OK
Oklahoma House Bill HB3271

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3271 Compare Versions

OldNewDifferences
1-An Act
2-ENROLLED HOUSE
1+
2+
3+SENATE FLOOR VERSION - HB3271 SFLR Page 1
4+(Bold face denotes Committee Amendments) 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
28+
29+SENATE FLOOR VERSION
30+March 31, 2022
31+
32+
33+ENGROSSED HOUSE
334 BILL NO. 3271 By: Mize of the House
435
536 and
637
738 Leewright of the Senate
8-
9-
1039
1140
1241
1342
1443 An Act relating to motor vehicles; amending 47 O.S.
1544 2021, Sections 581, 582, 583, 583.1, 584, 587, 591.2,
1645 591.4, 591.6, 591.8, 591.9, 591.11, 591.13, 591.14,
1746 592.2, 592.3, 592.9, 592.10, 1102, 1107, 1128, and
1847 1137.1, which relate to definitions, Oklahoma Used
1948 Motor Vehicle and Parts Commission , licenses
2049 required, certificate of registration for used motor
2150 vehicle or manufactured home salesperson, denial,
2251 revocation or suspension of license , petty cash fund,
2352 application for license, register of purchases and
2453 sales, transfer of certificate of title , refusal,
2554 cancellation, suspension or revocation of license ,
2655 salvage pool or salvage disposal sales, violations of
2756 automotive dismantlers and parts recy clers, rule
2857 authority, sale or transfer of ownership of vehicle,
2958 manufacturer's or dealer's license, used dealer
3059 temporary license plat e; modifying name of the
3160 Oklahoma Used Motor Vehicle and Parts Commission;
3261 modifying name of the Oklahoma Used Motor Vehicle and
3362 Parts Commission Fund ; amending 68 O.S. 2021, Section
3463 2101, which relates to definitions; modifying name of
3564 the Oklahoma Used Motor Vehicle and Parts Commission;
3665 amending 74 O.S. 2021, Section 3601.1, which relates
3766 to maximum number of full-time employees; modifying
3867 name of the Oklahoma Used Motor Vehicle and Parts
3968 Commission; modifying maximum number of certain
4069 employees for Commission; amending Rule 2.45 of the
4170 Rules of the Ethics Commission, which relates to
4271 expenditures for travel; modifying name of the
4372 Oklahoma Used Motor Vehicle and Parts Commission; and
4473 providing an effective date .
4574
46- ENR. H. B. NO. 3271 Page 2
47-SUBJECT: Motor vehicles
75+
76+
77+SENATE FLOOR VERSION - HB3271 SFLR Page 2
78+(Bold face denotes Committee Amendments) 1
79+2
80+3
81+4
82+5
83+6
84+7
85+8
86+9
87+10
88+11
89+12
90+13
91+14
92+15
93+16
94+17
95+18
96+19
97+20
98+21
99+22
100+23
101+24
102+
103+
48104
49105 BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
50-
51106 SECTION 1. AMENDATORY 47 O.S. 2021, Section 581, is
52107 amended to read as follows:
53-
54108 Section 581. As used in Section 581 et seq. of this title:
55-
56109 1. "Commission" means the Oklahoma Used Motor Vehicle and
57110 Parts, Dismantler, and Manufactured Housing Commission;
58-
59111 2. "Compensation" means anything of value includi ng money,
60112 merchandise, rebates on purchases, trading stamps or any other thing
61113 of value;
62-
63114 3. "Consignment sale" means the sale of used motor vehicles
64115 belonging to another by a used motor vehicle deal er, whether or not
65116 title is transferred from the consigno r to the used motor vehicle
66117 dealer;
67-
68118 4. "Factory" means a manufacturer, distributor, factory br anch,
69119 distributor branch, factory representative or distributor
70120 representative, which manufactures or di stributes vehicle products;
71-
72121 5. "Manufactured home" means a residential dwelling in one or
73122 more sections built in ac cordance with the National Manufact ured
74123 Housing Construction and Safe ty Standards Act of 1974, 42 U.S.C.,
75124 Section 5401 et seq. and rules pro mulgated pursuant thereto;
76-
77125 6. a. "Manufactured home deale r" means any person who :
78-
79126 (1) works for a commission or with intent to make a
80127 profit or gain of money or other thing of value,
128+
129+SENATE FLOOR VERSION - HB3271 SFLR Page 3
130+(Bold face denotes Committee Amendments) 1
131+2
132+3
133+4
134+5
135+6
136+7
137+8
138+9
139+10
140+11
141+12
142+13
143+14
144+15
145+16
146+17
147+18
148+19
149+20
150+21
151+22
152+23
153+24
154+
81155 sells, offers to sell, or attempts to negotiate a
82156 sale or exchange of int erest in, new or used
83157 manufactured homes,
84-
85158 (2) is engaged wholly or in part in the business of
86159 selling any new and u nused, or used, or both new
87160 and used manufactured homes , or
88-
89161 (3) is engaged wholly or in part in the business of
90162 leasing any new and unused, or used, or both new
91-and used manufactured homes, that are considered ENR. H. B. NO. 3271 Page 3
163+and used manufactured homes, that are considered
92164 personal property, with an option to purchase or
93165 own in any form at any time after beginning of
94166 the lease term.
95-
96167 A valid franchise letter as proof of authorization to sell any
97168 new manufactured home product line or lines shall be attached to the
98169 application for a dealer license to sell manufactured home s.
99170 "Manufactured home dealer " shall include a manufactured home
100171 auction. A manufactured home auction shall mean any person selling
101172 more than five manufactured homes in an auction or liquidation
102173 format. Only licensed manufactured home dealers shall be au thorized
103174 to purchase manufactu red homes at such auctions.
104-
105175 b. "Manufactured home dealer" shall not include any
106176 person who sells or contracts for the sale of a
107177 personally titled manufactured home or h omes which
108178 they have used as their personal residence , or any
179+
180+SENATE FLOOR VERSION - HB3271 SFLR Page 4
181+(Bold face denotes Committee Amendments) 1
182+2
183+3
184+4
185+5
186+6
187+7
188+8
189+9
190+10
191+11
192+12
193+13
194+14
195+15
196+16
197+17
198+18
199+19
200+20
201+21
202+22
203+23
204+24
205+
109206 person acting as an aucti oneer who has been engaged by
110207 a seller to direct, conduct, control, or be
111208 responsible for the sale of such manufactured homes as
112209 a part of an auction or liquidation of a n estate, or
113210 any Oklahoma licensed real estate broker or s ales
114211 associate when buying or selling manufactured homes
115212 which have become real property as a part of a real
116213 estate business. No person shall be considered a
117214 manufactured home dealer as to any manu factured home
118215 purchased or acquired by the person for purp oses other
119216 than resale or lease-purchase in any form ; provided,
120217 that the restriction set forth in this sentence shall
121218 not prevent an otherwi se qualified person from
122219 utilizing a single manufactured h ome as a sales
123220 office.
124-
125221 c. A holder of a lien on a personally titled manufactured
126222 home may sell the repossessed manufactured hom e and
127223 shall not be required to be licensed pursuant to thi s
128224 title. Any person other than a bona fide full-time
129225 employee of the lienholder who participates in the
130226 sale of the repossessed manufactured home shall be
131227 licensed as a manufactured home dealer pursuant to
132228 this title.
133229
230+SENATE FLOOR VERSION - HB3271 SFLR Page 5
231+(Bold face denotes Committee Amendments) 1
232+2
233+3
234+4
235+5
236+6
237+7
238+8
239+9
240+10
241+11
242+12
243+13
244+14
245+15
246+16
247+17
248+18
249+19
250+20
251+21
252+22
253+23
254+24
255+
134256 d. "Manufactured home dealer " shall not include a
135257 restricted manufactured home park dealer;
136- ENR. H. B. NO. 3271 Page 4
137258 7. "Manufactured home salesperson" means any person who has
138259 been engaged by a manufactured home dea ler or restricted
139260 manufactured home park de aler to buy, sell, exchange, negotiate, or
140261 act as an agent for the purc hase, sale, or exchange of an interest
141262 in a manufactured home;
142-
143263 8. "Manufactured home installer " means a person who is engaged
144264 in the business of installing or setting up manufactured h omes
145265 and/or mobile homes as defined herein;
146-
147266 9. "Manufactured home manu facturer" means a person who
148267 manufactures, assembles , sells or distributes new manufactured
149268 homes, whether directly or indirectly, to new manufactured home
150269 retailers or a restricted manufactured home park dealer for resale
151270 or use in this state;
152-
153271 10. "Mobile home" means a residential dwelling fabricated in an
154272 off-site manufacturing facility, designed to be a permanent
155273 residence, but which is s till transportable, that was built prior to
156274 the enacting of the National Manufactured Housing Construction and
157275 Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq.;
158-
159276 11. "Person" means an individual, business, corporation,
160277 partnership, associatio n, limited liability corporation, trust,
161278 firm, or company or legal entity, but does not include any political
162279 subdivision;
163280
281+SENATE FLOOR VERSION - HB3271 SFLR Page 6
282+(Bold face denotes Committee Amendments) 1
283+2
284+3
285+4
286+5
287+6
288+7
289+8
290+9
291+10
292+11
293+12
294+13
295+14
296+15
297+16
298+17
299+18
300+19
301+20
302+21
303+22
304+23
305+24
306+
164307 12. "Ready for occupancy" means a mobile or manufact ured home
165308 which is installed and anchored properly by a manufactured home
166309 installer licensed in this state and has utilities co nnected to
167310 service;
168-
169311 13. "Rebuilder" means a used motor vehicle dealer who is
170312 engaged in the business of rebuilding repairable mo tor vehicles and
171313 who has paid the fee for and been issued a rebuilder certific ate as
172314 provided by Section 591.5 of this title;
173-
174315 14. "Restricted manufactured home park dealer " means any person
175316 operating a mobile or manufactured home park who, for a commissio n
176317 or with intent to make a profit or gain of money or othe r thing of
177318 value, sells, offers to sell, or attempts to negotiate a s ale or
178319 exchange of interest in, new or used manufactured homes, or that is
179320 engaged wholly or in part in the business of selling or leasing
180321 manufactured homes which are personal property w ith an option to
181-purchase or own in any form at any time after the be ginning of the ENR. H. B. NO. 3271 Page 5
322+purchase or own in any form at any time after the be ginning of the
182323 lease term any new and unused, or used, or both new and used
183324 manufactured homes; provided, every mobile or manufac tured home sold
184325 pursuant to a restricted manufactured home park dealer license shall
185326 be located in the licensed mobile or manuf actured home park and
186327 ready for occupancy. Provided further, manufactu red home dealer
187328 license plates shall not be issued to a re stricted manufactured home
188329 park dealer;
189330
331+SENATE FLOOR VERSION - HB3271 SFLR Page 7
332+(Bold face denotes Committee Amendments) 1
333+2
334+3
335+4
336+5
337+6
338+7
339+8
340+9
341+10
342+11
343+12
344+13
345+14
346+15
347+16
348+17
349+18
350+19
351+20
352+21
353+22
354+23
355+24
356+
190357 15. "Retail implement dealer" means a business engaged
191358 primarily in the sale of farm t ractors as defined in Section 1 -118
192359 of this title or implements of husb andry as defined in Section 1-125
193360 of this title or a combi nation thereof;
194-
195361 16. "Sale" or "sell" means the act of sel ling, brokering,
196362 exchanging, exchanging of an interest in, or renting with the option
197363 to purchase or own in any form at any time after the b eginning of
198364 the lease term, a new or used manufactured hom e for commission,
199365 profit, gain of money or other thing of value;
200-
201366 17. "Used motor vehicle" means any motor vehicle, as that ter m
202367 is defined in the Oklahoma Vehicle License and Registration Act, but
203368 not including any all-terrain vehicles, utility vehicles, and
204369 motorcycles used exclusively for off -road use which are sold by a
205370 retail implement dealer, which has been sold, bargained, exchanged,
206371 given away or the title thereto transferred from the person who
207372 first took title from the manufacturer, importer, or d ealer or agent
208373 of the manufacturer or importer, or so used as to have become what
209374 is commonly known as a "secondhand motor vehi cle". In the event of
210375 transfer, on the statement of origin, from the o riginal franchised
211376 dealer to any other dealer or individua l other than a franchised
212377 dealer of the same make of vehic le, the vehicle shall be considered
213378 a used motor vehicle and must be titled in the new owner 's name;
214-
215379 18. "Used motor vehicle auction " means any business other than
216380 salvage pools which regularly eng ages in the sale or trade, or
381+
382+SENATE FLOOR VERSION - HB3271 SFLR Page 8
383+(Bold face denotes Committee Amendments) 1
384+2
385+3
386+4
387+5
388+6
389+7
390+8
391+9
392+10
393+11
394+12
395+13
396+14
397+15
398+16
399+17
400+18
401+19
402+20
403+21
404+22
405+23
406+24
407+
217408 negotiates the sale or trade , of used motor vehicles by auction,
218409 whether by open or closed bid or by sale to or purchase by used
219410 motor vehicle dealers or individuals;
220-
221411 19. a. "Used motor vehicle dealer" means any person who, fo r
222-a commission or with intent to make a profit or gain
223-of money or other thing of value, sells, brokers,
224-exchanges, rents with option to purchase, or offers or
225-attempts to negotiate a sale or exchan ge of an
226-interest in used motor vehicles, or who is engage d ENR. H. B. NO. 3271 Page 6
227-wholly or in part in the business of selling used
228-motor vehicles, whether or not such motor vehicles are
229-owned by the person.
230-
412+a commission or with intent to make a profit or gain of money or
413+other thing of value, sells, brokers, exchanges, rents with option
414+to purchase, or offers or attempts to negotiate a sale or exchan ge
415+of an interest in used motor vehicles, or who is engage d wholly or
416+in part in the business of selling used motor vehicles, whether or
417+not such motor vehicles are owned by the person.
231418 b. "Used motor vehicle dealer " shall not include:
232-
233419 (1) receivers, trustees, administrators, executors,
234420 guardians, or other person s appointed by or
235421 acting pursuant to the judgment or order of any
236422 court,
237-
238423 (2) public officers while performing their official
239424 duties,
240-
241425 (3) employees of persons enumerated in the definition
242426 of "used motor vehicle dealer" when engaged in
243427 the specific performan ce of their duties as such
244428 employees,
245-
246429 (4) mortgagees or secured parties as to sales of
247430 motor vehicles constituting collateral o n a
248431 mortgage or security agreement, if the mortgagees
432+
433+SENATE FLOOR VERSION - HB3271 SFLR Page 9
434+(Bold face denotes Committee Amendments) 1
435+2
436+3
437+4
438+5
439+6
440+7
441+8
442+9
443+10
444+11
445+12
446+13
447+14
448+15
449+16
450+17
451+18
452+19
453+20
454+21
455+22
456+23
457+24
458+
249459 or secured parties shall not realize for their
250460 own account from such sales any monies in excess
251461 of the outstanding balance secured by such
252462 mortgage or security agreement, plus the costs of
253463 collection,
254-
255464 (5) any person acting as an auctioneer who has been
256465 engaged by a seller to direct, conduct, control,
257466 or be responsible for the sal e of used motor
258467 vehicles as part of an estate auction or
259468 liquidation,
260-
261469 (6) any person, firm, corporation, or other legal
262470 entity who sells, or contracts for the sale of,
263471 the vehicles of the person, fi rm, corporation, or
264472 other legal entity when such vehicles are sold in
265473 liquidation, and any person, firm, corporation ,
266474 or other legal entity who serves as an agent in
267475 such sale. The exclusion provided in this
268476 paragraph shall not extend to any person, firm,
269477 corporation, or other legal entity whose business
270-is the purchase, sale, or rental with option to ENR. H. B. NO. 3271 Page 7
478+is the purchase, sale, or rental with option to
271479 purchase, of motor vehicles, or to a location
272480 used for such purposes,
273-
274481 (7) any person acting as an auctioneer who has been
275482 engaged by a seller to direct, cond uct, control,
483+
484+SENATE FLOOR VERSION - HB3271 SFLR Page 10
485+(Bold face denotes Committee Amendments) 1
486+2
487+3
488+4
489+5
490+6
491+7
492+8
493+9
494+10
495+11
496+12
497+13
498+14
499+15
500+16
501+17
502+18
503+19
504+20
505+21
506+22
507+23
508+24
509+
276510 or be responsible for the sale of used motor
277511 vehicles as part of an auction held at a licensed
278512 used motor vehicle dealer location . The
279513 exclusion provided in this division shall not
280514 extend to a person who auctions five or more used
281515 motor vehicles in a nonliquidation sale held at a
282516 licensed used motor vehicle dealer location which
283517 is not regularly used as a vehicle auction, or
284-
285518 (8) any retail implement dealer that sells all -
286519 terrain vehicles, utility vehicles, and
287520 motorcycles used exclusively for off-road use;
288-
289521 20. "Used motor vehicle salesperson" means a person employed by
290522 a licensed used motor vehicle dealer to sell, broker, exchange, or
291523 negotiate a purchase, sale, or rental with option to purchase, used
292524 motor vehicles or an interest in used mot or vehicles. The term
293525 "used motor vehicle salesperson " shall not include any person who:
294-
295526 a. uses the person's own funds for such transactions, or
296-
297527 b. operates independently as a used mo tor vehicle dealer
298528 using a licensed used motor vehicle dealer 's license
299529 number; and
300-
301530 21. "Wholesale used motor vehicle dealer " means any person who,
302531 for a commission or with intent to mak e a profit or gain of money or
303532 other thing of value, sells, brokers, exchanges, rents with option
304533 to purchase, or offers or attempts to nego tiate a sale or exchange
534+
535+SENATE FLOOR VERSION - HB3271 SFLR Page 11
536+(Bold face denotes Committee Amendments) 1
537+2
538+3
539+4
540+5
541+6
542+7
543+8
544+9
545+10
546+11
547+12
548+13
549+14
550+15
551+16
552+17
553+18
554+19
555+20
556+21
557+22
558+23
559+24
560+
305561 of interest in used motor vehicle s exclusively to used motor vehicle
306562 dealers, or who is eng aged in the business of selling used motor
307563 vehicles exclusively to us ed motor vehicle dealers, whether or not
308564 such motor vehicles are owned by the person.
309-
310565 SECTION 2. AMENDATORY 47 O.S. 2021, Section 582, is
311566 amended to read as follows:
312-
313567 Section 582. A. There is hereby created the Oklahoma Used
314-Motor Vehicle and Parts, Dismantler, and Manufactured Housing ENR. H. B. NO. 3271 Page 8
568+Motor Vehicle and Parts, Dismantler, and Manufactured Housing
315569 Commission, to be composed of ten (10) members who shall be selected
316570 as follows:
317-
318571 1. One member shall be appointed from each congressi onal
319572 district and any remaining members, including the chair, shall be
320573 appointed from the sta te at large. However, when congressional
321574 districts are redrawn, each member appointed prior to July 1 of the
322575 year in which such modification becomes effective sha ll complete the
323576 current term of office and appointments made after July 1 of the
324577 year in which such modification becomes effective shall be based on
325578 the redrawn districts. Appointments made af ter July 1 of the year
326579 in which such modification becomes effec tive shall be from any
327580 redrawn districts which are not represented by a board member until
328581 such time as each of the modified congressiona l districts are
329582 represented by a board member; provided, the chair shall be
330583 appointed at large without regard to congre ssional district
331584 representation on the board;
332585
586+SENATE FLOOR VERSION - HB3271 SFLR Page 12
587+(Bold face denotes Committee Amendments) 1
588+2
589+3
590+4
591+5
592+6
593+7
594+8
595+9
596+10
597+11
598+12
599+13
600+14
601+15
602+16
603+17
604+18
605+19
606+20
607+21
608+22
609+23
610+24
611+
333612 2. All members shall be appointed by the Gover nor, by and with
334613 the advice and consent of t he Senate;
335-
336614 3. a. each of the members appointed from a congressional
337615 district shall, at the time of appointment, be a
338616 resident in good faith of the congressional district
339617 from which appointed, and
340-
341618 b. each of the members appointed from the state at large
342619 shall, at the time of appointment and during the
343620 period of service, be residents in good faith of the
344621 state;
345-
346622 4. Each member shall be of good m oral character and, for the
347623 ten-year period immediately preceding appoi ntment, each of the used
348624 motor vehicle dealer representatives shall have been licensed for
349625 and actually engaged in the distribution or sale of used motor
350626 vehicles; each of the dismantle r representatives shall have actually
351627 been licensed for and engaged in the principal business of
352628 dismantling or disassembling motor vehicles for the purpose of
353629 selling the parts thereof; and the manufactured housing
354630 representative shall have been licensed for and actually engaged in
355631 the principal business of selling manufact ured homes; and
356-
357632 5. Eight members plus the c hair shall be engaged in the used
358633 motor vehicle industr y or the automotive dismantler industry. There
359-shall not be fewer than five members e ngaged in the principal ENR. H. B. NO. 3271 Page 9
634+shall not be fewer than five members e ngaged in the principal
360635 business of the sale of used motor vehicles and there shall not be
636+
637+SENATE FLOOR VERSION - HB3271 SFLR Page 13
638+(Bold face denotes Committee Amendments) 1
639+2
640+3
641+4
642+5
643+6
644+7
645+8
646+9
647+10
648+11
649+12
650+13
651+14
652+15
653+16
654+17
655+18
656+19
657+20
658+21
659+22
660+23
661+24
662+
361663 fewer than two members e ngaged in the principal business of
362664 dismantling or disassembling motor vehicles for the purpose of
363665 selling the parts th ereof. One of the at -large members shall be
364666 engaged in the principal business of selling man ufactured homes as a
365667 licensed manufactured h ome dealer. Being engaged in one or more of
366668 such pursuits shall not disqualify a person otherwise qualified from
367669 serving on the Commission.
