1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 841 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to motor vehicle storage rates;
7 amending 47 O.S. 2021, Section 953.2, which relates
8 to fees and charges for storage of towed vehicles;
8 modifying inclusions; and providing an effective
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 47 O.S. 2021, Section 953.2, is
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14 amended to read as follows:
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15 Section 953.2. A. The rates established by order of the
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16 Corporation Commission shall determine the maximum fees and charges
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17 for the storage and after-hours release of nonconsensual towed
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18 vehicles, including incorporated and unincorporated areas, by a
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19 wrecker or towing service licensed by the Department of Public
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20 Safety and repair facilities as defined in Section 953 of Title 15
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21 of the Oklahoma Statutes. No wrecker or towing service or repair
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22 facilities shall charge any fee for nonconsensual towed vehicles and
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23 storage which exceeds the maximum rates established by the
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24 Commission. Such rates shall be in addition to any other rates,
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 1 fees or charges authorized, allowed or required by law, including
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2 environmental remediation fees and services.
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3 B. 1. Storage or after-hours release of a towed vehicle, or
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4 both, provided by a wrecker or towing service or by a repair
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5 facility shall be recorded by the operator on a bill or invoice as
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6 prescribed by rules of the Department.
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7 2. Nothing herein shall limit the right of an operator or
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8 repair facility who has provided or caused to be provided storage or
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9 after-hours release of a towed vehicle, or both, to require
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10 prepayment, in part or in full, or guarantee of payment of any
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11 charges incurred for providing such services.
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12 3. This section shall not be construed to require an operator
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13 or repair facility to charge a fee for the storage or after-hours
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14 release, or both, of any towed vehicle.
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15 4. The operator or repair facility is authorized to collect all
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16 lawful fees from the owner, lienholder or agent of the towed vehicle
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17 or insurer accepting liability for paying the claim for a vehicle or
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18 purchasing the vehicle as a total loss vehicle from the registered
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19 owner for the performance of any and all such services. An operator
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20 or repair facility shall release the vehicle from storage upon
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21 authorization from the owner, agent or lienholder of the vehicle or
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22 in the case of a total loss, the insurer accepting liability for
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23 paying the claim for the vehicle or purchasing the vehicle where the
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24 vehicle is to be moved to an insurance pool yard for sale.
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 1 C. The rates in subsections D through F of this section shall
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2 be applicable until superseded by rates established by the
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3 Commission.
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4 D. Outdoor Storage Rates.
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5 1. Rates in this subsection shall apply to the outdoor storage
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6 of a towed vehicle. Rates may be applied from the time the towed
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7 vehicle is brought onto the outdoor storage facility premises.
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8 Rates shall apply to each calendar day of outdoor storage; provided,
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9 the maximum twenty-four-hour fee, as provided for in this section,
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10 may be charged for any towed vehicle which is stored for a portion
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11 of a twenty-four-hour period.
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12 2. Maximum outdoor storage rates shall be as follows:
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13 Rate per Each
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14 24-hour Period or
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15 Type of Towed Vehicle Portion Thereof
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16 Single vehicle: motorcycle, automobile,
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17 or light truck up to 20 feet in length $15.00
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18 Single vehicle or combination of vehicles
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19 over 20 feet in length but less than 30
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20 feet in length $20.00
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21 Single vehicle or combination of vehicles
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22 over 30 feet in length and up to 8 feet
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23 in width $25.00
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 1 Single vehicle or combination of vehicles
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2 over 30 feet in length and over 8 feet
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3 in width $35.00
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4 E. Indoor Storage Rates:
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5 1. Rates in this subsection shall apply to the indoor storage
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6 of a towed vehicle. Rates may be applied from the time the towed
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7 vehicle is brought into the indoor storage facility premises. Rates
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8 shall apply to each calendar day of indoor storage; provided, the
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9 maximum twenty-four-hour fee, as provided for in this section, may
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10 be charged for any towed vehicle which is stored for a portion of a
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11 twenty-four-hour period.
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12 2. Maximum indoor storage rates shall be as follows:
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13 Rate per Each
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14 24-hour Period or
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15 Type of Towed Vehicle Portion Thereof
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16 Single vehicle: motorcycle, automobile,
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17 or light truck up to 20 feet in length $25.00
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18 Single vehicle or combination of vehicles
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19 over 20 feet in length but less than 30
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20 feet in length $30.00
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21 Single vehicle or combination of vehicles
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22 over 30 feet in length and up to 8 feet
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23 in width $35.00
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 1 Single vehicle or combination of vehicles
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2 over 30 feet in length and over 8 feet
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3 in width $45.00
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4 3. For purposes of this subsection, “indoor storage” means the
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5 vehicle is kept in an enclosed facility.
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6 F. After-Hours Release Rate.
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7 1. The rate in this subsection shall apply to the release of a
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8 towed vehicle to the owner, lienholder, or agent when such release
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9 occurs at a time other than normal business hours.
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10 2. As used in this subsection:
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11 a. “after-hours release rate” shall mean the rate charged
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12 for the release of a towed vehicle between the hours
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13 of midnight and 8:00 a.m., or between the hours of
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14 4:00 p.m. and midnight Monday through Friday, or any
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15 time on Saturday, Sunday or a national holiday, and
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16 b. “national holiday” shall mean New Year’s Day, Martin
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17 Luther King Day, George Washington’s Birthday, on the
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18 third Monday in February, Memorial Day, Independence
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19 Day, Labor Day, Veterans Day, Thanksgiving Day and
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20 Christmas Day, and shall further include the Friday
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21 before such national holiday which falls on a Saturday
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22 and the Monday following such national holiday which
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23 falls on a Sunday.
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 1 3. The maximum after-hours release rate shall be Fifteen
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2 Dollars ($15.00) per quarter hour for the release of any single
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3 vehicle or combination of vehicles.
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4 G. An operator or repair facility shall be required to provide
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5 reasonable documentation to substantiate all lawful fees charged the
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6 owner, lienholder, agent or insurer accepting liability for paying
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7 the claim for the towed vehicle or purchasing the towed vehicle.
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8 Fees for which the operator or repair facility is being reimbursed,
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9 or having paid to a third party, shall include copies of the invoice
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10 or other appropriate documents to substantiate the payment to the
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11 third party.
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12 SECTION 2. This act shall become effective November 1, 2023.
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14 59-1-1516 JES 1/19/2023 9:14:39 PM
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