Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1064 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 1064 By: Rosino of the Senate
29+SENATE FLOOR VERSION
30+February 28, 2023
31+AS AMENDED
32+
33+SENATE BILL NO. 1064 By: Rosino of the Senate
3034
3135 and
3236
3337 Bashore of the House
3438
3539
3640
3741
38-[ vehicle inspections - prohibition - inspection
39-requirement - fee - effective date ]
42+
43+An Act relating to vehicle inspections; amending 47
44+O.S. 2021, Section 110 5, as last amended by Section
45+110, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
46+Section 1105), which relates to definitions ;
47+modifying certain prohibition; removing certain
48+inspection requirement; requiring certain inspection
49+guideline; modifying certain inspection requirement;
50+authorizing certain inspections; requiring certain
51+fee; authorizing certain inspection authority
52+suspension and revocation; and providing an effective
53+date.
54+
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4459 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4560 SECTION 1. AMENDATORY 47 O.S. 2021, Section 1105, as
4661 last amended by Section 110, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
4762 2022, Section 1105), is amended to read as follows:
4863 Section 1105. A. As used in the Oklahoma Vehicle License and
4964 Registration Act:
5065 1. “Salvage vehicle” means any vehicle which is within the last
5166 ten (10) model years and which has been damaged by collision or
5267 other occurrence to the extent that the cost of repairing the
53-vehicle for safe operation on the highway e xceeds sixty percent
54-(60%) of its fair ma rket value, as defined by Section 1111 of this
55-title, immediately prior to the damage. For purposes of this
56-section, actual repair costs shall only include labor and parts for
57-actual damage to the suspension, motor , transmission, frame or
58-unibody and designated structural components;
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95+vehicle for safe operation on the highway exceeds sixty perce nt
96+(60%) of its fair ma rket value, as defined by Section 1111 of this
97+title, immediately prior to the damage. For purposes of this
98+section, actual repair costs shall only include labor and parts for
99+actual damage to the suspension, motor, transmission, fr ame or
100+unibody and designated structural components;
85101 2. “Rebuilt vehicle” means any salvage vehicle which has been
86102 rebuilt and inspected for the purpose of registration and title;
87103 3. “Flood-damaged vehicle” means a salvage or rebuilt vehicle
88104 which was damaged by flooding or a vehicle which was submerged at a
89105 level to or above the dashboa rd of the vehicle and on which an
90106 amount of loss was paid by the insurer;
91107 4. “Unidentifiable” means that the uniqueness of a motor
92108 vehicle or motor vehicle part canno t be established by either expert
93109 law enforcement investigative personnel specially trained and
94110 experienced in motor vehicle theft investigative pro cedures and
95111 motor vehicle identification examination techniques , or by expert
96112 employees of not-for-profit motor vehicle theft prevention agencies
97113 specially trained and experienced in motor vehi cle theft
98114 investigative procedures and motor vehicle identification
99115 examination techniques;
100116 5. “Unrecovered-theft vehicle” means a vehicle which has been
101117 stolen and not yet recovered;
102-5. 6. “Recovered-theft vehicle” means a vehicle, including a
103-salvage or rebuilt vehicle, wh ich was recovered from a theft; and
104-6. 7. “Junked vehicle” means any vehicle which is incapable of
105-operation or use on the highway, has no resale value except as a
106-source of parts or scrap and has an eighty percent (80%) loss in
107-fair market value.
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145+5. 6. “Recovered-theft vehicle” means a vehicle, including a
146+salvage or rebuilt vehicle, wh ich was recovered from a theft; and
147+6. 7. “Junked vehicle” means any vehicle which is incapable of
148+operation or use on the highway, has no resale value except as a
149+source of parts or scrap and has an eighty percent (80%) loss in
150+fair market value.
