1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1456 By: Treat
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5 AS INTRODUCED
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6 An Act relating to the Workers’ Compensation Court of
6 Existing Claims; amending 20 O.S. 2021, Section
7 30.14, which relates to divisions of the Court of
7 Civil Appeals; establishing Court of Existing Claims
8 (CEC) Division of the Court of Civil Appeals;
8 clarifying certain jurisdiction; amending 85A O.S.
9 2021, Section 122, as amended by Section 1, Chapter
9 19, 1st Extraordinary Session, O.S.L. 2023 (85A O.S.
10 Supp. 2023, Section 122), which relates to costs of
10 administering act; conforming language; amending 85A
11 O.S. 2021, Sections 400, 401, and 401.1, which relate
11 to the Workers’ Compensation Court, the Workers’
12 Compensation Court of Existing Claims Revolving Fund,
12 and the Workers’ Compensation Administrative Fund;
13 renaming the Workers’ Compensation Court of Existing
13 Claims; providing judge to serve on certain division
14 as additional duty; terminating appointment of
14 Administrator of the Court of Existing Claims;
15 transferring certain duties to the Administrative
15 Director of the Courts; modifying certain contract
16 authority; requiring Division to operate by certain
16 rules; modifying designation as court of record;
17 specifying allowable locations for certain hearings;
17 requiring institutions of higher education to make
18 facilities available under certain circumstances;
18 granting judge certain contempt authority; specifying
19 jurisdiction of Division; establishing procedures for
19 conducting business of Division; providing procedures
20 for appeal of certain decisions; preserving certain
20 rights and penalties; requiring electronic submission
21 of certain report by the Administrative Director of
21 the Courts; requiring inclusion of certain
22 information in report; modifying certain employment
22 authority; modifying names of certain funds;
23 modifying requirements for administration of certain
23 funds; updating statutory references; updating
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 1 statutory language; providing an effective date; and
1 declaring an emergency.
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4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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5 SECTION 1. AMENDATORY 20 O.S. 2021, Section 30.14, is
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6 amended to read as follows:
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7 Section 30.14. A. 1. In addition to the provisions of
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8 Sections 30.1 through 30.12 30.19 of Title 20 of the Oklahoma
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9 Statutes, and in addition to the four permanent divisions
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10 established by Section 30.2 of Title 20 of the Oklahoma Statutes,
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11 the Court of Civil Appeals shall consist of as many additional
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12 divisions as the Supreme Court may deem advisable to convene for
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13 prompt disposition of its docket. Each division shall consist of
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14 three Judges, at least two of whom shall concur in any decision. In
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15 the exercise of its powers granted by Article VII, Section 6 of the
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16 Oklahoma Constitution, the Supreme Court shall make temporary
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17 assignments of judicial officers, active or retired, and lawyers,
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18 having prior to their assignment the qualifications of a district
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19 judge, to sit on a division of the Court of Civil Appeals convened
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20 under the authority of this act section. Each division of the Court
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21 of Civil Appeals shall select its presiding Judge. The Supreme
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22 Court may prescribe by rule where the division shall sit and how
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23 that Court shall conduct its business and practice before it.
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 1 2. The Court of Civil Appeals shall establish a division to be
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2 referred to as the Court of Existing Claims (CEC) Division of the
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3 Court of Civil Appeals which shall be vested with jurisdiction over
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4 all claims filed pursuant to the Workers’ Compensation Code or
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5 previous statute in effect on the date of an injury that occurred
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6 before February 1, 2014. In no event does the CEC Division have
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7 jurisdiction over any claim arising on or after the effective date
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8 of this act.
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9 B. Each division of the Court of Civil Appeals convened under
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10 the authority of this act section shall have jurisdiction to
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11 determine or otherwise dispose of any case assigned to it by the
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12 Supreme Court, and its decisions, when final, shall be neither
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13 appealable to the Supreme Court nor be subject to reexamination by
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14 another division of the Court of Civil Appeals or by the Judges of
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15 that Court sitting en banc. The Supreme Court may recall a case
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16 from the Court of Civil Appeals; it may review a decision of the
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17 Court of Civil Appeals when a majority of its Justices direct that
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18 certiorari be granted. In any case assigned to it by the Supreme
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19 Court, the Court of Civil Appeals shall have the power to issue
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20 writs of habeas corpus, mandamus, quo warranto, certiorari, and
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21 prohibition.
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22 C. The opinions of the Court of Civil Appeals shall be written
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23 in the form prescribed by the Supreme Court. No opinion of the
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24 Court of Civil Appeals shall be binding or cited as a precedent
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 1 unless it has been approved by the Supreme Court for publication in
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2 the official reporter. The Supreme Court shall prescribe by rule
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3 which opinion or decision, if any, of the Court of Civil Appeals
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4 shall be published in the unofficial reporter.
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5 D. The jurisdiction, powers, duties and procedures of the Court
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6 of Civil Appeals shall be as provided by rules of the Supreme Court
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7 unless otherwise provided by statute.
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8 E. No judicial officer, except as otherwise authorized by law,
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9 temporarily assigned to sit on the Court of Civil Appeals shall be
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10 entitled to additional compensation for judicial service on that
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11 Court. Expenses of judicial officers and lawyers assigned to the
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12 Court of Civil Appeals incurred in performing their duties shall be
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13 reimbursed pursuant to the State Travel Reimbursement Act, Section
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14 500.1 et seq. of Title 74 of the Oklahoma Statutes.
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15 F. The Supreme Court shall prescribe by rule the scope of
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16 review it will afford when a petition for certiorari to the Court of
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17 Civil Appeals is filed.
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18 SECTION 2. AMENDATORY 85A O.S. 2021, Section 122, as
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19 amended by Section 1, Chapter 19, 1st Extraordinary Session, O.S.L.
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20 2023 (85A O.S. Supp. 2023, Section 122), is amended to read as
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21 follows:
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22 Section 122. A. The Workers’ Compensation Commission Revolving
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23 Fund established by Section 28.1 of this title shall be used for the
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 1 costs of administering the Administrative Workers’ Compensation Act
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2 and for other purposes as authorized by law.
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3 B. For the purpose of providing funds for the Workers’
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4 Compensation Commission Revolving Fund, for the Workers’
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5 Compensation Court of Existing Claims (CEC) Division of the Court of
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6 Civil Appeals Administrative Fund created in Section 401.1 of this
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7 title, for the Multiple Injury Trust Fund created in Section 28 of
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8 this title, and to fund other provisions within this title, the
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9 following tax rates shall apply:
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10 1. Each mutual or interinsurance association, stock company,
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11 CompSource Mutual Insurance Company or other insurance carrier
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12 writing workers’ compensation insurance in this state shall pay to
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13 the Oklahoma Tax Commission an assessment at a rate of one percent
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14 (1%) of all gross direct premiums written during each quarter of the
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15 calendar year for workers’ compensation insurance on risks located
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16 in this state after deducting from such gross direct premiums,
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17 return premiums, unabsorbed portions of any deposit premiums, policy
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18 dividends, safety refunds, savings and other similar returns paid or
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19 credited to policyholders. Such payments to the Oklahoma Tax
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20 Commission shall be made not later than the fifteenth day of the
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21 month following the close of each quarter of the calendar year in
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22 which such gross direct premium is collected or collectible.
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23 Contributions made by insurance carriers and CompSource Mutual
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24 Insurance Company, under the provisions of this section, shall be
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 1 considered for the purpose of computing workers’ compensation rates;
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2 and
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3 2. When an employer is authorized to become a self-insurer, the
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4 Commission shall so notify the Oklahoma Tax Commission, giving the
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5 effective date of such authorization. The Oklahoma Tax Commission
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6 shall then assess and collect from the employers carrying their own
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7 risk an assessment at the rate of two percent (2%) of the total
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8 compensation for permanent total disability awards, permanent
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9 partial disability awards and death benefits paid out during each
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10 quarter of the calendar year by the employers. Such assessment
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11 shall be payable by the employers and collected by the Oklahoma Tax
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12 Commission according to the provisions of this section regarding
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13 payment and collection of the assessment created in paragraph 1 of
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14 this subsection.
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15 C. It shall be the duty of the Oklahoma Tax Commission to
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16 collect the payments provided for in this title. The Oklahoma Tax
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17 Commission is hereby authorized to bring an action for the recovery
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18 of any delinquent or unpaid payments required in this section. The
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19 Oklahoma Tax Commission may also enforce payments by proceeding in
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20 accordance with the provisions of Section 98 of this title.
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21 D. The Oklahoma Tax Commission shall pay monthly to the State
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22 Treasurer to the credit of the Multiple Injury Trust Fund all monies
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23 collected under the provisions of this section, less the annual
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24 amounts which shall be apportioned by the Oklahoma Tax Commission,
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 1 as follows; provided, however, if the fund in any one month is
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2 insufficient to make the required payments, the unpaid portion shall
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3 be paid as soon as funds become available:
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4 1. Five Million Five Hundred Thousand Dollars ($5,500,000.00)
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5 shall be payable each fiscal year in equal monthly installments to
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6 the credit of the Workers’ Compensation Commission Revolving Fund
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7 established in Section 28.1 of this title to be used to implement
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8 the provisions of this title; and
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9 2. One Million Seven Hundred Fifty Thousand Dollars
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10 ($1,750,000.00) shall be payable in equal monthly installments to
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11 the credit of the Workers' Compensation Court of Existing Claims
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12 (CEC) Division of the Court of Civil Appeals Administrative Fund
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13 established in Section 401.1 of this title for the fiscal year
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14 ending June 30, 2023, and Two Hundred Fifty Thousand Dollars
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15 ($250,000.00) payable in equal monthly installments to such fund for
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16 the fiscal year beginning July 1, 2023, and each subsequent fiscal
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17 year.
