Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1485 Latest Draft

Bill / Enrolled Version Filed 04/20/2022

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 1485 	By: Paxton of the Senate 
 
  and 
 
  Osburn of the House 
 
 
 
 
An Act relating to certificates of title; ame nding 47 
O.S. 2021, Section 1105, which r elates to 
definitions, application, and ev idence of ownership; 
exempting certain industry from inspection 
requirement for issuance of title for out -of-state 
vehicle; requiring exempt industry to submit certain 
fee; and providing an effective date. 
 
 
 
 
SUBJECT:  Certificates of Title 
 
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA: 
 
SECTION 1.    AMENDATORY     47 O.S. 2021, Section 1105, is 
amended to read as follows: 
 
Section 1105. A.  As used in the Oklahoma Vehicle Li cense and 
Registration Act: 
 
1.  “Salvage vehicle” means any vehicle which is wi thin the last 
ten (10) model years and which has been damaged by collision or 
other occurrence to the extent that the cost of repairing the 
vehicle for safe operation on the hig hway exceeds sixty percent 
(60%) of its fair market value, as defined by Sectio n 1111 of this 
title, immediately prior to the damage.  For purposes of this 
section, actual repair costs shall only include labor and parts for 
actual damage to the suspension, motor, transmission, frame or 
unibody and designated structural components; 
   
 
ENR. S. B. NO. 1485 	Page 2 
2. “Rebuilt vehicle” means any salvage vehicle which has been 
rebuilt and inspected for the purpose of registration and title; 
 
3.  “Flood-damaged vehicle” means a salvage or rebu ilt vehicle 
which was damaged by floo ding or a vehicle which was submerged at a 
level to or above the dashboard of the vehicle and on which an 
amount of loss was paid by the insurer; 
 
4.  “Unrecovered-theft vehicle” means a vehicle which has been 
stolen and not yet recovered; 
 
5.  “Recovered-theft vehicle” means a vehicle, including a 
salvage or rebuilt vehicle, which was recovered from a theft; and 
 
6.  “Junked vehicle” means any vehicle which is incapable of 
operation or use on the highway, has no resale val ue except as a 
source of parts or scr ap and has an eighty percent (80%) loss in 
fair market value. 
 
B.  The owner of every vehicle in this state shall possess a 
certificate of title as proof of ownership of such vehicle, except 
those vehicles registered pur suant to Section 1120 of this title a nd 
trailers registered pursuant to Section 1133 of this title, 
previously titled by anyone in another state and engaged in 
interstate commerce, and except as provided in subsection M of this 
section.  Except for owners that possess an agricultural exemptio n 
permit pursuant to Section 1358.1 of Tit le 68 of the Oklahoma 
Statutes, the owner of an all-terrain vehicle or a motorcycle used 
exclusively off roads or highways in this state which is purchased 
or the ownership of w hich is transferred on or after July 1, 2005, 
and the owner of a utility vehicl e used exclusively off roa ds and 
highways in this state which is purchased or the ownership of which 
is transferred on or after July 1, 2008, shall possess a certificate 
of title as proof of ownership.  Any person possessing an 
agricultural exemption permi t and owning an all-terrain vehicle or a 
motorcycle used exclusively off roads or highways in this state 
which is purchased or the ownership of which is transferred on or 
after July 1, 2008, shall possess a certifi cate of title as proof of 
ownership.  Upon receipt of proper applica tion information by such 
owner, the Oklahoma Tax Commission shall issue an original or 
transfer certificate of title.  Until July 1, 2008, any security 
interest in an all-terrain vehicle that attached and was perfected   
 
ENR. S. B. NO. 1485 	Page 3 
before July 1, 2005, and that has not otherwise terminated shall 
remain perfected, and shall take priority over any subsequently 
perfected security interest in the same all -terrain vehicle, 
notwithstanding that a certificate of title may have been issued 
with respect to the same all-terrain vehicle on or after July 1, 
2005, and that a lien may have been recorded on said certificate of 
title.  There shall be eight types of certificates of ti tle: 
 
1.  Original title for any motor vehicle which is not a 
remanufactured, salvage, unrecovered-theft, rebuilt, rebodied, or 
junked vehicle; 
 
