Bill
Bill > SB593
OK SB593
OK SB593Motor vehicles; prohibiting manufacturer from denying a claim or implementing chargeback against auto dealer for failure of purchaser of new car to comply with title and registration law. Effective date.
summary
Introduced
02/06/2023
02/06/2023
In Committee
04/05/2023
04/05/2023
Crossed Over
03/23/2023
03/23/2023
Passed
04/18/2023
04/18/2023
Dead
Signed/Enacted/Adopted
04/19/2023
04/19/2023
Introduced Session
2023 Regular Session
Bill Summary
An Act ENROLLED SENATE BILL NO. 593 By: Thompson (Roger) of the Senate and Dobrinski of the House An Act relating to motor vehicles; defining terms; authorizing dealer management system providers perform certain actions; prohibiting dealer management system providers from certain actions; making conflicting term or condition of contracts void and unenforceable; requiring certain actions of authorized integrators; allowing dealers to withdraw, revoke, or amend certain express written authorization under certain circumstances; requiring certain obligations to secure and prevent unauthorized access to certain information; stating certain parties not liable for certain actions; requiring indemnification for certain claims; confining certain judgments to operations of this act directly involved in the controversy in which judgment is rendered; requiring manufacturers to allow new motor vehicle dealers to make certain offers to consumers; making certain exceptions; amending 47 O.S. 2021, Sections 562, 563, 564, 564.1, and 564.2, which relate to definitions, the Oklahoma Motor Vehicle Commission, and licenses; modifying and adding definitions; modifying name of Commission; requiring certain forms for certain motor vehicle deliveries; disallowing certain authorization; making certain exception; eliminating deadline for certain request; clarifying statutory language; amending 47 O.S. 2021, Section 565, as amended by Section 3, Chapter 192, O.S.L. 2022 (47 O.S. Supp. 2022, Section 565), which relates to denial, revocation, or suspension of license; modifying entity subject to license denial, revocation, suspension, or fine; modifying reasons for license denial, revocation, suspension, or punishment by fine; prohibiting certain standards to measure performance; requiring certain vehicles be offered at same price; requiring certain reimbursement for rental cars; making certain exception; requiring new vehicles be distributed in certain manner; limiting dealers to one part or labor rate request per year; providing for certain calculation; providing for exclusions for certain rate calculation; modifying reasons for certain rebuttal; allowing certain written request; allowing certain adjustments; requiring certain written notice; prohibiting certain recovery of costs; prohibiting factory denial of certain claims and implementation of certain charge-backs; requiring certain documentation and written attestation; providing for certain compensation calculation; requiring certain method for used vehicle calculations; allowing factory to direct dealer in certain manner and method; requiring certain reimbursement claims be subject to certain limitations and requirements; placing certain limit on total compensation; disallowing certain remedy combinations; disallowing the use of certain agreements; making certain exception; providing for certain violation; allowing for certain construction or renovation; providing certain rebuttable presumption; prohibiting factories from changing certain plans or systems; limiting license for distribution; authorizing manufacturer or distributor to require compliance with certain agreement; amending 47 O.S. 2021, Sections 565.1, 565.2, 565.3, 566, 566.1, 567, 576, 578.1, 579, and 580.2, which relate to succession dealerships, termination, cancellation, or nonrenewal of franchise, notice of proposed sale, denial, suspension, and revocation of license, subjections to the Administrative Procedures Act, injunctions, petty cash fund, procedures for relocation or establishment, determination of good cause, and insurance coverage on loan vehicles; defining term; clarifying language; requiring adherence to certain agreement; requiring certain compensation; requiring hearing within certain period ENR. S. B. NO. 593 after protest; authorizing certain parties to request extension on certain hearing date; requiring use of certain standards; requiring certain changes be in compliance with existing law; limiting certain evaluations; deleting certain protest right; requiring manufacturer to submit certain agreement within certain period; modifying definition; making certain liability policy coverage distinction; amending 47 O.S. 2021, Sections 583 and 583.1, as amended by Sections 3 and 4, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2022, Sections 583 and 583.1), which relate to used motor vehicle and parts dealers; clarifying statutory language; amending 47 O.S. 2021, Section 596.1, 596.2, 596.3, 596.5, 596.7, 596.8, 596.14, 596.15, and 596.16, which relate to the Recreational Vehicle Franchise Act; clarifying statutory language; updating statutory language; amending 47 O.S. 2021, Section 1116.1, which relates to dealer license plate; updating statutory reference; clarifying statutory language; amending 47 O.S. 2021, Section 1128, as last amended by Section 142, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1128), which relates to manufacturers of new vehicles; clarifying statutory language; amending 47 O.S. 2021, Section 1137.3, as amended by Section 172, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 1137.3), which relates to registration or licensing after purchase of vehicle; clarifying statutory language; amending 21 O.S. 2021, Section 918, which relates to the prohibition on the sale, barter, or exchange of motor vehicles on Sunday; clarifying statutory language; amending 62 O.S. 2021, Section 155, which relates to revolving funds; clarifying statutory language; amending Rule 2.45 of the Rules of the Ethics Commission, as amended by Section 25, Chapter 107, O.S.L. 2022 (74 O.S. Supp. 2022, Ch. 62, App. I), which relates to calculation of travel expenditures; clarifying statutory language; amending 74 O.S. 2021, Section 3601.1, as amended by Section 24, Chapter 107, O.S.L. 2022 (74 O.S. Supp. 2022, Section 3601.1), which relates to maximum number of full-time employees; clarifying statutory language; ENR. S. B. NO. 593 making language gender neutral; updating statutory language and references; providing for codification; and providing an effective date. SUBJECT: Motor vehicle dealers
AI Summary
This bill:
Establishes new provisions related to dealer management system providers, authorized integrators, and protected dealer data, including requirements and prohibitions on dealer management system providers and authorized integrators, and protections and indemnification related to securing and preventing unauthorized access to protected dealer data.
Requires manufacturers to allow new motor vehicle dealers to offer consumers any remote software upgrade or change to vehicle functions and features that the manufacturer offers to consumers, subject to certain exceptions.
Modifies various definitions, requirements, and procedures related to the Oklahoma New Motor Vehicle Commission, including its name, membership, and responsibilities.
Expands the reasons for which the Commission may deny, revoke, or suspend a license, and the penalties that may be imposed. Adds requirements and procedures related to determining adequate and fair compensation for warranty and recall repairs.
Enhances requirements and procedures related to succession of a dealership, transfers or sales of a dealership, and termination or non-renewal of a franchise agreement.
Updates various other provisions related to used motor vehicle dealers, recreational vehicle dealers, and other motor vehicle-related businesses and transactions.
Committee Categories
Business and Industry
Sponsors (2)
Last Action
Approved by Governor 04/19/2023 (on 04/19/2023)
Official Document
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