Oklahoma 2022 Regular Session

Oklahoma House Bill HB4101 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB4101 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
	3	+	ENGR. H. B. NO. 4101 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 7, 2022
31		-	AS AMENDED
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 4101 By: Frix of the House
35	30
36	31		and
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38	33		Standridge of the Senate
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43		-	[ transportation - towing of vehicle from roadway -
44		-	retention of certain vehicles - effective date ]
	38	+	An Act relating to transportation; amending 47 O.S.
	39	+	2021, Section 955, which relates to towing of vehicle
	40	+	from roadway; requiring towing o f certain vehicles as
	41	+	one unit; requiring retention of certain vehicles
	42	+	until reimbursement is made; and p roviding an
	43	+	effective date.
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49	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
50	49		SECTION 1. AMENDATORY 47 O.S. 2021, Section 955 , is
51	50		amended to read as follows:
52	51		Section 955. A. Any officer of the Department of Public Safety
53	52		or any other political subdivision of this state is hereby
54	53		authorized to cause to be towed any vehicle found upon public roads,
55	54		highways, streets, turnpikes, priv ate parking lots accessible to t he
56	55		public, other public places or upon any private road, street, alle y
57	56		or lane which provides access to one or more single -family or
58	57		multifamily dwellings when:
59	58		1. A report has been made that the vehicle has been stolen or
60	59		taken without the consent of its owner;
61	60		2. The officer has reason to believe the vehicle has been
62	61		abandoned as defined in Sections 901 and 902 of this title;
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64		-	SENATE FLOOR VERSION - HB4101 SFLR Page 2
65		-	(Bold face denotes Committee Amendments) 1
	63	+	ENGR. H. B. NO. 4101 Page 2 1
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90	88		3. The person driving or in control of the vehicle is arrested
91	89		for an alleged offense for which the officer is required by law t o
92	90		take the person arrested or summoned before a proper magistrate
93	91		without unnecessary delay;
94	92		4. At the scene of an accident, if the owner or driver is not
95	93		in a position to take charge of the vehicle and direct or request
96	94		its proper removal;
97	95		5. The officer has probable cause that the person operating the
98	96		vehicle has not been granted driving privileges or that the driving
99	97		privileges of the person are curr ently suspended, revoked, canceled,
100	98		denied, or disqualified;
101	99		6. The officer has probable cause that the vehicle has been
102	100		used in the commission of a felony offense and th e officer has
103	101		obtained a search warrant authorizing the search and seizure of the
104	102		vehicle;
105	103		7. The officer has probable cause that the vehicle is not
106	104		insured as required by the Compulsory Insurance Law of this state;
107	105		or
108	106		8. The vehicle is involved in a f atal motor vehicle collision
109	107		and is needed for evidentiary purposes ; or
110	108		9. Any truck tractor and semitrailer combination requir es
111	109		towing services for either the truck tractor or semitrailer, the
112	110		combination of the truck tractor and semitrailer combination shall
113	111		be considered one unit and the licensed wrecker operator responding
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115		-	SENATE FLOOR VERSION - HB4101 SFLR Page 3
116		-	(Bold face denotes Committee Amendments) 1
	113	+	ENGR. H. B. NO. 4101 Page 3 1
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141	138		shall tow and retain both the truck tractor and the semitrailer
142	139		until reimbursement has been made for services rendered .
143	140		No vehicle shall be released after impoundment unless the owner
144	141		provides to the storing facility proof of valid insurance or an
145	142		affidavit of nonuse on the roadway, or in the event of a r elease
146	143		request from an insurer or the representative of the insurer who has
147	144		accepted liability for the vehicle, no su ch proof of insurance or
148	145		affidavit of nonuse on the roadway shall be required.
149	146		B. A licensed wrecker operator is not liable for damage to a
150	147		vehicle, vessel, or cargo that obstructs the normal movement of
151	148		traffic or creates a hazard to traffic and is remov ed in compliance
152	149		with the request of a law enforcement officer, unless there is
153	150		failure to exercise reasonable care in the performance of the act or
154	151		for conduct that is wil lful or malicious.