2.  Salvage title for any motor vehicle which is a salvage 
vehicle or is specified as a salvage vehicle or the eq uivalent 
thereof on a certificate of title from another state; 
 
3.  Rebuilt title for any motor vehicle which is a rebuilt 
vehicle; 
 
4.  Junked title for any motor vehicle which is a junked vehicle 
or is specified as a junked vehicle or the equivalent thereo f on a 
certificate of title from anot her state; 
 
5.  Classic title for any motor vehicle, except a ju nked 
vehicle, which is twenty-five (25) model years or older; 
 
6.  Remanufactured title for any vehicle which is a 
remanufactured vehicle; 
 
7.  Unrecovered-theft title for any motor vehicle which has been 
stolen and not recovered; and 
 
8. Rebodied title for any motor vehicle which is a rebodied 
vehicle. 
 
Application for a certificate of title, whether the initial 
certificate of title or a duplicate, may be made to the Tax 
Commission or any motor li cense agent.  When application is made 
with a motor license agent, the application information shall be 
transmitted either electronically or by mail to the Tax Commission 
by the motor license agent.  If the application information is 
transmitted electronic ally, the motor license agent shall fo rward   
 
ENR. S. B. NO. 1485 	Page 4 
the required application along with evidence of ownership, where 
required, by mail.  Where the transmission of application 
information cannot be performed electronically, the Tax Commission 
is authorized to provi de postage paid envelopes to motor lic ense 
agents for the purpose of mailing the application along with 
evidence of ownership, where required.  The Tax Commission shall 
upon receipt of proper application information iss ue an Oklahoma 
certificate of title. The certificates may be mailed to the 
applicant.  Upon issuance of a certificate of title, the Tax 
Commission shall provide the appropriate motor license agent with 
confirmation of such issuance. 
 
C.  1.  The applicatio n for certificate of title shall be u pon a 
blank form furnished by the Tax Commission, containing: 
 
a. a full description of the vehicle, 
 
b. the manufacturer’s serial or other identification 
number, 
 
c. the motor number and the date on which first sold by 
the manufacturer or dealer to the owner , 
 
d. any distinguishing marks, 
 
e. a statement of the applicant’s source of title, 
 
f. any security interest upon the vehicle, and 
 
g. such other information as the Tax Commission may 
require. 
 
2.  The application for a cer tificate of title for a vehicle 
which is within the last seven (7) model years shall require a 
declaration as to whether the vehicle has been damaged by collision 
or other occurrence and whether the vehicle has been recovered from 
theft and the extent of t he damage to the vehicle.  The declar ation 
shall be made by the ow ner of a vehicle if: 
 
a. the vehicle has been damaged or stolen, 
   
 
ENR. S. B. NO. 1485 	Page 5 
b. the owner did or did not receive any payment for the 
loss from an insurer, or 
 
c. the vehicle is titled or registered in a s tate that 
does not classify the vehic le or brand the title 
because of damage to or loss of the vehicle simi lar to 
the classifications or brands utilized by this state. 
 
The declaration shall be based upon the best information and 
knowledge of the owner and shall be in addition to the requireme nts 
specified in paragrap h 1 of this subsection.  The Tax Commission 
shall not issue a certificate of title for a vehicle which is 
subject to the provisions of this paragraph without the required 
declaration, completed and signed by the owner of the vehicl e.  Upon 
receipt of an application without the properly completed 
declaration, the Tax Commission shall return the application to the 
applicant with notice that the title may not be issued without the 
required declaration.  Nothing in this paragraph shall prohibit the 
Tax Commission from recognizing the type of or brand on a title or 
other ownership document issued by another state or the inspection 
conducted in another state and issuing the appropriate certificate 
of title for the vehicle. 
 
3.  The certificate of title shall have the following security 
features: 
 
a. intaglio printing or security thread, with or without 
watermark, 
 
b. latent images, 
 
c. fluorescent inks, 
 
d. micro print, 
 
e. void background, and 
 
f. color coding. 
 
4.  Each title issued pursuant to t he provisions of the Oklahoma 
Vehicle License and Registration Act sha ll be color coded as 
determined by the Tax Commission.   
 
