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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2242 By: Dobrinski
COMMITTEE SUBSTITUTE
An Act relating to utilities; exempting persons
determined to be victims of certain crimes from
paying initial credit and deposit for utilities;
directing that certain determination be made by
certification letter; stating certification letter
expires after certain time; providing form fo r
certification letter; requiring utilities keep
certification letter confidential; amending 11 O.S.
2021, Section 35-107, which relates to utility
deposits; requiring municipally owned utility
providers to waive initial credit and deposit
requirements for persons determined to be victims of
certain crimes; directing that certain determination
be made by certification letter or similar form;
stating certification letter expires after certain
time; stating that contents of certification letter
be kept confidential; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.12 of Title 17, unless there
is created a duplicatio n in numbering, reads as follows:
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A. A customer or applicant who has been determined to be a
victim of domestic violence, stalking , or harassment, as defined in
Section 109 of Title 43 of the Oklahoma S tatutes or Section 644 of
Title 21 of the Oklahoma St atutes, by any of the following:
1. An existing protective order;
2. Law enforcement personnel; or
3. A designated representative of a certified domestic violenc e
shelter or certified domestic violence progr am pursuant to Section
18p-6 of Title 74 of the Oklahoma Statutes,
shall be exempt from the public utility's initial credit and deposit
requirements as established by the public utility. This
determination shall be evidenced by submission of the certification
letter, provided in subsection B of this section, to the public
utility. The certification letter expires after nine ty (90) days.
B. Certification Letter for Victim of Domestic Violence for
Waiver of Initial Utility Deposit:
IF A VALID PROTECTIVE ORDER IS ATTACHED TO THIS FORM, A CERTIFYING
AGENCY OR OFFICER DOES NOT NEED TO COMPLETE THE FOLLOWING SECTIONS.
This letter serves to certify that ___________________________(Name
of Applicant for Service) is a victim of domestic violence,
stalking, or harassment, as defined in Section 109 of Title 43 of
the Oklahoma Statutes or Section 644 of Title 21 of the Oklahoma
Statutes, and therefore has demonstr ated satisfactory credit for the
purposes of establishing se rvice. The requirement of initial
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deposit shall be waived for the ab ove named customer. (Only one
Certifying Agency is required.)
By my signature, I certify that the f ollowing Certifying Agency h as
determined that, based on the information gathered at th e time of
intake/assessment/provision of servi ces, the above-named Applicant
reported experiences of domestic violence and was assessed to be a
victim of domestic violen ce.
Agency Name: ___________ _________________________________
Contact Number: _________ ________________________________
Signature: _________________________ _____________________
Printed Name: ___________________________________________
Title: _____________ ____________________________ _________
Date: ___________________________________________ ________
By my signature I certify that I have personally responded t o or
have confirmed via internal records that an officer of the
______________________ _______ Police Department has responded t o an
incident occurring within the municipal boundaries of t he
_________________________ ____ (municipality) where the above-named
Applicant was reported to be a victim of domestic violence.
Department Representative Signature:
____________________________ ________________
Department Representative Printed Name:
____________________________________________
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Badge Number (if applicable) :
_____________________ _______________________
Date: ______________________________________
This form expires ninety (90) days from the date of the signature of
the certifying individual.
C. The utility shall deem the certification letter and the
contents thereof as confidentia l and exempt from disclosure.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 35-107, is
amended to read as follows:
Section 35-107. A. Money in the municipal treasury which has
been acquired as a utility depo sit from a customer of a municipal
utility shall be refunded or credited to the customer upon
termination of the util ity service and payment of all charges due
and connected with the serv ice, or at an earlier date as may be
allowed by the municipality. Re funds to the customer s hall be made
in accordance with the procedures set forth in this section.
B. If a utility deposit is to be refunded to the customer
instead of being credited to th e account of the customer, a refund
check or warrant payable to the c ustomer shall be issued by the
municipal utility within thirty (30) days following the terminatio n
of the utility service.
C. Utility deposit refund checks or warrants of Five Dollars
($5.00) or less shall be cashed by the customer within one (1) year
of the termination of the utility service. Any such refund check or
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warrant not cashed by the custo mer within one (1) y ear of
termination of the utility service shall be cancelled canceled and
the amount of the deposit shall be paid in to the fund of the
municipal utility for which the deposit was collected, or into the
general fund as may be determined by the municipal governing b ody.
No municipal utility customer shall have the right to an y claim or
refund on the deposit following the expiration of the one -year time
period as set forth in this subsection.
D. If a utility deposit refund check or warran t in excess of
Five Dollars ($5.00) has not been cashed by a customer within one
(1) year following termination of the utility service t o the
customer, the municipality shall send wr itten notice to the customer
at the last-known address of the customer sta ting that the refund
check or warrant shall be cancelled canceled and the deposit will be
paid over to the municipality unless it is cashed by th e customer
within ninety (90) days of the date the notice is mailed by the
municipality. If the check or warrant is not cashed within the
ninety (90) days, the check or warrant shall be cancelled canceled
and the amount of the deposit shall be paid into t he fund of the
municipal utility for which the deposit was collected, or into the
general fund as may be determined by t he governing body. No
municipal utility customer shall hav e a right to any claim or refund
on the deposit after written notice and expi ration of the ninety-day
period in accordance with this subsection.
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E. Provided, notwithstandi ng other provisions of l aw, a
municipally owned public utility shall waive any initi al credit and
deposit requirements for a customer or applicant that has been
determined to be a victim of domestic violence, stalking, or
harassment, as defined in Section 109 of Title 43 of the Oklahoma
Statutes or Section 644 of Title 21 of the Oklahoma S tatutes, by
providing proof of any of the following:
1. An existing protective order;
2. Law enforcement person nel statement; or
3. A statement of a designated representati ve of a certified
domestic violence shelter or ce rtified domestic violence progra m
pursuant to Section 18p-6 of Title 74 of the Oklahoma Statut es.
This determination shall be evidenced by submis sion of a
certification letter to the utility. The municipality may accept
the certification letter provided for in Section 1 of this act, or a
certification letter on a form created by the municipality so long
as the contents are substantially the same a s the certification
letter, as provided for in Section 1 of this act. The certification
letter expires after n inety (90) days. The municipally owned public
utility shall deem the certification letter and the contents thereof
as confidential and exempt fr om disclosure, pursuant to subsection D
of Section 24A.10 of Tit le 51 of the Oklahoma Statutes.
SECTION 3. It being immediately necessary for the p reservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON UTILITIES, dated 02/16/2023 - DO
PASS, As Amended.