Oklahoma 2024 Regular Session

Oklahoma House Bill HB1482 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1482 Page 1 1
	3	+	HB1482 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1482 By: Sneed of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30	30
31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Montgomery of the Senate
	33	+	1st Session of the 59th Legisla ture (2023)
	34	+
	35	+	HOUSE BILL 1482 By: Sneed
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	41	+	AS INTRODUCED
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40		-
41		-
42		-	[ motor vehicles - towing of vehicles from roadway -
43		-	towing of vehicles as one unit - retention of
44		-	vehicles until reimbursement - effective date ]
	43	+	An Act relating to motor vehicles; amending 47 O.S.
	44	+	2021, Section 955, as amended by Section 12, Chapter
	45	+	228, O.S.L. 2022 (47 O.S. Supp. 2 022, Section 955),
	46	+	which relates to the towing of vehicles from roadway;
	47	+	requiring towing of certain vehicles as one unit;
	48	+	requiring retention of certain vehicles until
	49	+	reimbursement is made; and providing an effec tive
	50	+	date.
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49	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50	56		SECTION 1. AMENDATORY 47 O.S. 2021, Section 955, as
51	57		amended by Section 12, Chapter 228, O.S.L. 2022 (47 O.S. Supp. 2022,
52	58		Section 955), is amended to read as follows:
53	59		Section 955. A. Any officer of the Department of Public Safety
54	60		or any other political subdivision of this state is hereby
55	61		authorized to cause to be towed any vehicle found upon publi c roads,
56	62		highways, streets, turnpikes, private parking lots accessible to the
57	63		public, other public places or upon any private road, street, alley
58	64		or lane which provides access to one or mo re single-family or
59	65		multifamily dwellings when:
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61		-	ENGR. H. B. NO. 1482 Page 2 1
	67	+	HB1482 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
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86	93		1. A report has been made that the vehicle has been stolen or
87	94		taken without the consent of its owner;
88	95		2. The officer has reason to believe the vehicle has been
89	96		abandoned as defined in Sections 901 and 902 o f this title;
90	97		3. The person driving or in control of the vehicle is arrested
91	98		for an alleged offense for which the officer is required by law to
92	99		take the person arre sted or summoned before a proper magistrate
93	100		without unnecessary delay;
94	101		4. At the scene of an accident, if the owner or driver is not
95	102		in a position to take cha rge of the vehicle and direct or request
96	103		its proper removal;
97	104		5. The officer has probable cause t hat the person operating the
98	105		vehicle has not been granted driving privileges or that the dr iving
99	106		privileges of the pe rson are currently suspended, revoked, can celed,
100	107		denied, or disqualified;
101	108		6. The officer has probable cause that the vehicle has been
102	109		used in the commission of a felony offense and the officer has
103	110		obtained a search warrant author izing the search and seizu re of the
104	111		vehicle;
105	112		7. The officer has probable cause that the vehicle is not
106	113		insured as required by the Compulsory Insurance Law of this s tate;
107	114		or
108	115		8. The vehicle is involved in a fatal motor vehicle collision
109	116		and is needed for evidentiary purposes; or
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111		-	ENGR. H. B. NO. 1482 Page 3 1
	118	+	HB1482 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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136	144		9. A vehicle is left unattended upon any street, sidewalk,
137	145		alley or thoroughfare and constitutes a hazard or obstruction to the
138	146		normal movement of public transit along a rail fixed guideway. An
139	147		unattended vehicle shall be deemed t o constitute an obstruct ion if
140	148		any portion of the vehicle remains in that lane utilized for the
141	149		rail fixed guideway as designated by traffic lane markings or if any
142	150		portion of the vehicle is outside of the designated parking location
143	151		and protrudes into the lane of traffic utilize d for the rail fixed
144	152		guideway. For purposes of this paragraph, the head of a political
145	153		subdivision's transportation division may authorize e mployees to
146	154		cause to be towed any vehicle which constitutes a hazard or
147	155		obstruction to the normal movement of publi c transit along a rail
148	156		fixed guideway; or
149	157		10. Any truck tractor and semitrailer combination requires
150	158		towing services for either the truck tractor or semitrailer, the
151	159		combination of the truck tractor and semitrailer combination shall
152	160		be considered one unit and the licensed wrecker operator responding
153	161		shall tow and retain both the truck tractor and the semitr ailer
154	162		until reimbursement has been made for services rendered .
