments shall only be for a one -year period
514	924		immediately following the date of the payment . A
515	925		factory shall not deny a claim or charge a new motor
516	926		vehicle dealer back subse quent to the payment of the
517	927		claim unless the factory can show that the claim was
518	928		false or fraudulent or that the new motor vehicle
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519	956		dealer failed to reasonably substantiate the claim by
520	957		the written reasonable procedures of the factory . The
521	958		factory shall provide written notice to a dealer of a
522	959		proposed charge-back that is the result of an audit
523	960		along with the specific audit results and pr oposed
524	961		charge-back amount. A dealer that receives notice of
525	962		a proposed charge-back pursuant to a factory 's audit
526	963		has the right to file a protest with the Co mmission
527	964		within thirty (30) days after receipt of the notice of
528	965		the charge-back or audit results, w hichever is later.
529	966		The factory is prohibited from implementing the
530	967		charge-back or debiting the dealer 's account until
531	968		either the time frame for filing a pro test has passed
532	969		or a final adjudication is rendered by the Commission,
533	970		whichever is later, unless t he dealer has agreed to
534	971		the charge-back or charge-backs,
535		-
536	972		c. unreasonably fails or refuses to offer to its same
537		-	line-make franchised dealers all models manufa ctured ~~ENR. H. B. NO. 3002 Page 13~~
	973	+	line-make franchised dealers all models manufa ctured
538	974		for that line-make, or unreasonably requires a dealer
539	975		to pay any extra fee, purchase unreaso nable
540	976		advertising displays or other materials, or remodel,
541	977		renovate, or recondition the dealer 's existing
542	978		facilities as a prerequisite to receiving a model o r
543	979		series of vehicles. The failure to deliver any such
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544	1007		new motor vehicle shall not be considered a violation
545	1008		of the section if the failure is not arbitrary or is
546	1009		due to lack of manufacturing capacity or to a strike
547	1010		or labor difficulty, a shortage of materi als, a
548	1011		freight embargo or other cause over which the
549	1012		manufacturer has no control . However, this
550	1013		subparagraph shall not apply to recreational vehicles
551	1014		or limited production model vehicles,
552		-
553	1015		d. except as necessary to comply with a health or safety
554	1016		law, or to comply with a technology requirement which
555	1017		is necessary to sell or service a motor vehicle that
556	1018		the franchised motor vehicle dealer is authorized or
557	1019		licensed by the franchisor to sell or service,
558	1020		requires a new motor veh icle dealer to construct a new
559	1021		facility or substantially renovate the new motor
560	1022		vehicle dealer's existing facility unless the facility
561	1023		construction or renovation is justified by the
562	1024		economic conditions existing at the time, as well as
563	1025		the reasonably forese eable projections, in the
564	1026		automotive industry. However, this subparagraph shall
565	1027		not apply if the factory provides money, credit,
566	1028		allowance, reimbursement, or additional vehicle
567	1029		allocation to a dealer to compensate the dealer for
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568	1057		the cost of, or a portion of the cost of, the facility
569	1058		construction or renovation,
570		-
571	1059		e. requires a new motor vehicle dealer to establish an
572	1060		exclusive facility, un less supported by reasonable
573	1061		business, market and economic considerations;
574	1062		provided, that this provision shall not restric t the
575	1063		terms of any agreement for su ch exclusive facility
576	1064		voluntarily entered into and supported by valuable
577	1065		consideration separate fro m the new motor vehicle
578	1066		dealer's right to sell and service motor vehicles for
579	1067		the franchisor,
580		-
581	1068		f. requires a new motor vehi cle dealer to enter into a
582		-	site-control agreement ~~coveri ng~~ any or all of the new ~~ENR. H. B. NO. 3002 Page 14~~
	1069	+	site-control agreement covering any or all of the new
583	1070		motor vehicle dealer's facilities or premises;
584	1071		provided, that this provision shall not restrict the
585	1072		terms of any site-control agreement voluntarily
586	1073		entered into and supported by valuable consideration
587	1074		separate from the new motor vehicle dealer's right to
588	1075		sell and service motor vehicles for the franchisor .
589	1076		Notwithstanding the foregoing or the terms of any
590	1077		site-control agreement, a site -control agreement
591	1078		automatically extinguish es if all of the factory 's
592	1079		franchises that operated from the location that are
593	1080		the subject of the site-control agreement are
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594	1108		terminated by the factory as part of the
595	1109		discontinuance of a product line, or
596		-
597	1110		g. requires a new motor vehicle dealer to purchase go ods
598	1111		or services for the constructio n, renovation, or
599	1112		improvement of the dealer's facility from a vendor
600	1113		chosen by the factory if goods or services available
601	1114		from other sources are of substantially similar
602	1115		quality and design and comply with all applicable
603	1116		laws; provided, however, that such g oods are not
604	1117		subject to the factory's intellectual property or
605	1118		trademark rights and the new motor v ehicle dealer has
606	1119		received the factory 's approval, which approval may
607	1120		not be unreasonably withheld . Nothing in this
608	1121		subparagraph may be construed to allow a new motor
609	1122		vehicle dealer to impair or eliminate a factory's
610	1123		intellectual property, trademark right s or trade dress
611	1124		usage guidelines. Nothing in this section prohibits
612	1125		the enforcement of a voluntary agreement between the
613	1126		factory and the new motor vehicle dealer where
614	1127		separate and valuable consideration has been offered
615	1128		and accepted;
616		-
617	1129		10. Being a factory that establishes a system of motor vehicle
618	1130		allocation or distribution which is unfair, inequitable or
619	1131		unreasonably discriminatory. Upon the request of any dealer
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620	1159		franchised by it, a factory shall disclose in writing to the dealer
621	1160		the basis upon which ne w motor vehicles are allocated, scheduled and
622	1161		delivered among the dealers of the same line -make for that factory;
623		-
624	1162		11. Being a factory that sells directly or indirectly new motor
625	1163		vehicles to any retail consumer in the state except through a new
626	1164		motor vehicle dealer holding a franchise for the line -make that
627		-	includes the new motor vehicle . This paragraph does not apply to ~~ENR. H. B. NO. 3002 Page 15~~
	1165	+	includes the new motor vehicle . This paragraph does not apply to
628	1166		factory sales of new motor vehicles to its employees, family members
629	1167		of employees, retirees and family members of retirees, not -for-
630	1168		profit organizations or the federal, state or local governments .
631	1169		The provisions of this paragraph shall not preclude a factory from
632	1170		providing information to a co nsumer for the purpose of marketing or
633	1171		facilitating a sale of a new motor vehicle or from establish ing a
634	1172		program to sell or offer to sell new motor vehicles through
635	1173		participating dealers;
636		-
637	1174		12. a. Being a factory which dire ctly or indirectly:
638		-
639	1175		(1) owns any ownership interest or has any financial
640	1176		interest in a new motor vehicle dealer or any
641	1177		person who sells products or services to the
642	1178		public,
643		-
644	1179		(2) operates or controls a new motor vehicle dealer,
645	1180		or
646		-
647	1181		(3) acts in the capacity of a new motor vehicle
648	1182		dealer.
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649	1209
650	1210		b. (1) This paragraph does not prohibit a factory from
651	1211		owning or controlling a new motor vehicle dealer
652	1212		while in a bona fide relationship with a dealer
653	1213		development candidate who has made a substantial
654	1214		initial investment in the f ranchise and whose
655	1215		initial investment is subject to potential loss.
656	1216		The dealer development candidate can reasonably
657	1217		expect to acquire full ownership of a new motor
658	1218		vehicle dealer within a reasonable period of time
659	1219		not to exceed ten (10) years and on reaso nable
660	1220		terms and conditions . The ten-year acquisition
661	1221		period may be expanded for good cause shown.
662		-
663	1222		(2) This paragraph does not prohibi t a factory from
664	1223		owning, operating, controlling or acting in the
665	1224		capacity of a motor vehicle dealer for a period
666	1225		not to exceed twelve (12) months during the
667	1226		transition from one dealer to another dealer if
668	1227		the dealership is for sale at a reasonable price
669	1228		and on reasonable terms and conditions to an
670	1229		independent qualified buyer . On showing by a
671	1230		factory of good cause, the Oklaho ma Motor Vehicle
672		-	Commission may extend the time limit set forth ~~ENR. H. B. NO. 3002 Page 16~~
	1231	+	Commission may extend the time limit set forth
673	1232		above; extensions may be granted for periods not
674	1233		to exceed twelve (12) months.
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675	1260
676	1261		(3) This paragraph does not prohibit a factory from
677	1262		owning, operating or controlling or acting in the
678	1263		capacity of a motor vehicle dealer which was i n
679	1264		operation prior to January 1, 2000.
