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Oklahoma Legislative Update

By ADR Staff

1st Session of the 55th Legislature

07/01/2015 - Final Update


SB 796 Modifies the Title 42 possessory lien process relating to motor vehicles [Sen. Sykes and Rep. Denney].

Laid over until the 2016 session.

OIADA will continue to monitor the bill.


SB 465 Deals with motor vehicle lien releases and certificates of title [Sen. Quinn and Rep. Ownbey]

Signed by the Governor on 05/01/2015 to be effective 11/01/2015.

 Under current law, a secured party is required to furnish a lien release to the Tax Commission and to the debtor within seven days following satisfaction of the security interest. Failure to provide the release within seven days makes the secured party liable to the debtor for a penalty of $100.

 Upon enactment of SB 465, failure by the secured party to provide such release after seven days and upon written demand from the debtor, makes the secured party liable to a penalty of $100 per day up to a maximum $1,500 or the value of the vehicle, whichever is less.


SB 592 Changes Used Motor Vehicle & Parts Commission licensing requirements, fee structure, and fines [Sen. Anderson, Sen Pittman, and Rep. Grau].

Signed by the Governor on 06/04/2015 to be effective 11/01/2015

 Under SB 592, all licenses shall be issued for a period of two years beginning January 1, 2016.

 The two-year used dealer licensing fee for new applications will be $600 versus the current $300 for a one year license.

 The two-year used dealer licensing fee for renewals will be $300 versus the current $150.

 Used salesperson licenses and renewals will be $50 versus the current $25.

 Under SB 592, the UMV&PC will no longer issue buyer’s identification cards.

 SB 592 clarifies a used salesperson’s authority to use a dealer license plate for demonstrating, transporting or any other normal business of a dealer.


HB 1516 – Stalking and the use of GPS devices [Rep. Peterson and Sen. David]  

Laid over for the 2016 session.

 Defines “following” (with respect to stalking) to include tracking through the use of a GPS device without the consent of the individual being monitored..

 OIADA will continue efforts to exempt the use of GPS devices by lien holders from the definition of “following.”


HB 1904 Motor Vehicle Certificates of Title and Liens [Rep. Johnson and Sen. Barrington]

Laid over for the 2016 session.

 Requires motor vehicle owners send notice to secured lien holders and the issuer of compulsory insurance before being allowed to place additional names on a motor vehicle title.

 The owner of the vehicle shall be required to file an affidavit with the Tax Commission that all required notifications have been made.

 The affidavit signed by the customer will include the names and addresses of the entities (lien holder and insurance company) that were notified.

 The Tax Commission will then mail a copy of the affidavit to those same entities.


SB 160 County impound fee [Sen. Barrington and Rep. Christian]

Referred to the County and Municipal Government Committee.

 Authorizes county sheriffs to impose a reasonable fee charged to the record owner(s) of any vehicle subject to impoundment by the sheriff’s office.

 OIADA notes that some municipalities are currently imposing a similar impoundment fee, but the fee is typically no assessed against lien holders.


SB 339 Notarization of Certificates of Title [Sen. Loveless and Rep. Grau]

Signed into law by the governor on 05/12/2015 to be effective 11/01/2015

 Under current law, the sale or transfer of a licensed motor vehicle requires the title assignment to be notarized.

 SB 339 removes such notarization requirement if the transfer is to an insurer resulting from the settlement of a total loss claim.


SB 451 Deals with sellers of certain off-road vehicles [Sen. Brinkley and Rep. Thomsen]

Signed into law by the governor on 05/01/2015 to be effective 11/01/2015

 Clarifies that retail implement dealers are not considered used motor vehicle dealers with respect to their sales of off-road  utility vehicles.

 Defines “retail implement dealer” to be a business engaged primarily in the sale of farm tractors or implements of husbandry.

 Excludes from the definition of “used motor vehicle” any all-terrain vehicles, utility vehicles, and motorcycles used exclusively for off-road use which are sold by retail implement dealers.

