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SENATE FLOOR VERSION
February 24, 2021
AS AMENDED
SENATE BILL NO. 998 By: Standridge of the Senate
and
Osburn of the House
[ Oklahoma Vehicle License and Registration Act -
electronic certificates of title and associated liens
- electronic documents and signatures - codification
- effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 numbering, reads as follows:
A. On or before July 1, 2022, the Oklahoma 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 maintenance of paper documents as
otherwise provided in the provisions of Section 1 101 et seq. of
Title 47 of the Oklahoma Statutes. The Tax Commission shall
designate a vendor or vendors, subject to the provisions of the
Oklahoma Central Purchasing Act, Section 85.1 et seq. of Title 74 of
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the Oklahoma Statutes, to provide necessary ha rdware, software and
services to motor license agents who s hall provide an electronic
filing, storage and delivery system to be used by applicants for a
certificate of title and for filing or releasing a lien pursu ant to
the procedures prescribed by the Ok lahoma Tax Commission. The
provisions of this section shal l apply to applications for
certificates of title and liens filed after June 30, 2022. The Tax
Commission shall promulgate 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 certificate of title, on a paper
document or in an electronic format, to the secured party having the
primary perfected security interest i n a vehicle in lieu of delivery
to the record owner, notwith standing 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;
2. Establishing qualifications for third -party service
providers offering electronic lien services ;
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3. Establishing reasonable fees, if necessary, to be charged by
service providers or contractors for the es tablishment, 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 provisions 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 electroni c 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 in an electronic format;
2. “Electronic format” means an electronic or digital format 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.
D. Any documents created, stored or delivered under the
electronic lien title progra m as provided in this section shall be
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considered valid including any signatures which are gene rated
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 sig nature
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 November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 24, 2021 - DO PASS