Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1243 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1243 By: Quinn of the Senate
7	37
8	38		and
9	39
10	40		Sneed of the House
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12	42
13	43
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15	45		An Act relating to motor vehicles; amending 47 O.S.
16	46		2021, Section 1105, which relates t o certificates of
17	47		title; exempting certain vehicle title transfers from
18	48		certain requirements; amending 47 O.S. 2021, Section
19	49		1107, which relates to the sale or transfer of
20	50		ownership of a vehicle; authorizing the use of an
21	51		electronic signature on documents required for the
22	52		transfer of ownership of a vehicle resulting from the
23	53		settlement of a total loss claim; and providing an
24	54		effective date.
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29		-	SUBJECT: Motor vehicle titles
30		-
31	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	60		SECTION 1. AMENDATORY 47 O.S. 2021, Section 1105, is
34	61		amended to read as follows:
35		-
36	62		Section 1105. A. As used in the Oklahoma Vehicle License and
37	63		Registration Act:
38		-
39	64		1. “Salvage vehicle” means any vehicle which is within the last
40	65		ten (10) model years and which has bee n damaged by collision or
41	66		other occurrence to the extent t hat the cost of repairing the
42	67		vehicle for safe operation on the highway exceeds sixty percent
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43	95		(60%) of its fair market value, as defined by Section 1111 of this
44	96		title, immediately prior to the damag e. For purposes of this
45	97		section, actual repair costs shal l only include labor and parts for
46		-
47		-	ENR. S. B. NO. 1243 Page 2
48	98		actual damage to the suspension, motor, transmission, frame or
49	99		unibody and designated structural components;
50		-
51	100		2. “Rebuilt vehicle” means any salvage vehicle which has been
52	101		rebuilt and inspected for the purpose of registra tion and title;
53		-
54	102		3. “Flood-damaged vehicle” means a salvage or rebuilt vehicle
55	103		which was damaged by floodin g or a vehicle which was submerged at a
56	104		level to or above the dashboard of the vehicle and on which an
57	105		amount of loss was paid by the insurer;
58		-
59	106		4. “Unrecovered-theft vehicle” means a vehicle which has been
60	107		stolen and not yet recovered;
61		-
62	108		5. “Recovered-theft vehicle” means a vehicle, including a
63	109		salvage or rebuilt vehicle, which was recovered from a theft; and
64		-
65	110		6. “Junked vehicle” means any vehicle which is incapable of
66	111		operation or use on the highway, has no resale value except as a
67	112		source of parts or scrap and has an eighty percent (80%) loss in
68	113		fair market value.
69		-
70	114		B. The owner of every vehicle i n this state shall possess a
71	115		certificate of title as proof of ownership of such vehicle, except
72	116		those vehicles registered pursuant to Section 1120 of this title and
73	117		trailers registered pursuant to Section 1133 of this title,
74	118		previously titled by anyone in another state and engaged in
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75	146		interstate commerce, and exce pt as provided in subsection M of this
76	147		section. Except for owners that possess an agricultural exemption
77	148		permit pursuant to Section 1358.1 of Title 68 of the Oklahoma
78	149		Statutes, the owner of an all -terrain vehicle or a motorcycle used
79	150		exclusively off roads or highways in this state whi ch is purchased
80	151		or the ownership of which is transferred on or after July 1, 2005,
81	152		and the owner of a utility vehicle used exclusively off roads and
82	153		highways in this state which is purchased or the ownership of which
83	154		is transferred on or after July 1, 2008 , shall possess a certificate
84	155		of title as proof of ownership. Any person pos sessing an
85	156		agricultural exemption permit and owning an all -terrain vehicle or a
86	157		motorcycle used exclusively off roads or highways in this state
87	158		which is purchased or the ownership of which is transferred on or
88	159		after July 1, 2008, shall possess a certificat e of title as proof of
89	160		ownership. Upon receipt of proper application information by such
90		-
91		-	ENR. S. B. NO. 1243 Page 3
92	161		owner, the Oklahoma Tax Commission shall issue an original or
93	162		transfer certificate of tit le. Until July 1, 2008, any security
94	163		interest in an all-terrain vehicle that attached and was perfected
95	164		before July 1, 2005, and that has not otherwise terminated shal l
96	165		remain perfected, and shall take priority over any subse quently
97	166		perfected security int erest in the same all-terrain vehicle,
98	167		notwithstanding that a certificate of title may have been issued
99	168		with respect to the same all -terrain vehicle on or after July 1,
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100	196		2005, and that a lien may have been recorded on said cert ificate of
101	197		title. There shall be eight types of certificates of title:
102		-
103	198		1. Original title for any motor ve hicle which is not a
104	199		remanufactured, salvage, unrecovered -theft, rebuilt, rebodied or
105	200		junked vehicle;
106		-
107	201		2. Salvage title for any motor vehicle which i s a salvage
108	202		vehicle or is specified as a salvage vehicle or the equivalent
109	203		thereof on a certificate of titl e from another state;
110		-
111	204		3. Rebuilt title for any motor vehicle which is a rebuilt
112	205		vehicle;
113		-
114	206		4. Junked title for any motor vehicle which is a junked ve hicle
115	207		or is specified as a jun ked vehicle or the equivalent thereof on a
116	208		certificate of title from another state;
117		-
118	209		5. Classic title for any motor vehicle, except a junked
119	210		vehicle, which is twenty -five (25) model years or older;
120		-
121	211		6. Remanufactured title for any vehicle which is a
122	212		remanufactured vehicle;
123		-
124	213		7. Unrecovered-theft title for any motor vehicle which has been
125	214		stolen and not recovered; and
126		-
127	215		8. Rebodied title for any motor vehicle which is a reb odied
128	216		vehicle.
