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2008 SUMMARY OF NEW STATE LAWS - OKLAHOMA

Oklahoma State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1711

1

Drivers' Licenses

Relates to the issuance of drivers licenses, identification cards and restricted licenses; provides exception to verification requirement; modifies information listed on a driver's license and identification card. Effective date: August 22, 2008.

HB 1959

77

Workers' Compensation

Relates to workers' compensation; relates to Compensation Source Oklahoma and modifies its authority; provides the Compensation Source President and Chief Executive Officer shall have the full power and authority to enter into contracts of insurance to insure employees, decline to insure any risk which is beyond the safe carrying of Compensation Source, enter into to contracts of insurance including for the purpose of insuring employers operating in the State and their employees. Effective date: August 22, 2008.

HB 2245

86

Security Breach

Relates to identity theft and Security Breach Notification Act; provides an individual or entity that owns or licenses computerized data that includes personal information shall disclose breach following discovery; provides breach must be disclosed if encrypted information is accessed and acquired in unencrypted form; provides notice may be delayed if a law enforcement agency determines that notice will impede a criminal or civil investigation or homeland or national security. Effective date: November 1, 2008.

HB 2352

234

Workers' Compensation

Relates to the Workers' Compensation Court; makes appropriation; states purpose; requires budgeting in certain categories and amounts; provides for duties and compensation of employees; provides budgetary limitations; provides lapse dates. Effective date: July 1, 2008.

HB 2819

179

Traffic Offenses

Amends sections relating to the issuance of citations for misdemeanors and misdemeanor violations of city ordinances; provides that the definition of signature for the purpose of verification includes electronic signatures; revises the definition of signature to include electronic signatures. Effective date: November 1, 2008.

HB 3162

333

Salvage Vehicles

Relates to motor vehicles; relates to salvage pools and salvage sales only being open to residents, company representatives based in the State or persons who may legally purchase salvage vehicles in State or country of residence; exempts regularly scheduled vehicle consignment auctions conducted by a used motor vehicle dealer which sells salvage, damaged, wrecked or repairable vehicle for someone other than public insurance company. Effective date: November 1, 2008.

HB 3193

69

Traffic Safety

Includes wreckers and tow vehicles in provisions requiring drivers to take certain actions when approaching emergency vehicles on a highway; provides exceptions from vehicle size and weight limits for a combination of a wrecker or tow vehicle and another vehicle. Effective date: November 1, 2008.

SB 565

344

State Regulation

Relates to insurance; relates to the calculation of the Home Office Credit for foreign insurers; relates to amounts to be apportioned to the retirements and pension funds of firefighters, police and law enforcement from the credit; relates to the Viatical Settlements Act of 2008; relates to surety bonds and viatical settlement providers, transfer or right by a viator under an insurance policy and licensing of viatical life settlement providers. Effective date: November 1, 2008.

SB 1384

302

Traffic Safety

Relates to public safety; provides the driver of a bus or any commercial motor vehicle shall comply with railroad crossing provisions; relates to low speed and medium speed electrical vehicles which are defined as any self propelled, electrically powered four wheeled motor vehicle, equipped with a roll cage or crush proof body design with a certain attainable speed; relates to the State Bureau of Investigation; relates to operation of vehicles, motorized machinery and equipment by government agencies. Effective date: June 2, 2008.

SB 1389

60

Auto Title Issues

Relates to motor vehicles, certificates of title and salvage titles; adds unrecovered-theft titles to the list of types of certificates of title; provides that the ownership of any unrecovered vehicle which has been declared a total loss by an insurer because of theft shall be transferred to the insurer by an unrecovered-theft title. Effective date: November 1, 2008.

SB 1423

307

Underground Storage Tanks

Relates to Corporation Commission; relates to the State Storage Tank Regulation Act; redefines petroleum to mean antifreeze, new or used motor oil, gasoline, kerosene, diesel, aviation fuel or blended fuel; provides Commission will have power and duty to allow Petroleum Storage Tank Division to arrange for the design, construction and operation of an alternative water supply system for remediation efforts and implement the Underground Storage Tank Operator Training Program; relates to transportation funds. Effective date: July 1, 2008.

SB 1428

353

State Regulation

Relates to insurance and contracts; relates to the Uniform Insurers Liquidation Act; provides a transfer of rights to payment shall only be made with the consent of the reinsurer; provides for arbitration if believe reinsurer unreasonably withholds agreement in accordance with the procedures of the American Arbitration Association; relates to debt cancellation agreements which is not considered a contract but merely cancels amounts owed by a borrower under a credit agreement; relates to service warranties. Effective date: Varies.

SB 2007

175

Expert Witnesses

Relates to fees; relates to witness fees; provides that a person who is compelled to appear as a witness to give factual testimony in any civil proceeding other than one in which the state is a party, but therein qualifies and testifies as an expert witness, shall receive a reasonable expert witness fee from the party seeking the testimony in addition to the other fees required. Effective date: November 1, 2008.

SB 2122

184

State Regulation

Relates to criminal record waivers for insurance licensure, filing of insurance rates, insurance producer licensure exemption for Medicare Part D volunteer counselors, additional insurance qualification for limited lines insurers, producer provisional license fee, licensure continuing education course approval, third-party administrator licensure, procedures for insurance in receivership, long-term care insurance, insurer investments, insurance claims, service warranty insurance, and bail bondman license. Effective date: July 1, 2008.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.