HB 1261 — Motor vehicles; creating the Wrecker Services Division within the Department of Labor; Corporation Commission; Wrecker and Towing Services Board; Wrecker and Tower Services Board; effective date.

modifying responsible agency;

removing various rates and fees;

removing certain weekly rate and fee adjustment requirement;

removing certain fee mark-up allowance;

requiring wreckers to provide certain list;

requiring certain letterhead for list;

requiring certain updates;

disallowing exceedance of certain prices;

allowing only for certain charges;

listing allowable rates;

disallowing the use of certain equipment and personnel;

requiring certain fees be reasonable;

requiring fuel surcharge be based upon certain prices;

allowing certain adjustment of fuel surcharge;

disallowing certain deviation;

authorizing collection of certain charges;

requiring the posting of certain prices at place of business;

requiring certain investigation for complaints;

requiring certain contempt proceedings be held;

authorizing certain removal from rotation log;

requiring Department make certain communication;

requiring Department make certain statement;

requiring certain opportunity for appeal and resubmission of rates;

requiring certain rates remain in effect until modified;

requiring Department promulgate certain rules;

requiring review of price list after opening complaint;

authorizing certain review;

dividing the state into certain geographic areas;

requiring certain validity determination;

requiring return of certain amount of collected monies;

requiring bringing of charges after certain complaints are made;

requiring certain appeal process;

describing appeal process;

amending 47 O.S.

2021, Section 953.2, as amended by Section 1, Chapter 316, O.S.L.

2023 (47 O.S.

Supp.

2024, Section 953.2), which relates to fees charged for storage and release;

modifying responsible agency;

modifying definition;

removing certain set rates;

amending 47 O.S.

2021, Section 954A, as amended by Section 3, Chapter 334, O.S.L.

(47 Supp.

2024, Section 954A), which relates to abandoned motor vehicles;

modifying responsible entity;

updating language on licensed operators;

amending 47 O.S.

2021, Section 955, as amended by Section 12, Chapter 228, O.S.L.

2022 (47 O.S.

Supp.

2024, Section 955), which relates to towing vehicle from roadway;

modifying responsible agency;

amending 47 O.S.

2021, Section 956, which relates to gifts prohibited;

modifying responsible agency;

amending 47 O.S.

2021, Sections 966, 967, and 968 which relates Req.

No.

12781 Page 2 to the Nonconsensual Towing Act of 2011;

modifying responsible agency;

providing for codification;

and providing an effective date.

4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

The Oklahoma Wrecker Services Division, a division of the Department of PublicLabor, Safety, is hereby created, which shall consist of the Oklahoma Wrecker and Towing Services Board created in Section 2 of this act and such divisions, sections, committees, offices and positions as may be established by the CommissionerDepartment of PublicLabor Safety or by law.

The Division shall employ a Division Director and a team of at least three investigatorsemployees to investigate consumer complaints related to overcharging for nonconsensual towing, recovery, storage feesfees, and violations of the rules promulgated by the Oklahoma Wrecker and Towing Services Board.

Division employees shall act as analysts, administrative assistants, administrative technicians, and investigators.

The1. applicable powers, duties, and responsibilities exercised by the Transportation Division of the Oklahoma Corporation Commission relating to wrecker and towing services shall be fully transferred to the Department on November 1, 2025.

AllThe records,applicable property,powers, equipment,duties, assets,and monies,responsibilities financialexercised interests,by Req.the Transportation Division of the Oklahoma Corporation Commission relating to wrecker and towing services shall be fully HB1261 HFLR Page 2 BOLD FACE denotes Committee Amendments.

No.transferred to the Department of Labor on November 1, 2026.

12781All Pagerecords, 3property, equipment, assets, monies, financial interests, liabilities, matters pending, and funds of the Commission related to wrecker and towing services shall be transferred to the Department.Department of Labor.

2.

With the exception of initial inspections of wrecker and towing facilities and equipment and rotation log requirements performed by the Department of Public Safety, the applicable powers, duties, and responsibilities for regulating the wrecker and towing industry in this state exercised by the Department of Public Safety shall be fully transferred to the Department of Labor on November 1, 2026.

All records, property, equipment, assets, monies, financial interests, liabilities, matters pending, and funds of the Department of Public Safety related to wrecker and towing services shall be transferred to the Department of Labor.

The Department of Labor shall succeed to any contractual rights or responsibilities incurred by the Commission pertaining to wrecker and towing services.

The administrative rules related to wrecker and towing services previously promulgated by the Corporation Commission shall be transferred to and become a part of the administrative rules of the Department of Labor upon the effective date of this act.

The Office of Administrative Rules in the Office of the Secretary of State shall provide adequate notice in "The Oklahoma Register" of theHB1261 transferredHFLR rulesPage and3 shallBOLD placeFACE thedenotes transferredCommittee rulesAmendments. under the Administrative Code section of the Department.

On the effectivetransferred daterules ofand thisshall act,place any amendment, repeal, or addition to the transferred rules shall be under the rulemakingAdministrative authorityCode section of the Department.Department of Labor.

On the effective date of this act, any amendment, repeal, or addition to the transferred rules shall be under the rulemaking authority of the Department of Labor.

TheAside from rules promulgated by the Department of Public Safety pertaining to rotation logs and Commissioninspections mayof enterwrecker intoand antowing agreementfacilities forand equipment, the transferadministrative rules previously promulgated by the Department of personnel,Public ifSafety any,shall frombe transferred to and become a part of the Commissionadministrative torules of the Department.Department of Labor upon the effective date of this act.

NoThe employeeOffice of Administrative Rules in the Office of the Secretary of State shall beprovide transferredadequate tonotice in "The Oklahoma Register" of the Departmenttransferred exceptrules onand shall place the freelytransferred givenrules writtenunder consentthe Administrative Code section of the employee.Department of Labor.

AnyOn employeesthe whoeffective aredate transferredof tothis theact, Departmentany shallamendment, notrepeal, beor requiredaddition to acceptthe atransferred lesserrules gradeshall orbe salaryunder thanthe presentlyrulemaking received.authority of the Department of Labor.

All employees shall retain leave, sick, and annual time earned, and any retirement and longevity benefits which have accrued during Req.

No.

12781 Page 4 their tenure with the Commission.

The transfer of any personnel between the state agencies shall be coordinated with the Office of Management and Enterprise Services.

The Department of Labor, the Corporation Commission, and the Department of Public Safety may enter into an agreement for the transfer of personnel, if any, from the Commission and Department of Public Safety to the Department of Labor.

However, in no instance shall more than four employees receive transfers.

No employee shall be transferred to the Department of Labor except on the freely given HB1261 HFLR Page 4 BOLD FACE denotes Committee Amendments.

written consent of the employee.

Any employees who are transferred to the Department of Labor shall not be required to accept a lesser grade or salary than presently received.

All employees shall retain leave, sick, and annual time earned, and any retirement and longevity benefits which have accrued during their tenure with the Corporation Commission or the Department of Public Safety.

The transfer of any personnel between the state agencies shall be coordinated with the Office of Management and Enterprise Services.

G.

There is hereby createdcreated, pursuant to the Oklahoma Sunset Law until January 1, 2032, the Oklahoma Wrecker and Towing Services Board which shall be the regulatory authority to the DepartmentOklahoma ofWrecker PublicServices SafetyDivision Wreckercreated Servicesin Division.Section 1 of this act.

The Board shall be independent and shall consist of nine (9) members who shall initially serve staggered terms of membership with the Board.

HB1261 HFLR Page 5 BOLD FACE denotes Committee Amendments.

One member, who is in an industry unrelated to any other member of the Board, appointed by the Governor from the state at large whose membership shall expire June 30, 2027;2028;

One member, who is in an industry unrelated to any other member of the Board, appointed by the Governor from the state at large whose membership shall expire June 30, 2028;2029;

One member holding a license or licensed by the BoardDepartment of Labor to engage in commercialnonconsensual insurancetowing who operates in a county with a population of one hundred thousand (100,000) or more, according to the latest Federal Decennial Census, shall be appointed by the GovernorPresident fromPro Tempore of the stateOklahoma atState largeSenate and whose membership shall expire June 30, 2029;2030;

Req.4.

No.One member holding a license or licensed by the Department of Labor to engage in nonconsensual towing who operates in a county with a population of less than one hundred thousand (100,000), according to the latest Federal Decennial Census, shall be appointed by the Speaker of the House of Representatives and whose membership shall expire June 30, 2028;

12781 Page 5 4.

One member licensed by the Board to engage in nonconsensual towing who operates in a county with a population of one hundred thousand (100,000) or more, according to the latest Federal Decennial Census, shall be appointed by the President Pro Tempore of the Oklahoma State Senate and whose membership shall expire June 30, 2027;

One member licensedfrom by the BoardOklahoma toTrucking engageAssociation in nonconsensual towing who operates in a county with a population of one hundred thousand (100,000) or more, according to the latest Federal Decennial Census, shall be appointed by the PresidentSpeaker Pro Tempore of the Oklahoma StateHouse Senateof Representatives and whose membership shall expire June 30, 2028;2029;

One member licensedfrom bylaw theenforcement Board to engage in nonconsensual towing who operates in a county with a population of less than one hundred thousand (100,000), according to the latest Federal Decennial Census, shall be appointed by the SpeakerGovernor of the Oklahoma House of Representatives and whose membership shall expire June 30, 2027;2030;

HB1261 HFLR Page 6 BOLD FACE denotes Committee Amendments.

One member holding a license or licensed by the BoardDepartment of Labor to engage in nonconsensual towing who operates in a county with a population of less than one hundred thousand (100,000), according to the latest Federal Decennial Census, shall be appointed by the SpeakerGovernor of the Oklahoma House of Representatives and whose membership shall expire June 30, 2028;

Req.8.

No.One member from the commercial insurance industry shall be appointed by the Speaker Pro Tempore of the Oklahoma State Senate and whose membership shall expire June 30, 2029;

12781 Page 6 8.

One member who works in law enforcement shall be appointed by the President Pro Tempore of the Oklahoma State Senate and whose membership shall expire June 30, 2029;

One member whofrom is engaged in the commercialOklahoma truckingDepartment insuranceof industryTransportation shall be appointed by the SpeakerGovernor of the House of Representatives and whose membership shall expire June 30, 2029.2030.

Thereafter, persons appointed pursuant to paragraphs 1 through 9 of this subsection shall be appointed for terms of three (3) years beginning July 1.

Members appointed pursuant to paragraphs 3 through 9 of subsection A of this section shall remain engaged in the business ofor nonconsensualindustry towing,described vehiclein repossession,subsection lawA enforcement,of commercialthis insurance,section. and the commercial trucking insurance industry.

Members so appointed who no longer satisfy the requirements for his or her Board position pursuant to subsection A of this section shall provide notification of his or her change of status to his or her appointing authority and to the chairpersonchair of the Oklahoma Wrecker and Towing Services Board and shall resign from the Board within thirty (30) days of the date upon which the member no longer satisfies the requirements of the appointment.

HB1261 HFLR Page 7 BOLD FACE denotes Committee Amendments.

The members shall determine by majority vote of the quorum of the Board who shall serve as chairperson.chair.

The chairpersonchair shall be elected annually, with the right to succeed himself or herself, from the membership of the Board.

Req.D.

No.The Board shall meet at such times that the chair deems necessary, but no meeting shall be held outside the State of Oklahoma.

12781 Page 7 D.

The Board shall meet at such times and places that the chair deems necessary, but no meeting shall be held outside the State of Oklahoma.

The Department of Labor shall provide administrative support and a meeting venue for the Board.

TheNothing Boardin this act shall promulgatebe rulesconstrued to carryauthorize outthe itsBoard intentto andregulate shallconsensual regulatetowing theservices, wreckervoluntary androadside towingassistance, industry,or including:privately negotiated towing contracts.

The Board shall promulgate rules under the authority of the Oklahoma Department of Labor to carry out its intent and shall regulate the wrecker and towing industry in this state, including:

Establishing reasonable licensing,tow insurance,rates andfor equipmentnonconsensual requirementstows for any personrates engagingnot intied towingto andthe relatedfederal servicesper fordiem safetyrate. purposes;

"Reasonable tow rates" means rates that are directly related to the actual cost of providing the nonconsensual tow, include a modest and customary margin, and do not exceed the maximum rates approved by the Board.

These rates may only be adjusted every three (3) years by the Board;

Establishing reasonable towlicensing, truckinsurance, safetyand equipment requirements for any wreckerperson orengaging wrecker vehicle as defined in Sectiontowing 951and ofrelated Titleservices; 47 of the Oklahoma Statutes;

HB1261 HFLR Page 8 BOLD FACE denotes Committee Amendments.

Establishing areasonable proceduretow totruck acceptsafety andrequirements investigatefor complaintsany fromwrecker a consumer who claims that he or shewrecker hasvehicle beenas overchargeddefined forin feesSection related951 toof nonconsensualTitle towing,47 recoveryof orthe storage;Oklahoma Statutes;

DeterminingEstablishing a procedure to accept and sanctioninginvestigate excessivecomplaints from a consumer who claims that he or unnecessaryshe feeshas chargedbeen toovercharged consumersfor fees related to nonconsensual towing, recoveryrecovery, or storage;

Determining and sanctioning excessive or unnecessary fees charged to consumers related to nonconsensual towing, recovery, or storage;

6.

Req.

No.

