1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3093 By: Tedford
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6 AS INTRODUCED
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7 An Act relating to insurance; amending 36 O.S. 2021,
7 Section 942, which relates to motor vehicle policies
8 and when traffic record may be basis for rate changes
8 or cancellation; modifying record requirements;
9 amending 36 O.S. 2021, Section 943, which relates to
9 cancellation of motor vehicle insurance policy,
10 increasing premium rates, or refusal to issue or
10 renew policy; prohibiting certain actions after
11 filing first claim; modifying hearing language; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 36 O.S. 2021, Section 942, is
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16 amended to read as follows:
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17 Section 942. Any insurance carrier that issues motor vehicle
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18 liability or collision insurance policies in this state shall not
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19 establish or apply premium rates, increase premium rates, cancel a
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20 policy, or refuse to issue or renew a policy, based on any traffic
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21 record maintained by the Department of Public Safety which covers a
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22 period of time more than three (3) years prior to the date the
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23 insurance carrier makes a determination to take any such action;
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24 provided however, those offenses that are provided for in subsection
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Req. No. 9054 Page 1
1 C of Section 941 of this title and the offense of reckless driving
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2 as provided for in Section 11-901 of Title 47 of the Oklahoma
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3 Statutes may be considered by an insurance carrier for a period of
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4 not more than five (5) years.
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5 SECTION 2. AMENDATORY 36 O.S. 2021, Section 943, is
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6 amended to read as follows:
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7 Section 943. A. No insurance carrier who issues motor vehicle
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8 policies in this state shall use traffic complaints, traffic
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9 citations or other legal forms of traffic charges as a basis for
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10 cancellation of a motor vehicle insurance policy, increasing premium
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11 rates for a motor vehicle insurance policy or refusing to issue or
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12 renew a motor vehicle insurance policy, where:
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13 1. the insured was acquitted of the charge;
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14 2. the insured was arrested and no charges were filed; or
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15 3. the insured was arrested and the charges were dismissed.
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16 B. No insurer shall cancel, refuse to renew or otherwise
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17 terminate, or increase the premium of a motor vehicle policy, which
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18 has been in effect more than forty-five (45) days, solely because
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19 the insured filed a first claim against the policy.
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20 C. The Insurance Commissioner may suspend or revoke, after
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21 notice and opportunity for a hearing, the certificate of authority
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22 to transact insurance business in this state of any insurance
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23 carrier violating the provisions of this section or may censure the
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24 insurer or impose a fine.
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1 SECTION 3. This act shall become effective November 1, 2024.
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3 59-2-9054 MJ 12/07/23
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