1| SENATE FLOOR VERSION |
| March 25, 2024 |
2| AS AMENDED |
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3|ENGROSSED HOUSE |
|BILL NO. 3595 By: Hill of the House |
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| and |
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| Alvord of the Senate |
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8| [ labor - seeking and accepting of work - online jobs |
| center - claims - effective date ] |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. AMENDATORY 40 O.S. 2021, Section 2-417, is |
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13|amended to read as follows: |
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14| Section 2-417. |
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15| SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION. |
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16| A. An individual shall be disqualified to receive benefits for |
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17|each week in which the individual shall have failed to do any of the |
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18|following: |
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19| 1. Diligently search for suitable employment at a pay rate |
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20|generally available in that area of the state in keeping with his or |
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21|her prior experience, education and training; |
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22| 2. Make application for work with employers who could |
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23|reasonably be expected to have work available the minimum number of |
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1|weekly work search efforts as required by the Oklahoma Employment |
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2|Security Commission; or |
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3| 3. Present oneself as an applicant for employment in a manner |
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4|designed to encourage favorable employment consideration. |
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5| B. The requirements of subsection A of this section shall be |
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6|waived if the individual has been summoned to appear for jury duty |
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7|before any court of the United States or of any state. The waiver |
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8|will continue for as long as the individual remains on jury duty |
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9|pursuant to the original summons. |
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10| SECTION 2. AMENDATORY 40 O.S. 2021, Section 2-418, is |
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11|amended to read as follows: |
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12| Section 2-418. |
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13| SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION. |
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14| A. An individual shall be disqualified to receive benefits for |
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15|the full period of unemployment next ensuing after the individual |
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16|shall have failed to do any of the following: |
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17| 1. Accept an offer of suitable work, as defined by Sections |
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18|2-408 and 2-409 of this title, from an employer including any former |
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19|employer; |
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20| 2. Apply for or accept suitable work, as defined by Sections |
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21|2-408 and 2-409 of this title, when so directed by the Oklahoma |
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22|Employment Security Commission; or |
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23| 3. Accept employment pursuant to a hiring hall agreement when |
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24|so offered. |
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1|Such disqualification shall continue until the individual has become |
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2|reemployed and has earned wages equal to or in excess of ten times |
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3|his or her weekly benefit amount. |
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4| B. An employer who provides evidence of an offer of suitable |
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5|work pursuant to paragraph 1 of subsection A of this section shall |
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6|be proof of the failure of the individual to meet this requirement, |
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7|and shall result in the immediate cessation of benefits until a |
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8|determination can be made by the Commission. The Commission shall |
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9|conduct a timely investigation of any such claim and verify the |
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10|offer of suitable work. |
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11| C. Any individual who shall have failed in any of the |
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12|requirements of subsection A of this section due to illness, death |
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13|of a family member, or other extenuating circumstance beyond his or |
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14|her control shall be disqualified for regular benefits under this |
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15|section only for the week of the occurrence of such circumstance |
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16|beyond his or her control. |
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17| D. The Commission shall maintain or work with another public |
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18|entity to maintain access to a skills test and an online jobs system |
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19|that allows employers in this state to post job openings, to include |
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20|job description, necessary qualifications, expected hours of work, |
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21|and estimated compensation package for each job. The Commission |
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22|shall require each claimant for benefits to take a skills test and |
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23|create an account and resume in the online jobs system. An |
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24|individual shall be disqualified to receive benefits for the full |
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1|period of unemployment for failing to meet any skills requirements |
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2|set forth by the Commission. |
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3| E. An individual shall be disqualified to receive benefits for |
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4|the full period of unemployment next ensuing after the individual |
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5|shall have failed to do any of the following: |
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6| 1. Diligently search for suitable employment at a pay rate |
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7|generally available in that area of the state in keeping with his or |
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8|her prior experience, education and training; |
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9| 2. Make the minimum number of applications for work as required |
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10|by the Commission with employers who could reasonably be expected to |
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11|have work available; or |
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12| 3. Present oneself as an applicant for employment in a manner |
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13|designed to encourage favorable employment consideration. |
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14| SECTION 3. AMENDATORY 40 O.S. 2021, Section 2-504, is |
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15|amended to read as follows: |
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16| Section 2-504. |
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17| A. DETERMINATIONS OF BENEFITS. A determination upon a claim |
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18|for benefits shall be made promptly by a representative of the |
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19|Oklahoma Employment Security Commission. It shall include a |
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20|statement as to whether, and in what amount claimant is entitled to |
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21|benefits for the week with respect to which the determination is |
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22|made. In the event the claimant is determined to be ineligible for |
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23|or disqualified from benefits under Part 2 or Part 4 of this |
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24|Article, the determination shall state the reasons therefor. The |
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1|initial determination in a benefit year shall include a statement as |
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2|to whether the claimant has been paid the wages required under this |
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3|act, and if so, the beginning and ending dates of the benefit year, |
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4|the weekly benefit amount, and the maximum total amount of benefits |
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5|payable to him or her with respect to such benefit year. |
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6| B. The Commission shall do the following to verify the |
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7|eligibility of an initial claim for benefits before paying benefits |
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8|to that claim: |
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9| 1. Require the claimant to submit proof of identity prior to |
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10|his or her claim by using an identity verification source or service |
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11|offered by the Commission to verify the identity of all claimants; |
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12|and |
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13| 2. To prevent and detect fraudulent activity, eligibility of |
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14|claims will be verified using a diverse set of data deemed |
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15|beneficial by the Commission, including but not limited to IP |
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16|addresses and various other demographic data. |
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17| C. The Commission shall investigate any information that may |
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18|indicate claimant ineligibility prior to paying benefits for the |
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19|week in which the information was identified and any subsequent |
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20|week. The Commission may cross-check all claims against any data |
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21|sets deemed beneficial by the Commission in order to verify |
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22|eligibility for benefits, including but not limited to: |
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23| 1. The National Association of State Workforce Agencies' |
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24|Integrity Data Hub; |
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1| 2. The United States Department of Health and Human Services |
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2|National Directory of New Hires; |
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3| 3. The state directory of new hires; |
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4| 4. Any inmate database maintained by the Oklahoma Department of |
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5|Corrections; |
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6| 5. The Social Security Administration's Prisoner Update |
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7|Processing System; |
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8| 6. The Centers for Disease Control and Prevention's National |
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9|Vital Statistics System's Death Record Database; |
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10| 7. Death records maintained by the Oklahoma Department of |
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11|Health; and |
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12| 8. The U.S. Citizenship and Immigration Services' Systematic |
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13|Alien Verification for Entitlements (SAVE) database. |
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14| SECTION 4. This act shall become effective November 1, 2024. |
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15|COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE |
|March 25, 2024 - DO PASS AS AMENDED |
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