12781 Page 8 6.

Requiring all entities permitted, licensed, or regulated by the Board to provide itemized billing for fees related to towing, storage, or vehicle immobilization services that explains how the charges were calculated;

Requiring all entities permitted, licensed, or regulated by the Board to maintainprovide aitemized copybilling offor theirfees currentrelated maximumto ratetowing, schedulestorage, or feevehicle scheduleimmobilization postedservices inthat aexplains conspicuoushow placethe andcharges readilywere accessiblecalculated; to the public;

Requiring all entities permitted, licensed, or regulated by the Board to allowmaintain a copy of the ownercurrent maximum rate schedule or agentfee ofschedule established by the ownerBoard ofposted in a motorconspicuous vehicleplace removedand pursuantreadily accessible to Sectionthe 951public; et seq.

of Title 47 of the Oklahoma Statutes to use any other entity permitted, licensed, or regulated by the Board when reclaiming the motor vehicle from storage;

Requiring all entities permitted, licensed, or regulated by the Board to postallow athe signowner notifyingor customersagent of the consumerowner complaintof processa pursuantmotor toHB1261 SectionHFLR 953.1Page of9 TitleBOLD 47FACE ofdenotes theCommittee OklahomaAmendments. Statutes.

vehicle removed pursuant to Section 951 et seq.

of Title 47 of the Oklahoma Statutes to use any other entity permitted, licensed, or regulated by the Board when reclaiming the motor vehicle from storage;

10.

Requiring all entities permitted, licensed, or regulated by the Board to post a sign notifying customers of the procedure to obtain a vehicle from storage and the consumer complaint process pursuant to Section 953.1 of Title 47 of the Oklahoma Statutes.

and11. Req.

No.Utilizing Oklahoma Wrecker Services Division investigators to investigate consumer complaints related to overcharging for nonconsensual towing, recovery, storage fees, and violations of the rules promulgated by the Board;

1278112. Page 9 10.

UtilizingPromulgation Wreckerof Servicesrules Divisionand investigatorsthe toauthority investigateof consumerthe complaintsOklahoma relatedDepartment toof overchargingLabor forsetting nonconsensualstandards towing,for recovery,initial storageinspections feesof wrecker and violationstowing offacilities performed by the rulesDepartment promulgatedof Public Safety and standards and procedures for any additional inspections required by the Board.Board;

and 13.

Submit promulgated rules to the Oklahoma Department of Labor for approval.

HB1261 HFLR Page 10 BOLD FACE denotes Committee Amendments.

Members of the Board shall serve without compensation, but shall be reimbursed through the Department of Labor for expenses incurred in the performance of theirhis or her duties in accordance with the provisions of the State Travel Reimbursement Act.

NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1003 of Title 40, unless there is created a duplication in numbering, reads as follows:

There is hereby created in the State Treasury a revolving fund for the Department of Labor, to be designated the “Oklahoma Wrecker and Towing Services Revolving Fund”.

The fund shall be a continuing fund not subject to fiscal year limitations.

All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by the Department of Labor for the purpose of administering the Oklahoma Wrecker Services Division.

Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.

HB1261 HFLR Page 11 BOLD FACE denotes Committee Amendments.

SECTION 4.

2021, Section 156.1, as last amended by Section 55, Chapter 452, O.S.L.

2024 (47 O.S.

Supp.

2025, Section 156.1), is amended to read as follows:

Section 156.1.

A.

It shall be unlawful for any state official, officer or employee, except any essential employees approved by the Governor and those officers or employees authorized in subsection B of this section, to ride to or from the place of residence of the employee in a state-owned or state-leased automobile, truck or pickup, except in the performance of the official duty of the employee, or to use or permit the use of any such automobile, truck, ambulance or pickup for other personal or private purposes.

Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail for a period to not exceed thirty (30) days, or by both said fine and imprisonment, and in addition thereto, shall be discharged from state employment.

B.

1.

Any state employee, other than the individuals provided for in paragraph 2 of this subsection and any employee of the Department of Public Safety who is a wrecker inspector or auditor of the Wrecker Services Division as provided for in paragraph 3 of this subsection, who receives emergency telephone calls regularly at the residence of the employee when the employee is not on duty and is regularly called upon to use a vehicle after normal work hours in HB1261 HFLR Page 12 BOLD FACE denotes Committee Amendments.

response to such emergency calls, may be permitted to use a vehicle belonging to the state to provide transportation between the residence of the employee and the assigned place of employment, provided such distance does not exceed seventy-five (75) miles in any round trip or is within the county where the assigned place of employment is located.

Provided further, an employee may be permitted to use a state-owned or state-leased vehicle to provide temporary transportation between a specific work location other than the assigned place of employment and the residence of the employee, if such use shall result in a monetary saving to the agency, and such authorization shall not be subject to the distance or area restrictions provided for in this paragraph.

Authorization for temporary use of a state-owned or state-leased vehicle for a specific project shall be in writing stating the justification for this use and the saving expected to result.

Such authorization shall be valid for not to exceed sixty (60) days.

Any state entity other than law enforcement that avails itself of this provision shall keep a monthly record of all participating employees, the number of emergency calls received and the number of times that a state vehicle was used in the performance of such emergency calls.

2.

Any employee of the Department of Public Safety, Oklahoma Department of Corrections, Office of the Attorney General, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, Oklahoma State Bureau of Investigation, Alcoholic Beverage Laws Enforcement HB1261 HFLR Page 13 BOLD FACE denotes Committee Amendments.

Commission, Oklahoma Horse Racing Commission, Oklahoma Department of Agriculture, Food, and Forestry, Office of the Inspector General within the Department of Human Services or Office of the State Fire Marshal, who is a law enforcement officer or criminalist, Public Information officer, Special Investigator or Assistant Director of the Oklahoma State Bureau of Investigation, the Executive Director of CLEET, CLEET-certified Investigator for a state board or any employee of a district attorney who is a law enforcement officer, may be permitted to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the official duty of the employee.

3.

Any employee of the Department of Public Safety who is a wrecker inspector or auditor of the Wrecker Services Division, or a noncommissioned pilot may be permitted, as determined by the Commissioner, to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the official duty of the employee.

HB1261 HFLR Page 14 BOLD FACE denotes Committee Amendments.

4.

The Director, department heads and other essential employees of the Department of Wildlife Conservation, as authorized by the Wildlife Conservation Commission, may be permitted to use a state- owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the official duty of the employee.

5.

The Director, department heads, emergency responders and other essential employees of the Department of Corrections, as authorized by the Director, may be permitted to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the official duty of the employee.

6.

Designated Examiner Auditors, Designated Examiner Supervisors, Commercial Driver License Examiners, Commercial Driver License Auditors, Commercial Driver License Supervisors, and Driver License Supervisors, as an employee of Service Oklahoma may be permitted, as determined by the Director of Service Oklahoma, to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of HB1261 HFLR Page 15 BOLD FACE denotes Committee Amendments.

employment and between the residence and any location other than the assigned place.

7.

The Attorney General, division heads, emergency responders, agents, assistant attorneys general, and other essential employees of the Office of the Attorney General, as authorized by the Attorney General, may be permitted to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the official duty of the employee.

C.

The principal administrator of the state agency with which the employee is employed shall so designate the status of the employee in writing or provide a copy of the temporary authorization to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

Such employee status report shall also be provided to the State Fleet Manager of the Division of Fleet Management if the motor vehicle for emergency use is provided by said Division.

SECTION 5.

AMENDATORY 47 O.S.

2021, Section 904, is amended to read as follows:

Section 904.

The owner of a motor vehicle or lienholder of the vehicle abandoned in violation of Section 901 et seq.

of this title, or the owner of any vehicle or lienholder of the vehicle or insurer HB1261 HFLR Page 16 BOLD FACE denotes Committee Amendments.

accepting liability for paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner which shall have been lawfully removed from any highway or other public property may regain possession of the vehicle in accordance with regulations of the Department of Public Safety Labor upon payment of the reasonable cost of removal and storage of such vehicle.

The operator is authorized to collect all lawful fees from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services.

An operator shall release the vehicle from storage upon authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, the insurer accepting liability for paying the claim on the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale.

In the case of death or incapacitation of the owner of a motor vehicle, the operator may release the vehicle to a legal representative or an immediate family member who is within the first or second degree of consanguinity or affinity.

The legal representative or family member shall provide a notarized affidavit describing his or her relationship to the owner of the motor vehicle and proof of identity in accordance with the Department's Department of Labor's rules related to establishing identity.

HB1261 HFLR Page 17 BOLD FACE denotes Committee Amendments.

The cost of removal and storage shall be paid to the wrecker or towing service.

SECTION 6.

AMENDATORY 47 O.S.

Req.2.

No.

12781 Page 10 2.

HB1261 HFLR Page 18 BOLD FACE denotes Committee Amendments.

Req.6.

No.

12781 Page 11 6.

where service is performed in conjunction with the transportation of household goods and property, d.HB1261 HFLR Page 19 BOLD FACE denotes Committee Amendments.

d.

Req.7.

No.

12781 Page 12 7.

"Department" means the Department of Public Safety;Safety Labor;

“Nonconsensual"Nonconsensual tow”tow" means the transportation of a vehicle without the consent or knowledge of the vehicle’s owner, possessor, agent, insurer, lienholder, or any other person in possession of or in charge of any vehicle and includes the transportation or towing of the vehicle under lawful circumstances or necessity for the public interest including removing from the roadway for public safety or public convenience, or accidents, by any law enforcement officer or property agent or removal from public orHB1261 privateHFLR propertyPage as20 aBOLD resultFACE ofdenotes abandonmentCommittee orAmendments. unauthorized parking by the property owner, agent, possessor, or other legal entity for the property owner;

or private property as a result of abandonment or unauthorized parking by the property owner, agent, possessor, or other legal entity for the property owner;

Req.a.

No.

12781 Page 13 a.

SECTION 4.7.

Except for the rates established by the Corporation Commission and other provisions as provided for by law, byHB1261 theHFLR ThePage Department21 ofBOLD PublicFACE Safetydenotes shallCommittee haveAmendments. the power and authority necessary to license, supervise, govern and control wrecker vehicles and wrecker or towing services.

the Department of Public Safety the inspections conducted for the initial licensure of a wrecker or towing operator and rotation logs which shall be performed by the Department of Public Safety, the Department of Labor shall have the power and authority necessary to license, supervise, govern and control wrecker vehicles and wrecker or towing services.

The Department of Public Safety,Safety Labor, through the Oklahoma Wrecker and Towing Services Board, shall adopt and prescribe such rules as are necessary to carry out the intent of Section 951 et seq.

TheAll rules shallpromulgated stateby the requirementsDepartment for facilities, for storage of vehicles,Public necessarySafety, towingwith equipment, the recordsexception toof berules keptconcerning byrotation operators,logs, liabilitycurrently insurancein andplace insurancecarrying coveringout the vehicle and its contents while in storage in such sum and with such provisions asof theSection Department951 Boardet deemsseq. necessary to adequately Req.

No.of this title shall be enforced by the Department of Labor until such time as the Department of Labor promulgates new rules.

12781The Pagerules 14shall state the requirements for facilities, for storage of vehicles, necessary towing equipment, the records to be kept by operators, liability insurance and insurance covering the vehicle and its contents while in storage in such sum and with such provisions as the Department Board deems necessary to adequately protect the interests of the public, and such other matters as the Department Board may prescribe for the protection of the public.

Unless otherwise regulated by the governing body of the political subdivision, the wrecker vehicle used to perform wrecker or towing services requested by a political subdivision of this stateHB1261 forHFLR removalPage of22 aBOLD vehicleFACE fromdenotes publicCommittee propertyAmendments. for reasons listed in Section 955 of this title shall be from the licensed wrecker or towing service whose location is nearest to the vehicle to be towed.

state for removal of a vehicle from public property for reasons listed in Section 955 of this title shall be from the licensed wrecker or towing service whose location is nearest to the vehicle to be towed.

A Req.wrecker service shall not be removed from rotation without notification to the wrecker operator stating the reason for removal from the rotation log.

No.All notification for removal from a rotation log shall be mailed to the wrecker service owner at least ten (10) HB1261 HFLR Page 23 BOLD FACE denotes Committee Amendments.

12781days Pagebefore 15removal wrecker service shall not be removed from the rotation withoutlog notificationand toshall state the wreckerprocedure operatorand statingrequirements the reason for removalreinstatement. from the rotation log.

All notification for removal from a rotation log shall be mailed to the wrecker service owner at least ten (10) days before removal from the rotation log and shall state the procedure and requirements for reinstatement.

Except as otherwise provided in this subsection, the Department of Public Safety and any municipality, county or other political subdivision of this state shall not place any wrecker or towing service upon an official rotation log for the performance of services carried out pursuant to the request of or at the direction of any officer of the Department of Public Safety or municipality, county or political subdivision unless the service meets the following requirements:

Req.When performing services at the request of any officer, no operator or wrecker or towing service upon the rotation logs shall charge fees in excess of the maximum rates for services performed within this state, including incorporated and unincorporated areas, as established by the Commission Board.

No.HB1261 HFLR Page 24 BOLD FACE denotes Committee Amendments.

12781 Page 16 When performing services at the request of any officer, no operator or wrecker or towing service upon the rotation logs shall charge fees in excess of the maximum rates for services performed within this state, including incorporated and unincorporated areas, as established by the Commission Department.

The Department of Public Safety shall place a licensed Class AA wrecker service on the Highway Patrol Rotation Log in a highway patrol troop district in which the place of business and the primary storage facility of the wrecker service are located upon written request filed by the wrecker service with the Department.Department of Public Safety.

Upon further request of the wrecker service, the Commissioner of Public Safety or the Department of Public Safety employee with statewide responsibility for administration of wrecker services may place a wrecker service on the Highway Patrol Rotation Log in a district adjacent to the district in which the place of business and the primary storage facility of the wrecker service are located if the wrecker service is in proximity to and within a reasonable radius of the boundary of the district.

When a wrecker service is placed on the rotation log in a district, the Department of Public Safety shall notify the wrecker service and the troop commander of the district.

The Commissioner of Public Safety or the Department of Public Safety employee with statewide responsibility for administration of wrecker services shall be responsible for establishing geographical areas of rotation Req.within the troop districts and for notifying each wrecker service of the geographical areas of rotation to which the service is assigned.

No.

12781 Page 17 within the troop districts and for notifying each wrecker service of the geographical areas of rotation to which the service is assigned.

The Department of Public Safety shall make all rotation logs available for public inspection at the state office and shall make rotationHB1261 logsHFLR forPage a25 highwayBOLD patrolFACE troopdenotes districtCommittee availableAmendments. for public inspection at the district office.

rotation logs for a highway patrol troop district available for public inspection at the district office.

The Department,Department of Labor, through the Oklahoma Wrecker and Towing Services Board, shall promulgate rules to develop rotation logs that classify wrecker and towing services by the type of services and equipment they are capable of providing for nonconsensual tows and accident remediation.

SECTION 5.8.

2021, Section 953, is amended to read as follows:

Section 953.

A.

No operator shall be permitted nor shall any employee of any operator be permitted, allowed or caused to solicit business or make service calls without the operator first having obtained from the Department of Public Safety Labor a license to operate a wrecker or towing service.

The number of the license shall be displayed, in conformance with rules of the Department of Labor, on both sides of every wrecker vehicle operated by the wrecker or towing service.

B.

The license fee required by this section shall be in lieu of the motor carrier filing fee as required in Section 165 of this title.

No applicant for a wrecker license shall be required to prove public convenience and necessity, file notices, nor shall a public hearing be held.

The fee for such license shall be Five Hundred Dollars ($500.00), of which Ninety Dollars ($90.00) shall be deposited in the General Revenue Fund and Four Hundred Ten Dollars HB1261 HFLR Page 26 BOLD FACE denotes Committee Amendments.

($410.00) Two Hundred Fifty Dollars ($250.00) shall be deposited in the Oklahoma Wrecker and Towing Services Revolving Fund created in Section 3 of this act for administration of the Oklahoma Wrecker Services Division, and Two Hundred Fifty Dollars ($250.00) shall be deposited in the Department of Public Safety Restricted Revolving Fund created pursuant to Section 2-145 of this title for the administration of the Department's Wrecker Services Division and modernization of computer programs.

No license fee shall be refunded in the event the license is suspended or revoked.

C.

All licenses shall expire on the last day of the calendar year and may be renewed annually at a cost of Two Hundred Fifty Dollars ($250.00) upon application to the Department of Labor as prescribed by rule.

Two Hundred Dollars ($200.00) Two Hundred Fifty Dollars ($250.00) of the fees collected in this subsection shall be deposited in the Department of Public Safety Restricted Revolving Fund created in Section 2-145 of this title for the modernization of computer programs and the administration of the Department's Wrecker Services Division and Fifty Dollars ($50.00) shall be deposited in the General Revenue Fund Oklahoma Wrecker Services and Towing Revolving Fund created in Section 3 of this act for administration of the Oklahoma Wrecker Services Division.

No license fee shall be refunded in the event the license is suspended or revoked.

D.

The Department of Labor shall issue a letter of reprimand, cancel, suspend, revoke, or refuse to issue or renew the license of HB1261 HFLR Page 27 BOLD FACE denotes Committee Amendments.

an operator when it finds the licensee or applicant has not complied with or has violated any of the provisions of the Nonconsensual Towing Act of 2011, or any rules adopted by the Department of Labor.

A suspension or revocation shall be for a period of time deemed appropriate by the Department of Labor for the violation.

Any canceled, suspended, or revoked license shall be returned to the Department of Labor by the operator, and the operator shall not be eligible to apply for another license until the period of suspension or revocation has elapsed.

E.

The provisions of the Administrative Procedures Act are expressly made applicable to the Nonconsensual Towing Act of 2011.

F.

In any civil action to enforce the equal application of the alternation or rotation of wrecker or towing services regulated by a political subdivision of the state, the prevailing party shall be allowed attorney fees determined by the court, to be taxed and collected as costs.

G.

Fees collected pursuant to the provisions of this section shall be remitted to the State Treasurer to be credited to the General Revenue Fund in the State Treasury except as provided by subsection H of this section.

H.

Fees allocated to the Department by this section shall be deposited in the Department of Public Safety Restricted Revolving Fund.

HB1261 HFLR Page 28 BOLD FACE denotes Committee Amendments.

In addition to the annual renewal fee required by subsection C of this section, a wrecker or towing operator shall be subject to an additional annual fee of One Hundred Twenty-five Dollars ($125.00) per truck in its fleet.

All fees collected under this subsection shall be deposited into the Oklahoma Wrecker Services and Towing Revolving Fund, established in Section 3 of this act, to support the administration and operations of the Oklahoma Wrecker Services Division.

SECTION 9.

AMENDATORY 47 O.S.

The rates established by the Corporation Commission Oklahoma Wrecker and Towing Services Board shall determine the nonconsensual tow maximum fees and charges not tied to the federal per diem rate for wrecker or towing services performed in this state, including incorporated and unincorporated areas, by a wrecker or towing service licensed by the Department of Public Safety Labor when that service appears on the rotation log of the Department of Public Safety or on the rotation log of any municipality, county or other political subdivision of this state, and the services performed are at the request or at the direction of any officer of the Department of Public Safety or of a municipality, county, or political subdivision.

No wrecker or towing service in the Req.performance of transporting or storing vehicles or other property towed as a result of a nonconsensual tow shall charge any HB1261 HFLR Page 29 BOLD FACE denotes Committee Amendments.

No.fee which exceeds the maximum rates established by the Commission Oklahoma Wrecker and Towing Services Board.

12781 Page 18 performance of transporting or storing vehicles or other property towed as a result of a nonconsensual tow shall charge any fee which exceeds the maximum rates established by the Commission Department.

Each performance of a wrecker or towing service shall be recorded by the operator on a bill or invoice as prescribed by rules of the Department and by order of the Commission;Commission Labor;

and Req.4.

No.The operator is authorized to collect all lawful fees from the owner, lienholder or agent or insurer accepting liability for HB1261 HFLR Page 30 BOLD FACE denotes Committee Amendments.

12781paying Pagethe 19claim 4.for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services and costs to collect such fees.

The operator is authorized to collect all lawful fees from the owner, lienholder or agent or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services and costs to collect such fees.

When the hourly rate is applied in lieu of distance towing rates, the operator may Req.not apply the two-hour minimum prescribed in subsection E of this HB1261 HFLR Page 31 BOLD FACE denotes Committee Amendments.

No.section nor may hookup or mileage charges, as prescribed in this section, be applied.

12781 Page 20 not apply the two-hour minimum prescribed in subsection E of this section nor may hookup or mileage charges, as prescribed in this section, be applied.

when the wrecker or towing service is performed upon any turnpike or toll road, the turnpike or toll road mileage shall be used to determine the distance rates Req.HB1261 HFLR Page 32 BOLD FACE denotes Committee Amendments.