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18 Monies deposited in the Workers’ Compensation Court of Existing
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19 Claims (CEC) Division of the Court of Civil Appeals Administrative
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20 Fund shall be used by the Workers’ Compensation Court of Existing
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21 Claims (CEC) Division to implement provisions provided for in this
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22 title. All unencumbered funds remaining in the Workers'
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23 Compensation Administration Court of Existing Claims (CEC) Division
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24 of the Court of Criminal Appeals Administrative Fund on July 1,
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 1 2027, shall be transferred to the State Treasurer to be returned to
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2 the Multiple Injury Trust Fund.
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3 E. The refund provisions of Sections 227 through 229 of Title
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4 68 of the Oklahoma Statutes shall be applicable to any payments made
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5 pursuant to this section.
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6 SECTION 3. AMENDATORY 85A O.S. 2021, Section 400, is
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7 amended to read as follows:
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8 Section 400. A. The Workers’ Compensation Court of Existing
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9 Claims (CEC) shall be renamed the Workers’ Compensation Court of
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10 Existing Claims (CEC) Division of the Court of Civil Appeals as
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11 established by Section 30.14 of Title 20 of the Oklahoma Statutes
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12 for the purpose of hearing disputes relating to claims that arise
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13 arose before February 1, 2014. The Court shall consist of the
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14 existing judges for the remainder of his or her term. Each judge of
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15 the Court shall continue to serve as the appointment to a designated
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16 position on the Court. The terms of the judges by position number
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17 shall expire on the following dates:
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18 Position 4 shall expire 7-1-20.
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19 Position 5 shall expire 7-1-20.
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20 Position 8 shall expire 7-1-20.
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21 Position 9 shall expire 7-1-20.
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22 B. Effective July 1, 2020 July 1, 2024, the Workers’
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23 Compensation Court of Existing Claims CEC Division of the Court of
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24 Civil Appeals shall consist of one judge to be appointed by the
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 1 Governor, with confirmation by the Senate. The judge shall be
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2 appointed for a term to expire on July 1, 2022. The Governor shall
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3 select the judge from a list of three applicants submitted to the
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4 Governor by the Judicial Nominating Commission. If the list is not
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5 acceptable to the Governor, the Governor may request from the
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6 Judicial Nominating Commission a list of names of three additional
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7 applicants. Any present judge of the Court of Existing Claims may
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8 apply to the Judicial Nominating Commission for appointment to fill
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9 any position authorized by this section who currently serves as a
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10 member of the Court of Civil Appeals on a rotational basis as
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11 determined by the Chief Justice of the Supreme Court. Such
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12 appointment shall be an additional duty requirement.
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13 C. A judge may be removed for cause by the Court on the
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14 Judiciary prior to the expiration of his or her term.
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15 D. Each judge shall receive a salary equal to that paid to a
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16 district judge of this state, and shall devote full time to his or
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17 her duties and shall not engage in the private practice of law
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18 during the term in office.
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19 E. If a vacancy occurs on the Court of Existing Claims, the
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20 Governor shall appoint a judge to serve the remainder of the term
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21 from a list of three applicants submitted to the Governor by the
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22 Judicial Nominating Commission, with confirmation of the State
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23 Senate. If the list is not acceptable to the Governor, the Governor
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 1 may request from the Judicial Nominating Commission a list of the
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2 names of three additional applicants.
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3 F. 1. Effective January 1, 2020 July 1, 2024, the Governor
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4 shall appoint an appointment of the Administrator of the Court of
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5 Existing Claims, who shall serve at the pleasure of the Governor.
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6 The Administrator shall be appointed by the Governor with the advice
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7 and consent of the Senate. The compensation for the Administrator
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8 shall be set at ninety percent (90%) of the compensation of a
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9 district court judge shall terminate, with all duties to be assumed
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10 by the Administrative Director of the Courts.
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11 2. The Administrator Director shall employ and supervise the
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12 work of employees of the CEC Division of the Court of Civil Appeals
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13 and shall have the authority to expend funds and contract on behalf
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14 of the Court CEC Division. The Administrator Director may contract
14<