ENR. S. B. NO. 1485 	Page 6 
 
5.  The certificate of title shall be of such size and design 
and color as the Tax Commission may direct pursuant to the 
provisions of this section.  The title shall be on colored paper or 
other material as designated by the Tax Commission and be of such 
intensity or hue as will allow easy identification as to whether the 
title is an original title , a salvage title, a rebuilt title, 
remanufactured title, rebodied title, or a junked title.  The type 
of title shall be identified on the front of the certificate of 
title.  The original title, rebuilt title, remanufactured title, an 
unrecovered-theft title, rebodied title, or classic title shall be 
identified by the word “Original”, “Rebuilt”, “Remanufactured”, 
“Unrecovered Theft”, “Rebodied”, or “Classic” printed in the upper 
right quadrant of the certificate of title, in the space which is 
currently captioned “type of title”.  A rebodied title shall also 
identify on the front of the title the year, make , and model of the 
originally manufactured vehicle which has been rebodied and display 
a notation that reads as follows: “This vehicle has been assembled 
with new major components licensed by the original manufacturer”. 
 
D.  1.  To obtain an original certificate of title for a vehicle 
that is being registered for the first time in this state which has 
not been previously registered in any other state, the ap plicant 
shall be required to deliver, as evidence of ownership, a 
manufacturer’s certificate of origin prop erly assigned by the 
manufacturer, distributor, or dealer licensed in this or any other 
state shown thereon to be the last transferee to the applican t upon 
a form to be prescribed and ap proved by the Tax Commission.  A 
manufacturer’s certificate of origin shall contain: 
 
a. the manufacturer’s serial or other identification 
number, 
 
b. date on which first sold by the manufacturer to the 
dealer, 
 
c. any distinguishing marks including model and the year 
same was made, 
 
d. a statement of any security interests upon the 
vehicle, and 
   
 
ENR. S. B. NO. 1485 	Page 7 
e. such other information as the Tax Commission may 
require. 
 
2.  The manufacturer ’s certificate of origin shall have the 
following security features: 
 
a. intaglio printing or security thread, with o r without 
watermark, 
 
b. latent images, 
 
c. fluorescent inks, 
 
d. micro print, and 
 
e. void background. 
 
E.  In the absence of a dealer ’s or manufacturer’s number, the 
Tax Commission may assign s uch identifying number to the vehicle , 
which shall be permanently stamped, burned, or pressed or attached 
into the vehicle, and a certificate of title shall be delivered to 
the applicant upon payment of all fees and taxes, and the remaining 
copies shall be permanently filed and indexed by the Tax Commission.  
The Tax Commission shall assign an identifying numbe r to any rebuilt 
vehicle if the vehicle identification number displayed on the 
rebuilt vehicle does not accurately describe the vehicle as rebuilt.  
The motor license agent, at the time of inspection of the rebuilt 
vehicle pursuant to Section 1111 of this title, shall identify the 
make, model, and year for the body to accurately describe the 
rebuilt vehicle.  At the time of the inspection, an appropria te 
identifying number shall be perman ently stamped, burned, pressed, or 
attached on the rebuilt vehicle.  T he assigned identifying number 
shall be recorded on the certificate of title for the rebuilt 
vehicle.  The dealer ’s or manufacturer’s vehicle identification 
number on the rebuilt vehicle shall be preserved in the computer 
files of the Tax Commission for at least five (5) years. 
 
F.  When registering for the first time in this state a vehicle 
which was not originally manufactured for sale in the United S tates, 
to obtain a certificate of tit le, the Tax Commission shall require 
the applicant to deliver: 
   
 
ENR. S. B. NO. 1485 	Page 8 
1.  As evidence of ownership, if the vehicle has not previously 
been titled in the United States, the documents constituting valid 
proof of ownership in the country in which the vehicle was 
originally purchased, together with a notariz ed translation of any 
such documents; and 
 
2.  As evidence of compliance with federal law, copies of the 
bond release letters for the vehicle issued by the United States 
Environmental Protection Agency and the Unite d States Department of 
Transportation, together with a receipt issued by the Internal 
Revenue Service indicating that the applicable federal gas guzzler 
tax has been paid. 
 
