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SENATE FLOOR VERSION
February 20, 2025
SENATE BILL NO. 529 By: Sacchieri of the Senate
and
Boles of the House
An Act relating to used motor vehicle and parts
dealers; amending 47 O.S. 2021, Section s 581, as
amended by Section 1, Chapter 107, O.S.L. 2022, 582,
as last amended by Section 4, Chapter 236, O.S.L.
2024, 583, as last amended by Section 19, Chapter 29,
O.S.L. 2023, and 584, as last amended by Section 58,
Chapter 452, O.S.L. 2024 (47 O.S. Supp. 2024,
Sections 581, 582, 583, and 584), which relate to the
Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission ; modifying certain
definitions; defining terms; authorizing Oklahoma
Used Motor Vehicle, Dismantler, and Manufactured
Housing Commission to regulate used powers ports
vehicle dealers; requiring used powersports vehicle
dealers to purchase certain license; setting certain
fees for used powersports vehicle dealer license;
requiring used powersports vehicle dealers to procure
certain bond; requiring used powersports vehicle
dealers to acquire certain liability insurance;
creating conditions to revoke certain used
powersports vehicle dealer license; providing for
noncodification; 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 be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as “Cody’s Law”.
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SECTION 2. AMENDATORY 47 O.S. 2021, Section 5 81, as
amended by Section 1, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2024,
Section 581), is amended to read as follows:
Section 581. As used in Section 581 et seq. of this title:
1. “Commission” means the Oklahoma Used Motor Vehicle,
Dismantler, and Manu factured Housing Commission;
2. “Compensation” means anything of value including money,
merchandise, rebates on purchases, trading stamps or any other thing
of value;
3. “Consignment sale” means the sale of used motor vehicles
belonging to another by a u sed motor vehicle dealer, whether or not
title is transferred from the consignor to the used motor vehicle
dealer;
4. “Factory” means a manufacturer, distributor, factory branch,
distributor branch, factory representative , or distributor
representative, which manufactures or distributes vehicle products;
5. “Manufactured home” means a residential dwelling in one or
more sections built in accordance with the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 U.S.C.,
Section 5401 et seq. and rules promulgated pursuant thereto;
6. a. “Manufactured home dealer ” means any person who:
(1) works for a commission or with intent to make a
profit or gain of money or other thing of value,
sells, offers to sell, or attempts to negotiate a
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sale or exchange of interest in, new or used
manufactured homes,
(2) is engaged wholly or in part in the business of
selling any new and unused, or used, or both new
and used manufactured homes, or
(3) is engaged wholly or in part in the business of
leasing any new and unused, or used, or both new
and used manufactured homes, that are considered
personal property, with an option to purchase or
own in any form at any time after beginning of
the lease term.
A valid franchise letter as proof of authorization t o sell any
new manufactured home product line or lines shall be attached to the
application for a dealer license to sell manufactured homes.
“Manufactured home dealer ” shall include a manufactured home
auction. A manufactured home auction shall mean any person selling
more than five manufactured homes in an auction or liquidation
format. Only licensed manufactured home dealers shall be authorized
to purchase manufactured homes at such auctions.
b. “Manufactured home dealer ” shall not include any
person who sells or contracts for the sale of a
personally titled manufactured home or homes which
they have used as their personal residence, or any
person acting as an auctioneer who has been engaged by
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a seller to direct, conduct, control, or be
responsible for the sale of such manufactured homes as
a part of an auction or liquidation of an estate, or
any Oklahoma licensed real estate broker or sales
associate when buying or selling manufactured homes
which have become real property as a part of a real
estate business. No person shall be considered a
manufactured home dealer as to any manufactured home
purchased or acquired by the person for purposes other
than resale or lease -purchase in any form; provided,
that the restriction set forth in this sentence shall
not prevent an otherwise qualified person from
utilizing a single manufactured home as a sales
office.
c. A holder of a lien on a personally titled manufactured
home may sell the repossessed manufac tured home and
shall not be required to be licensed pursua nt to this
title. Any person other than a bona fide full -time
employee of the lienholder who participates in the
sale of the repossessed manufactured home shall be
licensed as a manufactured home dealer pursuant to
this title.
d. “Manufactured home dealer ” shall not include a
restricted manufactured home park dealer;
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7. “Manufactured home salesperson ” means any person who has
been engaged by a manufactured home dealer or restricted
manufactured home park dealer to buy, sell, exchange, negotiate, or
act as an agent for the purchase, sale, or exchange of an interest
in a manufactured home;
8. “Manufactured home installer ” means a person who is engaged
in the business of installing or setting up manufactured homes
and/or mobile homes as defined herein;
9. “Manufactured home manufacturer ” means a person who
manufactures, assembles, sells or distributes new manufactured
homes, whether directly or indirectly, to new manufactured home
retailers or a restr icted manufactured home park dealer for resale
or use in this state;
10. “Mobile home” means a residential dwelling fabricated in an
off-site manufacturing facility, designed to be a permanent
residence, but which is still transportable, that was built prior to
the enacting of the National Manufactured Housing C onstruction and
Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq.;
11. “Person” means an individual, business, corporation,
partnership, association, limited liability corporation, trus t,
firm, or company or legal entity, but does not include any political
subdivision;
12. “Ready for occupancy” means a mobile or manufactured home
which is installed and anchored properly by a manufactured home
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installer licensed in this state and has utilities connected to
service;
13. “Rebuilder” means a used motor vehicle dealer or used
powersports vehicle dealer who is engaged in the business of
rebuilding repairable motor vehicles or powersports vehicles and who
has paid the fee for and been issued a rebuilder certificate as
provided by Section 591.5 of thi s title;
14. “Restricted manufactured home park dealer ” means any person
operating a mobile or manufactured home park who, for a commission
or with intent to make a profit or gain of money or other thing of
value, sells, offers to sell, or attempts to neg otiate a sale or
exchange of interest in, new or used manufactured homes, or that is
engaged wholly or in part in the business of selling or leasing
manufactured homes which are personal property wi th an option to
purchase or own in any form at any time af ter the beginning of the
lease term any new and unused, or used, or both new and used
manufactured homes; provided, every mobile or manufactured home sold
pursuant to a restricted manufactured home park dealer license shall
be located in the licensed mobil e or manufactured home park and
ready for occupancy. Provided further, manufactured home dealer
license plates shall not be issued to a restricted manufactured home
park dealer;
15. “Retail implement dealer” means a business engaged
primarily in the sale of farm tractors as defined in Section 1 -118
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of this title or implements of husbandry as defined in Section 1 -125
of this title or a combination thereof and is exempt from licensing
by the Commission for the sale of all -terrain vehicles, utility
vehicles, and motorcycles used exclusively for off -road use;
16. “Sale” or “sell” means the act of selling, brokering,
exchanging, exchanging of an interest in, or renting with the option
to purchase or own in any form at any time after the beginning of
the lease term, a new or used manufactured home for commission,
profit, gain of money or other thing of value;
17. “Used motor vehicle” means any motor vehicle, as that term
is defined in the Oklahoma Vehicle License and Registration Act, but
not including any all -terrain vehicles, utility vehicles, and
motorcycles used exclusively for off -road use which are sold by a
retail implement dealer, which has been sold, bargained, exchanged,
given away or the title thereto transferred from the person who
first took title from the manufacturer, importer, or dealer or agent
of the manufacturer or importer, or so used as to have become what
is commonly known as a “secondhand motor vehicle ”. In the event of
transfer, on the statement of origin, from the original franchised
dealer to any other dealer or individual other than a franchised
dealer of the same make of vehicle, the vehicle shall be considered
a used motor vehicle and must be titled in the new owner ’s name.
The term used motor vehicle does not include used powersport s
vehicles;
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18. “Used motor vehicle auction ” means any business other than
salvage pools which regularly engages in the sale or trade, or
negotiates the sale or trade, of used motor vehicles by auction,
whether by open or closed bid or by sale to or purch ase by used
motor vehicle dealers or individuals;
19. a. “Used motor vehicle dealer ” means any person who, for
a commission or with intent to make a profit or gain
of money or other thing of value, sells, brokers,
exchanges, rents with option to purchase, or offers or
attempts to negotiate a sale or exchange of an
interest in used motor vehicles, or who is engaged
wholly or in part in the business of selling used
motor vehicles, whether or not such motor vehicles are
owned by the person.
b. “Used motor vehicle dealer” shall not include:
(1) receivers, trustees, administrators, executors,
guardians, or other persons appointed by or
acting pursuant to the judgment or order of any
court,
(2) public officers while performing their official
duties,
(3) employees of persons enumerated in the definition
of “used motor vehicle dealer ” when engaged in
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the specific performance of their duties as such
employees,
(4) mortgagees or secured parties as to sales of
motor vehicles constituting collateral on a
mortgage or security agreement, if the mortgagees
or secured parties shall not realize for their
own account from such sales any monies in excess
of the outstanding balance secured by such
mortgage or security agr eement, plus the costs of
collection,
(5) any person acting as an auctioneer who has been
engaged by a seller to direct, conduct, control,
or be responsible for the sale of used motor
vehicles as part of an estate auction or
liquidation,
(6) any person, firm, corporation, or other legal
entity who sells, or contr acts for the sale of,
the vehicles of the person, firm, corporation, or
other legal entity when such vehicles are sold in
liquidation, and any person, firm, corporation,
or other legal entity who se rves as an agent in
such sale. The exclusion provided in this
paragraph shall not extend to any person, firm,
corporation, or other legal entity whose business
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is the purchase, sale, or rental with option to
purchase, of motor vehicles, or to a location
used for such purposes,
(7) any person acting as an auction eer who has been
engaged by a seller to direct, conduct, control,
or be responsible for the sale of used motor
vehicles as part of an auction held at a licensed
used motor vehicle dealer location. The
exclusion provided in this division shall not
extend to a person who auctions five or more used
motor vehicles in a nonliquidation sale held at a
licensed used motor vehicle dealer location which
is not regularly used as a vehicle auction, or
(8) any retail implement dealer that sells all -
terrain vehicles, ut ility vehicles, and
motorcycles used exclusively for off -road use, or
(9) a used powersports vehicle dealer ;
20. “Used motor vehicle salesperson ” means a person employed by
a licensed used motor ve hicle dealer or used powersports vehicle
dealer to sell, broker, exchange, or negotiate a purchase, sale, or
rental with option to purchase, used motor vehicles or used
powersports vehicles or an interest in used motor vehicles or in
used powersports vehicles . The term “used motor vehicle
salesperson” shall not include any person who:
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a. uses the person’s own funds for such transactions, or
b. operates independently as a used motor vehicle dealer
or used powersports vehicle dealer using a licensed
used motor vehicle dealer’s license number or used
powersports vehicle dealer’s license number ; and
21. “Used powersports vehicle ” means any used motorcycle,
scooter, moped, all-terrain vehicle, and utility vehicle required to
be registered under the Oklahoma Vehicle License and Registration
Act, with the exception of a ll-terrain vehicles, utility vehicles,
and motorcycles used exclusively for off -road use which are sold by
a retail implement dealer;
22. “Used powersports vehicle dealer ” means any person, firm,
or corporation, resident or nonresident, that is in the bus iness of
selling any used powersports vehicles except for retail implement
dealers; and
23. “Wholesale used motor vehicle dealer ” means any person who,
for a commission or with intent to make a profit or gain of money or
other thing of value, sells, broke rs, exchanges, rents with option
to purchase, or offers or attempts to negotiate a sale or exchange
of interest in used motor vehicles exclusively to used motor vehicle
dealers, or who is engaged in the business of selling used motor
vehicles exclusively t o used motor vehicle dealers, whether or not
such motor vehicles are owned by the person.
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SECTION 3. AMENDATORY 47 O.S. 2021, Section 582, as last
amended by Section 4, Chapter 236, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 582), is amended to read as follows:
Section 582. A. There is hereby created the Oklahoma Used
Motor Vehicle, Dismantler, and Manufactured Housing Commission, to
be composed of ten (10) members who shall be selected as follows:
1. One member shall be appointed from each congressional
district and any remaining members, including the chair, shall be
appointed from the state at large. However, when congressional
districts are redrawn, each member appointed prior to July 1 of the
year in which such modification b ecomes effective shall complete the
current term of office and appointments made after July 1 of the
year in which such modification becomes effective shall be based on
the redrawn districts. Appoi ntments made after July 1 of the year
in which such modifi cation becomes effective shall be from any
redrawn districts which are not represented by a board member until
such time as each of the modified congressional districts are
represented by a board member; provided, the chair shall be
appointed at large with out regard to congressional district
representation on the board;
2. All members shall be appointed by the Governor, by and with
the advice and consent of the Senate;
3. a. Each of the members appo inted from a congressional
district shall, at the time of appointment, be a
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resident in good faith of the congressional district
from which appointed, and
b. Each of the members appointed from the state at large
shall, at the time of appointment and during the
period of service, be residents in good faith of the
state;
4. Each member shall be of good moral character and, for the
ten-year period immediately preceding appointment, each of the used
motor vehicle dealer and used powersports vehicle dealer
representatives shall have been licensed for and actually enga ged in
the distribution or sale of used motor vehicles or used powersports
vehicles; each of the dismantler representatives shall have actually
been licensed for and engaged in the principal business of
dismantling or disassembling motor vehicles for the p urpose of
selling the parts thereof; and the manufactured housing
representative shall have been licensed for and actually engaged in
the principal business of selling manufactured homes; and
5. Eight members plus the chair shall be engaged in the used
motor vehicle industry , the used powersports vehicle industry, or
the automotive dismantler industry. There shall not be fewer than
five members engaged in the principal business of the sale of used
motor vehicles or used powersports vehicles and there shall not be
fewer than two members engaged in the principal business of
dismantling or disassembling motor vehicles for the purpose of
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selling the parts thereof. One of the at -large members shall be
engaged in the principal business of selling manufactured h omes as a
licensed manufactured home dealer. Being engaged in one or more of
such pursuits shall not disqualify a person otherwise qualified from
serving on the Commission.
B. 1. The term of the chair shall be coterminous with that of
the Governor making the appointment, and until a successor is
appointed and is qualified.
2. The terms of office of each member of the Commission shall
be subject to the following:
a. the Commission shall determine and certify the trade
associations of manufactured home de alers that
represent ten percent (10%) or more of the number of
licensed manufactured home dealers in the state and
shall certify each such association to the Governor.