368-
369670 B. 1. The term of the chair shall be coterminous with that of
370671 the Governor making the appointment, and until a su ccessor is
371672 appointed and is qualified.
372-
373673 2. The terms of office of each member of the Commission shall
374674 be subject to the following:
375-
376675 a. the Commission shall determine and certify the trade
377676 associations of manufactu red home dealers that
378677 represent ten percent (10%) or more of the number of
379678 licensed manufactured ho me dealers in the state and
380679 shall certify each such association to the Governor.
381680 The Governor shall request a minimum of ten names from
382681 each such associatio n and shall select one member from
383682 the manufactured home industry from the names
384683 provided,
385-
386684 b. each member actively serving July 1, 2000, who was
387685 appointed on or before June 30, 2000, sh all remain and
686+
687+SENATE FLOOR VERSION - HB3271 SFLR Page 14
688+(Bold face denotes Committee Amendments) 1
689+2
690+3
691+4
692+5
693+6
694+7
695+8
696+9
697+10
698+11
699+12
700+13
701+14
702+15
703+16
704+17
705+18
706+19
707+20
708+21
709+22
710+23
711+24
712+
388713 fulfill the term of his or her membership as set forth
389714 at the appointment,
390-
391715 c. except for the chair, the term of office of each
392716 member of the Commission sha ll be for six (6) years,
393-
394717 d. except for the chair and the at -large members, the
395718 term of office of any member will automatically expire
396719 if the member moves out of the congressional district
397720 from which appointed; however, if the congressional
398721 districts are modified each member shall complete the
399722 current term of office as provided in this secti on,
400-
401723 e. in event of death, resignation, or removal of any
402724 person serving on the Commission, the vacancy shall be
403725 filled by appointment as aforesaid for the unexpired
404-portion of the term, ENR. H. B. NO. 3271 Page 10
405-
726+portion of the term,
406727 f. except for the chair, when the term of a memb er
407728 automatically expires, the vacancy shall be filled by
408729 appointment of a qualified successor for a term of six
409730 (6) years as aforesaid, e xcept that the member shall
410731 serve until a successor is appointed and qualified.
411-
412732 3. The chair and each member of the Co mmission shall take an d
413733 subscribe to the oath of office required of public officers.
414-
415734 C. The chair and members of the Commission shall re ceive Thirty
416735 Dollars ($30.00) for each and every day ac tually and necessarily
417736 spent in attending the meetings of the Co mmission, and shall be
737+
738+SENATE FLOOR VERSION - HB3271 SFLR Page 15
739+(Bold face denotes Committee Amendments) 1
740+2
741+3
742+4
743+5
744+6
745+7
746+8
747+9
748+10
749+11
750+12
751+13
752+14
753+15
754+16
755+17
756+18
757+19
758+20
759+21
760+22
761+23
762+24
763+
418764 reimbursed for subsistence and traveling expenses incurred in the
419765 performance of their duties hereunder as provide d by the State
420766 Travel Reimbursement Act; provided that such meeting payments shall
421767 not exceed the sum of Six Hundred Do llars ($600.00) per an num to any
422768 one person.
423-
424769 D. 1. a. The Commission shall appoint a qualifie d person to
425770 serve as Executive Director who shall have had
426771 sufficient management and organizational experience in
427772 the automotive industry to direct the functions o f the
428773 Commission.
429-
430774 b. The Executive Director shall be appointed for a term
431775 of six (6) years, and shall not be subject to
432776 dismissal or removal without cause.
433-
434777 c. The Commission shall fix the sala ry and define and
435778 prescribe the duties of the Executive Director .
436-
437779 d. The Executive Director shall be in charge of the
438780 Commission's office, shall devote such time as
439781 necessary to fulfill the duties ther eof, and, before
440782 entering upon these duties, shall take and subscribe
441783 to the oath of office.
442-
443784 2. The Commission may emp loy such clerical, tec hnical, legal
444785 and other help and incur such expenses as may be necessar y for the
445786 proper discharge of its duties und er Section 581 et seq. of this
446787 title.
447- ENR. H. B. NO. 3271 Page 11
788+
789+SENATE FLOOR VERSION - HB3271 SFLR Page 16
790+(Bold face denotes Committee Amendments) 1
791+2
792+3
793+4
794+5
795+6
796+7
797+8
798+9
799+10
800+11
801+12
802+13
803+14
804+15
805+16
806+17
807+18
808+19
809+20
810+21
811+22
812+23
813+24
814+
448815 3. The Commission shall maintain its office and transact its
449816 business in Oklahoma City, and is authori zed to adopt and use a
450817 seal.
451-
452818 E. 1. a. The Commission is hereby vested w ith the powers and
453819 duties necessary and prop er to enable it to fully and
454820 effectively carry out the provisions and objectives of
455821 Section 581 et seq. of this title, and is hereby
456822 authorized and empowered, pursuant to the
457823 Administrative Procedures Act, to mak e and enforce all
458824 reasonable rules and to ad opt and prescribe all forms
459825 necessary to accomplish sai d purpose.
460-
461826 b. The Commission shall promulgate rules for the
462827 licensing of manufactured home installers and the
463828 installation, which is the blocking, anchoring and
464829 leveling of mobile and manufactured home s that meet
465830 the standards of the manufacturer's manual or the
466831 Commission.
467-
468832 c. The Commission shall promulgate rules to p rescribe the
469833 contents of manufactured home sales agreements and to
470834 require that each manufact ured home manufacturer issue
471835 with each new manufactured home a warranty comparable
472836 to warranties generally in use in the industry
473837 warranting the manufactured home to be free from
474838 material defects.
475839
840+SENATE FLOOR VERSION - HB3271 SFLR Page 17
841+(Bold face denotes Committee Amendments) 1
842+2
843+3
844+4
845+5
846+6
847+7
848+8
849+9
850+10
851+11
852+12
853+13
854+14
855+15
856+16
857+17
858+18
859+19
860+20
861+21
862+22
863+23
864+24
865+
476866 d. The enumeration of any power or authority herein shall
477867 not be construed to deny, impair, disparage o r limit
478868 any others necessary to the attainment thereof.
479-
480869 e. A copy of all rules adopted by the Commission shall be
481870 filed and recorded in the o ffice of the Secretary of
482871 State and the State Librarian and Archivist, and same
483872 may be amended, modified or repeale d from time to
484873 time.
485-
486874 2. The Commission's powers and duties shall include, but not be
487875 limited to, the following:
488-
489876 a. to license used motor veh icle dealers, wholesale used
490877 motor vehicle dealers, dismantlers, manufa ctured home
491878 dealers, manufactured home manuf acturers, and
492-manufactured home installers, ENR. H. B. NO. 3271 Page 12
493-
879+manufactured home installers,
494880 b. to inspect used motor vehicle dealer, dismantler and
495881 manufactured home dealer locations, and m anufactured
496882 home manufacturers' factories or assembly sites to
497883 ensure that they are in an approved location, meet
498884 local zoning or other municipal requirements, and have
499885 sufficient facilities which shall include, but not be
500886 limited to, for retail businesses , a business sign, a
501887 listed and usable telephone number, a restroom, an d a
502888 sales office,
503889
890+SENATE FLOOR VERSION - HB3271 SFLR Page 18
891+(Bold face denotes Committee Amendments) 1
892+2
893+3
894+4
895+5
896+6
897+7
898+8
899+9
900+10
901+11
902+12
903+13
904+14
905+15
906+16
907+17
908+18
909+19
910+20
911+21
912+22
913+23
914+24
915+
504916 c. to inspect wholesale us ed motor vehicle dealer
505917 locations to ensure that they a re in an approved
506918 location, meet local zoning or other municipal
507919 requirements, and hav e sufficient facilities which
508920 shall include, but not be limited to, a l isted and
509921 usable telephone number in the dea ler's name and a
510922 business office where records of the b usiness are
511923 kept,
512-
513924 d. to require all dealer sales to have a condi tion of
514925 sale such as a warranty disclaimer, implied or written
515926 warranty or a service contract approved by the
516927 Commission,
517-
518928 e. to work with consumers and dealers to hear complaints
519929 on used vehicles and manufactured homes, including
520930 installation, and
521-
522931 f. to serve as a dispute resol ution panel for binding
523932 arbitration in accordance with Section 1851 et seq. of
524933 Title 12 of the Oklahoma Statutes in contract
525934 controversies between licensed used motor veh icle
526935 dealers, dismantlers and manufactured housing dealers,
527936 manufactured home dealers, installers, and
528937 manufacturers and their consumers when, by mutual
529938 written agreement executed after the dispute bet ween
530939 the parties has arisen, both parties have agreed t o
940+
941+SENATE FLOOR VERSION - HB3271 SFLR Page 19
942+(Bold face denotes Committee Amendments) 1
943+2
944+3
945+4
946+5
947+6
948+7
949+8
950+9
951+10
952+11
953+12
954+13
955+14
956+15
957+16
958+17
959+18
960+19
961+20
962+21
963+22
964+23
965+24
966+
531967 use the Commission as their arbitration panel for
532968 contract disputes.
533-
534969 F. 1. All fees and charges collected under the provisions of
535970 Section 581 et seq. of this title shall be deposited by the
536971 Executive Director in the State Treasury in accordance with th e
537-depository laws of this state in a special fund to be known as the ENR. H. B. NO. 3271 Page 13
972+depository laws of this state in a special fund to be known as the
538973 "Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
539974 Housing Commission Fund", which fund is hereby created. Except as
540975 hereinafter provided, the monies in the fund shall be used by the
541976 Commission for the purpose of carrying out and enforcing the
542977 provisions of Section 581 et seq. of this title. Expenditures from
543978 the fund shall be warrants issued by the State Treasurer against
544979 claims submitted by the Commission to the Direc tor of the Office of
545980 Management and Enterprise Services for approval.
546-
547981 2. At the close of each fiscal year, the Commission s hall file
548982 with the Governor and th e State Auditor and Inspector a true and
549983 correct report of all fees and charges collected and rece ived by it
550984 during the preceding fiscal year and shall at the same time pay into
551985 the General Revenue Fu nd of the state a sum equal to ten percent
552986 (10%) of the gross fees and charges so collected and rec eived.
553-
554987 3. All expenses incurred by the Commission in c arrying out the
555988 provisions of Section 581 et seq. of this title including, but not
556989 limited to, per diem, wages, salaries, re nt, postage, advertising,
557990 supplies, bond premiums, travel and subsistence for the
991+
992+SENATE FLOOR VERSION - HB3271 SFLR Page 20
993+(Bold face denotes Committee Amendments) 1
994+2
995+3
996+4
997+5
998+6
999+7
1000+8
1001+9
1002+10
1003+11
1004+12
1005+13
1006+14
1007+15
1008+16
1009+17
1010+18
1011+19
1012+20
1013+21
1014+22
1015+23
1016+24
1017+
5581018 Commissioners, the Executive Director, employees, and legal counsel,
5591019 and printing and utilities, shall be a proper charge against the
5601020 fund, exclusive of the portion thereof t o be paid into the General
5611021 Revenue Fund as above set out; provided, that in n o event shall
5621022 liability ever accrue hereunder against t he state in any sum
5631023 whatsoever, or against the Oklahoma Used Motor Vehicle and Parts,
5641024 Dismantler, and Manufactured Housing Commission Fund, in excess of
5651025 the ninety percent (90%) of the fees and charges deposited therein.
566-
5671026 SECTION 3. AMENDATORY 47 O.S. 2021, Section 583, is
5681027 amended to read as follows:
569-
5701028 Section 583. A. 1. It shall be unlawful and constitute a
5711029 misdemeanor for any person to engage in business as, or serve in the
5721030 capacity of, or act as a used motor vehicle dealer, wholesale used
5731031 motor vehicle dealer, manufactured home dealer, restricted
5741032 manufactured home park dealer, manufactured home installer, or
5751033 manufactured home manufacturer selling directly to a licensed
5761034 manufactured home dealer in this state without first obtaining a
5771035 license or following other requirements theref or as provided in this
5781036 section.
579-
5801037 2. a. Any person engaging, acting, or serving in the
5811038 capacity of a used motor vehicle dealer, a
582-manufactured home dealer, r estricted manufactured home ENR. H. B. NO. 3271 Page 14
1039+manufactured home deale r, restricted manufactured home
5831040 park dealer, a manufactured home installer, or a
5841041 manufactured home manufa cturer, or having more than
1042+
1043+SENATE FLOOR VERSION - HB3271 SFLR Page 21
1044+(Bold face denotes Committee Amendments) 1
1045+2
1046+3
1047+4
1048+5
1049+6
1050+7
1051+8
1052+9
1053+10
1054+11
1055+12
1056+13
1057+14
1058+15
1059+16
1060+17
1061+18
1062+19
1063+20
1064+21
1065+22
1066+23
1067+24
1068+
5851069 one place where any such business, or combination of
5861070 businesses, is carried on or conducted shall be
5871071 required to obtain and hold a current license for each
5881072 such business, in which engaged.
589-
5901073 b. If after a hearing in accordance wit h the provisions
5911074 of Section 585 of this title, the Oklahoma Used Motor
5921075 Vehicle and Parts, Dismantler, and Manufactured
5931076 Housing Commission shall find any person installing a
5941077 mobile or manufactured home to be in violation of any
5951078 of the provisions of this act, such person may be
5961079 subject to an administrative fine of not more than
5971080 Five Hundred Dollars ($500.00) for each violation .
5981081 Each day a person is in vio lation of this act may
5991082 constitute a separate violation. All administrative
6001083 fines collected pursuant to th e provisions of this
6011084 subparagraph shall be deposited in the fund
6021085 established in Section 582 of this title .
6031086 Administrative fines imposed pursuant to t his
6041087 subparagraph may be enforceable in the district courts
6051088 of this state.
606-
6071089 3. Any person, except persons penalized by administrative fine ,
6081090 violating the provisions of this section shall, upon conviction, be
6091091 punished by a fine not to exceed Five Hundred Dol lars ($500.00). A
6101092 second or subsequent conviction shall be punished by a fine not to
1093+
1094+SENATE FLOOR VERSION - HB3271 SFLR Page 22
1095+(Bold face denotes Committee Amendments) 1
1096+2
1097+3
1098+4
1099+5
1100+6
1101+7
1102+8
1103+9
1104+10
1105+11
1106+12
1107+13
1108+14
1109+15
1110+16
1111+17
1112+18
1113+19
1114+20
1115+21
1116+22
1117+23
1118+24
1119+
6111120 exceed One Thousand Dollars ($1,000.00); provided that each day such
6121121 unlicensed person violates this section shall constitute a separate
6131122 offense, and any vehicle involved in a violation of this subsection
6141123 shall be considered a separate offense.
615-
6161124 B. 1. Applications for licens es required to be obtained under
6171125 the provisions of the Oklahoma Used Motor Vehicle and Parts,
6181126 Dismantler, and Manufactured Housing Commission shall be verified by
6191127 the oath or affirmation of the applicant and shall be on forms
6201128 prescribed by the Commission an d furnished to the applicants, and
6211129 shall contain such information as the Commission deems necessary to
6221130 enable it to fully determine the qualification s and eligibility of
6231131 the several applicants to receive the license or licenses applied
6241132 for. The Commission shall require in the application, or othe rwise,
6251133 information relating to:
626-
627-a. the applicant's financial standing, ENR. H. B. NO. 3271 Page 15
628-
1134+a. the applicant's financial standing,
6291135 b. the applicant's business integrity,
630-
6311136 c. whether the applicant has an established place of
6321137 business and is engaged in the pursuit, avocation, or
6331138 business for which a license, or lic enses, is applied
6341139 for,
635-
6361140 d. whether the applicant is able to properly conduct the
6371141 business for which a license, or licenses, is applied
6381142 for, and
6391143
1144+SENATE FLOOR VERSION - HB3271 SFLR Page 23
1145+(Bold face denotes Committee Amendments) 1
1146+2
1147+3
1148+4
1149+5
1150+6
1151+7
1152+8
1153+9
1154+10
1155+11
1156+12
1157+13
1158+14
1159+15
1160+16
1161+17
1162+18
1163+19
1164+20
1165+21
1166+22
1167+23
1168+24
1169+
6401170 e. such other pertinent information consistent with the
6411171 safeguarding of the public interest and the public
6421172 welfare.
643-
6441173 2. All applications for license or licenses shall be
6451174 accompanied by the appropriate fee or fees in accorda nce with the
6461175 schedule hereinafter provided. In the event any application is
6471176 denied and the license applied for is not issued, the entire licen se
6481177 fee shall be returned to the applicant.
649-
6501178 3. All bonds and licenses issued under the provisions of this
6511179 act shall expire on December 31, following the date of issue and
6521180 shall be nontransferable . All applications for r enewal of licenses
6531181 shall be submitted by November 1 of each year of expiration, and
6541182 licenses for completed renewals received by November 1 shall be
6551183 issued by January 10. If applications have not been made for
6561184 renewal of licenses, such licenses shall expir e on December 31 and
6571185 it shall be illegal for any person to represent himself or herself
6581186 and act as a dealer thereafter . Tag agents shall be notified not to
6591187 accept dealers' titles until such time as licenses have been issued.
6601188 Beginning January 1, 2016, al l licenses shall be issued for a pe riod
6611189 of two (2) years and the appropriate fees shall be assessed . The
6621190 Commission shall adopt rules necessary to i mplement the two-year
6631191 licensing provisions.
664-
6651192 4. A certificate of registration shall permit the registered
6661193 person to engage in the activities of a used motor vehicle
1194+
1195+SENATE FLOOR VERSION - HB3271 SFLR Page 24
1196+(Bold face denotes Committee Amendments) 1
1197+2
1198+3
1199+4
1200+5
1201+6
1202+7
1203+8
1204+9
1205+10
1206+11
1207+12
1208+13
1209+14
1210+15
1211+16
1212+17
1213+18
1214+19
1215+20
1216+21
1217+22
1218+23
1219+24
1220+
6671221 salesperson. A salesperson shall be deemed to be temporarily
6681222 approved and allowed to sell vehicles when applications and fees are
6691223 on file with the Commission.