The Tax Commission shall not issue a certificat e of title for a 
vehicle which is subject to the provisions of this paragraph w ithout 
the required document ation from agencies of the United States and 
evidence of ownership.  Upon receipt of an application without the 
required documentation, the Tax Commi ssion shall return the 
application to the applicant with notice that the certif icate of 
title may not be issued without the required documentation.  Nothing 
in this paragraph shall prohibit the Tax Commission from issuing 
certificates of title for antique or classic vehicles not driven 
upon the public streets, roads, or highways, for mini-trucks 
registered pursuant to Section 1151.3 of this title, or for medium -
speed electric vehicles. 
 
G.  When registering in this state a vehicle which was titled in 
another state and which title contains the name of a secured party 
on the face of the other state certificate of t itle, or such state 
certificate is being held by the secured party in that state or any 
other state, the Tax Commission or the motor license agent sh all 
complete a lien entry form as p rescribed by the Tax Commission.  The 
owner of such vehicle shall file a n affidavit with the Tax 
Commission or the motor license agent stating that title to the 
vehicle is being held by a secured party, has not been issue d 
pursuant to the laws of the state where titled, and that there is an 
existing lien or encumbrance on the vehicle.  The current name and 
address of the secured party or lienholder shall also be stated in 
the affidavit.  The form of the affidavit shall be prescribed by the 
Tax Commission and contain any other information deemed neces sary by 
the Tax Commission. A statement of the lien or encumbrance shall be 
included on the Oklahoma certificate of title and the lien or   
 
ENR. S. B. NO. 1485 	Page 9 
encumbrance shall be deemed continuous ly perfected as though it had 
been perfected pursuant to Section 1110 of this t itle.  For 
completing the lien entry form and recording the security interest 
on the certificate of title, the Tax Commission or the motor license 
agent shall collect a fee of T hree Dollars ($3.00) which shall be in 
addition to other fees provided by the O klahoma Vehicle License and 
Registration Act. The fee, if collected by the motor license agent 
pursuant to this subsection, shall be retained by the motor license 
agent. 
 
H.  The charge for each certificate of t itle issued, except for 
junked titles as defi ned in paragraph 4 of subsec tion B of this 
section, shall be Eleven Dollars ($11.00), which charge shall be in 
addition to any other fees or taxes imposed by law for such vehicl e.  
One Dollar ($1.00) of each suc h charge shall be deposited in the 
Oklahoma Tax Commission Reimbursement Fund.  However, the charge 
shall not apply to any vehicle which is to be registered in this 
state pursuant to the provisions of Section 1120 or 1133 of this 
title and which was regist ered in another state at least sixty (60) 
days prior to the time it is re quired to be registered in this 
state.  When an insurer requests a salvage or junk title in the name 
of the insurer resulting from the settlement of a total loss claim 
and upon presentation of appropriate proof of loss documenta tion as 
required by the Comm ission, such transfer may be processed as one 
title transaction, without first requiring issuance of a replacement 
certificate of title in the name o f the vehicle owner.  The fee 
shall be Twenty-two Dollars ($22.00).  Two Dollar s ($2.00) of this 
fee shall be deposited in the Oklahoma Tax Commission Reimbursement 
Fund. 
 
I.  The vehicle identification number of a junked vehicle shall 
be preserved in the c omputer files of the Tax Commissi on for a 
period of not less than five (5) year s.  The charge of junked tit les 
as defined in paragraph 4 of subsection B of this section shall be 
Four Dollars ($4.00).  The fee remitted to the Tax Commission shall 
be deposited in the Oklahoma Tax Commission Reimbursement Fund. 
 
J.  If a vehicle is sold to a resident of another sta te 
destroyed, dismantled, or ceases to be used as a vehicle, the owner 
shall immediately notify the Tax Commission.  Absent evidence to the 
contrary, failure to notify the Tax Commi ssion shall be prima facie   
 
ENR. S. B. NO. 1485 	Page 10 
evidence that the ve hicle has been in continuous operation in this 
state. 
 
K.  If a vehicle is stolen, the owner shall immediately notify 
the appropriate law enforcement agency.  Immediately after r eceiving 
such notification, the law enforcement agency shall notify the Tax 
Commission. 
 
L.  Except for all-terrain vehicles, utility vehicles and 
motorcycles used exclusively for off -road use, no title for an out -
of-state vehicle, except any commercial tru ck or truck-tractor 
registered pursuant to Section 1120 of this title which is engaged 
in interstate commer ce or any trailer or semitrailer registered 
pursuant to Section 1133 of this title which is engaged in 
interstate commerce, shall be issued without a n inspection of such 
vehicle and payment of a fee of Four Dollars ($4.00) for s uch 
inspection; provided, th e Tax Commission may enter into reciprocal 
agreements with other states for such inspections to be performed at 
locations outside the boundaries of t his state for vehicles which: 
 
1.  Are offered for sale at auction; 
 
2.  Have been solely used as vehicles fo r rent under the 
ownership of a licensed motor vehicle dealer or a person engaged in 
the business of renting motor vehicles; or 
 
3.  Have not been reg istered in this or any othe r state for more 
than one (1) year. 
 
The inspection shall include a comparison of the vehicle 
identification number on the vehicle with the number recorded on the 
ownership records and the recording of the actual odometer reading 
on the vehicle. An establishment engaged in vehicle rentals as 
defined or classified in the NAICS Manual u nder Industry No. 532111, 
shall be exempt from the i nspection required pursuant to this 
subsection; provided, the establishment shall be required to submit 
payment of any fees required pursuant to this subsection when the 
title is issued. The four-dollar fee shall be collected by the 
motor license agent or Tax Commission when the title is issued.  The 
motor license agent shall retain Two Dollars ($2.00).  The remaining 
Two Dollars ($2.00) shall be deposited in the Oklahoma Tax 
Commission Reimbursement Fund .   
 
ENR. S. B. NO. 1485 	Page 11 
 
The Tax Commission may allow the inspection to be performed at a 
location out-of-state by another state ’s department of motor 
vehicles or state police. 
 
M.  No title for any out-of-state vehicle offered for sale at 
salvage pools, salvage disposal sales, o r an auction, or by a dealer 
or a licensed automotive dismantler and parts recycler, shall be 
issued without an inspection to compare th e vehicle identification 
number on the vehicle with the number recorded on the ownership 
record and to record the actual odometer reading on the vehicle.  
Upon request of the seller, person or entity conducting an auction, 
dealer, or licensed dismantler, t he inspection shall be conducted at 
the location or place of business of the sale, auction, dealer, or 
the dismantler.  The inspection shall be conducted by any motor 
license agent or a duly authorized employee thereof; provided, if 
the vehicle identificat ion number on the vehicle offered for sale at 
salvage pools, salvage disposal sales , or a classic or antique 
auction does not match the number recorded on the ownership record, 
the inspection may be conducted at the location of or place of 
business of such sale or auction by any state, county , or city law 
enforcement officer.  The Tax Commission may enter into reciprocal 
agreements with other states for such inspections to be performed at 
locations outside the boundaries of this state for vehicles which: 
 
1. Are offered for sale at auction; 
 
2.  Have been solely used as vehicles for rent under the 
ownership of a licensed moto r vehicle dealer or a person engaged in 
the business of renting motor vehicles; or 
 
3.  Have not been registered in this or any other sta te for more 
than one (1) year. 
 
The inspection shall be certified upon forms prescribed by th e Tax 
Commission.  The name and other identification of the authorized 
person conducting the inspection shall be legibly printed or typed 
on the form.  Prior to any inspection by any employee of a motor 
license agent, the motor license agent shall notify t he Tax 
Commission of the nam e and any other identification information 
requested by the Tax Commission of the authorized person.  A 
signature specimen of the author ized person shall be submitted to   
 
ENR. S. B. NO. 1485 	Page 12 
the Tax Commission by the employing motor license agent.  If the 
authorization to insp ect vehicles is withdrawn or the employer -
employee relationship is terminated, the motor license agent, 
immediately, shall notify the Ta x Commission and return any 
remaining inspection forms to the Tax Commission.  The fee for t he 
inspection shall be Four Dollars ($4.00).  The motor license agent 
shall retain Three Dollars ($3.00) of the fee.  Fees received by a 
motor license agent or an a uthorized employee thereof shall be 
handled and accounted for in the manner as prescribed by law for any 
other fees paid to or received by a motor license agent.  Out -of-
state vehicles brought into this state by a person licensed in 
another state to sell n ew or used vehicles to be sold within this 
state at a motor vehicle auction which is limited to dealer-to-
dealer transactions shall not be required to be inspected, unless 
the vehicle is purchased by an Oklahoma dealer.  Any person licensed 
in another state to sell new or used motor vehicles, who offers a 
motor vehicle for sale within this state at a motor vehicle auction 
which is limited to dealer-to-dealer transactions, shall not be 
within the definition of “owner” in Section 1102 of this title, for 
purposes of Section 1101 et seq. of this title. 
 
N.  A licensed motor vehicle dealer, upon payment of a fee of 
Fifteen Dollars ($15.00), may reassign an out-of-state certificate 
of title to a used motor vehicle provided such dealer obtains the 
appropriate inspection form required by either subsection L or M of 
this section and attaches the form to the out-of-state certificate 
of title.  Motor license agents shall be allowed to retain Two 
Dollars and twenty-five cents ($2.25) of the fee plus an additional 
Two Dollars ($2.00) or Three Dollars ($3.00) as provided in 
subsections L and M of this section for performance of the 
inspection.  Two Dollars ($2.00) of the fee shall be deposited in 
the Tax Commission Reimbursement Fund.  An out -of-state vehicle 
which has been rebuilt shall be inspected pursuant to the provisions 
of Section 1111 of this title.  The Ta x Commission shall train mot or 
license agents in interpreting vehicle identification numbers to 
assure that it accurately describes the vehicle and to detect 
rollback or alteration of the odometer.  Failure of a motor license 
agent to inspect the vehicle a nd make the required notatio ns shall 
be a misdemeanor punishable by a fine of not more than One Thousand 
Dollars ($1,000.00) for the first offense and Five Thousand Dollars 
($5,000.00) for the second offense or subsequent offense, or by   
 
ENR. S. B. NO. 1485 	Page 13 
imprisonment in the county jail for not more th an six (6) months, or 
by both such fine and imprisonment. 
 
O.  The ownership of any unrecovered vehicle which has been 
declared a total loss by an insurer because of theft shall be 
transferred to the insurer by an unrecovered -theft vehicle title; 
provided, the ownership of any such vehicle which has been declared 
a total loss by an insurer licensed by the Insurance Department of 
the State of Oklahoma and maintaining a multi-state motor vehicle 
salvage processing center in this sta te shall be transferred to t he 
insurer by a salvage or an unrecovered -theft title without the 
requirement of a visual inspection of the vehicle identification 
number by the insurer.  Upon recovery of the vehicle, the ownership 
shall be transferred by an or iginal title, salvage title, or junked 
title, as may be appropriate based upon an estimate of the amount of 
loss submitted by the insurer. 
 
P.  When an insurance com pany makes a total loss settlement on a 
total loss vehicle and the insurance company or a sa lvage pool 
authorized by the insurance company is unable to obtain the properly 
endorsed certificate of ownership or other evidence of ownership 
acceptable to the Oklahoma Tax Commission within thirty (30) days 
following acceptance by the owner of an offer of an amount in 
settlement of a total loss, that insurance company or salvage pool, 
on a form provided by the Oklahoma Tax Commission and signed under 
penalty of perjury, may request the Oklahoma Tax Commission to issue 
the applicable salvage title for th e vehicle.  The request shal l 
include information declaring that the requester has made at least 
two written attempts to obtain the certificate of ownership or othe r 
acceptable evidence of title. 
 
Q.  The owner of any vehicle which is incapable of operation or 
use on the public roads and has no resale value, except as parts, 
scrap, or junk, may deliver the certificate of title to the vehicle 
to the Tax Commission for cancellation.  Upon verification that any 
perfected lien against the vehicle has been releas ed, the 
certificate of title shall be canceled without any fee, charge, or 
cost required from the owner.  The vehicle identification numbers on 
the certificates of title shall be preserved in the computer files 
of the Tax Commission for at least five (5) y ears from the date of 
cancellation of the certificate of title.  The Tax Commission shall 
prescribe and provide an affidavit form to be completed by the owner   
 
ENR. S. B. NO. 1485 	Page 14 
of any vehicle for which the certificate of title is ca nceled.  No 
title or registration shall su bsequently be issued for a v ehicle for 
which the certificate of title has been surrendered pursuant to this 
subsection.  The Tax Commission shall prescribe a form f or the 
transfer of ownership of a vehicle for whic h the certificate of 
title has been cancel ed. 
 