155	152		C. Each officer of the Depart ment shall use the services of the
156	153		licensed wrecker operator whose location is nearest to the vehicle
157	154		to be towed in all instances in s ubsection A of this section. The
158	155		requests for services may be alternate d or rotated among all
159	156		licensed wrecker operators who are located within a reasonabl e
160	157		radius of each other. In like manner, the officer shall advise any
161	158		person requesting information as to the availability of a wrecker o r
162	159		towing service, the name of the n earest licensed wrecker operator,
163	160		giving equal consideration to all licensed wrecker operators located
164	161		within a reasonable radius of each other . In cities of less than
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166		-	SENATE FLOOR VERSION - HB4101 SFLR Page 4
167		-	(Bold face denotes Committee Amendments) 1
	163	+	ENGR. H. B. NO. 4101 Page 4 1
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192	188		fifty thousand (50,000) population, all licensed wre cker operators
193	189		located near or in t he city limits of such cities shall be
194	190		considered as being equal distance and shall be called on an equal
195	191		basis as nearly as possible. In counties bordering other states, if
196	192		the officer deems safety and time consideratio ns warrant, the
197	193		officer may call a wrecker or towing service that is not on the
198	194		rotation log.
199	195		D. Any officer of the De partment who has been requested by a
200	196		person in need of wrecker or towing service to call a specific
201	197		wrecker or towing service for such person, and who calls a different
202	198		wrecker or towing service other than the one request ed, without the
203	199		consent of the person, except where hazardous conditions exist,
204	200		shall be subject to progressive discipline issued by the Department
205	201		except in instances where a vehicle is removed from the roa dway
206	202		under the authority of paragraphs 3, 4 and 6 of subsection A of this
207	203		section.
208	204		E. Operators conducting a tow under this section shall release
209	205		all personal property within the vehi cle to an insurer or
210	206		representative of the insurer who has accepted liab ility for the
211	207		vehicle, or to the registered owner or the owner's personal
212	208		representative as designated by the registered owner on a form
213	209		approved by the Department . The registered owner or representative
214	210		of the registered owner shall provide proof of iden tity in
215	211		accordance with the Department's rules re lated to establishing
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217		-	SENATE FLOOR VERSION - HB4101 SFLR Page 5
218		-	(Bold face denotes Committee Amendments) 1
	213	+	ENGR. H. B. NO. 4101 Page 5 1
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243	238		identity. Upon the release of personal property to an insurer or
244	239		representative of the insurer, wrecker operator s shall be exempt
245	240		from all liability and shall be held harmless for any losses or
246	241		claims of loss. Personal property shal l include everything in a
247	242		vehicle except the vehicle, the attached or installed equipment,
248	243		vehicle keys or devices to start and unlock the vehicle, and the
249	244		spare tire and tools to change the tire . Interlock devices may be
250	245		removed pursuant to Section 11 -902a of this title. If release of
251	246		personal property occurs during normal business hours as prescribed
252	247		by the Corporation Commission, it shall be at no cost to the
253	248		registered owner or the owner prior to the re possession. After-hour
254	249		fees may be assessed as p rescribed by this Chapter or by the
255	250		Corporation Commission, when the release of property is made after
256	251		the prescribed normal business h ours.
257	252		F. The operator of a wrecker or towing service may request a
258	253		person offering proof of ownership of personal proper ty and any
259	254		interlock device to exec ute a form provided by the operator
260	255		exempting the operator from liability for such release.
261	256		SECTION 2. This act shall become effective November 1, 2022.
262		-	COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION
263		-	April 7, 2022 - DO PASS AS AMENDED
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	258	+	ENGR. H. B. NO. 4101 Page 6 1
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	283	+	Passed the House of Representatives the 14th day of March, 2022.
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	288	+	Presiding Officer of the House
	289	+	of Representatives
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	292	+	Passed the Senate the ___ day of __________, 2022.
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	297	+	Presiding Officer of the Senate