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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 729 By: Rosino of the Senate
and
Echols of the House
An Act relating to motor vehicle delivery; am ending
47 O.S. 2021, Section 584, as last amended by Section
4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 584), which relates to the basis for denial,
revocation, or suspension of license; providing
certain exemption; and providing an effective date.
AUTHORS: Remove Representative Echols as principal House author and
substitute with Representative McBride
Add the following House Coauthor s: Lepak, Lowe (Dick),
Caldwell (Trey), Cantrell, Hill, Fetgatter, Echols, West
(Tammy), Provenzano, Schreiber, and Maynard
AUTHOR: Remove Senator Rosino as principal Senate author and
substitute with Senator Weaver
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to the Oklahoma-Israel Exchange
Commission; providing for legislative intent;
providing for membership; prescribing terms;
prescribing qualifications for certain members;
providing for filling of vacancies; providing for
removal of members; providing for frequency of
meetings; prescribing quorum requirement; providing
for creation of subcommittees; providing for
retention of records; providing for staff assistance;
imposing duties on Commis sion; requiring report;
requiring recommendation s; authorizing receipt of
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various revenues; providing for noncodification;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to b e
codified in the Oklahoma Statutes reads as follows:
A. It is the intent of the Legislature that the Oklahoma-Israel
Exchange Commission foster cooperation between the people of Israel
and the people of Oklahoma on projects of mutual benefit, including
agriculture, industry, trade and commerce, energy research, and
education and cultural differences .
B. The Oklahoma State Leg islature supports the reestablishment
of the Oklahoma-Israel Exchange Commission with the hope that this
economic initiative can a chieve the greatest possible benefit for
the interest of the people of Israel and Oklahoma.
SECTION 2. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 583 of Title 74, unless there is
created a duplication in numbering, reads as follows:
A. There is hereby reestablished the Oklahoma-Israel
Exchange Commission, which shall be located in Jerusalem. The
Commission shall consist of nine (9) members, to be appointed as
follows:
1. Two persons to be appointed by the Governor;
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2. Two persons to be appointed by the Speaker of the Oklahoma
House of Representatives;
3. Two persons to be appointed by the President Pro Tempore of
the Oklahoma State Senate;
4. A person to be appointed by the minority leader of the
Oklahoma House of Representatives;
5. A person to be appointed by the minority leader of the
Oklahoma State Senate; and
6. A person to be appointed by the Executive Director of the
Oklahoma Department of Commerce.
B. The two members selected by the Governor, the Speaker of the
Oklahoma House of Representatives, and President Pro Tempore of the
Oklahoma State Senate, respectively, shall each be a representative
of either:
1. An Oklahoma public institution of higher lear ning;
2. The Israeli-American community in Oklahoma who is interested
in furthering trade between Oklahoma and Israel;
3. An Oklahoma industry engaged in or seeking to engage in
trade with Israel; or
4. An Oklahoma business association, trade organizati on,
economic development organization or chamber of commerce currently
engaged in or interested in engaging in the furtherance of trade
with Israel.
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C. Legislative members shall serve for the two-year legislative
session in which they are appointed to the Commission and shall
remain members of the Legislature in order to retai n membership on
the Commission. Vacancies of legislative members during a term
shall be filled in the same manner as the o riginal appointment onl y
for the unexpired part of the term. The appointing authority for a
legislative member may remove the memb er and substitute another
appointee for the member at any time. Members may be reappointed.
D. Vacancies shall be filled in the same manner as the original
appointment only for the unexpired part of the term.
E. The appointing authority for the member m ay remove the
member and substitute another appointee for the member at any time.
F. The Commission shall hold meetings at least once each
quarter. Meetings shall be held at the call of the chair.
G. A majority of the members of the Commission shall constitute
a quorum for the transaction of the business of the Commission.
H. The chair may appoint from among the Commission members
subcommittees and subcommittee chairs.
I. The Commission shall keep records of all proceedings, which
shall be public and op en to inspection.
J. Staff assistance shall be provided by the Oklahoma House of
Representatives and the Oklahoma State Senate.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 583.1 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The purpose of the Oklahoma-Israel Exchange Commission shall
be to advance, promote, and encourage business and other mutually
beneficial activities between Oklahoma and Israel, including:
1. Bilateral trade and investment;
2. Joint action on policy issues of mutual interest;
3. Business and academic exchanges;
4. Mutual economic support;
5. Mutual investment in the respective infrastructure; and
6. Other opportunities for mutual benefit and economic growth
as identified by the Commission.