670- ENR. H. B. NO. 3271 Page 16
6711224 C. The schedule of license and inspection fees to be charged
6721225 and received by the Commission for the licenses and inspections
6731226 issued hereunder shall be as follows:
674-
6751227 1. For each used motor vehicle dealer's license and each
6761228 wholesale used motor vehicle dealer's license, Six Hundred Dollars
6771229 ($600.00). If a used motor vehicle d ealer or a wholesale used motor
6781230 vehicle dealer has once been licensed by the Commission in the
6791231 classification for whi ch he or she applies for a renewal of the
6801232 license, the fee for each subsequent renewal shall be Three Hundr ed
6811233 Dollars ($300.00); provided, if an applicant holds a license to
6821234 conduct business as an automotive dismantler and parts recycler
6831235 issued pursuant to Section 591.1 et seq. of this title, the initial
6841236 fee shall be Two Hundred Dollars ($200.00) and the renewa l fee shall
6851237 be Two Hundred Dolla rs ($200.00). If an applicant is applying
6861238 simultaneously for a license under this paragraph and a license
6871239 under paragraph 1 of Section 591.5 of this title, the initial
6881240 application fee shall be Four Hundred Dollars ($400.00) . For the
6891241 reinstatement of a us ed motor vehicle dealer 's license after
6901242 revocation for cancellation or expiration of insurance pursuant to
6911243 subsection F of this section, the fee shall be Two Hundred Dollars
6921244 ($200.00);
6931245
1246+SENATE FLOOR VERSION - HB3271 SFLR Page 25
1247+(Bold face denotes Committee Amendments) 1
1248+2
1249+3
1250+4
1251+5
1252+6
1253+7
1254+8
1255+9
1256+10
1257+11
1258+12
1259+13
1260+14
1261+15
1262+16
1263+17
1264+18
1265+19
1266+20
1267+21
1268+22
1269+23
1270+24
1271+
6941272 2. For a used motor vehicle dealer 's license, for each place of
6951273 business in addition to the principal place of business, Two Hundred
6961274 Dollars ($200.00);
697-
6981275 3. For each holder who possesses a valid new motor vehicle
6991276 dealer's license from the Oklahoma Motor Vehicle Commission, Two
7001277 Hundred Dollars ($200.00) shall be the initial fee for a used motor
7011278 vehicle license and the fee for each subsequent renewal shall be Two
7021279 Hundred Dollars ($200.00);
703-
7041280 4. a. For each manufactured home dealer's license or a
7051281 restricted manufactured home park dealer 's license,
7061282 Six Hundred Dollars ($600.00), and for each place of
7071283 business in addition to the principal place of
7081284 business, Four Hundred Dollars ($400.00), and
709-
7101285 b. For each renewal of a manufactured home dealer's
7111286 license or a restricted manufactured home park
7121287 dealer's license, and renewal for each pl ace of
7131288 business in addition to the principal place of
7141289 business, Three Hundred Dollars ($300.00);
715- ENR. H. B. NO. 3271 Page 17
7161290 5. a. For each manufactured home installer's license, Four
7171291 Hundred Dollars ($400.00), and
718-
7191292 b. For each renewal of a manufactured hom e installer's
7201293 license, Four Hundred Dollars ($400.00);
721-
7221294 6. a. For each manufactured home manufacturer selling
7231295 directly to a licensed manufactured home dealer in
1296+
1297+SENATE FLOOR VERSION - HB3271 SFLR Page 26
1298+(Bold face denotes Committee Amendments) 1
1299+2
1300+3
1301+4
1302+5
1303+6
1304+7
1305+8
1306+9
1307+10
1308+11
1309+12
1310+13
1311+14
1312+15
1313+16
1314+17
1315+18
1316+19
1317+20
1318+21
1319+22
1320+23
1321+24
1322+
7241323 this state, One Thousand Five Hundred Dollars
7251324 ($1,500.00), and
726-
7271325 b. For each renewal of a manufactured home manufacturer 's
7281326 license, One Thousand Five Hundred Dollars
7291327 ($1,500.00);
730-
7311328 7. Any manufactured home manufacturer who sells a new
7321329 manufactured home to be shipped to or sited in the State of Oklahoma
7331330 shall pay an installation inspection fee of Seventy -five Dollars
7341331 ($75.00) for each new single-wide manufactured home and One Hundred
7351332 Twenty-five Dollars ($125.00) for each new multi -floor manufactured
7361333 home; and
737-
7381334 8. A used manufactured home inspection fee of Seventy-five
7391335 Dollars ($75.00) shall be paid by th e installer at or befo re the
7401336 time of installation of any used manufactured home sited and
7411337 installed in the State of Oklahoma.
742-
7431338 D. 1. The license issued to each used motor vehicle dealer,
7441339 each wholesale used motor vehicle dealer, each restricted
7451340 manufactured home park dealer a nd each manufactured home dealer
7461341 shall specify the location of the place of business . If the
7471342 business location is changed, the Oklahoma Used Motor Vehicle and
7481343 Parts, Dismantler, and Manufactured Housing Commission shall be
7491344 notified immediately of the change and the Commiss ion may endorse
7501345 the change of location on the license . The fee for a change of
7511346 location shall be One Hundred Dollars ($100.00), and the fee for a
1347+
1348+SENATE FLOOR VERSION - HB3271 SFLR Page 27
1349+(Bold face denotes Committee Amendments) 1
1350+2
1351+3
1352+4
1353+5
1354+6
1355+7
1356+8
1357+9
1358+10
1359+11
1360+12
1361+13
1362+14
1363+15
1364+16
1365+17
1366+18
1367+19
1368+20
1369+21
1370+22
1371+23
1372+24
1373+
7521374 change of name, Twenty-five Dollars ($25.00) . The license of each
7531375 licensee shall be posted in a conspicuous place in the place o r
7541376 places of business of the licensee.
755-
7561377 2. The license issued to each manufactured home ins taller and
7571378 each manufactured home manufacturer shall specify the location of
7581379 the place of business . If the business location is changed, the
7591380 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
760-Housing Commission shall be notified immediately o f the change and ENR. H. B. NO. 3271 Page 18
1381+Housing Commission shall be notified immediate ly of the change and
7611382 the Commission may endorse the change of location on the license
7621383 without charge. The license of each licensee shall be posted in a
7631384 conspicuous place in the place or places of business of the
7641385 licensee.
765-
7661386 3. Every manufactured home insta ller shall have the license
7671387 available for inspection at the primary place of business of the
7681388 licensee. This license shall be valid for the licensee and all of
7691389 the employees of the lic ensee. Any person who is not an employee of
7701390 the licensee must obtain a separate manufactured home installer
7711391 license regardless of whether such person is acting in the capacity
7721392 of a contractor or subcontractor.
773-
7741393 E. 1. a. Each applicant for a used motor vehi cle dealer's
7751394 license shall procure and file with the Commission a
7761395 good and sufficient bond in the amount of Twenty-five
7771396 Thousand Dollars ($25,000.00). Each new applicant for
7781397 a used motor vehicle dealer's license for the purpose
1398+
1399+SENATE FLOOR VERSION - HB3271 SFLR Page 28
1400+(Bold face denotes Committee Amendments) 1
1401+2
1402+3
1403+4
1404+5
1405+6
1406+7
1407+8
1408+9
1409+10
1410+11
1411+12
1412+13
1413+14
1414+15
1415+16
1416+17
1417+18
1418+19
1419+20
1420+21
1421+22
1422+23
1423+24
1424+
7791425 of conducting a used motor vehicle auction shall
7801426 procure and file with the Commission a good and
7811427 sufficient bond in the amount of Fifty Thousand
7821428 Dollars ($50,000.00). An applicant who intends to
7831429 conduct a used motor vehicle auction who provides
7841430 proof that the applicant has check an d title insurance
7851431 in an amount not less than Fifty Thousand Dollars
7861432 ($50,000.00) shall only be required to have a bond in
7871433 the amount of Twenty-five Thousand Dollars
7881434 ($25,000.00).
789-
7901435 b. Each new applicant for a used motor vehicle dealer
7911436 license for the purpose of conducting a used motor
7921437 vehicle business which will consist primaril y of non-
7931438 auction consignment sales which are projected to equal
7941439 Five Hundred Thousand Dollars ($500,000.00) o r more in
7951440 gross annual sales shall procure and file with the
7961441 Commission a good and sufficient bond in the amount of
7971442 Fifty Thousand Dollars ($50,000 .00). The Commission
7981443 shall prescribe by rule the method of operation of the
7991444 non-auction consignment dealer i n order to properly
8001445 protect the interests of all parties to the
8011446 transaction and to provide sanctions against dealers
8021447 who fail to comply with the ru les.
8031448
1449+SENATE FLOOR VERSION - HB3271 SFLR Page 29
1450+(Bold face denotes Committee Amendments) 1
1451+2
1452+3
1453+4
1454+5
1455+6
1456+7
1457+8
1458+9
1459+10
1460+11
1461+12
1462+13
1463+14
1464+15
1465+16
1466+17
1467+18
1468+19
1469+20
1470+21
1471+22
1472+23
1473+24
1474+
8041475 c. Each applicant for a wholesale used motor vehicle
805-dealer's license shall procure and file with the ENR. H. B. NO. 3271 Page 19
1476+dealer's license shall procure and file with the
8061477 Commission a good and sufficient bond in the amount of
8071478 Twenty-five Thousand Dollars ($25,000.00).
808-
8091479 d. Any used motor vehicle dealer who, for the purpo se of
8101480 being a rebuilder, applies for a rebuilder
8111481 certificate, as provided in Section 591.5 of this
8121482 title, whether as a new application or renewal, shall
8131483 procure and file with the Commi ssion a good and
8141484 sufficient bond in the amount of Fifteen Thousand
8151485 Dollars ($15,000.00), in addition to any other bonds
8161486 required.
817-
8181487 e. Each applicant for a manufactured home dealer 's
8191488 license or a restricted manufactured home park
8201489 dealer's license shall procu re and file with the
8211490 Commission a good and sufficient bond in the amount of
8221491 Thirty Thousand Dollars ($30,000.00).
823-
8241492 f. Each manufactured home manufacturing facility selling
8251493 directly to a licensed manufactured home dealer or
8261494 restricted manufactured home park dealer in this state
8271495 shall procure and file with the Commission a good a nd
8281496 sufficient bond in the amount of Thirty Thousand
8291497 Dollars ($30,000.00). In addition to all other
8301498 conditions and requirements set forth herein, the bond
1499+
1500+SENATE FLOOR VERSION - HB3271 SFLR Page 30
1501+(Bold face denotes Committee Amendments) 1
1502+2
1503+3
1504+4
1505+5
1506+6
1507+7
1508+8
1509+9
1510+10
1511+11
1512+12
1513+13
1514+14
1515+15
1516+16
1517+17
1518+18
1519+19
1520+20
1521+21
1522+22
1523+23
1524+24
1525+
8311526 shall require the availabilit y of prompt and full
8321527 warranty service by the manufacturer to comply with
8331528 all warranties expressed or implied in connection with
8341529 each manufactured home which is manufactured for
8351530 resale or use in this state. A manufacturer may not
8361531 sell, exchange, or lease -purchase with an option to
8371532 own in any form a manufactured home to a perso n in
8381533 this state directly or indirectly through a
8391534 distributor or third party who is not a licensed
8401535 manufactured home dealer or a restricted manufactured
8411536 home park dealer.
842-
8431537 g. The bond shall be approved as to form by the Attorney
8441538 General and conditioned that the applicant shall not
8451539 practice fraud, make any fraudulent representation, or
8461540 violate any of the provisions of this act in the
8471541 conduct of the business for which the applicant is
8481542 licensed. One of the purposes of the bond is to
8491543 provide reimbursement for an y loss or damage suffered
850-by any person by reason of issuance of a certificate ENR. H. B. NO. 3271 Page 20
1544+by any person by reason of issuance of a certificate
8511545 of title by a used motor vehic le dealer, a wholesale
8521546 used motor vehicle dealer, a restricted manufactured
8531547 home park dealer or a manufactured home dealer.
854-
8551548 2. The bonds as required by this section shall be maintained
8561549 throughout the period of licensure. Should the bond be canceled for
1550+
1551+SENATE FLOOR VERSION - HB3271 SFLR Page 31
1552+(Bold face denotes Committee Amendments) 1
1553+2
1554+3
1555+4
1556+5
1557+6
1558+7
1559+8
1560+9
1561+10
1562+11
1563+12
1564+13
1565+14
1566+15
1567+16
1568+17
1569+18
1570+19
1571+20
1572+21
1573+22
1574+23
1575+24
1576+
8571577 any reason, the license shall be revoked as of the date of
8581578 cancellation unless a new bond is furnished prior to such date.
859-
8601579 F. Any used motor vehicl e dealer or wholesale used motor
8611580 vehicle dealer is required to furnish and keep in force a minimum of
8621581 Twenty-five Thousand Dollars ($25,000.00) of single liability
8631582 insurance coverage o n all vehicles offered for sale or used in any
8641583 other capacity in demonst rating or utilizing the streets and
8651584 roadways in accordance with the financial responsibility laws of
8661585 this state.
867-
8681586 G. Any manufactured home dealer or restricted manufactured home
8691587 park dealer is required to furnish and keep in force a minimum of
8701588 One Hundred Thousand Dollars ($100,000.00) of garage liability or
8711589 general liability with products and completed operation s insurance
8721590 coverage.
873-
8741591 H. Any manufactured home installer is required to fu rnish and
8751592 keep in force a minimum of Twenty -five Thousand Dollars ($25,0 00.00)
8761593 of general liability with products and completed operations
8771594 insurance coverage.
878-
8791595 SECTION 4. AMENDATORY 47 O.S. 2021, Section 583.1, is
8801596 amended to read as follows:
881-
8821597 Section 583.1 A. It shall be punishable by an administrativ e
8831598 fine not to exceed Five Hundred Dollars ($500.00) for any person,
8841599 firm, association, corporation or trust to engage in business as, or
8851600 serve in the capacity of, a used motor vehicle salesperson in this
1601+
1602+SENATE FLOOR VERSION - HB3271 SFLR Page 32
1603+(Bold face denotes Committee Amendments) 1
1604+2
1605+3
1606+4
1607+5
1608+6
1609+7
1610+8
1611+9
1612+10
1613+11
1614+12
1615+13
1616+14
1617+15
1618+16
1619+17
1620+18
1621+19
1622+20
1623+21
1624+22
1625+23
1626+24
1627+
8861628 state without first obtaining a certificate of regis tration with the
8871629 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
8881630 Housing Commission. However, a person may sell used motor vehicles
8891631 without obtaining a separate us ed motor vehicle salesperson 's
8901632 certificate of registration if the person has a certificate of
8911633 registration from the Oklahoma Mo tor Vehicle Commission to sell new
8921634 or unused motor vehicle s at a new motor vehicle dealer's licensed
8931635 franchise location which als o sells used vehicles; provided, such a
8941636 person shall only be authorized to sell used motor vehicles for the
895-dealer at the new motor vehicle dealer's licensed franchise location ENR. H. B. NO. 3271 Page 21
1637+dealer at the new motor vehicle dealer's licensed franchise location
8961638 and to represent the new motor ve hicle dealer at used motor vehicle
8971639 auctions. The cost of the registration for each salesperson shall
8981640 be Fifty Dollars ($50.00) to be renewed biennially and, for a
8991641 transfer, Twenty-five Dollars ($25.00) . The cost of registration is
9001642 to be borne by the empl oying entity of the salesperson. The
9011643 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
9021644 Housing Commission shall promulgate rules and procedures necessary
9031645 for the implementation and crea tion of a registry of salespersons
9041646 and the issuance of certificates of registration.
905-
9061647 B. It shall be punishable by an administrative fi ne not to
9071648 exceed Five Hundred Dolla rs ($500.00) for any person, firm,
9081649 association, corpora tion or trust to engage in busi ness as, or serve
9091650 in the capacity of, a manufactured home salesperson in this state
9101651 without first obtaining a certificate of registrati on with the
1652+
1653+SENATE FLOOR VERSION - HB3271 SFLR Page 33
1654+(Bold face denotes Committee Amendments) 1
1655+2
1656+3
1657+4
1658+5
1659+6
1660+7
1661+8
1662+9
1663+10
1664+11
1665+12
1666+13
1667+14
1668+15
1669+16
1670+17
1671+18
1672+19
1673+20
1674+21
1675+22
1676+23
1677+24
1678+
9111679 Oklahoma Used Motor Veh icle and Parts, Dismantler, and Manufactured
9121680 Housing Commission. The cost of the regis tration for each
9131681 salesperson shall be Fifty Dollars ($50.00) to be renewed biennially
9141682 and, for a transfer, Twenty -five Dollars ($25.00). The cost of
9151683 registration is to be borne by the employing entity of the
9161684 salesperson. The Commission shall promulgate r ules and procedures
9171685 necessary for the implementation and creation o f a registry of
9181686 salespersons and the issuance of certificate s of registration.
919-
9201687 SECTION 5. AMENDATORY 47 O.S. 2021, Section 584, is
9211688 amended to read as follows:
922-
9231689 Section 584. A. The Oklahoma Used Motor Vehicle and Parts,
9241690 Dismantler, and Manufactur ed Housing Commission may deny an
9251691 application for a license, impose a fine not to exce ed One Thousand
9261692 Dollars ($1,000.00) per occurrence and/ or revoke or suspend a
9271693 license after it has been granted, when any provision of Sections
9281694 581 through 588 of this title is violated or for any of the
9291695 following reasons:
930-
9311696 1. On satisfactory proof of unfi tness of the applicant or the
9321697 licensee, as the case may be, under the standards establi shed by
9331698 Sections 581 through 588 of this title;
934-
9351699 2. For fraud practices or a ny material misstatement made by an
9361700 applicant in any application for license under the provis ions of
9371701 Sections 581 through 588 of this title;
9381702
1703+SENATE FLOOR VERSION - HB3271 SFLR Page 34
1704+(Bold face denotes Committee Amendments) 1
1705+2
1706+3
1707+4
1708+5
1709+6
1710+7
1711+8
1712+9
1713+10
1714+11
1715+12
1716+13
1717+14
1718+15
1719+16
1720+17
1721+18
1722+19
1723+20
1724+21
1725+22
1726+23
1727+24
1728+
9391729 3. For any willful failure to comply w ith any provision of
940-Section 581 et seq. of this title or with any rule pr omulgated by ENR. H. B. NO. 3271 Page 22
1730+Section 581 et seq. of this title or with any rule prom ulgated by
9411731 the Commission under authorit y vested in it by Sections 581 through
9421732 588 of this title;
943-
9441733 4. Change of condition after license is granted r esulting in
9451734 failure to maintain the qualifications for license;
946-
9471735 5. Continued or flagrant violation of any o f the rules of the
9481736 Commission;
949-
9501737 6. Being a used motor vehicle dealer, a used motor vehicle
9511738 salesperson, a wholesale used motor vehicle dealer, or a
9521739 manufactured home dealer, a rest ricted manufactured home park
9531740 dealer, a manufactured home installer , a manufactured home
9541741 salesperson or a manufactured home manufacturer who:
955-
9561742 a. resorts to or uses any f alse or misleading advertising
9571743 in connection with busin ess as a used motor vehicle
9581744 dealer, wholesale used motor vehicle dealer or a
9591745 restricted manufactured home pa rk dealer or
9601746 manufactured home deale r, installer or manufacturer,
961-
9621747 b. has committed any unlawf ul act which resulted in the
9631748 revocation of any similar license in another state,
964-
9651749 c. has been convicted of a crime involving moral
9661750 turpitude,
967-
9681751 d. has committed a fraudulent act in selling, purchasin g
9691752 or otherwise dealing in motor vehicles or manufactured
1753+
1754+SENATE FLOOR VERSION - HB3271 SFLR Page 35
1755+(Bold face denotes Committee Amendments) 1
1756+2
1757+3
1758+4
1759+5
1760+6
1761+7
1762+8
1763+9
1764+10
1765+11
1766+12
1767+13
1768+14
1769+15
1770+16
1771+17
1772+18
1773+19
1774+20
1775+21
1776+22
1777+23
1778+24
1779+
9701780 homes or has misrepresented the terms and conditions
9711781 of a sale, purchase or contract for s ale or purchase
9721782 of a motor vehicle or manufactured home or any
9731783 interest therein including an option to purcha se such
9741784 motor vehicles or manufactured homes,
975-
9761785 e. has engaged in business under a past or present
9771786 license issued pursuant to Sections 581 through 58 8 of
9781787 this title, in such a manner as to cause injury to the
9791788 public or to those with whom the licensee is dea ling,
980-
9811789 f. has failed to meet or maintain the conditions and
9821790 requirements necessary to qualify for the issuance of
9831791 a license,
984- ENR. H. B. NO. 3271 Page 23
9851792 g. has failed or refused to furnish and keep in force any
9861793 bond required under Sections 581 through 5 88 of this
9871794 title,
988-
9891795 h. has installed or attempted to install a manufactured
9901796 home in an unworkmanlike manner, or
991-
9921797 i. employs a person in connection with the sale of
9931798 manufactured homes without first obtaining a
9941799 certificate of registration for the person ;
995-
9961800 7. Being a used motor vehicle de aler who:
997-
9981801 a. does not have an established place of business,
1802+
1803+SENATE FLOOR VERSION - HB3271 SFLR Page 36
1804+(Bold face denotes Committee Amendments) 1
1805+2
1806+3
1807+4
1808+5
1809+6
1810+7
1811+8
1812+9
1813+10
1814+11
1815+12
1816+13
1817+14
1818+15
1819+16
1820+17
1821+18
1822+19
1823+20
1824+21
1825+22
1826+23
1827+24
9991828
10001829 b. employs a person in connection with the sale of used
10011830 vehicles without first obtaining a c ertificate of
10021831 registration for the person ,
1003-
10041832 c. fails or refuses to furnish or keep in force single
10051833 limit liability insurance on any vehicle offered for
10061834 sale and otherwise required under the financial
10071835 responsibility laws of th is state, or
1008-
10091836 d. is not operating from the address shown on the license
10101837 if this change has not been reported to the
10111838 Commission; or
1012-
10131839 8. Being a manufactured home dealer or a restricted
10141840 manufactured home park dealer who:
1015-
10161841 a. does not have an established place of business,
1017-
10181842 b. fails or refuses to furnish or keep in force garage
10191843 liability and completed operations insur ance, or
1020-
10211844 c. is not operating from the address shown on the license
10221845 if this change has not bee n reported to the
10231846 Commission.
1024-
10251847 B. 1. The Commission shall deny an application for a li cense,
10261848 or revoke or suspend a license after it has been granted, if a
10271849 manufactured home dealer does not meet the following guidelines and
10281850 restrictions:
1029- ENR. H. B. NO. 3271 Page 24
10301851 a. a display area for manufactured homes which is easily
10311852 accessible, with sufficient parking for the pub lic,
1853+
1854+SENATE FLOOR VERSION - HB3271 SFLR Page 37
1855+(Bold face denotes Committee Amendments) 1
1856+2
1857+3
1858+4
1859+5
1860+6
1861+7
1862+8
1863+9
1864+10
1865+11
1866+12
1867+13
1868+14
1869+15
1870+16
1871+17
1872+18
1873+19
1874+20
1875+21
1876+22
1877+23
1878+24
10321879
10331880 b. an office for conducting business where the books,
10341881 records, and files are kept, with access to a restroom
10351882 for the public,
1036-
10371883 c. a place of business which meets all zoning, occupancy
10381884 and other requirements of the appropr iate local
10391885 government and regula r occupancy by a person, firm, or
10401886 corporation engaged in the business of sel ling
10411887 manufactured homes, and
1042-
10431888 d. a place of business which is separate and apart from
10441889 any other dealer's location.
