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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 2974 By: West (Rick)
AS INTRODUCED
An Act relating to motor vehicles; prohibiting new
and used motor vehicle dealers from charg ing certain
fee; allowing certain service and handling fee;
allowing for certain cost recovery; allowing for
certain profit; requiring the Oklahoma New Mo tor
Vehicle Commission and the Oklahoma Used Motor
Vehicle and Parts Commission promulgate certain
rules; requiring certain fee be charged to all
customers; requiring certain discl osure; stating
requirements for certain paperwork; requiring certain
notice; authorizing the promulgation of rules;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 580.3 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. A new motor vehicle dealer may fill in the blanks on
standardized forms in connection with the sale or lease of a new or
a used motor vehicle if the motor vehicle dealer does not charge for
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the service of filling in the blanks or otherwise charge for
preparing documents.
B. 1. A motor vehicle deale r may charge a service and handling
fee in connection with the sale or lease of a new or a used motor
vehicle for:
a. the handling, processing, and storage of documents ,
and
b. other administrative and clerical services.
2. The service and handling fee may be charged to allow c ost
recovery for motor vehi cle dealers. A portion of the service and
handling fee may result in profit to the motor vehicle dealer.
C. 1. The Oklahoma New Motor Vehicle Commission shall
determine by rule the amount of the service and handling fee that
may be charged by a new motor vehicle dealer. The service and
handling fee shall be no more than One Hundred Twenty-Nine Dollars
($129.00).
2. If a service and handling fee is charged under t his section,
the service and handling fee shall be charged to all retail
customers and shall be disclosed on the retail buyer 's order form as
a separate itemized charge.
D. A preliminary worksheet on which a sale price is com puted
and that is shown to the purchaser, a ret ail buyer's order form from
the purchaser, or a retail installment contrac t shall include in
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reasonable proximity to the place on the document where the service
and handling fee authorized by this section is disclosed:
1. The amount of the service and han dling fee; and
2. A notice in type that is bold-faced, capitalized,
underlined, or otherwise conspicuously set out from the surrounding
written material. The notice shall read:
"A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE
AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE
CUSTOMER FOR PERFORMIN G SERVICES AND HANDLING DOCUMENTS RELATING TO
THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY
RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES
NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS
NOTICE IS REQUIRED BY LAW."
E. The Oklahoma New Motor Vehicle Commission is authorized to
promulgate rules to ef fectuate the provisions of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 589 of Title 47, unless there is
created a duplication in numbering, reads as follows:
A. A used motor vehicle dealer may fill in the blanks on
standardized forms in connection wi th the sale or lease of a used
motor vehicle if the motor vehicle dealer d oes not charge for the
service of filling in the blanks or otherwise charge for preparing
documents.
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B. 1. A used motor vehicle dealer may charge a service and
handling fee in connection with the sale or lease of used motor
vehicle for:
a. the handling, processing, and storage of documents,
and
b. other administrative and clerical services.
2. The service and handling fee may be charged to allow cost
recovery for motor vehicle deal ers. A portion of the service and
handling fee may result in profit to the motor vehicle deal er.
C. 1. The Oklahoma Used Motor Vehicle and Parts Commission
shall determine by rule the amount of the service and handling fee
that may be charged by a used motor vehicle dealer. The service and
handling fee shall be no more than One Hundred Twenty-Nine Dollars
($129.00).
2. If a service and handling fee is charged under t his section,
the service and handling fee shall be charged to all retail
customers and shall be disclosed on the retail buyer 's order form as
a separate itemized charge.
D. A preliminary worksheet on which a sale price is com puted
and that is shown to the purchaser, a retail buyer 's order form from
the purchaser, or a retail installment con tract shall include in
reasonable proximity to the place on the document w here the service
and handling fee authorized by this section is disclosed:
1. The amount of the service and handling fee; and
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2. A notice in type that is bold-faced, capitalized,
underlined, or otherwise conspicuously set out f rom the surrounding
written material. The notice shall read:
"A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE
AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO TH E
CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO
THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDL ING FEE MAY
RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES
NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS
NOTICE IS REQUIRED BY LAW."
E. The Oklahoma Used Motor Vehicle and Parts Commission is
authorized to promulgate rules to effectuate the provisions of this
section.
SECTION 3. This act shall become effective November 1, 2024.
59-2-8548 JBH 12/18/23