OK
Oklahoma Senate Bill SB435

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB435 Compare Versions

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28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 435 By: Montgomery of the Senate
28+HOUSE OF REPRESENTATIVES - FLOOR VERSION
29+
30+STATE OF OKLAHOMA
31+
32+1st Session of the 59th Legislature (2023)
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34+ENGROSSED SENATE
35+BILL NO. 435 By: Montgomery of the Senate
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3237 and
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3439 Martinez of the House
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3844 An Act relating to the Service Warranty A ct; amending
3945 15 O.S. 2021, Section 141.14, which relates to
4046 penalties, reports, and administ rative fees;
4147 modifying administrative fee amount; providing
4248 exclusion of certain fee ; conforming language; and
4349 providing an effective d ate.
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52-AUTHOR: Remove Representative Martinez as principal House author
53-and substitute with Representative O'Do nnell
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56-AUTHOR: Remove Senator Montgomery as principal Senate author and
57-substitute with Senator Seifried
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60-AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
61-and insert:
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65-"An Act relating to public health and safety;
66-amending 63 O.S. 2021, Section 2871, as amended by
67-Section 12, Chapter 258, O.S.L. 2023 (63 O.S. Supp.
68-2023, Section 2871), which relates to the Regi onal
69-Emergency 9-1-1 Services Act; removing prohibition on
70-the establishment of new public safety answering
71-points; and declaring an emergency.
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76-ENGR. H. A. to ENGR. S. B. NO. 435 Page 2 1
54+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55+SECTION 1. AMENDATORY 15 O.S. 20 21, Section 141.14, is
56+amended to read as follows:
57+Section 141.14. A. In addition to the li cense fees provided in
58+the Service Warranty Act for service warranty associ ations each
59+service warranty association and insurer shall annually, on or
60+before the first day of May, file with the Insurance Commissioner
61+its annual financial statement showing a ll gross written provid er
62+fees or assessments received by it in connection with the issuance
63+of service warranties in t his state during the preceding calendar
64+year and other relevant financial information as deemed necessary by
65+SB435 HFLR Page 2
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101-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102-SECTION 1. AMENDATORY 63 O.S. 2021, Section 2871, as
103-amended by Section 12, Chapter 258, O.S.L. 2023 (63 O.S. Supp. 2023,
104-Section 2871), is amended to r ead as follows:
105-Section 2871. A. This act shall be known and may be cited as
106-the "Regional Emergency 9-1-1 Services Act".
107-B. It is the purpose of the Regional Emergency 9-1-1 Services
108-Act to encourage formation of emergency communication districts in
109-order to provide efficient delivery of emergency 9-1-1 service
110-throughout the state.
111-C. The Regional Emergency 9-1-1 Services Act shall not apply to
112-any 9-1-1 system or public agency participating in a 9-1-1 system
113-that was established prior to January 1, 2017, and that had adopted
114-Phase II 9-1-1 service by that date.
115-D. A new public safety answering point shall not be established
116-after July 1, 2024, unless the new public safety answering point is
117-established as a result of:
118-1. A consolidation with an existing public safety answering
119-point; or
120-2. A replacement of an existing public safety answering point.
121-E. For the purposes of this section:
122-1. "District" means an emergency communication district;
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91+the Commissioner. The finan cial statements require d by this
92+subsection must be:
93+1. Audited and prepar ed in accordance with statutory accounting
94+principles if the applicant complies with the requirements of
95+subsection A of Section 141.6 of this title; or
96+2. Verified under oath of a t least two of its prin cipal
97+officers and prepared in accordance with gener ally accepted
98+accounting principles if the a pplicant utilizes an insurance policy
99+which satisfies the requirements of subsection B of Section 141.6 of
100+this title.
101+B. The Commissioner may levy a fine of u p to One Hundred
102+Dollars ($100.00) a day for each da y an association neglects to file
103+its financial statement in the form and within the tim e provided by
104+the Service Warranty Act.
105+C. In addition to the annual financial statements re quired to
106+be filed by subsection A of this section, the Commissioner may
107+require of licensees, under oath and in the fo rm prescribed by it,
108+quarterly statements or special reports which the Commissioner deems
109+necessary for the proper supervision of license es under the Service
110+Warranty Act.