134151 B. The owner of every vehicle in this state shall possess a
135152 certificate of title as proof of ownership of such vehicle, except
136153 those vehicles registered pursuant to Section 1120 of this title and
137154 trailers registered pursuant to Section 1133 of this title,
138155 previously titled by anyone in another state and engaged in
139156 interstate commerce, and except as provided in subsection M of this
140157 section. Except for owners that possess an agricult ural exemption
141158 permit pursuant to Section 1358.1 of Title 68 of the Oklahoma
142159 Statutes, the owner of an all -terrain vehicle or a motorcycle used
143160 exclusively off roads or highways in this state which is purchased
144161 or the ownership of which is transferred on o r after July 1, 2005,
145162 and the owner of a utility vehicle used exclusively off roads a nd
146163 highways in this state which is purchased or the ownership of which
147164 is transferred on or after July 1, 2008, shall possess a certificate
148165 of title as proof of ownership. Any person possessing an
149166 agricultural exemption permit and owning an all -terrain vehicle or a
150167 motorcycle used exclusively off roads or highways in this state
151168 which is purchased or the ownership of which is transferred on or
152-after July 1, 2008, shall poss ess a certificate of title as proof of
153-ownership. Upon receipt of proper application information by such
154-owner, Service Oklahoma shall issue an original or transfer
155-certificate of title. Until July 1, 2008, any secur ity interest in
156-an all-terrain vehicle that attached and was perfected before July
157-1, 2005, and that has not otherwise term inated shall remain
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196+after July 1, 2008, shall poss ess a certificate of title as proof of
197+ownership. Upon receipt of proper application information by such
198+owner, Service Oklahoma shall issue an original or transfer
199+certificate of title. Until July 1, 2008, any security interest in
200+an all-terrain vehicle that attached and was perfected before July
201+1, 2005, and that has not otherwise term inated shall remain
184202 perfected, and shall take priority over any subsequently perfected
185203 security interest in the same all -terrain vehicle, notwithstanding
186204 that a certificate of title may have been issued with respect to the
187205 same all-terrain vehicle on or af ter July 1, 2005, and that a lien
188206 may have been recorded on said certificate of title. There shall be
189207 eight types of certificates of title:
190208 1. Original title for any mot or vehicle which is not a
191209 remanufactured, salvage, unrecovered -theft, rebuilt, rebodi ed or
192210 junked vehicle;
193211 2. Salvage title for any motor vehicle which is a salvage
194212 vehicle or is specified as a salvage vehicle or the equivalent
195213 thereof on a certificate of title from another state;
196214 3. Rebuilt title for any motor vehicle which is a rebuilt
197215 vehicle;
198216 4. Junked title for any motor vehicle which is a junked vehicle
199217 or is specified as a junked vehicle or the equivalent thereof on a
200218 certificate of title from ano ther state;
201-5. Classic title for any motor vehicle, except a junked
202-vehicle, which is twenty-five (25) model years or older;
203-6. Remanufactured title for any vehicle which is a
204-remanufactured vehicle;
205-7. Unrecovered-theft title for any motor vehicle whic h has been
206-stolen and not recovered; and
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246+5. Classic title for any motor vehicle, except a junked
247+vehicle, which is twenty-five (25) model years or older;
248+6. Remanufactured title for any vehicle which is a
249+remanufactured vehicle;
250+7. Unrecovered-theft title for any motor vehicle whic h has been
251+stolen and not recovered; and
233252 8. Rebodied title for any motor vehicle whi ch is a rebodied
234253 vehicle.
235254 Application for a certificate of title, whether the initial
236255 certificate of title or a duplicate, may be made to Service Oklahoma
237256 or any licensed operator. When application is made with a licensed
238257 operator, the application informa tion shall be transmitted either
239258 electronically or by mail to Service Oklahoma by the licensed
240259 operator. If the application information is transmitted
241260 electronically, the licensed operator shall forward the required
242261 application along with evidence of owne rship, where required, by
243262 mail. Where the transmission of application information cannot be
244263 performed electronically, Service Oklahoma is authorized to provide
245264 postage paid envelopes to licensed operators for the purpose of
246265 mailing the application along w ith evidence of ownership, where
247266 required. Service Oklahoma shall upon receipt of proper application
248267 information issue an Oklahoma certificate of title. The
249268 certificates may be mailed to the applicant. Upon issuance of a
250-certificate of title, Service Ok lahoma shall provide the appropriate
251-licensed operator with confirmation of such issuance.
252-C. 1. The application for certificate of title shall be upon a
253-blank form furnished by Service Oklahoma, containing:
254-a. a full description of the vehicle,
255-b. the manufacturer’s serial or other identification
256-number,
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296+certificate of title, Service Ok lahoma shall provide the appropriate
297+licensed operator with confirmation of such issuance.
298+C. 1. The application for certificate of title shall be upon a
299+blank form furnished by Service Oklahoma, containing:
300+a. a full description of the vehicle,
301+b. the manufacturer’s serial or other identification
302+number,
283303 c. the motor number and the date on which first sold by
284304 the manufacturer or dealer to the owner,
285305 d. any distinguishing marks,
286306 e. a statement of the applicant’s source of title,
287307 f. any security interest u pon the vehicle, and
288308 g. such other information as Service Oklahoma may
289309 require.
290310 2. The application for a certificate of title for a vehicle
291311 which is within the last seven (7) model years shall require a
292312 declaration as to whether the vehicle has been damag ed by collision
293313 or other occurrence and whether the vehicle has been recovered from
294314 theft and the extent of the damage to the vehicle. The declaration
295315 shall be made by the owner of a vehicle if:
296316 a. the vehicle has been damaged or stolen,
297317 b. the owner did or did not receive any payment for the
298318 loss from an insurer, or
299-c. the vehicle is titled or registered in a state that
300-does not classify the vehicle or brand the title
301-because of damage to or loss of the vehicle similar to
302-the classifications or brands uti lized by this state.
303-The declaration shall be based upon the best information and
304-knowledge of the owner and shall be in addition to the requirements
305-specified in paragraph 1 of this subsection. Service Oklahoma shall
306-not issue a certificate of title for a vehicle which is subject to
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346+c. the vehicle is titled or registered in a state that
347+does not classify the vehicle or brand the title
348+because of damage to or loss of the vehicle similar to
349+the classifications or brands uti lized by this state.
