1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1853 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to consumer protection; creating the
7 Oklahoma Motor Vehicle Repair Consumer Protection
8 Act; providing short title; defining terms; providing
8 for consent of service work between parties;
9 requiring itemized bill of all fees and charges;
9 providing for contents of written estimate;
10 prohibiting certain rate and time limit for certain
10 service; providing for limit on administrative fees;
11 requiring payment for storage regardless of purpose
11 of storage; providing allowed daily storage rates;
12 preventing accrual of rates under certain
12 circumstances; providing for written notice to be
13 provided by a motor vehicle repair facility within
13 certain time frame; requiring for fees to be posted
14 conspicuously to the public; preventing certain fee
14 increase; allowing certain fees to be accessed under
15 certain circumstances; providing for codification;
15 and providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 140.8 of Title 15, unless there
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21 is created a duplication in numbering, reads as follows:
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22 This act shall be known and may be cited as the “Oklahoma Motor
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23 Vehicle Repair Consumer Protection Act”.
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 140.9 of Title 15, unless there
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3 is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. “Administrative charges” shall include, but not be limited
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6 to, file creation; repair orders; vehicle travel; parts and vehicle
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7 identification; software charges; communication with vehicle owners
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8 and insurance representatives and any other party involved in the
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9 repair or total loss determination; pre-repair charges; prewashes;
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10 COVID-19 or bio-cleaning; charges related to pre-repair diagnostic
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11 scanning, photographs, electronic communications, parts
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12 identification, and preparation of a repair plan; any charges for
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13 work that is not a repair procedure for obtaining labor, parts, and
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14 materials; securing removed parts; relocating parts back in a
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15 vehicle determined to be a total loss; restocking fees; wrapping and
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16 tarping; and moving vehicles from different locations;
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17 2. “Customer” or “responsible party” means the owner, an agent
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18 of the owner, a family member of the owner, an employee of the
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19 power, insurance representative, or any other person who is or will
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20 be responsible for charges incurred at a motor vehicle repair
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21 facility as a result of repairs or charges incurred in determining a
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22 total loss of a motor vehicle as provided for in Section 1250.8 of
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23 Title 36 of the Oklahoma Statutes;
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 1 3. “Motor vehicle” means every self-propelled vehicle intended
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2 primarily for use and operation on the public streets and highways;
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3 4. “Motor vehicle repair facility” or “garage” means any
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4 commercial entity engaged in the business or occupation of
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5 performing repairs on a motor vehicle, including any repairs or
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6 replacement of body parts, and any mechanical repairs;
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7 5. “Service work” means all repairs, maintenance, painting,
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8 exterior body work, part replacements, evaluation to determine a
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9 total loss motor vehicle, pre-repair evaluation to determine
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10 anticipated service work to be performed, and diagnostic testing of
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11 a motor vehicle performed after the repair process has commenced;
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12 6. “Storage rates” means all charges and fees related to the
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13 motor vehicle repair facility retaining actual physical possession
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14 of a motor vehicle during the time when the motor vehicle repair
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15 facility exercises control, supervision, and responsibility over the
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16 motor vehicle; and
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17 7. “Tear-down process” means the disassembly of a damaged motor
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18 vehicle to a point where the motor vehicle repair facility can
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19 identify the extent of the damage and generate an itemized estimate
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20 for restoring the vehicle to its pre-loss condition.
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21 SECTION 3. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 140.10 of Title 15, unless there
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23 is created a duplication in numbering, reads as follows:
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 1 A. No service work shall be performed by any motor vehicle
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2 repair facility unless the motor vehicle repair facility obtains the
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3 written consent or documented verbal consent of the customer or
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4 responsible party for the fees, charges, and costs, not including
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5 any applicable sales taxes, to be incurred by the customer or
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6 responsible party prior to performing the service work.
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7 B. Prior to performing the service work, the motor vehicle
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8 repair facility shall prepare a written estimate of the proposed
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9 service work with an itemization of all fees, charges, and costs for
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10 the proposed service work, not including any applicable sales taxes,
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11 and an estimated date of the completion of the service work.
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12 C. Prior to performing the service work, the motor vehicle
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13 repair facility shall record on the written estimate the type of
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14 communication, written or verbal, had with the customer or
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15 responsible party and whether the customer or responsible party
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16 consented to the proposed service work. The record shall include
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17 the date, time, manner of consent, verbal or written, telephone
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18 number called to speak with the customer or responsible party, if
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19 any, and the names of the persons giving and receiving such consent.
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20 D. The tear-down process shall neither exceed the billed rate
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21 of Sixty Dollars ($60.00) per hour nor exceed a four-hour maximum
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22 total time of completion. The four-hour maximum total time of
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23 completion for the tear-down process shall not be a flat rate
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24 charged by a motor vehicle repair facility, but shall be the time
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 1 limit allowed, where necessary, based upon the amount of labor
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2 required and difficulty of the evaluation of the specific motor
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3 vehicle being assessed. Prior to performing any of the tear-down
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4 process, the motor vehicle repair facility shall provide a written
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5 estimate to the customer or responsible party with an anticipated
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6 duration of the tear-down process.
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7 E. Administrative charges shall neither exceed the billed rate
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8 of Sixty Dollars ($60.00) per hour nor exceed a four-hour maximum
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9 total time of completion. The four-hour maximum total time of
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10 completion for the administrative charges shall not be a flat rate
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11 charged by a motor vehicle repair facility, but shall be the time
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12 limit allowed, where necessary, based upon the amount of labor and
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13 necessary supporting functions required for the repair of the
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14 specific motor vehicle being serviced.
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15 SECTION 4. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 140.11 of Title 15, unless there
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17 is created a duplication in numbering, reads as follows:
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18 Regardless of the manner of delivery of a motor vehicle to a
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19 motor vehicle repair facility, whether a consensual or nonconsensual
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20 delivery, or whether the service work is for a total loss vehicle or
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21 a repairable vehicle, all administrative and non-repair-related
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22 fees, charges, and costs, not including any applicable sales taxes,
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23 for storage to be incurred by the customer or responsible party for
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 1 a single calendar day may be charged for any vehicle stored for a
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2 portion of a twenty-four-hour period.
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3 SECTION 5. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 140.12 of Title 15, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. The maximum daily inside storage rates allowed to be charged
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7 by a motor vehicle repair facility or garage for each twenty-four-
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8 hour period, regardless of whether that twenty-four-hour period
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9 extends over more than one calendar day, are as follows:
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10 Type of Stored Vehicle Rate Per Each 24-hour
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11 Period or Portion Thereof
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12 Single vehicle: motorcycle, automobile,
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13 or light truck up to 20 feet in length..........$39.00
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14 Single vehicle or combination of vehicles
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15 over 20 feet in length but less than 30
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16 feet in length..................................$47.00
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17 Single vehicle or combination of vehicles
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18 over 30 feet in length and up to 8 feet
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19 in width........................................$55.00
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20 Single vehicle or combination of vehicles
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21 over 30 feet in length and over 8 feet
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22 in width........................................$70.00
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23 B. The maximum daily outside storage rates allowed to be
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24 charged by a motor vehicle repair facility or garage for each
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 1 twenty-four-hour period, regardless of whether that twenty-four-hour
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2 period extends over more than one calendar day, are as follows:
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3 Type of Stored Vehicle Rate Per Each 24-hour
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4 Period or Portion Thereof
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5 Single vehicle: motorcycle, automobile,
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6 or light truck up to 20 feet in length..........$24.00
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7 Single vehicle or combination of vehicles
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8 over 20 feet in length but less than 30
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9 feet in length..................................$32.00
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10 Single vehicle or combination of vehicles
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11 over 30 feet in length and up to 8 feet
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12 in width........................................$39.00
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13 Single vehicle or combination of vehicles
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14 over 30 feet in length and over 8 feet
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15 in width........................................$55.00
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16 C. Storage charges shall neither accrue nor be charged on motor
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17 vehicles that are repaired.
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18 D. Storage charges shall neither accrue nor be charged on any
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19 motor vehicle deemed to be a total loss vehicle until the
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20 determination has been made by the customer or responsible party
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21 that the motor vehicle is a total loss vehicle. The total loss
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22 determination date shall serve as the date upon which storage
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23 charges shall start accruing.
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 1 SECTION 6. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 140.13 of Title 15, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. Each motor vehicle repair facility shall provide written
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5 invoices and respond to requests for invoices concerning the pickup,
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6 release, or delivery of a motor vehicle on its premises within eight
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7 (8) business hours.
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8 B. All fees, charges, and costs, not including any applicable
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9 sales taxes, for service work, including minimum charges, shall be
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10 conspicuously posted and visible to the public on the motor vehicle
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11 repair facility’s website or in writing in the customer-accessible
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12 portion of the motor vehicle repair facility where a customer or
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13 responsible party would pay for service work in person if the
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14 customer or responsible party was physically present at the motor
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15 vehicle repair facility.
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16 SECTION 7. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 140.14 of Title 15, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. A motor vehicle repair facility shall not increase any
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20 charges assessed by a wrecker or towing service licensed by the
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21 Department of Public Safety for a motor vehicle delivered to the
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22 motor vehicle repair facility and shall only pass on those charges
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23 without any markup. The charges assessed by the wrecker or towing
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24 service are considered a sublet item and the receiving of such is
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 1 part of the administrative charges allowed in paragraph 1 of Section
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2 2 of this act.
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3 B. A single additional fee of Fifty Dollars ($50.00) may be
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4 charged for an Oklahoma Title 42 Possessory Lien process over and
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5 above the allowed administrative charges only if the following
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6 requirements have been met:
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7 1. Documentation of the official Oklahoma Title 42 Possessory
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8 Lien filing has been provided to the motor vehicle’s registered
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9 owner in accordance with the procedures mandated by the Oklahoma
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10 Title 42 Possessory Lien process; and
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11 2. Proof of notification that the official Oklahoma Title 42
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12 Possessory Lien filing has been provided to the motor vehicle’s
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13 registered owner shall be documented and kept by the filing person
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14 or business, showing the motor vehicle’s registered owner address,
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15 date upon which notification was made, and manner of notification
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16 made to the motor vehicle’s registered owner.
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17 SECTION 8. This act shall become effective November 1, 2024.
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19 59-2-3282 MR 1/17/2024 5:18:17 PM
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