1045-
10461890 2. The Commission shall deny an a pplication for a restricted
10471891 manufactured home park dealer license, or revoke or suspend a
10481892 license after it has been granted, if a manufactured home park
10491893 dealer does not satisfy the following guidelines and restrictions:
1050-
10511894 a. only mobile or manufactured homes that are "ready for
10521895 occupancy" are sold or offered for sale,
1053-
10541896 b. maintains an office for conducting business where the
10551897 books, records, and files are kept, with access to a
10561898 restroom for the public,
1057-
10581899 c. maintains a place of business which meets all zoning,
10591900 occupancy and other requirements o f the appropriate
10601901 local government and regular occupancy by a person,
10611902 firm or corporation engaged in the business of selling
10621903 manufactured homes inside a park, and
10631904
1905+SENATE FLOOR VERSION - HB3271 SFLR Page 38
1906+(Bold face denotes Committee Amendments) 1
1907+2
1908+3
1909+4
1910+5
1911+6
1912+7
1913+8
1914+9
1915+10
1916+11
1917+12
1918+13
1919+14
1920+15
1921+16
1922+17
1923+18
1924+19
1925+20
1926+21
1927+22
1928+23
1929+24
1930+
10641931 d. maintains a place of business which is separate and
10651932 apart from any other dealer's location.
1066-
10671933 C. The Commission shall deny an application for a license, or
10681934 revoke or suspend a license after it has been granted, if a
10691935 manufactured home installer:
1070-
10711936 1. Installs or attempts to install a manufactured home in a
10721937 manner that is not in compliance with ins tallation standards as set
10731938 by the Commission pursuant to rule; or
1074- ENR. H. B. NO. 3271 Page 25
10751939 2. Violates or fails to comply with any applicable rule as
10761940 promulgated by the Commission concerning ma nufactured home
10771941 installers.
1078-
10791942 D. The Commission shall de ny an application for a license, or
10801943 revoke or suspend a license after it has been granted, if a
10811944 manufactured home manufacturer violates or fails to comply with any
10821945 applicable rule as promulgated by the Commission concerning
10831946 manufactured home manufacturers.
1084-
10851947 E. The Commission shall deny a n application for a license by a
10861948 motor vehicle manufacturer or factory if th e application is for the
10871949 purpose of selling used motor vehicles to any retail consumer in the
10881950 state, other than through its retail franchised dealer s, or acting
10891951 as a broker between a seller and a retail buyer . This subsection
10901952 does not prohibit a manufactu rer from selling used motor vehicles
10911953 where the retail customer is a nonprofit organization or a federal,
10921954 state, or local government or agency . This subsection does not
1955+
1956+SENATE FLOOR VERSION - HB3271 SFLR Page 39
1957+(Bold face denotes Committee Amendments) 1
1958+2
1959+3
1960+4
1961+5
1962+6
1963+7
1964+8
1965+9
1966+10
1967+11
1968+12
1969+13
1970+14
1971+15
1972+16
1973+17
1974+18
1975+19
1976+20
1977+21
1978+22
1979+23
1980+24
1981+
10931982 prohibit a manufacturer from providing information to a consumer for
10941983 the purpose of marketing or facilitating the sale of used motor
10951984 vehicles or from establishing a program to sell or offer to sell
10961985 used motor vehicles through the manuf acturer's retail franchised
10971986 dealers as provided for in Sections 561 through 580.2 of this title .
10981987 This subsection shall not prevent a factory from obtaining a
10991988 wholesale used motor vehicle dealer 's license or the factory's
11001989 financing subsidiary from obtainin g a wholesale used motor vehicle
11011990 dealer's license.
1102-
11031991 F. If the Commission denies issuance of a license the
11041992 Commission shall provide the grounds for the action to the applicant
11051993 in writing and allow the a pplicant sixty (60) days to resolve any
11061994 issues that are the grounds for the action.
1107-
11081995 G. Each of the aforementioned grounds for suspension,
11091996 revocation, or denial of issuance or renewal of license shall also
11101997 constitute a violation of Sections 581 through 588 of this title,
11111998 unless the person involved has been tri ed and acquitted of the
11121999 offense constituting such grounds.
1113-
11142000 The suspension, revocation or refusal to issue or renew a
11152001 license or the imposition of any other penalty by the Commission
11162002 shall be in addition to any penalty which might be imposed upon any
11172003 licensee upon a conviction at law for any violation of Sections 581
11182004 through 588 of this title.
1119- ENR. H. B. NO. 3271 Page 26
2005+
2006+SENATE FLOOR VERSION - HB3271 SFLR Page 40
2007+(Bold face denotes Committee Amendments) 1
2008+2
2009+3
2010+4
2011+5
2012+6
2013+7
2014+8
2015+9
2016+10
2017+11
2018+12
2019+13
2020+14
2021+15
2022+16
2023+17
2024+18
2025+19
2026+20
2027+21
2028+22
2029+23
2030+24
2031+
11202032 SECTION 6. AMENDATORY 47 O.S. 2021, Sec tion 587, is
11212033 amended to read as follows:
1122-
11232034 Section 587. A. There is hereby created a petty cash fund n ot
11242035 to exceed One Hundred Dollars ($100.00) for the Oklahoma Used Motor
11252036 Vehicle and Parts, Dismantler, and Manufactured Housing Commission,
11262037 which may be expended for small authori zed expenses of the
11272038 Commission.
1128-
11292039 B. The Director of the Office of Management a nd Enterprise
11302040 Services is authorized to prescrib e forms, systems and procedures
11312041 for its administration. The petty cash fund may be reimbursed from
11322042 time to time by the filing of proper claims, accompan ied by valid
11332043 receipts for expenditures made.
1134-
11352044 C.
1136-
11372045 SECTION 7. AMENDATORY 47 O.S. 2021, Section 591.2, is
11382046 amended to read as follows:
1139-
11402047 Section 591.2 As used in Section 591.1 et seq. of this title:
1141-
11422048 1. "Automotive dismantler and parts recycler" means a person,
11432049 firm or corporation engaged i n the business of purchasing,
11442050 dismantling, or disassembling used motor vehicles for the pu rpose of
11452051 selling the parts thereof, but shall not include a person who is
11462052 primarily engaged in the business of rebuilding repairable motor
11472053 vehicles;
1148-
11492054 2. "Motor vehicle" means every automobile, motorcycle, mobile
11502055 trailer, semitrailer, truck, truck -tractor, trailer and other device
2056+
2057+SENATE FLOOR VERSION - HB3271 SFLR Page 41
2058+(Bold face denotes Committee Amendments) 1
2059+2
2060+3
2061+4
2062+5
2063+6
2064+7
2065+8
2066+9
2067+10
2068+11
2069+12
2070+13
2071+14
2072+15
2073+16
2074+17
2075+18
2076+19
2077+20
2078+21
2079+22
2080+23
2081+24
2082+
11512083 which is self-propelled or drawn, in, upon, or by which any person
11522084 or property is or may be transported or drawn upon a public highway,
11532085 except such as is moved by animal power or used exclusively upon
11542086 stationary rails or tracks, or an implement of husbandry;
1155-
11562087 3. "Place of business" means the place owned or leased and
11572088 regularly occupied by a person, firm or corporation engaged in the
11582089 business of an automotive dismantler and parts recycler, where the
11592090 products for sale are displayed an d offered for sale, and where the
11602091 books and records required for the conduct of the business are
11612092 maintained and kept;
1162-
11632093 4. "Salvage pool" means any person or business which regularly
1164-conducts a salvage disposal sale; ENR. H. B. NO. 3271 Page 27
1165-
2094+conducts a salvage disposal sale;
11662095 5. "Salvage disposal sale " means a scheduled sale at auction or
11672096 by private bid of wrecked or repairable motor vehicles by insurance
11682097 underwriters, or insurance companies, used motor vehicle dealers or
11692098 automotive dismantlers and parts recyclers, either retail or
11702099 wholesale; and
1171-
11722100 6. "Commission" means the Oklahoma Used Motor Vehicle and
11732101 Parts, Dismantler, and Manufactured Housing Commission; and
1174-
11752102 7. "License" means the license issued pursuant to Section 591.1
11762103 et seq. of this title to operate an automotive dismantler and parts
11772104 recycler business.
1178-
11792105 SECTION 8. AMENDATORY 47 O.S. 2021, Section 591.4, is
11802106 amended to read as follows:
2107+
2108+SENATE FLOOR VERSION - HB3271 SFLR Page 42
2109+(Bold face denotes Committee Amendments) 1
2110+2
2111+3
2112+4
2113+5
2114+6
2115+7
2116+8
2117+9
2118+10
2119+11
2120+12
2121+13
2122+14
2123+15
2124+16
2125+17
2126+18
2127+19
2128+20
2129+21
2130+22
2131+23
2132+24
11812133
11822134 Section 591.4 A. Every person, firm or corporation desiring to
11832135 engage in the business of an automotive dismantler and parts
11842136 recycler shall apply in writing, on a form to be prescribed by the
11852137 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
11862138 Housing Commission, which form shall contain:
1187-
11882139 1. The name of the applicant;
1189-
11902140 2. The street address of the applicant 's principal place of
11912141 business;
1192-
11932142 3. The type of business organization of the applicant;
1194-
11952143 4. The applicant's financial statement;
1196-
11972144 5. The legal description of the proposed place of business,
11982145 together with written verification from the appropriate local
11992146 authorities that the place of business meets the licensing and
12002147 zoning requirements of the municipality or county where located; and
1201-
12022148 6. Such additional information as may be required by the
12032149 Commission.
1204-
12052150 B. Notwithstanding subsection A of this section, the Commission
12062151 may decline to issue an original license to any person, firm or
12072152 corporation that does not, in good faith, meet the requirements of
12082153 the Automotive Dismantlers and Parts Recycler Act; or whose proposed
1209-place of business does not meet the applicable zoning requirements; ENR. H. B. NO. 3271 Page 28
2154+place of business does not meet the applicable zoning requirements;
12102155 or whose proposed use is deemed inappropriate by the Commi ssion due
12112156 to surrounding property uses or objections from the imm ediate
12122157 surrounding neighbors, such that the place of bu siness would be
2158+
2159+SENATE FLOOR VERSION - HB3271 SFLR Page 43
2160+(Bold face denotes Committee Amendments) 1
2161+2
2162+3
2163+4
2164+5
2165+6
2166+7
2167+8
2168+9
2169+10
2170+11
2171+12
2172+13
2173+14
2174+15
2175+16
2176+17
2177+18
2178+19
2179+20
2180+21
2181+22
2182+23
2183+24
2184+
12132185 deemed to be a private or public nuisance; or whose place of
12142186 business is not properly screened by natural objects, plant ings,
12152187 opaque fences of a height not less than six (6) nor more th an eight
12162188 (8) feet or other appropriate sightproofing, s o as to screen where
12172189 possible vehicles and parts stored outside of buildings from view
12182190 from immediately adjacent property.
1219-
12202191 SECTION 9. AMENDATORY 47 O.S. 2021, Section 5 91.6, is
12212192 amended to read as follows:
1222-
12232193 Section 591.6 Every automotive dismantler and parts recycler
12242194 shall keep a register of all purchases and sales of motor vehicles
12252195 for three (3) years f rom the date of purchase or sale, showing the
12262196 make, model, year, style, vehi cle identification number, and name
12272197 and address of the purchaser or seller of the motor vehicle. Such
12282198 registers shall be made available for inspection by properly
12292199 identified employees or agents of the Oklahoma Used Motor Vehicle
12302200 and Parts, Dismantler, and Manufactured Housing Commission or
12312201 identified law enforcement officers of the state, county and
12322202 municipality where the business of the automotive dismantler and
12332203 parts recycler is located, during reasonable business hours on
12342204 business days. The inspection authority shall include the right to
12352205 inspect any motor vehicle or parts thereof owned by or stored at the
12362206 automotive dismantler and parts recycler 's place of business.
1237-
12382207 SECTION 10. AMENDATORY 47 O.S. 2021, Section 591.8, is
12392208 amended to read as follows:
2209+
2210+SENATE FLOOR VERSION - HB3271 SFLR Page 44
2211+(Bold face denotes Committee Amendments) 1
2212+2
2213+3
2214+4
2215+5
2216+6
2217+7
2218+8
2219+9
2220+10
2221+11
2222+12
2223+13
2224+14
2225+15
2226+16
2227+17
2228+18
2229+19
2230+20
2231+21
2232+22
2233+23
2234+24
12402235
12412236 Section 591.8 A. An automotive di smantler and parts recycler,
12422237 duly licensed by this act, shall have the authority to transfer the
12432238 certificate of title to a motor vehicle as a dealer. Prior to the
12442239 sale of any motor vehicles at sa lvage pools or salvage disposal
12452240 sales, a salvage title or jun ked title shall be issued for any
12462241 salvage or junked vehicle as defined in Section 1105 of this title.
1247-
12482242 B. Any and all certificates of title, whether original,
12492243 salvage, rebuilt, or junked titles, salvage certificates, other
12502244 certificates of ownership, or own ership records, as approved by the
12512245 Oklahoma Tax Commission, to vehicles owned by a licensed automotive
12522246 dismantler and parts recycler, which vehicles have been dismantled,
12532247 destroyed, or otherwise processed so that the vehicles are no longer
1254-capable of being used as motor vehicles, shall be inspected by ENR. H. B. NO. 3271 Page 29
2248+capable of being used as motor vehicles, shall be inspected by
12552249 properly identified employees or agents of the Oklahoma Used Motor
12562250 Vehicle and Parts, Dismantler, and Manufactured Housing Commission,
12572251 at least annually, at the place of business of the licensed
12582252 automotive dismantler and parts recycler. Upon verification that
12592253 the vehicle is no longer capable of being used as a mo tor vehicle,
12602254 the employee or agent of the Commission shall remove the license
12612255 plate and the certificate of title, salvage certificate, other
12622256 certificate of ownership or ownership record from the licensed
12632257 automotive dismantler and parts recycler. The Commi ssion shall
12642258 destroy the license plate and deliver the certificates and ownership
12652259 records to the Oklahoma Tax Commission.
2260+
2261+SENATE FLOOR VERSION - HB3271 SFLR Page 45
2262+(Bold face denotes Committee Amendments) 1
2263+2
2264+3
2265+4
2266+5
2267+6
2268+7
2269+8
2270+9
2271+10
2272+11
2273+12
2274+13
2275+14
2276+15
2277+16
2278+17
2279+18
2280+19
2281+20
2282+21
2283+22
2284+23
2285+24
12662286
12672287 C. Each licensed automotive dismantler and parts recycler that
12682288 dismantles, destroys, or otherwise processes vehicles so that the
12692289 vehicles are no longer capable of being used as motor vehicles, each
12702290 month, shall report the veh icle identification numbers of the
12712291 vehicles to the Oklahoma Tax Commission, upon forms prescribed by
12722292 the Oklahoma Tax Commission. The report shall include any vehicl e
12732293 which is a hull, junked, abandoned or not a complete, self -
12742294 propelling vehicle, if there i s a vehicle identification number for
12752295 the incomplete vehic le. The Oklahoma Tax Commission shall cancel
12762296 said certificates of title. The vehicle identification numbe rs on
12772297 the certificates of titles, salvage titles, other certificates of
12782298 ownership or ownership records to motor vehicles no longer capable
12792299 of being used as motor vehicles shall be preserved in the computer
12802300 files of the Oklahoma Tax Commission for at least five (5) years
12812301 from the date the certificates of title are delivered by the
12822302 Commission to the Oklahoma Tax Commission.
1283-
12842303 D. Each vehicle or incomplete vehicle required to be reported
12852304 to the Oklahoma Tax Commissi on by this section shall be reported on
12862305 or before the fifteenth day of the next succeeding month after the
12872306 month in which the vehicle or incomplete vehicle was received by the
12882307 licensed automotive dismantler and parts recycler. Each vehicle or
12892308 incomplete vehicle, which is incapable of operation or use on the
12902309 public roads or has no resale value except as a source of parts,
12912310 scrap or junk or has an eighty percent (80%) loss in fair market
2311+
2312+SENATE FLOOR VERSION - HB3271 SFLR Page 46
2313+(Bold face denotes Committee Amendments) 1
2314+2
2315+3
2316+4
2317+5
2318+6
2319+7
2320+8
2321+9
2322+10
2323+11
2324+12
2325+13
2326+14
2327+15
2328+16
2329+17
2330+18
2331+19
2332+20
2333+21
2334+22
2335+23
2336+24
2337+
12922338 value, possessed by a licensed automotive dismantler and parts
12932339 recycler on the effective date of this act shall be rep orted to the
12942340 Oklahoma Tax Commission within ninety (90) days. The vehicle
12952341 identification numbers on all reported vehicles shall be preserved
12962342 in the computer of the Oklahoma Tax Commission for at least five (5)
12972343 years, even if the ownership records may have been previously
12982344 destroyed or surrendered to the Oklahoma Tax Commission.
1299- ENR. H. B. NO. 3271 Page 30
13002345 E. If the vehicle identification number for a vehicle, which is
13012346 incapable of operation or use on the public roads and has no resale
13022347 value except as a source of parts, scrap or junk or has an eighty
13032348 percent (80%) loss in fair market value, is not reported to the
13042349 Oklahoma Tax Commission, the licensed automotive dismantler and
13052350 parts recycler shall be required to obtain a junked title for sai d
13062351 vehicle. An Oklahoma licensed automotive di smantler and parts
13072352 recycler shall not be required to obtain a junked title for a junked
13082353 vehicle or any other vehicle which is dismantled, destroyed o r
13092354 otherwise processed so that the vehicle is no longer capabl e of
13102355 being operated or used on the public road s, if the vehicle is
13112356 reported to the Oklahoma Tax Commission.
1312-
13132357 SECTION 11. AMENDATORY 47 O.S. 2021, Section 591.9, is
13142358 amended to read as follows:
1315-
13162359 Section 591.9 The Oklahoma Used Motor Vehicle and Parts,
13172360 Dismantler, and Manufactured Housing Commission is authorized to
2361+
2362+SENATE FLOOR VERSION - HB3271 SFLR Page 47
2363+(Bold face denotes Committee Amendments) 1
2364+2
2365+3
2366+4
2367+5
2368+6
2369+7
2370+8
2371+9
2372+10
2373+11
2374+12
2375+13
2376+14
2377+15
2378+16
2379+17
2380+18
2381+19
2382+20
2383+21
2384+22
2385+23
2386+24
2387+
13182388 refuse, cancel, suspend or revoke a license to any perso n, firm or
13192389 corporation for the following reasons:
1320-
13212390 1. Failure to meet the requirements of the Automotive
13222391 Dismantlers and Parts Recycler Act;
1323-
13242392 2. Failure to continue to meet the requirements of this act or
13252393 of the rules promulgated by the Commission pursuant to the
13262394 provisions of the Automotive Dismantlers and Par ts Recycler Act;
1327-
13282395 3. Upon satisfactory proof of unfitness of the applicant or the
13292396 licensee, as the case may be, under the standards establish ed by the
13302397 Automotive Dismantlers and Parts Recycler Act;
1331-
13322398 4. For the felony conviction of a state or federal law by an
13332399 applicant, licensee, partner of an applicant or licensee, director,
13342400 officer, or stockholder in the case of a corporate applicant or
13352401 licensee, or an employee, manager, or any person having a pecuni ary
13362402 interest in the business involving:
1337-
13382403 a. theft,
1339-
13402404 b. violation of the Oklahoma certificate of title law or
13412405 similar laws of other states,
1342-
13432406 c. alteration, obliteration, or removal of a vehicle
1344-identification number, or ENR. H. B. NO. 3271 Page 31
1345-
2407+identification number, or
13462408 d. any other act directly relating to th e ability of the
13472409 applicant or licensee to conduct an aut omotive
13482410 dismantler and parts recycling business;
13492411
2412+SENATE FLOOR VERSION - HB3271 SFLR Page 48
2413+(Bold face denotes Committee Amendments) 1
2414+2
2415+3
2416+4
2417+5
2418+6
2419+7
2420+8
2421+9
2422+10
2423+11
2424+12
2425+13
2426+14
2427+15
2428+16
2429+17
2430+18
2431+19
2432+20
2433+21
2434+22
2435+23
2436+24
2437+
13502438 5. Commission of any unlawful act which resulted in the
13512439 revocation of any similar license i n another state; or
1352-
13532440 6. Engaging in business under a past o r present license issued
13542441 pursuant to the Automotive Dism antlers and Parts Recycler Act in
13552442 such a manner as to cause injury to the public or to those with whom
13562443 the licensee has dealt.