R.  The owner of a vehic le which is not within the last ten (10) 
model years, not roadworthy and not capable of repair for operation 
or use on the roads and hig hways, or a vehicle which is being sold 
to a scrap metal dealer pursuant to Section 11 -92 of Title 2 of the 
Oklahoma Statutes, shall transfer the vehicle only upon a 
certificate of ownership prescribed by the Tax Commission, if the 
certificate of title to the vehicle is lost, has been canceled, or 
otherwise not available.  The prescribed ownershi p form shall 
include the names and addresses of the buyer and seller, the driver 
license number or social security number of the seller, the make and 
model of the vehicle, and the public vehicle identification num ber.  
If there is no public vehicle identif ication number, the vehicle 
shall be inspected by a law enforcement officer to verify the 
absence of the number on the vehicle and the prescribed ownership 
form shall include a signed statement, by such officer, v erifying 
the absence of the number. 
 
The certificate of ownership shall be completed in triplicate.  
The buyer and seller shall each retain a copy.  Within thirty (30) 
days of the transaction, the seller shal l submit one copy to the Tax 
Commission or a motor license agent accompanied with a fee of F our 
Dollars ($4.00).  One Do llar ($1.00) shall be retained by the motor 
license agent and Three Dollars ($3.00) shall be deposited in the 
Oklahoma Tax Commission Re imbursement Fund in the State Treasury. 
 
Upon receipt of the certificate, the Tax Commission shall verify 
that any perfected lien upon the vehicle has been released.  If the 
lien is not released, the Tax Commission shall mail notice of the 
transfer to the lienholder at the lienholder’s last-known address.  
If a certificate of title has been issued , it shall be canceled and 
the vehicle identification number shall be preserved in the computer 
of the Tax Commission for at least five (5) years.  The buyer of the 
vehicle may not be sued and shall not be liabl e for monetary damages 
to the lienholder,; however, the vehicle shall be subject to a valid 
repossession by a lienholder.   
 
ENR. S. B. NO. 1485 	Page 15 
 
S.  The Tax Commission shall notify the chief administrative 
officer of the agency or de partment responsible for issuing motor 
vehicle certificates of title in each state in the U nited States of 
the types of motor vehicle certificate of title effective in 
Oklahoma on and after January 1, 1989. 
 
T.  When registering for the first time in this s tate a 
remanufactured vehicle which has not been registered in any other 
state since its remanufacture, before issuing a certificate of 
title, the Tax Commission shall require the applicant to deliver a 
statement of origin from the remanufacturer. 
 
U.  If a vehicle is sold to a foreign buyer pursuan t to the 
provisions of the Automotive Dismantler s and Parts Recycler Act, th e 
licensed seller shall stamp the title with:  “EXPORT ONLY.  
NONTRANSFERABLE IN THE UNITED STATES. ” The licensed seller shall 
supply the Tax Commission the title number, the vehi cle 
identification number and the foreign buyer ’s bid identification 
number on a form prescribed by the Tax Commission.  The Tax 
Commission shall cancel the title, and the vehicle identification 
number shall be preserved in the computer files of the Tax 
Commission for a period of not less than five (5) years. 
 
V.  The Tax Commissio n shall not be considered a necessary party 
to any lawsuit which is instigated for the purpose of determining 
ownership of a vehicle, whe rein the Tax Commission’s only 
involvement would be to issue title, and the court shall iss ue an 
order dismissing the T ax Commission from the pending action.  In the 
event no other party or lienholder can be identified as to ownership 
or claim, the Tax Com mission shall accept an affidavit of owner ship 
from the party claiming ownership and issue proper title thereon. 
 
SECTION 2.  This act shall become effective November 1, 2022. 
   
 
ENR. S. B. NO. 1485 	Page 16 
Passed the Senate the 7th day of March, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 19th day of April, 2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __