Oklahoma 2022 Regular Session

Oklahoma House Bill HB3850 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 3850 Page 1 1
	3	+	HB3850 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3850 By: Boatman and McDugle of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3850 By: Boatman of the House
31	38
32	39		and
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34	41		Montgomery of the Senate
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	46	+
	47	+	COMMITTEE SUBSTITUTE
39	48
40	49		[ revenue and taxation - motor vehicle excise tax -
41	50		certificate of titles - effective date –
42	51		emergency ]
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47	56		BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
48	57		SECTION 1. AMENDATORY 68 O.S. 2021, Section 2105, is
49	58		amended to read as follows:
50	59		Section 2105. An original or a transfer certif icate of title or
51	60		a foreign export certificate of title as provided for in paragraph
52	61		18 of this section shall be issued without the payment of the excise
53	62		tax levied by Section 2101 et seq. of this title for:
54		-	1. Any vehicle owned by a nonresident person wh o operates
55		-	principally in some other state but who is in Oklahoma only
56		-	occasionally;
57		-	2. Any vehicle brought into this sta te by a person formerly
58		-	living in another state, who has owned and registered the vehicl e in
59		-	such other state of residence at least si xty (60) days prior to the
60	63
61		-	ENGR. H. B. NO. 3850 Page 2 1
	64	+	HB3850 HFLR Page 2
	65	+	BOLD FACE denotes Committee Amendments. 1
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	90	+	1. Any vehicle owned by a nonresident person wh o operates
	91	+	principally in some other state but who is in Oklahoma only
	92	+	occasionally;
	93	+	2. Any vehicle brought into this sta te by a person formerly
	94	+	living in another state, who has owned and registered the vehicl e in
	95	+	such other state of residence at least si xty (60) days prior to the
86	96		time it is required to be registered in this state; provided,
87	97		however, this paragraph shall not apply to businesses engaged in
88	98		renting cars without a driver;
89	99		3. Any vehicle registere d by the State of Oklahoma, by any of
90	100		the political subdivisions thereof, or by a fire department
91	101		organized pursuant to Section 592 of Title 18 of the Oklahoma
92	102		Statutes to be used for the purposes of the fire department, or a
93	103		vehicle which is the subject o f a lease or lease-purchase agreement
94	104		executed between the person seeking an original or transfer
95	105		certificate of title for the vehicle and a municipality, county,
96	106		school district, or fire protection district. The person seeking an
97	107		original or transfer cer tificate of title shall provide adequate
98	108		proof that the vehicle is subject to a lease or lease-purchase
99	109		agreement with a municipality, county, school district, or fire
100	110		protection district at the time the excise tax levied would
101	111		otherwise be payable. The O klahoma Tax Commission shall have the
102	112		authority to determine what constitutes adequate proof as required
103	113		by this section;
104		-	4. Any vehicle, the legal ownership of which is obtained by the
105		-	applicant for a certificate of title by inheritance;
106		-	5. Any used motor vehicle, travel trailer, or commercial
107		-	trailer which is owned and being offered for sale by a person
108		-	licensed as a dealer to se ll the same, under the provisions of t he
109		-	Oklahoma Vehicle License and Registration Act:
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111		-	ENGR. H. B. NO. 3850 Page 3 1
	115	+	HB3850 HFLR Page 3
	116	+	BOLD FACE denotes Committee Amendments. 1
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	141	+	4. Any vehicle, the legal ownership of which is obtained by the
	142	+	applicant for a certificate of title by inheritance;
	143	+	5. Any used motor vehicle, travel trailer, or commercial
	144	+	trailer which is owned and being offered for sale by a person
	145	+	licensed as a dealer to sell the same, under the provisions of t he
	146	+	Oklahoma Vehicle License and Registration Act:
136	147		a. if such vehicle, travel trailer, or commercial trailer
137	148		has been registered in Okl ahoma and the excise tax
138	149		paid thereon, or
139	150		b. when such vehicle, travel trailer, or commercial
140	151		trailer has been registered in some other state but is
141	152		not the latest manufactured model.
142	153		Provided, the provisions o f this paragraph shall not be
143	154		construed as allowing an exemption to any person not licensed as a
144	155		dealer of used motor vehicles, travel trailers, or commercial
145	156		trailers, or as an automotive dismantler and parts recycler in this
146	157		state;
147	158		6. Any vehicle which was purchased by a person licensed to sell
148	159		new or used motor vehicles in another state:
149	160		a. if such vehicle is not purchased for operation or
150	161		resale in this state, and
151	162		b. the state from which the dealer is licensed offers
152	163		reciprocal privileges to a dealer l icensed in this
153	164		state, pursuant to a reciproca l agreement between the
154		-	duly authorized agent of the Tax Commission and the
155		-	licensing state;
156		-	7. Any vehicle, the ownershi p of which was obtained by the
157		-	lienholder or mortgagee under or by foreclosure of a lien or
158		-	mortgage in the manner provided by law or to the insurer under
159	165
160		-	ENGR. H. B. NO. 3850 Page 4 1
	166	+	HB3850 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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	192	+	duly authorized agent of the Tax Commission and the
	193	+	licensing state;
	194	+	7. Any vehicle, the ownershi p of which was obtained by the
	195	+	lienholder or mortgagee under or by foreclosure of a lien or
	196	+	mortgage in the manner provided by law or to the insurer under
185	197		subrogated rights arising by reason of loss under an insurance
186	198		contract;
187	199		8. Any vehicle which is tax ed on an ad valorem basis;
188	200		9. Any vehicle or motor vehicle, the legal ownership of whic h
189	201		is obtained by transfers:
190	202		a. from one corporation to another corporation pursuant
191	203		to a reorganization. As used in this subsection the
192	204		term "reorganization" means:
193	205		(1) a statutory merger or consolidation, or
194	206		(2) the acquisition by a corporation of substa ntially
195	207		all of the properties of another corpo ration when
196	208		the consideration is solely all or a part of the
197	209		voting stock of the acquiring corporation, or of
198	210		its parent or subsidiary corporation,
199	211		b. in connection with the winding up, dissolution, or
200	212		liquidation of a corporation only when there is a
201	213		distribution in kind to the shareholders of the
202	214		property of such corporation,
203		-	c. to a corporation where the former owners of t he
204		-	vehicle or motor vehicle transferred are, immediately
205		-	after the transfer, in control of the corporation, and
206		-	the stock or securitie s received by each is
207		-	substantially in proportion to the interest in the
208		-	vehicle or motor vehicle prior to the transfer,
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210		-	ENGR. H. B. NO. 3850 Page 5 1
	216	+	HB3850 HFLR Page 5
	217	+	BOLD FACE denotes Committee Amendments. 1
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	242	+	c. to a corporation where the former owners of t he
	243	+	vehicle or motor vehicle transferred are, immediately
	244	+	after the transfer, in control of the corporation, and
	245	+	the stock or securitie s received by each is
	246	+	substantially in proportion to the interest in the
	247	+	vehicle or motor vehicle prior to the transfer,
235	248		d. to a partnership if the former owners of the vehicle
236	249		or motor vehicle transferred are, immediately after
237	250		the transfer, members of su ch partnership and the
238	251		interest in the partnership received by each is
239	252		substantially in proportion to the interest in the
240	253		vehicle or motor vehicle prior to the transfer,
241	254		e. from a partnership to the members the reof when made in
242	255		the dissolution of such part nership,
243	256		f. to a limited liability company if the former owners of
244	257		the vehicle or motor vehicle transferred are,
245	258		immediately after the transfer, members of the limited
246	259		liability company and the interest in the limited
247	260		liability company received by each is substantially in
248	261		proportion to the interest in the vehicle or motor
249	262		vehicle prior to the transfer, or
250	263		g. from a limited liability company to the members
251	264		thereof when made in the dissolution of such
252	265		partnership;
253		-	10. Any vehicle which is purchased by a pers on to be used by a
254		-	business engaged in renting motor vehicles without a driver,
255		-	provided:
256		-	a. the vehicle shall not be rent ed to the same person for
257		-	a period exceeding ninety (90) days,
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259		-	ENGR. H. B. NO. 3850 Page 6 1
	267	+	HB3850 HFLR Page 6
	268	+	BOLD FACE denotes Committee Amendments. 1
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	293	+	10. Any vehicle which is purchased by a pers on to be used by a
	294	+	business engaged in renting motor vehicles without a driver,
	295	+	provided:
	296	+	a. the vehicle shall not be rent ed to the same person for
	297	+	a period exceeding ninety (90) days,
284	298		b. any such vehicle exemp ted from the excise tax by these
285	299		provisions shall not be placed under any type of lease
286	300		agreement,
287	301		c. on any such vehicle exempted from the excise tax by
288	302		this subsection that is reregistered in this state,
289	303		without a prior sale or transfer to the persons
290	304		specified in divisions (1) and (2) of this
291	305		subparagraph, at any time prior to the expiration of
292	306		twelve (12) months from the date of issuance of the
293	307		original title, the se ller shall pay immediately the
294	308		amount of excise tax which would have been due had
295	309		this exemption not been granted plus a penalty of
296	310		twenty percent (20%). No such excise tax or penalty
297	311		shall become due and payable if the vehicle is sold or
298	312		transferred in a condition either physical or
299	313		mechanical which would render it eligible for a
300	314		salvage title pursuant to law or if the vehicle is
301	315		sold and transferred in this state at any time prior
302	316		to the expiration of twelve (12) months:
303		-	(1) to the manufacturer of the ve hicle or its
304		-	controlled financing arm, or
305		-	(2) to a factory authorized franchised new mot or
306		-	vehicle dealer which holds a franchise of t he
307		-	same line-make of the vehicle being purchased, or
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309		-	ENGR. H. B. NO. 3850 Page 7 1
	318	+	HB3850 HFLR Page 7
	319	+	BOLD FACE denotes Committee Amendments. 1
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	344	+	(1) to the manufacturer of the ve hicle or its
	345	+	controlled financing arm, or
	346	+	(2) to a factory authorized franchised new mot or
	347	+	vehicle dealer which holds a franchise of t he
	348	+	same line-make of the vehicle being purchased, or
334	349		d. when this exemption is claimed, the Tax Commission
335	350		shall issue a special title which shall restrict the
336	351		transfer of the title only within this state prior to
337	352		the expiration of twelve (12) months unles s:
338	353		(1) payment of the excise tax plus penalty as
339	354		provided in this section is made,
340	355		(2) the sale is made to a person specif ied in
341	356		division (1) or (2) of subparagraph c of this
342	357		paragraph, or
343	358		(3) the vehicle is eligible for a salvage title.
