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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3093 By: Tedford
AS INTRODUCED
An Act relating to insurance; amending 36 O.S. 20 21,
Section 942, which relates to motor vehicle policies
and when traffic record may be basis for rate changes
or cancellation; modifying record requirements;
amending 36 O.S. 2021, Section 943, which relates to
cancellation of motor vehicle insurance policy,
increasing premium rates, or refusal to issue or
renew policy; prohibiting certain actions after
filing first claim; modifying hearing language; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 942, is
amended to read as f ollows:
Section 942. Any insurance carrier that issues motor vehicle
liability or collision insurance policies in this state shall not
establish or apply premium ra tes, increase premium rates, cancel a
policy, or refuse to issue or renew a policy, based o n any traffic
record maintained by the Department of Public Safety which covers a
period of time more than three (3) years prior to the date the
insurance carrier ma kes a determination to take any such action;
provided however, those offenses that are prov ided for in subsection
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C of Section 941 of this title and the offense of reckless driving
as provided for in Section 11 -901 of Title 47 of the Oklahoma
Statutes may be considered by an insurance carrier for a period of
not more than five (5) years.
SECTION 2. AMENDATORY 36 O.S. 2021, Section 943, is
amended to read as follows :
Section 943. A. No insurance carrier who issues motor vehicle
policies in this state shall use traffic complaints, traffic
citations or other legal forms of traffic charges as a bas is for
cancellation of a motor vehicle insurance policy, increasing premium
rates for a motor vehicle insurance policy or refusing to issue or
renew a motor vehicle insurance policy, where:
1. the insured was acquitted of the charg e;
2. the insured was a rrested and no charges were filed; or
3. the insured was arrested and the charges were dismissed.
B. No insurer shall cancel , refuse to renew or otherwise
terminate, or increase the premium of a motor vehicle policy, which
has been in effect more than fo rty-five (45) days, solely because
the insured filed a first cla im against the policy.
C. The Insurance Commissioner may suspend or revoke, af ter
notice and opportunity for a hearing, the certificate of authority
to transact insurance business in this sta te of any insurance
carrier violating the provisions of this section or may censure the
insurer or impose a fine.
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SECTION 3. This act shall become effective November 1, 2024.
59-2-9054 MJ 12/07/23