680		-
681	1265		(4) This paragraph does not prohibit a factory from
682	1266		owning, directly or indirectly, a minority
683	1267		interest in an entity that owns, operates or
684	1268		controls motor vehicle dealerships of the s ame
685	1269		line-make franchised by the man ufacturer,
686	1270		provided that each of the following conditions
687	1271		are met:
688		-
689	1272		(a) all of the motor vehicle dea lerships selling
690	1273		the motor vehicles of that manufacturer in
691	1274		this state trade exclusively in the line -
692	1275		make of that manufact urer,
693		-
694	1276		(b) all of the franchise agre ements of the
695	1277		manufacturer confer rights on the dealer of
696	1278		the line-make to develop and operate, wit hin
697	1279		a defined geographic territory or area, as
698	1280		many dealership facilities as the dealer and
699	1281		manufacturer shall agree are a ppropriate,
700		-
701	1282		(c) at the time the manufacturer first acquires
702	1283		an ownership interest or assumes operation,
703	1284		the distance between any deale rship thus
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704	1312		owned or operated and the nearest
705	1313		unaffiliated motor vehicle dealership
706	1314		trading in the same line -make is not less
707	1315		than seventy (70) miles,
708		-
709	1316		(d) during any period in which the manufacturer
710	1317		has such an ownership interest, the
711	1318		manufacturer has no mo re than three
712	1319		franchise agreements with new motor vehicle
713	1320		dealers licensed by the Oklahoma Motor
714	1321		Vehicle Commission to do business within the
715	1322		state, and
716		-	ENR. H. B. NO. 3002 Page 17
717	1323		(e) prior to January 1, 2000, the factory shall
718	1324		have furnished or made available to
719	1325		prospective motor vehicle dealers an
720	1326		offering-circular in accordance with the
721	1327		Trade Regulation Rule on Franchising of the
722	1328		Federal Trade Commission, and any guidelines
723	1329		and exemptions issued thereunder, which
724	1330		disclose the possibility that the factory
725	1331		may from time to time seek to own or
726	1332		acquire, directly or indirectly, ownership
727	1333		interests in retail dealerships;
728		-
729	1334		13. Being a factory which directly or indirectly makes
730	1335		available for public disclosure any proprietary information provided
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731	1363		to the factory by a new motor vehicle dealer , other than in
732	1364		composite form to dealers in the same line -make or in response to a
733	1365		subpoena or order of the Commission or a court. Proprietary
734	1366		information includes, but is not limited to, information:
735		-
736	1367		a. derived from monthly financial statements provided to
737	1368		the factory, and
738		-
739	1369		b. regarding any aspect of the profitability of a
740	1370		particular new motor vehicle dealer;
741		-
742	1371		14. Being a factory which does not provide or direct leads in a
743	1372		fair, equitable and timely manner. Nothing in this paragraph shall
744	1373		be construed to require a factory to disregard the preference of a
745	1374		consumer in providing or directing a lead;
746		-
747	1375		15. Being a factory which used the customer list of a new motor
748	1376		vehicle dealer for the purpose of unfairly competing with dealers;
749		-
750	1377		16. Being a factory which pr ohibits a new motor vehicle dealer
751	1378		from relocating after a written request by such new motor vehicle
752	1379		dealer if:
753		-
754	1380		a. the facility and the proposed new loc ation satisfies
755	1381		or meets the written reasonable guidelines of the
756	1382		factory. Reasonable guidelines do not include site
757	1383		control unless agreed to as set forth in subparagraphs
758	1384		e and f of paragraph 9 of this subsection,
759		-	ENR. H. B. NO. 3002 Page 18
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760	1412		b. the proposed new location is within the area of
761	1413		responsibility of the new motor vehicle dealer
762	1414		pursuant to Section 578.1 of this title, and
763		-
764	1415		c. the factory has sixty (60) days from receipt of the
765	1416		new motor vehicle dealer's relocation request to
766	1417		approve or deny the request. The failure to approve
767	1418		or deny the request within the sixty-day time frame
768	1419		shall constitute approval of the request;
769		-
770	1420		17. Being a factory which prohibits a new motor vehicle dealer
771	1421		from adding additional line -makes to its existing facility, if,
772	1422		after adding the additional line-makes, the facility satisfies the
773	1423		written reasonable capitalization standards and facility guidelines
774	1424		of each factory. Reasonable facility guidelines do not include a
775	1425		requirement to maintain site control unless agreed to b y the dealer
776	1426		as set forth in subparagraphs e and f of paragraph 9 of this
777	1427		subsection;
778		-
779	1428		18. Being a factory that increases prices of ne w motor vehicles
780	1429		which the new motor vehicle dealer had ordered for retail consumers
781	1430		and notified the factory prior to the dealer's receipt of the