350+The declaration shall be based upon the best information and
351+knowledge of the owner and shall be in addition to the requirements
352+specified in paragraph 1 of this subsection. Service Oklahoma shall
353+not issue a certificate of title for a vehicle which is subject to
333354 the provisions of this paragraph without the required declaration,
334355 completed and signed by the owner of the vehicle. Upon rece ipt of
335356 an application without the properly completed declaration, Service
336357 Oklahoma shall return the application to the applicant with notice
337358 that the title may not be issued without the required declaration.
338359 Nothing in this paragraph shall prohibit Servic e Oklahoma from
339360 recognizing the type of or brand on a title or other ownership
340361 document issued by a nother state or the inspection conducted in
341362 another state and issuing the appropriate certificate of title for
342363 the vehicle.
343364 3. The certificate of title shal l have the following security
344365 features:
345366 a. intaglio printing or security thread, with or without
346367 watermark,
347368 b. latent images,
348369 c. fluorescent inks,
349-d. micro print,
350-e. void background, and
351-f. color coding.
352-4. Each title issued pursua nt to the provisions of the Oklahoma
353-Vehicle License and Registration Act shall be color coded as
354-determined by Service Okl ahoma.
355-5. The certificate of title shall be of such size and design
356-and color as Service Oklahoma may direct pursuant to the provisi ons
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397+d. micro print,
398+e. void background, and
399+f. color coding.
400+4. Each title issued pursuant to the provisions of the Oklahoma
401+Vehicle License and Registration Act shall be color coded as
402+determined by Service Okl ahoma.
403+5. The certificate of title shall be of such size and design
404+and color as Service Oklahoma may direct pursuant to the provisions
383405 of this section. Th e title shall be on colored paper or other
384406 material as designated by Service Oklahoma and be of suc h intensity
385407 or hue as will allow easy identification as to whether the title is
386408 an original title, a salvage title, a rebuilt title, remanufactured
387409 title, rebodied title or a junked title. The type of title shall be
388410 identified on the front of the certific ate of title. The original
389411 title, rebuilt title, remanufactured title, an unrecovered -theft
390412 title, rebodied title or classic title shall be identified by th e
391413 word “Original”, “Rebuilt”, “Remanufactured”, “Unrecovered Theft”,
392414 “Rebodied” or “Classic” printed in the upper right quadrant of the
393415 certificate of title, in the space which is currently captioned
394416 “type of title”. A rebodied title shall also identify o n the front
395417 of the title the year, make and model of the originally manufactured
396418 vehicle which has been rebodied and display a notation that reads as
397419 follows: “This vehicle has been assembled with new major components
398420 licensed by the original manufacturer. ”
399-D. 1. To obtain an original certificate of title for a vehicle
400-that is being registered for the first time in this state which has
401-not been previously registered in any other state, the applicant
402-shall be required to deliver, as evidence of ownership, a
403-manufacturer’s certificate of origin properly assigned by the
404-manufacturer, distributor, or deale r licensed in this or any other
405-state shown thereon to be the last transferee to the applicant upon
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448+D. 1. To obtain an original certificate of title for a vehicle
449+that is being registered for the first time in this state which has
450+not been previously registered in any other state, the applicant
451+shall be required to deliver, as evidence of ownership, a
452+manufacturer’s certificate of origin properly assigned by the
453+manufacturer, distributor, or deale r licensed in this or any other
454+state shown thereon to be the last transferee to the applicant upon
432455 a form to be prescribed and approved by Service Oklahoma. A
433456 manufacturer’s certificate of origin shall contain:
434457 a. the manufacturer’s serial or other ident ification
435458 number,
436459 b. date on which first sold by the manufacturer to the
437460 dealer,
438461 c. any distinguishing marks including model and the year
439462 same was made,
440463 d. a statement of any security interests upon the
441464 vehicle, and
442465 e. such other information as Service Okl ahoma may
443466 require.
444467 2. The manufacturer ’s certificate of origin shall have the
445468 following security features:
446469 a. intaglio printing or security thread, with or without
447470 watermark,
448471 b. latent images,
449-c. fluorescent inks,
450-d. micro print, and
451-e. void background.
452-E. In the absence of a dealer ’s or manufacturer’s number,
453-Service Oklahoma may assign such identifying number to the veh icle,
454-which shall be permanently stamped, burned or pressed or attached
455-into the vehicle, and a certificate of title shall be delivered to
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499+c. fluorescent inks,
500+d. micro print, and
501+e. void background.
502+E. In the absence of a dealer ’s or manufacturer’s number,
503+Service Oklahoma may assign such identifying number to the veh icle,
504+which shall be permanently stamped, burned or pressed or attached
505+into the vehicle, and a certificate of title shall be delivered to
482506 the applicant upon payment of all fees and taxes, and the remaining
483507 copies shall be permanently filed and indexed by Service Oklahoma.
484508 Service Oklahoma shall assign an identifying number to any rebuilt
485509 vehicle if the vehicle identification number displ ayed on the
486510 rebuilt vehicle does not accurately describe the vehicle as rebuilt.
487511 The licensed operator, at the time of inspection of the rebuilt
488512 vehicle pursuant to Secti on 1111 of this title, shall identify the
489513 make, model, and year for the body to accur ately describe the
490514 rebuilt vehicle. At the time of the inspection, an appropriate
491515 identifying number shall be permanent ly stamped, burned, pressed, or
492516 attached on the rebuilt vehicle. The assigned identifying number
493517 shall be recorded on the certificate o f title for the rebuilt
494518 vehicle. The dealer ’s or manufacturer’s vehicle identification
495519 number on the rebuilt vehicle sh all be preserved in the computer
496520 files of Service Oklahoma for at least five (5) years.