B. The Commission shall report its findings, activities,
results, and recommendations to the Governor, the Speaker of the
Oklahoma House of Representatives, and the President Pro Tempore of
the Oklahoma State Senate within one (1) year of its initial meeting
and by February 1 of each succeeding year for the activities of the
preceding calendar year. The report shall be in writing and may
include recommendations or proposed legislation as deemed
appropriate by the Commission to effectuate its purposes.
C. The Oklahoma-Israel Exchange Commission shall be auth orized
to raise funds, through direct solicitation or other fundraising
events, alone, or with other groups, and accept gifts, grants, and
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bequests from individuals, corporations, foundations, governmental
agencies, and public and private organizations and institutions, to
carry out its purposes.
SECTION 4. This act shall becom e effective November 1, 2024."
Passed the House of Representatives the 18th day of April, 2024.
Presiding Officer of t he House of
Representatives
Passed the Senate the ____ day of __________, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 729 By: Rosino of the Senate
and
Echols of the House
An Act relating to motor vehicle delivery; am ending
47 O.S. 2021, Section 584, as last amended by Section
4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 584), which relates to the basis for denial ,
revocation, or suspension of license; providing
certain exemption; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 5. AMENDATORY 47 O.S. 2021, Section 584, as last
amended by Section 4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 584), is amended to read as follows:
Section 584. A. The Oklahoma Used Motor Vehicle and Parts
Commission may deny an application for a license, impose a fine not
to exceed One Thousand Dollars ($1,000.00) per occurre nce and/or
revoke or suspend a license after it has been granted, when any
provision of Sections 581 through 588 of this title is violated or
for any of the following reason s:
1. On satisfactory proof of unfitness of the applicant or the
licensee, as the case may be, under the standards established by
Sections 581 through 588 of thi s title;
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2. For fraud practices or any material misstatement made by an
applicant in any appl ication for license under the provisions of
Sections 581 through 588 of this title;
3. For any willful failure to comply with any provision of
Section 581 et seq. of this title or with any rule promulgated by
the Commission under authority vested in it by Sections 581 through
588 of this title;
4. Change of condition after license is g ranted resulting in
failure to maintain the qualifications for license;
5. Continued or flagrant violation of any of the rules of the
Commission;
6. Being a used motor veh icle dealer, a used motor vehicle
salesperson, a wholesale used motor vehicle deale r, or a
manufactured home dealer, a restricted manufactured home park
dealer, a manufactured home installer, a manufactured home
salesperson or a manufactured home manufactu rer who:
a. resorts to or uses any false or misleading advertising
in connection with business as a used motor vehicle
dealer, wholesale used motor vehicle dealer or a
restricted manufactured home park dealer or
manufactured home dealer, installer or manuf acturer,
b. has committed any unlawful act which resulted in the
revocation of any similar license in another state,
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c. has been convicted of a felony crime that
substantially relates to the occupation of a used
motor vehicle dealer, a wholesale used motor vehicle
dealer, a manufactured home dealer, a restricted
manufactured home park de aler, a manufactured home
installer or a manufactured home manufacturer an d
poses a reasonable threa t to public safety,
d. has committed a fraudulent act in selling, purchas ing
or otherwise dealing in motor vehicles or manufactured
homes or has misrepresen ted the terms and conditions
of a sale, purchase or contract for sale or p urchase
of a motor vehicle or manufactured home or any
interest therein including an option to purc hase such
motor vehicles or manufactured homes,
e. has engaged in business under a past or present
license issued pursuant to Sections 581 through 588 of
this title, in such a manner as to cause injury to the
public or to those with whom the licensee is de aling,
f. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license,
g. has failed or refused to furn ish and keep in force any
bond required under Sections 581 through 588 of this
title,
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h. has installed or attempted to install a manufactured
home in an unworkmanlike manner, or
i. employs a person in connection with the sale of
manufactured homes without first obtaining a
certificate of registration for the person;
7. Being a used motor vehicle dealer who:
a. does not have an established place of business,
b. employs a person in con nection with the sale of used
vehicles without first obtaining a certifica te of
registration for the person,
c. fails or refuses to furnish or keep in force single
limit liability insurance on any vehicle offered for
sale and otherwise required under the f inancial
responsibility laws of this state, or
d. is not operating from th e address shown on the lic ense
if this change has not been reported to the
Commission; or
8. Being a manufactured home dealer or a restricted
manufactured home park dealer who:
a. does not have an established place of business,
b. fails or refuses to furn ish or keep in force garag e
liability and completed operations insurance, or
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c. is not operating from the address shown on the license
if this change has not been reported to the
Commission.
