Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1485 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. 1485 By: Paxton of the Senate
7	37
8	38		and
9	39
10	40		Osburn of the House
11	41
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15	45		An Act relating to certificates of title; ame nding 47
16	46		O.S. 2021, Section 1105, which r elates to
17	47		definitions, application, and ev idence of ownership;
18	48		exempting certain industry from inspection
19	49		requirement for issuance of title for out -of-state
20	50		vehicle; requiring exempt industry to submit certain
21	51		fee; and providing an effective date.
22	52
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26		-	SUBJECT: Certificates of Title
27	56
28	57		BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
29		-
30	58		SECTION 1. AMENDATORY 47 O.S. 2021, Section 1105, is
31	59		amended to read as follows:
32		-
33	60		Section 1105. A. As used in the Oklahoma Vehicle Li cense and
34	61		Registration Act:
35		-
36	62		1. “Salvage vehicle” means any vehicle which is wi thin the last
37	63		ten (10) model years and which has been damaged by collision or
38	64		other occurrence to the extent that the cost of repairing the
39	65		vehicle for safe operation on the hig hway exceeds sixty percent
40	66		(60%) of its fair market value, as defined by Sectio n 1111 of this
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41	94		title, immediately prior to the damage. For purposes of this
42	95		section, actual repair costs shall only include labor and parts for
43	96		actual damage to the suspension, motor, transmission, frame or
44	97		unibody and designated structural components;
45		-
46		-
47		-	ENR. S. B. NO. 1485 Page 2
48	98		2. “Rebuilt vehicle” means any salvage vehicle which has been
49	99		rebuilt and inspected for the purpose of registration and title;
50		-
51	100		3. “Flood-damaged vehicle” means a salvage or rebu ilt vehicle
52	101		which was damaged by flooding or a vehicle which was submerged at a
53	102		level to or above the dashb oard of the vehicle and on which an
54	103		amount of loss was paid by the insurer;
55		-
56	104		4. “Unrecovered-theft vehicle” means a vehicle which has been
57	105		stolen and not yet recovered;
58		-
59	106		5. “Recovered-theft vehicle” means a vehicle, including a
60	107		salvage or rebuilt vehicle, which was recovered from a theft; and
61		-
62	108		6. “Junked vehicle” means any vehicle which is incapable of
63	109		operation or use on the highway, has no resale val ue except as a
64	110		source of parts or scrap and has an eighty percent (80%) loss in
65	111		fair market value.
66		-
67	112		B. The owner of every vehicle in this state shall possess a
68	113		certificate of title as proof of ownership of such vehicle, except
69	114		those vehicles registered pur suant to Section 1120 of this title and
70	115		trailers registered pursuant to Section 1133 of this title,
71	116		previously titled by anyone in another state and engaged in
72	117		interstate commerce, and except as provided in subsection M of this
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73	145		section. Except for owners that possess an agricultural exemption
74	146		permit pursuant to Section 1358.1 of Tit le 68 of the Oklahoma
75	147		Statutes, the owner of an all-terrain vehicle or a motorcycle used
76	148		exclusively off roads or highways in this state which is purchased
77	149		or the ownership of w hich is transferred on or after July 1, 2005,
78	150		and the owner of a utility vehicl e used exclusively off roads and
79	151		highways in this state which is purchased or the ownership of which
80	152		is transferred on or after July 1, 2008, shall possess a certificate
81	153		of title as proof of ownership. Any person possessing an
82	154		agricultural exemption permi t and owning an all-terrain vehicle or a
83	155		motorcycle used exclusively off roads or highways in this state
84	156		which is purchased or the ownership of which is transferred on or
85	157		after July 1, 2008, shall possess a certificate of title as proof of
86	158		ownership. Upon receipt of proper applicati on information by such
87	159		owner, the Oklahoma Tax Commission shall issue an original or
88	160		transfer certificate of title. Until July 1, 2008, any security
89	161		interest in an all-terrain vehicle that attached and was perfected
90		-
91		-	ENR. S. B. NO. 1485 Page 3
92	162		before July 1, 2005, and that has not o therwise terminated shall
93	163		remain perfected, and shall take priority over any subsequently
94	164		perfected security interest in the same all -terrain vehicle,
95	165		notwithstanding that a certificate of title may have been issued
96	166		with respect to the same all-terrain vehicle on or after July 1,
97	167		2005, and that a lien may have been recorded on said certificate of
98	168		title. There shall be eight types of certificates of ti tle:
99	169
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100	196		1. Original title for any motor vehicle which is not a
101	197		remanufactured, salvage, unrecovered-theft, rebuilt, rebodied, or
102	198		junked vehicle;
103		-
104	199		2. Salvage title for any motor vehicle which is a salvage
105	200		vehicle or is specified as a salvage vehicle or the eq uivalent
106	201		thereof on a certificate of title from another state;
107		-
108	202		3. Rebuilt title for any motor vehicle whic h is a rebuilt
109	203		vehicle;
110		-
111	204		4. Junked title for any motor vehicle which is a junked vehicle
112	205		or is specified as a junked vehicle or the equivalent thereo f on a
113	206		certificate of title from another state;
114		-
115	207		5. Classic title for any motor vehicle, except a junked
116	208		vehicle, which is twenty-five (25) model years or older;
117		-
118	209		6. Remanufactured title for any vehicle which is a
119	210		remanufactured vehicle;
120		-
121	211		7. Unrecovered-theft title for any motor vehicle which has been
122	212		stolen and not recovered; and
123		-
124	213		8. Rebodied title for any mot or vehicle which is a rebodied
125	214		vehicle.