No.charged and the turnpike or toll road fees may be added to the bill or invoice.

12781 Page 21 charged and the turnpike or toll road fees may be added to the bill or invoice.

Req.HB1261 HFLR Page 33 BOLD FACE denotes Committee Amendments.

No.Hourly rates shall apply from the time the vehicle or labor is assigned to the service call until the time it is released from service either upon return to the premises of the wrecker or towing service or upon being assigned to perform another wrecker or towing service, whichever occurs first.

12781 Page 22 Hourly rates shall apply from the time the vehicle or labor is assigned to the service call until the time it is released from service either upon return to the premises of the wrecker or towing service or upon being assigned to perform another wrecker or towing service, whichever occurs first.

8,001 to 24,000 $80.00 $20.00 Req.HB1261 HFLR Page 34 BOLD FACE denotes Committee Amendments.

No.Single vehicle:

12781 Page 23 Single vehicle:

When skilled or specialized labor or equipment is required, the wrecker operator's cost for such skilled or specialized labor or equipment plus a twenty-five percent (25%) gross profit markup to cover Req.HB1261 HFLR Page 35 BOLD FACE denotes Committee Amendments.

No.overhead costs for such labor will be added to the invoice or freight bill to be collected in addition to all other applicable charges.

12781 Page 24 overhead costs for such labor will be added to the invoice or freight bill to be collected in addition to all other applicable charges.

24,001 or over $95.00 Combination of vehicles $95.00 Req.HB1261 HFLR Page 36 BOLD FACE denotes Committee Amendments.

No.G.

12781 Page 25 G.

or Rollback and lading) Remove Axle Replace Axle Equipment Rate Per Service Performed 8,000 or less $10.00 $15.00 $25.00 8,001 to 12,000 $15.00 $20.00 $30.00 Rate Per 15 Minutes of Service Performed 12,001 or over $20.00 $20.00 Not applicable Req.HB1261 HFLR Page 37 BOLD FACE denotes Committee Amendments.

No.H.

12781 Page 26 H.

An operator shall be required to provide reasonable documentation to the Department of Labor to substantiate all lawful fees charged the owner, lienholder, agent or insurer paying the claim for the towed vehicle.

This applies to labor and equipment not regulated by the Commission Req.HB1261 HFLR Page 38 BOLD FACE denotes Committee Amendments.

No.D.

12781Wrecker Pageor 27towing D.service companies shall provide the Department of Labor a detailed comprehensive list of all prices for the services performed related to the towing and storage of any vehicle that is deemed a nonconsensual tow.

Wrecker or towing service companies shall provide the Department a detailed comprehensive list of all prices for the services it performs or may perform related to the towing and storage of any vehicle that is deemed a nonconsensual tow.

The wrecker or towing service company shall not exceed the prices on file with the Department of Labor for a nonconsensual tow.

The wrecker or towing service company shall only charge for services that are on file with the Department.Department of Labor.

All prices provided to the Department of Labor may be provided to citizens needing a wrecker or towing service.

No other rates will be allowed apart from the prices provided to the Department of Labor and shall include, but may not be limited to:

HB1261 HFLR Page 39 BOLD FACE denotes Committee Amendments.

Req.8.

No.

12781 Page 28 8.

A wrecker or towing service company receiving calls fromfor theservice Departmentfrom ofa Publiclaw Safetyenforcement agency shall not charge fees in excess of those provided in writing by the wrecker or towing service company to the Department,Department of Labor, nor shall said company charge for the use of equipment and personnel not reasonably necessary to perform the requested services in a timely and professional manner.

A list of fees shall be given to the Department of Labor in accordance with subsection D of this section.

Fuel surcharge shall be based on the Department of Energy's Energy Information Administration's "weekly on-highway diesel fuel prices" for the Midwest region using Two Dollars ($2.00) per gallon as a base price with no fees added.

Any wrecker or towing service company that subcontracts for the utilization of additional skilled or specialized labor, equipment, or a wrecker vehicle that is for the purpose of a nonconsensualHB1261 tow,HFLR thePage cost40 incurredBOLD byFACE thedenotes wreckerCommittee orAmendments. towing Req.

No.nonconsensual tow, the cost incurred by the wrecker or towing service company for such skilled or specialized labor, equipment, or wrecker vehicle plus an additional twenty-five percent (25%) gross profit markup or gross profit margin shall be allowed to cover overhead costs for such labor and will be added to the invoice or freight bill to be collected in addition to all other applicable charges.

12781 Page 29 service company for such skilled or specialized labor, equipment, or wrecker vehicle plus an additional twenty-five percent (25%) gross profit markup or gross profit margin shall be allowed to cover overhead costs for such labor and will be added to the invoice or freight bill to be collected in addition to all other applicable charges.

Wrecker or towing service companies shall post at their place of business a list of all prices for the standard services it performs or may perform related to the towing and storage of any vehicle that is deemed a nonconsensual tow.

Whenever complaints are received by the Department of Labor concerning the services provided or fees charged for towing and related services that are requested through the Department,Department of Labor, the complaint shall be investigated to determine its validity and whether any action is warranted against the wrecker or towing service company.

Any wrecker or towing services company found to have exceeded the prices provided to the Department,Department of Labor, using unnecessary services to increase its fee, or engaging in unethical business practices shall be subject to contempt proceedings before the DepartmentOklahoma Wrecker and Towing Services Board and removal from the towing rotation log by the troop commander.

HB1261 HFLR Page 41 BOLD FACE denotes Committee Amendments.

The Department of Labor shall communicate with any wrecker or towing service company the filing rates and state whether the rates have Req.been accepted or rejected.

No.If the Department of Labor rejects rates, it shall state why it did so and provide the opportunity for appeal and resubmission of rates.

12781 Page 30 been accepted or rejected.

If the Department rejects rates, it shall state why it did so and provide the opportunity for appeal and resubmission of rates.

Rates established by the Department of Labor, through the Board, shall remain in effect until a wrecker or towing service company files rates with the Department of Labor and those rates are accepted.

The Department,Department of Labor, through the Oklahoma Wrecker and Towing Services Board, shall promulgate rules for the acceptance and enforcement of rates.

If the Department of Labor opens a complaint, it shall review the current price list provided to the Department of Labor by the wrecker or towing service company in question, and determine whether fees charged for a nonconsensual tow have been exceeded.

If fees charged for a nonconsensual tow do not exceed the current price list provided to the Department,Department of Labor, the Department of Labor may review fees charged with those lists of prices provided to the Department of Labor by other licensed wrecker and towing service companies that are located in the same geographic area.

If the fees charged by the wrecker and towing serviceHB1261 companyHFLR thatPage are42 beingBOLD reviewedFACE bydenotes theCommittee Department,Amendments. due to a complaint, exceed by more than thirty-five percent (35%) of the current listed price of service or equipment of other licensed wrecker or towing service companies in Req.

No.service company that are being reviewed by the Department of Labor, due to a complaint, exceed by more than thirty-five percent (35%) of the current listed price of service or equipment of other licensed wrecker or towing service companies in the same geographic area, the Department of Labor shall determine the complaint as valid and prohibit said wrecker or towing service company from collecting any payments that exceed the thirty-five-percent threshold mentioned in this paragraph.

12781If Pagea 31wrecker theor sametowing geographicservice area,company thehas Departmentalready shallcollected determinemonies exceeding the complaintthirty-five-percent asthreshold, validthe and prohibit said wrecker or towing service company fromshall collectingbe anyrequired paymentsto thatreturn exceedall theamounts thirty-five-exceeding percentthe thirty-five-percent threshold mentioned in this paragraph.

If a wrecker or towing service company has already collected monies exceeding the thirty-five-percent threshold, the wrecker or towing service company shall be required to return all amounts exceeding the thirty-five- percent threshold mentioned in this paragraph.

The Department of Labor shall only bring a charge against a wrecker or towing service company for rates charged or equipment utilized if a complaint has been filed with the Department of Labor by a third party such as the:

Where a wrecker or towing service company on a rotation log seeks to dispute an action of the Department of Labor due to an order regarding a complaint, the wrecker or towing service company shall be provided a process by which an appeal may be made regarding inappropriate fees charged for a service or utilization of equipment relatedHB1261 toHFLR aPage nonconsensual43 tow,BOLD orFACE thedenotes removalCommittee ofAmendments. said wrecker or towing service company from the rotation log.

related to a nonconsensual tow, or the removal of said wrecker or towing service company from the rotation log.

The Department of Labor shall allow the wrecker or towing service company to appeal a determination by submitting supporting documentation.

Once supporting documentation has been provided, the Req.Department of Labor shall make a determination of whether the Department of Labor's action against the wrecker or towing service company stands, or if the supporting documentation shows the Department of Labor erred in its determination against the wrecker or towing service company.

No.If the Department of Labor errs regarding its action against a wrecker or towing service company, said company shall be entitled to collect any monies prohibited by the Department of Labor.

12781 Page 32 Department shall make a determination of whether the Department's action against the wrecker or towing service company stands, or if the supporting documentation shows the Department erred in its determination against the wrecker or towing service company.

If the Department errs regarding its action against a wrecker or towing service company, said company shall be entitled to collect any monies prohibited by the Department, and be included on the towing rotation log.

K.

The Department of Labor shall issue a corrective action plan to any wrecker or towing service found to be in violation of the law governing wrecker or towing services or deny, cancel, suspend, or revoke the license of any wrecker or towing service found to be in noncompliance with the law governing the wrecker or towing service.

K.

I.

In the event a state of origin is not known, the Department ofHB1261 PublicHFLR SafetyPage and44 theBOLD ServiceFACE Oklahomadenotes TaxCommittee CommissionAmendments. shall assist in providing such information.

of Public Safety and the Service Oklahoma Tax Commission shall assist in providing such information.

SECTION 6.10.

2024,2025, Section 953.2), is amended to read as follows:

Req.Section 953.2.

No.

12781 Page 33 Section 953.2.

The rates established by order of the Corporation Commission the DepartmentOklahoma Wrecker and Towing Services Board, through the authority of Publicthe SafetyOklahoma Department of Labor, shall determine the maximum fees and charges for the storage and after-after-hours hours release of nonconsensual towed vehicles, including incorporated and unincorporated areas, by a wrecker or towing service licensed by the Department of Public Safety Labor and repair facilities as defined in Section 953 of Title 15 of the Oklahoma Statutes.

No wrecker or towing service or repair facilities shall charge any fee for nonconsensual towed vehicles and storage which exceeds the maximum rates established by the Commission Department.Board.

HB1261 HFLR Page 45 BOLD FACE denotes Committee Amendments.

Storage or after-hours release of a towed vehicle, or both, provided by a wrecker or towing service or by a repair facility shall be recorded by the operator on a bill or invoice as prescribed by rules of the Department.Department of Labor.

Req.3.

No.

12781 Page 34 3.

An operator or repair facility shall make the towed vehicle available for inspection by the owner, lien holder, agent of the towed vehicle, or insurer accepting liability for paying the claim for a vehicle and shall release the vehicle from storage upon authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, theHB1261 insurerHFLR acceptingPage liability46 forBOLD payingFACE thedenotes claimCommittee forAmendments. the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale.

the insurer accepting liability for paying the claim for the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale.

Rates may be applied from the time the towed Req.vehicle is brought onto the outdoor storage facility premises.

No.

12781 Page 35 vehicle is brought onto the outdoor storage facility premises.

motorcycle, automobile, or light truck up to 20 feet in length $15.00 Single vehicle or combination of vehicles over 20 feet in length but less than 30 feet in length $20.00 SingleHB1261 vehicleHFLR orPage combination47 ofBOLD vehiclesFACE overdenotes 30Committee feetAmendments. in length and up to 8 feet in width $25.00 Single vehicle or combination of vehicles over 30 feet in length and over 8 feet in width $35.00 E.

Single vehicle or combination of vehicles over 30 feet in length and up to 8 feet in width $25.00 Single vehicle or combination of vehicles over 30 feet in length and over 8 feet in width $35.00 E.

Rates Req.shall apply to each calendar day of indoor storage;

No.

12781 Page 36 shall apply to each calendar day of indoor storage;

motorcycle, automobile, or light truck up to 20 feet in length $25.00 Single vehicle or combination of vehicles over 20 feet in length but less than 30 feet in length $30.00 SingleHB1261 vehicleHFLR orPage combination48 ofBOLD vehiclesFACE overdenotes 30Committee feetAmendments. in length and up to 8 feet in width $35.00 Single vehicle or combination of vehicles over 30 feet in length and over 8 feet in width $45.00 3.

Single vehicle or combination of vehicles over 30 feet in length and up to 8 feet in width $35.00 Single vehicle or combination of vehicles over 30 feet in length and over 8 feet in width $45.00 3.

Req.1.

No.

12781 Page 37 1.

"after-hours release rate" 1.

"national holiday" 2.

"National holiday" shall mean New Year's Day, Martin Luther King Day, George Washington's Birthday, on the third Monday in February, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day any holiday observed for which federalHB1261 orHFLR OklahomaPage State49 officesBOLD areFACE closed,denotes andCommittee shallAmendments. further include the Friday before such national holiday which falls on a Saturday and the Monday following such national holiday which falls on a Sunday.

federal or Oklahoma State offices are closed, and shall further include the Friday before such national holiday which falls on a Saturday and the Monday following such national holiday which falls on a Sunday.

An operator or repair facility shall be required to provide reasonable documentation to substantiate all lawful fees Req.charged to the owner, lienholder, agent or insurer accepting liability for paying the claim for the towed vehicle or purchasing the towed vehicle.