129		-
130	217		Application for a certificate of title, whe ther the initial
131	218		certificate of title or a duplicate, may be made to the Tax
132	219		Commission or any motor licens e agent. When application is made
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133	247		with a motor license agent, the application information shall be
134		-
135		-	ENR. S. B. NO. 1243 Page 4
136	248		transmitted either electronically or by mail to t he Tax Commission
137	249		by the motor license agent. If the application information is
138	250		transmitted electronically , the motor license agent shall forward
139	251		the required application along with evidence of own ership, where
140	252		required, by mail. Where the transmission o f application
141	253		information cannot be performed electronically, the Tax Commission
142	254		is authorized to provide p ostage paid envelopes to motor license
143	255		agents for the purpose of mailing the application al ong with
144	256		evidence of ownership, where required. The Tax C ommission shall
145	257		upon receipt of proper application information issue an Oklahoma
146	258		certificate of title. The certificates may be mailed to the
147	259		applicant. Upon issuance of a certificate of title, the Tax
148	260		Commission shall provide the appropriate motor licens e agent with
149	261		confirmation of such issuance.
150		-
151	262		C. 1. The application for certificate of title shall be upon a
152	263		blank form furnished by the Tax Commission, containing:
153		-
154	264		a. a full description of the vehi cle,
155		-
156	265		b. the manufacturer’s serial or other identification
157	266		number,
158		-
159	267		c. the motor number and the date on which first sold by
160	268		the manufacturer or dealer to the owner,
161		-
162	269		d. any distinguishing marks,
163		-
164	270		e. a statement of the applicant ’s source of title,
165	271
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166	298		f. any security interest upon the vehicle, and
167		-
168	299		g. such other informatio n as the Tax Commission may
169	300		require.
170		-
171	301		2. The application for a certificate of title for a vehicle
172	302		which is within the last seven (7) model years shall require a
173	303		declaration as to whether the vehicle has been damaged by collision
174	304		or other occurrence and whe ther the vehicle has been reco vered from
175	305		theft and the extent of the damage to the vehicle. The declaratio n
176	306		shall be made by the owner of a vehicle if:
177		-
178		-
179		-	ENR. S. B. NO. 1243 Page 5
180	307		a. the vehicle has been damaged or stolen,
181		-
182	308		b. the owner did or did not receive any payment for the
183	309		loss from an insurer, or
184		-
185	310		c. the vehicle is titled or registered in a state that
186	311		does not classify the vehicle o r brand the title
187	312		because of damage to or loss of the vehicle similar to
188	313		the classifications or brands utilized by this state.
189		-
190	314		The declaration shall be based upon the best informa tion and
191	315		knowledge of the owner and shall be in addition to the requirements
192	316		specified in paragraph 1 of this subsection. The Tax Commission
193	317		shall not issue a certific ate of title for a vehicle which is
194	318		subject to the provisi ons of this paragraph without the required
195	319		declaration, completed and signed by the owner of the vehicle. Upon
196	320		receipt of an application without the properly completed
197	321		declaration, the Tax Commissi on shall return the application to the
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198	349		applicant with notice that the title may not be i ssued without the
199	350		required declaration. Nothing in this paragraph shall proh ibit the
200	351		Tax Commission from recognizing the type of or brand on a title or
201	352		other ownership document issued by another state or the inspection
202	353		conducted in another state and issui ng the appropriate certificate
203	354		of title for the vehicle.
204		-
205	355		3. The certificate of title shall have the following security
206	356		features:
207		-
208	357		a. intaglio printing or security threa d, with or without
209	358		watermark,
210		-
211	359		b. latent images,
212		-
213	360		c. fluorescent inks,
214		-
215	361		d. micro print,
216		-
217	362		e. void background, and
218		-
219	363		f. color coding.
220		-
221		-
222		-	ENR. S. B. NO. 1243 Page 6
223	364		4. Each title issued pursuant to the p rovisions of the Oklahoma
224	365		Vehicle License and Registration Act shall be color coded as
225	366		determined by the Tax Commission.
226		-
227	367		5. The certificate of title shall be of such size and des ign
228	368		and color as the Tax Commission may direct pursuant to the
229	369		provisions of this section. The title shall be on colored paper or
230	370		other material as designated by the T ax Commission and be of such
231	371		intensity or hue as will allo w easy identification as to wh ether the
232	372		title is an original title, a salvage title, a rebuilt title,
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233	400		remanufactured title, rebodied title or a junked title. The type of
234	401		title shall be identified o n the front of the certificate of title.
235	402		The original title, rebuilt title, remanufactu red title, an
236	403		unrecovered-theft title, rebodied title or classic title shall be
237	404		identified by the word “Original”, “Rebuilt”, “Remanufactured”,
238	405		“Unrecovered Theft”, “Rebodied” or “Classic” printed in the upper
239	406		right quadrant of the certificate of title, in the space which is
240	407		currently captioned “type of title”. A rebodied title sh all also
241	408		identify on the front of the title the year, make and model of the
242	409		originally manufactured vehicle which has been rebodied and display
243	410		a notation that reads as follows: “This vehicle has been assembled
244	411		with new major components licensed by the ori ginal manufacturer”.