The Governor shall request a minimum of ten names from
each such association and shall select one member from
the manufactured home industry from the names
provided,
b. each member actively serving July 1, 2000, who was
appointed on or before June 30, 2000, shall remain and
fulfill the term of his or her membership as set forth
at the appointment,
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c. except for the chair, the term of office of each
member of the Commission shall be for six (6) years,
d. except for the chair and the at -large members, the
term of office of any member will automatically expire
if the member moves out of the con gressional district
from which appointed; however, if the congressional
districts are modified each member shall complete the
current term of office as provided in this section,
e. in event of death, resignation, or removal of any
person serving on the Com mission, the vacancy shall be
filled by appointment as aforesaid for the unexpired
portion of the term, and
f. except for the chair, when the term of a member
automatically expires, the vacancy shall be filled by
appointment of a qualified successor for a term of six
(6) years as aforesaid, except that the member shall
serve until a successor is appointed and qualified.
3. The chair and each member of the Commission shall take and
subscribe to the oath of office required of public officers.
C. The chair and members of the Commission shall receive Thirty
Dollars ($30.00) for each and every day actually and necessarily
spent in attending the meetings of the Commission, and shall be
reimbursed for subsistence and traveling expenses incurred in the
performance of their duties hereunder as provided by the State
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Travel Reimbursement Act; provided that such meeting payments shall
not exceed the sum of Six Hundred Dollars ($600.00) per annum to any
one person.
D. 1. a. The Commission shall appoint a qualified perso n to
serve as Executive Director who shall have had
sufficient management and organizational experience in
the automotive industry to direct the functions of the
Commission.
b. The Executive Director shall be appointed for a term
of six (6) years, and shal l not be subject to
dismissal or removal without cause.
c. The Commission shall fix the salary and define and
prescribe the duties of the Executive Director.
d. The Executive Director shall be in ch arge of the
Commission’s office, shall devote such time as
necessary to fulfill the duties thereof, and, before
entering upon these duties, shall take and subscribe
to the oath of office.
2. The Commission may employ such clerical, technical, legal,
and other help and incur such expenses as may be necessary for the
proper discharge of its duties under Section 581 et seq. of this
title and Section 2 of this act.
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3. The Commission shall maintain its office and transact its
business in Oklahoma City, and is authorized to adopt and use a
seal.
E. 1. a. The Commission is hereby vested with the powers and
duties necessary and proper to enable it to fully and
effectively carry out the provisions and objectives of
Section 581 et seq. of this title and Section 2 of
this act, and is hereby authorized and empowered,
pursuant to the Administrative Procedures Act, to make
and enforce all reasonable rules and to adopt and
prescribe all forms necessary to accomplish such
purpose.
b. The Commission shall promulgate rules f or the
licensing of manufactured home installers and the
installation, which is the blocking, anchoring, and
leveling of mobile and manufactured homes that meet
the standards of the manufacturer ’s manual or the
Commission.
c. The Commission shall promulgate rules to prescribe the
contents of manufactured home sal es agreements and to
require that each manufactured home manufacturer issue
with each new manufactured home a warranty comparable
to warranties generally in use in the industry
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warranting the manufa ctured home to be free from
material defects.
d. The enumeration of any power or authority herein shall
not be construed to deny, impair, disparage, or limit
any others necessary to the attainment thereof.
e. A copy of all rules adopted by the Commission shall be
filed and recorded in the Office of the Secretary of
State and the State Librarian and State Archivist, and
same may be amended, modified, or repealed from time
to time.
2. The Commission’s powers and duties shall include, but not be
limited to, the following:
a. to license used motor vehicle dealers, used
powersports vehicle dealers, wholesale used motor
vehicle dealers, dismantlers, manufactured home
dealers, manufactured home manufacturers, and
manufactured home installers,
b. to inspect used motor vehicle dealer, used powersports
vehicle dealer, dismantler, and manufactured home
dealer locations, and manufactured home manufacturers ’
factories or assembly sites to ensure that they are in
an approved location, meet local zoning or other
municipal requirements, and have sufficient facilities
which shall include, but not be limited to, for retail
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businesses, a business sign, a listed and usable
telephone number, a restroom, and a sales office,
c. to inspect wholesale used motor vehicle dealer
locations to ensure that they are in an approved
location, meet local zoning or other municipal
requirements, and have sufficient facilities which
shall include, but not be limited to, a listed and
usable telephone number in the dealer ’s name and a
business office where records of the business are
kept,
d. to require all dealer sales to have a condition of
sale such as a warranty disclaimer, implied or written
warranty, or a service contract approved by the
Commission,
e. to work with consumers and dealers to hear complaints
on used vehicles and manufactured homes, inclu ding
installation, and
f. to serve as a dispute resolution panel for binding
arbitration in accordance with Section 1851 et seq. of
Title 12 of the Oklahoma Statutes in contract
controversies betwee n licensed used motor vehicle
dealers, used powersports vehicle dealers,
dismantlers, and manufactured housing dealers,
manufactured home dealers, installers, and
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manufacturers and their consumers when, by mutual
written agreement executed after the dispute between
the parties has arisen, both parties have agreed to
use the Commission as their arbitration panel for
contract disputes.
F. 1. All fees and charges collected under the provisions of
Section 581 et seq. of this title and Section 2 of this act sh all be
deposited by the Executive Director in the State Tr easury in
accordance with the depository laws of this state in a special fund
to be known as the “Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission Fund ”, which fund is hereby created.