782	1431		written official price increase notification. A sales contract
783	1432		signed by a retail consumer accompanied with proof of order
784	1433		submission to the factory shall constitute evidence of each such
785	1434		order, provided that the vehicle is in fac t delivered to the
786	1435		customer. Price differences applicable to new models or series
	1436	+
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787	1463		motor vehicles at the time of the introduction of n ew models or
788	1464		series shall not be considered a price increase for purposes of this
789	1465		paragraph. Price changes caused by any of the following shall not
790	1466		be subject to the provisions of this paragraph:
791		-
792	1467		a. the addition to a motor vehicle of required or
793	1468		optional equipment pursuant to state or federal law,
794		-
795	1469		b. revaluation of the United States dollar in the case of
796	1470		foreign-made vehicles or components, or
797		-
798	1471		c. an increase in transportation charges due to increased
799	1472		rates imposed by common or contract carriers;
800		-
801	1473		19. Being a factory that requires a new motor vehicle dealer to
802	1474		participate monetarily in an advertising campaign or contest, or
803	1475		purchase any promotional materials, showroom or other display
804		-	decoration or materials at the expense of the new motor vehicle ~~ENR. H. B. NO. 3002 Page 19~~
	1476	+	decoration or materials at the expense of the new motor vehicle
805	1477		dealer without consent of the dealer, which consent shall not be
806	1478		unreasonably withheld;
807		-
808	1479		20. Being a factory that denies any new mot or vehicle dealer
809	1480		the right of free association with any other new motor vehicle
810	1481		dealer for any lawful purpose, unless otherwise permi tted by this
811	1482		chapter; or
812		-
813	1483		21. Being a factory that requires a new motor vehicle dealer to
814	1484		sell, offer to sell or sell excl usively an extended service
815	1485		contract, extended maintenance plan or similar product, such as gap
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816	1513		products offered, endorsed or sponsore d by the factory by the
817	1514		following means:
818		-
819	1515		a. by an act or statement from the factory that will in
820	1516		any manner adversely impa ct the dealer,
821		-
822	1517		b. by measuring the dealer's performance under the
823	1518		franchise based on the sale of extended service
824	1519		contracts, extended maintenance plans or similar
825	1520		products offered, endorsed or sponsored by the
826	1521		manufacturer or distributor.
827		-
828	1522		B. Notwithstanding the terms of any franchise agreement, in the
829	1523		event of a proposed sale or transfer of a dealership, the
830	1524		manufacturer or distributor shall be permitted to exercise a right
831	1525		of first refusal to acquire the assets or ownership interest of the
832	1526		dealer of the new vehicle dealership, if such sale or transfer is
833	1527		conditioned upon the manufacturer or dealer entering into a dealer
834	1528		agreement with the proposed new owner or transferee, only if all the
835	1529		following requirements are met:
836		-
837	1530		1. To exercise its right of first re fusal, the factory must
838	1531		notify the dealer in writing within sixty (60) days of receipt of
839	1532		the completed proposal for the proposed sale transfer;
840		-
841	1533		2. The exercise of the right of first refusal will result in
842	1534		the dealer and the owner of the dealership receiv ing the same or
843	1535		greater consideration as they have contracted to receive in
844	1536		connection with the proposed change of ownership or transf er;
845	1537
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846	1564		3. The proposed sale or transfer of the assets of the
847	1565		dealership does not involve the transfer or sale to a member or
848		-	members of the family of one or mo re dealer owners, or to a ~~ENR. H. B. NO. 3002 Page 20~~
	1566	+	members of the family of one or mo re dealer owners, or to a
849	1567		qualified manager or a partnership or corporation controlled by such
850	1568		persons; and
851		-
852	1569		4. The factory agrees to pay the reasonable expenses, including
853	1570		attorney fees which do not exceed the usual, cus tomary and
854	1571		reasonable fees charged for similar work done for other clients
855	1572		incurred by the proposed new owner and transferee prior to the
856	1573		exercise by the factory of its right of first refusal in negotiating
857	1574		and implementing the contract for the proposed sa le or transfer of
858	1575		the dealership or dealership assets. Notwithstanding the foregoing,
859	1576		no payment of expenses and attorney fees shall be required if the
860	1577		proposed new dealer or transferee has not submitted or caused to be
861	1578		submitted an accounting of those ex penses within thirty (30) days of
862	1579		receipt of the written request of the factory for such an
863	1580		accounting. The accounting may be request ed by a factory before
864	1581		exercising its right of first refusal.