497521 F. When registering for the first time in this state a vehicle
498522 which was not originally manufactured for sale in the United States,
499-to obtain a certificate of title, S ervice Oklahoma shall require the
500-applicant to deliver:
501-1. As evidence of ownership, if the vehicle has not previously
502-been titled in the United States, the documents constituting valid
503-proof of ownership in the country in which the vehicle was
504-originally purchased, together with a notarized translation o f any
505-such documents; and
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550+to obtain a certificate of title, S ervice Oklahoma shall require the
551+applicant to deliver:
552+1. As evidence of ownership, if the vehicle has not previously
553+been titled in the United States, the documents constituting valid
554+proof of ownership in the country in which the vehicle was
555+originally purchased, together with a notarized translation o f any
556+such documents; and
532557 2. As evidence of compliance with federal law, copies of t he
533558 bond release letters for the vehicle issued by the United States
534559 Environmental Protection Agency and the United State s Department of
535560 Transportation, together with a rec eipt issued by the Internal
536561 Revenue Service indicating that the applicable federal ga s guzzler
537562 tax has been paid.
538563 Service Oklahoma shall not issue a certificate of title for a
539564 vehicle which is subject to t he provisions of this paragraph without
540565 the required documentation from agencies of the United States and
541566 evidence of ownership. Upon r eceipt of an application without the
542567 required documentation, Service Oklahoma shall return the
543568 application to the applic ant with notice that the certificate of
544569 title may not be issued without the required documentation. Nothing
545570 in this paragraph shall pro hibit Service Oklahoma from issuing
546571 certificates of title for antique or classic vehicles not driven
547572 upon the public streets, roads, or highways, for mini -trucks
548-registered pursuant to Section 1151.3 of this title, or for medium -
549-speed electric vehicles.
550-G. When registering in this state a vehicle which was titled in
551-another state and which title contains the name of a secu red party
552-on the face of the other state certificat e of title, or such state
553-certificate is being held by the secured party in that stat e or any
554-other state, Service Oklahoma or the licensed operator shall
555-complete a lien entry form as prescribed by Servic e Oklahoma. The
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600+registered pursuant to Section 1151.3 of this title, or for medium -
601+speed electric vehicles.
602+G. When registering in this state a vehicle which was titled in
603+another state and which title contains the name of a secu red party
604+on the face of the other state certificat e of title, or such state
605+certificate is being held by the secured party in that stat e or any
606+other state, Service Oklahoma or the licensed operator shall
607+complete a lien entry form as prescribed by Servic e Oklahoma. The
582608 owner of such vehicle shall file a n affidavit with Service Oklahoma
583609 or the licensed operator stating that title to the vehicle is being
584610 held by a secured party, has not been issued pursuant to the laws of
585611 the state where titled, and that t here is an existing lien or
586612 encumbrance on the vehi cle. The current name and address of the
587613 secured party or lienholder shall also be s tated in the affidavit.
588614 The form of the affidavit shall be prescribed by Service Oklahoma
589615 and contain any other informa tion deemed necessary by Service
590616 Oklahoma. A statement of the lien or encumbrance shall be included
591617 on the Oklahoma certificate of titl e and the lien or encumbrance
592618 shall be deemed continuously perfected as though it had been
593619 perfected pursuant to Section 1110 of this title. For completing
594620 the lien entry form and recording the security interest on the
595621 certificate of title, Service Oklaho ma or the licensed operator
596622 shall collect a fee of Three Dollars ($3.00) which shall be in
597623 addition to other fees provid ed by the Oklahoma Vehicle License and
598-Registration Act. The fee, if collected by the licensed operator
599-pursuant to this subsection, sh all be retained by the licensed
600-operator.
601-H. The charge for each certificate of title issued, except for
602-junked titles as defined in paragraph 4 of subsection B of this
603-section, shall be Eleven Dollars ($11.00), which charge shall be in
604-addition to any other fees or taxes imposed by law for such vehicle.
605-One Dollar ($1.00) of each such charge shall be deposited in the
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651+Registration Act. The fee, if collected by the licensed operator
652+pursuant to this subsection, sh all be retained by the licensed
653+operator.
654+H. The charge for each certificate of title issued, except for
655+junked titles as defined in paragraph 4 of subsection B of this
656+section, shall be Eleven Dollars ($11.00), which charge shall be in
657+addition to any other fees or taxes imposed by law for such vehicle.