344	359		For all other tax purposes vehicles herein exempted shall be
345	360		treated as though the excise tax has been paid;
346	361		11. Any vehicle of the latest manufactured model, registered
347	362		from a title in the name of the original manufacturer or assigned to
348	363		the original manufacturer and issu ed by any state and transferred to
349	364		a licensed, franchised Oklahoma motor vehicle dealer, as defined by
350	365		Section 1102 of Title 47 of the Oklahoma Statutes, which holds a
351	366		franchise of the same line -make as the vehicle being registered;
352		-	12. Any new motor vehi cle, registered in the name of a
353		-	manufacturer or dealer of new motor vehicles, for w hich a license
354		-	plate has been issued p ursuant to Section 1116.1 of Title 47 of the
355		-	Oklahoma Statutes, if such vehicle is autho rized by the manufacturer
356		-	or dealer for person al use by an individual. The authorization for
357		-	such use shall not exceed four (4) m onths which shall not be renewed
358	367
359		-	ENGR. H. B. NO. 3850 Page 8 1
	368	+	HB3850 HFLR Page 8
	369	+	BOLD FACE denotes Committee Amendments. 1
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	394	+	12. Any new motor vehi cle, registered in the name of a
	395	+	manufacturer or dealer of new motor vehicles, for which a license
	396	+	plate has been issued p ursuant to Section 1116.1 of Title 47 of the
	397	+	Oklahoma Statutes, if such vehicle is autho rized by the manufacturer
	398	+	or dealer for person al use by an individual. The authorization for
	399	+	such use shall not exceed four (4) months which shall not be renewed
384	400		or the exemption provided by this subsection shall not be
385	401		applicable. The exemption provided by this subsection shall not be
386	402		applicable to a transfer of ownership or registration subsequent to
387	403		the first registration of the vehicle by a manufacturer or dealer;
388	404		13. Any vehicle, travel trailer, or commercial trailer of the
389	405		latest manufacturer model purchased by a franchised Oklahoma dealer
390	406		licensed to sell the same which holds a franchise of the same line-
391	407		make as the vehicle, travel trailer, or commercial trailer being
392	408		registered;
393	409		14. Any vehicle which is the subject of a lease or lease -
394	410		purchase agreement and which the ownership of such vehicl e is being
395	411		obtained by the lessee, if the vehicle excise tax was paid at the
396	412		time of the initial lease or lease -purchase agreement;
397	413		15. Any vehicle which:
398	414		a. is purchased by a private, nonprofit organization
399	415		which is exempt from taxation pursuant to the
400	416		provisions of Section 501(c)(3) of the Internal
401	417		Revenue Code, 26 U.S.C., Section 501(c)(3), and which
402		-	is primarily funded b y a fraternal or civic service
403		-	organization with at least one hundred local chapters
404		-	or clubs, and
405		-	b. is designed and used to provide mobile health
406		-	screening services to the general public at no cost to
407		-	the recipient, and for which no reimbursement of any
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409		-	ENGR. H. B. NO. 3850 Page 9 1
	419	+	HB3850 HFLR Page 9
	420	+	BOLD FACE denotes Committee Amendments. 1
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	445	+	is primarily funded b y a fraternal or civic service
	446	+	organization with at least one hundred local chapters
	447	+	or clubs, and
	448	+	b. is designed and used to provide mobile health
	449	+	screening services to the general public at no cost to
	450	+	the recipient, and for which no reimbursement of any
434	451		kind is received from any health insurance provider,
435	452		health maintenance organization, or governmental
436	453		program;
437	454		16. Any vehicle which is purchased by an individual who has
438	455		been honorably discharged from active service in any branch of the
439	456		Armed Forces of the United States or Oklahoma National Guard and who
440	457		has been certified by the United Sta tes Department of Veterans
441	458		Affairs, its successor, or the Armed Forces of the United States to
442	459		be a disabled veteran in receipt of compensation at the one -hundred-
443	460		percent rate for a permanent disability sustained through military
444	461		action or accident resulti ng from disease contracted while in such
445	462		active service and registered with the veterans registry created by
446	463		the Oklahoma Department of Veterans Affairs; provided, that if the
447	464		veteran has previously received exemption pursuant to this
448	465		paragraph, no registr ation with the veterans registry shall be
449	466		required. This exemption may not be claimed by an individual for
450	467		more than one vehicle in a consecutive three -year period, unless the
451	468		vehicle is a replacement for a vehicle which was destroyed and
452		-	declared by the insurer to be a total loss claim. The Tax
453		-	Commission shall promulgate any rules necessary to implement the
454		-	provisions of this sec tion; or
455		-	17. Any vehicle on which own ership is transferred by a
456		-	repossessor directly back to the owner or owners from whom th e
457		-	vehicle was repossessed; provided, ownership shall be assigned by
458	469
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	471	+	BOLD FACE denotes Committee Amendments. 1
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	496	+	declared by the insurer to be a total loss claim. The Tax
	497	+	Commission shall promulgate any rules necessary to implement the
	498	+	provisions of this section; or
	499	+	17. Any vehicle on which own ership is transferred by a
	500	+	repossessor directly back to the owner or owners from whom th e
	501	+	vehicle was repossessed; provided, ownership shall be assigned by
484	502		the repossessor within thirty (30) days of issuance of the
485	503		repossession title and shall be identical to that reflected in the
486	504		vehicle title record immediately prior to the repossession ; or
487	505		18. Any vehicle which is purchased by an individual or entity
488	506		doing business in this state if the vehicle is contracted to be
489	507		shipped to a destination outside of the United States or its
490	508		territories within one hundred twenty (120) days of purchase. The
491	509		Oklahoma Tax Commission sh all prescribe a form to be completed and
492	510		submitted under oath together with the purchase contract for t he
493	511		vehicle and proof of commitment to ship the vehicle by comm on
494	512		carrier vessel, air, rail , or any other common carrier for hir e.
495	513		Upon approval for the exemption provided f or by this section and
496	514		payment of the required certificate of title fee , the Tax Commission
497	515		shall issue a foreign export certificate of title .
498	516		SECTION 2. AMENDATORY 47 O.S. 2021, Secti on 1105, is
499	517		amended to read as follows:
500	518		Section 1105. A. As used in the Oklahoma Vehicle License and
501	519		Registration Act:
502		-	1. "Salvage vehicle" means any vehicle which is within the last
503		-	ten (10) model years and w hich has been damaged by collision or
504		-	other occurrence to the extent that the cost of repa iring the
505		-	vehicle for safe operation on the highway exceeds sixty percent
506		-	(60%) of its fair market value, as defined by Section 1111 of this
507		-	title, immediately prior to the damage. For purposes of this
508	520
509		-	ENGR. H. B. NO. 3850 Page 11 1
	521	+	HB3850 HFLR Page 11
	522	+	BOLD FACE denotes Committee Amendments. 1
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	547	+	1. "Salvage vehicle" means any vehicle which is within the last
	548	+	ten (10) model years and w hich has been damaged by collision or
	549	+	other occurrence to the extent that the cost of repa iring the
	550	+	vehicle for safe operation on the highway exceeds sixty percent
	551	+	(60%) of its fair market value, as defined by Section 1111 of this
	552	+	title, immediately prior to the damage. For purposes of this
534	553		section, actual repair costs shall only include labor and parts for
535	554		actual damage to the suspension, motor, transmission, frame or
536	555		unibody and designated structural components;
537	556		2. "Rebuilt vehicle" means any salvage ve hicle which has been
538	557		rebuilt and inspected f or the purpose of registration and title;
539	558		3. "Flood-damaged vehicle" means a salvage or rebuilt vehicle
540	559		which was damaged by flooding or a vehicle which was submerged at a
541	560		level to or above the dashboard of the vehicle and on which an
542	561		amount of loss was p aid by the insurer;
543	562		4. "Unrecovered-theft vehicle" means a vehicle which has been
544	563		stolen and not yet recovered;
545	564		5. "Recovered-theft vehicle" means a vehicle, including a
546	565		salvage or rebuilt vehicle, which was re covered from a theft; and
547	566		6. "Junked vehicle" means any vehicle which is incapable of
548	567		operation or use on the highway, has no resale value except as a
549	568		source of parts or scrap and has an eighty percent (80%) loss in
550	569		fair market value.
