34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 901 By: Reinhardt of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Tedford of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to the Office of Management and |
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46 | 39 | | Enterprise Services; amending 74 O.S. 2021, Section |
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47 | 40 | | 85.58B, which relates to the Risk Management Program; |
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48 | 41 | | updating statutory language; prohibiting Office of |
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49 | 42 | | Management and Enterprise Services from promoting or |
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50 | 43 | | marketing certain insurance products; and providing |
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51 | 44 | | an effective date. |
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52 | 45 | | |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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58 | 51 | | SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.58B, is |
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59 | 52 | | amended to read as follows: |
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60 | 53 | | Section 85.58B. A. The Risk Management Administrator, pursuant |
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61 | 54 | | to the provisions of this section and Section 85.34 of this title, |
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62 | 55 | | may obtain or provide insurance coverage for any vehicle, vessel or |
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63 | 56 | | aircraft used for or in fire fighting firefighting or services |
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64 | 57 | | provided by the districts, departments and services specified in |
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65 | 58 | | subsection D of this section and may obtain or provide indemnity |
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66 | 59 | | coverage for any board member, official, employee or volunteer of |
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97 | 89 | | B. The Risk Management Administrator, pursuant to the |
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98 | 90 | | provisions of this section and Section 85.34 of this title, may |
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99 | 91 | | obtain or provide insurance coverage for any building used for or in |
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100 | 92 | | fire fighting firefighting or services specified in subsection D of |
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101 | 93 | | this section. If a fire department, district or service s pecified |
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102 | 94 | | in subsection D of this section is housed in a building with any |
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103 | 95 | | department or unit of local governmental entities, the Risk |
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104 | 96 | | Management Administrator may also obtain or provide building or |
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105 | 97 | | structure insurance coverage for such department or unit i n such |
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106 | 98 | | building. |
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107 | 99 | | C. The Risk Management Administrator is authorized to determine |
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108 | 100 | | eligibility criteria for participation in the Risk Management |
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109 | 101 | | Program by such distri cts, departments and services or for such |
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110 | 102 | | member, officer, employee or volunteer. In addi tion, the Risk |
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111 | 103 | | Management Administrator is authorized to establish equipment and |
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112 | 104 | | safety standards for the vehicles, vessels, aircraft or buildings to |
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113 | 105 | | be covered by the Risk Management Program. |
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114 | 106 | | D. The Risk Management Administrator may obtain or provide the |
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115 | 107 | | insurance coverage authorized by subsection A of this section for: |
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148 | 139 | | 3. Municipal fire departments organized and operated pursuant |
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149 | 140 | | to the provisions of Sections 29 -101 through 29-108, and Sections |
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150 | 141 | | 29-201 through 29-205 of Title 11 of the Oklah oma Statutes; |
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151 | 142 | | 4. Fire protection services established pursuant to the |
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152 | 143 | | provisions of Section 351 of Title 19 of the Oklahoma Statutes; and |
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153 | 144 | | 5. Rural fire coordinators employed by substate planning |
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154 | 145 | | districts acting pursuant to rural fire defense programs. |
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155 | 146 | | E. The governing authorities of such fire departments, fire |
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156 | 147 | | protection districts and fire protection services shall be required |
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157 | 148 | | to make payments for such insurance coverage as provided by Section |
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158 | 149 | | 85.37 of this title. |
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159 | 150 | | F. Requests for the insurance or indem nity coverage provided |
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160 | 151 | | pursuant to the provisions of this section shall be submitted in |
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161 | 152 | | writing to the Risk Management Administrator by the fire |
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162 | 153 | | departments, fire pro tection districts or fire protection services |
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163 | 154 | | specified in subsection C of this section. Those fire departments, |
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164 | 155 | | fire protection districts or fire protection services meeting |
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165 | 156 | | eligibility criteria shall be approved for participation in the Risk |
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166 | 157 | | Management Program by the Risk Management Administrator if the |
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198 | 188 | | G. Any insurance or indemnity coverage sh all be obtained or |
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199 | 189 | | provided solely from funds available in the shared risk pool |
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200 | 190 | | authorized by Section 85.34B of this title. Any coverage limits |
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201 | 191 | | shall be based on the liquidity of the shared risk pool resulting |
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202 | 192 | | from the annual payments made pursuant to Sec tion 85.37 of this |
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203 | 193 | | title and any interest accrued thereon, after deduction of such sums |
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204 | 194 | | as may be necessary to pay all overhead and administrative expenses |
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205 | 195 | | associated with administering the pool. |
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206 | 196 | | H. Any limited indemnity coverage provided for errors and |
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207 | 197 | | omissions pursuant to the provisions of this subsection shall only |
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208 | 198 | | cover errors or omissions made by a board member, official, employee |
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209 | 199 | | or volunteer of any entity specified in subsection C of this section |
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210 | 200 | | occurring after the effective date of this act. |
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211 | 201 | | I. The State of Oklahoma is not liable, directly or indirectly, |
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212 | 202 | | for the errors and omissions of any board member, official, employee |
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213 | 203 | | or volunteer of any entity specified in subsection C of this section |
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214 | 204 | | in the performance of his official duties pursuant to law . The |
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215 | 205 | | State of Oklahoma is not liable, directly or indirectly, for the |
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216 | 206 | | negligence of any entity specified in subsection C of this section. |
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248 | 237 | | assets in the shared risk pool created by Section 85.34B of this |
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249 | 238 | | title. |
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250 | 239 | | K. Any liability insurance coverage obtaine d or provided shall |
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251 | 240 | | include expenses for legal services obtained or provided by the Risk |
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252 | 241 | | Management Administrator. |
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253 | 242 | | L. Except as provided in this section, the Office of Management |
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254 | 243 | | and Enterprise Services shall not promote or market other forms of |
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255 | 244 | | insurance in conjunction with the Risk Management Program provisions |
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256 | 245 | | provided in this section. |
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257 | 246 | | SECTION 2. This act shall become effective November 1, 2025. |
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