Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1085 Comm Sub / Bill

Filed 03/05/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 1085 	By: Adams and Tedford 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to contracts; amending 15 O.S. 2021, 
Section 141.14, as amended by Section 8, Chapter 225, 
O.S.L. 2024 (15 O.S. Supp. 2024, Section 141.14), 
which relates to the Service Warranty Act; modifying 
administrative fee amount; and providing an effective 
date. 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     15 O.S. 2021, Section 141.14, as 
amended by Section 8, Chapter 225, O.S.L. 2024 (15 O.S. Supp. 2024, 
Section 141.14), is amended to read as follows: 
Section 141.14.  A.  In addition to the license fees provided in 
the Service Warranty Act for service warranty associations 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 as of a date not earlier than three 
hundred sixty-five (365) days prior to the date submitted showing 
all gross written provider fees or assessments received by it in   
 
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connection with the issuance of service warranties in this state 
during the preceding calendar year and other relevant finan cial 
information as deemed necessary by the Commissioner.  The financial 
statements required by this subsection must be: 
1.  Audited and prepared 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 at least two of its principal 
officers and prepared in accordance with generally accepted 
accounting principles if the applicant utilizes an insurance policy 
which satisfies the requirement s 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 day an association neglects to file 
its financial statement in the form and within the time provided by 
the Service Warranty Act. 
C. In addition to the annual financial statements required to 
be filed by subsection A of this section, the Commissioner may 
require of licensees, under oath and in the form prescribed by the 
Commissioner, quarterly statements or special re ports which the 
Commissioner deems necessary for the proper supervision of licensees 
under the Service Warranty Act. 
D.  Provider fees and assessments received by associations and 
insurers for service warranties shall not be subject to the premium   
 
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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 fee received on the sale of all 
service warranties issued in this state during the preceding 
calendar quarter.  The fees shall be paid quarterly to the Insurance 
Commissioner.  However, licensed associations, licensed insurers and 
entities with applications for licensure as a service warranty 
association pending with the Insurance Department that have 
contractual 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 insu rer on all 
contracts written may elect to pay an annual administrative fee of 
Three Thousand Dollars ($3,000.00) in lieu of the two -percent 
administrative fee. 
E.  On and after January 1, 2026, the fee assessed pursuant to 
subsection D of this section shall be equal to one and seventy-five 
hundredths percent (1.75%) of the gross provider fee received on the 
sale of all service warranties issued in this state during the 
preceding calendar quarter, to be paid quarterly or Three Thousand 
One Hundred Fifty Doll ars ($3,150.00) for insurers and entities 
eligible for and electing to pay an annual administrative fee in 
lieu of the percent-based fee.  On and after January 1, 2027, the 
fee assessed pursuant to subsection D of this section shall be equal   
 
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to one percent (1.00%) of the gross provider fee received on the 
sale of all service warranties issued in this state during the 
preceding calendar quarter, to be paid quarterly or Three Thousand 
Three Hundred Fifty Dollars ($3,350 .00) for insurers and entities 
eligible for and electing to pay an annual administrative fee in 
lieu of the percent-based fee.  On and after January 1, 2028, the 
fee assessed pursuant to subsection D shall be equal to Three 
Thousand Seven Hundred Dollars ($3,700 .00) for all service warranty 
associations and insurers. 
SECTION 2.  This act shall become effective January 1, 2026. 
 
60-1-13151 TKR 03/05/25