Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1741 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 1741 Page 1 1
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28		-	~~ENGROSSED~~ SENATE
29		-	~~BILL NO.~~ ~~1741 By: Paxton of the Senate~~
	29	+	SENATE FLOOR VERSION
	30	+	February 20, 2024
30	31
31		-	and
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33		-	~~Pfeiffer of the House~~
	33	+	SENATE BILL NO. 1741 By: Paxton
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38		-	[ motor vehicle storage rates - fees and charges -
39		-	towed vehicles - effective date ]
	38	+
	39	+	An Act relating to motor vehicle storage rates;
	40	+	amending 47 O.S. 2021, Section 951, which relates to
	41	+	definitions; updating statutory reference ; defining
	42	+	term; amending 47 O.S. 2021, Section 953.2, as
	43	+	amended by Section 1, Chapter 316, O.S. L. 2023 (47
	44	+	O.S. Supp. 2023, Section 953.2), which relate s to
	45	+	fees and charges for storage of towed vehicles;
	46	+	providing for consensual towed vehicles; increasing
	47	+	maximum storage rates ; and providing an effective
	48	+	date.
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44	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
45	54		SECTION 1. AMENDATORY 47 O.S. 2021, Section 951, is
46	55		amended to read as follows:
47	56		Section 951. As used in Sections 951 through 965 968 of this
48	57		title and Sections 1 through 3 of this act :
49	58		1. “Wrecker or wrecker vehicle ” “Wrecker” or “wrecker vehicle”
50	59		means any motor vehicle that is equipped with any device designed to
51	60		tow another vehicle or combination of vehicles. The use of the term
52	61		“wrecker” wrecker or “wrecker vehicle” wrecker vehicle shall be
53	62		construed to include a combination wrecker or combination wrecker
54	63		vehicle, as defined in paragraph 2 of this section, unless a
55	64		specific differentiation is otherwise described;
56		-	2. “Combination wrecker” or “combination wrecker vehicle ” means
57		-	any wrecker vehicle which is designed and equipped with two separate
58		-	and distinct devices to tow simultaneously two or more other
59		-	vehicles or combinations of vehicles, whether or not both devices
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	92	+	2. “Combination wrecker” or “combination wrecker vehicle” means
	93	+	any wrecker vehicle which is designed and equipped with tw o separate
	94	+	and distinct devices to tow simultaneously two or more other
	95	+	vehicles or combinations of vehicles, whether or not both devices
86	96		are in use simultaneously. One of the devices sha ll allow another
87	97		vehicle to be loaded onto and transported upon the wrecker vehicle,
88	98		and one of the devices shall allow another vehicle to be attached to
89	99		and pulled by the wrecker vehicle;
90	100		3. “Tow” or “towing” means the use of a wrec ker vehicle to
91	101		lift, pull, move, haul or otherwise transport any other vehicle by
92	102		means of:
93	103		a. attaching the vehicle to and pulling the vehicle with
94	104		the wrecker vehicle, or
95	105		b. loading the vehicle onto and transporting the vehicle
96	106		upon the wrecker vehicle;
97	107		4. “Rollback equipment” means a towing device or equipment upon
98	108		which the towed vehicle is loaded and transported, removing the
99	109		towed vehicle completely from the surface of the roadway. The term
100	110		“rollback equipment” rollback equipment shall include car haulers;
101	111		5. “Dolly” means a towing device or equipment which lifts and
102	112		suspends one axle of the towed vehicle above the surface of the
103	113		roadway;
104		-	6. “Wrecker or towing service ” means engaging in the business
105		-	of or performing the act of towing or offering to tow any vehicle,
106		-	except:
107		-	a. where the operator owns the towed vehicle and displays
108		-	on both sides of the wrecker vehicle in plainly
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	141	+	6. “Wrecker or towing service ” means engaging in the business
	142	+	of or performing the act of towing or offering to tow any vehicle,
	143	+	except:
	144	+	a. where the operator owns the towed vehicle and displays
	145	+	on both sides of the wrecker vehicle in plainly
135	146		visible letters not less than two (2) inches in height
136	147		the words “NOT FOR HIRE”,
137	148		b. where the service is performed by a transporter as
138	149		defined in Section 1-181 of this title,
139	150		c. where service is performed in conjunction with the
140	151		transportation of household goods and property,
141	152		d. where the wrecker vehicle is owned or operated by the
142	153		United States government, the State of Oklahom a, or
143	154		any department or political subdivision thereof, or
144	155		e. where the service is performed by an out -of-state
145	156		wrecker service at the request of the vehicle owner or
146	157		operator, the vehicle is not involved in a co llision,
147	158		and is being towed:
148	159		(1) in either direction across the border between
149	160		Oklahoma and a neighboring state, or
150	161		(2) through Oklahoma in transit to ano ther state;
151	162		provided, the out-of-state wrecker service shall
152	163		comply with all other requirements regarding
153	164		interstate commerce as set forth in law;
154		-	7. “Commissioner” means the Commissioner of Public Safety;
155		-	8. “Commission” means the Corporation Co mmission;
156		-	9. “Department” means the Department of Public Safety;
157		-	10. “Consensual tow” means the transportation of a vehicle
158		-	performed at the request of a vehicle ’s owner, possessor, agent,
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	192	+	7. “Commissioner” means the Commissioner of Public Safety;
	193	+	8. “Commission” means the Corporation Commission;
	194	+	9. “Department” means the Department of Public Safety;
	195	+	10. “Consensual tow” means the transportation of a vehicle
	196	+	performed at the request of a vehicle’s owner, possessor, agent,
185	197		insurer, lienholder, or any other person in legal possession of or
186	198		in charge of the vehicle ;
187	199		11. “Nonconsensual tow” means the transportation of a vehicle
188	200		without the consent or kn owledge of the vehicle ’s owner, possessor,
189	201		agent, insurer, lienholder, or any other person in possession of or
190	202		in charge of any vehicle and includes the transportation or towing
191	203		of the vehicle under lawful circumstances or necessity for the
192	204		public interest including removing from the roadway fo r public
193	205		safety or public convenience, or accidents, by any law enforcement
194	206		officer or property agent or removal from public or privat e property
195	207		as a result of abandonment or unauthorized parking by the property
196	208		owner, agent, possessor, or other legal entity for the property
197	209		owner;
198	210		11. 12. “Operator” means any person owning or operating a
199	211		wrecker vehicle or wrecker or towing service;
200	212		12. 13. “Officer” means any duly authorized law enforcement
201	213		officer;
202	214		13. 14. “Roadway” means any public street, road, high way, or
203	215		turnpike or the median, easement , or shoulder of a roadway;
204		-	14. 15. “Service call” means the act of responding to a request
205		-	for service with a wrecker vehicle in which a service is performed;
206		-	and
207		-	15. 16. “Vehicle” shall:
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	243	+	14. 15. “Service call” means the act of responding to a request
	244	+	for service with a wrecker vehicle in which a service is performed;
	245	+	and
	246	+	15. 16. “Vehicle” shall:
234	247		a. have the same meaning as defined in Section 1-186 of
235	248		this title, and
236	249		b. for the purposes of this chapter when referring to a
237	250		vehicle or combination of vehicles being towed or
238	251		stored, include a vessel. The term “vessel” shall
239	252		have the same meaning as defined in Section 4002 of
240	253		Title 63 of the Oklahoma Statutes.