111+D. Provider fees and assessments receiv ed by associations and
112+insurers for service warranties shall not be subject to the premi um
113+tax provided in Section 624 of Title 36 of the Oklahoma Statutes,
114+but shall be subject to an administrative fee o f equal to two
115+SB435 HFLR Page 3
116+BOLD FACE denotes Committee Amendments. 1
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149-2. "Emergency communication district" means a district formed
150-pursuant to the Regional Emergency 9-1-1 Services Act to deliver
151-emergency 9-1-1 services on a regional basis;
152-3. "9-1-1 system" means an entity that processes emergency 9-1-
153-1 calls through a public safety answering point;
154-4. "Participating public agency" means a public agency that is
155-included in a district;
156-5. "Principal municipality" means the municipality with the
157-largest population in a dist rict; and
158-6. "Public agency" means any city, town, county, municipal
159-corporation, public district, public trust, substate planning
160-district, public authority or tribal authority located within this
161-state which provides or has authority to provide firefigh ting, law
162-enforcement, ambulance, emergency medical or other emergency
163-services.
164-F. E. On or before December 31, 2017, all public agencies in
165-this state shall form regional emergency communication districts for
166-the purpose of creating an area-wide emergency 9-1-1 system for
167-their respective jurisdictions. The territory of the district shall
168-be coextensive with the territory of the regional substate planning
169-district unless a different territory is approved by the Oklahoma 9-
170-1-1 Management Authority. If a public agency is situated in more
171-than one such territory, it shall become part of the district in
172-which it is principally located. If, due to the effect of
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199-subsection C of this section, the majority of the participating
200-public agencies located in the te rritory of a proposed district
201-determine that it would be in the best interests of their citizens,
202-they may request inclusion in an adjacent district.
203-G. F. The public agencies to be included in each district may
204-form the district by entering into local c ooperative agreements
205-which shall establish a governance structure and provide for the
206-joint implementation, funding, operation, and management of the
207-district.
208-H. G. If the public agencies in a region are unable to develop
209-a local cooperative agreement b y December 31, 2017, they shall be
210-included in an emergency communication district that is governed by
211-a board of directors consisting of an appointee by each public
212-agency that was authorized by its voters to fund a 9-1-1 system
213-prior to the formation of the district, one appointee elected by a
214-majority of the remaining public agencies in the district, and an
215-additional appointee by the principal municipality in the district
216-who shall serve as chair of the board.
217-I. H. Unless otherwise provided by agreeme nt, any participating
218-public agency that had been authorized by its voters to fund a 9-1-1
219-system prior to the formation of the district shall retain control
220-of the property, operation, and funding of its system; provided,
221-however, the district may contrac t with such participating public
222-agency to include the agency's system in the district's master
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249-implementation plan. To the extent practicable, the district shall
250-not duplicate the equipment or answering point services already
251-provided by a participating public agency. A user of one or more
252-communication services subject to the payment of fees or taxes for
253-an emergency 9-1-1 system shall not be charged for more than one
254-such fee or tax for each service.
255-J. I. An emergency communication district shall hav e power to
256-make all contracts to carry out the purposes of the Regional
257-Emergency 9-1-1 Services Act, purchase and convey real property,
258-impose service fees authorized for public agencies for the provision
259-of 9-1-1 service, appoint a manager of the distric t, and adopt rules
260-and policies for the operation of the district.
261-K. J. Within one (1) year after the effective date of the
262-formation of the district, the board of directors shall submit its
263-master plan to deliver Phase II emergency 9-1-1 service throughout
264-its territory to the Oklahoma 9-1-1 Management Authority for
265-approval. The Authority shall have the power to prescribe the terms
266-of the plan and to approve or disapprove the master plan.
267-Additionally, the Authority shall have the power to request the Tax
268-Commission to escrow the wireless fees attributable to the public
269-agencies which have not submitted a master plan or which have not
270-complied with the terms of the master plan.
271-L. K. An emergency communication district shall operate on a
272-fiscal year beginning July 1. It shall adopt an annual budget and
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299-cause to be prepared an independent financial audit annually. As
300-soon as practicable after the end of the fiscal year, the district
301-shall deliver to each participating public agency an annual report
302-showing in detail the operations of the district.