551		-	B. The owner of eve ry vehicle in this state shall possess a
552		-	certificate of title as proof of ownership of suc h vehicle, except
553		-	those vehicles registered pursuant to Section 1120 of thi s title and
554		-	trailers registered pursuant to Section 1133 of this title,
555		-	previously titled by anyone in another state and engaged in
556		-	interstate commerce, and except as provided in su bsection M of this
557		-	section. Except for owners that possess an agricultural exemption
558	570
559		-	ENGR. H. B. NO. 3850 Page 12 1
	571	+	HB3850 HFLR Page 12
	572	+	BOLD FACE denotes Committee Amendments. 1
560	573		2
561	574		3
562	575		4
563	576		5
564	577		6
565	578		7
566	579		8
567	580		9
568	581		10
569	582		11
570	583		12
571	584		13
572	585		14
573	586		15
574	587		16
575	588		17
576	589		18
577	590		19
578	591		20
579	592		21
580	593		22
581	594		23
582	595		24
583	596
	597	+	B. The owner of eve ry vehicle in this state shall possess a
	598	+	certificate of title as proof of ownership of suc h vehicle, except
	599	+	those vehicles registered pursuant to Section 1120 of thi s title and
	600	+	trailers registered pursuant to Section 1133 of this title,
	601	+	previously titled by anyone in another state and engaged in
	602	+	interstate commerce, and except as provided in su bsection M of this
	603	+	section. Except for owners that possess an agricultural exemption
584	604		permit pursuant to Section 1358.1 of Title 68 of the Oklahoma
585	605		Statutes, the owner of an all-terrain vehicle or a motorcycle used
586	606		exclusively off roads or highways in this state which is purchased
587	607		or the ownership of which is transferred on or af ter July 1, 2005,
588	608		and the owner of a utility vehicle used exclusively off roads and
589	609		highways in this state which is purchased or the ow nership of which
590	610		is transferred on or after Ju ly 1, 2008, shall possess a certificate
591	611		of title as proof of ownership. An y person possessing an
592	612		agricultural exemption permit and owning an all -terrain vehicle or a
593	613		motorcycle used exclusively off roads or hi ghways in this state
594	614		which is purchased or the ownership of which is transferred on or
595	615		after July 1, 2008, shall possess a certificate of title as proof of
596	616		ownership. Upon receipt of proper application informati on by such
597	617		owner, the Oklahoma Tax Commissio n shall issue an original or
598	618		transfer certificate of title. Until July 1, 2008, any security
599	619		interest in an all-terrain vehicle that attached and was perfected
600	620		before July 1, 2005, and that has not otherwise ter minated shall
601		-	remain perfected, and shall ta ke priority over any subsequently
602		-	perfected security interest in the same all-terrain vehicle,
603		-	notwithstanding that a cer tificate of title may have been issued
604		-	with respect to the same all -terrain vehicle on or a fter July 1,
605		-	2005, and that a lien may have been recorded on said certificate of
606		-	title. There shall be eight nine types of certificates of title:
607	621
608		-	ENGR. H. B. NO. 3850 Page 13 1
	622	+	HB3850 HFLR Page 13
	623	+	BOLD FACE denotes Committee Amendments. 1
609	624		2
610	625		3
611	626		4
612	627		5
613	628		6
614	629		7
615	630		8
616	631		9
617	632		10
618	633		11
619	634		12
620	635		13
621	636		14
622	637		15
623	638		16
624	639		17
625	640		18
626	641		19
627	642		20
628	643		21
629	644		22
630	645		23
631	646		24
632	647
	648	+	remain perfected, and shall ta ke priority over any subsequently
	649	+	perfected security interest in the same all-terrain vehicle,
	650	+	notwithstanding that a cer tificate of title may have been issued
	651	+	with respect to the same all -terrain vehicle on or a fter July 1,
	652	+	2005, and that a lien may have been recorded on said certificate of
	653	+	title. There shall be eight nine types of certificates of title:
633	654		1. Original title for any motor vehicle which is not a
634	655		remanufactured, salvage, unrecovered -theft, rebuilt, rebodied,
635	656		foreign export, or junked vehicle;
636	657		2. Salvage title for any motor vehicle which is a salvage
637	658		vehicle or is specified as a salvage vehicle or the equivalent
638	659		thereof on a certificate of title from another state;
639	660		3. Rebuilt title for any motor vehi cle which is a rebuilt
640	661		vehicle;
641	662		4. Junked title for any motor vehicle which is a junked v ehicle
642	663		or is specified as a junked vehicle or the equivalent thereof on a
643	664		certificate of title from another state;
644	665		5. Classic title for any motor vehicle, except a j unked
645	666		vehicle, which is twenty -five (25) model years or older;
646	667		6. Remanufactured title fo r any vehicle which is a
647	668		remanufactured vehicle;
648	669		7. Unrecovered-theft title for any motor vehicle which has been
649	670		stolen and not recovered; and
650		-	8. Rebodied title for any motor vehicle which is a rebodied
651		-	vehicle; and
652		-	9. Foreign export title for any motor vehicle which is
653		-	purchased by an individual or entity doing business in Oklahoma for
654		-	the sole purpose of exporting the vehicle outside of the United
655		-	States or its territories.
656	671
657		-	ENGR. H. B. NO. 3850 Page 14 1
	672	+	HB3850 HFLR Page 14
	673	+	BOLD FACE denotes Committee Amendments. 1
658	674		2
659	675		3
660	676		4
661	677		5
662	678		6
663	679		7
664	680		8
665	681		9
666	682		10
667	683		11
668	684		12
669	685		13
670	686		14
671	687		15
672	688		16
673	689		17
674	690		18
675	691		19
676	692		20
677	693		21
678	694		22
679	695		23
680	696		24
681	697
	698	+	8. Rebodied title for any motor vehicle which is a rebodied
	699	+	vehicle; and
	700	+	9. Foreign export title for any motor vehicle which is
	701	+	purchased by an individual or entity doing business in Oklahoma for
	702	+	the sole purpose of exporting the vehicle outside of the United
	703	+	States or its territories.
682	704		Application for a certificate of title, whether the initial
683	705		certificate of title or a duplicate, may be made to the Tax
684	706		Commission or any motor license agent. When application is made
685	707		with a motor license agent, the application information shal l be
686	708		transmitted either electronically or by mail to the Tax Commission
687	709		by the motor license agent. If the application information is
688	710		transmitted electronically, the motor license agent shall forward
689	711		the required application along with evidence of ownersh ip, where
690	712		required, by mail. Where the tran smission of application
691	713		information cannot be performed electronically, the Tax Commission
692	714		is authorized to provide postage paid envelopes to motor license
693	715		agents for the purpose of mailing the application along with
694	716		evidence of ownership, where required. The Tax Commission shall
695	717		upon receipt of prop er application information issue an Oklahoma
696	718		certificate of title. The certificates may be mailed to the
697	719		applicant. Upon issuance of a certificate of title, the Tax
698	720		Commission shall provide the appropriate mo tor license agent with
699	721		confirmation of such is suance.
700		-	C. 1. The application for certificate of title shall be upon a
701		-	blank form furnished by the Tax Commission, containing:
702		-	a. a full description of the vehicle,
703		-	b. the manufacturer's serial or other ident ification
704		-	number,
705	722
706		-	ENGR. H. B. NO. 3850 Page 15 1
	723	+	HB3850 HFLR Page 15
	724	+	BOLD FACE denotes Committee Amendments. 1
707	725		2
708	726		3
709	727		4
710	728		5
711	729		6
712	730		7
713	731		8
714	732		9
715	733		10
716	734		11
717	735		12
718	736		13
719	737		14
720	738		15
721	739		16
722	740		17
723	741		18
724	742		19
725	743		20
726	744		21
727	745		22
728	746		23
729	747		24
730	748
	749	+	C. 1. The application for certificate of title shall be upon a
	750	+	blank form furnished by the Tax Commission, containing:
	751	+	a. a full description of the vehicle,
	752	+	b. the manufacturer's serial or other ident ification
	753	+	number,
731	754		c. the motor number and the date on which first sold by
732	755		the manufacturer or dealer to the owner,
733	756		d. any distinguishing marks,
734	757		e. a statement of the applicant 's source of title,
735	758		f. any security interest upon the vehicle, and
736	759		g. such other information as the Tax Commission may
737	760		require.