245		-
246	412		D. 1. To obtain an original certificate of title for a vehicle
247	413		that is being registered for the first time in this state which has
248	414		not been previously regis tered in any other state, the applicant
249	415		shall be required to deliver, as evid ence of ownership, a
250	416		manufacturer’s certificate of origin properly assigned by the
251	417		manufacturer, distributor, or dealer licensed in this or any other
252	418		state shown thereon to be the last transferee to the applicant upon
253	419		a form to be prescribed and approved b y the Tax Commission. A
254	420		manufacturer’s certificate of origin shall contain:
255		-
256	421		a. the manufacturer’s serial or other identification
257	422		number,
258	423
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259	450		b. date on which first sold by the manufa cturer to the
260	451		dealer,
261		-
262	452		c. any distinguishing marks including model and the yea r
263	453		same was made,
264		-
265		-
266		-	ENR. S. B. NO. 1243 Page 7
267	454		d. a statement of any security interests upon the
268	455		vehicle, and
269		-
270	456		e. such other information as the Tax Commission may
271	457		require.
272		-
273	458		2. The manufacturer’s certificate of origin shall have the
274	459		following security features:
275		-
276	460		a. intaglio printing or se curity thread, with or without
277	461		watermark,
278		-
279	462		b. latent images,
280		-
281	463		c. fluorescent inks,
282		-
283	464		d. micro print, and
284		-
285	465		e. void background.
286		-
287	466		E. In the absence of a deal er’s or manufacturer’s number, the
288	467		Tax Commission may assign such identifying number to the vehicle,
289	468		which shall be permanently stamped, burned or pressed or attached
290	469		into the vehicle, and a certifi cate of title shall be delivered to
291	470		the applicant upon pay ment of all fees and taxes, an d the remaining
292	471		copies shall be permanently filed and indexed by the Tax Comm ission.
293	472		The Tax Commission shall assign an identifying number to any rebuilt
294	473		vehicle if the vehicle identification number displayed on the
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295	501		rebuilt vehicle does not accurately des cribe the vehicle as rebuilt.
296	502		The motor license agent, at the time of inspec tion of the rebuilt
297	503		vehicle pursuant to Section 1111 of this title, shall identify the
298	504		make, model, and year for the body to accurately describe the
299	505		rebuilt vehicle. At the time of the inspection, an appropriate
300	506		identifying number shall be permanently sta mped, burned, pressed, or
301	507		attached on the rebuilt vehicle. The assigned identifying number
302	508		shall be recorded on the certificate of title for the reb uilt
303	509		vehicle. The dealer ’s or manufacturer’s vehicle identification
304	510		number on the rebuilt vehicle shall be preserved in the computer
305	511		files of the Tax Commission for at least five (5) years.
306		-
307	512		F. When registering for the first time in this state a vehicle
308	513		which was not originally manufa ctured for sale in the United States,
309		-
310		-	ENR. S. B. NO. 1243 Page 8
311	514		to obtain a certificate of title, the T ax Commission shall require
312	515		the applicant to deliver:
313		-
314	516		1. As evidence of ownership, if the vehicle has not previously
315	517		been titled in the United State s, the documents constituting valid
316	518		proof of ownership in the country in which the vehicle was
317	519		originally purchased, together with a notarized translation of any
318	520		such documents; and
319		-
320	521		2. As evidence of compliance with federal law, copies of the
321	522		bond release letters for the vehicle issue d by the United States
322	523		Environmental Protection Agency and the United States Department of
323	524		Transportation, together with a receipt issued by the Internal
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324	552		Revenue Service indicating that the applicable federal gas guzzler
325	553		tax has been paid.
326		-
327	554		The Tax Commission shall not issue a certificate of title for a
328	555		vehicle which is subject to t he provisions of this paragraph without
329	556		the required documentation from agencies of the Uni ted States and
330	557		evidence of ownership. Upon receipt of an application without the
331	558		required documentation, the Tax Commission shall return the
332	559		application to the appl icant with notice that the certificate of
333	560		title may not be issued without the required docu mentation. Nothing
334	561		in this paragraph shall prohibit the T ax Commission from issuing
335	562		certificates of title for antique or classic vehicles not driven
336	563		upon the public streets, roads, or highways, for mini -trucks
337	564		registered pursuant to Section 1151.3 of this title, or for medium-
338	565		speed electric vehicles.
