OK
Oklahoma Senate Bill SB729

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB729 Compare Versions

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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 729 By: Rosino of the Senate
31+
32+ and
33+
34+ Echols of the House
35+
36+
37+
38+An Act relating to motor vehicle delivery; am ending
39+47 O.S. 2021, Section 584, as last amended by Section
40+4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
41+Section 584), which relates to the basis for denial,
42+revocation, or suspension of license; providing
43+certain exemption; and providing an effective date.
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5-An Act
6-ENROLLED SENATE
7-BILL NO. 729 By: Weaver, Bullard, and Burns
8-of the Senate
48+AUTHORS: Remove Representative Echols as principal House author and
49+substitute with Representative McBride
950
10- and
11-
12- McBride, Lepak, Lowe
13-(Dick), Caldwell (Trey),
14-Cantrell, Hill, Fetgatter,
15-Echols, West (Tammy),
16-Provenzano, Schreiber,
17-Maynard, Roberts, and
18-Waldron of the House
51+ Add the following House Coauthor s: Lepak, Lowe (Dick),
52+Caldwell (Trey), Cantrell, Hill, Fetgatter, Echols, West
53+(Tammy), Provenzano, Schreiber, and Maynard
1954
2055
56+AUTHOR: Remove Senator Rosino as principal Senate author and
57+substitute with Senator Weaver
2158
22-An Act relating to the Oklahoma -Israel Exchange
59+
60+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
61+and insert:
62+
63+
64+"An Act relating to the Oklahoma-Israel Exchange
2365 Commission; providing for legislative intent;
2466 providing for membership; prescribing terms;
2567 prescribing qualifications for certain members;
2668 providing for filling of vacancies; providing for
2769 removal of members; providing for frequency of
2870 meetings; prescribing quorum requirement; providing
2971 for creation of subcommittees; providing for
3072 retention of records; providing for staff assistance;
3173 imposing duties on Commis sion; requiring report;
3274 requiring recommendation s; authorizing receipt of
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33101 various revenues; providing for noncodification;
34102 providing for codification; and providing an
35103 effective date.
36104
37105
38106
39-SUBJECT: Oklahoma-Israel Exchange Commission
107+
40108
41109 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
42-
43110 SECTION 1. NEW LAW A new section of law not to b e
44111 codified in the Oklahoma Statutes reads as follows:
45-
46112 A. It is the intent of the Legislature that the Oklahoma-Israel
47113 Exchange Commission foster cooperation between the people of Israel
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50114 and the people of Oklahoma on projects of mutual benefit, including
51115 agriculture, industry, trade and commerce, energy research, and
52116 education and cultural differences .
53-
54117 B. The Oklahoma State Leg islature supports the reestablishment
55118 of the Oklahoma-Israel Exchange Commission with the hope that this
56119 economic initiative can a chieve the greatest possible benefit for
57120 the interest of the people of Israel and Oklahoma.
58-
59121 SECTION 2. NEW LAW A new section of law to be codi fied
60122 in the Oklahoma Statutes as Section 583 of Title 74, unless there is
61123 created a duplication in numbering, reads as follows:
124+A. There is hereby reestablished the Oklahoma-Israel
125+Exchange Commission, which shall be located in Jerusalem. The
126+Commission shall consist of nine (9) members, to be appointed as
127+follows:
128+1. Two persons to be appointed by the Governor;
62129
63-A. There is hereby reestablished the Oklahoma -Israel Exchange
64-Commission, which shall be located in Jerusalem. The Commission
65-shall consist of nine (9) members, to be appointed as follows:
66-
67-1. Two persons to be appointed by the Governor;
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68154
69155 2. Two persons to be appointed by the Speaker of the Oklahoma
70156 House of Representatives;
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72157 3. Two persons to be appointed by the President Pro Tempore of
73158 the Oklahoma State Senate;
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75159 4. A person to be appointed by the minority leader of the
76160 Oklahoma House of Representatives;
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78161 5. A person to be appointed by the minority leader of the
79162 Oklahoma State Senate; and
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81163 6. A person to be appointed by the Executive Director of the
82164 Oklahoma Department of Commerce.
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84165 B. The two members selected by the Governor, the Speaker of the
85166 Oklahoma House of Representatives, and President Pro Tempore of the
86167 Oklahoma State Senate, respectively, shall each be a representative
87168 of either:
88-
89169 1. An Oklahoma public institution of higher lear ning;
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93170 2. The Israeli-American community in Oklahoma who is interested
94171 in furthering trade between Oklahoma and Israel;
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96172 3. An Oklahoma industry engaged in or seeking to engage in
97173 trade with Israel; or
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99174 4. An Oklahoma business association, trade organizati on,
100175 economic development organization or chamber of commerce currently
101176 engaged in or interested in engaging in the furtherance of trade
102177 with Israel.