303-SECTION 2. It being immediately necessary for the preservation
304-of the public peace, health or safety, an emergency is here by
305-declared to exist, by reason whereof this act shall take effect and
306-be in full force from and after its passage an d approval."
307-Passed the House of Representatives the 23rd day of April, 2024.
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313-Presiding Officer of the House of
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317-Passed the Senate the ____ day of _______ ___, 2024.
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323-Presiding Officer of the Senate
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351-ENGROSSED SENATE
352-BILL NO. 435 By: Montgomery of the Senate
353-
354- and
355-
356- Martinez of the House
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358-
359-
360-
361-An Act relating to the Service Warranty A ct; amending
362-15 O.S. 2021, Section 141.14, which relates to
363-penalties, reports, and administ rative fees;
364-modifying administrative fee amount; providing
365-exclusion of certain fee ; conforming language; and
366-providing an effective d ate.
367-
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370-
371-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
372-SECTION 3. AMENDATORY 15 O.S. 20 21, Section 141.14, is
373-amended to read as follows:
374-Section 141.14. A. In addition to the li cense fees provided in
375-the Service Warranty Act for service warranty associ ations each
376-service warranty association and insurer shall annually, on or
377-before the first day of May, file with the Insurance Commissioner
378-its annual financial statement showing a ll gross written provider
379-fees or assessments received by it in connection with the issuance
380-of service warranties in t his state during the preceding calendar
381-year and other relevant financial information as deemed necessary by
382-the Commissioner. The finan cial statements required by this
383-subsection must be:
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410-1. Audited and prepar ed in accordance with statutory accounting
411-principles if the applicant complies with the requirements of
412-subsection A of Section 141.6 of this title; or
413-2. Verified under oath of a t least two of its principal
414-officers and prepared in accordance with gener ally accepted
415-accounting principles if the a pplicant utilizes an insurance policy
416-which satisfies the requirements of subsection B of Section 141.6 of
417-this title.
418-B. The Commissioner may levy a fine of up to One Hundred
419-Dollars ($100.00) a day for each da y an association neglects to file
420-its financial statement in the form and within the tim e provided by
421-the Service Warranty Act.
422-C. In addition to the annual financial statements re quired to
423-be filed by subsection A of this section, the Commissioner may
424-require of licensees, under oath and in the fo rm prescribed by it,
425-quarterly statements or special reports which the Commissioner deems
426-necessary for the proper supervision of license es under the Service
427-Warranty Act.
428-D. Provider fees and assessments receiv ed by associations and
429-insurers for service warranties shall not be subject to the premi um
430-tax provided in Section 624 of Title 36 of the Oklahoma Statutes,
431-but shall be subject to an administrative fee of equal to two
432141 percent (2%) of the gross provider fe e received on the sale of all
433142 service warranties issued in this state during the precedi ng
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460143 calendar quarter. The fees shall be paid quarterly to the Insurance
461144 Commissioner. Howeve r, licensed association s, licensed insurers and
462145 entities with applications for licensure as a service warranty
463146 association pending with the Department that have co ntractual
464147 liability insurance in place as of March 31, 2009, from an insurer
465148 which satisfies the requirements of sub sections B and C of Section
466149 141.6 of this title and which covers one hundred percent (100%) of
467150 the claims exposure of the association or ins urer on all contracts
468151 written may elect to shall pay an annual administrative fee of Three
469152 Thousand Dollars ($3,000. 00) in lieu of the two-percent
470153 administrative fee Four Thousand Two Hundred Dollars ($4,200.00).
471154 The administrative fee set forth in this s ection shall not be
472155 subject to subsection C of Section 307.3 of Title 36 of the Oklahoma
473156 Statutes.
474-SECTION 4. This act shall become effective January 1 , 2024.
157+SECTION 2. This act shall become effective January 1 , 2024.
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501-Passed the Senate the 23rd day of March, 2023.
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505- Presiding Officer of the Senate
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508-Passed the House of Representatives the ____ day of __________,
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513- Presiding Officer of the House
514- of Representatives
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159+COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 04/04/2023 - DO
160+PASS.