Except as hereinafter provided, the monies in the fund shall be used
by the Commission for the purpose of carrying out and enforcing the
provisions of Section 581 et seq. of this title and Section 2 of
this act. Expenditures from the fund s hall be warrants issued by
the State Treasurer against cla ims submitted by the Commission to
the Director of the Office of Management and Enterprise Services for
approval.
2. At the close of each fiscal year, the Commission shall file
with the Governor and the State Auditor and Inspector a true and
correct report of all fees and charges collected and received by it
during the preceding fiscal year and shall at the same time pay into
the General Revenue Fund of the state a sum equal to ten percent
(10%) of the gross fees and charges so collected and received.
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3. All expenses incurred by the Commission in carrying out the
provisions of Section 581 et seq. of this title and Section 2 of
this act including, but not limited to, per diem, wages, salaries,
rent, postage, advertising, supplies, bond premiums, travel, and
subsistence for the Commissioners, the Executive Director,
employees, and legal counsel, and printing and utilities, shall be a
proper charge against the fund, exclusive of the portion thereof to
be paid into the General Revenue Fund as above set out; pro vided,
that in no event shall liability ever accrue hereunder against the
state in any sum whatsoever, or against the Oklahoma Used Motor
Vehicle, Dismantler, and Manufactured Housing Commission Fund, in
excess of the ninety percent (90%) of the fees and c harges deposited
therein.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 583, as last
amended by Section 19, Chapter 29, O.S.L. 2023 (47 O.S. Supp. 2024,
Section 583), is amen ded to read as follows:
Section 583. A. 1. It shall be unlawful and constitute a
misdemeanor for any person to engage in business as, or serve in the
capacity of, or act as a used motor vehicle dealer, used powersports
vehicle dealer, wholesale used motor vehicle dealer, manufactured
home dealer, restricted ma nufactured home park dealer, manufactured
home installer, or manufactured home manufacturer selling directly
to a licensed manufactured home dealer in this state without first
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obtaining a license or following other requirements therefor as
provided in this section.
2. a. Any person engaging, acting, or serving in the
capacity of a used motor vehicle dealer, used
powersports vehicle dealer, a manufactured home
dealer, restricted manufactured home park dealer, a
manufactured home installer, or a manufactured home
manufacturer, or having more than one place where any
such business, or combination of businesses, is
carried on or conducted shall be required to obtain
and hold a current license for each suc h business, in
which engaged.
b. If after a hearing in acc ordance with the provisions
of Section 585 of this title, the Oklahoma Used Motor
Vehicle, Dismantler, and Manufactured Housing
Commission shall find any person installing a mobile
or manufactured home to be in violation of any of the
provisions of Section 581 et seq. of this title, such
person may be subject to an administrative fine not
more than Five Hundred Dollars ($500.00) for each
violation. Each day a person is in violation of
Section 581 et seq. of this title may constitute a
separate violation. All administrative fines
collected pursuant to the provisions of this
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subparagraph shall be deposited in the fund
established in Section 582 of this title.
Administrative fines imposed pursuant to this
subparagraph may be enforceable in the district court s
of this state.
3. Any person, except persons penalized by administrative fine,
violating the provisions of this section shall, upon conviction, be
punished by a fine not to exceed Five Hundred Do llars ($500.00). A
second or subsequent conviction shall be punished by a fine not to
exceed One Thousand Dollars ($1,000.00); provided that each day such
unlicensed person violates this section shall constitute a separate
offense, and any vehicle involved in a violation of this subsection
shall be considered a separate offense.
B. 1. Applications for licenses required to be obtained under
the provisions of the Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission shall be verified by the oath or
affirmation of the applicant and shall be on forms prescribed by the
Commission and furnished to the applicants, and shall contain such
information as the Commission deems necessary to enable it to fully
determine the qualifications and eligibility of the several
applicants to receive the license or licenses applied for. The
Commission shall require in the application, or otherwise,
information relating to:
a. the applicant’s financial standing,
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b. the applicant’s business integrity,
c. whether the applicant has an established place of
business and is engaged in the pursuit, avocation, or
business for which a license, or licenses, is applied
for,
d. whether the applicant is able to properly conduct the
business for which a license, or licenses, is applied
for, and
e. such other pertinent informatio n consistent with the
safeguarding of the public interest and the public
welfare.
2. All applications for license or licenses shall be
accompanied by the appropriate fee or fees in accordance with the
schedule hereinafter provided. In the event any appli cation is
denied and the license applied for is not issued, the entire license
fee shall be returned to the applicant.
3. All bonds and licenses issued under the provisions of
Section 581 et seq. of this title shall expire on December 31,
following the date of issue and shall be nontransferable. All
applications for renewal of licenses shall be submitted by November
1 of each year of expiration, and licenses for completed renewals
received by November 1 shall be issued by January 10. If
applications have not been made for renewal of licenses, such
licenses shall expire on December 31 and it shall be illegal for any
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person to represent himself or herself and act as a dealer
thereafter. Tag agents shall be notified not to accept dealers ’
titles until such time as licenses have been issued. Beginning
January 1, 2016, all licenses shall be issued for a period of two
(2) years and the appropriate fees shall be assessed. The
Commission shall adopt rule s necessary to implement the two -year
licensing provisions .
4. A certificate of registration shall permit the registered
person to engage in the activities of a used motor vehicle
salesperson. A salesperson shall be deemed to be temporarily
approved and allowed to sell vehicles when applications and fees are
on file with the Commission.
C. The schedule of license and inspection fees to be charged
and received by the Commission for the licenses and inspections
issued hereunder shall be as follows:
1. For each used motor vehicle dealer ’s license or used
powersports vehicle dealer’s license and each wholesale used motor
vehicle dealer’s license, Six Hundred Dollars ($600.00). If a used
motor vehicle dealer , used powersports vehicle dealer , or a
wholesale used motor vehicle dealer has once been licensed by the
Commission in the classification for which he or she applies for a
renewal of the license, the fee for each subsequent renewal shall be
Three Hundred Dollars ($300.00); provided, if an applicant holds a
license to conduct business as an automotive dismantler and parts
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recycler issued pursuant to Section 591.1 et seq. of this title, the
initial fee shall be Two Hundred Dollars ($200.00) and the renewal
fee shall be Two Hundred Dollars ($200.00). If an applicant is
applying simultaneously for a license under th is paragraph and a
license under paragraph 1 of Section 591.5 of this title, the
initial application fee shall be Four Hundred Dollars ($400.00).
For the reinstatement of a used motor vehicle deale r’s license or a
used powersports vehicle dealer’s license after revocation for
cancellation or expiration of insurance pursuant to subsection F of
this section, the fee shall be Two Hundred Dollars ($200.00);
2. For a used motor vehicle dealer ’s license or used
powersports vehicle dealer’s license , for each place of business in
addition to the principal place of business, Two Hundred Dollars
($200.00);
3. For each holder who possesses a valid new motor vehicle
dealer’s license from the Oklahoma Motor New Vehicle Commission, Two
Hundred Dollars ($200.00) shall b e the initial fee for a used motor
vehicle license and the fee for each subsequent renewal shall be Two
Hundred Dollars ($200.00);
4. a. For each manufactured home dealer ’s license or a
restricted manufactured home park dealer ’s license,
Six Hundred Dollars ($600.00), and for each place of
business in addition to the principal place of
business, Four Hundred Dollars ($400.00), and
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b. For each renewal of a manufactured home dealer ’s
license or a restricted manufactured home park
dealer’s license, and renewal for each place of
business in addition to the principal place of
business, Three Hundred Dollars ($300.00);
5. a. For each manufactured home installer ’s license, Four
Hundred Dollars ($400.00), and
b. For each renewal of a manufactured home installer ’s
license, Four Hundred Dollars ($400.00);
6. a. For each manufactured home manufacturer selling
directly to a licensed manufactured home dealer in
this state, One Thousand Five Hundred Dollars
($1,500.00), and
b. For each renewal of a manufactured home manufa cturer’s
license, One Thousand Five Hundred Dollars
($1,500.00);
7. Any manufactured home manufacturer who sells a new
manufactured home to be shipped to or sited in this state shall pay
an installation inspection fee of Seventy -five Dollars ($75.00) for
each new single-wide manufactured home and One Hundred Twenty -five
Dollars ($125.00) for each new multi -floor manufactured home; and
8. A used manufactured home inspection fee of Seventy -five
Dollars ($75.00) shall be paid by the installer at or before th e
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time of installation of any used manufactured home sited and
installed in this state ; and
9. a. For a used powersports vehicle dealer ’s license, Five
Hundred Dollars ($500.00), and for each place of
business in addition to the principal place of
business, Three Hundred Dollars ($300.00), and
b. For each renewal of a used powersports vehicle
dealer’s license, and renewal for each place of
business in addition to the principal place of
business, Two Hundred Fifty Dollars ($250.00) .
D. 1. The license issue d to each used motor vehicle dealer,
used powersports vehicle dealer, each wholesale used motor vehicle
dealer, each restricted manufactured home park dealer , and each
manufactured home dealer shall specify the location of the place of
business. If the bu siness location is changed, the Oklahoma Used
Motor Vehicle, Dismantler, and Manufactured Housing Commission shall
be notified immediately of the change and the Commission may endorse
the change of location on the license. The fee for a change of
location shall be One Hundred Dollars ($100.00), and the fee for a
change of name, Twenty -five Dollars ($25.00). The license of each
licensee shall be posted in a conspicuous place in the place or
places of business of the licensee.
2. The license issued to each manufactured home installer and
each manufactured home manufacturer shall specify the location of
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the place of business. If the business location is changed, the
Oklahoma Used Motor Vehicle, Disma ntler, and Manufactured Housing
Commission shall be notifi ed immediately of the change and the
Commission may endorse the change of location on the license without
charge. The license of each licensee shall be posted in a
conspicuous place in the place or places of business of the
licensee.
