Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 784 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to motor vehicle repair; creating the
7 Oklahoma Motor Vehicle Consumer Protection Act;
8 providing short title; defining terms; requiring
8 certain written or verbal consent for certain service
9 work; requiring certain written estimate prior to
9 preforming certain work; requiring certain record of
10 certain written estimate; limiting certain tear-down
10 rates; establishing certain market labor hourly rate;
11 directing Insurance Department to adjust certain
11 maximum daily storage rates; determining certain
12 increase in certain maximum daily storage rates;
12 requiring certain written invoice; requiring certain
13 charges to be provided to certain owner; prohibiting
13 certain charge increase; establishing certain
14 requirements for certain charges; exempting certain
14 provisions; providing for codification; and declaring
15 an emergency.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 1270 of Title 36, unless there
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21 is created a duplication in numbering, reads as follows:
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22 This act may be known and cited as the "Oklahoma Motor Vehicle
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23 Consumer Protection Act".
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1271 of Title 36, unless there
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3 is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. "Administrative charges" shall include, but not be limited
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6 to, the cost of:
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7 a. file creation,
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8 b. repair orders,
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9 c. vehicle travel,
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10 d. parts and vehicle identification,
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11 e. software charges,
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12 f. communication with vehicle owners and insurance
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13 representatives and any other party involved in the
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14 repair or total loss determination,
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15 g. pre-repair charges,
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16 h. prewashes,
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17 i. COVID-19 cleaning or bio-cleaning,
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18 j. charges related to pre-repair diagnostic scanning,
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19 photographs, electronic communications, parts
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20 identification, and preparation of a repair plan,
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21 k. any charges for work that is not a repair procedure
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22 for obtaining labor, parts, and materials,
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23 l. securing removed parts,
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Req. No. 1153 Page 2
1 m. relocating parts back in a vehicle determined to be a
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2 total loss,
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3 n. restocking fees, and
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4 o. wrapping, tarping, and moving vehicles from different
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5 locations;
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6 2. "Consumer" or "responsible party" means the owner, an agent
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7 of the owner, a family member of the owner, an employee of the
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8 owner, insurance representative, or any other person who is or will
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9 be responsible for charges incurred at a motor vehicle repair
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10 facility as a result of repairs or charges incurred in determining a
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11 total loss of a motor vehicle as provided for in Section 1250.8 of
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12 Title 36 of the Oklahoma Statutes;
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13 3. "Motor vehicle" means the same as defined in Section 1-134
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14 of Title 47 of the Oklahoma Statutes;
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15 4. "Motor vehicle repair facility" or "garage" means any
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16 commercial entity engaged in the business or occupation of
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17 performing repairs on a motor vehicle, including any repairs or
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18 replacement of body parts, and any mechanical repairs;
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19 5. "Service work" means all repairs, maintenance, painting,
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20 exterior body work, part replacements, evaluation to determine a
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21 total loss motor vehicle, pre-repair evaluation to determine
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22 anticipated service work to be performed, and diagnostic testing of
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23 a motor vehicle performed after the repair process has commenced;
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Req. No. 1153 Page 3
1 6. "Storage rates" means all charges and fees related to the
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2 motor vehicle repair facility retaining actual physical possession of
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3 a motor vehicle during the time when the motor vehicle repair
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4 facility exercises control, supervision, care, security, protection,
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5 and responsibility over the motor vehicle; and
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6 7. "Tear-down process" means the disassembly of a damaged motor
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7 vehicle to the point that the motor vehicle repair facility can
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8 identify the extent of the damage and generate an itemized estimate
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9 for restoring the vehicle to its pre-loss condition.
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10 SECTION 3. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1272 of Title 36, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. No service work shall be performed by any motor vehicle
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14 repair facility unless the motor vehicle repair facility obtains the
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15 written consent or documented verbal consent of the customer or
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16 responsible party for the fees, charges, and costs, not including
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17 any applicable sales taxes, to be incurred by the customer or
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18 responsible party prior to performing the service work.
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19 B. Prior to performing the service work, the motor vehicle
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20 repair facility shall:
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21 1. Prepare a written estimate of the proposed service work with
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22 an itemization of all fees, charges, and costs for the proposed
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23 service work, not including any applicable sales taxes, and an
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24 estimated date of the completion of the service work; and
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Req. No. 1153 Page 4
1 2. Record on the written estimate the type of communication,
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2 written or verbal, had with the customer or responsible party and
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3 whether the customer or responsible party consented to the proposed
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4 service work. The record shall include the date, time, manner of
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5 consent, verbal or written, telephone number called to speak with
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6 the customer or responsible party, if any, and the names of the
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7 persons giving and receiving such consent.
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8 C. The bill for the tear-down of a total loss vehicle shall not
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9 exceed the market labor hourly rate set by the Insurance
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10 Commissioner and shall not exceed four (4) hours. The four-hour
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11 maximum total time of completion for the tear-down process shall not
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12 be a flat rate charged by a motor vehicle repair facility, but shall
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13 be the time limit allowed, when necessary, based upon the amount of
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14 labor required and difficulty of the evaluation of the specific
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15 motor vehicle being assessed. Prior to performing any of the tear-
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16 down process, the motor vehicle repair facility shall provide a
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17 written estimate to the customer or responsible party with an
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18 anticipated duration of the tear-down process.
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19 D. The market labor hourly rate, upon the effective date of
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20 this act, shall be Sixty-five Dollars ($65.00) per hour. The
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21 Insurance Commissioner shall adjust the market labor hourly rate,
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22 with the first adjustment being made July 1, 2030, and every five
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23 (5) years thereafter. The market labor hourly rate shall be set by
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Req. No. 1153 Page 5
1 the Insurance Commissioner based on the market conditions in this
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2 state.
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3 E. Administrative charges shall not exceed the market labor
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4 hourly billed rate pursuant to subsection C of this section and
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5 shall not exceed four (4) hours. The four-hour maximum total time
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6 of completion for the administrative charges shall not be a flat
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7 rate charged by a motor vehicle repair facility, but shall be the
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8 time limit allowed, when necessary, based upon the amount of labor
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9 and necessary supporting functions required for the repair of the
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10 specific motor vehicle being serviced.
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11 SECTION 4. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 1273 of Title 36, unless there
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13 is created a duplication in numbering, reads as follows:
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14 A. The maximum daily storage rate allowed to be charged by a
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15 motor vehicle repair facility or garage for each calendar day, for
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16 the first ten (10) calendar days the vehicle is in the possession of
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17 the motor vehicle repair facility or garage, are:
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18 1. Single vehicle: motorcycle, automobile, or light truck up
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19 to twenty (20) feet in length................................ $39.00
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20 2. Single vehicle or combination of vehicles over twenty (20)
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21 feet in length but less than thirty (30) feet in length...... $47.00
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22 3. Single vehicle or combination of vehicles over thirty (30)
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23 feet in length and up to eight (8) feet in width............. $55.00
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1 4. Single vehicle or combination of vehicles over thirty (30)
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2 feet in length and over eight (8) feet in width.............. $70.00
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3 B. On the eleventh calendar day, storage fees may increase to
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4 Seventy-five Dollars ($75.00) per calendar day.
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5 C. Storage charges may be increased by twelve percent (12%)
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6 every four (4) years. The increase shall be implemented by the
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7 Insurance Commissioner.
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8 D. Storage charges shall neither accrue nor be charged on motor
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9 vehicles that are repaired.
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10 SECTION 5. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1274 of Title 36, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. Each motor vehicle repair facility shall provide written
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14 invoices and respond to requests for invoices concerning the pickup,
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15 release, or delivery of a motor vehicle on its premises within eight
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16 (8) business hours.
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17 B. All fees, charges, and costs, not including any applicable
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18 sales taxes, for service work and storage, including minimum
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19 charges, shall be provided to the vehicle owner in a stand-alone
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20 document in writing of sufficient size and contrast to be clearly
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21 seen and readable. The document shall be signed by the vehicle
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22 owner and a copy of the signed document shall be provided to the
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23 vehicle owner.
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1 SECTION 6. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1275 of Title 36, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A motor vehicle repair facility shall not increase any
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5 charges assessed by a wrecker or towing service licensed by the
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6 Department of Public Safety for a motor vehicle delivered to the
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7 motor vehicle repair facility and shall only pass on those charges
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8 without any markup. The charges assessed by the wrecker or towing
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9 service are considered a sublet item and the receipt of such is part
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10 of the administrative charges.
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11 B. The incurred fee may be charged for a possessory lien
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12 process filing pursuant to Section 91 of Title 42 of the Oklahoma
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13 Statutes if the following requirements have been met:
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14 1. Documentation of the official filing pursuant to Section 91
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15 of Title 42 of the Oklahoma Statutes has been provided to the motor
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16 vehicle's registered owner in accordance with Section 91 of Title 42
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17 of the Oklahoma Statutes; and
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18 2. Proof of notification that the official filing pursuant to
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19 Section 91 of Title 42 of the Oklahoma Statutes has been provided to
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20 the motor vehicle's registered owner shall be documented and kept by
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21 the filing person or business, showing the address of the motor
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22 vehicle's registered owner, date upon which notification was made,
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23 and manner of notification made to the motor vehicle's registered
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24 owner.
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Req. No. 1153 Page 8
1 SECTION 7. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1276 of Title 36, unless there
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3 is created a duplication in numbering, reads as follows:
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4 Nothing in this act shall prevent an insurance company from
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5 offering an incentive to an insured person to use a certain motor
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6 vehicle repair facility or garage for repairs to a motor vehicle.
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7 SECTION 8. It being immediately necessary for the preservation
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8 of the public peace, health or safety, an emergency is hereby
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9 declared to exist, by reason whereof this act shall take effect and
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10 be in full force from and after its passage and approval.
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Req. No. 1153 Page 9Every fact on this page links to its source, starting with the official bill record.