865		-
866	1582		C. Nothing in this section shall prohibit, limit, restrict or
867	1583		impose conditions on:
868		-
869	1584		1. Business activities, including without limitation the
870	1585		dealings with motor vehicle manufacturers and the r epresentatives
871	1586		and affiliates of motor vehicle manufacturers, of any person that is
872	1587		primarily engaged in the business of s hort-term, not to exceed
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873	1615		twelve (12) months, rental of motor vehicles and industrial and
874	1616		construction equipment and activities inciden tal to that business,
875	1617		provided that:
876		-
877	1618		a. any motor vehicle sold by that person is limited to
878	1619		used motor vehicles that have been previously used
879	1620		exclusively and regularly by that person in the
880	1621		conduct of business and used motor vehicles traded in
881	1622		on motor vehicles sold by that person,
882		-
883	1623		b. warranty repairs performed by that person on motor
884	1624		vehicles are limited to those motor vehi cles that it
885	1625		owns, previously owned or takes in trade, and
886		-
887	1626		c. motor vehicle financing provided by that person to
888	1627		retail consumers for motor vehicles is limited to used
889	1628		vehicles sold by that person in the conduct of
890	1629		business; or
891		-
892	1630		2. The direct or indirect o wnership, affiliation or control of
893		-	a person described in paragraph 1 of this subsection. ENR. H. B. NO. 3002 Page 21
894		-
	1631	+	a person described in paragraph 1 of this subsection.
895	1632		D. As used in this section:
896		-
897	1633		1. "Substantially relates" means the nature of criminal conduct
898	1634		for which the person was convicted has a direct bearing on the
899	1635		fitness or ability to perform one or more of the duties or
900	1636		responsibilities necessarily related to the occupation; and
901		-
902	1637		2. "Poses a reasonable threat" means the nature of criminal
903	1638		conduct for which the person was convicted involved an act or threat
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904	1666		of harm against another and has a bearing on the fitness or ability
905	1667		to serve the public or work with others in the occupation.
906		-
907	1668		SECTION 4. AMENDATORY 47 O.S. 2021, Section 584, is
908	1669		amended to read as follows:
909		-
910	1670		Section 584. A. The Oklahoma Used Mot or Vehicle and Parts
911	1671		Commission may deny an application for a license, impose a fine not
912	1672		to exceed One Thousand Dollars ($1,000.00) pe r occurrence and/or
913	1673		revoke or suspend a license after it has been granted, when a ny
914	1674		provision of Sections 581 through 588 of this title is violated or
915	1675		for any of the following reasons:
916		-
917	1676		1. On satisfactory proof of unfitness of the applicant or the
918	1677		licensee, as the case may be, un der the standards established by
919	1678		Sections 581 through 588 of this title;
920		-
921	1679		2. For fraud practices o r any material misstatement made by an
922	1680		applicant in any application for license under the provisions of
923	1681		Sections 581 through 588 of th is title;
924		-
925	1682		3. For any willful failure to comply with any provision of
926	1683		Section 581 et seq. of this title or with any rule p romulgated by
927	1684		the Commission under aut hority vested in it by Sections 581 through
928	1685		588 of this title;
929		-
930	1686		4. Change of condition after lic ense is granted resultin g in
931	1687		failure to maintain the qualifications for license;
932		-
933	1688		5. Continued or flagrant violation of an y of the rules of the
934	1689		Commission;
935	1690
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936	1717		6. Being a used motor vehicle dealer, a used motor vehicle
937	1718		salesperson, a wholesale used motor vehi cle dealer, or a
938		-	manufactured home dealer, a restricted manufactured home park ~~ENR. H. B. NO. 3002 Page 22~~
	1719	+	manufactured home dealer, a restricted manufactured home park
939	1720		dealer, a manufactured home installer , a manufactured home
940	1721		salesperson or a manufactured home manufacturer who:
941		-
942	1722		a. resorts to or uses any false or misleading advertising
943	1723		in connection with business as a used motor vehicle
944	1724		dealer, wholesale used motor vehicle dealer or a
945	1725		restricted manufactured home park dealer or
946	1726		manufactured home deal er, installer or manufacturer,
947		-
948	1727		b. has committed any unlawful act which resulted in the
949	1728		revocation of any similar license in another state,
950		-
951	1729		c. has been convicted of a felony crime involving moral
952	1730		turpitude that substantially relates to the occupation
953	1731		of a used motor vehicle dealer, a wholesale used motor
954	1732		vehicle dealer, a manufactured home dealer, a
