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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSITUTE
FOR ENGROSSED
SENATE BILL NO. 998 By: Standridge of the Senate
and
Osburn of the House
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Vehicle License and
Registration Act; requiring the Oklahoma Tax
Commission to implement a program for electronic
certificates of title and associated liens; requiring
certain competitive contracts; providing date to
establish program; requiring the Commission to
promulgate rules; requiring certain program
procedures; adding definitions; requiring certain
electronic documents and signatures be considered
valid; requiring certain certified copies of Oklahoma
Tax Commission records to be considered admissible
evidence; requiring certain consultation; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1105A of Title 47, unless there
is created a duplication in numbering, reads as follows:
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A. On or before July 1, 2022, the Oklahoma Tax Commission shall
implement a program which will permit the electronic filin g, 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 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 enter
into competitive contracts with qualified third -party service
providers offering electronic lien and title processing services,
subject to the provisions of the Oklahoma Central Purchasing Act,
Section 85.1 et seq. of Title 74 of the Oklahoma Statutes, to
provide necessary hardware, software and services to motor license
agents who shall provide an electronic filing, storage and delivery
system to be used by applicants for a certi ficate of title and for
filing or releasing a lien pursuant to the procedures prescribed by
the Oklahoma Tax Commission. The provisions of this section shall
apply to applications for certificates of title and liens filed
after June 30, 2022. The Tax Com mission shall promulgate rules to
implement the provisions of this section.
B. The program authorized under subsection A of this section
shall include, but not be limited to, procedures:
1. For the delivery of a certificate of title, on a paper
document or in an electronic format, to the secured party having the
primary perfected security interest in a vehicle in lieu of delivery
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to the record owner, notwithstanding the provisions of Section 1101
et seq. of Title 47 of the Oklahoma Statutes. Provided, wh en
electronic transmission of liens and lien satisfactions is used, a
certificate of title need not be 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;
2. Establishing qualifications 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 lie n 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 provisions of Section 1109 of Title 47 of the
Oklahoma Statutes;
5. Allowing motor license agents to participate in the
electronic lien title program. Participating motor license agents
shall receive all fees provided by the Oklahoma Vehicle License and
Registration Act unless otherwise provided in Section 1132A of Title
47 of the Oklahoma Statutes; and
6. For the acceptance and use of electronic or digital
signatures.
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C. As used in this section and Section 1101 et seq. of Title 47
of the Oklahoma Statutes:
1. "Deliver" or "delivery" means, wi th 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, record or other information; and
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.
D. Any documents created, stored or d elivered under the
electronic lien title program as provided in this section shall be
considered valid including any signatures which are generated
electronically or contained on a scanned copy. A certified copy of
the Oklahoma Tax 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 e xpend funds necessary
for the implementation of the program provided in subsection A of
this section from available monies in the Oklahoma Tax Commission
and Office of Management and Enterprise Services Joint Computer
Enhancement Fund created pursuant to S ection 265 of Title 68 of the
Oklahoma Statutes.
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F. In the development of the program provided in subsection A
of this section, the Oklahoma Tax Commission shall consult
interested parties including, but not limited to, representatives of
the Oklahoma Automobile Dealers Association, the Oklahoma Bankers
Association, the Oklahoma Credit Union Association and the Oklahoma
Tag Agent Coalition.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPR OPRIATIONS AND BUDGET, dated
04/15/2021 - DO PASS, As Amended.