1357-
13582444 SECTION 12. AMENDATORY 47 O.S. 2021, Section 591 .11, is
13592445 amended to read as follows:
1360-
13612446 Section 591.11 A. Sales at a salvage pool or salvage disposal
13622447 sale may be opened only to:
1363-
13642448 1. A person who is a resident of this state;
1365-
13662449 2. A company representative of a business that is based in this
13672450 state; or
1368-
13692451 3. A person who may legally purchase salvage vehicles in his o r
13702452 her home state or country.
1371-
13722453 B. It shall be the duty of the owner, manager or person in
13732454 charge of any salvage pool or salvage disposal sale to prohibit the
13742455 bidding by any person who is not qualified to purchase salvage
13752456 vehicles as provided in subsection A of this section and, further,
13762457 to refuse to sell to any person any wrecked or repairable motor
13772458 vehicle if such person is not qualified to purchase salvage vehicles
13782459 as provided in subsection A of this section.
1379-
13802460 C. Any salvage pool or salvage disposal sale t hat is
13812461 facilitating in the sale of a motor vehicle for an insurance company
2462+
2463+SENATE FLOOR VERSION - HB3271 SFLR Page 49
2464+(Bold face denotes Committee Amendments) 1
2465+2
2466+3
2467+4
2468+5
2469+6
2470+7
2471+8
2472+9
2473+10
2474+11
2475+12
2476+13
2477+14
2478+15
2479+16
2480+17
2481+18
2482+19
2483+20
2484+21
2485+22
2486+23
2487+24
2488+
13822489 must provide on its website the full seventeen -digit vehicle
13832490 identification number (VIN) and the name of the insurance compa ny
13842491 that is selling the motor vehicle.
1385-
13862492 D. The salvage pool or salvage disposal sale shall show the
13872493 buyer's identification number of the winning bidder on any sale that
13882494 takes place on the Internet or by online bidding for all salvage
1389-motor vehicles being sold for an insurance company. ENR. H. B. NO. 3271 Page 32
1390-
2495+motor vehicles being so ld for an insurance company.
13912496 E. It shall be the duty of the owner, manager or person in
13922497 charge of any salvage pool or salvage disposal sale to remit
13932498 payments to the Oklahoma Used Motor Vehicle and Parts, Dismantler,
13942499 and Manufactured Housing Commission. Such payments shall be
13952500 calculated by multiplying the tota l number of salvage vehicle sales
13962501 transactions during a certain period times Two Dollars ($2.00). The
13972502 first payment shall not be calculated on any sales transactions
13982503 prior to November 1, 2007. The p ayments shall not be made more
13992504 often than one payment ea ch month. The payments shall be
14002505 transmitted to the Oklahoma Used Motor Vehicle and Parts,
14012506 Dismantler, and Manufactured Housing Commission at any time during
14022507 the thirty (30) days immediately following the period for which the
14032508 payment was calculated.
1404-
14052509 F. Every salvage pool shall keep a register of all sales of
14062510 salvage vehicles showing the make, model, year, style, vehicle
14072511 identification number, and names and addresses of the purchaser and
14082512 seller of the motor vehicle. Such registers shall be submitted to
2513+
2514+SENATE FLOOR VERSION - HB3271 SFLR Page 50
2515+(Bold face denotes Committee Amendments) 1
2516+2
2517+3
2518+4
2519+5
2520+6
2521+7
2522+8
2523+9
2524+10
2525+11
2526+12
2527+13
2528+14
2529+15
2530+16
2531+17
2532+18
2533+19
2534+20
2535+21
2536+22
2537+23
2538+24
2539+
14092540 the Oklahoma Used Motor Vehicle and Parts, Dismantler, and
14102541 Manufactured Housing Commission on a regular basis.
1411-
14122542 G. The provisions of this section shall not apply to a
14132543 regularly scheduled vehicle consignm ent auction conducted by a used
14142544 motor vehicle dealer which sells salvage vehicles, damaged vehicl es,
14152545 wrecked vehicles or repairable vehicle s for someone other than a
14162546 public insurance company. Such auction may sell these vehicles as
14172547 an incident to the sale of operable vehicles, but shall not
14182548 constitute a primary part of the business.
1419-
14202549 SECTION 13. AMENDATORY 47 O.S. 2021, Section 591.13, is
14212550 amended to read as follows:
1422-
14232551 Section 591.13 Any person violating any provision of the
14242552 Automotive Dismantlers and Parts Recycler Act or opera ting as a
14252553 rebuilder as used in Section 581 et seq. o f this title without a
14262554 rebuilder certificate shall be guilty of a misd emeanor and upon the
14272555 first conviction thereof shall be punished by a fine of not less
14282556 than Five Hundred Dollars ($500.00) with impound ment of the vehicle
14292557 until all taxes and fees are pai d and upon the second conviction
14302558 thereof shall be punished by a fine o f not less than One Thousand
14312559 Dollars ($1,000.00) with impoundment of the vehicle until al l taxes
14322560 and fees are paid and upon the third or subsequent conviction
14332561 thereof shall be punished b y a fine of not less than One Thousand
1434-Five Hundred Dollars ($1,500.00 ) with impoundment of the vehicle ENR. H. B. NO. 3271 Page 33
2562+Five Hundred Dollars ($1,500.00 ) with impoundment of the vehicle
14352563 until all taxes and fees are paid or by imprisonment in the county
2564+
2565+SENATE FLOOR VERSION - HB3271 SFLR Page 51
2566+(Bold face denotes Committee Amendments) 1
2567+2
2568+3
2569+4
2570+5
2571+6
2572+7
2573+8
2574+9
2575+10
2576+11
2577+12
2578+13
2579+14
2580+15
2581+16
2582+17
2583+18
2584+19
2585+20
2586+21
2587+22
2588+23
2589+24
2590+
14362591 jail for not more than one (1) year, or by both such fine and
14372592 imprisonment. If a vehicle is impounded pursuant to the provisions
14382593 of this section, the vehi cle shall not be released to the o wner
14392594 until the owner provides proof of security or an a ffidavit that the
14402595 vehicle will not be used on public highways or public streets, as
14412596 required pursuant to Section 7-600 et seq. of this title. Each
14422597 vehicle involved in a violation of this section shall be considered
14432598 a separate offense. The penalties colle cted from the payment of the
14442599 fines shall, after deduction of court costs, be paid to the Oklahoma
14452600 Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing
14462601 Commission Fund as created by Section 582 of this title.
1447-
14482602 SECTION 14. AMENDATORY 47 O.S. 2021, Section 591.14, is
14492603 amended to read as follows:
1450-
14512604 Section 591.14 When any person, firm or corporation i s engaged
14522605 in the business of an automoti ve dismantler and parts recycler
14532606 without being licensed as r equired by Section 591.4 of Title 47 of
14542607 the Oklahoma Statutes, the Oklahoma Used Motor Vehicle and Parts,
14552608 Dismantler, and Manufactured Housing Commission may institute, in
14562609 the name of the State of Oklahoma ex rel. Oklahoma Used Motor
14572610 Vehicle and Parts, Dismantler, and Manufactured H ousing Commission,
14582611 any necessary action to e njoin such person, firm or corporation from
14592612 continuing in the business of an automotive dismantler and parts
14602613 recycler until a license has been issued to such person, firm or
14612614 corporation by the Oklahoma Used Motor Vehicle and Parts,
2615+
2616+SENATE FLOOR VERSION - HB3271 SFLR Page 52
2617+(Bold face denotes Committee Amendments) 1
2618+2
2619+3
2620+4
2621+5
2622+6
2623+7
2624+8
2625+9
2626+10
2627+11
2628+12
2629+13
2630+14
2631+15
2632+16
2633+17
2634+18
2635+19
2636+20
2637+21
2638+22
2639+23
2640+24
2641+
14622642 Dismantler, and Manufac tured Housing Commission. Upon proper
14632643 evidence, a temporary restraining order shall be i ssued. An
14642644 injunction shall issue withou t requirement of a bond of any kind
14652645 from the state. The ven ue of any action authori zed by this section
14662646 shall be in the county wherein the business activity complained of
14672647 is conducted.
1468-
14692648 SECTION 15. AMENDATORY 47 O.S. 2021, Section 592.2, is
14702649 amended to read as follows:
1471-
14722650 Section 592.2 As used in the Oklahoma Crusher Act:
1473-
14742651 1. "Commission" means the Oklahoma Used Motor Vehicle and
14752652 Parts, Dismantler, and Manufactur ed Housing Commission;
1476-
14772653 2. "Crusher" means a person engaged in the business of crushing
14782654 or shredding used motor vehicles, trailers, or nonm otorized
1479-recreational vehicles; and ENR. H. B. NO. 3271 Page 34
1480-
2655+recreational vehicles; and
14812656 3. "Person" means an individual, partnership, corporation,
14822657 limited liability company, joint venture, trust, association, or any
14832658 other legal entity however organized.
1484-
14852659 SECTION 16. AMENDATORY 47 O.S. 202 1, Section 592.3, is
14862660 amended to read as follows:
1487-
14882661 Section 592.3 A. No person shall engage in business as a
14892662 crusher without first obtaining a license from the Oklahoma Used
14902663 Motor Vehicle and Parts, Dismantler, and Manufactured Housing
14912664 Commission specifically authorizing engagement in such business.
2665+
2666+SENATE FLOOR VERSION - HB3271 SFLR Page 53
2667+(Bold face denotes Committee Amendments) 1
2668+2
2669+3
2670+4
2671+5
2672+6
2673+7
2674+8
2675+9
2676+10
2677+11
2678+12
2679+13
2680+14
2681+15
2682+16
2683+17
2684+18
2685+19
2686+20
2687+21
2688+22
2689+23
2690+24
14922691
14932692 B. A person licensed as a scrap metal dealer in this state who
14942693 is engaged primarily in the business of a scrap metal dealer and who
14952694 crushes vehicles only at its license d scrap metal dealer location
14962695 shall be exempt from the licensing requirements of this act. A
14972696 person licensed as a scrap metal dealer who fails to keep re cords of
14982697 crushed vehicles as required by the Scrap Metal Dealers Act shall
14992698 not be entitled to the exem ption herein. Any crusher who is an
15002699 independent contractor employed to crush vehicles for a scrap metal
15012700 dealer shall not be exempt from the requirements of this act. Any
15022701 law enforcement officer or employee of the Used Motor Vehicle and
15032702 Parts Commission shall be authorized to inspect the record s of any
15042703 licensed scrap metal dealer pertaining to crushed vehicles to verify
15052704 compliance with this provision.
1506-
15072705 SECTION 17. AMENDATORY 4 7 O.S. 2021, Section 592.9, is
15082706 amended to read as follows:
1509-
15102707 Section 592.9 A. Rulemaking Power . The Oklahoma Used Motor
15112708 Vehicle and Parts, Dismantler, and Manufactured Housing Commission
15122709 may adopt, amend and re peal such rules as are necessary for the
15132710 enforcement of the provisions of the Ok lahoma Crusher Act and
15142711 consistent with its provisions.
1515-
15162712 B. Criminal Penalties.
1517-
15182713 1. Any person who engages in the business of operating as a
15192714 crusher without first obtaining the license prescribed in the
15202715 Oklahoma Crusher Act or any person who receives, obtai ns or
2716+
2717+SENATE FLOOR VERSION - HB3271 SFLR Page 54
2718+(Bold face denotes Committee Amendments) 1
2719+2
2720+3
2721+4
2722+5
2723+6
2724+7
2725+8
2726+9
2727+10
2728+11
2729+12
2730+13
2731+14
2732+15
2733+16
2734+17
2735+18
2736+19
2737+20
2738+21
2739+22
2740+23
2741+24
2742+
15212743 possesses and crushes any vehicle or other property which the person
15222744 knows to be subject to an outstanding lien shall be guilty of a
1523-misdemeanor and upon conviction there of shall be punished by a fine ENR. H. B. NO. 3271 Page 35
2745+misdemeanor and upon conviction there of shall be punished by a fine
15242746 not in excess of One Thousand Dollars ($1,000.00) , by confinement in
15252747 the county jail for not more than six (6) months, or by bot h.
1526-
15272748 2. Any person who engages in the business of operating as a
15282749 crusher without first obtaining t he license prescribed in the
15292750 Oklahoma Crusher Act and who receives, obtains or p ossesses any
15302751 vehicle or other property which he or she knows to be stolen shall
15312752 be guilty of a felony offense of receiving, obtaining or possessing
15322753 stolen property and, upon co nviction, shall be subject to the
15332754 penalties which may be imposed for such crime.
1534-
15352755 3. Any person selling a vehicle or other property to a crusher
15362756 who uses false or altered identification or makes a false
15372757 declaration of ownership or lien status as related to the provisions
15382758 of the Oklahoma Crusher Act shall be guilty of a felony, and upo n
15392759 conviction shall be punished by imprisonment in the custody of the
15402760 Department of Corrections for a term of not more than five (5)
15412761 years, or in the county jail for a term of n ot more than one (1)
15422762 year, or by a fine not exceeding One Thousand Dollars ($1,0 00.00),
15432763 or by both such fine and imprisonment.
1544-
15452764 4. Any person who fails to repa y a crusher the full amount
15462765 received from the sale of a vehicle or other property after being
15472766 officially notified by a peace officer or the Commission that the
2767+
2768+SENATE FLOOR VERSION - HB3271 SFLR Page 55
2769+(Bold face denotes Committee Amendments) 1
2770+2
2771+3
2772+4
2773+5
2774+6
2775+7
2776+8
2777+9
2778+10
2779+11
2780+12
2781+13
2782+14
2783+15
2784+16
2785+17
2786+18
2787+19
2788+20
2789+21
2790+22
2791+23
2792+24
2793+
15482794 vehicle or other property the person sold to the crusher was stolen
15492795 shall be guilty of a misdeme anor and upon conviction shall be
15502796 punished by imprisonment in the county jail for a term of not t o
15512797 exceed six (6) months, or a fine not to exceed One Thousand Dollars
15522798 ($1,000.00), or by both such fine and imprisonment.
1553-
15542799 C. Injunctive Action. The Commissio n may institute, in the
15552800 name of the State of Oklahoma ex rel. Oklahoma Used Motor Vehicle
15562801 and Parts, Dismantler, and Manufactured Housing Commission, any
15572802 necessary action to enjoin any person, firm, or corporation f rom
15582803 engaging in the business of a crusher without a license, or for any
15592804 violations of this act. An injunction shall is sue without the
15602805 requirement of a bond of any kind from th e state. The venue of any
15612806 action authorized by this section shall be in the cou nty wherein the
15622807 business activity complai ned of is conducted.
1563-
15642808 SECTION 18. AMENDATORY 47 O.S. 2 021, Section 592.10, is
15652809 amended to read as follows:
1566-
15672810 Section 592.10 The Oklahoma Used Motor Vehicle and Parts,
1568-Dismantler, and Manufactured Housing Commission may deny an ENR. H. B. NO. 3271 Page 36
2811+Dismantler, and Manufactured Housing Commission may deny an
15692812 application for a license, impose a fine not to exceed One Thou sand
15702813 Dollars ($1,000.00) per occurrence, or revo ke or suspend a license
15712814 after it has been granted, when any pro vision of this act is
15722815 violated or for any of the following reasons:
1573-
15742816 1. On satisfactory p roof of unfitness of the applicant or
15752817 licensee, as the case may be;
15762818
2819+SENATE FLOOR VERSION - HB3271 SFLR Page 56
2820+(Bold face denotes Committee Amendments) 1
2821+2
2822+3
2823+4
2824+5
2825+6
2826+7
2827+8
2828+9
2829+10
2830+11
2831+12
2832+13
2833+14
2834+15
2835+16
2836+17
2837+18
2838+19
2839+20
2840+21
2841+22
2842+23
2843+24
2844+
15772845 2. For fraud practices or any mater ial misstatement made by an
15782846 applicant in any application for li censure pursuant to this act;
1579-
15802847 3. For willful failure to comply with any provisions of th is
15812848 act or with any rule promulgated by the Commission pu rsuant to this
15822849 act;
1583-
15842850 4. Change of condition afte r license is granted resulting in
15852851 failure to maintain the quali fications for license;
1586-
15872852 5. Continued or flagrant violation of any of the rules of the
15882853 Commission promulgated pursuant to this act; or
1589-
15902854 6. Being a crusher or shredder who:
1591-
15922855 a. has committed any unlawful act which resulted in the
15932856 revocation of any similar lic ense in this state or
15942857 another state,
1595-
15962858 b. has been convicted of a crime involving moral
15972859 turpitude,
1598-
15992860 c. has committed a fraudulent act in buying, sel ling or
16002861 otherwise dealing in used motor vehicles , trailers, or
16012862 nonmotorized vehicles to be crushed or shredded, or
16022863 disposed of as crushed or shredded,
1603-
16042864 d. has engaged in business under a past or presen t
16052865 license in such a manner as to cause injury to the
16062866 public or to those with whom the licensee is dealin g,
16072867 or
16082868
2869+SENATE FLOOR VERSION - HB3271 SFLR Page 57
2870+(Bold face denotes Committee Amendments) 1
2871+2
2872+3
2873+4
2874+5
2875+6
2876+7
2877+8
2878+9
2879+10
2880+11
2881+12
2882+13
2883+14
2884+15
2885+16
2886+17
2887+18
2888+19
2889+20
2890+21
2891+22
2892+23
2893+24
2894+
16092895 e. has failed to meet or maintain the conditions and
16102896 requirements necessary to qualify for the issuance of
16112897 a license.