955	1733		restricted manufactured home park dealer, a
956	1734		manufactured home installer or a ma nufactured home
957	1735		manufacturer and poses a rea sonable threat to public
958	1736		safety,
959		-
960	1737		d. has committed a fraudulent act in selling, purchasing
961	1738		or otherwise dealing in motor vehicles or manufactured
962	1739		homes or has misrepresented the terms and conditions
963	1740		of a sale, purchase or contract for sale or purchase
	1741	+
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964	1768		of a motor vehicle or manufactured home or any
965	1769		interest therein including an option to purchase such
966	1770		motor vehicles or manufactured home s,
967		-
968	1771		e. has engaged in business under a past or present
969	1772		license issued pursuant t o Sections 581 through 588 of
970	1773		this title, in such a manner as to cause injury to the
971	1774		public or to those with whom the licensee is dealing,
972		-
973	1775		f. has failed to meet or maintain the conditions and
974	1776		requirements necessary to qualify for the issuance of
975	1777		a license,
976		-
977	1778		g. has failed or refused to furnish and keep in force any
978	1779		bond required under Secti ons 581 through 588 of this
979	1780		title,
980		-
981	1781		h. has installed or attempted to install a manufactured
982	1782		home in an unworkmanlike manner, or
983		-	ENR. H. B. NO. 3002 Page 23
984	1783		i. employs a person in connection with the sa le of
985	1784		manufactured homes without first obtaini ng a
986	1785		certificate of registration for t he person;
987		-
988	1786		7. Being a used motor vehicle dealer who:
989		-
990	1787		a. does not have an established place o f business,
991		-
992	1788		b. employs a person in connection with the sale of used
993	1789		vehicles without first obtaining a certificate of
994	1790		registration for the person ,
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995	1817
996	1818		c. fails or refuses to furnish or keep in force single
997	1819		limit liability insurance on any vehicle offered for
998	1820		sale and otherwise required under the financial
999	1821		responsibility laws of this stat e, or
1000		-
1001	1822		d. is not operating from the address sho wn on the license
1002	1823		if this change has n ot been reported to the
1003	1824		Commission; or
1004		-
1005	1825		8. Being a manufactured home dealer or a restricted
1006	1826		manufactured home park dealer who:
1007		-
1008	1827		a. does not have an established place of busi ness,
1009		-
1010	1828		b. fails or refuses to furnish or keep i n force garage
1011	1829		liability and completed operations insurance, or
1012		-
1013	1830		c. is not operating from the address shown on the license
1014	1831		if this change has not been reported to the
1015	1832		Commission.
1016		-
1017	1833		B. 1. The Commission shall den y an application for a license,
1018	1834		or revoke or suspend a license after it has been gra nted, if a
1019	1835		manufactured home dealer does not meet the following guidelines and
1020	1836		restrictions:
1021		-
1022	1837		a. a display area for manufactured homes which is easily
1023	1838		accessible, with suffi cient parking for the public,
1024		-
1025	1839		b. an office for conducting business where the books,
1026	1840		records, and files are kept, with access to a restroom
1027	1841		for the public,
1028		-	ENR. H. B. NO. 3002 Page 24
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1029	1869		c. a place of business which meets all zoning, occupancy
1030	1870		and other requirements of the appropriate lo cal
1031	1871		government and regular occupancy by a pers on, firm, or
1032	1872		corporation engaged in th e business of selling
1033	1873		manufactured homes, and
1034		-
1035	1874		d. a place of business which is separate and apart from
1036	1875		any other dealer's location.
1037		-
1038	1876		2. The Commission shall deny an applicat ion for a restricted
1039	1877		manufactured home park de aler license, or revoke or suspend a
1040	1878		license after it has been granted, if a manufactured home park
1041	1879		dealer does not satisfy the fol lowing guidelines and restrictions:
1042		-
1043	1880		a. only mobile or manufactured homes that a re "ready for
1044	1881		occupancy" are sold or offered f or sale,
1045		-
1046	1882		b. maintains an office for co nducting business where the
1047	1883		books, records, and files are kept, with access to a
1048	1884		restroom for the public,
1049		-
1050	1885		c. maintains a place of business which meets all zoning,
1051	1886		occupancy and other requirements of the appropriate
1052	1887		local government and regular occupancy by a person,
1053	1888		firm or corporation engaged in the business of selling
1054	1889		manufactured homes inside a park, and
1055		-
1056	1890		d. maintains a place of business which is separate and
1057	1891		apart from any other dealer's location.