738	761		2. The application for a certificate of title for a vehicle
739	762		which is within the last seven (7) model years shall require a
740	763		declaration as to whether the vehicle has been damaged by collision
741	764		or other occurrence and whether the vehicle has been recovered from
742	765		theft and the extent of the damage to the vehicle. The declaration
743	766		shall be made by the owner of a vehicle if:
744	767		a. the vehicle has been damaged or stolen,
745	768		b. the owner did or did not receive any payment fo r the
746	769		loss from an insurer, or
747	770		c. the vehicle is titled or registered in a state that
748	771		does not classify the vehicle or brand the title
749		-	because of damage to or loss of the vehicle similar to
750		-	the classifications or brands utilized by this state.
751		-	The declaration shall be based upon the best information a nd
752		-	knowledge of the owner and shall be in addition to the requirements
753		-	specified in paragraph 1 of this subsection. The Tax Commission
754		-	shall not issue a certificate of title for a vehicle which is
755	772
756		-	ENGR. H. B. NO. 3850 Page 16 1
	773	+	HB3850 HFLR Page 16
	774	+	BOLD FACE denotes Committee Amendments. 1
757	775		2
758	776		3
759	777		4
760	778		5
761	779		6
762	780		7
763	781		8
764	782		9
765	783		10
766	784		11
767	785		12
768	786		13
769	787		14
770	788		15
771	789		16
772	790		17
773	791		18
774	792		19
775	793		20
776	794		21
777	795		22
778	796		23
779	797		24
780	798
	799	+	because of damage to or loss of the vehicle similar to
	800	+	the classifications or brands utilized by this state.
	801	+	The declaration shall be based upon the best information a nd
	802	+	knowledge of the owner and shall be in addition to the requirements
	803	+	specified in paragraph 1 of this subsection. The Tax Commission
	804	+	shall not issue a certificate of title for a vehicle which is
781	805		subject to the provisions of this paragraph without the re quired
782	806		declaration, completed and signed by the owner of the vehicle. Upon
783	807		receipt of an application without the properly completed
784	808		declaration, the Tax Commission s hall return the application to the
785	809		applicant with notice that the title may not be issued without the
786	810		required declaration. Nothing in this paragraph shall prohibit the
787	811		Tax Commission from recognizing the type of or brand on a title or
788	812		other ownership document issued by another state or the inspect ion
789	813		conducted in another state and issuing the appropriate certificate
790	814		of title for the vehicle.
791	815		3. The certificate of title shall have the following security
792	816		features:
793	817		a. intaglio printing or security thread, w ith or without
794	818		watermark,
795	819		b. latent images,
796	820		c. fluorescent inks,
797	821		d. micro print,
798	822		e. void background, and
799		-	f. color coding.
800		-	4. Each title issued pursuant to the provisions of the Oklahoma
801		-	Vehicle License and Registration Act shall be color coded as
802		-	determined by the Tax Commission.
803		-	5. The certificate of title shall be of such size and design
804		-	and color as the Tax Commission may direct pursuant to the
805	823
806		-	ENGR. H. B. NO. 3850 Page 17 1
	824	+	HB3850 HFLR Page 17
	825	+	BOLD FACE denotes Committee Amendments. 1
807	826		2
808	827		3
809	828		4
810	829		5
811	830		6
812	831		7
813	832		8
814	833		9
815	834		10
816	835		11
817	836		12
818	837		13
819	838		14
820	839		15
821	840		16
822	841		17
823	842		18
824	843		19
825	844		20
826	845		21
827	846		22
828	847		23
829	848		24
830	849
	850	+	f. color coding.
	851	+	4. Each title issued pursuant to the provisions of the Oklahoma
	852	+	Vehicle License and Registration Act shall be color coded as
	853	+	determined by the Tax Commission.
	854	+	5. The certificate of title shall be of such size and design
	855	+	and color as the Tax Commission may direct pursuant to the
831	856		provisions of this section. The title shall be on colored paper or
832	857		other material as designated by the Tax C ommission and be of such
833	858		intensity or hue as will allow easy identification as to whether the
834	859		title is an original title, a salvage title, a rebuilt title,
835	860		remanufactured title, rebodied title or, a junked title, or a
836	861		foreign export title . The type of title shall be identified on the
837	862		front of the certificate of title. The original title, rebu ilt
838	863		title, remanufactured title, an unrecovered-theft title, rebodied
839	864		title, foreign export title, or classic title shall be identified by
840	865		the word "Original", "Rebuilt", "Remanufactured", "Unrecovered
841	866		Theft", "Rebodied", "Foreign Export", or "Classic" printed in the
842	867		upper right quadrant of the certificate of title, in the space which
843	868		is currently captioned "type of title". A rebodied title shall also
844	869		identify on the front of the title the year, make and model of the
845	870		originally manufactured vehicle which h as been rebodied and display
846	871		a notation that reads as follows: "This vehicle has been assembled
847	872		with new major components licensed by the original manufacturer ".
848		-	D. 1. To obtain an original certificate of tit le for a vehicle
849		-	that is being registered for the first time in this state which has
850		-	not been previously registered in any other state, the applicant
851		-	shall be required to deliver, as evidence of ownership, a
852		-	manufacturer's certificate of origin properly as signed by the
853		-	manufacturer, distributor, or de aler licensed in this or any other
854		-	state shown thereon to be the last transferee to the applicant upon
855	873
856		-	ENGR. H. B. NO. 3850 Page 18 1
	874	+	HB3850 HFLR Page 18
	875	+	BOLD FACE denotes Committee Amendments. 1
857	876		2
858	877		3
859	878		4
860	879		5
861	880		6
862	881		7
863	882		8
864	883		9
865	884		10
866	885		11
867	886		12
868	887		13
869	888		14
870	889		15
871	890		16
872	891		17
873	892		18
874	893		19
875	894		20
876	895		21
877	896		22
878	897		23
879	898		24
880	899
	900	+	D. 1. To obtain an original certificate of tit le for a vehicle
	901	+	that is being registered for the first time in this state which has
	902	+	not been previously registered in any other state, the applicant
	903	+	shall be required to deliver, as evidence of ownership, a
	904	+	manufacturer's certificate of origin properly as signed by the
	905	+	manufacturer, distributor, or de aler licensed in this or any other
	906	+	state shown thereon to be the last transferee to the applicant upon
881	907		a form to be prescribed and approved by the Tax Commission. A
882	908		manufacturer's certificate of origin shall c ontain:
883	909		a. the manufacturer's serial or other identification
884	910		number,
885	911		b. date on which first sold by the manufacturer to the
886	912		dealer,
887	913		c. any distinguishing marks including model and the year
888	914		same was made,
889	915		d. a statement of any security interests upon the
890	916		vehicle, and
891	917		e. such other information as the Ta x Commission may
892	918		require.
893	919		2. The manufacturer's certificate of origin shall have the
894	920		following security features:
895	921		a. intaglio printing or security thread, with or wi thout
896	922		watermark,
897	923		b. latent images,
898		-	c. fluorescent inks,
899		-	d. micro print, and
900		-	e. void background.
901		-	E. In the absence of a dealer's or manufacturer's number, the
902		-	Tax Commission may assign such identifying number to the vehicle,
903		-	which shall be permanently stam ped, burned or pressed or attached
904		-	into the vehicle, and a certificate of title shall be d elivered to
905	924
906		-	ENGR. H. B. NO. 3850 Page 19 1
	925	+	HB3850 HFLR Page 19
	926	+	BOLD FACE denotes Committee Amendments. 1
907	927		2
908	928		3
909	929		4
910	930		5
911	931		6
912	932		7
913	933		8
914	934		9
915	935		10
916	936		11
917	937		12
918	938		13
919	939		14
920	940		15
921	941		16
922	942		17
923	943		18
924	944		19
925	945		20
926	946		21
927	947		22
928	948		23
929	949		24
930	950
	951	+	c. fluorescent inks,
	952	+	d. micro print, and
	953	+	e. void background.
	954	+	E. In the absence of a dealer's or manufacturer's number, the
	955	+	Tax Commission may assign such identifying number to the vehicle,
	956	+	which shall be permanently stam ped, burned or pressed or attached
	957	+	into the vehicle, and a certificate of title shall be d elivered to
931	958		the applicant upon payment of all fees and taxes, and the remaining
932	959		copies shall be permanently filed and indexed by the Tax Commission.
933	960		The Tax Commission shall assign an identifying number to any rebuilt
934	961		vehicle if the vehicle identification number displayed on the
935	962		rebuilt vehicle does not accurately describe the vehicle as rebuilt.
936	963		The motor license agent, at the time of inspection of the rebuilt
937	964		vehicle pursuant to Section 1111 of this title, s hall identify the
938	965		make, model, and year for th e body to accurately describe the
939	966		rebuilt vehicle. At the time of the inspection, an appropriate
940	967		identifying number shall be permanently stamped, burned, pressed, or
941	968		attached on the rebuilt vehicle. The assig ned identifying number
942	969		shall be recorded on th e certificate of title for the rebuilt
943	970		vehicle. The dealer's or manufacturer's vehicle identification
944	971		number on the rebuilt vehicle shall be preserved in the compute r
945	972		files of the Tax Commission for at least f ive (5) years.
946	973		F. When registering for the fi rst time in this state a vehicle
947	974		which was not originally manufactured for sale in the United States,
948		-	to obtain a certificate of title, the Tax Commission shall requi re
949		-	the applicant to deliver:
950		-	1. As evidence of ownership, if the vehicle has not previous ly
951		-	been titled in the United States, the documents constituting valid
952		-	proof of ownership in the country in which the vehicle was
953		-	originally purchased, together with a notarized translation of any
954		-	such documents; and
955	975
956		-	ENGR. H. B. NO. 3850 Page 20 1
	976	+	HB3850 HFLR Page 20
	977	+	BOLD FACE denotes Committee Amendments. 1
957	978		2
958	979		3
959	980		4
960	981		5
961	982		6
962	983		7
963	984		8
964	985		9
965	986		10
966	987		11
967	988		12
968	989		13
969	990		14
970	991		15
971	992		16
972	993		17
973	994		18
974	995		19
975	996		20
976	997		21
977	998		22
978	999		23
979	1000		24
980	1001
	1002	+	to obtain a certificate of title, the Tax Commission shall requi re
	1003	+	the applicant to deliver:
	1004	+	1. As evidence of ownership, if the vehicle has not previous ly
	1005	+	been titled in the United States, the documents constituting valid
	1006	+	proof of ownership in the country in which the vehicle was
	1007	+	originally purchased, together with a notarized translation of any
	1008	+	such documents; and
981	1009		2. As evidence of compliance with feder al law, copies of the
982	1010		bond release letters for the vehicle issued by the United States
983	1011		Environmental Protection Agency and the United States Department of
984	1012		Transportation, together with a receipt issued by the I nternal
985	1013		Revenue Service indicating that the ap plicable federal gas guzzler
986	1014		tax has been paid.
987	1015		The Tax Commission shall not issue a certificate of title for a
988	1016		vehicle which is subject to the provisions of this par agraph without
989	1017		the required documentation fr om agencies of the United States and
990	1018		evidence of ownership. Upon receipt of an application without the
991	1019		required documentation, the Tax Commission shall return the
992	1020		application to the applicant with notice that th e certificate of
993	1021		title may not be issued wit hout the required documentation. Nothing
994	1022		in this paragraph shall prohibit the Tax Commission from issuing
995	1023		certificates of title for antique or classic vehicles not driven
996	1024		upon the public streets, roads, or highw ays, for mini-trucks
997		-	registered pursuant to Section 1151.3 of this title, or for medium -
998		-	speed electric vehicles.
999		-	G. When registering in this state a vehicle which was title d in
1000		-	another state and which title contains the name of a secured party
1001		-	on the face of the other state certificate of title, or such state
1002		-	certificate is being held by the s ecured party in that state or any
1003		-	other state, the Tax Commission or the motor lice nse agent shall
1004		-	complete a lien entry form as prescribed by the Tax Commission. Th e
1005	1025
1006		-	ENGR. H. B. NO. 3850 Page 21 1
	1026	+	HB3850 HFLR Page 21
	1027	+	BOLD FACE denotes Committee Amendments. 1
1007	1028		2
1008	1029		3
1009	1030		4
1010	1031		5
1011	1032		6
1012	1033		7
1013	1034		8
1014	1035		9
1015	1036		10
1016	1037		11
1017	1038		12
1018	1039		13
1019	1040		14
1020	1041		15
1021	1042		16
1022	1043		17
1023	1044		18
1024	1045		19
1025	1046		20
1026	1047		21
1027	1048		22
1028	1049		23
1029	1050		24
1030	1051
	1052	+	registered pursuant to Section 1151.3 of this title, or for medium -
	1053	+	speed electric vehicles.
	1054	+	G. When registering in this state a vehicle which was titled in
	1055	+	another state and which title contains the name of a secured party
	1056	+	on the face of the other state certificate of title, or such state
	1057	+	certificate is being held by the s ecured party in that state or any
	1058	+	other state, the Tax Commission or the motor license agent shall
	1059	+	complete a lien entry form as prescribed by the Tax Commission. Th e
1031	1060		owner of such vehicle shall file an affida vit with the Tax
1032	1061		Commission or the motor licen se agent stating that title to the
1033	1062		vehicle is being held by a secured party, has not been issued
1034	1063		pursuant to the laws of the state where titled, and that there is an
1035	1064		existing lien or encumbrance on the vehicle. The current name and
1036	1065		address of the secured party or lienholder shall also be stated in
1037	1066		the affidavit. The form of the affidavit shall be prescribed by the
1038	1067		Tax Commission and contain any other information deem ed necessary by
1039	1068		the Tax Commission. A state ment of the lien or encumbrance shall be
1040	1069		included on the Oklahoma certificate of title and the lien or
1041	1070		encumbrance shall be deemed continuously perfected as though it had
1042	1071		been perfected pursuant to Section 1110 o f this title. For
1043	1072		completing the lien entry form and recording the security interest
1044	1073		on the certificate of title, the Tax Commission or the motor license
1045	1074		agent shall collect a fee of Three Dollars ($3.00) which shall be in
1046	1075		addition to other fees provided by the Oklahoma Vehicle License and
1047		-	Registration Act. The fee, if collected by the motor license agent
1048		-	pursuant to this subsection, shall be retained by the motor license
1049		-	agent.
1050		-	H. The charge for each certificate of title issued, except for
1051		-	junked and foreign export titles as defined in paragraph 4 of
1052		-	subsection B of this section, shall be El even Dollars ($11.00),
1053		-	which charge shall be in addition to any other fees or taxes imposed
1054		-	by law for such vehicle. One Dollar ($1.00) of each such charge
1055	1076
1056		-	ENGR. H. B. NO. 3850 Page 22 1
	1077	+	HB3850 HFLR Page 22
	1078	+	BOLD FACE denotes Committee Amendments. 1
1057	1079		2
1058	1080		3
1059	1081		4
1060	1082		5
1061	1083		6
1062	1084		7
1063	1085		8
1064	1086		9
1065	1087		10
1066	1088		11
1067	1089		12
1068	1090		13
1069	1091		14
1070	1092		15
1071	1093		16
1072	1094		17
1073	1095		18
1074	1096		19
1075	1097		20
1076	1098		21
1077	1099		22
1078	1100		23
1079	1101		24
1080	1102
	1103	+	Registration Act. The fee, if collected by the motor license agent
	1104	+	pursuant to this subsection, shall be retained by the motor license
	1105	+	agent.
	1106	+	H. The charge for each certificate of title issued, except for
	1107	+	junked and foreign export titles as defined in paragraph 4 of
	1108	+	subsection B of this section, shall be El even Dollars ($11.00),
	1109	+	which charge shall be in addition to any other fees or taxes imposed
	1110	+	by law for such vehicle. One Dollar ($1.00) of each such charge
1081	1111		shall be deposited in the Oklahoma Tax Commission Rei mbursement
1082	1112		Fund. However, the charge shall no t apply to any vehicle which is
1083	1113		to be registered in this state pursuant to the provisions of Section
1084	1114		1120 or 1133 of this title and which was registered in another st ate
1085	1115		at least sixty (60) days prior to the ti me it is required to be
1086	1116		registered in this sta te. When an insurer requests a salvage or
1087	1117		junk title in the name of the insurer resulting from the settlement
1088	1118		of a total loss claim and upon presentation of appropri ate proof of
1089	1119		loss documentation as required by the Commission, such transfer may
1090	1120		be processed as one title transaction, without first requiring
1091	1121		issuance of a replacement certificate of title in the name of the
1092	1122		vehicle owner. The fee shall be Twenty -two Dollars ($22.00). Two
1093	1123		Dollars ($2.00) of this fee shall be deposited in the Oklahoma Tax
1094	1124		Commission Reimbursement Fund. The charge for a foreign export
1095	1125		title shall be One Hundred Dollars ($100.00), which charge shall be
1096	1126		in addition to any other fe es or taxes imposed by law for such
1097		-	vehicle. One Dollar ($1.00) of this fee shall be deposited in the
1098		-	Oklahoma Tax Commission Reimbursement Fund.
1099		-	I. The vehicle identification numb er of a junked vehicle shall
1100		-	be preserved in the computer files of the Tax Commissi on for a
1101		-	period of not less than five (5) ye ars. The charge of junked titles
1102		-	as defined in paragraph 4 of subsection B of this section shall be
1103		-	Four Dollars ($4.00). The f ee remitted to the Tax Commission shall
1104		-	be deposited in the Oklahoma Tax Commission Reimbursement Fund.
