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ENGROSSED SENATE AMENDMENTS
TO
ENGROSSED HOUSE
BILL NO. 2120 By: McEntire of the House
and
Montgomery of the Senate
An Act relating to insurance; amending 36 O.S. 2011,
Section 607.1, as last amended by Section 2, Chapter
73, O.S.L. 2016 (36 O.S . Supp. 2020, Section 607.1),
which relates to insurers; modifying conditions that
consider an entity an insurer; requiring notice and
filing for asserted insolvent insurers; directing
compliance with the Insurance Commissioner's
requirements; authorizing supervision of insurer;
imposing fine; authorizing promulgation of rules; and
providing an effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
”An Act relating to insurance; amending 36 O.S. 2011,
Section 607.1, as last amended by Section 2, Chapter
73, O.S.L. 2016 (36 O.S. Supp. 2020, Section 607.1),
which relates to insurers; modifying conditions that
consider a certain entity an insurer; requiring
notice and filing for asserted insolvent insurers;
directing compliance with the Insurance
Commissioner's requirements; authorizing supervision
of insurer; imposing fine; authorizing promulgation
of rules; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 36 O.S. 2011, Section 607.1, as
last amended by Section 2, Chapter 73, O.S.L. 2016 (36 O.S. Supp.
2020, Section 607.1), is amended to read as follows:
Section 607.1. A. An entity organized pursuant to the
Interlocal Cooperation Act (an "Interlocal Entity") for the purpose
of transacting insurance , except those Interlocal Entities created
pursuant to the terms of The Governmental Tort Claims Act, and that
insures an Oklahoma educational institution shall be considered a n
insurer at such time that the entity has within a twelve -month
period received aggregate premiums of One Million Dollars
($1,000,000.00) for all kinds of insurance that the entity
transacts. Such an The entity shall be eligible to qualify for and
hold a certificate of authority to transact insurance in this state.
B. Notwithstanding the provisions of subsection A of this
section, any Any entity organized pursuant to the Interlocal
Cooperation Act that insures an Oklahoma educational institution and
has within a twelve-month period received premiums or contributions
of any amount for any kind of insurance that the Interlocal Entity
transacts shall have an annual audit by an independent certified
public accountant and shall file an audited financial report by an
independent certified public accountant with the Insurance
Commissioner within one hundred eighty (180) days immediately
following the close of the Interlocal Entity's fiscal year. The
annual audited financial report shall be presented in conformit y
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with accounting principles generally accepted in the United States
of America and include:
1. The report of an independent certified public accountant in
accordance with accounting principles generally accepted in the
United States of America;
2. A balance sheet reporting assets, liabilities and equity;
3. A statement of operations;
4. A statement of cash flows;
5. A statement of changes in assets, liabilities and equity;
6. Footnotes to financial statements; and
7. An unqualified opinion from the certified public accountant
that the audited financial report represents a fair presentation of
the Interlocal Entity's financial position in conformity with
accounting principles generally accepted in the United States of
America.
C. Any entity subject t o the provisions of subsection B of this
section, except those entities which purchase full insurance
coverage as determined by the Commissioner, shall file with the
Insurance Commissioner an actuarial opinion prepared by a qualified
actuary within one hun dred eighty (180) days immediately following
the close of the Interlocal Entity's fiscal year. The actuarial
opinion should certify the amount and adequacy of the Interlocal
Entity's reserves for loss and loss adjustment expenses , including
amounts for Incurred But Not Reported (IBNR) Claims, and the
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adequacy of the Interlocal Entity's premiums. The actuarial opinion
shall be consistent with the appropriate Actuarial Standards of
Practice (ASOP) as promulgated by the Actuarial Standards Board.
As used in this section, "qualified actuary" means an individual
who is a member of the American Academy of Actuaries and who has met
the Qualification Standards for Actuaries Issuing Statements of
Actuarial Opinions in the United States promulgated by the American
Academy of Actuaries.
D. Extensions of the filing date may be granted by the
Commissioner for thirty -day periods upon a showing by the Interlocal
Entity and its independent certified public accountant or qualified
actuary of the reasons for requesting an e xtension and determination
by the Commissioner of good cause for an extension. The request for
extension must be submitted in writing not less than ten (10) days
prior to the due date in sufficient detail to permit the
Commissioner to make an informed dec ision with respect to the
requested extension.
E. The Commissioner may assess a fine for failure to file the
required annual audit or actuarial opinion in an amount of not more
than Five Hundred Dollars ($500.00) per day.
F. The audited financial reports and actuarial opinions
required herein are subject to public inspection pursuant to the
Oklahoma Open Records Act.
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G. If there is substantial evidence that an insurer subject to
the provisions of this section is insolvent or the condition of that
insurer renders the continuance of its business hazardous to the
public or to holders of its policies or certificates of insurance or
if an insurer has exceeded its powers or fails to comply with the
laws of this state, the Insurance Commissioner shall:
1. Notify the insurer and its participating members of the
determination by the Commissioner that the provisions of this
section shall apply;
2. Require the insurer to file with the Commissioner a written
plan of action to abate the Commissioner's determination w ithin
thirty (30) days of receiving notification pursuant to paragraph 1
of this subsection; and
3. Notify the insurer if the Commissioner determines to further
supervise the insurer following receipt of the written plan of
action from the insurer.
H. 1. An insurer subject to the provisions of subsection G of
this section shall comply with any lawful requirements of the
Commissioner and if placed under supervision pursuant to paragraph 3
of subsection G of this section, shall have ninety (90) days from
the date of notice of the supervision except as otherwise provided
by the Commissioner, to comply with any additional requirements of
the Commissioner.
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2. The Commissioner may determine at any time during or after
the ninety-day period that judicial or adm inistrative proceedings
should be initiated to place the insurer in conservation,
rehabilitation or liquidation proceedings or other delinquency
proceedings, pursuant to Sections 1801 through 1920 of this title.
If the insurer does not comply with the req uirements of the
Commissioner, supervision may continue until such requirements are
completed or until the Commissioner approves or completes pursuit of
additional options, as provided in the Insurance Code.
I. The Commissioner may assess a fine for failu re to timely
file a written plan of action required under paragraph 2 of
subsection G of this section in an amount of not more than Five
Hundred Dollars ($500.00) per day.
J. The Commissioner may promulgate rules to implement the
provisions of this sectio n.
SECTION 2. This act shall become effective November 1, 2021. ”
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Passed the Senate the 22nd day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2120 By: McEntire of the House
and
Montgomery of the Senate
An Act relating to insurance; amending 36 O.S. 2011,
Section 607.1, as last amended by Section 2, Chapter
73, O.S.L. 2016 (36 O.S. Supp. 2020, Section 607.1),
which relates to insurers; modifying conditions that
consider an entity an insurer; requiring notice and
filing for asserted insolvent insurers; directing
compliance with the Insurance Commissioner's
requirements; authorizing supervision of insurer;
imposing fine; authorizing promulgation of rules; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 36 O.S. 2011, Section 607.1, as
last amended by Section 2, Chapter 73, O.S.L. 2016 (36 O.S. Supp.
2020, Section 607.1), is amended to read as follows:
Section 607.1 A. An entity organized pursuant to the
Interlocal Cooperation Act (an "Interlocal Entity") for the purpose
of transacting insurance, except those Interlocal Entities created
pursuant to the terms of The Governmental Tort Claims Act , that
insures an Oklahoma educational institution shall be considered an
insurer at such time that the entity has within a twelve -month
period received aggregate premiums of One Million Dollars
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($1,000,000.00) for all kinds of insurance that the entity
transacts. Such an entity shall be eligible to qualify for and hold
a certificate of authority to transact insurance in this state.
B. Notwithstanding the provisions of subsection A of this
section, any Any entity organized pursuant to the Interlocal
Cooperation Act that insures an Oklahoma educational institution and
has within a twelve-month period received premiums or contributions
of any amount for any kind of insurance that the Interlocal Entity
transacts shall have an annual audit by an independent certified
public accountant and shall file an audited financial report by an
independent certified public accountant with the Insurance
Commissioner within one hundred eighty (180) days immediately
following the close of the Interlocal Entity's fiscal year. The
annual audited financial report shall be presented in conformity
with accounting principles generally accepted in the United States
of America and include:
1. The report of an independent certified public accountant in
accordance with accounting principles generally accepted in the
United States of America;
2. A balance sheet reporting assets, liabilities and equity;
3. A statement of opera tions;
4. A statement of cash flows;
5. A statement of changes in assets, liabilities and equity;
6. Footnotes to financial statements; and
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7. An unqualified opinion from the certified public accountant
that the audited financial report represents a fa ir presentation of
the Interlocal Entity's financial position in conformity with
accounting principles generally accepted in the United States of
America.
C. Any entity subject to the provisions of subsection B of this
section, except those entities which purchase full insurance
coverage as determined by the Commissioner, shall file with the
Insurance Commissioner an actuarial opinion prepared by a qualified
actuary within one hundred eighty (180) days immediately following
the close of the Interlocal Enti ty's fiscal year. The actuarial
opinion should certify the amount and adequacy of the Interlocal
Entity's reserves for loss and loss adjustment expenses, including
amounts for Incurred But Not Reported (IBNR) Claims, and the
adequacy of the Interlocal Ent ity's premiums. The actuarial opinion
shall be consistent with the appropriate Actuarial Standards of
Practice (ASOP) as promulgated by the Actuarial Standards Board.
As used in this section, "qualified actuary" means an individual
who is a member of the American Academy of Actuaries and who has met
the Qualification Standards for Actuaries Issuing Statements of
Actuarial Opinions in the United States promulgated by the American
Academy of Actuaries.
D. Extensions of the filing date may be granted by the
Commissioner for thirty -day periods upon a showing by the Interlocal
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Entity and its independent certified public accountant or qualified
actuary of the reasons for requesting an extension and determination
by the Commissioner of good cause for an extension . The request for
extension must be submitted in writing not less than ten (10) days
prior to the due date in sufficient detail to permit the
Commissioner to make an informed decision with respect to the
requested extension.
E. The Commissioner may asses s a fine for failure to file the
required annual audit or actuarial opinion in an amount of not more
than Five Hundred Dollars ($500.00) per day.
F. The audited financial reports and actuarial opinions
required herein are subject to public inspection purs uant to the
Oklahoma Open Records Act.
G. The Insurance Commissioner shall, if there is substantial
reason to believe that any insurer subject to this section is
insolvent, or if any such insurer's condition is such as to render
the continuance of its bus iness hazardous to the public or to
holders of its policies or certificates of insurance, or it has
exceeded its powers, or it has failed to comply with the law, or if
such insurer gives its consent:
1. Notify the insurer and its participating members of the
Commissioner's determination;
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2. Require the insurer to file with the Insurance Commissioner
a written plan of action to abate the Commissioner's determination
within thirty (30) days of notification; and
3. If the Commissioner makes a further determ ination to
supervise, notify the insurer that it is under supervision pursuant
to this section.
H. An insurer subject to subsection G of this section shall
comply with the lawful requirements of the Commissioner and, if
placed under supervision, shall hav e ninety (90) days from the date
of notice within which to comply with the requirements of the
Commissioner unless the Commissioner designates a lesser or greater
period of time or unless the Commissioner determines at any time
during or after the ninety -day period of time that judicial or
administrative proceedings should be initiated to place such insurer
in conservation, rehabilitation or liquidation proceedings or other
delinquency proceedings, pursuant to Sections 1801 through 1920 of
this title. If such insurer does not comply with such requirements,
such supervision may continue until such requirements are remedied
or until the Commissioner approves or completes pursuit of
additional options as provided in the Insurance Code.
I. The Commissioner may assess a fine for failure to timely
file a written plan of action required under subsection G of this
section in an amount of not more than Five Hundred Dollars ($500.00)
per day.
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J. The Insurance Commissioner may promulgate rules to implement
the provisions of this section.
SECTION 4. This act shall become effective November 1, 2021.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate