ENGR. H. A. to ENGR. S. B. NO. 435 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 435 By: Montgomery of the Senate
and
Martinez of the House
An Act relating to the Service Warranty A ct; amending
15 O.S. 2021, Section 141.14, which relates to
penalties, reports, and admin istrative fees;
modifying administrative fee amount; providing
exclusion of certain fee ; conforming language; and
providing an effective d ate.
AUTHOR: Remove Representative Martinez as principal House author
and substitute with Representative O'Do nnell
AUTHOR: Remove Senator Montgomery as principal Senate author and
substitute with Senator Seifried
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to public health and safety;
amending 63 O.S. 2021, Section 2871, as amended by
Section 12, Chapter 258, O.S.L. 2023 (63 O.S. Supp.
2023, Section 2871), which relates to the Regi onal
Emergency 9-1-1 Services Act; removing prohibition on
the establishment of new public safety answering
points; and declaring an emergency.
ENGR. H. A. to ENGR. S. B. NO. 435 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2871, as
amended by Section 12, Chapter 258, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 2871), is amended to r ead as follows:
Section 2871. A. This act shall be known and may be cited as
the "Regional Emergency 9-1-1 Services Act".
B. It is the purpose of the Regional Emergency 9-1-1 Services
Act to encourage formation of emergency communication districts in
order to provide efficient delivery of emergency 9-1-1 service
throughout the state.
C. The Regional Emergency 9-1-1 Services Act shall not apply to
any 9-1-1 system or public agency participating in a 9-1-1 system
that was established prior to January 1, 2017, and that had adopted
Phase II 9-1-1 service by that date.
D. A new public safety answering point shall not be established
after July 1, 2024, unless the new public safety answering point is
established as a result of:
1. A consolidation with an existing public safety answering
point; or
2. A replacement of an existing public safety answering point.
E. For the purposes of this section:
1. "District" means an emergency communication district;
ENGR. H. A. to ENGR. S. B. NO. 435 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. "Emergency communication district" means a district formed
pursuant to the Regional Emergency 9-1-1 Services Act to deliver
emergency 9-1-1 services on a regional basis;
3. "9-1-1 system" means an entity that processes emergency 9-1-
1 calls through a public safety answering point;
4. "Participating public agency" means a public agency that is
included in a district;
5. "Principal municipality" means the municipality with the
largest population in a dist rict; and
6. "Public agency" means any city, town, county, municipal
corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this
state which provides or has authority to provide firefigh ting, law
enforcement, ambulance, emergency medical or other emergency
services.
F. E. On or before December 31, 2017, all public agencies in
this state shall form regional emergency communication districts for
the purpose of creating an area-wide emergency 9-1-1 system for
their respective jurisdictions. The territory of the district shall
be coextensive with the territory of the regional substate planning
district unless a different territory is approved by the Oklahoma 9-
1-1 Management Authority. If a public agency is situated in more
than one such territory, it shall become part of the district in
which it is principally located. If, due to the effect of
ENGR. H. A. to ENGR. S. B. NO. 435 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
subsection C of this section, the majority of the participating
public agencies located in the te rritory of a proposed district
determine that it would be in the best interests of their citizens,
they may request inclusion in an adjacent district.
G. F. The public agencies to be included in each district may
form the district by entering into local c ooperative agreements
which shall establish a governance structure and provide for the
joint implementation, funding, operation, and management of the
district.
H. G. If the public agencies in a region are unable to develop
a local cooperative agreement b y December 31, 2017, they shall be
included in an emergency communication district that is governed by
a board of directors consisting of an appointee by each public
agency that was authorized by its voters to fund a 9-1-1 system
prior to the formation of the district, one appointee elected by a
majority of the remaining public agencies in the district, and an
additional appointee by the principal municipality in the district
who shall serve as chair of the board.
I. H. Unless otherwise provided by agreeme nt, any participating
public agency that had been authorized by its voters to fund a 9-1-1
system prior to the formation of the district shall retain control
of the property, operation, and funding of its system; provided,
however, the district may contrac t with such participating public
agency to include the agency's system in the district's master
ENGR. H. A. to ENGR. S. B. NO. 435 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
implementation plan. To the extent practicable, the district shall
not duplicate the equipment or answering point services already
provided by a participating public agency. A user of one or more
communication services subject to the payment of fees or taxes for
an emergency 9-1-1 system shall not be charged for more than one
such fee or tax for each service.