3. Every manufacture d home installer shall have the license
available for inspection at the primary place of business of the
licensee. This license shall be valid for the licensee and all of
the employees of the licen see. Any person who is not an employee of
the licensee must obtain a separate manufactured home installer
license regardless of whether such person is acting in the capacity
of a contractor or subcontractor.
E. 1. a. Each applicant for a used motor vehicle dealer ’s or
used powersports vehicle dealer’s license shall
procure and file with the Commission a good and
sufficient bond in the amount of Twenty -five Thousand
Dollars ($25,000.00). Each new applicant for a used
motor vehicle dealer ’s license or used powersports
vehicle dealer’s license for the purpose of co nducting
a used motor vehicle auction shall procure and file
with the Commission a good and sufficient bond in the
amount of Fifty Thousand Dollars ($50,000.00). An
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applicant who intends to conduct a used motor vehicle
auction who provides proof that the applicant has
check and title insurance in an amount not less than
Fifty Thousand Dollars ($50,000.00) shall only be
required to have a bond in the amount of Twenty -five
Thousand Dollars ($25,000.00 ).
b. Each new applicant for a used motor vehicle dealer
license or used powersports vehicle dealer license for
the purpose of conducting a used motor vehicle
business which will consist primarily of non -auction
consignment sales which are projected to equal Five
Hundred Thousand Dollars ($500,000.00) or more in
gross annual sales shall procure and file with the
Commission a good and sufficient bond in the amount of
Fifty Thousand Dollars ($50,000.00). The Commission
shall prescribe by rule the method of o peration of the
non-auction consignment dealer in order to properly
protect the interests of all parties to the
transaction and to provide sanctions against dealers
who fail to comply with the rules.
c. Each applicant for a wholesale used motor vehicle
dealer’s license shall procure and file with the
Commission a good and sufficient bond in the amount of
Twenty-five Thousand Dollars ($25,000.00).
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d. Any used motor vehicle dealer or used powersports
vehicle dealer who, for the purpose of being a
rebuilder, applies for a rebuilder certificate, as
provided in Section 591.5 of this title, whether as a
new application or renewal, shall procure and file
with the Commission a good and sufficient bond in the
amount of Fifteen Thousand Dollars ($15,000.00), in
addition to any other bonds required.
e. Each applicant for a ma nufactured home dealer ’s
license or a restricted manufactured home park
dealer’s license shall procure and file with the
Commission a good and sufficient bond in the amount of
Thirty Thousand Dollar s ($30,000.00).
f. Each manufactured home manufacturing fa cility selling
directly to a licensed manufactured home dealer or
restricted manufactured home park dealer in this state
shall procure and file with the Commission a good and
sufficient bond in the amount of Thirty Thousand
Dollars ($30,000.00). In additi on to all other
conditions and requirements set forth herein, the bond
shall require the availability of prompt and full
warranty service by the manufacturer to comply with
all warranties expressed or implied in connection with
each manufactured home which is manufactured for
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resale or use in this state. A manufacturer may not
sell, exchange, or lease -purchase with an option to
own in any form a manufactured home to a person in
this state directly or indirectly through a
distributor or third party who is n ot a licensed
manufactured home dealer or a restricted manufactured
home park dealer.
g. The bond shall be approved as to form by the Attorney
General and conditioned that the applicant shall not
practice fraud, make any fraudulent representation, or
violate any of the provisions of Section 581 et seq.
of this title in the conduct of the business for which
the applicant is licensed. One of the purposes of the
bond is to provide reimbursement for any loss or
damage suffered by any person by reason of issuan ce of
a certificate of title by a used motor vehicle dealer,
used powersports vehicle dealer, a wholesale used
motor vehicle dealer, a restricted manufactured home
park dealer or a manufactured home dealer.
2. The bonds as required by this section shall b e maintained
throughout the period of licensure. Should the bond be canceled for
any reason, the license shall be revoked as of the date of
cancellation unless a new bond is furnished prior to such date.
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F. Any used motor vehicle dealer , used powersports vehicle
dealer, or wholesale used motor vehicle dealer is required to
furnish and keep in force a minimum of Twenty -five Thousand Dollars
($25,000.00) of single liability insurance coverage on all vehicles
offered for sale or used in any other capacity in demonstrating or
utilizing the streets and roadways in accordance with the financial
responsibility laws of this state.
G. Any manufactured home dealer or restricted manufactured home
park dealer is required to furnish and keep in force a minimum of
One Hundred Thousand Dollars ($100,000.00) of garage liability or
general liability with products and completed operations insurance
coverage.
H. Any manufactured home installer is required to furnish and
keep in force a minimum of Twenty -five Thousand Dollar s ($25,000.00)
of general liability with products and completed operations
insurance coverage.
SECTION 5. AMENDATORY 47 O.S. 2021, Section 584, as last
amended by Section 58, Chapter 452, O.S.L. 2024 (47 O.S. Supp. 2024,
Section 584), is amended to read as follows:
Section 584. A. The Oklahoma Used Motor Vehicle, Dismantler,
and Manufactured Housing Commission may deny an application for a
license, impose a fine not to exc eed One Thousand Dollars
($1,000.00) per occurrence and/or revoke or suspend a license after
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it has been granted, when any provision of Sections 581 through 588
of this title is violated or for any of the following reasons:
1. On satisfactory proof of unfitness of the applicant or the
licensee, as the case may b e, under the standards established by
Sections 581 through 588 of this title;
2. For fraud practices or any material misstatement made by an
applicant in any application for license under the provi sions 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 granted res ulting 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 vehicle dealer, used powersports vehic le
dealer, a used motor vehicle salesperson, a wholesale u sed motor
vehicle dealer, or a manufactured home dealer, a restricted
manufactured home park dealer, a manufactured home installer, a
manufactured home salesperson or a manufactured home manufacturer
who:
a. resorts to or uses any false or misleading adver tising
in connection with business as a used motor vehicle
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dealer, used powersports vehicle dealer, wholesale
used motor vehicle dealer or a restricted manufactured
home park dealer or manufactured home dealer,
installer or manufacturer,
b. has committed any unlawful act which resulted in the
revocation of any similar license in another state,
c. has been convicted of a felony crime that
substantially relates to the occupation of a used
motor vehicle dealer, a used powersports vehicle
dealer, a wholesale used motor vehicle dealer, a
manufactured home dealer, a restricted manufactured
home park dealer, a manufactured home installer or a
manufactured home manufacturer and poses a reasonable
threat to public safety,
d. has committed a fraudulent act in selling, purchasing
or otherwise dealing in motor vehicles , powersports
vehicles, or manufactured homes or has misrepresented
the terms and conditions of a sale, purchase , or
contract for sale or purchase of a motor vehicle ,
powersports vehicle, or manufactured home or any
interest therein including an option to purchase such
motor vehicles, powersports vehicle, or manufactured
homes,
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e. has engaged in business under a past or present
license issued pursuant to Sections 581 through 588 of
this title, in such a mann er as to cause injury to the
public or to those with whom the licensee is dealing,
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 furnish and keep in force a ny
bond required under Sections 581 through 588 of this
title,
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 connection with the sale of used
vehicles without first obtaining a certificate 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 financial
responsibility laws of this st ate, or
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d. is not operating from the address shown on the license
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 furnish or keep in force ga rage
liability and completed operations insurance, or
c. is not operating from the address shown on the license
if this change has not been reported to the
Commission; or
9. Being a used powersport s vehicle dealer who:
a. does not have an established plac e of business,
b. employs a person in connection with the sale of used
powersports vehicles without first obtaining a
certificate of registration for the person, or
c. is not operating from the address shown on the license
if this change has not been repor ted to the
Commission.
B. 1. The Commission shall deny an application for a license,
or revoke or suspend a license after it has been granted, if a
manufactured home dealer does not meet the follo wing guidelines and
restrictions:
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a. a display area for ma nufactured homes which is easily
accessible, with sufficient parking for the public,
b. an office for conducting business where the books,
records, and files are kept, with access to a restroom
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 business 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 restricted
manufactured home park dealer license, or revoke or suspend a
license after it has been granted, if a manufactured home park
dealer does not satisfy the following guidelines and re strictions:
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 k ept, with access to a
restroom for the public,
c. maintains a place of business which meets all zoning,
occupancy and other requirements of the appropriate
local government and regular occupancy by a person,
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firm or corporation engaged in the business of selling
manufactured homes inside a park, and
d. maintains a place of business which is separate and
apart from any other dealer ’s location.
C. The Commission shall deny an application for a license, or
revoke or suspend a license after it has been granted , if a
manufactured home installer:
1. Installs or attemp ts to install a manufactured home in a
manner that is not in compliance with installation standards 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 manufactu red home
installers.
D. The Commission shall deny an application for a license, or
revoke or suspend a license after it has been granted, if a
manufactured home manufacturer violates or fails to co mply with any
applicable rule as promulgated by the Commis sion concerning
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 through its retail franchised dealers, or acting
as a broker between a seller and a retail buyer. This subsection
does not prohibit a manufacturer from selling used motor vehicles
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where the retail customer is a nonprofit organization or a fede ral,
state, or local government or agency. This subsection does not
prohibit a manufacturer from providing information to a consumer for
the purpose of marketing or facilitating the sale of used motor
vehicles or from establishing a program to sell or off er to sell
used motor vehicles through the manufacturer ’s retail franchised
dealers as provided for in Sections 561 through 580.2 of this title.
This subsection shall not prevent a factory from obt aining 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 grounds for the action to the applicant
in writing and allow the applican t sixty (60) days to resolve any
issues that are the grounds for the action.
G. Each of the aforementioned grounds for suspension,
revocation, or denial of issuance or renewal of license shall also
constitute a violation of Sections 581 through 588 of thi s 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 imposition of any other penalty by the Commission
shall be in addition to an y penalty which might be imposed upon any
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licensee upon a conviction at law for any violation of Sections 581
through 588 of this title.
H. As used in this section:
1. “Substantially relates ” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat ” means the nature of criminal
conduct for which the person was convi cted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 6. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
February 20, 2025 - DO PASS