1612- ENR. H. B. NO. 3271 Page 37
16132898 SECTION 19. AMENDATORY 47 O.S. 2021, Section 1102, is
16142899 amended to read as follows :
1615-
16162900 Section 1102. As used in the Oklahoma Vehicle License a nd
16172901 Registration Act:
1618-
16192902 1. "All-terrain vehicle" means a vehicle manufactured and used
16202903 exclusively for off-highway use traveling on four or more non-
16212904 highway tires, and being fif ty (50) inches or less in width;
1622-
16232905 2. "Carrying capacity" means the carrying capac ity of a vehicle
16242906 as determined or declar ed in tons of cargo or pa yload by the owner;
16252907 provided, that such declared capacity shall not be less than the
16262908 minimum tonnage capacity fixed, listed or advertised by the
16272909 manufacturer of any vehicle;
1628-
16292910 3. "Certificate of title" means a document which is pro of of
16302911 legal ownership of a motor vehicle as described and provided for in
16312912 Section 1105 of this title;
1632-
16332913 4. "Chips and oil" or the term "road oil and crushed rock"
16342914 means, with respect to m aterials authorized for use in the surfacing
16352915 of roads or highways in this title or in any equiva lent statute
16362916 pertaining to road or highw ay surfacing in the State of Oklahoma,
16372917 any asphaltic materials . Wherever chips and oil or road oil and
16382918 crushed rock are authorized for use in the surf acing of roads or
2919+
2920+SENATE FLOOR VERSION - HB3271 SFLR Page 58
2921+(Bold face denotes Committee Amendments) 1
2922+2
2923+3
2924+4
2925+5
2926+6
2927+7
2928+8
2929+9
2930+10
2931+11
2932+12
2933+13
2934+14
2935+15
2936+16
2937+17
2938+18
2939+19
2940+20
2941+21
2942+22
2943+23
2944+24
2945+
16392946 highways in this sta te, whether by the Departme nt of Transportation,
16402947 or by the county commissioners, or other road building authority
16412948 subject to the Oklahoma Vehicle License and Registration Act,
16422949 asphaltic materials are also authorized fo r use in such surfacing
16432950 and construction;
1644-
16452951 5. "Combined laden weight" means the weight of a truck or
16462952 station wagon and its cargo or payload transported thereon, or the
16472953 weight of a truck or truck-tractor plus the weight of any trailers
16482954 or semitrailers toget her with the cargo or payload transpo rted
16492955 thereon;
1650-
16512956 6. "Commercial trailer" means any trailer, as defined in
16522957 Section 1-180 of this title, or semitrailer, as defined in Section
16532958 1-162 of this title, when such trailer or semitra iler is used
16542959 primarily for business or commercial purposes;
1655- ENR. H. B. NO. 3271 Page 38
16562960 7. "Commercial trailer dealer " means any person, firm or
16572961 corporation engaged in the business of selling any new and unused,
16582962 or used, or both new and used commercial trailers;
1659-
16602963 8. "Commercial vehicle" means any vehicle over eig ht thousand
16612964 (8,000) pounds combine d laden weight used primarily f or business or
16622965 commercial purposes. Each motor vehicle being registered pursuant
16632966 to the provisions of this se ction shall have the name of the
16642967 commercial establishment or the words "Commercial Vehicle"
16652968 permanently and promine ntly displayed upon the outside of the
16662969 vehicle in letters not less than two (2) inches high. Such letters
2970+
2971+SENATE FLOOR VERSION - HB3271 SFLR Page 59
2972+(Bold face denotes Committee Amendments) 1
2973+2
2974+3
2975+4
2976+5
2977+6
2978+7
2979+8
2980+9
2981+10
2982+11
2983+12
2984+13
2985+14
2986+15
2987+16
2988+17
2989+18
2990+19
2991+20
2992+21
2993+22
2994+23
2995+24
2996+
16672997 shall be in sharp contrast to the background and shall be of
16682998 sufficient shape and co lor as to be readily legible du ring daylight
16692999 hours, from a distan ce of fifty (50) feet while the vehicle is not
16703000 in motion;
1671-
16723001 9. "Commission" or "Tax Commission" means the Oklahoma Tax
16733002 Commission;
1674-
16753003 10. "Construction machinery" means machines or devices drawn as
16763004 trailers which are designed and used for construction, tree trimming
16773005 and waste maintenance p rojects, which derive no revenue from th e
16783006 transportation of persons or property, whose use of the highway is
16793007 only incidental and which are not mounted or affixe d to another
16803008 vehicle; provided, construction machinery shall no t include
16813009 implements of husbandry as defined in Section 1 -125 of this title;
1682-
16833010 11. "Dealer" means any person, firm, association, corporation
16843011 or trust who sells, solicits or advertises the sale o f new and
16853012 unused motor vehicles and holds a bona fide contract or franchise in
16863013 effect with a manufacturer or distributor of a particular make of
16873014 new or unused motor vehicle or vehicles for the sale of same;
1688-
16893015 12. "Mini-truck" means a foreign-manufactured import or
16903016 domestic-manufactured vehicle powered by an internal combustion
16913017 engine with a piston or rotor displacement of one thousand cubic
16923018 centimeters (1,000 cc) or less, which is sixty-seven (67) inches or
16933019 less in width, with an unladen dry weight of three thousand four
16943020 hundred (3,400) pounds or less, traveling on fo ur or more tires,
3021+
3022+SENATE FLOOR VERSION - HB3271 SFLR Page 60
3023+(Bold face denotes Committee Amendments) 1
3024+2
3025+3
3026+4
3027+5
3028+6
3029+7
3030+8
3031+9
3032+10
3033+11
3034+12
3035+13
3036+14
3037+15
3038+16
3039+17
3040+18
3041+19
3042+20
3043+21
3044+22
3045+23
3046+24
3047+
16953048 having a top speed of approximately fifty -five (55) miles per hour,
16963049 equipped with a bed or compartment for hauling, and having an
16973050 enclosed passenger cab;
1698- ENR. H. B. NO. 3271 Page 39
16993051 13. "Interstate commerce" means any commerce moving b etween any
17003052 place in a state and any place in another state or bet ween places in
17013053 the same state through an other state;
1702-
17033054 14. "Laden weight" means the combined weight of a vehicl e when
17043055 fully equipped for use and the cargo or pay load transported thereon;
17053056 provided, that in no event shall the laden weight be less than the
17063057 unladen weight of the vehicle fully equippe d for use, plus the
17073058 manufacturer's rated carrying capacity;
1708-
17093059 15. "Local authorities" means every county, municipality or
17103060 local board or body having aut hority to adopt police regu lations
17113061 under the Constitution and law s of this state;
1712-
17133062 16. "Low-speed electrical vehicle" means any four-wheeled
17143063 electrical vehicle that is powered by an electric motor that draws
17153064 current from rechargeable storage batteries or o ther sources of
17163065 electrical current and whose top speed is greater than twenty (20)
17173066 miles per hour but not greater than twenty-five (25) miles per hour
17183067 and is manufactured in c ompliance with the National Highway Traffic
17193068 Safety Administration standards for l ow-speed vehicles in 49 C. F.R.
17203069 571.500;
1721-
17223070 17. "Manufactured home" means a residential dwelling built in
17233071 accordance with the National Manufactured Housing Construction and
3072+
3073+SENATE FLOOR VERSION - HB3271 SFLR Page 61
3074+(Bold face denotes Committee Amendments) 1
3075+2
3076+3
3077+4
3078+5
3079+6
3080+7
3081+8
3082+9
3083+10
3084+11
3085+12
3086+13
3087+14
3088+15
3089+16
3090+17
3091+18
3092+19
3093+20
3094+21
3095+22
3096+23
3097+24
3098+
17243099 Safety Standards Act of 1974, 42 U.S.C., Section 5401 e t seq., and
17253100 rules promulgated pursuant thereto and the r ules promulgated by the
17263101 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
17273102 Housing Commission pursuant to Section 582 of this title .
17283103 Manufactured home sha ll not mean a park model rec reational vehicle
17293104 as defined in this section;
1730-
17313105 18. "Manufactured home dealer " means any person, firm or
17323106 corporation engaged in the busine ss of selling any new and unused,
17333107 or used, or both new and used manufa ctured homes. Such information
17343108 and a valid franchise letter as proof of authori zation to sell any
17353109 such new manufactured home product line or lines shall be attached
17363110 to the application f or a dealer license to sell manufactured homes.
17373111 "Manufactured home de aler" shall not include any person, firm or
17383112 corporation who sells or contracts f or the sale of the dealer 's own
17393113 personally titled manufactured home or homes. No person, firm or
17403114 corporation shall be considered a manufactured home dealer as to any
17413115 manufactured home purchased or acquired by such person, fi rm or
17423116 corporation for purposes other than resale; provided, that the
1743-restriction set forth in this sentence shall not prevent an ENR. H. B. NO. 3271 Page 40
3117+restriction set forth in this sentence shall not prevent an
17443118 otherwise qualified person, firm or corporation from utilizing a
17453119 single manufactured home as a sale s office;
1746-
17473120 19. "Medium-speed electrical vehicle" means any self-propelled,
17483121 electrically powered four -wheeled motor vehicle, equipped with a
17493122 roll cage or crush-proof body design, whose speed attainable in one
3123+
3124+SENATE FLOOR VERSION - HB3271 SFLR Page 62
3125+(Bold face denotes Committee Amendments) 1
3126+2
3127+3
3128+4
3129+5
3130+6
3131+7
3132+8
3133+9
3134+10
3135+11
3136+12
3137+13
3138+14
3139+15
3140+16
3141+17
3142+18
3143+19
3144+20
3145+21
3146+22
3147+23
3148+24
3149+
17503150 (1) mile is more than thirt y (30) miles per hour but not greater
17513151 than thirty-five (35) miles per hour;
1752-
17533152 20. "Motor license agent" means any person appointed,
17543153 designated or authorized by the Oklahoma Tax Commission to collect
17553154 the fees and to enforce the provisions provided for in the Oklahoma
17563155 Vehicle License and Registration Act;
1757-
17583156 21. "New vehicle" or "unused vehicle" means a vehicle which has
17593157 been in the possession of the manufacturer, distributor or
17603158 wholesaler or has been sold only by the manufacturer, distributor or
17613159 wholesaler to a dealer;
1762-
17633160 22. "Nonresident" means any person who is not a resident of
17643161 this state;
1765-
17663162 23. "Off-road motorcycle" means any motorcycle, as def ined in
17673163 Section 1-135 of this title, when such mo torcycle has been
17683164 manufactured for and used exclusively off roads, hig hways and any
17693165 other paved surfaces;
1770-
17713166 24. "Owner" means any person owning, operat ing or possessing
17723167 any vehicle herein defined;
1773-
17743168 25. "Park model recreational vehicle" means a vehicle that is:
1775-
17763169 a. designed and marketed as temporary living quarters for
17773170 camping, recreational, season al or travel use,
1778-
17793171 b. not permanently affixed to real proper ty for use as a
17803172 permanent dwelling,
3173+
3174+SENATE FLOOR VERSION - HB3271 SFLR Page 63
3175+(Bold face denotes Committee Amendments) 1
3176+2
3177+3
3178+4
3179+5
3180+6
3181+7
3182+8
3183+9
3184+10
3185+11
3186+12
3187+13
3188+14
3189+15
3190+16
3191+17
3192+18
3193+19
3194+20
3195+21
3196+22
3197+23
3198+24
17813199
17823200 c. built on a single chassis mounted on wheels with a
17833201 gross trailer area not exceeding four hundred (400)
17843202 square feet in the setup mode, and
1785-
17863203 d. certified by the manufacturer as complying wi th
17873204 standard A119.5 of the Ameri can National Standards
1788-Institute, Inc.; ENR. H. B. NO. 3271 Page 41
1789-
3205+Institute, Inc.;
17903206 26. "Person" means any individual, copartner, joint venture,
17913207 association, corporation, limited liability company, estate, trust,
17923208 business trust, syndicate, the State of Oklahoma, or an y county,
17933209 city, municipality, s chool district or other political subdivision
17943210 thereof, or any group or combination acting as a unit, or an y
17953211 receiver appointed by the state or federal court;
1796-
17973212 27. "Rebodied vehicle" means a vehicle:
1798-
17993213 a. which has been assemble d using a new body or new major
18003214 component which is of the identical type as the
18013215 original vehicle and is licensed by the manufacturer
18023216 of the original vehicle and other original, new or
18033217 reconditioned parts. For purposes of this p aragraph,
18043218 "new body or new major component" means a new body,
18053219 cab, frame, front end clip or rear end clip,
1806-
18073220 b. which is not a salvage, rebuilt, or junked vehicle as
18083221 defined by paragraph 1, 2, or 6 of subsection A of
18093222 Section 1105 of this title, and
18103223
3224+SENATE FLOOR VERSION - HB3271 SFLR Page 64
3225+(Bold face denotes Committee Amendments) 1
3226+2
3227+3
3228+4
3229+5
3230+6
3231+7
3232+8
3233+9
3234+10
3235+11
3236+12
3237+13
3238+14
3239+15
3240+16
3241+17
3242+18
3243+19
3244+20
3245+21
3246+22
3247+23
3248+24
3249+
18113250 c. for which the Tax Commission has a ssigned or will
18123251 assign a new identifying number;
1813-
18143252 28. "Recreational off-highway vehicle" means a vehicle
18153253 manufactured and used exclusivel y for off-highway use, traveling on
18163254 four or more non-highway tires, and being sixty-five (65) inches or
18173255 less in width;
1818-
18193256 29. "Recreational vehicle " means every vehicle which is built
18203257 on or permanently attached to a se lf-propelled motor chassis or
18213258 chassis cab which becomes an integral part of the completed vehicle
18223259 and is capable of being operated on the highways. In order to
18233260 qualify as a recreational veh icle pursuant to this paragraph such
18243261 vehicle shall be permanently constructed and equipped for human
18253262 habitation, having its own sleeping and kitchen facilities,
18263263 including permanently affixed cookin g facilities, water tanks an d
18273264 holding tank with permanent t oilet facilities. Recreational vehicle
18283265 shall not include manufact ured homes or any vehicle with portable
18293266 sleeping, toilet and kitchen facilities which are designed to be
18303267 removed from such vehicle. Recreational vehicle shall include park
18313268 model recreational vehicles as defined in this section;
1832- ENR. H. B. NO. 3271 Page 42
18333269 30. "Remanufactured vehicl e" means a vehicle which has been
18343270 assembled by a vehicle remanufacturer using a new body and which may
18353271 include original, reconditio ned, or remanufactured parts , and which
18363272 is not a salvage, rebuilt, or junked vehicle as defined by
3273+
3274+SENATE FLOOR VERSION - HB3271 SFLR Page 65
3275+(Bold face denotes Committee Amendments) 1
3276+2
3277+3
3278+4
3279+5
3280+6
3281+7
3282+8
3283+9
3284+10
3285+11
3286+12
3287+13
3288+14
3289+15
3290+16
3291+17
3292+18
3293+19
3294+20
3295+21
3296+22
3297+23
3298+24
3299+
18373300 paragraphs 1, 2, and 6, re spectively, of subsection A of Section
18383301 1105 of this title;
1839-
18403302 31. "Rental trailer" means all small or utility tr ailers or
18413303 semitrailers constructed and suitable f or towing by a passenger
18423304 automobile and designed only for carrying proper ty, when the
18433305 trailers or semitrailers are owned by, or are in th e possession of,
18443306 any person engaged in renting or leasing such trailer s or
18453307 semitrailers for intrastate or interstate us e or combined intrastate
18463308 and interstate use;
1847-
18483309 32. "Special mobilized mac hinery" means special purpose
18493310 machines or devices, either self -propelled or drawn as trailers or
18503311 semitrailers, which derive no revenue from the transportati on of
18513312 persons or property, w hose use of the highway is only incidental,
18523313 and whose useful revenue pro ducing service is perform ed at
18533314 destinations in an area away from the traveled surface of an
18543315 established open highway;
1855-
18563316 33. "State" means the State of Oklahoma;
1857-
18583317 34. "Station wagon" means any passenger vehicle which does not
18593318 have a separate luggage compar tment or trunk and which do es not have
18603319 open beds, and has one or mo re rear seats readily lifted out or
18613320 folded, whether same is called a s tation wagon or ranch wagon;
1862-
18633321 35. "Street-legal utility vehicle" means a vehicle meeting the
18643322 description and specifica tions of Section 1 1-171.1 of this act
18653323 title;
3324+
3325+SENATE FLOOR VERSION - HB3271 SFLR Page 66
3326+(Bold face denotes Committee Amendments) 1
3327+2
3328+3
3329+4
3330+5
3331+6
3332+7
3333+8
3334+9
3335+10
3336+11
3337+12
3338+13
3339+14
3340+15
3341+16
3342+17
3343+18
3344+19
3345+20
3346+21
3347+22
3348+23
3349+24
18663350
18673351 36. "Travel trailer" means any vehicular portable structure
18683352 built on a chassis, used as a te mporary dwelling for travel,
18693353 recreational or vacational use, a nd, when factory-equipped for the
18703354 road, it shall have a body width n ot exceeding eight (8) feet a nd an
18713355 overall length not exceeding forty (40) feet, including the hitch or
18723356 coupling;
1873-
18743357 37. "Travel trailer dealer" means any person, firm or
18753358 corporation engaged in the business of selling any new and unused,
18763359 or used, or both new and used travel trailers . Such information and
1877-a valid franchise letter as proof of authorization to sell any such ENR. H. B. NO. 3271 Page 43
3360+a valid franchise le tter as proof of authorization to sell any such
18783361 new travel trailer product line or lines sh all be attached to the
18793362 application for a dealer license to sell travel trailers. "Travel
18803363 trailer dealer" shall not include any person, firm or corporation
18813364 who sells or contracts for the sale of his or her own personally
18823365 titled travel trailer or trailers. No person, firm or corporat ion
18833366 shall be considered as a tr avel trailer dealer as to any travel
18843367 trailer purchased or acquired by such person, firm or corporation
18853368 for purposes other than resale;
1886-
18873369 38. "Used motor vehicle dea ler" means "used motor vehicle
18883370 dealer" as defined in Section 5 81 of this title;
1889-
18903371 39. "Used vehicle" means any vehicle which has been sold,
18913372 bargained, exchanged or given away, or used to the extent th at it
18923373 has become what is commonly known, and generally re cognized, as a
18933374 "secondhand" vehicle. This shall also include any vehicle other
3375+
3376+SENATE FLOOR VERSION - HB3271 SFLR Page 67
3377+(Bold face denotes Committee Amendments) 1
3378+2
3379+3
3380+4
3381+5
3382+6
3383+7
3384+8
3385+9
3386+10
3387+11
3388+12
3389+13
3390+14
3391+15
3392+16
3393+17
3394+18
3395+19
3396+20
3397+21
3398+22
3399+23
3400+24
3401+
18943402 than a remanufactured vehicle, regardless of ag e, owned by any
18953403 person who is not a dealer;
1896-
18973404 40. "Utility vehicle" means a vehicle powered by an internal
18983405 combustion engine, manu factured and used exclusively for off-highway
18993406 use, equipped with seating for two or more peop le and a steering
19003407 wheel, traveling on four or more wheels;
1901-
19023408 41. "Vehicle" means any type of conveyance or device in, upon
19033409 or by which a person or property is or ma y be transported from one
19043410 location to another upon the avenues of public access within the
19053411 state. "Vehicle" does not include bicycles, trailers except travel
19063412 trailers and rental trailers, or impleme nts of husbandry as defined
19073413 in Section 1-125 of this title. All implements of husbandry us ed as
19083414 conveyances shall be r equired to display the owner 's driver license
19093415 number or license plate number of any vehicle owned by the owner of
19103416 the implement of husban dry on the rear of the implement in numbers
19113417 not less than two (2) inches in height. The use of the owner's
19123418 Social Security number on the rear of the implement of husbandry
19133419 shall not be required; and
1914-
19153420 42. "Vehicle remanufacturer" means a commercial entity which
19163421 assembles remanufactured vehicles.
1917-
19183422 SECTION 20. AMENDATORY 4 7 O.S. 2021, Section 1107, is
19193423 amended to read as follows:
1920-
19213424 Section 1107. A. In the event of the sale or transfer of t he
1922-ownership of a vehicle for whi ch a certificate of title has been ENR. H. B. NO. 3271 Page 44
3425+ownership of a vehicle for which a certificate of title has been
3426+
3427+SENATE FLOOR VERSION - HB3271 SFLR Page 68
3428+(Bold face denotes Committee Amendments) 1
3429+2
3430+3
3431+4
3432+5
3433+6
3434+7
3435+8
3436+9
3437+10
3438+11
3439+12
3440+13
3441+14
3442+15
3443+16
3444+17
3445+18
3446+19
3447+20
3448+21
3449+22
3450+23
3451+24
3452+
19233453 issued as provided by Section 1105 of this title, the holder of such
19243454 certificate shall endorse on t he back of same a complete assi gnment
19253455 thereof with warranty of title in form printed ther eon with a
19263456 statement of all liens or encumbrances on the vehicle, sworn to
19273457 before a notary public or some other person authorized by law to
19283458 take acknowledgments, and d eliver same to the purchaser or
19293459 transferee at the time of delivery to the purchaser or tr ansferee of
19303460 the vehicle; provided, a transfer of the ownership of a vehicle to
19313461 an insurer resulting from the settlement of a total l oss claim shall
19323462 not require a notarized signature on the certifica te of title. The
19333463 purchaser or transferee, unless such per son is a bona fide used
19343464 motor vehicle dealer licensed by this state, a retail implement
19353465 dealer in connection with the purchase or tr ansfer of off-road
19363466 vehicles or a charitable organization shall, wi thin thirty (30) days
19373467 from the time of delivery to the pur chaser or transferee of the
19383468 vehicle, present the assigned certificate of title and the insurance
19393469 security verification to the vehicl e to the Oklahoma Tax Commission,
19403470 or one of its motor license agen ts, accompanied by a fee of Eleven
19413471 Dollars ($11.00), toget her with any motor vehicle excise tax or
19423472 license fee that may be due, whereupon a new certificate of titl e,
19433473 shall be issued to the a ssignee. One Dollar ($1.00) of eac h fee
19443474 shall be deposited in the Oklahoma Tax Commission Reimbursement
19453475 Fund. Any charitable organization utilizing the exempti on
19463476 authorized by this subsection shall receive training as prescribe d
3477+
3478+SENATE FLOOR VERSION - HB3271 SFLR Page 69
3479+(Bold face denotes Committee Amendments) 1
3480+2
3481+3
3482+4
3483+5
3484+6
3485+7
3486+8
3487+9
3488+10
3489+11
3490+12
3491+13
3492+14
3493+15
3494+16
3495+17
3496+18
3497+19
3498+20
3499+21
3500+22
3501+23
3502+24
3503+
19473504 by the Oklahoma Used Motor Vehic le and Parts, Dismantler, and
19483505 Manufactured Housing Commission.
1949-
19503506 B. A licensed dealer, a retail implement dealer in con nection
19513507 with the sale or disposal of off-road vehicles or a charitable
19523508 organization shall, on selling or otherwise disposing of a vehicle ,
19533509 execute and deliver to the purchaser thereof the certifica te of
19543510 title properly and completely reassigned. Thereupon, the purchaser
19553511 of the vehicle shall p resent the reassigned certificate to the
19563512 Commission, or a motor lic ense agent, accompanied by a fee of Eleven
19573513 Dollars ($11.00), and any motor vehicle excise tax or license fee
19583514 that may be due, whereupon a new certificat e of title will be issued
19593515 to the purchaser. One Dollar ($1.00) of each fee shall be deposited
19603516 in the Oklahoma Tax Commission Reimburseme nt Fund. The certificate,
19613517 when so assigned and returned to the Commission, together with any
19623518 subsequent assignment or reissue thereof, shall be appropriate ly
19633519 filed and indexed so that at all times it will be possible to tr ace
19643520 title to the vehicle designat ed therein. Provided, when t he
19653521 ownership of any motor vehic le shall pass by operation of law, the
19663522 person owning the ve hicle may, upon furnishing satisfacto ry proof to
1967-the Commission of ownership, procure a title to the mot or vehicle, ENR. H. B. NO. 3271 Page 45
3523+the Commission of ownership, procure a title to the mot or vehicle,
19683524 regardless of whether a certificate of title has e ver been issued.