658+One Dollar ($1.00) of each such charge shall be deposited in the
632659 Oklahoma Tax Commission Reimbursement Fund through Dec ember 31,
633660 2022, and beginning January 1, 2023, it shall be deposited in the
634661 Service Oklahoma Reimbursement Fund. However, the charge shall not
635662 apply to any vehicle which is to be registered in this state
636663 pursuant to the provisions of Section 1120 or 1133 of this title and
637664 which was registered in another state at least sixty (60) days prio r
638665 to the time it is required to be registered in this state. When an
639666 insurer requests a salvage or junk title in the na me of the insurer
640667 resulting from the settlement of a total loss claim and upon
641668 presentation of appropriate proof of loss documentation a s required
642669 by Service Oklahoma, such transfer may be processed as one title
643670 transaction, without first requiring issuanc e of a replacement
644671 certificate of title in the name of the vehicle owner. The fee
645672 shall be Twenty-two Dollars ($22.00). Two Dollars ($ 2.00) of this
646673 fee shall be deposited in the Oklahoma Tax Commission Reimbursement
647674 Fund.
648-I. The vehicle identification n umber of a junked vehicle shall
649-be preserved in the computer files of Service Oklahoma for a period
650-of not less than five (5) years. Th e charge of junked titles as
651-defined in paragraph 4 of subsection B of this section shall be Four
652-Dollars ($4.00). The fee remitted to the Tax Commission shall be
653-deposited in the Oklahoma Tax Commission Reimbursement Fund through
654-December 31, 2022, and b eginning January 1, 2023, this fee shall be
655-deposited in the Service Oklahoma Reimbursement Fund.
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702+I. The vehicle identification n umber of a junked vehicle shall
703+be preserved in the computer files of Service Oklahoma for a period
704+of not less than five (5) years. Th e charge of junked titles as
705+defined in paragraph 4 of subsection B of this section shall be Four
706+Dollars ($4.00). The fee remitted to the Tax Commission shall be
707+deposited in the Oklahoma Tax Commission Reimbursement Fund through
708+December 31, 2022, and b eginning January 1, 2023, this fee shall be
709+deposited in the Service Oklahoma Reimbursement Fund.
682710 J. If a vehicle is so ld to a resident of another state
683711 destroyed, dismantled, or ceases to be used as a vehicle, the owner
684712 shall immediately notify Service O klahoma. Absent evidence to the
685713 contrary, failure to notify Service Oklahoma shall be prima facie
686714 evidence that the veh icle has been in continuous operation in this
687715 state.
688716 K. If a vehicle is stolen, the owner shall immediately notify
689717 the appropriate law enforcement agency. Immediately after receiving
690718 such notification, the law enforcement agency shall notify Service
691719 Oklahoma.
692720 L. Except for all-terrain vehicles, utility vehicles and
693721 motorcycles used exclusively for off-road use, no title for an out -
694722 of-state vehicle, except any commercial truck or truck -tractor
695723 registered pursuant to Section 1120 of this title which is eng aged
696724 in interstate commerce or any trailer or semit railer registered
697725 pursuant to Section 1133 of this title which is engaged in
698-interstate commerce, shall be issued without an inspection of such
699-vehicle and payment of a fee of Four Dollars ($4.00) for such
700-inspection; provided, Service Oklahoma may enter i nto reciprocal
701-agreements with other states for such inspections to be performed at
702-locations outside the boundaries of this state for vehicles which:
703-1. Are offered for sale at auction;
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753+interstate commerce, shall be issued without an inspection of such
754+vehicle and payment of a fee of Four Dollars ($4.00) for such
755+inspection; provided, Service Oklahoma may enter i nto reciprocal
756+agreements with other states for such inspections to be performed at
757+locations outside the boundaries of this state for vehicles which:
758+1. Are offered for sale at auction;
730759 2. Have been solely used as vehicles for rent under the
731760 ownership of a licensed motor vehicle dealer or a person engaged in
732761 the business of renting moto r vehicles; or
733762 3. Have not been registered in this or any other state for more
734763 than one (1) year.
735764 The inspection shall include a comparison of the vehicle
736765 identification number on the vehicle with the number recorded on the
737766 ownership records and the recor ding of the actual odometer reading
738767 on the vehicle. The four -dollar fee shall be collected by the
739768 licensed operator or Service Oklahoma when the title is issued. The
740769 licensed operator shall retain Two Dollars ($2.00). The remaining
741770 Two Dollars ($2.00) s hall be deposited in the Oklahoma Tax
742771 Commission Reimbursement Fund through December 31, 2022, and
743772 beginning January 1, 2023, this fee shall be deposited in the
744773 Service Oklahoma Reimbursement Fund.
745774 Service Oklahoma may allow the inspection to be performed at a
746775 location out-of-state by another state ’s department of motor
747776 vehicles or state police.
748-M. No title for any out -of-state vehicle offered for sale at
749-salvage pools, salvage disposal sales, or an auction, or by a dealer
750-or a licensed automotive dismantl er and parts recycler, shall be
751-issued without unless an inspection has been conducted to compare
752-the vehicle identification number o n the vehicle with the number
753-recorded on the ownership record and to record the actual odometer
754777
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804+M. No title for any out -of-state vehicle offered for sale at
805+salvage pools, salvage disposal sales, or an auction, or by a dealer
806+or a licensed automotive dismantl er and parts recycler, shall be
807+issued without unless an inspection has been conducted to compare
808+the vehicle identification number on the vehicle with the number
809+recorded on the ownership record and to record the actual odometer
780810 reading on the vehicle by a person employed thereby or a licensed
781811 operator. Upon request of the seller, person or entity conducting
782812 an auction, dealer or licensed dismantler, the inspection shall be
783813 conducted at the location or place of business of the sale, auction,
784814 dealer, or the dismantler. The inspection shall be conducted by any
785815 licensed operator or a duly authorized employee thereof; provided,
786816 if If the vehicle identification number on the v ehicle offered for
787817 sale or at salvage pools, salvage disposal sales or a cl assic or
788818 antique auction does not match the number recorded on the ownership
789819 record, the an inspection may shall be conducted at the location of
790820 or place of business of such sale or auction by any state, county or
791821 city law enforcement officer or an agent of the National Insurance
792822 Crime Bureau at the location of or pl ace of business of such sale or
793823 auction or as specified by the state, county, or city law
794824 enforcement officer or agent of the National Insurance Crime Bureau.
795825 Service Oklahoma may enter into reciprocal agreements with other
796826 states for authorize such inspections to be performed at locations
797827 outside the boundaries of this state for vehicles which:
798-1. Are offered for sale a t auction;
799-2. Have been solely used as vehicles for rent under the
800-ownership of a licensed motor vehicle dealer or a person engaged in
801-the business of renting motor vehicles; or
802-3. Have not been registered in this or any other state for more
803-than one (1) year.
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855+1. Are offered for sale a t auction;
856+2. Have been solely used as vehicles for rent under the
857+ownership of a licensed motor vehicle dealer or a person engaged in
858+the business of renting motor vehicles; or
859+3. Have not been registered in this or any other state for more
860+than one (1) year.
830861 The inspection shall be certified upon forms prescribed by Service
831862 Oklahoma. The name and other identification of the authorized
832863 person conducting the inspection shall be legibly printed or typed
833864 on the form. Prior to any inspection by any employe e of a licensed
834865 operator, the licensed operator shall notify Service Oklaho ma of the
835866 name and any other identification information reques ted by Service
836867 Oklahoma of the authorized person. A signature specimen of the
837868 authorized person shall be submitted to Service Oklahoma by the
838869 employing licensed operator. If the authorization to inspect
839870 vehicles is withdrawn or the employer -employee relationship is
840871 terminated, the licensed operator, immediately, shall notify Service
841872 Oklahoma and return any remaining insp ection forms to Service
842873 Oklahoma. The fee for the inspection performed by a licensed
843874 operator shall be Four Dollars ($4.00). The licens ed operator shall
844875 retain Three Dollars ($3.00) of the fee. The fee for an inspection
845876 performed by employees of salvage pools, salvage disposal sales,
846877 auctions, dealers, or licensed automotive dismantler and parts
847878 recyclers shall be One Dollar ($1.00) and shall not be retained but
848-remitted to the Service Oklahoma Reimbursement Fund pursuant to
849-Section 3-106 of this title. Fees received by a licensed operator
850-or an authorized employee thereo f shall be handled and accounted f or
851-in the manner as prescribed by law for any other fees paid to or
852-received by a licensed op erator. Out-of-state vehicles brought into
853-this state by a perso n licensed in another state to sell new or used
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906+remitted to the Service Oklahoma Reimbursement Fund pursuant t o
907+Section 3-106 of this title. Fees received by a licensed operator
908+or an authorized employee thereo f shall be handled and accounted f or
909+in the manner as prescribed by law for any other fees paid to or
910+received by a licensed op erator. Out-of-state vehicles brought int o
911+this state by a perso n licensed in another state to sell new or used
880912 vehicles to be sold within this state at a motor v ehicle auction
881913 which is limited to dealer-to-dealer transactions shall not be
882914 required to be inspected, unless the vehicle is purchased by an
883915 Oklahoma dealer. Any person licensed in another state to sell new
884916 or used motor vehicles, who offers a motor vehi cle for sale within
885917 this state at a motor vehicle auction which is limited to dealer -to-
886918 dealer transactions, shall not be within the de finition of “owner”
887919 in Section 1102 of this title, for purposes of Section 1101 et seq.
888920 of this title. If Service Oklahoma or another Okl ahoma agency
889921 issuing a license to a person authorized by this section to per form
890922 an inspection determines that a perso n has not complied with this
891923 section, falsified an inspection form, or does not obtain an
892924 inspection if required, by any state, county, or city law
893925 enforcement officer or an agent of the National Insurance Crime
894926 Bureau, the person’s authority to perform an inspection under this
895927 section may be suspended or revoked, or the person’s license to
896928 conduct business may be suspended or revoked by the Oklahoma agen cy
897929 issuing such license.
898-N. A licensed motor vehicle dealer, upon payment of a fee of
899-Fifteen Dollars ($15.00), may reassign a n out-of-state certificate
900-of title to a used motor vehicle prov ided such dealer obtains the
901-appropriate inspection form required by either subsection L or M of
902-this section and attaches the form to the out-of-state certificate
903-of title. Licensed operator s shall be allowed to retain Two Dollars
904930
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957+N. A licensed motor vehicle dealer, upon payment of a fee of
958+Fifteen Dollars ($15.00), may reassign a n out-of-state certificate
959+of title to a used motor vehicle prov ided such dealer obtains the
960+appropriate inspection form required by either subsection L or M of
961+this section and attaches the form to the out-of-state certificate
962+of title. Licensed operator s shall be allowed to retain Two Dollars
930963 and twenty-five cents ($2.25) of the fee plus an additional Two
931964 Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections
932965 L and M of this section for performance of the inspection. Two
933966 Dollars ($2.00) of the fee shall be deposited in the Service
934967 Oklahoma Reimbursement Fund. An out-of-state vehicle which has been
935968 rebuilt shall be inspected pursuant to the provisions of Sect ion
936969 1111 of this title. Service Oklahoma shall train license d operators
937970 in interpreting vehicle identification numbers to assure that it
938971 accurately describes the vehicle and to detect rollback or
939972 alteration of the odometer. Failure of a licensed operator to
940973 inspect the vehicle and make the required notations shall be a
941974 misdemeanor punishable by a fine of not more than One Thousand
942975 Dollars ($1,000.00) for the first offense and Five Thousand Dollars
943976 ($5,000.00) for the second offense or subsequent offense, or by
944977 imprisonment in the county jail for not more than six ( 6) months, or
945978 by both such fine and imprisonment.
946979 O. The ownership of any unrecovered vehicle which has been
947980 declared a total loss by an insurer becaus e of theft shall be
948-transferred to the insu rer by an unrecovered-theft vehicle title;
949-provided, the ownership of any such vehic le which has been declared
950-a total loss by an insurer licensed b y the Insurance Department of
951-the State of Oklahoma and maintaini ng a multi-state motor vehicle
952-salvage processing center in this state shall be tra nsferred to the
953-insurer by a salvage or an u nrecovered-theft title without the
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1008+transferred to the insu rer by an unrecovered-theft vehicle title;
1009+provided, the ownership of any such vehic le which has been declared
1010+a total loss by an insurer licensed b y the Insurance Department of
1011+the State of Oklahoma and maintaini ng a multi-state motor vehicle
1012+salvage processing center in this state shall be transferred to the
1013+insurer by a salvage or an u nrecovered-theft title without the
9801014 requirement of a visual inspe ction of the vehicle identification
9811015 number by the insurer. Upon recovery of the vehicle, the ownership
9821016 shall be transferred by an original title, salvage title, or junk ed
9831017 title, as may be app ropriate based upon an estimate of the amount of
9841018 loss submitted by the insurer.
9851019 P. When an insurance company makes a total loss settlement on a
9861020 total loss vehicle and the insurance company or a salvage pool
9871021 authorized by the insuran ce company is unable to obtain the properly
9881022 endorsed certificate of ownership or other evidence of ownership
9891023 acceptable to Service Oklahoma within thirt y (30) days following
9901024 acceptance by the own er of an offer of an amount in settlement of a
9911025 total loss, that insurance company or salvage pool, on a form
9921026 provided by Service Oklahoma and signed under penalty of perjury,
9931027 may request Service Oklahoma to issue the applicable salvage title
9941028 for the vehicle. The request shall include information declaring
9951029 that the requester has made at l east two written attempts to obtain
9961030 the certificate of ownership or other acceptable evidence of title.
997-Q. The owner of any vehi cle which is incapable of operation or
998-use on the public roads and has no resale va lue, except as parts,
999-scrap or junk, may del iver the certificate of title to the vehicle
1000-to Service Oklahoma for cancellation. Upon verification that any
1001-perfected lien against the vehicle has been released, the
1002-certificate of title shall be canceled with out any fee, charge, or
1003-cost required from t he owner. The vehicle identification numbers on
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1058+Q. The owner of any vehi cle which is incapable of operation or
1059+use on the public roads and has no resale value, except as parts,
1060+scrap or junk, may del iver the certificate of title to the vehicle
1061+to Service Oklahoma for cancellation. Upon verification that any
1062+perfected lien against the vehicle has been released, the
1063+certificate of title shall be canceled without any fee, charge, or
1064+cost required from t he owner. The vehicle identification numbers on
10301065 the certificates of title shall be preserved in the computer files
10311066 of Service Oklahoma for at least five (5) years from the date of
10321067 cancellation of the certificate of title. Service O klahoma shall
10331068 prescribe and provide an affidavit form to be completed by the owner
10341069 of any vehicle for which the certificate of title is canceled. No
10351070 title or registration shall subsequently be i ssued for a vehicle for
10361071 which the certificate of title has be en surrendered pursuant to this
10371072 subsection. Service Oklahoma shall prescribe a form fo r the
10381073 transfer of ownership of a vehicle for which the certificat e of
10391074 title has been canceled.
10401075 R. The owner of a vehicle which is not within the last ten (10)
10411076 model years, not roadworthy and not capable of repair for operation
10421077 or use on the roads and high ways, or a vehicle which is being sold
10431078 to a scrap metal dealer pu rsuant to Section 11-92 of Title 2 of the
10441079 Oklahoma Statutes, shall transfer the vehicle only upon a
10451080 certificate of ownership pr escribed by Service Oklahoma, if the
10461081 certificate of title to the vehicle is lost, has been canceled, or
1047-otherwise not available. The prescribed ownership form shall
1048-include the names and addresses of the buyer a nd seller, the driver
1049-license number or Soci al Security number of the seller, the make and
1050-model of the vehicle, and the public vehicle identification number.