126		-
127	215		Application for a certificate of title, whether the initial
128	216		certificate of title or a duplicate, may be made to the Tax
129	217		Commission or any motor license agent. When application is made
130	218		with a motor license agent, the application information shall be
131	219		transmitted either electronically or by mail to the Tax Commission
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132	247		by the motor license agent. If the application information is
133	248		transmitted electronically, the motor license agent shall forwar d
134		-
135		-	ENR. S. B. NO. 1485 Page 4
136	249		the required application a long with evidence of ownership, where
137	250		required, by mail. Where the transmission of application
138	251		information cannot be performed electronically, the Tax Commission
139	252		is authorized to provide postage paid envelopes to motor license
140	253		agents for the purpose of m ailing the application along with
141	254		evidence of ownership, where required. The Tax Commission shall
142	255		upon receipt of proper application information iss ue an Oklahoma
143	256		certificate of title. The certificates may be mailed to the
144	257		applicant. Upon issuance of a certificate of title, the Tax
145	258		Commission shall provide the appropriate motor license agent with
146	259		confirmation of such issuance.
147		-
148	260		C. 1. The applicatio n for certificate of title shall be upon a
149	261		blank form furnished by the Tax Comm ission, containing:
150		-
151	262		a. a full description of the vehicle,
152		-
153	263		b. the manufacturer’s serial or other identification
154	264		number,
155		-
156	265		c. the motor number and the date on which first sold by
157	266		the manufacturer or dealer to the owner,
	267	+	d. any distinguishing marks,
	268	+	e. a statement of the applicant ’s source of title,
	269	+	f. any security interest upon the vehicle, and
158	270
159		-	d. any distinguishing marks,
160		-
161		-	e. a statement of the applicant’s source of title,
162		-
163		-	f. any security interest upon the vehicle, and
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165	297		g. such other information as the Tax Commission may
166	298		require.
167		-
168	299		2. The application for a cer tificate of title for a vehicle
169	300		which is within the last seven (7) model years shall require a
170	301		declaration as to whether the vehicle has been damaged by collision
171	302		or other occurrence and whether the vehicle has been recovered from
172	303		theft and the extent of t he damage to the vehicle. The declaration
173	304		shall be made by the owner of a vehi cle if:
174		-
175	305		a. the vehicle has been damaged or stolen,
176		-
177		-
178		-	ENR. S. B. NO. 1485 Page 5
179	306		b. the owner did or did not receive any payment for the
180	307		loss from an insurer, or
181		-
182	308		c. the vehicle is titled or registered in a s tate that
183	309		does not classify the vehicle or brand the title
184	310		because of damage to or loss of the vehicle simi lar to
185	311		the classifications or brands utilized by this state.
186		-
187	312		The declaration shall be based upon the best information and
188	313		knowledge of the owner and shall be in addition to the requirements
189	314		specified in paragraph 1 of this subse ction. The Tax Commission
190	315		shall not issue a certificate of title for a vehicle which is
191	316		subject to the provisions of this paragraph without the required
192	317		declaration, completed and signed by the owner of the vehicle. Upon
193	318		receipt of an application without the properly completed
194	319		declaration, the Tax Commission shall return the application to the
195	320		applicant with notice that the title may not be issued without the
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196	348		required declaration. Nothing in this paragraph shall prohibit the
197	349		Tax Commission from recognizi ng the type of or brand on a title or
198	350		other ownership document issued by another state or the inspection
199	351		conducted in another state and issuing the appropriate certificate
200	352		of title for the vehicle.
