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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 841 By: Paxton of the Senate
and
Sims of the House
An Act relating to motor vehicle storage rate s;
amending 47 O.S. 2021, Section 953.2, which relates
to fees and charges for storage of towed vehicles;
modifying inclusions; adding applicable entities;
specifying acceptable forms of payment; modifying
duties of facilities; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 953.2, is
amended to read as follows:
Section 953.2. A. The rates established by order of the
Corporation Commission shall deter mine the maximum fees and charges
for the storage and after-hours release of noncons ensual towed
vehicles, including incorporated and unincorporated areas, by a
wrecker or towing service licensed by the Department of Public
Safety and repair facilities as defined in Section 953 of Title 15
of the Oklahoma Statutes. No wrecker or towing service or repair
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facilities shall charge any fee for nonconsensual towed vehicles and
storage which exceeds the maximum rates established by the
Commission. Such rates shall be in addition to any other rates,
fees or charges authorized, allowed or required by law, including
environmental remediation fees and services.
B. 1. Storage or after-hours release of a towed ve hicle, or
both, provided by a wrecker or towing servic e or by a repair
facility shall be recorded by the operator on a bill or invoice as
prescribed by rules of the Department.
2. Nothing herein shall limit the right of an operato r or
repair facility who has provided or caused to be provided stora ge or
after-hours release of a towed vehicle, or both, to require
prepayment, in part or in full, or guarantee of payment of any
charges incurred for providing such services.
3. This section shall not be construed to require an operator
or repair facility to charge a fee for the storage or after-hours
release, or both, of any towed vehicle.
4. The operator or repair facility is authorized to collect all
lawful fees in acceptable forms of payment such as through check,
credit card, automated clearing house transfer, o r debit card from
the owner, lienholder or agent of the towed vehicle or insurer
accepting liability for paying the claim for a vehicle or pur chasing
the vehicle as a total loss vehicle from the registered owner for
the performance of any an d all such services. An operator or repair
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facility shall make the towed vehicle available for insp ection by
the owner, lien holder, agent of the towed vehicle , or insurer
accepting liability for paying the claim for a vehicle and shall
release the vehicle from storage upon authorization from the owner,
agent or lienholder of the vehicle or in the case of a total loss,
the insurer accepting liability for paying the claim for the v ehicle
or purchasing the vehicle where the vehicle is to be moved to an
insurance pool yard for sale.
C. The rates in subsections D through F of this section shall
be applicable until superseded by rates established by the
Commission.
D. Outdoor Storage Rates.
1. Rates in this subsection shall apply to the outdoor storage
of a towed vehicle. Rates may be applied from the time the t owed
vehicle is brought onto the outdoor sto rage facility premises.
Rates shall apply to each calendar day of outdoor stora ge; provided,
the maximum twenty-four-hour fee, as provided for in this section,
may be charged for any towed vehicle which is store d for a portion
of a twenty-four-hour period.
2. Maximum outdoor storage rates shall be as follows:
Rate per Each
24-hour Period or
Type of Towed Vehicle Portion Thereof
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Single vehicle: motorcycle, automobile,
or light truck up to 20 feet in length $15.00
Single vehicle or combination of vehicl es
over 20 feet in length but less than 30
feet in length $20.00
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width $25.00
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet
in width $35.00
E. Indoor Storage Rates:.
1. Rates in this subsection shall apply to the indoor storage
of a towed vehicle. Rates may be a pplied from the time the towed
vehicle is brought into the indoor storage facili ty premises. Rates
shall apply to each calen dar day of indoor storage; provided, the
maximum twenty-four-hour fee, as provided for in this section, may
be charged for any towe d vehicle which is stored for a portion o f a
twenty-four-hour period.
2. Maximum indoor storage rates shall be as follows:
Rate per Each
24-hour Period or
Type of Towed Vehicle Portion Thereof
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Single vehicle: motorcycle, automobile,
or light truck up to 20 feet in length $25.00
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $30.00
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width $35.00
Single vehicle or combin ation of vehicles
over 30 feet in length and over 8 feet
in width $45.00
3. For purposes of this subsection, “indoor storage” means the
vehicle is kept in an enclosed facility.
F. After-Hours Release Rate.
1. The rate in this subsection shall apply to the release of a
towed vehicle to the own er, lienholder, or agent when such rele ase
occurs at a time other than normal busine ss hours.
2. As used in this subsection:
a. “after-hours release rate” shall mean the rate charged
for the release of a towed vehi cle between the hours
of midnight and 8:00 a.m., or between the hours of
4:00 p.m. and midnight Monday through Friday, or any
time on Saturday, Sunday or a national holiday, and
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b. “national holiday” shall mean New Year’s Day, Martin
Luther King Day, Georg e Washington’s Birthday, on the
third Monday in February, Memorial Day, Independ ence
Day, Labor Day, Veterans Day, Thanksgivi ng Day and
Christmas Day, and shall further include the Friday
before such national holiday which falls on a Saturday
and the Monday following such national holiday which
falls on a Sunday.
3. The maximum after -hours release rate shall be Fifteen
Dollars ($15.00) per quarter hour for the release of any single
vehicle or combination o f vehicles.
G. An operator or repair facility shall be required to provide
reasonable documentation to substantiate all lawful fee s charged the
owner, lienholder, agent or ins urer accepting liability for paying
the claim for the towed vehicle or purchasin g the towed vehicle.
Fees for which the operator or repair facility is being reimbursed,
or having paid to a third party, shall in clude copies of the invoice
or other appropriate documents to substantiate the payment to the
third party.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/04/2023 -
DO PASS.