1051-If there is no public vehicle identification number, the vehicle
1052-shall be inspected by a law enf orcement officer to verify the
1053-absence of the number on the vehicle and the prescribed ownership
10541082
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1109+otherwise not available. The prescribed ownership form shall
1110+include the names and addresses of the buyer and seller, the driver
1111+license number or Soci al Security number of the seller, the make and
1112+model of the vehicle, and the public vehicle identification number.
1113+If there is no public vehicle identification number, the vehicle
1114+shall be inspected by a law enforcement officer to v erify the
1115+absence of the number on the vehicle and the prescribed ownership
10801116 form shall include a signed statement, by such officer, verifying
10811117 the absence of the number.
10821118 The certificate of ownersh ip shall be completed in triplicate.
10831119 The buyer and seller sh all each retain a copy. Within thirty (30)
10841120 days of the transaction, the seller shall s ubmit one copy to Service
10851121 Oklahoma or a licensed operator accompa nied with a fee of Four
10861122 Dollars ($4.00). One Dollar ($1.00) shall be retained by the
10871123 licensed operator and Three Dollars ($3.0 0) shall be deposited in
10881124 the Oklahoma Tax Commission Reimburseme nt Fund in the State Treasury
10891125 through December 31, 2022, and begi nning January 1, 2023, this fee
10901126 shall be deposited in the Service Oklahoma Reimbursement Fund.
10911127 Upon receipt of the certificate, Service Oklahoma shall verify
10921128 that any perfected lien upon the vehicle has been released. If the
10931129 lien is not released, Service Oklahoma shall mail notice of the
10941130 transfer to the lienholder at the lienholder’s last-known address.
10951131 If a certificate of title has been issued, it shall be canceled and
10961132 the vehicle identific ation number shall be preserved in the computer
1097-of Service Oklahoma for at least five (5) years. The buyer of the
1098-vehicle may not be sued and shall not be liable for monetary damages
1099-to the lienholder, however, the vehicle shall be subject to a valid
1100-repossession by a lienholder.
1101-S. Service Oklahoma shall notify the c hief administrative
1102-officer of the agency o r department responsible for issuing mot or
1103-vehicle certificates of title in each sta te in the United States of
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1160+of Service Oklahoma for at least five (5) years. The buyer of the
1161+vehicle may not be sued and shall not be liable for mo netary damages
1162+to the lienholder, however, the vehicle shall be subject to a valid
1163+repossession by a lienholder.
1164+S. Service Oklahoma shall notify the c hief administrative
1165+officer of the agency o r department responsible for issuing motor
1166+vehicle certificates of title in each sta te in the United States of
11301167 the types of motor vehicle certificat e of title effective in
11311168 Oklahoma on and after January 1, 1989.
11321169 T. When registering for the first time in th is state a
11331170 remanufactured vehicle which has not been register ed in any other
11341171 state since its remanufacture, before issuing a certificate of
11351172 title, Service Oklahoma shall require the applicant to deliver a
11361173 statement of origin from the remanufacturer.
11371174 U. If a vehicle is sold to a foreign buyer pursuant to the
11381175 provisions of the Automotive D ismantlers and Parts Recycler Act, the
11391176 licensed seller shall sta mp the title with: “EXPORT ONLY.
11401177 NONTRANSFERABLE IN THE UNITED STATES.” The licensed seller shall
11411178 supply Service Oklahoma the title number, the vehicle identification
11421179 number and the foreign buyer’s bid identification number on a form
11431180 prescribed by Service Oklahoma. Service Oklahoma shall cancel the
11441181 title, and the vehicle identification number shall be preser ved in
11451182 the computer files of Service Oklahoma for a period of not less than
11461183 five (5) years.
1147-V. Service Oklahoma shall not be considered a necessary party
1148-to any lawsuit which is instigated for the purpose of dete rmining
1149-ownership of a vehicle, wherein Ser vice Oklahoma’s only involvement
1150-would be to issue title, and the court shall issue an order
1151-dismissing Service Oklahoma from the pending action. I n the event
1152-no other party or lienholder can be identified as to ownership or
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1211+V. Service Oklahoma shall not be considered a necessary party
1212+to any lawsuit which is instigated for the purpose of dete rmining
1213+ownership of a vehicle, wherein Ser vice Oklahoma’s only involvement
1214+would be to issue title, and the court shall issue an order
1215+dismissing Service Oklahoma from the pending action. I n the event
1216+no other party or lienholder can be identified as to ownership or
11791217 claim, Service Oklahoma shall accept an affidavit of ownership from
11801218 the party claiming owne rship and issue proper title thereon.
11811219 SECTION 2. This act shall become effective November 1, 2023.
1182-Passed the Senate the 23rd day of March, 2023.
1183-
1184-
1185-
1186- Presiding Officer of the Senate
1187-
1188-
1189-Passed the House of Representativ es the ____ day of __________,
1190-2023.
1191-
1192-
1193-
1194- Presiding Officer of the House
1195- of Representatives
1196-
1220+COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
1221+February 28, 2023 - DO PASS AS AMENDED