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103203
104204 C. Legislative members shall serve for the two-year legislative
105205 session in which they are appointed to the Commission and shall
106206 remain members of the Legislature in order to retai n membership on
107207 the Commission. Vacancies of legislative members during a term
108208 shall be filled in the same manner as the o riginal appointment onl y
109209 for the unexpired part of the term. The appointing authority for a
110210 legislative member may remove the memb er and substitute another
111211 appointee for the member at any time. Members may be reappointed.
112-
113212 D. Vacancies shall be filled in the same manner as the original
114213 appointment only for the unexpired part of the term.
115-
116214 E. The appointing authority for the member m ay remove the
117215 member and substitute another appointee for the member at any time.
118-
119216 F. The Commission shall hold meetings at least once each
120217 quarter. Meetings shall be held at the call of the chair.
121-
122218 G. A majority of the members of the Commission shall constitute
123219 a quorum for the transaction of the business of the Commission.
124-
125220 H. The chair may appoint from among the Commission members
126221 subcommittees and subcommittee chairs.
127-
128222 I. The Commission shall keep records of all proceedings, which
129223 shall be public and op en to inspection.
130-
131224 J. Staff assistance shall be provided by the Oklahoma House of
132225 Representatives and the Oklahoma State Senate.
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136252 SECTION 3. NEW LAW A new section of law to be codified
137253 in the Oklahoma Statutes as Section 583.1 of Title 74, unless there
138254 is created a duplication in numbering, reads as follows:
139-
140255 A. The purpose of the Oklahoma-Israel Exchange Commission shall
141256 be to advance, promote, and encourage business and other mutually
142257 beneficial activities between Oklahoma and Israel, including:
143-
144258 1. Bilateral trade and investment;
145-
146259 2. Joint action on policy issues of mutual interest;
147-
148260 3. Business and academic exchanges;
149-
150261 4. Mutual economic support;
151-
152262 5. Mutual investment in the respective infrastructure; and
153-
154263 6. Other opportunities for mutual benefit and economic growth
155264 as identified by the Commission.
156-
157265 B. The Commission shall report its findings, activities,
158266 results, and recommendations to the Governor, the Speaker of the
159267 Oklahoma House of Representatives, and the President Pro Tempore of
160268 the Oklahoma State Senate within one (1) year of its initial meeting
161269 and by February 1 of each succeeding year for the activities of the
162270 preceding calendar year. The report shall be in writing and may
163271 include recommendations or proposed legislation as deemed
164272 appropriate by the Commission to effectuate its purposes.
165-
166273 C. The Oklahoma-Israel Exchange Commission shall be auth orized
167274 to raise funds, through direct solicitation or other fundraising
168275 events, alone, or with other groups, and accept gifts, grants, and
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169302 bequests from individuals, corporations, foundations, governmental
170303 agencies, and public and private organizations and institutions, to
171304 carry out its purposes.
172-
173-SECTION 4. This act shall become effective November 1, 2024.
305+SECTION 4. This act shall becom e effective November 1, 2024."
306+Passed the House of Representatives the 18th day of April, 2024.
174307
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176-ENR. S. B. NO. 729 Page 5
177-Passed the Senate the 30th day of May, 2024.
309+
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312+Presiding Officer of t he House of
313+ Representatives
314+
315+
316+Passed the Senate the ____ day of __________, 2024.
317+
318+
178319
179320
180321
181322 Presiding Officer of the Senate
182323
183324
184-Passed the House of Representatives the 18th day of April, 2024.
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350+ENGROSSED SENATE
351+BILL NO. 729 By: Rosino of the Senate
352+
353+ and
354+
355+ Echols of the House
356+
357+
358+
359+
360+An Act relating to motor vehicle delivery; am ending
361+47 O.S. 2021, Section 584, as last amended by Section
362+4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
363+Section 584), which relates to the basis for denial ,
364+revocation, or suspension of license; providing
365+certain exemption; and providing an effective date.
366+
367+
368+
369+
370+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
371+SECTION 5. AMENDATORY 47 O.S. 2021, Section 584, as last
372+amended by Section 4, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022,
373+Section 584), is amended to read as follows:
374+Section 584. A. The Oklahoma Used Motor Vehicle and Parts
375+Commission may deny an application for a license, impose a fine not
376+to exceed One Thousand Dollars ($1,000.00) per occurre nce and/or
377+revoke or suspend a license after it has been granted, when any
378+provision of Sections 581 through 588 of this title is violated or
379+for any of the following reason s:
380+1. On satisfactory proof of unfitness of the applicant or the
381+licensee, as the case may be, under the standards established by
382+Sections 581 through 588 of thi s title;
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409+2. For fraud practices or any material misstatement made by an
410+applicant in any appl ication for license under the provisions of
411+Sections 581 through 588 of this title;
412+3. For any willful failure to comply with any provision of
413+Section 581 et seq. of this title or with any rule promulgated by
414+the Commission under authority vested in it by Sections 581 through
415+588 of this title;
416+4. Change of condition after license is g ranted resulting in
417+failure to maintain the qualifications for license;
418+5. Continued or flagrant violation of any of the rules of the
419+Commission;
420+6. Being a used motor veh icle dealer, a used motor vehicle
421+salesperson, a wholesale used motor vehicle deale r, or a
422+manufactured home dealer, a restricted manufactured home park
423+dealer, a manufactured home installer, a manufactured home
424+salesperson or a manufactured home manufactu rer who:
425+a. resorts to or uses any false or misleading advertising
426+in connection with business as a used motor vehicle
427+dealer, wholesale used motor vehicle dealer or a
428+restricted manufactured home park dealer or
429+manufactured home dealer, installer or manuf acturer,
430+b. has committed any unlawful act which resulted in the
431+revocation of any similar license in another state,
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458+c. has been convicted of a felony crime that
459+substantially relates to the occupation of a used
460+motor vehicle dealer, a wholesale used motor vehicle
461+dealer, a manufactured home dealer, a restricted
462+manufactured home park de aler, a manufactured home
463+installer or a manufactured home manufacturer an d
464+poses a reasonable threa t to public safety,
465+d. has committed a fraudulent act in selling, purchas ing
466+or otherwise dealing in motor vehicles or manufactured
467+homes or has misrepresen ted the terms and conditions
468+of a sale, purchase or contract for sale or p urchase
469+of a motor vehicle or manufactured home or any
470+interest therein including an option to purc hase such
471+motor vehicles or manufactured homes,
472+e. has engaged in business under a past or present
473+license issued pursuant to Sections 581 through 588 of
474+this title, in such a manner as to cause injury to the
475+public or to those with whom the licensee is de aling,
476+f. has failed to meet or maintain the conditions and
477+requirements necessary to qualify for the issuance of
478+a license,
479+g. has failed or refused to furn ish and keep in force any
480+bond required under Sections 581 through 588 of this
481+title,
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508+h. has installed or attempted to install a manufactured
509+home in an unworkmanlike manner, or
510+i. employs a person in connection with the sale of
511+manufactured homes without first obtaining a
512+certificate of registration for the person;
513+7. Being a used motor vehicle dealer who:
514+a. does not have an established place of business,
515+b. employs a person in con nection with the sale of used
516+vehicles without first obtaining a certifica te of
517+registration for the person,
518+c. fails or refuses to furnish or keep in force single
519+limit liability insurance on any vehicle offered for
520+sale and otherwise required under the f inancial
521+responsibility laws of this state, or
522+d. is not operating from th e address shown on the lic ense
523+if this change has not been reported to the
524+Commission; or
525+8. Being a manufactured home dealer or a restricted
526+manufactured home park dealer who:
527+a. does not have an established place of business,
528+b. fails or refuses to furn ish or keep in force garag e
529+liability and completed operations insurance, or
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556+c. is not operating from the address shown on the license
557+if this change has not been reported to the
558+Commission.
559+B. 1. The Commission shall deny an application for a license,
560+or revoke or suspend a lice nse after it has been granted, if a
561+manufactured home dealer does not mee t the following guidelines and
562+restrictions:
563+a. a display area for manufactured hom es which is easily
564+accessible, with sufficient parking for the public,
565+b. an office for conducting b usiness where the books,
566+records, and files are kept, with access to a re stroom
567+for the public,
568+c. a place of business which meets all zoning, occupancy
569+and other requirements of the appropriate local
570+government and regular occupancy by a person, firm, or
571+corporation engaged in the b usiness of selling
572+manufactured homes, and
573+d. a place of business which is separate and apart from
574+any other dealer’s location.
