STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 968	By:	Branan

AS INTRODUCED

An Act relating to oil and gas; providing requirements for certain legal actions; stating requirements prior to filing certain actions; requiring certain notice; requiring certain waiting time; authorizing negotiation; 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 570.16 of Title 52, unless there is created a duplication in numbering, reads as follows:
Notwithstanding any other provision of law, no action described in this section shall be brought or maintained unless before filing the action the party or parties bringing the action shall have complied with the following requirements of this section:
1.  No person may start a civil action against any person alleged to be in violation of the Production Revenue Standards Act to recover either or both of interest or attorney fees unless each claimant has provided written notice by certified mail of the alleged violation in accordance with this section;
2.  The notice required under paragraph 1 of this section shall contain the following:
a.	the name and address of the claimant and the name and address of the claimant's attorney, if any,
b.	a concise statement of the factual basis of the claim, and
c.	a statement of the amount of monetary damages sought by the claimant.
In providing a notice of claim, substantial compliance with the terms and requirements of this paragraph shall constitute valid notice of a claim.  The contents of such notice shall not be admissible in any later action arising out of the claim except to prove compliance or noncompliance with this section.  No person other than an expressly authorized representative may provide such notice on behalf of any other person; and
3.  Once notice of the claim is provided, no action shall be started until after the claimant has received notice that the claim has been denied or until thirty (30) days has passed from the date of the receipt of the notice, whichever occurs first.  A claim is deemed denied if the person receiving the notice fails to agree to pay the amount of the claim in its entirety, or a lesser amount as may be negotiated by the parties, within the thirty-day period and pays such amount within thirty (30) days thereafter.  No claimant may start an action to recover either or both of interest or attorney fees unless the claim has been denied in whole or in part.  If a claim is denied or deemed denied, in whole or in part, then the commencement of any action thereon shall be deemed to have commenced upon the date of the receipt of the written notice.
SECTION 2.  This act shall become effective July 1, 2013.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and 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.

54-1-977	 MJM	1/17/2013 5:09:59 PM