ENROLLED SENATE
BILL NO. 299	By:  Bingman of the Senate

				and

			Thompson of the House

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 1115.1, as amended by Section 14, Chapter 522, O.S.L. 2004 (47 O.S. Supp. 2008, Section 1115.1), which relates to penalties; transferring authority to sell certain seized vehicles from Corporation Commission to Department of Central Services; 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 1115.1, as amended by Section 14, Chapter 522, O.S.L. 2004 (47 O.S. Supp. 2008, Section 1115.1) is amended to read as follows:

Section 1115.1  In addition to the penalties provided in the Oklahoma Vehicle License and Registration Act, after ninety (90) days from the expiration date for annual registration of a vehicle, the Corporation Commission, Department of Public Safety, county sheriffs, and all other duly authorized peace officers of this state may seize and take into custody every vehicle owned within this state not bearing or displaying a proper license plate required by the Oklahoma Vehicle License and Registration Act.  The vehicle shall not be released to the owner until it is duly registered and the license, registration, or title fee and penalties due are paid in full, proof of security or an affidavit that the vehicle will not be used on public highways or public streets, as required pursuant to Section 7-600 et seq. of this title, is furnished, and the cost of seizure, including the reasonable cost of taking the vehicle into custody and storing the vehicle, have been paid.  In the event the owner of any vehicle seized fails to pay such fees and penalties due, together with cost of seizure and storage, and fails to provide proof of security or an affidavit that the vehicle will not be used on public highways or public streets, the Corporation Commission Department of Central Services shall proceed to sell the vehicle by posting not fewer than five notices of sale in five different public places in the county where the vehicle is located, one of such notices to be posted at the place where the vehicle is stored.  A copy of the notice shall also be sent by certified mail, restricted delivery, with return receipt requested, to the last-known address of the registered owner of the vehicle.  The vehicle shall be sold at such sale subject to the following terms and conditions:

1.  In the event the sale price is equal to, or greater than, the total costs of sale, seizure and the fee and penalty, the purchaser shall be issued a certificate of purchase, license plate, manufactured home registration receipt and decal and registration certificate;

2.  In the event the sale price is less than the total costs of sale, seizure, and the fee and penalty, the vehicle shall be sold as junk to the highest bidder, whereupon the bidder shall receive a certificate of purchase; and if the vehicle be dismantled, the record to the junked vehicle shall be canceled.  If not dismantled, the vehicle shall be immediately registered; and

3.  Any residual amount remaining unclaimed by the delinquent owner shall be administered in accordance with the Uniform Unclaimed Property Act.

SECTION 2.  This act shall become effective July 1, 2009.

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 Senate the 5th day of May, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 14th day of April, 2009.

	
Presiding Officer	of the House
	of Representatives