Title: Short Title:
Author: burksja
Last saved by: sessa
Company: Oklahoma House of Reps

ENGROSSED HOUSE
BILL NO. 2326	By:	Martin (Steve) and Roan of the House

				and

		Justice of the Senate

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 564.1, as last amended by Section 3, Chapter 315, O.S.L. 2008 (47 O.S. Supp. 2009, Section 564.1), which relates to off-premises display and sales of certain vehicles; allowing for off-premises display and sales of certain wrecker vehicles; providing event requirements; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 564.1, as last amended by Section 3, Chapter 315, O.S.L. 2008 (47 O.S. Supp. 2009, Section 564.1), is amended to read as follows:
Section 564.1  ~~Licensing of off-premises displays of new motor vehicles and off-premise sales of new motorized recreational.~~
A.  The Oklahoma Motor Vehicle Commission shall provide for off-premise displays of new motor vehicles and off-premise sales of new motorized recreational vehicles, by currently licensed new motor vehicle dealers as follows:
1.  An off-premise event may be held for display purposes only under the following conditions:
a.	the motor vehicles are for display purposes only and not for sale at the off-premise display event,
b.	no selling activities shall be conducted,
c.	the display is in dealer's factory-approved area of sales and service responsibility~~;~~,
d.	the dealer must obtain written approval from the manufacturer or distributor, and
e.	the dealer is required to obtain approval for the display location from the sponsoring entity; and
2.  An off-premise event by motorized recreational vehicle dealer or dealers, at which selling activities are conducted, may be held only under the following conditions:
a.	permits for a sales event described in this paragraph shall be obtained from the Commission at the rate of Fifteen Dollars ($15.00) per vehicle, per event,
b.	the permit shall be for a period not to exceed ten (10) consecutive days,
c.	the sponsoring entity of the sales event shall obtain a license from the Commission at the rate of Two Hundred Dollars ($200.00) per event,
d.	new motorized recreational vehicle dealers whose factory-approved area of sales and service responsibility includes the event location would be eligible to participate,
e.	new motorized recreational vehicle dealers must obtain written approval from the manufacturer or distributor, and
f.	the off-premise sales event shall be conducted within municipal, county, or state-owned or controlled facilities or within the grounds of any county, district, or state fair.
B.  The Oklahoma Motor Vehicle Commission shall provide for off-premise displays of new upfitted motor wrecker vehicles and off-premise sales of new motorized wrecker vehicles by wrecker and equipment manufacturers or their in-state or out-of-state dealer representatives as follows:
1.  An off-premise upfitted motor wrecker vehicle event may be held for display purposes only under the following conditions:
a.	the upfitted motor wrecker vehicles are for display purposes only and not for sale at the off-premise display event, and
b.	no selling activities shall be conducted; and
2.  An off-premise event by motorized wrecker vehicle dealer or dealers, at which selling activities are conducted, may be held only under the following conditions:
a.	permits for a sales event described in this paragraph shall be obtained from the Commission at the rate of Fifteen Dollars ($15.00) per vehicle, per event,
b.	the permit shall be for a period not to exceed ten (10) consecutive days,
c.	the sponsoring entity of the sales event shall obtain a license from the Commission at the rate of Two Hundred Dollars ($200.00) per event, and
d.	the off-premise sales event shall be conducted within municipal, county, or state-owned or controlled facilities or within the grounds of any county, district, or state fair.
C.  The Oklahoma Motor Vehicle Commission is authorized to provide a variance to the distance requirements specified in this section, for any off-premise display event if:
1.  The off-premise display is conducted within municipal, county, or state-owned or controlled facilities or within the grounds of any county, district, or state fair; and
2.  The request for the variance must be in writing to the Commission no less than thirty (30) days prior to the off-premise display event.
SECTION 2.  This act shall become effective July 1, 2010.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the House of Representatives the 8th day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate

ENGR. H. B. NO. 2326	Page