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1058	1918
1059	1919		C. The Commission shall deny an application for a licens e, or
1060	1920		revoke or suspend a license after it has been granted, if a
1061	1921		manufactured home installer :
1062		-
1063	1922		1. Installs or attempts to install a manufactured home in a
1064	1923		manner that is not in compliance with installation standards a s set
1065	1924		by the Commission pursuant to ru le; or
1066		-
1067	1925		2. Violates or fails to comply with any applicable rule as
1068	1926		promulgated by the Commiss ion concerning manufactured home
1069	1927		installers.
1070		-
1071	1928		D. The Commission shall deny an a pplication for a license, or
1072	1929		revoke or suspend a license after it has been granted, if a
1073		-	manufactured home manufacturer violates or fails to comply with any ~~ENR. H. B. NO. 3002 Page 25~~
	1930	+	manufactured home manufacturer violates or fails to comply with any
1074	1931		applicable rule as p romulgated by the Commission concerning
1075	1932		manufactured home manufacturers.
1076		-
1077	1933		E. The Commission shall deny an application for a l icense by a
1078	1934		motor vehicle manufacturer or factory if the application is for the
1079	1935		purpose of selling used motor vehicles to any retai l consumer in the
1080	1936		state, other than through its retail franchised dealers, or a cting
1081	1937		as a broker between a seller and a retai l buyer. This subsection
1082	1938		does not prohibit a manufacturer from selling used motor vehicles
1083	1939		where the retail customer is a nonprofi t organization or a federal,
1084	1940		state, or local government or agency . This subsection does not
1085	1941		prohibit a manufacturer from pro viding information to a consumer for
1086	1942		the purpose of marketing or facilitating the sale of used motor
	1943	+
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	1945	+	(Bold face denotes Committee Amendments) 1
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1087	1970		vehicles or from establishing a program to sell or offer to sell
1088	1971		used motor vehicles through the manufacturer 's retail franchised
1089	1972		dealers as provided for i n Sections 561 through 580.2 of this t itle.
1090	1973		This subsection shall not prevent a factory from obtaining a
1091	1974		wholesale used motor vehi cle dealer's license or the factory 's
1092	1975		financing subsidiary from obtaining a who lesale used motor vehicle
1093	1976		dealer's license.
1094		-
1095	1977		F. If the Commission denies issuance of a license the
1096	1978		Commission shall provide the grounds for the action to the applicant
1097	1979		in writing and allow the applicant sixty (60) days to resolve any
1098	1980		issues that are the gr ounds for the action.
1099		-
1100	1981		G. Each of the aforemen tioned grounds for suspension,
1101	1982		revocation, or denial of issuance or renewal of license shall also
1102	1983		constitute a violation of Section s 581 through 588 of this title,
1103	1984		unless the person involved has been tried and acquitted of the
1104	1985		offense constituting such gro unds.
1105		-
1106	1986		The suspension, revocation or re fusal to issue or renew a
1107	1987		license or the imposition of any other penalty by the Commission
1108	1988		shall be in addition to any penalty which might be imposed upon any
1109	1989		licensee upon a conviction at law for any violation of Sect ions 581
1110	1990		through 588 of this title.
1111		-
1112	1991		H. As used in this section:
1113		-
1114	1992		1. "Substantially relates" means the nature of criminal conduct
1115	1993		for which the person was convicted has a direct bearing on the
	1994	+
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	1996	+	(Bold face denotes Committee Amendments) 1
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1116	2021		fitness or ability to perform one or more of the duties or
1117	2022		responsibilities necessarily related to th e occupation; and
1118		-	ENR. H. B. NO. 3002 Page 26
1119	2023		2. "Poses a reasonable threat" means the nature of criminal
1120	2024		conduct for which the person was convicted involved an act or threat
1121	2025		of harm against another an d has a bearing on the fitness or ability
1122	2026		to serve the public or work with others in the occupation.
1123		-
1124	2027		SECTION 5. AMENDATORY 63 O.S. 20 2 1, Section 1-1454, is
1125	2028		amended to read as follows:
1126		-
1127	2029		Section 1-1454. A. On and after May 1, 2 002, except for a
1128	2030		physician, any person intendin g to perform medical micropigmentatio n
1129	2031		in this state shall first be certified by the State Department of
1130	2032		Health.