339		-
340	566		G. When registering in this state a vehi cle which was titled in
341	567		another state and which title contains the name of a secured party
342	568		on the face of the other state certificate of title, or such state
343	569		certificate is being held by the secured party in that state or any
344	570		other state, the Tax Commissio n or the motor license agent shall
345	571		complete a lien entry form as prescribed b y the Tax Commission. The
346	572		owner of such vehicle shall file an affidavit with the Tax
347	573		Commission or the motor license agent stating that title to the
348	574		vehicle is being held by a se cured party, has not been issued
349	575		pursuant to the laws of the state where titl ed, and that there is an
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	583	+	6
	584	+	7
	585	+	8
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350	603		existing lien or encumbrance on the vehicle. The current name and
351	604		address of the secured party or lienholder shall also be stated in
352	605		the affidavit. The form of the affidavit shall be prescribed by the
353		-
354		-	ENR. S. B. NO. 1243 Page 9
355	606		Tax Commission and contain a ny other information deemed necessary by
356	607		the Tax Commission. A statement of the lien or en cumbrance shall be
357	608		included on the Oklahoma certificate of title and the lien or
358	609		encumbrance shall be deemed continuously perfected as though it had
359	610		been perfected pursuant to Section 1110 of this title. For
360	611		completing the lien entry form and recording th e security interest
361	612		on the certificate of title, the Tax C ommission or the motor license
362	613		agent shall collect a fee of Three Dollars ($3.00) which shall be in
363	614		addition to other fees provided by the Oklahoma Vehicle License and
364	615		Registration Act. The fee, if collected by the motor license agent
365	616		pursuant to this sub section, shall be retained by the motor license
366	617		agent.
367		-
368	618		H. The charge for each certificate of title issued, except for
369	619		junked titles as defined in paragraph 4 of subsection B of this
370	620		section, shall be Eleven Dollars ($11.00), which charge shall be in
371	621		addition to any other fees or taxes imposed by law for such vehicle.
372	622		One Dollar ($1.00) of each such charge sha ll be deposited in the
373	623		Oklahoma Tax Commission Reimbursement Fund. However, the charge
374	624		shall not apply to any vehicle which is to be registered in t his
375	625		state pursuant to the prov isions of Section 1120 or 1133 of this
376	626		title and which was registered in anot her state at least sixty (60)
	627	+
	628	+	SB1243 HFLR Page 13
	629	+	BOLD FACE denotes Committee Amendments. 1
	630	+	2
	631	+	3
	632	+	4
	633	+	5
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377	654		days prior to the time it is required to be registered in thi s
378	655		state. When an insurer requests a salvage or junk title in the name
379	656		of the insurer resulting from the settlement of a total loss claim
380	657		and upon presentation of ap propriate proof of loss documentation as
381	658		required by the Commission, such transfer may be p rocessed as one
382	659		title transaction, without first requiring issuance of a replacement
383	660		certificate of title in the name of the vehicle owner. The fee
384	661		shall be Twenty-two Dollars ($22.00). Two Dollars ($2.00) of this
385	662		fee shall be deposited in the Oklahoma T ax Commission Reimbursement
386	663		Fund.
387		-
388	664		I. The vehicle identifi cation number of a junked vehi cle shall
389	665		be preserved in the computer files of the Tax Commission for a
390	666		period of not less than five (5) years. The charge of junked titles
391	667		as defined in paragraph 4 of subsection B of this section shall be
392	668		Four Dollars ($4.00). The fee remitted to the Tax Commission shall
393	669		be deposited in the Oklahoma Tax Commission Reimbursemen t Fund.
394		-
395	670		J. If a vehicle is sold to a resident of another state
396	671		destroyed, dismantled, or c eases to be used as a vehicle, the owner
397		-
398		-	ENR. S. B. NO. 1243 Page 10
399	672		shall immediately notify the Tax Commission. A bsent evidence to the
400	673		contrary, failure to notify the Tax Commission shall be prima facie
401	674		evidence that the vehicle has been in continuous operation in this
402	675		state.
403		-
404	676		K. If a vehicle is stolen, the owner shall immediately notify
405	677		the appropriate law enforceme nt agency. Immediately after receiving
	678	+
	679	+	SB1243 HFLR Page 14
	680	+	BOLD FACE denotes Committee Amendments. 1
	681	+	2
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406	705		such notification, the law enforcemen t agency shall notify the Tax
407	706		Commission.
408		-
409	707		L. Except for all-terrain vehicles, utility vehi cles and
410	708		motorcycles used exclusively for off -road use, no title for an out-
411	709		of-state vehicle, except any commercial truck or truck -tractor
412	710		registered pursuant to Sec tion 1120 of this title which is engaged
413	711		in interstate commerce or any trailer or semitrail er registered
414	712		pursuant to Section 1133 of this title which is engaged in
415	713		interstate commerce, shall be issued without an inspection of such
416	714		vehicle and payment of a fee of Four Dollars ($4.00) for such
417	715		inspection; provided, the Tax Commission may enter int o reciprocal
418	716		agreements with other states for such inspect ions to be performed at
419	717		locations outside the boundaries of this state for vehicles which:
420		-
421	718		1. Are offered for sale at auction;
422		-
423	719		2. Have been solely used as vehicles for rent under the
424	720		ownership of a licensed motor vehicle dealer or a person engaged in
425	721		the business of renting motor veh icles; or
426		-
427	722		3. Have not been registered in this or any other state for more
428	723		than one (1) year.
429		-
430	724		The inspection shall include a comparison of the vehicle
431	725		identification number on the vehicle with the number recorded on the
432	726		ownership records and the recording of the actual odometer reading
433	727		on the vehicle. The four -dollar fee shall be collected by the motor
434	728		license agent or Tax Commission when the title is issued. The motor
	729	+
	730	+	SB1243 HFLR Page 15
	731	+	BOLD FACE denotes Committee Amendments. 1
	732	+	2
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435	756		license agent shall retain Two Dollars ($2.00). The rema ining Two
436	757		Dollars ($2.00) shal l be deposited in the Oklahoma Tax Commission
437	758		Reimbursement Fund.
438		-
439		-
440		-	ENR. S. B. NO. 1243 Page 11
441	759		The Tax Commission may allow the inspection to be performed at a
442	760		location out-of-state by another stat e’s department of motor
443	761		vehicles or state police.
444		-
445	762		M. No title for any out-of-state vehicle offered for sale at
446	763		salvage pools, salvage disposal sales, or an auction, or by a dealer
447	764		or a licensed automotive dismantler and parts recycler, shall be
448	765		issued without an inspection to compare the vehicle identification
449	766		number on the vehicle with the number recorded on the ownership
450	767		record and to record the actual odometer rea ding on the vehicle. On
451	768		or after the effective date of this act, vehicles that require a
452	769		transfer to a salvage title or junked title resulting from a n
453	770		insurance claim that utilizes an out-of-state or tribal title shall
454	771		be exempt from the requirements of this subsection. Upon request of
455	772		the seller, person or entity conducting an auction, dealer or
456	773		licensed dismantler, the inspection shall be conducted a t the
457	774		location or place of b usiness of the sale, auction, dealer, or the
458	775		dismantler. The inspection shall be conducted by any motor license
459	776		agent or a duly authorized employee thereof; provided, if the
460	777		vehicle identification number on the vehicle offered for sale at
461	778		salvage pools, salvage disposal sales or a classic or antique
462	779		auction does not match the number recorded on the ownership record,
	780	+
	781	+	SB1243 HFLR Page 16
	782	+	BOLD FACE denotes Committee Amendments. 1
	783	+	2
	784	+	3
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	806	+
463	807		the inspection may be conducted at the location of or place of
464	808		business of such sale or auction by any state, coun ty or city law
465	809		enforcement officer. The Tax Commission may enter into reciprocal
466	810		agreements with other states for such inspections to be performed at
467	811		locations outside the boundaries of this stat e for vehicles which:
468		-
469	812		1. Are offered for sale at auction;
470		-
471	813		2. Have been solely used as vehicles for rent under the
472	814		ownership of a licensed motor vehicle dealer or a person engaged in
473	815		the business of renting motor vehicles; or
474		-
475	816		3. Have not been registered in this or any other state for more
476	817		than one (1) year.
477		-
478	818		The inspection shall be certified upon forms prescribed by the Tax
479	819		Commission. The name and other identi fication of the authorized
480	820		person conducting the inspection shall be legibly printed or typed
481	821		on the form. Prior to any inspection by any employee of a mot or
482	822		license agent, the motor license agent shall notify the Tax
483		-
484		-	ENR. S. B. NO. 1243 Page 12
485	823		Commission of the name and any other identification information
486	824		requested by the Tax Commission of the authorized person. A
487	825		signature specimen of the authorized person shall be submitted to
488	826		the Tax Commission by the empl oying motor license agent. If the
489	827		authorization to inspect vehicles is withdrawn or the employer -
490	828		employee relationship is terminated, the motor license agent,
491	829		immediately, shall notify the Tax Commission and return any
492	830		remaining inspection forms to the Ta x Commission. The fee for the
	831	+
	832	+	SB1243 HFLR Page 17
	833	+	BOLD FACE denotes Committee Amendments. 1
	834	+	2
	835	+	3
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	857	+
493	858		inspection shall be Four Dollars ($4.00). The motor license agent
494	859		shall retain Three Dollars ($3.00) of the fee. Fees received by a
495	860		motor license agent or an authorized employee thereof shall be
496	861		handled and accounted for in the manner as prescribed by law for any
497	862		other fees paid to or received by a motor license agent. Out -of-
498	863		state vehicles brought into this state by a person licensed in
499	864		another state to sell new or used vehicles to be sold withi n this
500	865		state at a motor vehi cle auction which is limited to dealer -to-
501	866		dealer transactions shall not be required to be inspected, unless
502	867		the vehicle is purchased by an Oklahoma dealer. Any person licensed
503	868		in another state to sell new or used motor vehicles , who offers a
504	869		motor vehicle for sale within this state at a motor vehicle auction
505	870		which is limited to dealer-to-dealer transactions, shall not be
506	871		within the definition of “owner” in Section 1102 of this title, for
507	872		purposes of Section 1101 et seq. of this title.
508		-
509	873		N. A licensed motor vehicle dealer, upon payment of a fee of
510	874		Fifteen Dollars ($15.00), may r eassign an out-of-state certificate
511	875		of title to a used motor vehicle provided such dealer obtain s the
512	876		appropriate inspection form required by either subsect ion L or M of
513	877		this section and attaches the form to the out-of-state certificate
514	878		of title. Motor license agents shall be allowed to retain Two
515	879		Dollars and twenty-five cents ($2.25) of the fee plu s an additional
516	880		Two Dollars ($2.00) or Three Dollars ($3.00) as provided in
517	881		subsections L and M of this section for performance of the
	882	+
	883	+	SB1243 HFLR Page 18
	884	+	BOLD FACE denotes Committee Amendments. 1
	885	+	2
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	908	+
518	909		inspection. Two Dollars ($2.00) of the fee shall be deposited in
519	910		the Tax Commission Reimbursement Fund. An out -of-state vehicle
520	911		which has been rebuilt shall be inspected pursuant to the provisions
521	912		of Section 1111 of this title. The Tax Commission shall train motor
522	913		license agents in interpreting vehicle identification numbers to
523	914		assure that it accurately describes the vehi cle and to detect
524	915		rollback or alteration of the odometer. F ailure of a motor license
525	916		agent to inspect the vehicle and make the required notations shall
526	917		be a misdemeanor punishable by a fine of not more than One Thousand
527		-
528		-	ENR. S. B. NO. 1243 Page 13
529	918		Dollars ($1,000.00) for the first o ffense and Five Thousand Dollars
530	919		($5,000.00) for the second offense or subsequent offens e, or by
531	920		imprisonment in the county jail for not more than six (6) month s, or
532	921		by both such fine and imprisonment.
533		-
534	922		O. The ownership of any unrecovered vehicle which has been
535	923		declared a total loss by an insurer because of theft s hall be
536	924		transferred to the i nsurer by an unrecovered-theft vehicle title;
537	925		provided, the ownership of any such vehicle which has been declared
538	926		a total loss by an insurer licensed by the Insurance D epartment of
539	927		the State of Oklahoma and maintaining a multi -state motor vehicle
540	928		salvage processing center in this state shall be transferred to the
541	929		insurer by a salvage or an unrecovered -theft title without the
542	930		requirement of a visual inspection of the vehi cle identification
543	931		number by the insurer. Upon recovery of the vehicle, the ownership
544	932		shall be transferred by an original title, salvage title, or junked
	933	+
	934	+	SB1243 HFLR Page 19
	935	+	BOLD FACE denotes Committee Amendments. 1
	936	+	2
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	959	+
545	960		title, as may be appropriate based upon an estimate of the amount of
546	961		loss submitted by the insurer.
547		-
548	962		P. When an insurance company makes a total loss settlement o n a
549	963		total loss vehicle and t he insurance company or a salvage pool
550	964		authorized by the insurance compa ny is unable to obtain the properly
551	965		endorsed certificate of ownership or other evidence of owner ship
552	966		acceptable to the Oklahoma Tax Commission within thirty (30) days
553	967		following acceptance by the owner of an offer of an amount in
554	968		settlement of a total loss, that insurance company or salvage pool,
555	969		on a form provided by the Oklahoma Tax Commission and s igned under
556	970		penalty of perjury, may request the Oklahoma Tax Commission to issue
557	971		the applicable salvage title for the vehicle. The request shall
558	972		include information declaring that the requester has made at least
559	973		two written attempts to obtain the certific ate of ownership or other
560	974		acceptable evidence of title.
561		-
562	975		Q. The owner of any vehicle whi ch is incapable of operation or
563	976		use on the public roads and has no resal e value, except as parts,
564	977		scrap or junk, may deliver the certificate of title to the vehicle
565	978		to the Tax Commission for cancellation. Upon verification that any
566	979		perfected lien against the vehicle has been released, the
567	980		certificate of title shall be cancele d without any fee, charge, or
568	981		cost required from the owner. The vehicle identification numbers on
569	982		the certificates of title shall be preserved in the compu ter files
570	983		of the Tax Commission for at least five (5) years from the date of
571	984
572		-	ENR. S. B. NO. 1243 Page 14
	985	+	SB1243 HFLR Page 20
	986	+	BOLD FACE denotes Committee Amendments. 1
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	1010	+
573	1011		cancellation of the cer tificate of title. The Tax Commission shall
574	1012		prescribe and provide an affidavit form to be compl eted by the owner
575	1013		of any vehicle for which the certificate o f title is canceled. No
576	1014		title or registration shall subsequently be issued for a vehicle for
577	1015		which the certificate of title has been surrendered pursuant to this
578	1016		subsection. The Tax Commission s hall prescribe a form for the
579	1017		transfer of ownership of a veh icle for which the certifica te of
580	1018		title has been canceled.
581		-
582	1019		R. The owner of a vehicle which is not w ithin the last ten (10)
583	1020		model years, not roadworthy and not capable of repair for operation
584	1021		or use on the roads and highways, or a vehicle which is being so ld
585	1022		to a scrap metal dealer p ursuant to Section 11-92 of Title 2 of the
586	1023		Oklahoma Statutes, shall tran sfer the vehicle only upon a
587	1024		certificate of ownership prescribed by the Tax Commission, if the
588	1025		certificate of title to the vehicle is lost, has been cancele d, or
589	1026		otherwise not availabl e. The prescribed ownership form shall
590	1027		include the names and addresses of the buyer and seller, the driver
591	1028		license number or social security number of the seller, the make and
592	1029		model of the vehicle, and the public vehicle identi fication number.
593	1030		If there is no public vehicle identification number, the vehicle
594	1031		shall be inspected by a law enforcement officer to verify the
595	1032		absence of the number on the vehicle and the prescr ibed ownership
596	1033		form shall include a signed statement, by suc h officer, verifying
597	1034		the absence of the number.
598	1035
	1036	+	SB1243 HFLR Page 21
	1037	+	BOLD FACE denotes Committee Amendments. 1
	1038	+	2
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	1061	+
599	1062		The certificate of ownership shall be completed in t riplicate.
600	1063		The buyer and seller shall each retain a copy. Within thirty (30)
601	1064		days of the transaction, the seller shall submit one copy to the Tax
602	1065		Commission or a motor license agent accompanied with a fee of Four
603	1066		Dollars ($4.00). One Dollar ($1.00) shal l be retained by the motor
604	1067		license agent and Three Dollars ($3.00) shall be deposited in the
605	1068		Oklahoma Tax Commission Reimbursement Fund in the State Treasur y.
606		-
607	1069		Upon receipt of the certi ficate, the Tax Commission shall verify
608	1070		that any perfected lien upon the vehicle has been released. If the
609	1071		lien is not released, the Tax Commission shall mail notice o f the
610	1072		transfer to the lienholder at the lienholder ’s last-known address.
611	1073		If a certificate of title has been issued, it shall be canceled and
612	1074		the vehicle identification number shall be preserved in the computer
613	1075		of the Tax Commission for at least five (5) y ears. The buyer of the
614	1076		vehicle may not be sued and shall no t be liable for monetary dam ages
615		-
616		-	ENR. S. B. NO. 1243 Page 15
617	1077		to the lienholder, however, the vehicle shall be subject to a valid
618	1078		repossession by a lienholder.
619		-
620	1079		S. The Tax Commission shall notify the chief administrative
621	1080		officer of the agency or department responsible for issuing moto r
622	1081		vehicle certificates of ti tle in each state in the United States of
623	1082		the types of motor vehicle cer tificate of title effective in
624	1083		Oklahoma on and after January 1, 1989.
625		-
626	1084		T. When registering for t he first time in this state a
627	1085		remanufactured vehicle which h as not been registered in an y other
	1086	+
	1087	+	SB1243 HFLR Page 22
	1088	+	BOLD FACE denotes Committee Amendments. 1
	1089	+	2
	1090	+	3
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	1111	+	24
	1112	+
628	1113		state since its remanufacture, before issuing a certificate of
629	1114		title, the Tax Commission shall require the applicant to deliver a
630	1115		statement of origin from the r emanufacturer.
631		-
632	1116		U. If a vehicle is sold to a foreign buyer p ursuant to the
633	1117		provisions of the Automotive Dismantlers and Parts Recycler Act, the
634	1118		licensed seller shall stamp the title with: “EXPORT ONLY.
635	1119		NONTRANSFERABLE IN THE UNITED STATES. ” The licensed seller shall
636	1120		supply the Tax Commission the title number, th e vehicle
637	1121		identification number and the foreign buyer’s bid identification
638	1122		number on a form prescrib ed by the Tax Commission. The Tax
639	1123		Commission shall cancel the title, and the vehicle identifica tion
640	1124		number shall be preserved in the computer files of the Tax
641	1125		Commission for a period of not less than five (5) years.
642		-
643	1126		V. The Tax Commission shall not be con sidered a necessary party
644	1127		to any lawsuit which is instigated for the purpose of determining
645	1128		ownership of a vehicle, wherein the Tax Commission ’s only
646	1129		involvement would be to issue titl e, and the court shall issue an
647	1130		order dismissing the Tax Commission from the pending action. In the
648	1131		event no other party or lienholder can be identified as to ownershi p
649	1132		or claim, the Tax Commission shall accept an affidavit of ownership
650	1133		from the party claiming ownership and issue proper title thereon.
651		-
652	1134		SECTION 2. AMENDATORY 47 O.S. 2021, Section 1107, is
653	1135		amended to read as follows:
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654	1162
655	1163		Section 1107. A. In the event of the sale or transfer of the
656	1164		ownership of a vehicle for which a cer tificate of title has been
657	1165		issued as provided by Section 1105 of this title, the holder of such
658	1166		certificate shall endorse on the back of same a compl ete assignment
659		-
660		-	ENR. S. B. NO. 1243 Page 16
661	1167		thereof with warranty of title in form printed thereon with a
662	1168		statement of all liens or encu mbrances on the vehicle, sworn to
663	1169		before a notary public or some other person authorized by law to
664	1170		take acknowledgments, and deliver same to the purc haser or
665	1171		transferee at the time of delivery to the purchaser or transferee of
666	1172		the vehicle; provided, a tran sfer of the ownership of a vehicle to
667	1173		an insurer resulting from the settlement of a total l oss claim shall
668	1174		not require a notarized signature on the c ertificate of title. In
669	1175		the event that any other documents required for a transfer of the
670	1176		ownership of a vehicle to an insurer resulting from the settlement
671	1177		of a total loss claim require a notarized signature, such documents
672	1178		shall be permitted to be signed electronically pursuant to Section
673	1179		15-109 of Title 12A of the Oklahoma Statutes in lieu of such
674	1180		requirement. The purchaser or transferee, unless such person is a
675	1181		bona fide used motor vehicle dealer licensed by this state, a retail
676	1182		implement dealer in con nection with the purchase or transfer of off-
677	1183		road vehicles or a charitable organization shall, within thir ty (30)
678	1184		days from the time of delivery to the purchaser or transferee of the
679	1185		vehicle, present the assigned certificate of title and the insurance
680	1186		security verification to the vehicle to the Oklahoma Tax Commission,
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681	1214		or one of its motor license agents, accom panied by a fee of Eleven
682	1215		Dollars ($11.00), together with any motor vehicle excise tax or
683	1216		license fee that may be due, whereupon a new certificate of title,
684	1217		shall be issued to the assignee. One Dollar ($1.00) of each fee
685	1218		shall be deposited in the Oklahoma Tax Commission Reimbursement
686	1219		Fund. Any charitable organization utilizing the exemption
687	1220		authorized by this subsection shall receive training as presc ribed
688	1221		by the Oklahoma Used Motor Vehicle and Parts Commission.