1105	1127
1106		-	ENGR. H. B. NO. 3850 Page 23 1
	1128	+	HB3850 HFLR Page 23
	1129	+	BOLD FACE denotes Committee Amendments. 1
1107	1130		2
1108	1131		3
1109	1132		4
1110	1133		5
1111	1134		6
1112	1135		7
1113	1136		8
1114	1137		9
1115	1138		10
1116	1139		11
1117	1140		12
1118	1141		13
1119	1142		14
1120	1143		15
1121	1144		16
1122	1145		17
1123	1146		18
1124	1147		19
1125	1148		20
1126	1149		21
1127	1150		22
1128	1151		23
1129	1152		24
1130	1153
	1154	+	vehicle. One Dollar ($1.00) of this fee shall be deposited in the
	1155	+	Oklahoma Tax Commission Reimbursement Fund.
	1156	+	I. The vehicle identification number of a junked vehicle shall
	1157	+	be preserved in the computer files of the Tax Commissi on for a
	1158	+	period of not less than five (5) ye ars. The charge of junked titles
	1159	+	as defined in paragraph 4 of subsection B of this section shall be
	1160	+	Four Dollars ($4.00). The fee remitted to the Tax Commission shall
	1161	+	be deposited in the Oklahoma Tax Commission Reimbursement Fund.
1131	1162		J. If a vehicle is sol d to a resident of another state,
1132	1163		destroyed, dismantled, or ceases to be used as a vehicle, the owner
1133	1164		shall immediately notify the Tax Commission. Absent evidence to the
1134	1165		contrary, failure to notify the Tax Commi ssion shall be prima facie
1135	1166		evidence that the vehicle has been in continuous operation in t his
1136	1167		state.
1137	1168		K. If a vehicle is stolen, the owner shall immediately notify
1138	1169		the appropriate law enforcement agency. Immediately after receiving
1139	1170		such notification, the law enforcement agency shall notify the Tax
1140	1171		Commission.
1141	1172		L. Except for all-terrain vehicles, utility vehicles and
1142	1173		motorcycles used exclusively for off-road use, no title for an out -
1143	1174		of-state vehicle, except any commercial truck or truck -tractor
1144	1175		registered pursuant to Section 1120 of this title which is engaged
1145		-	in interstate commerce or, any trailer or semitrailer registered
	1176	+	in interstate commerce, or any trailer or semitrailer registered
1146	1177		pursuant to Section 1133 of this title which is engaged in
1147		-	interstate commerce, or any vehicle titled as a foreign export ,
1148		-	shall be issued without an inspection of such vehicle and payment of
1149		-	a fee of Four Dollars ($4.00) for such inspection; provided, the Tax
1150		-	Commission may enter into reciprocal agreements with other states
1151		-	for such inspections to be performed at locations outside the
1152		-	boundaries of this state for vehicles which:
1153		-	1. Are offered for sale at auction;
1154	1178
1155		-	ENGR. H. B. NO. 3850 Page 24 1
	1179	+	HB3850 HFLR Page 24
	1180	+	BOLD FACE denotes Committee Amendments. 1
1156	1181		2
1157	1182		3
1158	1183		4
1159	1184		5
1160	1185		6
1161	1186		7
1162	1187		8
1163	1188		9
1164	1189		10
1165	1190		11
1166	1191		12
1167	1192		13
1168	1193		14
1169	1194		15
1170	1195		16
1171	1196		17
1172	1197		18
1173	1198		19
1174	1199		20
1175	1200		21
1176	1201		22
1177	1202		23
1178	1203		24
1179	1204
	1205	+	interstate commerce, or any vehicle titled as a foreign export ,
	1206	+	shall be issued without an inspection of such vehicle and payment of
	1207	+	a fee of Four Dollars ($4.00) for such inspection; provided, the Tax
	1208	+	Commission may enter into reciprocal agreements with other states
	1209	+	for such inspections to be performed at locations outside the
	1210	+	boundaries of this state for vehicles which:
	1211	+	1. Are offered for sale at auction;
1180	1212		2. Have been solely used as vehicles for rent under the
1181	1213		ownership of a licensed motor vehicle dealer or a person engaged in
1182	1214		the business of renting motor vehicles; or
1183	1215		3. Have not been registered in this or any other sta te for more
1184	1216		than one (1) year.
1185	1217		The inspection shall include a comparison of the vehicle
1186	1218		identification number on the vehicle with the number recorded on the
1187	1219		ownership records and the recording of the actual odome ter reading
1188	1220		on the vehicle. The four -dollar fee shall be collected by the motor
1189	1221		license agent or Tax Commission when the title is issued. The motor
1190	1222		license agent shall retain Two Dollars ($2.00). The remaining Two
1191	1223		Dollars ($2.00) shall be deposited in t he Oklahoma Tax Commission
1192	1224		Reimbursement Fund.
1193	1225		The Tax Commission may allow the inspection to be performed at a
1194	1226		location out-of-state by another state's department of motor
1195	1227		vehicles or state police.
1196		-	M. No title for any out -of-state vehicle offered for sal e at
1197		-	salvage pools, salvage disposal sales, or an auction, or by a dealer
1198		-	or a licensed automotive dismantler and parts recycler, shall be
1199		-	issued without an inspection to co mpare the vehicle identification
1200		-	number on the vehicle with the number recorded on the ownership
1201		-	record and to record the actua l odometer reading on the vehicle.
1202		-	Upon request of the seller, person or entity conducting an auction,
1203		-	dealer or licensed disman tler, the inspection shall be conducted at
1204	1228
1205		-	ENGR. H. B. NO. 3850 Page 25 1
	1229	+	HB3850 HFLR Page 25
	1230	+	BOLD FACE denotes Committee Amendments. 1
1206	1231		2
1207	1232		3
1208	1233		4
1209	1234		5
1210	1235		6
1211	1236		7
1212	1237		8
1213	1238		9
1214	1239		10
1215	1240		11
1216	1241		12
1217	1242		13
1218	1243		14
1219	1244		15
1220	1245		16
1221	1246		17
1222	1247		18
1223	1248		19
1224	1249		20
1225	1250		21
1226	1251		22
1227	1252		23
1228	1253		24
1229	1254
	1255	+	M. No title for any out -of-state vehicle offered for sal e at
	1256	+	salvage pools, salvage disposal sales, or an auction, or by a dealer
	1257	+	or a licensed automotive dismantler and parts recycler, shall be
	1258	+	issued without an inspection to compare the vehicle identification
	1259	+	number on the vehicle with the number recorded on the ownership
	1260	+	record and to record the actua l odometer reading on the vehicle.
	1261	+	Upon request of the seller, person or entity conducting an auction,
	1262	+	dealer or licensed dismantler, the inspection shall be conducted at
1230	1263		the location or place of business of the sale, auction, dealer, or
1231	1264		the dismantler. The inspection shall be conducted by any motor
1232	1265		license agent or a duly authorized employee thereof; provided, if
1233	1266		the vehicle identification number on the vehicle offered for sale at
1234	1267		salvage pools, salvage disposa l sales or a classic or antique
1235	1268		auction does not match the number recorded on the ownershi p record,
1236	1269		the inspection may be conducted at the location of or place of
1237	1270		business of such sale or auction by any state, county or city law
1238	1271		enforcement officer. The T ax Commission may enter into reciprocal
1239	1272		agreements with other states for such inspections to be performed at
1240	1273		locations outside the boundaries of this state for vehicles which:
1241	1274		1. Are offered for sale at auction;
1242	1275		2. Have been solely used as vehicles for r ent under the
1243	1276		ownership of a licensed motor vehicle dealer or a person engaged in
1244	1277		the business of renting motor vehicles; or
1245		-	3. Have not been registered in this or any othe r state for more
1246		-	than one (1) year.
1247		-	The inspection shall be certified upon forms pr escribed by the Tax
1248		-	Commission. The name an d other identification of the authorized
1249		-	person conducting the inspection shall be legibly printed or typed
1250		-	on the form. Prior t o any inspection by any employee of a motor
1251		-	license agent, the motor license agent shall notify the Tax
1252		-	Commission of the name and any other identification information
1253		-	requested by the Tax Commission of the authorized person. A
1254	1278
1255		-	ENGR. H. B. NO. 3850 Page 26 1
	1279	+	HB3850 HFLR Page 26
	1280	+	BOLD FACE denotes Committee Amendments. 1
1256	1281		2
1257	1282		3
1258	1283		4
1259	1284		5
1260	1285		6
1261	1286		7
1262	1287		8
1263	1288		9
1264	1289		10
1265	1290		11
1266	1291		12
1267	1292		13
1268	1293		14
1269	1294		15
1270	1295		16
1271	1296		17
1272	1297		18
1273	1298		19
1274	1299		20
1275	1300		21
1276	1301		22
1277	1302		23
1278	1303		24
1279	1304
	1305	+	3. Have not been registered in this or any other state for more
	1306	+	than one (1) year.