No.

12781 Page 38 charged to the owner, lienholder, agent or insurer accepting liability for paying the claim for the towed vehicle or purchasing the towed vehicle.

SECTION 7.11.

2021, Section 954A,954, asis amended byto Sectionread 3,as Chapterfollows: 334, O.S.L.

2022Section (47954. Supp.

2024,A. Section 954A) is amended to read as follows:

The Department of Public Safety Labor shall be charged with the duty of enforcing the provisions of Section 951 et seq.

of this title for licensed wreckers and towing services operating in this state.

B.

Duly appointed peace officers of the political subdivisions of this state shall have authority to detain and arrest any person operating a wrecker or tow truck or offering towing services to the HB1261 HFLR Page 50 BOLD FACE denotes Committee Amendments.

public for a charge without a valid license issued pursuant to the provisions of Section 951 et seq.

of this title.

Such officers, upon reasonable belief that any wrecker or tow truck is being operated without proper authority or without a valid license issued pursuant to Section 951 et seq.

of this title, shall be authorized to require the operator thereof to stop and exhibit such documentation as may be required to establish his or her authority to tow or transport another vehicle or to prove possession of a valid wrecker or tow service license issued in this state.

Any person convicted of operating a wrecker or tow truck or offering towing services to the public for a charge in this state without a license shall be guilty of a misdemeanor and punished with a fine of One Thousand Dollars ($1,000.00).

Law enforcement shall impound the tow truck being used in violation of this section.

SECTION 12.

AMENDATORY 47 O.S.

2021, Section 954A, is amended to read as follows:

HB1261 HFLR Page 51 BOLD FACE denotes Committee Amendments.

The owner, legal possessor or authorized agent may request any licensed Class AA wrecker service within the county wherein the real property is located to remove the abandoned vehicle from the premises by signing a Tow Request and Authorization Form prescribed by the Department of Public Safety Labor and furnished to licensed Class AA wrecker service operators as hereinafter provided.

If the owner, legal possessor or authorized agent of the property owner is unable to obtain the services of a licensed Class Req.AA wrecker service to remove the abandoned vehicle in a reasonable amount of time, the owner, legal possessor or authorized agent may contact and request that a licensed Class AA wrecker service from an adjacent county perform the service.

No.

12781 Page 39 AA wrecker service to remove the abandoned vehicle in a reasonable amount of time, the owner, legal possessor or authorized agent may contact and request that a licensed Class AA wrecker service from an adjacent county perform the service.

A licensed Class AA wrecker service removing an abandoned vehicle pursuant to this section shall be subject to the maximum rates established by the Corporation Commission Department.Oklahoma Wrecker and Towing Services Board.

The Department Board shall design and promulgate a suitable Tow Request and Authorization Form containing space for the following information:

HB1261 HFLR Page 52 BOLD FACE denotes Committee Amendments.

Req.5.

No.

12781 Page 40 5.

The Department or the Commission The Board may require additional information on the Tow Request and Authorization Form.

The driver license number or state-issued identification card number of the real property owner, legal possessor or authorized agent shall not be disclosed by the Department or the Commission of Labor to any entity inquiring about services performed without a court order or without written consent from the property owner, legal possessor or authorized agent.

The real property owner, legal possessor or authorized agent and the wrecker vehicle driver shall jointly, and each in the presence of the other, inventory personal property found within or uponHB1261 theHFLR vehiclePage and53 eachBOLD shallFACE accordinglydenotes signCommittee aAmendments. statement on the form reflecting this requirement has been fulfilled.

upon the vehicle and each shall accordingly sign a statement on the form reflecting this requirement has been fulfilled.

A copy of the completed Tow Request and Authorization Form shall be retained by the signatories and the licensed Class AA wrecker service shall maintain the wrecker vehicle driver's copy for not less than one (1) year, or longer if required by the Department or the Commission.Commission of Labor.

The licensed Class AA wrecker service shall forthwith send the completed original Tow Request and Authorization Req.Form to the Department of Labor and the remaining copy of the completed form to the local police department of the municipality in which the real property is located, or the sheriff's office of the county from which the vehicle was towed, if the real property is located outside of an incorporated municipality.

No.

12781 Page 41 Form to the Department and the remaining copy of the completed form to the local police department of the municipality in which the real property is located, or the sheriff's office of the county from which the vehicle was towed, if the real property is located outside of an incorporated municipality.

The Tax Commission Service Oklahoma or an appropriate motor license agent licensedHB1261 operatorHFLR shallPage respond54 inBOLD personFACE ordenotes byCommittee certifiedAmendments. mail to the licensed Class AA wrecker service within five (5) business days from the receipt of the request for information.

licensed operator shall respond in person or by certified mail to the licensed Class AA wrecker service within five (5) business days from the receipt of the request for information.

The licensed Class AA wrecker service shall, within seven (7) days from receipt of the requested information from the Service Oklahoma Tax Commission or other motor license agent licensed operator, send a notice of the location of the vehicle by certified mail, or if by Department of Labor notification, the Department of Labor may notify by first-class mail, postage prepaid, at the Req.addresses furnished, to the owner and any lienholder of the vehicle.

No.The owner or lienholder may regain possession of the vehicle in accordance with rules of the Department of Labor upon payment of the licensed Class AA wrecker services, costs of certified mailing and the reasonable cost of towing and storage of the vehicle.

12781 Page 42 addresses furnished, to the owner and any lienholder of the vehicle.

The owner or lienholder may regain possession of the vehicle in accordance with rules of the Department upon payment of the licensed Class AA wrecker services, costs of certified mailing and the reasonable cost of towing and storage of the vehicle.

No licensed Class AA wrecker service or operator of a licensed Class AA wrecker service shall tow or cause to be towed a vehicle pursuant to this section until the form furnished by the Department of Labor has been appropriately completed by the parties as required by rules of the Department.Department of Labor.

SECTIONHB1261 8.HFLR Page 55 BOLD FACE denotes Committee Amendments.

SECTION 13.

2023,2025, Section 955), is amended to read as follows:

Req.1.

No.

12781 Page 43 1.

The officer has probable cause that the person operating the vehicle has not been granted driving privileges or that the driving privilegesHB1261 ofHFLR thePage person56 areBOLD currentlyFACE suspended,denotes revoked,Committee canceled,Amendments. denied, or disqualified;

privileges of the person are currently suspended, revoked, canceled, denied, or disqualified;

or Req.9.

No.

12781 Page 44 9.

HB1261 HFLR Page 57 BOLD FACE denotes Committee Amendments.

A licensed wrecker operator is not liable for damage to a vehicle, vessel, or cargo that obstructs the normal movement of traffic or creates a hazard to traffic and is removed in compliance with the request of a law enforcement officer, unless there is Req.failure to exercise reasonable care in the performance of the act or for conduct that is willful or malicious.

No.

12781 Page 45 failure to exercise reasonable care in the performance of the act or for conduct that is willful or malicious.