1131		-
1132	2033		B. The State Commissioner of Health shall not issue a
1133	2034		certificate or renew a certificate to pe rform medical
1134	2035		micropigmentation to a person who has:
1135		-
1136	2036		1. Been convicted of or pled gu ilty or nolo contendere to a
1137	2037		felony or a misdemeanor involving moral turpitude in any federal,
1138	2038		state, territory, or District of Columbia court crime that
1139	2039		substantially relates to the practice of medical micropigmentatio n
1140	2040		and poses a reasonable threat to pu blic safety;
1141		-
1142	2041		2. Been determined to have engaged in unprofessional conduct as
1143	2042		defined by the rules promulgated by the State Board of Health;
1144		-
1145	2043		3. Made a materially false or fraudulent statement in an
1146	2044		application or other document relating to certification p ursuant to
	2045	+
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1147	2072		the provisions of the Oklahoma Medical Micropigmentation Regulation
1148	2073		Act; or
1149		-
1150	2074		4. Had a health-related license, certificate, or permit
1151	2075		suspended, revoked or not r enewed or had any other disciplinary
1152	2076		action taken, or had an application for a health -related license,
1153	2077		certificate, or permit refused by a federal, state, territory, or
1154	2078		District of Columbia regulatory authority for intentionally
1155	2079		falsifying information.
1156		-
1157	2080		C. In order to qualify for certification, an appli cant shall:
1158		-
1159	2081		1. Have received a high school diploma or its equivalent;
1160		-
1161	2082		2. Be at least twenty-one (21) years of age; and
1162		-	ENR. H. B. NO. 3002 Page 27
1163	2083		3. Have submitted a completed application to the Department in
1164	2084		such form as required b y the Department which shall include a
1165	2085		notarized copy of:
1166		-
1167	2086		a. the certificate of birth of the applicant,
1168		-
1169	2087		b. the applicant's driver license or other similar form
1170	2088		of identification,
1171		-
1172	2089		c. other professional credentials, if applicable, and
1173		-
1174	2090		d. proof, in such form as the Department determines
1175	2091		appropriate, of the satisfactory completion of a
1176	2092		program of training and testing approved by the
1177	2093		Department as specified in Section 6 1-1455 of this
1178	2094		act title.
1179	2095
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1180	2122		D. Upon meeting the requirements of the Oklahoma Medical
1181	2123		Micropigmentation Regulation Act and rules promulgated pu rsuant
1182	2124		thereto, the State Commissione r of Health shall issue a certificate
1183	2125		to perform medical micropigmentation to the applicant.
1184		-
1185	2126		E. As used in this section:
1186		-
1187	2127		1. "Substantially relates " means the nature of c riminal conduct
1188	2128		for which the person was convict ed has a direct bearing on the
1189	2129		fitness or ability to perform one or more of the duties or
1190	2130		responsibilities necessarily related to t he occupation; and
1191		-
1192	2131		2. "Poses a reasonable threat " means the nature of crimin al
1193	2132		conduct for which the person was convicted in volved an act or threat
1194	2133		of harm against another and has a bearing on the fitness or ability
1195	2134		to serve the public or work with others in the occupation.
1196		-
1197	2135		SECTION 6. This act shall become effecti ve November 1, 2022.
1198		-	ENR. H. B. NO. 3002 Page 28
1199		-	Passed the House of Representatives the 22nd day of March, 2022.
1200		-
1201		-
1202		-
1203		-
1204		-	Presiding Officer of the House
1205		-	of Representatives
1206		-
1207		-
1208		-	Passed the Senate the 27th day of April, 2022.
1209		-
1210		-
1211		-
1212		-
1213		-	Presiding Officer of the Senate
1214		-
1215		-
1216		-
1217		-
1218		-	OFFICE OF THE GOVERNOR
1219		-	Received by the Office of the Governor this ____________________
1220		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1221		-	By: _________________________________
1222		-	Approved by the Governor of the State of Oklahoma this _____ ____
1223		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1224		-
1225		-
1226		-	_________________________________
1227		-	Governor of the State of Oklahoma
1228		-
1229		-	OFFICE OF THE SECRETARY OF STATE
1230		-	Received by the Office of the Secretary of State this __________
1231		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1232		-	By: _________________________________
	2136	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
	2137	+	April 7, 2022 - DO PASS