Oklahoma HB 1073: Motor vehicles; salvage titles; notification of penalty; requiring Service Oklahoma to cancel certain certificates of title; mailing of documents; effective date.

Bill Text

HB1073 FULLPCS1 David Smith-JBH
2/7/2023 3:40:29 pm
AMEND TITLE TO CONFORM TO AMENDMENTS

Amendment submitted by: David Smith
Adopted: _____________________________

______________________________________
Reading Clerk

COMMITTEE AMENDMENT
HOUSE OF REPRESENTATIVES
State of Oklahoma

SPEAKER:

CHAIR:

I move to amend HB1073
Of the printed Bill
Page Section Lines
Of the Engrossed Bill

By striking the Title, the Enacting Clause, the entire bill, and by
inserting in lieu thereof the following language:

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STATE OF OKLAHOMA

1st Session of the 59th Legislature (2023)

PROPOSED COMMITTEE
SUBSTITUTE
FOR
HOUSE BILL NO. 1073 By: Smith

PROPOSED COMMITTEE SUBSTITUTE

An Act relating to motor vehicles; amending 47 O.S.
2021, Section 1111, as amended by Section 123,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1111), which relates to salvage titles; requiring
notification of penalty; requiring Service Oklahoma
to cancel certain certificates of title; requiring
issuance of certain certificate of title; requiring
the mailing of certain documents; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1111, as
amended by Section 123, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1111), is amended to read as follows:
Section 1111. A. As used in this section:
1. "Loss" means the cost, in dollars, to repair or replace a
vehicle which has been damaged by collision or other occurrence.
The amount paid by an insurer to a holder of the certificate of

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title for repair of a damaged vehicle shall be prima facie evidence
of the amount of the loss. The amount paid by an insurer to a
holder of the certificate of title for replacement of a damaged
vehicle less the resale value of the damaged vehicle shall be prima
facie evidence of the amount of the loss;
2. "Fair market value" means the value of a vehicle as listed
in the current National Auto Dealers Association guidebook or other
similar guidebook or the actual cash value, whichever is greater;
3. "Resale value" means the amount, in dollars, paid to the
holder of a certificate of title by a willing buyer for a vehicle
damaged by collision or other occurrence or recovered from theft;
4. "Total loss" means a loss which is equal to the fair market
value of the vehicle immediately prior to the damage to or theft of
the vehicle; and
5. "Vehicle" means a vehicle, as defined in paragraph 40 41 of
Section 1102 of this title, manufactured within the last ten (10)
model years.
B. Any insurance company that pays a total loss on a claim for
any vehicle including, but not limited to, a flood-damaged vehicle
or recovered-theft vehicle, any junk dealer who receives a motor
vehicle which is to be used for junk or for parts, or any other
person permanently dismantling or junking a vehicle shall receive
the certificate of title from the current holder of the certificate
of title, shall detach the license plate from the vehicle, and shall

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return the license plate and the certificate of title to Service
Oklahoma or a licensed operator within thirty (30) days from receipt
of the certificate, or insurance companies may provide alternate
documentation within thirty (30) days pursuant to subsection P of
Section 1105 of this title. Service Oklahoma shall cancel the
certificate of title to the vehicle used for junk or parts and shall
preserve the vehicle identification numbers on the certificate of
title in the computer files for at least five (5) years. No
certificate of title may be reissued on a junked vehicle as defined
in Section 1105 of this title, unless reissued pursuant to paragraph
3 of subsection C of this section. Service Oklahoma shall transfer
ownership of a stolen vehicle, not recovered from theft at the time
of transfer, by salvage or unrecovered-theft title to the insurer.
Service Oklahoma shall transfer ownership of a vehicle damaged by
flooding or other occurrence to the insurer by an original title,
salvage title, or junked title, as may be appropriate, based upon an
estimate of the amount of loss submitted by the insurer. All
license plates surrendered to Service Oklahoma shall be destroyed.
C. 1. If an insurance company pays a claim for a loss which is
less than a total loss but the cost of repairing the vehicle for
safe operation on the highway exceeds sixty percent (60%) of the
fair market value of the vehicle, or if any vehicle not insured is
damaged to the extent that the cost of repair for safe operation on
the highway exceeds sixty percent (60%) of the fair market value of

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the vehicle, any holder of the certificate of title for the vehicle
shall return the