689		-
690	1222		B. A licensed dealer, a retail implement d ealer in connection
691	1223		with the sale or disposal of off -road vehicles or a charitable
692	1224		organization shall, on selling or otherwise disposing of a vehicle,
693	1225		execute and deliver to the purchaser thereof the certificate of
694	1226		title properly and completely reassigned. Thereupon, the purchaser
695	1227		of the vehicle shall present the reassigned certificate to the
696	1228		Commission, or a motor license agent, accompanied by a fee o f Eleven
697	1229		Dollars ($11.00), and any motor vehicle excise tax or license fee
698	1230		that may be due, whereupon a ne w certificate of title will be issued
699	1231		to the purchaser. One Dollar ($1.00) of each fee shall be deposited
700	1232		in the Oklahoma Tax Commission Reimbursemen t Fund. The certificate,
701	1233		when so assigned and returned to the Commission, together with any
702	1234		subsequent assignment or reissue thereof, shall be appropriately
703		-
704		-	ENR. S. B. NO. 1243 Page 17
705	1235		filed and indexed so that at all times it will be possible to trace
706	1236		title to the vehicle designate d therein. Provided, when the
707	1237		ownership of any motor vehicle shall pass by operation of law, the
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708	1265		person owning the vehicle may, upon furnishing satisfactory proof to
709	1266		the Commission of ownership, procure a title to the motor vehicle,
710	1267		regardless of whether a certificate of title has ever been issued.
711	1268		The dealer shall execute and deliver to the purchaser bills of sale
712	1269		on forms prescribed by the Commission for all new vehicles sold by
713	1270		the dealer. On presentation of a bill of sale executed on forms
714	1271		prescribed by the Commission, by a manufacturer or dealer for a new
715	1272		vehicle sold in this state, accompanied by remit tance in the sum of
716	1273		Eleven Dollars ($11.00), together with any motor vehicle excise tax
717	1274		or license fee that may be due, a certificate of title shall b e
718	1275		issued in accordance with the provisions of the Oklahoma Vehicle
719	1276		License and Registration Act. One Doll ar ($1.00) of each fee shall
720	1277		be deposited in the Oklahoma Tax Commission Reimbursement Fund. For
721	1278		purposes of this subsection, “charitable organizatio n” shall mean
722	1279		any organization which is exempt from taxation pursuant to the
723	1280		provisions of the Internal Re venue Code, 26 U.S.C., Section
724	1281		501(c)(3) and which is registered as a charitable organization with
725	1282		the Oklahoma Secretary of State and the Oklahoma At torney General’s
726	1283		office; “off-road vehicles” means all-terrain vehicles, utility
727	1284		vehicles, and motorcycles used exclusively for off-road use; “retail
728	1285		implement dealer” means a business engaged primarily in the sale of
729	1286		farm tractors as defined in Section 1 -118 of this title or
730	1287		implements of husbandry as defined in Section 1 -125 of this title or
731	1288		a combination thereof.
732	1289
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733	1316		C. Any person violating the provisions of this section shall be
734	1317		guilty of a misdemeanor and upon the first conviction thereof shall
735	1318		be punished by a fine not to exceed Five Hundred Dollars ($500.00),
736	1319		with impoundment of the vehicle until all taxes and fees are paid.
737	1320		A second or subsequent conviction shall be punished by a fine not to
738	1321		exceed One Thousand Dollars ($1,000.00), with impoundment of the
739	1322		vehicle until all taxes and fees are paid. If a vehicle is
740	1323		impounded pursuant to the provisions of th is section, the vehicle
741	1324		shall not be released to the owner until the owner provides proof of
742	1325		security or an affidavit that the vehicle will not be use d on public
743	1326		highways or public streets, as required pursuant to Section 7 -600 et
744	1327		seq. of this title. Each vehicle involved in a violation of this
745	1328		section shall be considered a separate offense.
746		-
747		-
748		-	ENR. S. B. NO. 1243 Page 18
749	1329		SECTION 3. This act shall become effectiv e November 1, 2022.
750	1330
751		-	Passed the Senate the 7th day of March, 2022.
752		-
753		-
754		-
755		-	Presiding Officer of the Senate
756		-
757		-
758		-	Passed the House of Representatives the 27th day of April, 2022.
759		-
760		-
761		-
762		-	Presiding Officer of the House
763		-	of Representatives
764		-
765		-	OFFICE OF THE GOVERNOR
766		-	Received by the Office of the Governor this _______ _____________
767		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
768		-	By: _______________________________ __
769		-	Approved by the Governor of the State of Oklahoma this _____ ____
770		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
771		-
772		-	_________________________________
773		-	Governor of the State of Oklahoma
774		-
775		-
776		-	OFFICE OF THE SECRETARY OF STATE
777		-	Received by the Office of the Secretary of State this _______ ___
778		-	day of __________________, 20 _______, at ____ ___ o'clock _______ M.
779		-	By: _______________________________ __
	1331	+	COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 04/06/2022 - DO
	1332	+	PASS.