241	254		SECTION 2. AMENDATORY 47 O.S. 2021, Section 953.2, as
242	255		amended by Section 1, Chapter 316, O.S.L. 2023 (47 O.S. Supp. 2023,
243	256		Section 953.2), is amended to read as follows:
244	257		Section 953.2. A. The rates established by ord er of the
245	258		Corporation Commission shall deter mine the maximum fees and charges
246	259		for the storage and after-hours release of noncons ensual or
247	260		consensual towed vehicles, including incorporated and unincorporated
248	261		areas, by a wrecker or towing service licensed by the Departmen t of
249	262		Public Safety and repair facilities as defined in Section 953 of
250	263		Title 15 of the Oklahoma Statutes. No wrecker or towing service or
251	264		repair facilities shall charge any fee for nonconsensual or
252	265		consensual towed vehicles and storage which exceeds the maximum
253	266		rates established by the Commission. Such rates shall be in
254		-	addition to any other rates, fees or charges authorized, allowed or
255		-	required by law, including environmental remediation fees and
256		-	services.
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	294	+	addition to any other rates, fe es or charges authorized, allowed or
	295	+	required by law, including environmental remediation fees and
	296	+	services.
283	297		B. 1. Storage or after-hours release of a towed vehicle, or
284	298		both, provided by a wrecker or towing servic e or by a repair
285	299		facility shall be recorded by the operator on a bill or i nvoice as
286	300		prescribed by rules of the Department.
287	301		2. Nothing herein shall lim it the right of an operator or
288	302		repair facility who has provided or caused to be provided stora ge or
289	303		after-hours release of a towed vehicle, or both, to require
290	304		prepayment, in part or in full, or guarantee of payment of any
291	305		charges incurred for providing such services.
292	306		3. This section shall not be const rued to require an operator
293	307		or repair facility to charge a fee for the storage or after -hours
294	308		release, or both, of any towed vehicl e.
295	309		4. The operator or repair facility is authorized to collect all
296	310		lawful fees in acceptable forms of payment such as through check,
297	311		credit card, automated clearing house transfer, o r debit card from
298	312		the owner, lienholder, or agent of the towed vehicle or insurer
299	313		accepting liability for paying the claim for a vehicle or pur chasing
300	314		the vehicle as a total loss vehicle from the reg istered owner for
301	315		the performance of any an d all such services. An operator or repair
302	316		facility shall make the towed vehicle availa ble for inspection by
303	317		the owner, lien holder, agent of the towed vehicle , or insurer
304		-	accepting liability for p aying the claim for a vehicle and shall
305		-	release the vehicle from storage upon a uthorization from the owner,
306		-	agent, or lienholder of the vehicle or in the case of a total loss,
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	345	+	accepting liability for p aying the claim for a vehicle and shall
	346	+	release the vehicle from storage upon authorization from the owner,
	347	+	agent, or lienholder of the vehicle or in the cas e of a total loss,
333	348		the insurer accepting liability for paying the claim for t he vehicle
334	349		or purchasing the vehicle w here the vehicle is to be moved to an
335	350		insurance pool yard for sale.
336	351		C. The rates in subsections D through F of this section shall
337	352		be applicable until superseded by rates established by the
338	353		Commission.
339	354		D. Outdoor Storage Rates.
340	355		1. Rates in this subsection shall apply to the outdoor storage
341	356		of a towed vehicle. Rates may be applied from the time the t owed
342	357		vehicle is brought onto the outdoor storage facility premises.
343	358		Rates shall apply to each calendar day of outdoor s torage; provided,
344	359		the maximum twenty-four-hour fee, as provided for in this section,
345	360		may be charged for any towed vehicle which is store d for a portion
346	361		of a twenty-four-hour period.
347	362		2. Maximum outdoor storage rates shall be as follows:
348	363		Rate per Each
349	364		24-hour Period or
350	365		Type of Towed Vehicle Portion Thereof
351	366		Single vehicle: motorcycle, automobile,
352	367		or light truck up to 20 feet in length $15.00 $24.00
353		-	Single vehicle or combination of vehicles
354		-	over 20 feet in length but less than 30
355		-	feet in length $20.00 $32.00
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382	395		Single vehicle or combination of vehicles
	396	+	over 20 feet in length but less than 30
	397	+	feet in length $20.00 $32.00
	398	+	Single vehicle or combination of vehicles
383	399		over 30 feet in length and up to 8 feet
384	400		in width $25.00 $39.00
385	401		Single vehicle or combination of vehicles
386	402		over 30 feet in length and over 8 fee t
387	403		in width $35.00 $55.00
388	404		E. Indoor Storage Rates.