19693525 The dealer shall execute and deliver to the purchaser bills of sale
19703526 on forms prescribed by the Commission for all new vehicles sold by
19713527 the dealer. On presentation of a bill of sale executed on forms
3528+
3529+SENATE FLOOR VERSION - HB3271 SFLR Page 70
3530+(Bold face denotes Committee Amendments) 1
3531+2
3532+3
3533+4
3534+5
3535+6
3536+7
3537+8
3538+9
3539+10
3540+11
3541+12
3542+13
3543+14
3544+15
3545+16
3546+17
3547+18
3548+19
3549+20
3550+21
3551+22
3552+23
3553+24
3554+
19723555 prescribed by the Commission, by a man ufacturer or dealer for a new
19733556 vehicle sold in this state, accompanied by remittance in the sum of
19743557 Eleven Dollars ($11.00), toge ther with any motor vehicle excise tax
19753558 or license fee that may be d ue, a certificate of title shall be
19763559 issued in accordance with the provisions of the Oklahoma Vehicle
19773560 License and Registration Act. One Dollar ($1.00) o f each fee shall
19783561 be deposited in the Oklahoma Tax Commission Reimbursement Fund. For
19793562 purposes of this subsection, "charitable organizati on" shall mean
19803563 any organization which is exempt from taxatio n pursuant to the
19813564 provisions of the Internal Revenue Code, 26 U.S.C., Section
19823565 501(c)(3) and which is registered as a charitable organization with
19833566 the Oklahoma Secretary of State and the Oklahoma A ttorney General's
19843567 office; "off-road vehicles" means all-terrain vehicles, utility
19853568 vehicles, and motorcycles used exclus ively for off-road use; "retail
19863569 implement dealer" means a business engaged primarily in the sale of
19873570 farm tractors as defined in Section 1 -118 of this title or
19883571 implements of husbandry as defined in Section 1-125 of this title or
19893572 a combination thereof.
1990-
19913573 C. Any person violating the provisions of this section shall be
19923574 guilty of a misdemeanor and upon the first c onviction thereof shall
19933575 be punished by a fine not to exceed Fi ve Hundred Dollars ($500.00),
19943576 with impoundment of the vehicle until all taxes and fees are paid.
19953577 A second or subsequent convic tion shall be punished by a fine not to
19963578 exceed One Thousand Dollars ($1,000.00), with impoundment of the
3579+
3580+SENATE FLOOR VERSION - HB3271 SFLR Page 71
3581+(Bold face denotes Committee Amendments) 1
3582+2
3583+3
3584+4
3585+5
3586+6
3587+7
3588+8
3589+9
3590+10
3591+11
3592+12
3593+13
3594+14
3595+15
3596+16
3597+17
3598+18
3599+19
3600+20
3601+21
3602+22
3603+23
3604+24
3605+
19973606 vehicle until all taxes and fees are paid. If a vehicl e is
19983607 impounded pursuant to the provisions of this section, the vehicle
19993608 shall not be released to the owner until the owner provides proof of
20003609 security or an affidavi t that the vehicle will not be us ed on public
20013610 highways or public streets, as required pursuan t to Section 7-600 et
20023611 seq. of this title. Each vehicle inv olved in a violation of this
20033612 section shall be considered a separate offense.
2004-
20053613 SECTION 21. AMENDATORY 47 O.S. 2021 , Section 1128, is
20063614 amended to read as follows:
2007-
20083615 Section 1128. A. Every person manufacturing or having a
20093616 contract to sell new vehicles in this state shall file a verif ied
20103617 application for a general distinctive number for all new vehicles
20113618 owned or controlled by the manufacturer or deale r; provided, the
2012-Oklahoma Tax Commission shall issue a license to sell such new motor ENR. H. B. NO. 3271 Page 46
3619+Oklahoma Tax Commission shall issue a license to sell such new motor
20133620 vehicles only for those types of new vehicles for wh ich the
20143621 applicant has a sales contract or franchise; pro vided, further, that
20153622 no license shall be issued to any applica nt that has not complied
20163623 with the provisions of Sections 561 through 568 of this title and
20173624 does not hold a current license issued by the O klahoma Motor Vehicle
20183625 Commission pursuant thereto. A se parate manufacturer's or dealer's
20193626 license shall be required fo r each separate county within which such
20203627 manufacturer or dealer has an established place of business and upon
20213628 payment of a license fee of Ten Dollars ($10.00) there shall be
20223629 assigned and issued to such manufacturer or dealer a Certificate of
3630+
3631+SENATE FLOOR VERSION - HB3271 SFLR Page 72
3632+(Bold face denotes Committee Amendments) 1
3633+2
3634+3
3635+4
3636+5
3637+6
3638+7
3639+8
3640+9
3641+10
3642+11
3643+12
3644+13
3645+14
3646+15
3647+16
3648+17
3649+18
3650+19
3651+20
3652+21
3653+22
3654+23
3655+24
3656+
20233657 Registration and one license plate which shall be displayed upon
20243658 each vehicle of such manufacturer or dealer when same is operated,
20253659 driven, or displayed on any street, road, or highway, in the same
20263660 manner as hereinbefore provided for vehicles owned by other persons.
20273661 Such a manufacturer or dealer in new vehicles may obtain as many
20283662 additional license plates as may be desired, upon the payment of the
20293663 sum of Ten Dollars ($10.00) for each additional plate; provide d that
20303664 no such license plate issued to any manufacturer or dea ler shall be
20313665 used or displayed upon any secondhand or used vehicle, or upon any
20323666 new vehicle which is used for a service car, or private us e, or for
20333667 hire. Any person, with consent of the dealer, may operate a motor
20343668 vehicle, with the dealer's tag affixed, while contemplating
20353669 purchase, so long as this intent is limited to a consecutive
20363670 seventy-two-hour period, or a weekend. An individual hold ing a
20373671 valid salesman's license issued by the Oklahoma Mo tor Vehicle
20383672 Commission shall not be subject to this limitation . If such person
20393673 also buys and sells used vehicles, he shall, after obtaining his new
20403674 motor vehicle dealer 's license from the Oklahoma Mo tor Vehicle
20413675 Commission, also obtain a used motor vehicle dealer's license, from
20423676 the Oklahoma Used Motor Vehicle and Parts, Dismantler, and
20433677 Manufactured Housing Commission, the cost of which shall be as
20443678 prescribed in Section 1101 et seq. of this title.
2045-
20463679 B. Each dealer and used motor vehicle dealer shall keep a
20473680 record of the purchase and sale o f each motor vehicle he buys o r
3681+
3682+SENATE FLOOR VERSION - HB3271 SFLR Page 73
3683+(Bold face denotes Committee Amendments) 1
3684+2
3685+3
3686+4
3687+5
3688+6
3689+7
3690+8
3691+9
3692+10
3693+11
3694+12
3695+13
3696+14
3697+15
3698+16
3699+17
3700+18
3701+19
3702+20
3703+21
3704+22
3705+23
3706+24
3707+
20483708 sells, which shall show the name of the seller or buyer as the case
20493709 may be, and a complete description of the vehicle purchased or sold,
20503710 and such other information as the Commission may prescr ibe.
2051-
20523711 C. Application for manufac turer's or dealer's license must show
20533712 that such dealer or manufacturer has not violated any of the
20543713 provisions of this section; and such license shall be nonassignable;
20553714 and any such license may be suspended temporarily or rev oked by the
20563715 Commission for viola tion or failure to comply with this section;
2057-provided, the holder of such license shall be given ten (10) days ' ENR. H. B. NO. 3271 Page 47
3716+provided, the holder of such license shall be given ten (10) days '
20583717 notice of hearing to suspend or cancel such license. If any such
20593718 person subject to any of the licenses required in this section fails
20603719 to obtain it when due, a penalty of twe nty-five cents ($0.25) per
20613720 day on each such license shall be charged in the same manner as is
20623721 now provided on delinquent motor vehicle reg istrations, and after a
20633722 period of thirty (30) days such penalty shall be equal to the
20643723 license fee. It shall be the duty of every person licensed to sell
20653724 new or used motor vehicles to advise each purchaser in writing about
20663725 his title requirements and paymen t of any taxes due. Each used
20673726 motor vehicle must displa y a proper Oklahoma license plat e or a used
20683727 dealer's license plate.
2069-
20703728 D. Every person engaged in the business of transporting and
20713729 delivering new or used vehicles by driving, either singly or by
20723730 towbar, saddle mount or full mount method, engaging in drive -away
20733731 operations as defined in Sect ion 3 of Title 85 of the Oklah oma
3732+
3733+SENATE FLOOR VERSION - HB3271 SFLR Page 74
3734+(Bold face denotes Committee Amendments) 1
3735+2
3736+3
3737+4
3738+5
3739+6
3740+7
3741+8
3742+9
3743+10
3744+11
3745+12
3746+13
3747+14
3748+15
3749+16
3750+17
3751+18
3752+19
3753+20
3754+21
3755+22
3756+23
3757+24
3758+
20743759 Statutes, or any combination thereof, from the manufacturer or
20753760 shipper to the dealer or consignee and using the public highways of
20763761 this state shall file with the Commission a verified applic ation for
20773762 in-transit license plates to identify such vehicles. The
20783763 application shall provide for a general distinctive number for all
20793764 vehicles so transported. Upon payment of a license fee of Ten
20803765 Dollars ($10.00) there shall be assigned and issued to suc h person
20813766 one in-transit plate. Such in-transit plate shall be used by such
20823767 person only on vehicles when so transported. Such person may obtain
20833768 as many additional in -transit plates as desired upon pa yment of a
20843769 fee of Ten Dollars ($10.00) for each addition al plate. Provided, a
20853770 used motor vehicle dealer shall use a u sed dealer license plate in
20863771 lieu of the in-transit license plate for transporting a used motor
20873772 vehicle and, in such cases, shall be exempt from making application
20883773 for an in-transit license plate . Provided further, only a pers on
20893774 who possesses a valid motor carrier authority issued by the Federal
20903775 Motor Carrier Safety Administration, or a valid for -hire authority
20913776 issued by the Corporation Comm ission may use the in-transit license
20923777 plates obtained by them as herein authorized for t ransporting new or
20933778 used manufactured homes from one location to another location within
20943779 Oklahoma or from a point in another state to a point in this state.
20953780 Nothing contained in this section shall relieve any person from the
20963781 payment of license fees otherwi se provided by law. When the
20973782 Commission deems it advisable and in the public interest, it may
3783+
3784+SENATE FLOOR VERSION - HB3271 SFLR Page 75
3785+(Bold face denotes Committee Amendments) 1
3786+2
3787+3
3788+4
3789+5
3790+6
3791+7
3792+8
3793+9
3794+10
3795+11
3796+12
3797+13
3798+14
3799+15
3800+16
3801+17
3802+18
3803+19
3804+20
3805+21
3806+22
3807+23
3808+24
3809+
20983810 require the holder of any in -transit license, or any person making
20993811 application therefor, to file a proper surety bond in any amou nt it
21003812 deems proper, not to excee d Ten Thousand Dollars ($10,00 0.00).
2101- ENR. H. B. NO. 3271 Page 48
21023813 E. The Oklahoma Tax Commission shall issue dealer licenses to
21033814 new and used manufactured home dealers, new and used travel trailer
21043815 dealers and new and used commercial trailer dealers.
2105-
21063816 F. All licenses provided for in th is section shall expire on
21073817 December 31 of each year.
2108-
21093818 SECTION 22. AMENDATORY 47 O.S. 2021, Section 1137.1, is
21103819 amended to read as follows:
2111-
21123820 Section 1137.1 A. Except for vehicles, travel trailers or
21133821 commercial trailers which di splay a current Oklahoma license tag ,
21143822 upon the purchase or transfer of ownership of a used motor vehicle,
21153823 travel trailer or commercial trailer, including an out -of-state
21163824 purchase or transfer of the same, to a licensed used motor vehicle
21173825 dealer, wholesale used motor vehicle dealer, used trave l trailer
21183826 dealer or used commercial trailer dealer, subsequently referred to
21193827 in this section as "dealer", the dealer shall affix a used de aler's
21203828 plate visible from the rear of the vehicle, travel trailer or
21213829 commercial trailer. Such license plate shall exp ire on December 31
21223830 of each year. When the vehicle, travel trailer or commercial
21233831 trailer is parked on the dealer 's licensed place of busin ess, it
21243832 shall not be required to have a license plate of any kind affixed.
21253833 A dealer shall obtain from the Oklahoma Ta x Commission at a cost of
3834+
3835+SENATE FLOOR VERSION - HB3271 SFLR Page 76
3836+(Bold face denotes Committee Amendments) 1
3837+2
3838+3
3839+4
3840+5
3841+6
3842+7
3843+8
3844+9
3845+10
3846+11
3847+12
3848+13
3849+14
3850+15
3851+16
3852+17
3853+18
3854+19
3855+20
3856+21
3857+22
3858+23
3859+24
3860+
21263861 Ten Dollars ($10.00) a dealer license plate for demonstrating,
21273862 transporting or any other normal business of a de aler including use
21283863 by an individual holding a valid salesperson's license issued by the
21293864 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufa ctured
21303865 Housing Commission. Any dealer who operates a wrecker or towing
21313866 service licensed pursuant to Sectio ns 951 through 957 of this title
21323867 shall register each wrecker vehicle and display a wrecker license
21333868 plate on each vehicle as required by Section 1134. 3 of this title.
21343869 A dealer may obtain as many additional license plates as may be
21353870 desired upon the payment of Ten Dollars ($10.00) for each additional
21363871 license plate. Use of the used dealer license plate by a licensed
21373872 dealer for other than the purposes as set forth herein shall
21383873 constitute grounds for revocation of the dealer 's license. The
21393874 Oklahoma Tax Commiss ion shall design the official used dealer
21403875 license plate to include the used dealer 's license number issued to
21413876 him or her each year by the Commission or the Oklahoma Used Motor
21423877 Vehicle and Parts, Dismantler, and Manufactured Housing Commission.
2143-
21443878 B. Upon the purchase or transfer of ownership of an out-of-
21453879 state used motor vehicle, travel tra iler or commercial trailer to a
2146-licensed dealer, the dealer shall make application for an Oklahoma ENR. H. B. NO. 3271 Page 49
3880+licensed dealer, the dealer shall make application for an Oklahoma
21473881 certificate of title pursuant to the Oklahoma Vehicle License and
21483882 Registration Act, Section 1101 et seq. of this title. Upon receipt
21493883 of the Oklahoma certifi cate of title, the dealer shall fo llow the
21503884 procedure as set forth in subsection A of this section. Provided,
3885+
3886+SENATE FLOOR VERSION - HB3271 SFLR Page 77
3887+(Bold face denotes Committee Amendments) 1
3888+2
3889+3
3890+4
3891+5
3892+6
3893+7
3894+8
3895+9
3896+10
3897+11
3898+12
3899+13
3900+14
3901+15
3902+16
3903+17
3904+18
3905+19
3906+20
3907+21
3908+22
3909+23
3910+24
3911+
21513912 nothing in this title shall be construed as requiring a dealer to
21523913 register a used motor vehicle, travel trailer or commercial trailer
21533914 purchased in another state which will not be o perated or sold in
21543915 this state.
2155-
21563916 C. Upon sale or transfer of ownership of the used motor vehicle
21573917 or travel trailer, the dealer shall place upon the reassignment
21583918 portion of the certificate of title a tax stamp issued by the county
21593919 treasurer of the county in which the dealer has his or her primary
21603920 place of business. The tax stamp shall be issued upon pay ment of a
21613921 fee of Three Dollars and fifty cents ($3.50) and shall be in lieu of
21623922 the dealer's ad valorem tax on the inventorie s of used motor
21633923 vehicles or travel trailers but shall not relieve any other property
21643924 of the dealer from ad valorem taxation.
2165-
21663925 D. Upon sale of a used motor vehicle or travel trailer to
21673926 another licensed dealer, the selling dealer shall place the tax
21683927 stamp required in subsection C of this sec tion upon the certificate
21693928 of title. The used dealer license plate or wholesale dealer license
21703929 plate shall be removed by the selling deale r. The purchasing dealer
21713930 shall, at time of purchase, place his or her dealer licens e plate on
21723931 the used motor vehicle, travel trailer or commercial t railer as
21733932 provided in subsection A of this section; provided, for v ehicles,
21743933 travel trailers or commercial t railers purchased by a licensed used
21753934 dealer at an auction, in lieu of such placement of the dealer
21763935 license plate, the auction may provide temporary d ocumentation as
3936+
3937+SENATE FLOOR VERSION - HB3271 SFLR Page 78
3938+(Bold face denotes Committee Amendments) 1
3939+2
3940+3
3941+4
3942+5
3943+6
3944+7
3945+8
3946+9
3947+10
3948+11
3949+12
3950+13
3951+14
3952+15
3953+16
3954+17
3955+18
3956+19
3957+20
3958+21
3959+22
3960+23
3961+24
3962+
21773963 approved by the Director of the Motor Vehicle Divis ion of the
21783964 Oklahoma Tax Commission for t he purpose of transporting such vehicle
21793965 to the purchaser's point of destination. Su ch temporary
21803966 documentation shall b e valid for two (2) days follow ing the date of
21813967 sale.
2182-
21833968 E. The purchaser of every used motor vehicle , travel trailer or
21843969 commercial trailer, except as otherwise provided by law, shall
21853970 obtain registration and title for the veh icle or trailer within
21863971 thirty (30) days from the date of purchase of same. It shall be the
21873972 responsibility of the selling dealer to place a temporary license
21883973 plate, in size similar to the permanent Oklahoma license plate but
21893974 of a weatherproof plastic -impregnated substance approved by the
21903975 Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
2191-Housing Commission, upon a used motor ve hicle, travel trailer or ENR. H. B. NO. 3271 Page 50
3976+Housing Commission, upon a used motor vehicle, travel trailer or
21923977 commercial trailer when a transaction is completed for the sal e of
21933978 said vehicle. The temporary license plate under this subsection
21943979 shall be placed at the location provide d for the permanent motor
21953980 vehicle license plate. The temporary license plate shall show th e
21963981 license number which is issued to the dealer each year by the
21973982 Oklahoma Tax Commission or the Oklahoma Used Motor Vehicle and
21983983 Parts, Dismantler, and Manufactured Ho using Commission, the date the
21993984 used motor vehicle, travel trailer or commercial trailer was
22003985 purchased and the company name of the selling dealer. The Oklahoma
22013986 Used Motor Vehicle and Parts, Dismantler, and Manufactured Hou sing
3987+
3988+SENATE FLOOR VERSION - HB3271 SFLR Page 79
3989+(Bold face denotes Committee Amendments) 1
3990+2
3991+3
3992+4
3993+5
3994+6
3995+7
3996+8
3997+9
3998+10
3999+11
4000+12
4001+13
4002+14
4003+15
4004+16
4005+17
4006+18
4007+19
4008+20
4009+21
4010+22
4011+23
4012+24
4013+
22024014 Commission is hereby directed to develop the temporary licen se plate
22034015 design to incorporate these requirements in a manne r that will
22044016 permit law enforcement personnel to readily identify the dealer
22054017 license number and date of the vehicle purchase. The Oklahoma Used
22064018 Motor Vehicle and Parts, Dismantler, and Manufacture d Housing
22074019 Commission is hereby authorized to develop additio nal requirements
22084020 and parameters as deemed appropriate to discourage or prevent
22094021 illegal duplication and use of the temporary licens e plate. Such
22104022 temporary license plate shall be valid for a period of thirty (30)
22114023 days from the date of purchase. Use of the temporary license by a
22124024 dealer for other than the purpose s set forth herein shall constitute
22134025 grounds for revocation of the dealer 's license to conduct business.