B. 1. The Commission shall deny an application for a license,
or revoke or suspend a lice nse after it has been granted, if a
manufactured home dealer does not mee t the following guidelines and
restrictions:
a. a display area for manufactured hom es which is easily
accessible, with sufficient parking for the public,
b. an office for conducting b usiness where the books,
records, and files are kept, with access to a re stroom
for the public,
c. a place of business which meets all zoning, occupancy
and other requirements of the appropriate local
government and regular occupancy by a person, firm, or
corporation engaged in the b usiness of selling
manufactured homes, and
d. a place of business which is separate and apart from
any other dealer’s location.
2. The Commission shall deny an application for a res tricted
manufactured home park dealer license, or revoke or suspend a
license after it has been granted, if a manufactu red home park
dealer does not satisfy the following guidelines and restrictions:
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a. only mobile or manufactured homes that are “ready for
occupancy” are sold or offered for sale,
b. maintains an office for conducting business where the
books, records, and files are kept, with access to a
restroom for the public,
c. maintains a place of b usiness which meets all zoning,
occupancy and other re quirements of the appropr iate
local government and regular occupancy by a person,
firm or corporation engaged in the bu siness of selling
manufactured homes inside a park, and
d. maintains a place of bus iness which is separate and
apart from any other deale r’s location.
C. The Commission shall deny an application for a license, or
revoke or suspend a license after it has b een granted, if a
manufactured home installer:
1. Installs or attempts to install a manufactured home in a
manner that is not in compliance with installation sta ndards as set
by the Commission pursuant to rule; or
2. Violates or fails to comply with any applicable rule as
promulgated by the Commission concerning manufactured home
installers.
D. The Commission shall deny an application for a license, or
revoke or suspend a license af ter it has been granted, if a
manufactured home manufacturer violates or fails to comply with any
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applicable rule as promulgated by the Commission concernin g
manufactured home manufacturers.
E. The Commission shall deny an application for a license by a
motor vehicle manufacturer or factory if the application is for the
purpose of selling used motor vehicles to any retail consumer in the
state, other than th rough its retail franchised dealers, or acting
as a broker between a seller and a retail buyer. Thi s subsection
does not prohibit a manufacturer from selling used motor veh icles
where the retail customer is a nonprofit organization or a federal,
state, or local government or agency. This subsection does not
prohibit a manufacturer from providing inform ation to a consumer for
the purpose of marketing or facilitating the sale of used motor
vehicles or from establishing a program to sell or offer to sell
used motor vehicles through the manufacturer ’s retail franchised
dealers as provided for in Sections 56 1 through 580.2 of this title.
This subsection shall not prevent a facto ry from obtaining a
wholesale used motor vehicle dealer ’s license or the factory ’s
financing subsidiary from obtaining a wholesale used motor vehicle
dealer’s license.
F. If the Commission denies issuance of a license the
Commission shall provide the grou nds for the action to the applicant
in writing and allow the applicant sixty (60) d ays to resolve any
issues that are the grounds for the action.
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G. Each of the aforementioned ground s for suspension,
revocation, or denial of issuance or renewal of license shall also
constitute a violation of Sections 581 through 588 of this title,
unless the person involved has been tried and acquitted of the
offense constituting such grounds.
The suspension, revocation or refusal to issue or renew a
license or the imposit ion of any other penalty by the Commission
shall be in addition to any penalty whic h might be imposed upon any
licensee upon a conviction at law for any violation of Sections 581
through 588 of this title.
H. This section shall not be construed to prohibi t a used motor
vehicle dealer from delivering a motor vehicle off site or from
selling a motor vehicle to a customer at the home or place of
business of the custo mer.
H. I. As used in this section:
1. “Substantially relates ” means the nature of criminal conduct
for which the person was convicted has a direct bear ing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily rel ated to the occupatio n; and
2. “Poses a reasonable threat ” means the nature of criminal
conduct for which the person was convicted involved an act or thr eat
of harm against another and has a bearing on the fitness or ability
to serve the public or work wi th others in the occu pation.
SECTION 6. This act shall become effective Novem ber 1, 2023.
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Passed the Senate the 22nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives