Struck = removed from the bill ยท
added = the amendment's new text.
AnSB641 ActFULLAMD2 ENROLLEDMark SENATETedford-MJ BILL4/15/2025 NO.1:41:27 pm COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER:
641CHAIR: By:
PaxtonI ofmove to amend SB641 Of the Senateprinted andBill TedfordPage 4 Section 4 Lines 17-19 Of the Engrossed Bill By deleting the language starting with the words "vehicles with a lithium- ion battery" and Hillending ofwith the Housewords An"hissing Actsounds" relatingand toinserting motorin vehiclelieu repair;thereof the following:
creating"fully electric vehicles with collision damages, if the Oklahomavehicle Motoris Vehiclestored Consumerpursuant Protectionto Act;the Original Equipment manufacturer requirements." On Pages 4-5, Section 4, Lines 22-1, by deleting the language starting with the words "One Hundred Fifty-six Dollars" through the words "hissing sounds" and inserting in lieu thereof the following:
providing"Two shortHundred title;Dollars ($200.00) per calendar day for fully electric vehicles with collision damage, if the vehicle is stored pursuant to the Original Equipment manufacturer requirements" AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by:
definingMark terms;Tedford Adopted:
establishing_____________________________ certain______________________________________ hourlyReading marketClerk rate for labor;
directing Insurance Department to adjust certain hourly market rate for labor;
prohibiting certain administrative charges from exceeding certain amount;
establishing certain maximum daily storage rates;
authorizing certain increase in certain maximum daily storage rates;
providing certain exceptions;
requiring certain written invoice;
allowing adjustment of certain maximum daily storage rates;
providing for codification;
and providing an effective date.
SUBJECT:
Motor vehicle repair costs BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1271 of Title 36, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma Motor Vehicle Consumer Protection Act".
SECTION 2.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1272 of Title 36, unless there is created a duplication in numbering, reads as follows:
As used in this act:
1.
"Administrative charges" shall include, but not be limited to, the cost of:
a.
file creation, b.
repair orders, c.
vehicle travel on a customary standard drivable rolling vehicle, d.
vehicle identification, e.
software charges, f.
communication with vehicle owners and insurance representatives and any other party involved in the repair or total loss determination, g.
prewashes, h.
COVID-19 cleaning or bio-cleaning, i.
charges related to photographs and electronic communications, j.
charges for work that is not for obtaining labor, parts, and materials, k.
securing removed parts, and l.
relocating parts back into a vehicle determined to be a total loss;
2.
"Auto body repair" means all auto body repair shop repairs, maintenance, painting, exterior body work, part replacements, assessment, and diagnostic testing provided to an insurance company to determine a motor vehicle total loss;
3.
"Auto body repair shop" means any commercial entity engaged in the business or occupation of performing auto body repairs on the body of a motor vehicle;
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641 Page 2 4.
"Insurance company" means the person or entity responsible for charges incurred by the insured at an auto body repair shop as a result of repairs or charges incurred in determining a total loss of a motor vehicle as provided for in Section 1250.8 of Title 36 of the Oklahoma Statutes;
5.
"Motor vehicle" means the same as defined in Section 1-134 of Title 47 of the Oklahoma Statutes;
6.
"Owner" means the owner of the vehicle;
and 7.
"Storage rates" means all charges and fees related to the auto body repair shop retaining actual physical possession of a motor vehicle during the time when the auto body repair shop exercises control, supervision, care, security, protection, and responsibility over the motor vehicle.
SECTION 3.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1273 of Title 36, unless there is created a duplication in numbering, reads as follows:
A.
Upon the effective date of this act, the hourly market rate for labor for administrative charges as defined in Section 2 of this act, as the rate relates to total loss vehicles, shall be in accordance with the prevailing market price determined pursuant to subsection H of Section 1250.8 of Title 36 of the Oklahoma Statutes.
The Insurance Commissioner may adjust the hourly market rate for labor to account for inflation annually beginning on January 1, 2027.
Such adjustment shall be made based on the market surveys conducted pursuant to Section 365:15-1-26 of the Oklahoma Administrative Code.
B.
Administrative charges, as such charges relate to total loss vehicles, shall not exceed the hourly market rate for labor pursuant to this section and may only be billed up to four (4) hours.
SECTION 4.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1274 of Title 36, unless there is created a duplication in numbering, reads as follows:
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641 Page 3 A.
The maximum daily storage rate allowed to be charged by an auto body repair shop and mandatory reimbursement rates for insurers for a motor vehicle total loss for each calendar day, for the first ten (10) calendar days the vehicle is in the possession of the shop, shall be Thirty-nine Dollars ($39.00) for all motor vehicles of any size, including marine vessels, and One Hundred Twenty-five Dollars ($125.00) for vehicles with lithium-ion batteries that have sustained damage to the battery pack or have exhibited fire, smoke, or popping or hissing sounds, if the vehicle is stored pursuant to the original equipment manufacturer requirements.
B.
On the eleventh calendar day, the maximum daily storage rate may increase to Seventy-five Dollars ($75.00) per calendar day for all motor vehicles of any size, include marine vessels, and to Two Hundred Dollars ($200.00) per calendar day for vehicles with lithium-ion batteries that have sustained damage to the battery pack or have exhibited fire, smoke, or popping or hissing sounds, if the vehicle is stored pursuant to the original equipment manufacturer requirements, if the estimate or supplement on total loss vehicles is not approved by the insurance company within the first seven (7) days and the auto body repair shop has a written record showing the date, time, and type of communication made to the insurance company requesting such supplementals.
Requests for supplementals to determine a total loss shall be made before the tenth day following the request.
C.
The provisions of subsections A and B of this section shall not apply to vehicles in which the damage to the vehicle necessitates indoor storage and the insurance company has approved indoor storage of the vehicle in advance at an agreed rate.
D.
Each auto body repair shop shall provide written invoices and respond to requests for invoices concerning the pickup, release, or delivery of a motor vehicle on its premises to the insurance company within eight (8) business hours.
E.
The maximum daily storage rate set forth in this section shall apply to direct repair programs.
F.
The maximum daily storage rate may be increased upon approval by the Oklahoma Insurance Department based on current market conditions.
Adjustments to the maximum daily storage rate ENR.
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641 Page 4 shall be made annually based on bulletins issued by the Oklahoma Insurance Department which shall be based on the Consumer Price Index.
The Oklahoma Insurance Department shall promulgate the rules necessary to fulfill the requirements of this subsection.
SECTION 5.
This act shall become effective November 1, 2025.
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641 Page 5 Passed the Senate the 19th day of May, 2025.
Presiding Officer of the Senate Passed the House of Representatives the 8th day of May, 2025.
Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By:
_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By:
_________________________________ ENR.
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