Req. No. 13151 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 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 Req. No. 13151 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 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 Req. No. 13151 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 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 Req. No. 13151 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 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