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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 998 By: Standridge
AS INTRODUCED
An Act relating to the Oklahoma Vehicle License and
Registration Act; requiring the Oklahoma Tax
Commission to implement a program fo r electronic
certificates of title and associated liens; requiring
designation of a vendor; providing date to establish
program; requiring the Commission to promulg ate
rules; requiring certain program procedures; adding
definitions; requiring certain elect ronic documents
and signatures be considered valid; requiring certain
reports of transaction or recording to be c onsidered
admissible evidence; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1105A of Title 47, unless there
is created a duplication in numb ering, reads as follows:
A. On or before July 1, 2022, the Ok lahoma Tax Commission shall
implement a program which will permit the electronic f iling, storage
and delivery of motor vehicle certificates of title and allow a
lienholder to perfect, assign and release a lien on a motor vehicle
in lieu of submission and m aintenance of paper documents as
otherwise provided in the provisions of Section 1 101 et seq. of
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Title 47 of the Oklahoma Statutes. The Tax Commission shall
designate a vendor or vendors, subject to the p rovisions of the
Oklahoma Central Purchasing Act, Section 85.1 et seq. of Title 74 of
the Oklahoma Statutes, to provide necessary ha rdware, software and
services to motor license agents who shall provide an electronic
filing, storage and delivery system to be used by applicants for a
certificate of title a nd for filing or releasing a lien pursu ant to
the procedures prescribed by the Ok lahoma Tax Commission. The
provisions of this section shall apply to applications for
certificates of title and liens filed after June 30, 2022. The Tax
Commission shall pro mulgate rules to implement the provi sions of
this section.
B. The program authoriz ed under subsection A of this section
shall include, but not be limited to, procedures:
1. For the delivery of a certific ate of title, on a paper
document or in an electron ic format, to the secured party having the
primary perfected security interest i n a vehicle in lieu of delivery
to the record owner, notwithstanding the provisions of Section 1101
et seq. of Title 47 of the Oklahoma Statutes. Provided, when
electronic transmission of liens and lien satisfactions is used, a
certificate of title need not b e issued or printed until the last
lien is satisfied and a clear certificate of title is issued to the
owner of the vehicle at their request;
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2. Establishing qualification s for third-party service
providers offering electronic lien services ;
3. Establishing reasonable fees, if necessary, to be charged by
service providers or contractors for the establishment, maintenance
and operation of the electronic lien title program ;
4. Providing access to the electronic certificate of title
records including liens on record, for licensed motor vehicle
dealers and lienholders who participate in the program
notwithstanding the provisio ns of Section 1109 of Title 47 of the
Oklahoma Statutes;
5. Allowing motor license a gents to participate in the
electronic lien title program; and
6. For the acceptance and use of electronic or digital
signatures.
C. As used in this section and Section 1101 et seq. of Title 47
of the Oklahoma Stat utes:
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 i n an electronic format;
2. “Electronic format” means an electronic or digital for mat or
medium of any document, record or other information; an d
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 either a physical or electronic format.
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D. Any documents created, stored or delivered under the
electronic lien title progra m as provided in this section shall be
considered valid including any signatures which are generated
electronically or contained on a scanned copy. A written or printed
report of a transaction or recording related to vehicles in an
electronic format, if ce rtified as true and correct by the Oklahoma
Tax Commission, shall serve as evidence of any signature
acknowledgment, or information which was provided to or by the Tax
Commission through electronic means, and the certification shall be
admissible in any le gal proceeding as evidence of the facts state d
therein.
SECTION 2. This act shall become effective Nove mber 1, 2021.
58-1-393 QD 1/21/2021 8:39:36 PM