Are any of you familiar with new HB 2422 that requires municipalities to
waive any deposits for persons determined to be a victim of domestic
violence. I have attached the new bill that has been signed by the governor.
A couple of the City Managers for Cities that I am representing are asking
questions that I do not have a solid answer for.

1. Does the Municipality have to affirmatively inform all new customers
   of the waiver being available?
2. Does this apply to existing customers or only new ones?
3. If a previous customer left owing a balance then wants to reapply,
   is the old balance waived or only the new one?

If anyone has any suggestions, they would be most appreciated.

Thanks

W. Lee Stout

WL Stout PC

112 S. Main St.

P.O. Box 262

Newkirk, OK 74647

(580) 362-2032

(580) 362-2035 Fax

stoutlawoffice@att.net

Regarding question 3, I do not read the statute as requiring the city to waive any amount due for actual utility services.  I read the statute as only providing an exemption from the requirement for a security deposit.  So the city could collect any balance owed for services as it normally would.

Regarding question 2, I read the statute as applying only to deposits on new accounts.  That makes some sense because a victim of domestic violence may need to leave the environment and establish new service somewhere else and may not have the funds for a deposit.  The statute does not state that a utility provider must refund any deposits already held, and to read it as requiring the city to refund deposits on existing accounts could violate constitutional prohibitions against impairment of the obligation of contract.

On question 1, it seems that the city would need to include in its utility ordinances a provision implementing this statute.  If that is done, the information should be shared with those applying for new accounts.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: stoutlawoffice@att.net stoutlawoffice@att.net
Sent: Tuesday, May 9, 2023 4:04 PM
To: oama@lists.imla.org
Subject: [Oama] House Bill 2242 Waiver of Utility Deposits for Victims of Domestic Violence

Are any of you familiar with new HB 2422 that requires municipalities to waive any deposits for persons determined to be a victim of domestic violence. I have attached the new bill that has been signed by the governor. A couple of the City Managers for Cities that I am representing are asking questions that I do not have a solid answer for.

1. Does the Municipality have to affirmatively inform all new customers of the waiver being available?
2. Does this apply to existing customers or only new ones?
3. If a previous customer left owing a balance then wants to reapply, is the old balance waived or only the new one?

If anyone has any suggestions, they would be most appreciated.

Thanks

W. Lee Stout
WL Stout PC
112 S. Main St.
P.O. Box 262
Newkirk, OK 74647
(580) 362-2032
(580) 362-2035 Fax
stoutlawoffice@att.netmailto:stoutlawoffice@att.net