	1307	+	The inspection shall be certified upon forms pr escribed by the Tax
	1308	+	Commission. The name an d other identification of the authorized
	1309	+	person conducting the inspection shall be legibly printed or typed
	1310	+	on the form. Prior to any inspection by any employee of a motor
	1311	+	license agent, the motor license agent shall notify the Tax
	1312	+	Commission of the name and any other identification information
	1313	+	requested by the Tax Commission of the authorized person. A
1280	1314		signature specimen of the authorized person shall be submitted to
1281	1315		the Tax Commission by the employing motor li cense agent. If the
1282	1316		authorization to inspec t vehicles is withdrawn or the employer -
1283	1317		employee relationship is terminated, the motor license agent,
1284	1318		immediately, shall notify the Tax Commission and return any
1285	1319		remaining inspection forms to the Tax Commission. The fee for the
1286	1320		inspection shall be Four Do llars ($4.00). The motor license agent
1287	1321		shall retain Three Dollars ($3.00) of the fee. Fees received by a
1288	1322		motor license agent or an authorized employee thereof shall be
1289	1323		handled and accounted for in the manner as prescribed by law for any
1290	1324		other fees paid to or received by a motor license agent. Out -of-
1291	1325		state vehicles brought into this state by a person licensed in
1292	1326		another state to sell new or used vehicles to be sold within this
1293	1327		state at a motor vehicle auction wh ich is limited to dealer -to-
1294	1328		dealer transactions shall not be required to be inspected, unl ess
1295		-	the vehicle is purchased by an Oklahoma dealer. Any person licensed
1296		-	in another state to sell new or used motor vehicles, who offers a
1297		-	motor vehicle for sale with in this state at a motor vehicle auction
1298		-	which is limited to dealer-to-dealer transactions, shall not be
1299		-	within the definition of "owner" in Section 1102 of this title, for
1300		-	purposes of Section 1101 et seq. of this title.
1301		-	N. A licensed motor vehicle dealer , upon payment of a fee of
1302		-	Fifteen Dollars ($15.00), may reassign an out-of-state certificate
1303		-	of title to a used motor vehicle provided such dealer obtains the
1304	1329
1305		-	ENGR. H. B. NO. 3850 Page 27 1
	1330	+	HB3850 HFLR Page 27
	1331	+	BOLD FACE denotes Committee Amendments. 1
1306	1332		2
1307	1333		3
1308	1334		4
1309	1335		5
1310	1336		6
1311	1337		7
1312	1338		8
1313	1339		9
1314	1340		10
1315	1341		11
1316	1342		12
1317	1343		13
1318	1344		14
1319	1345		15
1320	1346		16
1321	1347		17
1322	1348		18
1323	1349		19
1324	1350		20
1325	1351		21
1326	1352		22
1327	1353		23
1328	1354		24
1329	1355
	1356	+	the vehicle is purchased by an Oklahoma dealer. Any person licensed
	1357	+	in another state to sell new or used motor vehicles, who offers a
	1358	+	motor vehicle for sale with in this state at a motor vehicle auction
	1359	+	which is limited to dealer-to-dealer transactions, shall not be
	1360	+	within the definition of "owner" in Section 1102 of this title, for
	1361	+	purposes of Section 1101 et seq. of this title.
	1362	+	N. A licensed motor vehicle dealer , upon payment of a fee of
	1363	+	Fifteen Dollars ($15.00), may reassign an out-of-state certificate
	1364	+	of title to a used motor vehicle provided such dealer obtains the
1330	1365		appropriate inspection form required by either subsection L or M of
1331	1366		this section and attaches th e form to the out-of-state certificate
1332	1367		of title. Motor license agents shall be allowed to retain Two
1333	1368		Dollars and twenty-five cents ($2.25) of the fee plus an additional
1334	1369		Two Dollars ($2.00) or Three Dollars ($3.00) as provided in
1335	1370		subsections L and M of thi s section for performance of the
1336	1371		inspection. Two Dollars ($2.00) of the fee shall be depo sited in
1337	1372		the Tax Commission Reimbursement Fund. An out-of-state vehicle
1338	1373		which has been rebuilt shall be inspected pursuant to the provisions
1339	1374		of Section 1111 of this title. The Tax Commission shall train motor
1340	1375		license agents in interpreting vehicle identi fication numbers to
1341	1376		assure that it accurately describes the vehicle and to detect
1342	1377		rollback or alteration of the odometer. Failure of a motor license
1343	1378		agent to inspect the vehicle and make the required notations shall
1344	1379		be a misdemeanor punishable by a fine o f not more than One Thousand
1345		-	Dollars ($1,000.00) for the first offense and Five Tho usand Dollars
1346		-	($5,000.00) for the second offense or subsequent offense, or by
1347		-	imprisonment in the county jail for not more than six (6) months, or
1348		-	by both such fine and impr isonment.
1349		-	O. The ownership of any unrecovered vehicle which has been
1350		-	declared a total loss by an insurer because of theft shall be
1351		-	transferred to the insurer by an u nrecovered-theft vehicle title;
1352		-	provided, the ownership of any such vehicle which has been declared
1353		-	a total loss by an insurer licensed by the Insurance Department of
1354	1380
1355		-	ENGR. H. B. NO. 3850 Page 28 1
	1381	+	HB3850 HFLR Page 28
	1382	+	BOLD FACE denotes Committee Amendments. 1
1356	1383		2
1357	1384		3
1358	1385		4
1359	1386		5
1360	1387		6
1361	1388		7
1362	1389		8
1363	1390		9
1364	1391		10
1365	1392		11
1366	1393		12
1367	1394		13
1368	1395		14
1369	1396		15
1370	1397		16
1371	1398		17
1372	1399		18
1373	1400		19
1374	1401		20
1375	1402		21
1376	1403		22
1377	1404		23
1378	1405		24
1379	1406
	1407	+	Dollars ($1,000.00) for the first offense and Five Thousand Dollars
	1408	+	($5,000.00) for the second offense or subsequent offense, or by
	1409	+	imprisonment in the county jail for not more than six (6) months, or
	1410	+	by both such fine and impr isonment.
	1411	+	O. The ownership of any unrecovered vehicle which has been
	1412	+	declared a total loss by an insurer because of theft shall be
	1413	+	transferred to the insurer by an u nrecovered-theft vehicle title;
	1414	+	provided, the ownership of any such vehicle which has been declared
	1415	+	a total loss by an insurer licensed by the Insurance Department of
1380	1416		the State of Oklahoma and maintaining a multi -state motor vehicle
1381	1417		salvage processing cent er in this state shall be transferred to the
1382	1418		insurer by a salvage or an unrecovered -theft title without the
1383	1419		requirement of a visual inspection of the vehicle identification
1384	1420		number by the insurer. Upon recovery of the vehicle, the ownership
1385	1421		shall be transferred by an original title, salvage title, o r junked
1386	1422		title, as may be appropriate based up on an estimate of the amount of
1387	1423		loss submitted by the insurer.
1388	1424		P. When an insurance company makes a total loss settlement on a
1389	1425		total loss vehicle and the insurance c ompany or a salvage pool
1390	1426		authorized by the insurance company is unable to obtain the prope rly
1391	1427		endorsed certificate of ownership or other evidence of ownership
1392	1428		acceptable to the Oklahoma Tax Commission within thirty (30) days
1393	1429		following acceptance by the own er of an offer of an amount in
1394	1430		settlement of a total loss, that insurance company or salva ge pool,
1395		-	on a form provided by the Oklahoma Tax Commission and signed under
1396		-	penalty of perjury, may request the Oklahoma Tax Commission to issue
1397		-	the applicable salvag e title for the vehicle. The request shall
1398		-	include information declaring that the request er has made at least
1399		-	two written attempts to obtain the certificate of ownership or other
1400		-	acceptable evidence of title.
1401		-	Q. The owner of any vehicle which is incapabl e of operation or
1402		-	use on the public roads an d has no resale value, except as parts,
1403		-	scrap or junk, may deliver the certificate of title to the vehicle
1404	1431
1405		-	ENGR. H. B. NO. 3850 Page 29 1
	1432	+	HB3850 HFLR Page 29
	1433	+	BOLD FACE denotes Committee Amendments. 1
1406	1434		2
1407	1435		3
1408	1436		4
1409	1437		5
1410	1438		6
1411	1439		7
1412	1440		8
1413	1441		9
1414	1442		10
1415	1443		11
1416	1444		12
1417	1445		13
1418	1446		14
1419	1447		15
1420	1448		16
1421	1449		17
1422	1450		18
1423	1451		19
1424	1452		20
1425	1453		21
1426	1454		22
1427	1455		23
1428	1456		24
1429	1457
	1458	+	on a form provided by the Oklahoma Tax Commission and signed under
	1459	+	penalty of perjury, may request the Oklahoma Tax Commission to issue
	1460	+	the applicable salvag e title for the vehicle. The request shall
	1461	+	include information declaring that the request er has made at least
	1462	+	two written attempts to obtain the certificate of ownership or other
	1463	+	acceptable evidence of title.