575+2. The Commission shall deny an application for a res tricted
576+manufactured home park dealer license, or revoke or suspend a
577+license after it has been granted, if a manufactu red home park
578+dealer does not satisfy the following guidelines and restrictions:
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605+a. only mobile or manufactured homes that are “ready for
606+occupancy” are sold or offered for sale,
607+b. maintains an office for conducting business where the
608+books, records, and files are kept, with access to a
609+restroom for the public,
610+c. maintains a place of b usiness which meets all zoning,
611+occupancy and other re quirements of the appropr iate
612+local government and regular occupancy by a person,
613+firm or corporation engaged in the bu siness of selling
614+manufactured homes inside a park, and
615+d. maintains a place of bus iness which is separate and
616+apart from any other deale r’s location.
617+C. The Commission shall deny an application for a license, or
618+revoke or suspend a license after it has b een granted, if a
619+manufactured home installer:
620+1. Installs or attempts to install a manufactured home in a
621+manner that is not in compliance with installation sta ndards as set
622+by the Commission pursuant to rule; or
623+2. Violates or fails to comply with any applicable rule as
624+promulgated by the Commission concerning manufactured home
625+installers.
626+D. The Commission shall deny an application for a license, or
627+revoke or suspend a license af ter it has been granted, if a
628+manufactured home manufacturer violates or fails to comply with any
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655+applicable rule as promulgated by the Commission concernin g
656+manufactured home manufacturers.
657+E. The Commission shall deny an application for a license by a
658+motor vehicle manufacturer or factory if the application is for the
659+purpose of selling used motor vehicles to any retail consumer in the
660+state, other than th rough its retail franchised dealers, or acting
661+as a broker between a seller and a retail buyer. Thi s subsection
662+does not prohibit a manufacturer from selling used motor veh icles
663+where the retail customer is a nonprofit organization or a federal,
664+state, or local government or agency. This subsection does not
665+prohibit a manufacturer from providing inform ation to a consumer for
666+the purpose of marketing or facilitating the sale of used motor
667+vehicles or from establishing a program to sell or offer to sell
668+used motor vehicles through the manufacturer ’s retail franchised
669+dealers as provided for in Sections 56 1 through 580.2 of this title.
670+This subsection shall not prevent a facto ry from obtaining a
671+wholesale used motor vehicle dealer ’s license or the factory ’s
672+financing subsidiary from obtaining a wholesale used motor vehicle
673+dealer’s license.
674+F. If the Commission denies issuance of a license the
675+Commission shall provide the grou nds for the action to the applicant
676+in writing and allow the applicant sixty (60) d ays to resolve any
677+issues that are the grounds for the action.
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704+G. Each of the aforementioned ground s for suspension,
705+revocation, or denial of issuance or renewal of license shall also
706+constitute a violation of Sections 581 through 588 of this title,
707+unless the person involved has been tried and acquitted of the
708+offense constituting such grounds.
709+The suspension, revocation or refusal to issue or renew a
710+license or the imposit ion of any other penalty by the Commission
711+shall be in addition to any penalty whic h might be imposed upon any
712+licensee upon a conviction at law for any violation of Sections 581
713+through 588 of this title.
714+H. This section shall not be construed to prohibi t a used motor
715+vehicle dealer from delivering a motor vehicle off site or from
716+selling a motor vehicle to a customer at the home or place of
717+business of the custo mer.
718+H. I. As used in this section:
719+1. “Substantially relates ” means the nature of criminal conduct
720+for which the person was convicted has a direct bear ing on the
721+fitness or ability to perform one or more of the duties or
722+responsibilities necessarily rel ated to the occupatio n; and
723+2. “Poses a reasonable threat ” means the nature of criminal
724+conduct for which the person was convicted involved an act or thr eat
725+of harm against another and has a bearing on the fitness or ability
726+to serve the public or work wi th others in the occu pation.
727+SECTION 6. This act shall become effective Novem ber 1, 2023.
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754+Passed the Senate the 22nd day of March, 2023.
755+
756+
757+
758+ Presiding Officer of the Senate
759+
760+
761+Passed the House of Representatives the ____ day of __________,
762+2023.
185763
186764
187765
188766 Presiding Officer of the House
189767 of Representatives
190768
191-OFFICE OF THE GOVERNOR
192-Received by the Office of the Governor this _______ _____________
193-day of _________________ __, 20_______, at _______ o'clock _______ M.
194-By: _________________________________
195-Approved by the Governor of the State of Oklahoma this _______ __
196-day of _________________ __, 20_______, at _______ o'clock _______ M.
197769
198- _________________________________
199- Governor of the State of Oklahoma
200-
201-
202-OFFICE OF THE SECRETARY OF STATE
203-Received by the Office of the Secretary of State this _______ ___
204-day of _________________ _, 20 _______, at _______ o'clock _______ M.
205-By: _________________________________