155	163		No vehicle shall be released aft er impoundment unless the owner
156	164		provides to the storing facility proof of valid insurance or an
157	165		affidavit of nonuse on the roadway, or in the event of a r elease
158	166		request from an insurer or the representative of the insurer wh o has
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160		-	ENGR. H. B. NO. 1482 Page 4 1
	168	+	HB1482 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
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185	194		accepted liability for the vehicle, no such proof of insurance or
186	195		affidavit of nonuse on the roa dway shall be required.
187	196		B. A licensed wrecker operator is not liable for damage to a
188	197		vehicle, vessel, or cargo that obstructs the normal movement of
189	198		traffic or creates a hazard to traff ic and is removed in compliance
190	199		with the request of a law enforcement officer, unless there is
191	200		failure to exercise reasonable care in the performance of the act or
192	201		for conduct that is wil lful or malicious.
193	202		C. Each officer of the Department shall use the s ervices of the
194	203		licensed wrecker operator whose location is nearest to the vehicle
195	204		to be towed in all instances in subsection A of this section . The
196	205		requests for services may be alternate d or rotated among all
197	206		licensed wrecker operators who are located wit hin a reasonable
198	207		radius of each other. In like manner, the officer sh all advise any
199	208		person requesting information as to the availability of a wrecker o r
200	209		towing service, the name of the n earest licensed wrecker operator,
201	210		giving equal consideration to all l icensed wrecker operators located
202	211		within a reasonable radius of each o ther. In cities of less than
203	212		fifty thousand (50,000) population, all licensed wre cker operators
204	213		located near or in t he city limits of such cities shall be
205	214		considered as being equal dist ance and shall be called on an equal
206	215		basis as nearly as possible . In counties bordering other states, if
207	216		the officer deems safety and time consideratio ns warrant, the
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209		-	ENGR. H. B. NO. 1482 Page 5 1
	218	+	HB1482 HFLR Page 5
	219	+	BOLD FACE denotes Committee Amendments. 1
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234	244		officer may call a wrecker or towing service that is not on the
235	245		rotation log.
236	246		D. Any officer of the Department who has been requested by a
237	247		person in need of wrecker or towing service to call a specific
238	248		wrecker or towing service for such p erson, and who calls a different
239	249		wrecker or towing service other than the one requested, without the
240	250		consent of the person, except where hazardous conditions exist,
241	251		shall be subject to progressive discipline issued by the Department
242	252		except in instances whe re a vehicle is removed from the roa dway
243	253		under the authority of paragraph s 3, 4 and 6 of subsection A of this
244	254		section.
245	255		E. Operators conducting a tow under this section shall release
246	256		all personal property within the vehicle to an insurer or
247	257		representative of the insurer who has accepted liab ility for the
248	258		vehicle, or to the registered owner or the owner's personal
249	259		representative as designated by the registered owner on a form
250	260		approved by the Department. The registered owner or representative
251	261		of the registered owner shall provide proof of iden tity in
252	262		accordance with the Departmen t's rules related to establishin g
253	263		identity. Upon the release of personal property to an insurer or
254	264		representative of the insurer, wrecker operators shall be exempt
255	265		from all liability and shall be held harmless for any losses or
256	266		claims of loss. Personal property shall include everything in a
257	267		vehicle except the vehicle, the attached or installed equipment,
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259		-	ENGR. H. B. NO. 1482 Page 6 1
	269	+	HB1482 HFLR Page 6
	270	+	BOLD FACE denotes Committee Amendments. 1
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284	295		vehicle keys or devices to start and unlock the vehicle, and the
285	296		spare tire and tools to change the tire. Interlock devices may be
286	297		removed pursuant to S ection 11-902a of this title. If release of
287	298		personal property occurs during normal business hours as prescribed
288	299		by the Corporation Commission, it shall be at no cost to the
289	300		registered owner or the owner prior to the re possession. After-hour
290	301		fees may be assessed as prescribed by this Ch apter or by the
291	302		Corporation Commission, when the release of property i s made after
292	303		the prescribed normal business hours.
293	304		F. The operator of a wrecke r or towing service may request a
294	305		person offering proof of ownership of personal property and any
295	306		interlock device to execute a form provided by the operator
296	307		exempting the operator from liability for such release.
297	308		SECTION 2. This act shall become effe ctive November 1, 2023.
298		-	Passed the House of Representatives the 20th day of March, 2023.
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300		-
301		-
302		-
303		-	Presiding Officer of the House
304		-	of Representatives
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308		-	Passed the Senate the ___ day of __________, 2023.
309		-
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313		-	Presiding Officer of the Senate
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	310	+	COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 02/23/2023 - DO
	311	+	PASS.