	1464	+	Q. The owner of any vehicle which is incapabl e of operation or
	1465	+	use on the public roads an d has no resale value, except as parts,
	1466	+	scrap or junk, may deliver the certificate of title to the vehicle
1430	1467		to the Tax Commission for cancellation. Upon verification that any
1431	1468		perfected lien against the vehicle ha s been released, the
1432	1469		certificate of title sh all be canceled without any fee, charge, or
1433	1470		cost required from the owner. The vehicle identification numbers on
1434	1471		the certificates of title shall be preserved in the computer files
1435	1472		of the Tax Commission for at lea st five (5) years from the date of
1436	1473		cancellation of the certificate of title. The Tax Comm ission shall
1437	1474		prescribe and provide an affidavit form to be completed by the owner
1438	1475		of any vehicle for which the certificate of title is canceled. No
1439	1476		title or registration shall subsequently be issued for a vehi cle for
1440	1477		which the certificate of title has bee n surrendered pursuant to this
1441	1478		subsection. The Tax Commission shall prescribe a form for the
1442	1479		transfer of ownership of a vehicle for which the certificate of
1443	1480		title has been canceled.
1444		-	R. The owner of a vehicle which is not within the last ten (10)
1445		-	model years, not roadworthy and not capable of repair for operation
1446		-	or use on the roads and highways, or a vehicle which is being sold
1447		-	to a scrap metal dealer pursuant to Sec tion 11-92 of Title 2 of the
1448		-	Oklahoma Statutes, shall transfer the vehicle only upon a
1449		-	certificate of ownership prescribed by the Tax Commission, if the
1450		-	certificate of title to the vehicle is lost, has been canceled, or
1451		-	otherwise not available. The prescr ibed ownership form shall
1452		-	include the names and addresses of the buyer and seller, the dri ver
1453		-	license number or Social Security number of the seller, the make and
1454	1481
1455		-	ENGR. H. B. NO. 3850 Page 30 1
	1482	+	HB3850 HFLR Page 30
	1483	+	BOLD FACE denotes Committee Amendments. 1
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1477	1505		23
1478	1506		24
1479	1507
	1508	+	R. The owner of a vehicle which is not within the last ten (10)
	1509	+	model years, not roadworthy and not capable of repair for operation
	1510	+	or use on the roads and highways, or a vehicle which is being sold
	1511	+	to a scrap metal dealer pursuant to Sec tion 11-92 of Title 2 of the
	1512	+	Oklahoma Statutes, shall transfer the vehicle only upon a
	1513	+	certificate of ownership prescribed by the Tax Commission, if the
	1514	+	certificate of title to the vehicle is lost, has been canceled, or
	1515	+	otherwise not available. The prescr ibed ownership form shall
	1516	+	include the names and addresses of the buyer and seller, the dri ver
	1517	+	license number or social security number of the seller, the make and
1480	1518		model of the vehicle, and the public vehicle identification number.
1481	1519		If there is no public ve hicle identification number, the vehicle
1482	1520		shall be inspected by a law enforcement officer t o verify the
1483	1521		absence of the number on the vehicle and the prescribed ownership
1484	1522		form shall include a signed statement, by such officer, verifying
1485	1523		the absence of the nu mber.
1486	1524		The certificate of ownership shall be completed in triplicate.
1487	1525		The buyer and seller shall each retain a copy. Within thirty (30)
1488	1526		days of the transaction, the seller shall submit one copy to the Tax
1489	1527		Commission or a motor license agent accompanied wi th a fee of Four
1490	1528		Dollars ($4.00). One Dolla r ($1.00) shall be retained by the motor
1491	1529		license agent and Three Dollars ($3.00) shall be deposited in the
1492	1530		Oklahoma Tax Commission Reimbursement Fund in the State Treasury.
1493		-	Upon receipt of the certificate, the Ta x Commission shall verify
1494		-	that any perfected lien upon the vehicle has been released. If the
1495		-	lien is not released, the Tax Commission shall mail notice of the
1496		-	transfer to the lienholder at the lienholder 's last-known address.
1497		-	If a certificate of title ha s been issued, it shall be canceled and
1498		-	the vehicle identification number shall be preserv ed in the computer
1499		-	of the Tax Commission for at least five (5) years. The buyer of the
1500		-	vehicle may not be sued and shall not be liable for monetary damages
1501		-	to the lienholder, however, the vehicle shall be subj ect to a valid
1502		-	repossession by a lienholder.
1503	1531
1504		-	ENGR. H. B. NO. 3850 Page 31 1
	1532	+	HB3850 HFLR Page 31
	1533	+	BOLD FACE denotes Committee Amendments. 1
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1526	1555		23
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1528	1557
	1558	+	Upon receipt of the certificate, the Ta x Commission shall verify
	1559	+	that any perfected lien upon the vehicle has been released. If the
	1560	+	lien is not released, the Tax Commission shall mail notice of the
	1561	+	transfer to the lienholder at the lienholder 's last-known address.
	1562	+	If a certificate of title ha s been issued, it shall be canceled and
	1563	+	the vehicle identification number shall be preserv ed in the computer
	1564	+	of the Tax Commission for at least five (5) years. The buyer of the
	1565	+	vehicle may not be sued and shall not be liable for monetary damages
	1566	+	to the lienholder, however, the vehicle shall be subj ect to a valid
	1567	+	repossession by a lienholder.
1529	1568		S. The Tax Commission shall notify the chief administrative
1530	1569		officer of the agency or department responsible for issuing motor
1531	1570		vehicle certificates of title in each st ate in the United States of
1532	1571		the types of motor vehicle certificate of title effective in
1533	1572		Oklahoma on and after January 1, 1989.
1534	1573		T. When registering for the first time in this state a
1535	1574		remanufactured vehicle which has not been registered in any other
1536	1575		state since its remanufacture, before issuing a ce rtificate of
1537	1576		title, the Tax Commission shall r equire the applicant to deliver a
1538	1577		statement of origin from the remanufacturer.
1539	1578		U. If a vehicle is sold to a foreign buyer pursuant to the
1540	1579		provisions of the Automotiv e Dismantlers and Parts Recycler Act, the
1541	1580		licensed seller shall stamp the title with: "EXPORT ONLY.
1542	1581		NONTRANSFERABLE IN THE UNITED STATES." The licensed seller shall
1543		-	supply the Tax Commission the title number, the vehicle
1544		-	identification number and the fo reign buyer's bid identification
1545		-	number on a form prescribed by the Tax Commission. The T ax
1546		-	Commission shall cancel the title, and the vehicle identification
1547		-	number shall be preserved in the computer files of the Tax
1548		-	Commission for a period of not less th an five (5) years.
1549		-	V. The Tax Commission sh all not be considered a necessary party
1550		-	to any lawsuit which is instigated for the purpose of determining
1551		-	ownership of a vehicle, wherein the Tax Commission 's only
1552		-	involvement would be to issue title, and the cou rt shall issue an
1553	1582
1554		-	ENGR. H. B. NO. 3850 Page 32 1
	1583	+	HB3850 HFLR Page 32
	1584	+	BOLD FACE denotes Committee Amendments. 1
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1556	1586		3
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1578	1608
	1609	+	supply the Tax Commission the title number, the vehicle
	1610	+	identification number and the fo reign buyer's bid identification
	1611	+	number on a form prescribed by the Tax Commission. The T ax
	1612	+	Commission shall cancel the title, and the vehicle identification
	1613	+	number shall be preserved in the computer files of the Tax
	1614	+	Commission for a period of not less th an five (5) years.
	1615	+	V. The Tax Commission sh all not be considered a necessary party
	1616	+	to any lawsuit which is instigated for the purpose of determining
	1617	+	ownership of a vehicle, wherein the Tax Commission 's only
	1618	+	involvement would be to issue title, and the cou rt shall issue an
1579	1619		order dismissing the Tax C ommission from the pending action. In the
1580	1620		event no other party or lienholder can be identified as to ownership
1581	1621		or claim, the Tax Commission shall accept an affidavit of ownership
1582	1622		from the party claiming ownershi p and issue proper title thereon.
1583	1623		SECTION 3. This act shall become effect ive July 1, 2022.
1584	1624		SECTION 4. It being immediately necessary for the preservation
1585	1625		of the public peace, health or safety, an emergency is hereby
1586	1626		declared to exist, by reason whereof this act shal l take effect and
1587	1627		be in full force from and af ter its passage and approval.
1588		-	Passed the House of Representatives the 9th day of March, 2022.
1589	1628
1590		-
1591		-
1592		-
1593		-	Presiding Officer of the House
1594		-	of Representatives
1595		-
1596		-
1597		-	Passed the Senate the ___ day of __________, 2022.
1598		-
1599		-
1600		-
1601		-
1602		-	Presiding Officer of the Senate
1603		-
1604		-
	1629	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
	1630	+	02/22/2022 - DO PASS, As Amended and Coauthored.