J. I. An emergency communication district shall hav e power to
make all contracts to carry out the purposes of the Regional
Emergency 9-1-1 Services Act, purchase and convey real property,
impose service fees authorized for public agencies for the provision
of 9-1-1 service, appoint a manager of the distric t, and adopt rules
and policies for the operation of the district.
K. J. Within one (1) year after the effective date of the
formation of the district, the board of directors shall submit its
master plan to deliver Phase II emergency 9-1-1 service throughout
its territory to the Oklahoma 9-1-1 Management Authority for
approval. The Authority shall have the power to prescribe the terms
of the plan and to approve or disapprove the master plan.
Additionally, the Authority shall have the power to request the Tax
Commission to escrow the wireless fees attributable to the public
agencies which have not submitted a master plan or which have not
complied with the terms of the master plan.
L. K. An emergency communication district shall operate on a
fiscal year beginning July 1. It shall adopt an annual budget and
ENGR. H. A. to ENGR. S. B. NO. 435 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
cause to be prepared an independent financial audit annually. As
soon as practicable after the end of the fiscal year, the district
shall deliver to each participating public agency an annual report
showing in detail the operations of the district.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is here by
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval."
Passed the House of Representatives the 23rd day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
ENGR. S. B. NO. 435 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 435 By: Montgomery of the Senate
and
Martinez of the House
An Act relating to the Service Warranty A ct; amending
15 O.S. 2021, Section 141.14, which relates to
penalties, reports, and administ rative fees;
modifying administrative fee amount; providing
exclusion of certain fee ; conforming language; and
providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 15 O.S. 20 21, Section 141.14, is
amended to read as follows:
Section 141.14. A. In addition to the li cense fees provided in
the Service Warranty Act for service warranty associ ations each
service warranty association and insurer shall annually, on or
before the first day of May, file with the Insurance Commissioner
its annual financial statement showing a ll gross written provider
fees or assessments received by it in connection with the issuance
of service warranties in t his state during the preceding calendar
year and other relevant financial information as deemed necessary by
the Commissioner. The finan cial statements required by this
subsection must be:
ENGR. S. B. NO. 435 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Audited and prepar ed in accordance with statutory accounting
principles if the applicant complies with the requirements of
subsection A of Section 141.6 of this title; or
2. Verified under oath of a t least two of its principal
officers and prepared in accordance with gener ally accepted
accounting principles if the a pplicant utilizes an insurance policy
which satisfies the requirements of subsection B of Section 141.6 of
this title.
B. The Commissioner may levy a fine of up to One Hundred
Dollars ($100.00) a day for each da y an association neglects to file
its financial statement in the form and within the tim e provided by
the Service Warranty Act.
C. In addition to the annual financial statements re quired to
be filed by subsection A of this section, the Commissioner may
require of licensees, under oath and in the fo rm prescribed by it,
quarterly statements or special reports which the Commissioner deems
necessary for the proper supervision of license es under the Service
Warranty Act.
D. Provider fees and assessments receiv ed by associations and
insurers for service warranties shall not be subject to the premi um
tax provided in Section 624 of Title 36 of the Oklahoma Statutes,
but shall be subject to an administrative fee of equal to two
percent (2%) of the gross provider fe e received on the sale of all
service warranties issued in this state during the precedi ng
ENGR. S. B. NO. 435 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
calendar quarter. The fees shall be paid quarterly to the Insurance
Commissioner. Howeve r, licensed associations, licensed insurers and
entities with applications for licensure as a service warranty
association pending with the Department that have co ntractual
liability insurance in place as of March 31, 2009, from an insurer
which satisfies the requirements of subsections B and C of Section
141.6 of this title and which covers one hundred percent (100%) of
the claims exposure of the association or ins urer on all contracts
written may elect to shall pay an annual administrative fee of Three
Thousand Dollars ($3,000.00) in lieu of the two-percent
administrative fee Four Thousand Two Hundred Dollars ($4,200.00).
The administrative fee set forth in this s ection shall not be
subject to subsection C of Section 307.3 of Title 36 of the Oklahoma
Statutes.
SECTION 4. This act shall become effective January 1 , 2024.
ENGR. S. B. NO. 435 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the Senate the 23rd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives