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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 901 By: Green
AS INTRODUCED
An Act relating to the Office of Management and
Enterprise Services; amending 74 O.S. 2021, Section
85.58B, which relates to the Risk Mana gement Program;
updating statutory language; prohibiting Office of
Management and Enterprise Services from promoting or
marketing certain insurance products; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.58B, is
amended to read as follows:
Section 85.58B. A. The Risk Management Administrator, pursuant
to the provisions of this section and Section 85.34 of this title,
may obtain or provide insurance coverage for any vehicle, vessel or
aircraft used for or in fire fighting firefighting or services
provided by the districts, departments and services specified in
subsection D of this section and may obtain or provide indemnity
coverage for any board member, official, employee or volunteer of
any entity specified i n subsection D of this section for any errors
and omissions or liability risks arising from the performance of
their official duties pursuant to law.
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B. The Risk Management Admi nistrator, pursuant to the
provisions of this section and Section 85.34 of this title, may
obtain or provide insurance coverage for any building used for or in
fire fighting firefighting or services specified in subsection D of
this section. If a fire dep artment, district or service specified
in subsection D of this section is hous ed in a building with any
department or unit of local governmental entities, the Risk
Management Administrator may also obtain or provide building or
structure insurance coverage for such department or unit in such
building.
C. The Risk Management Administrator is authorized to determine
eligibility criteria for participation in the Risk Management
Program by such districts, departments and services or for such
member, officer, employee or volunteer. In addition, the Risk
Management Administrator is autho rized to establish equipment and
safety standards for the vehicles, vessels, aircraft or buildings to
be covered by the Risk Management Program.
D. The Risk Management Administr ator may obtain or provide the
insurance coverage authorized by subsection A of this section for:
1. Fire protection districts organized and operated pursuant to
the provisions of Sections 901.1 through 901.29 of Title 19 of the
Oklahoma Statutes;
2. Volunteer or full-time fire departments established pursuant
to Section 592 of Ti tle 18 of the Oklahoma Statutes;
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3. Municipal fire departments organized and operated pursuant
to the provisions of Sections 29 -101 through 29-108, and Sections
29-201 through 29-205 of Title 11 of the Oklahoma Statutes;
4. Fire protection services established pursuant to the
provisions of Section 351 of Title 19 of the Oklahoma Statutes; and
5. Rural fire coordinators employed by substate planning
districts acting pursuant to rural fire defense programs.
E. The governing authorities of such fire depart ments, fire
protection districts and fire protection services shall be required
to make payments for such insurance coverage as provided by Section
85.37 of this title.
F. Requests for the insurance or indemnity coverage provided
pursuant to the provisions of this section shall be submitted in
writing to the Risk Management Administrator by the fire
departments, fire protection districts or fire protection services
specified in subsection C of this section. Those fire departments,
fire protection district s or fire protection services meeting
eligibility criteria shall be approved for participation in the Risk
Management Program by the Risk Management Administrator if the
member, officer, employee or volunteer, and the vehicles, vessels,
aircraft and buildings used by districts, services or departments
meet the equipment and safety standards and eligibility requirements
established by the Risk Management Administrator.
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G. Any insurance or indemnity coverage shall be obtained or
provided solely from funds av ailable in the shared risk pool
authorized by Section 85.34B of this title. Any coverage limits
shall be based on the liquidity of the shared risk pool resulting
from the annual payments made pursuant to Section 85.37 of this
title and any interest accrued thereon, after deduction of such sums
as may be necessary to pay all overhead and administrative expenses
associated with administering the pool.
H. Any limited indemnity cove rage provided for errors and
omissions pursuant to the provisions of this subs ection shall only
cover errors or omissions made by a board member, official, employee
or volunteer of any entity specified in subsection C of this section
occurring after the ef fective date of this act.
I. The State of Oklahoma is not liable, directly or indirectly,
for the errors and omissions of any board member, official, employee
or volunteer of any entity specified in subsection C of this section
in the performance of his o fficial duties pursuant to law. The
State of Oklahoma is not liable, directly or indirectly, for the
negligence of any entity specified in subsection C of this section.
J. In providing risk management services for any entity
specified by subsection C of this section or any such board member,
official, employee or volunteer of such entity, it is the intention
of the Legislature to provide coverage solely to the extent of
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assets in the shared risk pool created by Section 85.34B of this
title.
K. Any liability insurance coverage obtained or provided shall
include expenses for legal s ervices obtained or provided by the Risk
Management Administrator.
L. Except as provided in this section, the Office of Management
and Enterprise Services shall not promote or m arket other forms of
insurance in conjunction with the Risk Management Program provisions
provided in this section.
SECTION 2. This act shall become effective November 1, 2025.
60-1-1147 RD 1/16/2025 10:53:39 AM