Oklahoma SB 1431: State agencies over occupational licenses; restitution to injured persons from administrative fines. Effective date. Emergency.

Bill Text

Req. No. 2881 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

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

2nd Session of the 57th Legislature (2020)

SENATE BILL 1431 By: Dahm

AS INTRODUCED

An Act relating to state agencies with oversight of
occupational licenses; directing promulgation of
procedures and rules to allow certain compensation to
an injured individual resulting from a licensee’s
violation of the licensing act; making certain
administrative fines available to injured individual
as restitution; allowing oversight agency to
determine amount of restitution available from
certain fines collected; prohibiting restitution from
unrelated fines collected; construing right to cause
of action in court of competent jurisdiction;
exempting certain professional agencies complying
with spirit of the act; directing rule promulgation
by certain date; providing for codification;
providing an effective date; and declaring an
emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4000.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. All state agencies that are charged with oversight of
occupational licenses and who have authority to issue administrative
fines for a violation of the licensing act shall establish
procedures and rules for an individual who is physically or

Req. No. 2881 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

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

financially injured as a direct result of a licensee’s violation of
the license provisions, or rules related thereto, and for which an
administrative fine for such violation was imposed and collected by
the licensing oversight agency, to request and receive all or a part
of the amount of such administrative fines collected as restitution
for their personal injury. The agency with oversight of the
licensee shall evaluate and determine the amount to be awarded to an
injured individual for restitution from the actual administrative
fines collected for that violation. No amount shall be paid to an
injured individual from any administrative fines collected from
other sources or for violations unrelated to the actual injury.
B. Nothing in any provision of this act or any agency rule
promulgated to implement the provisions of this act shall preclude a
cause of action from being brought in a court of competent
jurisdiction or be construed to diminish the amount of damages,
compensation or restitution which may be determined and awarded as a
result of a court action.
C. The provisions of this section shall not apply to
professional licensure boards that currently recognize and comply
with the spirit and intent of this act.
D. All state agencies charged with oversight of occupational
licenses shall promulgate rules to implement the provisions of this
act by November 1, 2020.
SECTION 2. This act shall become effective July 1, 2020.

Req. No. 2881 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

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.

57-2-2881 NP 1/15/2020 11:35:58 AM