201		-
202	353		3. The certificate of title shall have the following secu rity
203	354		features:
204		-
205	355		a. intaglio printing or security thread, with or without
206	356		watermark,
207		-
208	357		b. latent images,
209		-
210	358		c. fluorescent inks,
211		-
212	359		d. micro print,
213		-
214	360		e. void background, and
215		-
216	361		f. color coding.
217		-
218	362		4. Each title issued pursuant to the provisions of the Oklahoma
219	363		Vehicle License and Registration Act sha ll be color coded as
220	364		determined by the Tax Commission.
221		-
222		-	ENR. S. B. NO. 1485 Page 6
223		-
224	365		5. The certificate of title shall be of such size and design
225	366		and color as the Tax Commission may direct pursuant to the
226	367		provisions of this section. The title shall be on c olored paper or
227	368		other material as designated by the Tax Commission and be of such
228	369		intensity or hue as will allow easy identification as to whether the
229	370		title is an original title , a salvage title, a rebuilt title,
230	371		remanufactured title, rebodied title , or a junked title. The type
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231	399		of title shall be identified on the front of the certificate of
232	400		title. The original title, rebuilt title, remanufactured title, an
233	401		unrecovered-theft title, rebodied title, or classic title shall be
234	402		identified by the word “Original”, “Rebuilt”, “Remanufactured”,
235	403		“Unrecovered Theft”, “Rebodied”, or “Classic” printed in the upper
236	404		right quadrant of the certificate of title, in the space which is
237	405		currently captioned “type of title”. A rebodied title shall also
238	406		identify on the front of t he title the year, make , and model of the
239	407		originally manufactured vehicle which has been rebodied and display
240	408		a notation that reads as follows: “This vehicle has been assembled
241	409		with new major components licensed by the original manufacturer”.
242		-
243	410		D. 1. To obtain an original certificate of title for a vehicle
244	411		that is being registered for the first time in this state which has
245	412		not been previously registered in any other state, the ap plicant
246	413		shall be required to deliver, as evidence of ownership, a
247	414		manufacturer’s certificate of origin prop erly assigned by the
248	415		manufacturer, distributor, or dealer licensed in this or any other
249	416		state shown thereon to be the last transferee to the applican t upon
250	417		a form to be prescribed and approved by the Tax Commission. A
251	418		manufacturer’s certificate of origin shall contain:
252		-
253	419		a. the manufacturer’s serial or other identification
254	420		number,
255		-
256	421		b. date on which first sold by the manufacturer to the
257	422		dealer,
258	423
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259	450		c. any distinguishing marks including model and the year
260	451		same was made,
261		-
262	452		d. a statement of any security interests upon the
263	453		vehicle, and
264		-
265		-
266		-	ENR. S. B. NO. 1485 Page 7
267	454		e. such other information as the Tax Commission may
268	455		require.
269		-
270	456		2. The manufacturer ’s certificate of origin shall have the
271	457		following security features:
272		-
273	458		a. intaglio printing or security thread, with or without
274	459		watermark,
275		-
276	460		b. latent images,
277		-
278	461		c. fluorescent inks,
279		-
280	462		d. micro print, and
281		-
282	463		e. void background.
283		-
284	464		E. In the absence of a dealer ’s or manufacturer’s number, the
285	465		Tax Commission may assign s uch identifying number to the vehicle,
286	466		which shall be permanently stamped, burn ed, or pressed or attached
287	467		into the vehicle, and a certificate of title shall be delivered to
288	468		the applicant upon payment of all fees and taxes, and the remaining
289	469		copies shall be permanently filed and indexed by the Tax Commission.
290	470		The Tax Commission shall assign an identifying numbe r to any rebuilt
291	471		vehicle if the vehicle identification number displayed on the
292	472		rebuilt vehicle does not accurately describe the vehicle as rebuilt.
