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SENATE FLOOR VERSION
February 7, 2023
SENATE BILL NO. 753 By: Montgomery
An Act relating to certificates of title; amending 47
O.S. 2021, Section 1107, as last amended by Section
20, Chapter 107, O.S.L. 202 2 (47 O.S. Supp. 2022,
Section 1107), which relates to the holder of
certificates in the event of sale or trans fer of
ownership; providing for certain documents to be
transferred electronically; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1107, as
last amended by Section 20, Chapter 107, O.S.L. 2022 (47 O.S . Supp.
2022, Section 1107), is amended to read as follows:
Section 1107. A. In the event of the sale or transf er of the
ownership of a vehicle for which a certificate of title has been
issued as provided by Section 1105 of this title, the holder of such
certificate shall endorse on the back of same a complete assi gnment
thereof with warranty of title in form print ed thereon with a
statement of all liens or encumbrances on the vehicle, 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 purchase r or transferee of
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the vehicle; provided, a transfer of the ownership of a vehicle to
an insurer resulting from the settlement of a tota l loss claim shall
not require a notarized signature on the certifica te of title. In
the event that any other documents used for a transfer of the
ownership of a vehicle to an insurer resulting from the settlement
of a total loss claim require a notarized signat ure, the documents
shall be permitted to be signed electronically pursuant to S ection
15-109 of Title 12A of the Oklahoma Statutes. These supporting
documents shall include but are not limited to vehicle powers of
attorney forms and an odometer statement. 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, wi thin thirty (30) days from the time
of delivery to the purchaser or transferee of the vehicle, present
the assigned certifica te of title and the insurance security
verification to the veh icle to the Oklahoma Tax Commission, o r one
of its motor license agen ts, accompanied by a fee of Eleven Dolla rs
($11.00), together with any motor vehicle excise tax or license fee
that may be due, whereupon a new certificate of titl e, shall be
issued to the assignee. One Dollar ($1.00) of eac h fee shall be
deposited in the Oklahoma Tax Commission Reimbursement F und. Any
charitable organization utilizing the exemption authorized by this
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subsection shall receive training as prescribe d by the Oklahoma Used
Motor Vehicle, Dismantler, and Manufactured Housing Commission.
B. A licensed dealer, a retail implement deal er 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 certifica te of
title properly and completely reassigned . Thereupon, the purchaser
of the vehicle shall present the reassigned certificate to th e
Commission, or a motor license agent, 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 c ertificate of title will be is sued
to the purchaser. One Dollar ($1.00) of each fee shall be deposited
in the Oklahoma Tax Commission Reimburseme nt Fund. The certificate,
when so assigned and returned to the Commission, together with any
subsequent assignment or reissue thereof, shal l be appropriately
filed and indexed so that at all tim es it will be possible to trace
title to the vehicle designat ed therein. Provided, when the
ownership of any motor vehic le shall pass by operation of law, the
person owning the vehicle may, upon furni shing satisfactory proof to
the Commission of ownership , procure a title to the motor vehicle,
regardless of whether a certificate of title has e ver been issued.
The dealer shall execute and deliver to the purchaser bills of sale
on forms prescribed by th e Commission for all new vehicles sold by
the dealer. On presentation of a bill of sale executed on forms
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prescribed by the Commission, by a man ufacturer or dealer for a new
vehicle sold in this state, accompanied by remittan ce in the sum of
Eleven Dollars ($11.00), together with any motor vehicle 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 each fee shall
be deposited in the Oklahoma Tax Commission Reimbursement F und. For
purposes of this subsection, “charitable organizati on” shall mean
any organization which is exempt from taxatio n pursuant to the
provisions of the Internal Reven ue Code, 26 U.S.C., Section
501(c)(3) and which is registered as a charitable organiz ation with
the Oklahoma Secretary of State and the Oklahoma A ttorney General’s
office; “off-road vehicles” means all-terrain vehicles, utility
vehicles, and motorcycles us ed exclusively for off-road use; “retail
implement dealer” means a business engaged p rimarily in the sale of
farm tractors as defined in Section 1 -118 of this title or
implements of husbandry as defined 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 not to exceed Fi ve Hundred Dollars ($500.00),
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 impoundment of the
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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 proo f of
security or an affidavit that the vehicle will not be us ed on public
highways or public streets, as required pursuan t 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, 2023.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
February 7, 2023 - DO PASS