Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB753 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 753 By: Montgomery of the Senate
7	37
8	38		and
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10	40		Pae of the House
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15	45		An Act relating to certificates of title; amending 47
16	46		O.S. 2021, Section 1107, as last amended by Section
17	47		20, Chapter 107, O.S.L. 202 2 (47 O.S. Supp. 2022,
18	48		Section 1107), which relates to the holder of
19	49		certificates in the event of sale or trans fer of
20	50		ownership; providing for certain documents to be
21	51		transferred electronically; and providing an
22	52		effective date.
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27		-	SUBJECT: Certificates of title
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29	57		BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
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31	58		SECTION 1. AMENDATORY 47 O.S. 2021, Section 1107, as
32	59		last amended by Section 20, Chapter 107, O.S.L. 2022 (47 O.S . Supp.
33	60		2022, Section 1107), is amended to read as follows:
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35	61		Section 1107. A. In the event of the sal e or transfer of the
36	62		ownership of a vehicle for which a certificate of title has been
37	63		issued as provided by Section 1105 of this title, the holder of such
38	64		certificate shall endorse on the back of same a complete assi gnment
39	65		thereof with warranty of title in form printed thereon with a
40	66		statement of all liens or encumbrances on the vehicle, sworn to
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	68	+	SB753 HFLR Page 2
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41	94		before a notary public or some other person authorized by law to
42	95		take acknowledgments, and deliver same to the purchaser or
43	96		transferee at the time of delivery to t he purchaser or transferee of
44	97		the vehicle; provided, a transfer of the ownership of a vehicle to
45	98		an insurer resulting from the settlement of a tota l loss claim shall
46	99		not require a notarized signature on the certifica te of title. In
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48		-	ENR. S. B. NO. 753 Page 2
49	100		the event that any othe r documents used for a transfer of the
50	101		ownership of a vehicle to an insurer resulting from the settlement
51	102		of a total loss claim require a notarized signat ure, the documents
52	103		shall be permitted to be signed electronically pursuant to S ection
53	104		15-109 of Title 12A of the Oklahoma Statutes. These supporting
54	105		documents shall include but are not limited to vehicle powers of
55	106		attorney forms and an odometer statement. The purchaser or
56	107		transferee, unless such person is a bona fide used motor vehicle
57	108		dealer licensed by this state, a retail implement dealer in
58	109		connection with the purchase or transfer of off-road vehicles or a
59	110		charitable organization shall, wi thin thirty (30) days from the time
60	111		of delivery to the purchaser or transferee of the vehicle, present
61	112		the assigned certificate of title and the insurance security
62	113		verification to the veh icle to the Oklahoma Tax Commission, o r one
63	114		of its motor license agen ts, accompanied by a fee of Eleven Dollars
64	115		($11.00), together with any motor vehicle excise tax or license fee
65	116		that may be due, whereupon a new certificate of titl e, shall be
66	117		issued to the assignee. One Dollar ($1.00) of eac h fee shall be
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67	145		deposited in the Oklahoma Tax Commission Reimbursement Fund. Any
68	146		charitable organization utilizing the exemption authorized by this
69	147		subsection shall receive training as prescribe d by the Oklahoma Used
70	148		Motor Vehicle, Dismantler, and Manufactured Housing Commission.
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72	149		B. A licensed dealer, a retail implement dealer in connection
73	150		with the sale or disposal of off-road vehicles or a charitable
74	151		organization shall, on selling or otherwise disposing of a vehicle ,
75	152		execute and deliver to the purchaser thereof the certifica te of
76	153		title properly and completely reassigned. Thereupon, the purchaser
77	154		of the vehicle shall present the reassigned certificate to the
78	155		Commission, or a motor lic ense agent, accompanied by a fee of Eleven
79	156		Dollars ($11.00), and any motor vehicle excise tax or license fee
80	157		that may be due, whereupon a new certificate of title will be is sued
81	158		to the purchaser. One Dollar ($1.00) of each fee shall be deposited
82	159		in the Oklahoma Tax Commission Reimburseme nt Fund. The certificate,
83	160		when so assigned and returned to the Commission, together with any
84	161		subsequent assignment or reissue thereof, shal l be appropriately
85	162		filed and indexed so that at all times it will be possible to tr ace
86	163		title to the vehicle designat ed therein. Provided, when the
87	164		ownership of any motor vehic le shall pass by operation of law, the
88	165		person owning the vehicle may, upon furni shing satisfactory proof to
89	166		the Commission of ownership, procure a title to the mot or vehicle,
90	167		regardless of whether a certificate of title has e ver been issued.
	168	+	The dealer shall execute and deliver to the purchaser bills of sale
91	169
92		-	ENR. S. B. NO. 753 Page 3
93		-	The dealer shall execute and deliver to the purchaser bills of sale
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94	196		on forms prescribed by th e Commission for all new vehicles sold by
95	197		the dealer. On presentation of a bill of sale executed on forms
96	198		prescribed by the Commission, by a man ufacturer or dealer for a new
97	199		vehicle sold in this state, accompanied by remittance in the sum of
98	200		Eleven Dollars ($11.00), together with any motor vehicle excise tax
99	201		or license fee that may be d ue, a certificate of title shall be
100	202		issued in accordance with the provisions of the Oklahoma Vehicle
101	203		License and Registration Act. One Dollar ($1.00) of each fee shall
102	204		be deposited in the Oklahoma Tax Commission Reimbursement Fund. For
103	205		purposes of this subsection, “charitable organizati on” shall mean
104	206		any organization which is exempt from taxatio n pursuant to the
105	207		provisions of the Internal Revenue Code, 26 U.S.C., Section
106	208		501(c)(3) and which is registered as a charitable organization with
107	209		the Oklahoma Secretary of State and the Oklahoma A ttorney General’s
108	210		office; “off-road vehicles” means all-terrain vehicles, utility
109	211		vehicles, and motorcycles used exclusively for off-road use; “retail
110	212		implement dealer” means a business engaged primarily in the sale of
111	213		farm tractors as defined in Section 1 -118 of this title or
112	214		implements of husbandry as defined in Section 1-125 of this title or
113	215		a combination thereof.
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115	216		C. Any person violating the provisions of this section shall be
116	217		guilty of a misdemeanor and upon the first c onviction thereof shall
117	218		be punished by a fine not to exceed Fi ve Hundred Dollars ($500.00),
118	219		with impoundment of the vehicle until all taxes and fees are paid.
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119	247		A second or subsequent conviction shall be punished by a fine not to
120	248		exceed One Thousand Dollars ($1,000.00), with impoundment of the
121	249		vehicle until all taxes and fees are paid. If a vehicle is
122	250		impounded pursuant to the provisions of this section, the vehicle
123	251		shall not be released to the owner until the owner provides proof of
124	252		security or an affidavi t that the vehicle will not be us ed on public
125	253		highways or public streets, as required pursuan t to Section 7-600 et
126	254		seq. of this title. Each vehicle involved in a violation of this
127	255		section shall be considered a separate offense.
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129	256		SECTION 2. This act shall become effective November 1, 2023.
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132		-	ENR. S. B. NO. 753 Page 4
133		-	Passed the Senate the 21st day of February, 2023.
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137		-	Presiding Officer of the Senate
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140		-	Passed the House of Representatives the 25th day of April, 2023.
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144		-	Presiding Officer of the House
145		-	of Representatives
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147		-	OFFICE OF THE GOVERNOR
148		-	Received by the Office of the Governor this _______ _____________
149		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
150		-	By: _____________________________ ____
151		-	Approved by the Governor of the State of Oklahoma this _____ ____
152		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
153		-
154		-	_________________________________
155		-	Governor of the State of Oklahoma
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157		-
158		-	OFFICE OF THE SECRETARY OF STATE
159		-	Received by the Office of the Secretary of State this _______ ___
160		-	day of __________________, 20 _______, at _______ o'clock _______ M.
161		-	By: _______________________________ __
	258	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/04/2023 -
	259	+	DO PASS.