293	473		The motor license agent, at the time of inspection of the rebuilt
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294	501		vehicle pursuant to Section 1111 of this title, shall identify the
295	502		make, model, and year for the body to accurately describe the
296	503		rebuilt vehicle. At the time of the inspection, an appropria te
297	504		identifying number shall be permanently stamped, burned, pressed, or
298	505		attached on the rebuilt vehicle. T he assigned identifying number
299	506		shall be recorded on the certificate of title for the rebuilt
300	507		vehicle. The dealer ’s or manufacturer’s vehicle identification
301	508		number on the rebuilt vehicle shall be preserved in the computer
302	509		files of the Tax Commission for at least five (5) years.
303		-
304	510		F. When registering for the first time in this state a vehicle
305	511		which was not originally manufactured for sale in the United S tates,
306	512		to obtain a certificate of title, the Tax Commission shall require
307	513		the applicant to deliver:
308		-
309		-
310		-	ENR. S. B. NO. 1485 Page 8
311	514		1. As evidence of ownership, if the vehicle has not previously
312	515		been titled in the United States, the documents constituting valid
313	516		proof of ownership in the country in which the vehicle was
314	517		originally purchased, together with a notariz ed translation of any
315	518		such documents; and
316		-
317	519		2. As evidence of compliance with federal law, copies of the
318	520		bond release letters for the vehicle issued by the United States
319	521		Environmental Protection Agency and the United States Department of
320	522		Transportation, together with a receipt issued by the Internal
321	523		Revenue Service indicating that the applicable federal gas guzzler
322	524		tax has been paid.
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323	551
324	552		The Tax Commission shall not issue a certificat e of title for a
325	553		vehicle which is subject to the provisions of this paragraph w ithout
326	554		the required document ation from agencies of the United States and
327	555		evidence of ownership. Upon receipt of an application without the
328	556		required documentation, the Tax Commi ssion shall return the
329	557		application to the applicant with notice that the certif icate of
330	558		title may not be issued without the required documentation. Nothing
331	559		in this paragraph shall prohibit the Tax Commission from issuing
332	560		certificates of title for antique or classic vehicles not driven
333	561		upon the public streets, roads, or highways, for mini-trucks
334	562		registered pursuant to Section 1151.3 of this title, or for medium -
335	563		speed electric vehicles.
336		-
337	564		G. When registering in this state a vehicle which was titled in
338	565		another state and which title contains the name of a secured party
339	566		on the face of the other state certificate of t itle, or such state
340	567		certificate is being held by the secured party in that state or any
341	568		other state, the Tax Commission or the motor license agent sh all
342	569		complete a lien entry form as prescribed by the Tax Commission. The
343	570		owner of such vehicle shall file a n affidavit with the Tax
344	571		Commission or the motor license agent stating that title to the
345	572		vehicle is being held by a secured party, has not been issue d
346	573		pursuant to the laws of the state where titled, and that there is an
347	574		existing lien or encumbrance on the vehicle. The current name and
348	575		address of the secured party or lienholder shall also be stated in
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349	603		the affidavit. The form of the affidavit shall be prescribed by the
350	604		Tax Commission and contain any other information deemed neces sary by
351	605		the Tax Commission. A statement of the lien or encumbrance shall be
352	606		included on the Oklahoma certificate of title and the lien or
353		-
354		-	ENR. S. B. NO. 1485 Page 9
355	607		encumbrance shall be deemed continuous ly perfected as though it had
356	608		been perfected pursuant to Section 1110 of this t itle. For
357	609		completing the lien entry form and recording the security interest
358	610		on the certificate of title, the Tax Commission or the motor license
359	611		agent shall collect a fee of T hree Dollars ($3.00) which shall be in
360	612		addition to other fees provided by the O klahoma Vehicle License and
361	613		Registration Act. The fee, if collected by the motor license agent
362	614		pursuant to this subsection, shall be retained by the motor license
363	615		agent.
364		-
365	616		H. The charge for each certificate of title issued, except for
366	617		junked titles as defi ned in paragraph 4 of subsec tion B of this
367	618		section, shall be Eleven Dollars ($11.00), which charge shall be in
368	619		addition to any other fees or taxes imposed by law for such vehicl e.