389	405		1. Rates in this subsection shall ap ply to the indoor storage
390	406		of a towed vehicle. Rates may be a pplied from the time the towed
391	407		vehicle is brought into the indoor storage facili ty premises. Rates
392	408		shall apply to each calendar day of indoor storage; provided, the
393	409		maximum twenty-four-hour fee, as provided for in this section, may
394	410		be charged for any towe d vehicle which is stored for a portion o f a
395	411		twenty-four-hour period.
396	412		2. Maximum indoor storage rates shall be as follows:
397	413		Rate per Each
398	414		24-hour Period or
399	415		Type of Towed Vehicle Portion Thereof
400	416		Single vehicle: motorcycle, automobile,
401	417		or light truck up to 20 feet in length $25.00 $39.00
402		-	Single vehicle or combination of vehicles
403		-	over 20 feet in length but less than 30
404		-	feet in length $30.00 $47.00
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431	445		Single vehicle or combination of vehicles
	446	+	over 20 feet in length but less than 30
	447	+	feet in length $30.00 $47.00
	448	+	Single vehicle or combination of vehicles
432	449		over 30 feet in length and up to 8 feet
433	450		in width $35.00 $55.00
434	451		Single vehicle or combin ation of vehicles
435	452		over 30 feet in length and over 8 feet
436	453		in width $45.00 $70.00
437	454		3. For purposes of this subsection, “indoor storage” means the
438	455		vehicle is kept in an enclosed facility.
439	456		F. After-Hours Release Rate.
440	457		1. The rate in this subsection shall apply to the release of a
441	458		towed vehicle to the owner, lienholder, or agent when such rele ase
442	459		occurs at a time other than normal busine ss hours.
443	460		2. As used in this subsection:
444	461		a. “after-hours release rate” shall mean the rate charged
445	462		for the release of a towed vehi cle between the hours
446	463		of midnight and 8:00 a.m., or between the hours of
447	464		4:00 p.m. and midnight Monday through Friday, or any
448	465		time on Saturday, Sunday, or a national holiday, and
449	466		b. “national holiday” shall mean New Year’s Day, Martin
450	467		Luther King Day, Georg e Washington’s Birthday, on the
451	468		third Monday in February, Memorial Day, Independ ence
452		-	Day, Labor Day, Veterans Day, Thanksgiving Day , and
453		-	Christmas Day, and shall further include the Friday
454		-	before such national holiday which falls on a Saturday
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	496	+	Day, Labor Day, Veterans Day, Thanksgivi ng Day, and
	497	+	Christmas Day, and shall further include the Fr iday
	498	+	before such national holiday which falls on a Saturday
481	499		and the Monday following such national holiday which
482	500		falls on a Sunday.
483	501		3. The maximum after-hours release rate shall be Fifteen
484	502		Dollars ($15.00) per quarter hour for the release of any single
485	503		vehicle or combination o f vehicles.
486	504		G. An operator or repair facility shall be required to provide
487	505		reasonable documentation to substantiate all lawful fee s charged the
488	506		owner, lienholder, agent , or insurer accepting liability for paying
489	507		the claim for the towed vehicle or purchasin g the towed vehicle.
490	508		Fees for which the operator or repair facility is being reimbursed,
491	509		or having paid to a third party, sh all include copies of the invoice
492	510		or other appropriate documents to substantiate the payment to the
493	511		third party.
494	512		SECTION 3. This act shall become effective November 1, 2024.
495		-	Passed the Senate the 12th day of March, 2024.
496		-
497		-
498		-
499		-	Presiding Officer of the Senate
500		-
501		-
502		-	Passed the House of Representatives the ____ day of __________,
503		-	2024.
504		-
505		-
506		-
507		-	Presiding Officer of the House
508		-	of Representatives
509		-
	513	+	COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
	514	+	February 20, 2024 - DO PASS