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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 1605 By: Quinn and Bullard of the
Senate
and
Kerbs and Osburn of the
House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 1107, as last amended by Section 115 of
Enrolled House Bill N o. 3419 of the 2nd Session of
the 58th Legislature, which relates to the sale or
transfer of ownership of a vehicle; authorizing the
use of an electronic signature on documents required
for the transfer of ownership of a vehicle resulting
from the settlement of a total loss claim; conforming
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1107, as
last amended by Section 115 of Enrolled House Bill N o. 3419 of the
2nd Session of the 58th Legislature, is amended to read as follows:
Section 1107. A. In the event of the sale or transfer of the
ownership of a vehicle fo r which a certificate of title ha s been
issued as provided by Section 1105 of this title, the holder of such
certificate shall endorse on the back of same a complete assignment
thereof with warranty of title in form printed thereon with a
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statement of all liens or encumbrances on the vehi cle, sworn to
before a notary public or some other person authorized by law to
take acknowledgments, and deliver same to the purchaser or
transferee at the time of delivery to the purchaser or transferee of
the vehicle; provided, a transfer of the ownershi p of a vehicle to
an insurer resulting from the settlement of a total loss claim shall
not require a notarized signature on the certificate of title. In
the event that any other documents required for the transfer of
ownership of a vehicle to an insurer resulting from the settlement
of a total loss claim require a notarized signature, such documents
shall be permitted to be signed electronically pursuant to Section
15-109 of Title 12A of the Oklahoma Statutes in lieu of such
requirement. The purchaser or transferee, unless such person is a
bona fide used motor vehicle dealer licensed by this state, a retail
implement dealer in connection with the purchase or transfer of off-
road vehicles or a charitable organization shall, withi n thirty (30)
days from the time of delivery to the purchaser or transferee of the
vehicle, present the assigned cer tificate of title and the insurance
security verification to the vehicle to Service Oklahoma, or one of
its licensed operators, accompanied by a fee of Eleven Dollars
($11.00), together with any motor vehicl e excise tax or license fee
that may be due, whereupon a new certificate of title, shall be
issued to the assignee. One Dollar ($1.00) of each fee shall be
deposited in the Oklahoma Tax Commission Reimbursement Fund through
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December 31, 2022, and beginning January 1, 2023, this fee shall be
deposited in the Service Oklahoma Reimbursement Fund. Any
charitable organization utilizing the exemption authorized by this
subsection shall receive training as prescribed by the Oklah oma Used
Motor Vehicle and Parts, Dismantler, and Manufactured Housing
Commission.
B. A licensed dealer, a retail implement dealer in connection
with the sale or disposal of off-road vehicles or a charitable
organization shall, on selling or otherwise disposing of a vehicle,
execute and deliver to the purchaser thereof the c ertificate of
title properly and completely reassigned. Thereupon, the purchaser
of the vehicle shall present the reassigned certificate t o Service
Oklahoma, or a licensed operator, accompanied by a fee of Eleven
Dollars ($11.00), and any motor vehicle excise tax or license fee
that may be due, whereupon a new certificate of title will be issued
to the purchaser. One Dollar ($1.00) of each fee shall be deposited
in the Oklahoma Tax Commission Reimbursement Fund through December
31, 2022, and beginning January 1, 2023, this fee shall be deposited
in the Service Oklahoma Reimbursement Fund. The certificate, when
so assigned and returned to the Commission, together with any
subsequent assignment or reiss ue thereof, shall be appropriately
filed and indexed so that at all times it will be possible to trace
title to the vehicle designated therein. Provided, when the
ownership of any motor vehicle shall pass by operation of law, t he
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person owning the vehicle may, upon furnishing satisfactory proof to
the Commission of ownership, procure a title to the motor vehicle,
regardless of whether a certificate of title has ever been issued.
The dealer shall execute and deliver to the purchaser bills of sale
on forms prescribed by the Commission for all new vehicles sold by
the dealer. On presentation of a bill of sale executed on forms
prescribed by the Commission, by a manufacturer or dealer for a new
vehicle sold in this state, accompanied by remittance in the sum of
Eleven Dollars ($11.00), together with any motor vehi cle excise tax
or license fee that may be due, a certificate of title shall be
issued in accordance with the provisions of the Oklahoma Vehicle
License and Registration Act. One Dollar ($1.00) of eac h fee shall
be deposited in the Oklahoma Tax Commission Reimbursement Fund
through December 31, 2022, and beginning January 1, 2023, this fee
shall be deposited in the Service Oklahoma Reimbursement Fund. For
purposes of this subsection, “charitable organization” shall mean
any organization which is exempt fro m taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3) and which is registered as a charitable organization with
the Oklahoma Secretary of State and the Oklah oma Attorney General ’s
office; “off-road vehicles” means all-terrain vehicles, utility
vehicles, and motorcycles used exclusively for off-road use; “retail
implement dealer” means a business engaged primarily in the sale of
farm tractors as defined in Sect ion 1-118 of this title or
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implements of husbandry as de fined in Section 1-125 of this title or
a combination thereof.
C. Any person violating the provisions of this section shall be
guilty of a misdemeanor and upon the first conviction thereof shall
be punished by a fine no t to exceed Five Hundred Dollars ($5 00.00),
with impoundment of the vehicle until all taxes and fees are paid.
A second or subsequent conviction shall be punished by a fine not to
exceed One Thousand Dollars ($1,000.00), with impoundme nt of the
vehicle until all taxes and fees are paid. If a vehicle is
impounded pursuant to the provisions of this section, the vehicle
shall not be released to the owner until the owner provides proof of
security or an affidavit that the vehicle will not be used on public
highways or public streets, as require d pursuant to Section 7-600 et
seq. of this title. Each vehicle involved in a violation of this
section shall be considered a separate offense.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3903 RD 5/20/2022 7:38:34 PM