369	620		One Dollar ($1.00) of each such charge shall be deposited in the
370	621		Oklahoma Tax Commission Reimbursement Fund. However, the charge
371	622		shall not apply to any vehicle which is to be registered in this
372	623		state pursuant to the provisions of Section 1120 or 1133 of this
373	624		title and which was registered in another state at least sixty (60)
374	625		days prior to the time it is re quired to be registered in this
375	626		state. When an insurer requests a salvage or junk title in the name
	627	+
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	629	+	BOLD FACE denotes Committee Amendments. 1
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376	654		of the insurer resulting from the settlement of a total loss claim
377	655		and upon presentation of appropriate proof of loss documenta tion as
378	656		required by the Comm ission, such transfer may be processed as one
379	657		title transaction, without first requiring issuance of a replacement
380	658		certificate of title in the name o f the vehicle owner. The fee
381	659		shall be Twenty-two Dollars ($22.00). Two Dollar s ($2.00) of this
382	660		fee shall be deposited in the Oklahoma Tax Commission Reimbursement
383	661		Fund.
384		-
385	662		I. The vehicle identification number of a junked vehicle shall
386	663		be preserved in the c omputer files of the Tax Commission for a
387	664		period of not less than five (5) year s. The charge of junked tit les
388	665		as defined in paragraph 4 of subsection B of this section shall be
389	666		Four Dollars ($4.00). The fee remitted to the Tax Commission shall
390	667		be deposited in the Oklahoma Tax Commission Reimbursement Fund.
391		-
392	668		J. If a vehicle is sold to a resident of another sta te
393	669		destroyed, dismantled, or ceases to be used as a vehicle, the owner
394	670		shall immediately notify the Tax Commission. Absent evidence to the
395	671		contrary, failure to notify the Tax Commission shall be prima facie
396		-
397		-	ENR. S. B. NO. 1485 Page 10
398	672		evidence that the ve hicle has been in continuous operation in this
399	673		state.
400		-
401	674		K. If a vehicle is stolen, the owner shall immediately notify
402	675		the appropriate law enforcement agency. Immediately after r eceiving
403	676		such notification, the law enforcement agency shall notify the Tax
404	677		Commission.
	678	+
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405	704
406	705		L. Except for all-terrain vehicles, utility vehicles and
407	706		motorcycles used exclusively for off -road use, no title for an out -
408	707		of-state vehicle, except any commercial tru ck or truck-tractor
409	708		registered pursuant to Section 1120 of this title which is engaged
410	709		in interstate commer ce or any trailer or semitrailer registered
411	710		pursuant to Section 1133 of this title which is engaged in
412	711		interstate commerce, shall be issued without a n inspection of such
413	712		vehicle and payment of a fee of Four Dollars ($4.00) for s uch
414	713		inspection; provided, th e Tax Commission may enter into reciprocal
415	714		agreements with other states for such inspections to be performed at
416	715		locations outside the boundaries of t his state for vehicles which:
417		-
418	716		1. Are offered for sale at auction;
419		-
420	717		2. Have been solely used as vehicles fo r rent under the
421	718		ownership of a licensed motor vehicle dealer or a person engaged in
422	719		the business of renting motor vehicles; or
423		-
424	720		3. Have not been reg istered in this or any other state for more
425	721		than one (1) year.
426		-
427	722		The inspection shall include a comparison of the vehicle
428	723		identification number on the vehicle with the number recorded on the
429	724		ownership records and the recording of the actual odometer reading
430	725		on the vehicle. An establishment engaged in vehicle rentals as
431	726		defined or classified in the NAICS Manual u nder Industry No. 532111,
432	727		shall be exempt from the i nspection required pursuant to this
433	728		subsection; provided, the establishment shall be required to submit
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434	756		payment of any fees required pursuant to this subsection when the
435	757		title is issued. The four-dollar fee shall be collected by the
436	758		motor license agent or Tax Commission when the title is issued. The
437	759		motor license agent shall retain Two Dollars ($2.00). The remaining
438	760		Two Dollars ($2.00) shall be deposited in the Oklahoma Tax
439	761		Commission Reimbursement Fund .
440		-
441		-	ENR. S. B. NO. 1485 Page 11
442		-
443	762		The Tax Commission may allow the inspection to be performed at a
444	763		location out-of-state by another state ’s department of motor
445	764		vehicles or state police.
446		-
447	765		M. No title for any out-of-state vehicle offered for sale at
448	766		salvage pools, salvage disposal sales, o r an auction, or by a dealer
449	767		or a licensed automotive dismantler and parts recycler, shall be
450	768		issued without an inspection to compare th e vehicle identification
451	769		number on the vehicle with the number recorded on the ownership
452	770		record and to record the actual odometer reading on the vehicle.
453	771		Upon request of the seller, person or entity conducting an auction,
454	772		dealer, or licensed dismantler, t he inspection shall be conducted at
455	773		the location or place of business of the sale, auction, dealer, or
456	774		the dismantler. The inspection shall be conducted by any motor
457	775		license agent or a duly authorized employee thereof; provided, if
458	776		the vehicle identificat ion number on the vehicle offered for sale at
459	777		salvage pools, salvage disposal sales , or a classic or antique
460	778		auction does not match the number recorded on the ownership record,
461	779		the inspection may be conducted at the location of or place of
	780	+
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	782	+	BOLD FACE denotes Committee Amendments. 1
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462	807		business of such sale or auction by any state, county, or city law
463	808		enforcement officer. The Tax Commission may enter into reciprocal
464	809		agreements with other states for such inspections to be performed at
465	810		locations outside the boundaries of this state for vehicles which:
466		-
467	811		1. Are offered for sale at auction;
468		-
469	812		2. Have been solely used as vehicles for rent under the
470	813		ownership of a licensed moto r vehicle dealer or a person engaged in
471	814		the business of renting motor vehicles; or
472		-
473	815		3. Have not been registered in this or any other sta te for more
474	816		than one (1) year.
475		-
476	817		The inspection shall be certified upon forms prescribed by th e Tax
477	818		Commission. The name and other identification of the authorized
478	819		person conducting the inspection shall be legibly printed or typed
479	820		on the form. Prior to any inspection by any employee of a motor
480	821		license agent, the motor license agent shall notify t he Tax
481	822		Commission of the nam e and any other identification information
482	823		requested by the Tax Commission of the authorized person. A
483	824		signature specimen of the author ized person shall be submitted to
484		-
485		-	ENR. S. B. NO. 1485 Page 12
486	825		the Tax Commission by the employing motor license agent. If the
487	826		authorization to insp ect vehicles is withdrawn or the employer -
488	827		employee relationship is terminated, the motor license agent,
489	828		immediately, shall notify the Ta x Commission and return any
490	829		remaining inspection forms to the Tax Commission. The fee for t he
491	830		inspection shall be Four Dollars ($4.00). The motor license agent
	831	+
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	833	+	BOLD FACE denotes Committee Amendments. 1
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492	858		shall retain Three Dollars ($3.00) of the fee. Fees received by a
493	859		motor license agent or an a uthorized employee thereof shall be
494	860		handled and accounted for in the manner as prescribed by law for any
495	861		other fees paid to or received by a motor license agent. Out -of-
496	862		state vehicles brought into this state by a person licensed in
497	863		another state to sell n ew or used vehicles to be sold within this
498	864		state at a motor vehicle auction which is limited to dealer-to-
499	865		dealer transactions shall not be required to be inspected, unless
500	866		the vehicle is purchased by an Oklahoma dealer. Any person licensed
501	867		in another state to sell new or used motor vehicles, who offers a
502	868		motor vehicle for sale within this state at a motor vehicle auction
503	869		which is limited to dealer-to-dealer transactions, shall not be
504	870		within the definition of “owner” in Section 1102 of this title, for
505	871		purposes of Section 1101 et seq. of this title.
506		-
507	872		N. A licensed motor vehicle dealer, upon payment of a fee of
508	873		Fifteen Dollars ($15.00), may reassign an out-of-state certificate
509	874		of title to a used motor vehicle provided such dealer obtains the
510	875		appropriate inspection form required by either subsection L or M of
511	876		this section and attaches the form to the out-of-state certificate
512	877		of title. Motor license agents shall be allowed to retain Two
513	878		Dollars and twenty-five cents ($2.25) of the fee plus an additional
514	879		Two Dollars ($2.00) or Three Dollars ($3.00) as provided in
515	880		subsections L and M of this section for performance of the
516	881		inspection. Two Dollars ($2.00) of the fee shall be deposited in
	882	+
	883	+	SB1485 HFLR Page 18
	884	+	BOLD FACE denotes Committee Amendments. 1
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517	909		the Tax Commission Reimbursement Fund. An out -of-state vehicle
518	910		which has been rebuilt shall be inspected pursuant to the provisions
519	911		of Section 1111 of this title. The Ta x Commission shall train mot or
520	912		license agents in interpreting vehicle identification numbers to
521	913		assure that it accurately describes the vehicle and to detect
522	914		rollback or alteration of the odometer. Failure of a motor license
523	915		agent to inspect the vehicle a nd make the required notatio ns shall
524	916		be a misdemeanor punishable by a fine of not more than One Thousand
525	917		Dollars ($1,000.00) for the first offense and Five Thousand Dollars
526	918		($5,000.00) for the second offense or subsequent offense, or by
527		-
528		-	ENR. S. B. NO. 1485 Page 13
529	919		imprisonment in the county jail for not more th an six (6) months, or
530	920		by both such fine and imprisonment.
531		-
532	921		O. The ownership of any unrecovered vehicle which has been
533	922		declared a total loss by an insurer because of theft shall be
534	923		transferred to the insurer by an unrecovered -theft vehicle title;
535	924		provided, the ownership of any such vehicle which has been declared
536	925		a total loss by an insurer licensed by the Insurance Department of
537	926		the State of Oklahoma and maintaining a multi-state motor vehicle
538	927		salvage processing center in this sta te shall be transferred to t he
539	928		insurer by a salvage or an unrecovered -theft title without the
540	929		requirement of a visual inspection of the vehicle identification
541	930		number by the insurer. Upon recovery of the vehicle, the ownership
542	931		shall be transferred by an or iginal title, salvage title, or junked
	932	+
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	934	+	BOLD FACE denotes Committee Amendments. 1
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543	959		title, as may be appropriate based upon an estimate of the amount of
544	960		loss submitted by the insurer.
545		-
546	961		P. When an insurance com pany makes a total loss settlement on a
547	962		total loss vehicle and the insurance company or a sa lvage pool
548	963		authorized by the insurance company is unable to obtain the properly
549	964		endorsed certificate of ownership or other evidence of ownership
550	965		acceptable to the Oklahoma Tax Commission within thirty (30) days
551	966		following acceptance by the owner of an offer of an amount in
552	967		settlement of a total loss, that insurance company or salvage pool,
553	968		on a form provided by the Oklahoma Tax Commission and signed under
554	969		penalty of perjury, may request the Oklahoma Tax Commission to issue
555	970		the applicable salvage title for th e vehicle. The request shal l
556	971		include information declaring that the requester has made at least
557	972		two written attempts to obtain the certificate of ownership or othe r
558	973		acceptable evidence of title.
559		-
560	974		Q. The owner of any vehicle which is incapable of operation or
561	975		use on the public roads and has no resale value, except as parts,
562	976		scrap, or junk, may deliver the certificate of title to the vehicle
563	977		to the Tax Commission for cancellation. Upon verification that any
564	978		perfected lien against the vehicle has been releas ed, the
565	979		certificate of title shall be canceled without any fee, charge, or
566	980		cost required from the owner. The vehicle identification numbers on
567	981		the certificates of title shall be preserved in the computer files
568	982		of the Tax Commission for at least five (5) y ears from the date of
	983	+
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	985	+	BOLD FACE denotes Committee Amendments. 1
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569	1010		cancellation of the certificate of title. The Tax Commission shall
570	1011		prescribe and provide an affidavit form to be completed by the owner
571		-
572		-	ENR. S. B. NO. 1485 Page 14
573	1012		of any vehicle for which the certificate of title is canceled. No
574	1013		title or registration shall su bsequently be issued for a v ehicle for
575	1014		which the certificate of title has been surrendered pursuant to this
576	1015		subsection. The Tax Commission shall prescribe a form f or the
577	1016		transfer of ownership of a vehicle for which the certificate of
578	1017		title has been cancel ed.
579		-
580	1018		R. The owner of a vehic le which is not within the last ten (10)
581	1019		model years, not roadworthy and not capable of repair for operation
582	1020		or use on the roads and hig hways, or a vehicle which is being sold
583	1021		to a scrap metal dealer pursuant to Section 11 -92 of Title 2 of the
584	1022		Oklahoma Statutes, shall transfer the vehicle only upon a
585	1023		certificate of ownership prescribed by the Tax Commission, if the
586	1024		certificate of title to the vehicle is lost, has been canceled, or
587	1025		otherwise not available. The prescribed ownershi p form shall
588	1026		include the names and addresses of the buyer and seller, the driver
589	1027		license number or social security number of the seller, the make and
590	1028		model of the vehicle, and the public vehicle identification number.
591	1029		If there is no public vehicle identif ication number, the vehicle
592	1030		shall be inspected by a law enforcement officer to verify the
593	1031		absence of the number on the vehicle and the prescribed ownership
594	1032		form shall include a signed statement, by such officer, verifying
595	1033		the absence of the number.
