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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1276 By: Standridge
AS INTRODUCED
An Act relating to certificates of title; amending 47
O.S. 2021, Section 1105A, wh ich relates to the
program to permit el ectronic filing, storage, and
delivery; requiring that certain electronic documents
be presumed valid; providing an effective date ; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1105A, is
amended to read as follows:
Section 1105A. A. On or before July 1, 2022, the Oklahoma Tax
Commission shall implement a program which will permit the
electronic filing, storage, and delivery of motor veh icle
certificates of title and allow a lienholder to perfect, assign and
release a lien on a motor vehicle in lieu of submission and
maintenance of paper documents as otherwise provided in the
provisions of Section 1101 et seq. of Title 47 of the Oklahoma
Statutes. The Tax Commission shall ent er into a competitive
contract with a qualified third-party service provider (System
Developer), subject to the provisions of the Oklahoma Central
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Purchasing Act, Section 85.1 et s eq. of Title 74 of the Oklahoma
Statutes, to provide necessary hardware, software and services
facilitating the inte rconnection between motor license agents and
electronic title service providers described in subsection B o f this
section for a certificate of title and for filing or releasing a
lien pursuant to the procedures presc ribed by the Oklahoma Tax
Commission. The provisions of this section shall apply to
applications for certifica tes of title and liens filed after J une
30, 2022. The Tax Commission shall promulgate rules to implement
the provisions of this section.
B. The program authorized under subsection A o f this section
shall include, but not be limited to, procedures:
1. For the delivery of a certificate of t itle, on a paper
document or in an electronic format, to the secured p arty having the
primary perfected sec urity interest in a vehicle in lieu of del ivery
to the record owner, notwithstanding the provisions of Section 11 01
et seq. of Title 47 of the Oklaho ma Statutes. Provided, when
electronic transmission of liens and lien satisfactions is used, a
certificate of title need not be issued or printed un til the last
lien is satisfied and a clear certificate of title is issu ed to the
owner of the vehicle at th eir request;
2. Establishing qua lifications for third -party electronic title
service providers offering electronic lien services. The vendor
selected in subsection A of this section shall not be considered an
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electronic title service provider and shall n ot operate or own an
electronic title service provider ;
3. Establishing reasonable fees, if necessary, t o be charged by
service providers or contrac tors for the establishment, maintenance
and operation of the electronic lien title program;
4. Providing access to the electronic certifica te of title
records including liens o n record, for licensed motor vehic le
dealers and lienholders who participate in the program
notwithstanding the provisions of Section 1109 of Title 47 of the
Oklahoma Statutes;
5. Allowing motor license agents to parti cipate in the
electronic lien title p rogram. Participating motor lice nse agents
shall receive all fees provided by the Oklahoma Vehicle License and
Registration Act unless otherwise prov ided in Section 1132A of Title
47 of the Oklahoma Statutes; and
6. For the acceptance and use of electron ic or digital
signatures.
C. As used in this section and Section 1101 et seq. of Title 47
of the Oklahoma Statutes:
1. “Deliver” or “delivery” means, with respect to a certificate
of title or lien, either the physical delivery of a paper document
or the electronic delivery of a document in an electronic format;
2. “Electronic format” means an electronic or digital format or
medium of any document, re cord or other information; and
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3. “Possess” or “possession” means, with respect to a
certificate of title or lien, to hold or otherwise exercise control
over a document which is in eit her a physical or electronic format.
D. Any documents created, stored , or delivered under the
electronic lien title program as provided in this section shall be
considered presumed valid including any signatures w hich are
generated electronically or contained on a scanned copy. A
certified copy of the Oklahoma Ta x Commission’s electronic record of
a motor vehicle certificate of title or lien is admissible in any
civil, criminal, or administrative proceeding in this state as
evidence of the existence and contents of the certificate of title
or lien.
E. The Tax Commission is authorized to expend funds necessary
for the implementation of the pr ogram provided in subsection A of
this section from available monies in th e Oklahoma Tax Commission
and Office of Management an d Enterprise Services Joint Computer
Enhancement Fund created pursuant to Section 265 of Title 68 of the
Oklahoma Statutes.
F. In the development of the program provided in sub section A
of this section, the Oklahoma Tax Commission shall consult
interested parties including, but not limited to, represent atives of
the Oklahoma Automobile Dealers Association, the Oklahoma Bankers
Association, the Oklahoma Credit Union Association , and the Oklahoma
Tag Agent Coalition.
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SECTION 2. This act shall become effect ive July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and af ter its passage and approval.
58-2-3038 QD 1/13/2022 5:30:16 PM