Oklahoma SB 830: Service liens; requiring payment for service before repossession under certain circumstances. Effective date.

Bill Text

Req. No. 1369 Page 1 
 
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STATE OF OKLAHOMA 
 
1st Session of the 57th Legislature (2019) 
 
SENATE BILL NO. 830 By: Silk 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to service liens; amending 42 O.S. 
2011, Section 91, as last amended by Section 1, 
Chapter 316, O.S.L. 2016 (42 O.S. Supp. 2018, Section 
91), which relates to lien on certain personal 
property for service thereon; requiring payment for 
service before repossession under certain 
circumstances; updating statutory references; and 
providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     42 O.S. 2011, Section 91, as last 
amended by Section 1, Chapter 316, O.S.L. 2016 (42 O.S. Supp. 2018, 
Section 91), is amended to read as follows: 
Section 91.   
A.  1. a. This section applies to every vehicle, all-terrain 
vehicle, utility vehicle, manufactured home, 
motorcycle, boat, outboard motor, or trailer that has 
a certificate of title issued by the Oklahoma Tax 
Commission or by a federally recognized Indian tribe 
in the State of Oklahoma, except as otherwise provided 
in subsection D of this section.  This section does 

 
 
 
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not apply to farm equipment as defined in Section 91.2 
of this title.  The items of personal property to 
which this section applies are collectively referred 
to as "Section 91 Personal Property".  If personal 
property is apparently covered both by this section 
and by Sections 191 through 200 of this title, the 
procedures set out in this section shall apply instead 
of Sections 191 through 200 of this title. 
b. Salvage pools as defined in Section 591.2 of Title 47 
of the Oklahoma Statutes and class AA licensed wrecker 
services taking possession of a vehicle pursuant to an 
agreement with or at the direction of, or dispatched 
by, a state or local law enforcement or government 
agency, or pursuant to the abandoned vehicle renewal 
provisions of Section 954A of Title 47 of the Oklahoma 
Statutes, shall not be subject to the provisions of 
this section, but shall be subject to the provisions 
of Section 91A of this title.  Unless otherwise 
provided by this subparagraph, class AA licensed 
wrecker services performing consensual tows shall be 
subject to the provisions of this section. 
2.  Any person who, while lawfully in possession of an article 
of Section 91 Personal Property, renders any service to the owner 
thereof by furnishing storage, rental space, material, labor or 

 
 
 
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skill for the protection, improvement, safekeeping, towing, right to 
occupy space, storage or carriage thereof, has a special lien 
thereon, dependent on possession, for the compensation, if any, 
which is due to such person from the owner for such service.  In the 
event the owner of the article of Section 91 Personal Property fails 
to pay for services rendered and abandons the property, the 
financial institution that holds a perfected security interest shall 
pay for such services to the special lien holder before repossession 
of the property. 
3.  This special lien shall be subordinate to any perfected 
security interest unless the claimant complies with the requirements 
of this section.  Failure to comply with any requirements of this 
section shall result in denial of any title application and cause 
the special lien to be subordinate to any perfected lien.  Upon such 
denial, the applicant shall be entitled to one resubmission of the 
title application within fifteen (15) business days of receipt of 
the denial, and proceed to comply with the requirements of this 
section.  In the event of a denial, the Notice of Possessory Lien 
and the Notice of Sale may be mailed on the same day in separate 
envelopes and storage charges shall only be charged from the date of 
resubmission.  "Failure to comply" includes, but is not limited to: 
a. failure to timely provide additional documentation 
supporting or verifying any entry on submitted forms as 
requested by the Tax Commission, including but not 

 
 
 
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limited to United States Postal Service proof of return 
receipt requested such as Form 3811 or United States 
Postal Service electronic equivalent, 
b. failure to provide the documentation su