596	1034
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597	1061		The certificate of ownership shall be completed in triplicate.
598	1062		The buyer and seller shall each retain a copy. Within thirty (30)
599	1063		days of the transaction, the seller shal l submit one copy to the Tax
600	1064		Commission or a motor license agent accompanied with a fee of F our
601	1065		Dollars ($4.00). One Do llar ($1.00) shall be retained by the motor
602	1066		license agent and Three Dollars ($3.00) shall be deposited in the
603	1067		Oklahoma Tax Commission Re imbursement Fund in the State Treasury.
604		-
605	1068		Upon receipt of the certificate, the Tax Commission shall verify
606	1069		that any perfected lien upon the vehicle has been released. If the
607	1070		lien is not released, the Tax Commission shall mail notice of the
608	1071		transfer to the lienholder at the lienholder’s last-known address.
609	1072		If a certificate of title has been issued , it shall be canceled and
610	1073		the vehicle identification number shall be preserved in the computer
611	1074		of the Tax Commission for at least five (5) years. The buyer of the
612	1075		vehicle may not be sued and shall not be liable for monetary damages
613	1076		to the lienholder,; however, the vehicle shall be subject to a valid
614	1077		repossession by a lienholder.
615		-
616		-	ENR. S. B. NO. 1485 Page 15
617		-
618	1078		S. The Tax Commission shall notify the chief administrative
619	1079		officer of the agency or de partment responsible for issuing motor
620	1080		vehicle certificates of title in each state in the U nited States of
621	1081		the types of motor vehicle certificate of title effective in
622	1082		Oklahoma on and after January 1, 1989.
623		-
624	1083		T. When registering for the first time in this s tate a
625	1084		remanufactured vehicle which has not been registered in any other
	1085	+
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	1087	+	BOLD FACE denotes Committee Amendments. 1
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	1111	+
626	1112		state since its remanufacture, before issuing a certificate of
627	1113		title, the Tax Commission shall require the applicant to deliver a
628	1114		statement of origin from the remanufacturer.
629		-
630	1115		U. If a vehicle is sold to a foreign buyer pursuant to the
631	1116		provisions of the Automotive Dismantler s and Parts Recycler Act, th e
632	1117		licensed seller shall stamp the title with: “EXPORT ONLY.
633	1118		NONTRANSFERABLE IN THE UNITED STATES. ” The licensed seller shall
634	1119		supply the Tax Commission the title number, the vehicle
635	1120		identification number and the foreign buyer ’s bid identification
636	1121		number on a form prescribed by the Tax Commission. The Tax
637	1122		Commission shall cancel the title, and the vehicle identification
638	1123		number shall be preserved in the computer files of the Tax
639	1124		Commission for a period of not less than five (5) years.
640		-
641	1125		V. The Tax Commissio n shall not be considered a necessary party
642	1126		to any lawsuit which is instigated for the purpose of determining
643	1127		ownership of a vehicle, whe rein the Tax Commission’s only
644	1128		involvement would be to issue title, and the court shall iss ue an
645	1129		order dismissing the T ax Commission from the pending action. In the
646	1130		event no other party or lienholder can be identified as to ownership
647	1131		or claim, the Tax Com mission shall accept an affidavit of ownership
648	1132		from the party claiming ownership and issue proper title thereon.
649		-
650	1133		SECTION 2. This act shall become effective November 1, 2022.
651	1134
652		-
653		-	ENR. S. B. NO. 1485 Page 16
654		-	Passed the Senate the 7th day of March, 2022.
655		-
656		-
657		-
658		-	Presiding Officer of the Senate
659		-
660		-
661		-	Passed the House of Representatives the 19th day of April, 2022.
662		-
663		-
664		-
665		-	Presiding Officer of the House
666		-	of Representatives
667		-
668		-	OFFICE OF THE GOVERNOR
669		-	Received by the Office of the Governor this _______ _____________
670		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
671		-	By: _______________________________ __
672		-	Approved by the Governor of the State of Oklahoma this _____ ____
673		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
674		-
675		-	_________________________________
676		-	Governor of the State of Oklahoma
677		-
678		-
679		-	OFFICE OF THE SECRETARY OF STATE
680		-	Received by the Office of the Secretary of State this _______ ___
681		-	day of __________________, 20 _______, at _______ o'clock _______ M.
682		-	By: _______________________________ __
	1135	+	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
	1136	+	EFFICIENCY, dated 04/05/2022 - DO PASS.