22144026 Purchasers of a commercial trailer shall affix the temporary license
22154027 plate to the rear of the c ommercial trailer. The purchaser shall
22164028 display the temporary license plate for a period not to exceed
22174029 thirty (30) days or until r egistration and title are obtained as
22184030 provided in this section.
2219-
22204031 The provisions of this subsection on temporary licenses shall
22214032 apply to nonresidents who purchase a used motor vehicle, travel
22224033 trailer or commercial trailer within this state that is to be
22234034 licensed in another state. The nonresident purchaser shall be
22244035 allowed to operate the vehicle or trailer within the state with a
22254036 temporary license plate for a period not to exceed thirty (30) days
22264037 from date of purchase. Any nonresident purchaser found to be
4038+
4039+SENATE FLOOR VERSION - HB3271 SFLR Page 80
4040+(Bold face denotes Committee Amendments) 1
4041+2
4042+3
4043+4
4044+5
4045+6
4046+7
4047+8
4048+9
4049+10
4050+11
4051+12
4052+13
4053+14
4054+15
4055+16
4056+17
4057+18
4058+19
4059+20
4060+21
4061+22
4062+23
4063+24
4064+
22274065 operating a used motor vehicle, travel trailer or commercial traile r
22284066 within this state after thirty (30) days shall be subject to the
22294067 registration fees of this state upon the same ter ms and conditions
22304068 applying to residents of this state.
2231-
22324069 F. It shall be unlawful for any dealer to procure the
22334070 registration and licensing of any used motor vehicle, travel trailer
22344071 or commercial trailer sold by the dealer or to act as the agent for
22354072 the purchaser in the procurement o f the registration and licensing
2236-of the purchaser's used vehicle, travel trailer or commercial ENR. H. B. NO. 3271 Page 51
4073+of the purchaser's used vehicle, travel trailer or commercial
22374074 trailer. A license of any dealer violating the provision of this
22384075 section may be revoked.
2239-
22404076 G. Dealers following the procedure set forth herein shall not
22414077 be required to register vehicles, travel trailers or comm ercial
22424078 trailers to which this section applies, nor will the regist ration
22434079 fee otherwise required be assessed. Provided, dealer s shall not
22444080 purchase or trade for a used motor vehicle, travel trailer or
22454081 commercial trailer on which the registration therefor ha s been
22464082 expired for a period exceeding thirty (30) days without obt aining
22474083 current registration therefor.
2248-
22494084 H. A nonprofit charit able organization which is exempt from
22504085 taxation pursuant to the provisions of the Internal Revenue Code, 26
22514086 U.S.C., Section 501(c) (3), and which accepts donations of used motor
22524087 vehicles previously titled in Oklahoma to be subsequently
22534088 transferred to anothe r owner, upon the qualifying organization
4089+
4090+SENATE FLOOR VERSION - HB3271 SFLR Page 81
4091+(Bold face denotes Committee Amendments) 1
4092+2
4093+3
4094+4
4095+5
4096+6
4097+7
4098+8
4099+9
4100+10
4101+11
4102+12
4103+13
4104+14
4105+15
4106+16
4107+17
4108+18
4109+19
4110+20
4111+21
4112+22
4113+23
4114+24
4115+
22544116 providing sufficient documentation of i ts tax-exempt status, may
22554117 obtain from the Oklahom a Tax Commission charitable nonprofit
22564118 organization license plates for demonstrating, transporting or test -
22574119 driving donated vehi cles, provided that no organization shall
22584120 possess or use at any one time more tha n eight such plates. The Tax
22594121 Commission shall design distinctive license plates for that purpose.
22604122 The cost for said plates shall be the same as provided in subsection
22614123 A of this section for dealer plates.
2262-
22634124 I. The transfer of owner ship from the vehicle don or to the
22644125 qualifying nonprofit organization descr ibed in subsection H of this
22654126 section shall be made without the pay ment of motor vehicle excise
22664127 tax levied pursuant to Section 2103 of Title 68 of the Oklahoma
22674128 Statutes.
2268-
22694129 SECTION 23. AMENDATORY 68 O.S. 2021, Section 2101, is
22704130 amended to read as follows:
2271-
22724131 Section 2101. For the purpose of this article :
2273-
22744132 1. The term "motor vehicle" means and includes every
22754133 automobile, truck, truck-tractor, all-terrain vehicle, utili ty
22764134 vehicle or any motor bus or any self -propelled vehicle not operated
22774135 or driven upon fixed rails or tracks o r in the air or on water;
2278-
22794136 2. The term "vehicle" means and includes every device in, upon,
2280-or by which any person or property is, or may be, transp orted or ENR. H. B. NO. 3271 Page 52
4137+or by which any person or property is, or may be, transp orted or
22814138 drawn, excepting devices moved by human or animal power, when not
22824139 used upon fixed rails or tracks, o r in the air or on water;
4140+
4141+SENATE FLOOR VERSION - HB3271 SFLR Page 82
4142+(Bold face denotes Committee Amendments) 1
4143+2
4144+3
4145+4
4146+5
4147+6
4148+7
4149+8
4150+9
4151+10
4152+11
4153+12
4154+13
4155+14
4156+15
4157+16
4158+17
4159+18
4160+19
4161+20
4162+21
4163+22
4164+23
4165+24
22834166
22844167 3. The term "low-speed electrical vehicle" means and includes
22854168 any four–wheeled electrical vehicle that is powered by an electric
22864169 motor that draws current from rechargeable storage batteries or
22874170 other sources of electrical current and whose top speed is greater
22884171 than twenty (20) miles per hou r but not greater than twenty -five
22894172 (25) miles per hour and is manufactured in complian ce with the
22904173 National Highway Traffic Safety Administration standards for l ow-
22914174 speed vehicles in 49 C.F.R. 571. 500;
2292-
22934175 4. The term "automobile" means and includes every motor vehicle
22944176 constructed and used solely for the transportation of persons for
22954177 purposes other than for hire or compensation;
2296-
22974178 5. The term "motorcycle" means and includes every motor vehicle
22984179 designed to travel on not more than thre e wheels other than an all -
22994180 terrain vehicle;
2300-
23014181 6. The term "truck" means and includes every motor vehicle
23024182 constructed or used for the transportation of property not falling
23034183 within the definition of truck-tractor, trailer or sem itrailer, as
23044184 herein defined;
2305-
23064185 7. The term "truck-tractor" means and includes every motor
23074186 vehicle of the truck type designed to draw or support the front end
23084187 of a semitrailer;
2309-
23104188 8. The term "trailer" means and includes any vehicle designed
23114189 to be drawn by a truck, tractor or a truck -tractor, but supported
23124190 upon its own wheels;
23134191
4192+SENATE FLOOR VERSION - HB3271 SFLR Page 83
4193+(Bold face denotes Committee Amendments) 1
4194+2
4195+3
4196+4
4197+5
4198+6
4199+7
4200+8
4201+9
4202+10
4203+11
4204+12
4205+13
4206+14
4207+15
4208+16
4209+17
4210+18
4211+19
4212+20
4213+21
4214+22
4215+23
4216+24
4217+
23144218 9. The term "semitrailer" means and includes any vehicle
23154219 designed to be attac hed to, and having its front end supported by a
23164220 truck, tractor, or truck -tractor;
2317-
23184221 10. The term "motor bus" means and includes every motor v ehicle
23194222 constructed so as to ca rry persons, and which is used or rented to
23204223 carry persons for compensation;
2321-
23224224 11. The term "manufactured home" means a residential dwelling
23234225 built in accordance w ith the National Manufactured Housi ng
23244226 Construction and Safety Stan dards Act of 1974, 42 U.S.C., Section
2325-5401 et seq., and rules promulga ted pursuant thereto and the rules ENR. H. B. NO. 3271 Page 53
4227+5401 et seq., and rule s promulgated pursuant thereto and the rules
23264228 promulgated by the Oklahoma Used Motor Vehicle and Parts,
23274229 Dismantler, and Manufactur ed Housing Commission pursuant to Section
23284230 582 of Title 47 of the Oklahoma Statutes. Manufactured home shall
23294231 not mean a park model recreational vehicle as defined in Section
23304232 1102 of Title 47 of the Oklahoma Statutes;
2331-
23324233 12. The term "farm tractor" means and includes any vehicle of
23334234 tractor type owned and operated by the purchaser and used
23344235 exclusively for agricultural purposes;
2335-
23364236 13. The term "all-terrain vehicle" means and includes every
23374237 vehicle defined as an all -terrain vehicle in Section 1102 of Title
23384238 47 of the Oklahoma Statutes;
2339-
23404239 14. The terms "legal ownership" and "legally owned" mean the
23414240 right to possession, whether acquired by pu rchase, barter, exchange,
23424241 assignment, gift, operation of law, or in any other manner;
4242+
4243+SENATE FLOOR VERSION - HB3271 SFLR Page 84
4244+(Bold face denotes Committee Amendments) 1
4245+2
4246+3
4247+4
4248+5
4249+6
4250+7
4251+8
4252+9
4253+10
4254+11
4255+12
4256+13
4257+14
4258+15
4259+16
4260+17
4261+18
4262+19
4263+20
4264+21
4265+22
4266+23
4267+24
23434268
23444269 15. The term "person" means and includes n atural persons,
23454270 individuals, partner ships, firms, associations, limited liability
23464271 companies, corporations, estates, trustees, b usiness trusts,
23474272 syndicates, this state, any county, city , municipality, school
23484273 district or other political subdivision of the sta te, or any
23494274 corporation or combinatio n acting as a unit or any receiver
23504275 appointed by any state or f ederal court; and the use of the singular
23514276 number shall include the plural number;
2352-
23534277 16. The term "Tax Commission" means the Oklahoma Tax
23544278 Commission;
2355-
23564279 17. The term "utility vehicle" means every vehicle defined as a
23574280 utility vehicle in Section 1102 of Title 47 of the Oklahoma
23584281 Statutes; and
2359-
23604282 18. The term "medium-speed electrical vehicle " means any self-
23614283 propelled, electrically powered four -wheeled motor vehicle, equi pped
23624284 with a roll cage or crush-proof body design, whose speed attainable
23634285 in one (1) mile is more t han thirty (30) miles per hou r but not
23644286 greater than thirty-five (35) miles per hour.
2365-
23664287 SECTION 24. AMENDATORY 74 O.S. 2021, Section 360 1.1, is
23674288 amended to read as follows:
2368-
23694289 Section 3601.1 A. For purposes of Sections 3601.1 through 360 3
2370-of this title, the term "employee" means a full-time employee or any ENR. H. B. NO. 3271 Page 54
4290+of this title, the term "employee" means a full-time employee or any
23714291 number of part-time employees whose combined weekly hou rs of
23724292 employment equal those of a full-time employee, but shall not
4293+
4294+SENATE FLOOR VERSION - HB3271 SFLR Page 85
4295+(Bold face denotes Committee Amendments) 1
4296+2
4297+3
4298+4
4299+5
4300+6
4301+7
4302+8
4303+9
4304+10
4305+11
4306+12
4307+13
4308+14
4309+15
4310+16
4311+17
4312+18
4313+19
4314+20
4315+21
4316+22
4317+23
4318+24
4319+
23734320 include temporary employees wo rking on a seasonal basis betwee n May
23744321 1 and October 31.
2375-
23764322 B. Beginning July 1, 2008, the maximum number of full -time-
23774323 equivalent employees for each of the follo wing agencies, boards,
23784324 commissions, departments, or programs shall not exceed the numbers
23794325 specified in this section, except as may be authorized pursuant to
23804326 the provisions of Section 3603 of this title.
2381-
23824327 MAXIMUM NUMBER OF
2383-
23844328 FULL-TIME-EQUIVALENT
2385-
23864329 EMPLOYEES
2387-
23884330 Oklahoma Employment Security Com mission 1150
2389-
23904331 Oklahoma Accountancy Bo ard 11
2391-
23924332 Board of Governors of th e Licensed Architects,
23934333 Landscape Architects and Registered I nterior
23944334 Designers of Oklahoma 4
2395-
23964335 Board of Chiropractic Ex aminers 3
2397-
23984336 State Board of Cosmetology and B arbering 16
2399-
24004337 Board of Dentistry 10
2401-
24024338 Oklahoma State Board of Embalmers and Funeral
24034339 Directors 5
2404-
24054340 State Board of Licensure for Professio nal
24064341 Engineers and Land Surve yors 10
4342+
4343+SENATE FLOOR VERSION - HB3271 SFLR Page 86
4344+(Bold face denotes Committee Amendments) 1
4345+2
4346+3
4347+4
4348+5
4349+6
4350+7
4351+8
4352+9
4353+10
4354+11
4355+12
4356+13
4357+14
4358+15
4359+16
4360+17
4361+18
4362+19
4363+20
4364+21
4365+22
4366+23
4367+24
24074368
24084369 State Board of Medical Licensure and Supervision /
24094370 Board of Podiatric Medical Examiners/Sta te
24104371 Board of Examiners of Perfus ionists 29
2411-
24124372 Oklahoma Energy Resources Board 5
2413-
24144373 Oklahoma Motor Vehicle Commission 6
2415- ENR. H. B. NO. 3271 Page 55
24164374 Oklahoma Board of Nursing 35
2417-
24184375 Oklahoma State Board of Examiners for Long-Term
24194376 Care Administrators 4
2420-
24214377 Board of Examiners in Optometry 3
2422-
24234378 State Board of Osteopathic Examiners 7
2424-
24254379 Oklahoma State Board of Pharmacy 15
2426-
24274380 State Board of Examiners of Psycho logists 2
2428-
24294381 Oklahoma Real Estate C ommission 26
2430-
24314382 Board of Examiners for Speech-Language Pathology
24324383 and Audiology 2
2433-
24344384 Oklahoma Used Motor Vehicle and Parts,
24354385 Dismantler, and Manufactured Housing Commission 12 15
2436-
24374386 State Board of Veterin ary Medical Examiners 6
2438-
24394387 Oklahoma Firefighters Pension and Retirement
24404388 System 13
2441-
24424389 Oklahoma Police Pension and Retirement System 12
2443-
24444390 Teachers' Retirement System of Oklahoma 52
2445-
24464391 Oklahoma Public Employees Retirement System 63
2447-
24484392 Oklahoma Student Loan Authority 85
4393+
4394+SENATE FLOOR VERSION - HB3271 SFLR Page 87
4395+(Bold face denotes Committee Amendments) 1
4396+2
4397+3
4398+4
4399+5
4400+6
4401+7
4402+8
4403+9
4404+10
4405+11
4406+12
4407+13
4408+14
4409+15
4410+16
4411+17
4412+18
4413+19
4414+20
4415+21
4416+22
4417+23
4418+24
24494419
24504420 Oklahoma Industrial Finance Author ity/Oklahoma
24514421 Development Finance A uthority 10
2452-
24534422 State and Education Employees Group Insurance
24544423 Board 178
2455-
24564424 Oklahoma Capital Investment Board 4
2457-
24584425 State Board of Licensed Social Workers 1
2459-
2460-Oklahoma State Employees Benefits Council 38 ENR. H. B. NO. 3271 Page 56
2461-
4426+Oklahoma State Employees Benefits Council 38
24624427 Oklahoma State Banking Departmen t 46
2463-
24644428 Liquefied Petroleum Gas Administration 10
2465-
24664429 C. The duties and compensation of employees, not otherwise
24674430 prescribed by law, necessary to perform the duties imposed upon the
24684431 Oklahoma Public Employees Retirement System Board of Trustees by law
24694432 shall be set by the Board of Trustees.
2470-
24714433 D. Temporary employees of the Ok lahoma Used Motor Vehicle and
24724434 Parts, Dismantler, and Manufactured Housing Commission between the
24734435 dates of November 1 and January 31 annually shall not be counted
24744436 toward the maximum number of full-time-equivalent employees provided
24754437 for in this section.
2476-
24774438 SECTION 25. AMENDATORY Rule 2.45 of the Rules of the
24784439 Ethics Commission, is amended to read as follows :
2479-
2480-Rule 2.45 Calculation of Travel Expenditures.
2481-
4440+Rule 2.45. Calculation of Travel Expenditur es.
24824441 Expenditures for travel sh all be calculated as provided in this
24834442 section.
4443+
4444+SENATE FLOOR VERSION - HB3271 SFLR Page 88
4445+(Bold face denotes Committee Amendments) 1
4446+2
4447+3
4448+4
4449+5
4450+6
4451+7
4452+8
4453+9
4454+10
4455+11
4456+12
4457+13
4458+14
4459+15
4460+16
4461+17
4462+18
4463+19
4464+20
4465+21
4466+22
4467+23
4468+24
24844469
24854470 (A) Expenditures may be made for all expenses associated with
24864471 the purchase or lease and operation of a motor vehicle only if the
24874472 motor vehicle is used exclusively for purposes of the campaign or
24884473 for ordinary and necessary expenses incurred in connection with the
24894474 candidate's duties as the holder of a state elective office a nd for
24904475 no other purpose at any time. If campaign contributions a re used
24914476 for the purchase or lease of a motor vehicle, the motor vehicle mus t
24924477 be purchased or leased from a dealer licensed by the Oklah oma Motor
24934478 Vehicle Commission or the Oklahoma Used Motor Vehicle and Parts,
24944479 Dismantler, and Manufact ured Housing Commission, or their successor
24954480 agencies, on commercially reasonable terms and cannot be purchased
24964481 from the committee by the candidate or a famil y member of the
24974482 candidate.
2498-
24994483 (B) If a motor vehicle is us ed both for the purposes identified
25004484 in subsection (A) and for any other pur pose, expenditures may be
25014485 made only for mileage reimbursement at the rate authorized for use
25024486 of privately owned motor vehicle s by the State Travel Reimbursement
25034487 Act or its successor statutes, or less.
2504- ENR. H. B. NO. 3271 Page 57
25054488 (C) Expenditures for the rental of a motor vehicle or for the
25064489 fares of taxicabs, buses or similar modes of transportati on shall be
25074490 permitted for the actual cost of the rental or f are, provided that
25084491 the rental or fare is at the rate nor mally charged for others.
2509-
25104492 (D) Expenditures for air travel on an air carrie r shall be
25114493 permitted for the actual cost of the fare; provided, i f air travel
4494+
4495+SENATE FLOOR VERSION - HB3271 SFLR Page 89
4496+(Bold face denotes Committee Amendments) 1
4497+2
4498+3
4499+4
4500+5
4501+6
4502+7
4503+8
4504+9
4505+10
4506+11
4507+12
4508+13
4509+14
4510+15
4511+16
4512+17
4513+18
4514+19
4515+20
4516+21
4517+22
4518+23
4519+24
4520+
25124521 is first class, business class or equivalent cl ass, the expenditure
25134522 shall be permitted only for any low er fare available on the same
25144523 flight.
2515-
25164524 (E) Expenditures for air travel on a n aircraft operated by a
25174525 commercial carrier shall be permitted fo r the usual charter fare or
25184526 rental charge.
2519-
25204527 (F) Expenditures for air travel on an aircraft operated by a
25214528 private individual shall be permitted for the usual charter fare or
25224529 rental charge of a commercial carrier.
2523-
25244530 (G) Expenditures for air travel on an aircr aft operated by the
25254531 candidate or a family member of the cand idate shall be contributions
25264532 by the candidate to the cam paign and shall be calculated on the same
25274533 basis as the usual charter fare o r rental charge of a commercial
25284534 carrier, unless the aircraft is r ented, in which case the
25294535 contribution shall be the cost of t he rental.
2530-
25314536 SECTION 26. This act shall be come effective November 1, 2022.
2532-
2533-
2534- ENR. H. B. NO. 3271 Page 58
2535-Passed the House of Representatives the 9th day of March, 2022.
2536-
2537-
2538-
2539-
2540- Presiding Officer of the House
2541- of Representatives
2542-
2543-
2544-Passed the Senate the 26th day of April, 2022.
2545-
2546-
2547-
2548-
2549- Presiding Officer of the Senate
2550-
2551-
2552-
2553-OFFICE OF THE GOVERNOR
2554-Received by the Office of the Governor this ____________________
2555-day of ___________________, 20_______, at _______ o'clock _______ M.
2556-By: _________________________________
2557-Approved by the Governor of the State of Oklahoma this _____ ____
2558-day of ___________________, 20_______, at _______ o'clock _______ M.
2559-
2560-
2561- _________________________________
2562- Governor of the State of Oklahoma
2563-
2564-OFFICE OF THE SECRETARY OF STATE
2565-Received by the Office of the Secretary of State this __________
2566-day of ___________________, 20_______, at _______ o'clock _______ M.
2567-By: _________________________________
2568-
4537+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
4538+March 31, 2022 - DO PASS