 Exempts retail implement dealers from any excise tax typically required in a vehicle sale.


SB 453 Modifies provisions relating to reporting of stolen or converted vehicles [Sen. Quinn and Rep. Lepak].

The governor vetoed the bill on 05/06/2015 because of concerns that it would cause an improper use of local police forces’ time and energy.

 Currently, the Department of Public Safety may disregard reports of conversion of a vehicle if no warrant has been issued for the arrest of the person charged with the conversion.

 Under SB 453, the Department would no longer be authorized to disregard such reports.

 The Department shall consider the vehicle to be stolen or converted if the person last known to be in possession of the vehicle fails, refuses or neglects to return the vehicle to the owner or lienholder in violation of any lawful court order.  


SB 623 Redefines “utility vehicle” and authorizes the operation of certain utility vehicles on streets and highways [Sen. Marlatt and Rep. Biggs]

Referred to the Public Safety Committee on 03/18/2015 with no further action

 Changes the current definition of “utility vehicle” to “utility off-road vehicle.”

 Adds a new definition for “utility vehicle” and authorizes that newly defined vehicle to operate on public streets and highways. The bill was.


SB 823 Modifies service contract information and defines unfair or deceptive acts or practices [Senate Insurance Committee and Rep. Randy McDaniel].

Referred to the Rules committee on 03/17/2015 and no further action was taken.

 As originally introduced, SB 823 defined the offering of a free service warranty as an inducement to purchase an item to be an unfair or deceptive act. The bill was amended, however, and that provision was stricken.

 The current version of the bill maintains that the failure to provide the consumer with a complete sample copy of the terms and conditions of the service warranty prior to the time of sale is an unfair and deceptive act.







2nd Session of the 54th Legislature


06/03/2014 - Final Update


Senate Bill 582 - An act relating to Title 42 Possessory Liens [Brinkley (S) / Quinn (H)]

Status: Passed the Senate 05/22/2014 and the House 05/23/2014.

Sent to the Governor for signature 05/23/2014.

Signed by the Governor 06/03/2014 to become effective 11/01/2014.




House Bill 1516 - Oklahoma Car Crusher Act [Jackson and Barrington]

Status: Passed the Senate 05/22/2014 and the House 05/22/2014.

Sent to the Governor for signature 05/22/2014.

Signed by the Governor 06/03/2014 to become effective 11/01/2014.

UMV&PC will draft and submit implementing rules to the Governor 45 days prior to effective date.




Senate Bill 1588 - An act abolishing the Used Motor Vehicle and Parts Commission [Dahm (S) / Murphey (H)]

Status: Dead.




Senate Bill 1923 - An act relating to the Service Warranty Act [Newberry (S) / Echols (H)]

Status: Passed the Senate 05/21/2014 and the House 05/23/2014.

Sent to the Governor for signature 05/22/2014.

Signed by the Governor 06/03/2014 to become  effective 11/01/2014.




House Bill 3368 - Vehicle Condition Disclosure Act [Echols (H)]

Status: Will not be pursued this year, but may be revisited next year.


Provides for dealer disclosure or disclaimer notice to be provided prior to sale of a motor vehicle.

Dealer may deliver a written disclaimer statement to indicate the seller:

o  has never used or operated the vehicle and makes no disclosures concerning the condition of the vehicle,

o Has no actual knowledge of any defect, and

o Has acquired the vehicle on a particular date.

Dealer may deliver a written disclosure statement containing specific information regarding the condition of the vehicle.

For a vehicle sold pursuant to this Act, the seller shall not be liable for a defect or other condition in the vehicle if the existence of the defect or other condition in the vehicle was disclosed in the disclosure statement.

Additionally, the seller shall not be liable for any erroneous, inaccurate or omitted information supplied to the purchaser as a disclosure required by this Act under certain specified conditions.

For a vehicle sold pursuant to this Act, the purchaser may recover in a civil action only under certain conditions specified in the Act.




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