1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3595 By: Hill
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6 AS INTRODUCED
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7 An Act relating to labor; amending 40 O.S. 2021,
7 Sections 2-417, 2-418 and 2-504, which relate to the
8 Employment Security Act of 1980; modifying seeking
8 and accepting of work; requiring Commission to
9 maintain online jobs center; providing for
9 verification of eligibility for initial claim for
10 benefits; requiring Commission to cross-check and
10 investigation of claims; and providing an effective
11 date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 40 O.S. 2021, Section 2-417, is
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16 amended to read as follows:
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17 Section 2-417. Seek and accept work - Week of occurrence
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18 disqualification.
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19 SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION.
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20 A. An individual shall be disqualified to receive benefits for
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21 each week in which the individual shall have failed to do any of the
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22 following:
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 1 1. Diligently search for suitable employment at a pay rate
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2 generally available in that area of the state in keeping with his or
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3 her prior experience, education and training;
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4 2. Make application for work with at least four (4) employers
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5 who could reasonably be expected to have work available; or
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6 3. Present oneself as an applicant for employment in a manner
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7 designed to encourage favorable employment consideration.
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8 B. The requirements of subsection A of this section shall be
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9 waived if the individual has been summoned to appear for jury duty
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10 before any court of the United States or of any state. The waiver
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11 will continue for as long as the individual remains on jury duty
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12 pursuant to the original summons.
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13 SECTION 2. AMENDATORY 40 O.S. 2021, Section 2-418, is
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14 amended to read as follows:
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15 Section 2-418. Seek and accept work - Indefinite
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16 disqualification.
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17 SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION.
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18 A. An individual shall be disqualified to receive benefits for
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19 the full period of unemployment next ensuing after the individual
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20 shall have failed to do any of the following:
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21 1. Accept an offer of suitable work, as defined by Sections 2-
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22 408 and 2-409 of this title, from an employer including any former
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23 employer;
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 1 2. Apply for or accept suitable work, as defined by Sections 2-
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2 408 and 2-409 of this title, when so directed by the Commission; or
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3 3. Accept employment pursuant to a hiring hall agreement when
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4 so offered.
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5 Such disqualification shall continue until the individual has become
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6 reemployed and has earned wages equal to or in excess of ten times
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7 his or her weekly benefit amount.
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8 B. An employer who provides evidence of an offer of suitable
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9 work pursuant to paragraph 1 of subsection A of this section shall
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10 be proof of the failure of the individual to meet this requirement
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11 and shall result in the immediate cessation of benefits until a
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12 determination can be made by the Commission. The Commission shall
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13 conduct a timely investigation of any such claim and verify the
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14 offer of suitable work.
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15 C. Any individual who shall have failed in any of the
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16 requirements of subsection A of this section due to illness, death
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17 of a family member or other extenuating circumstance beyond his or
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18 her control shall be disqualified for regular benefits under this
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19 section only for the week of the occurrence of such circumstance
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20 beyond his or her control.
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21 D. The Commission shall maintain, or work with another public
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22 entity to maintain, an online jobs center that allows employers in
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23 this state to post job openings, to include job description,
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24 necessary qualifications, expected hours of work, and estimated
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 1 compensation package for each job. The Commission shall require
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2 each claimant for benefits to take a skills test and create an
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3 account and resume in the online jobs center. The Commission shall
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4 refer claimants to up to four (4) jobs per week that are likely to
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5 constitute suitable work according to Sections 2-408 and 2-409 of
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6 this title, and claimants shall apply to those jobs and participate
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7 in any interviews or skills tests offered to them by an employer.
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8 Failure to apply to a job or participate in an offered interview or
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9 skills test for suitable employment shall lead to a termination of
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10 benefits for that week.
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11 SECTION 3. AMENDATORY 40 O.S. 2021, Section 2-504, is
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12 amended to read as follows:
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13 Section 2-504. Determinations of benefits.
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14 A. DETERMINATIONS OF BENEFITS. A determination upon a claim
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15 for benefits shall be made promptly by a representative of the
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16 Commission. It shall include a statement as to whether and in what
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17 amount claimant is entitled to benefits for the week with respect to
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18 which the determination is made. In the event the claimant is
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19 determined to be ineligible for or disqualified from benefits under
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20 Part 2 or Part 4 of this Article the determination shall state the
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21 reasons therefor. The initial determination in a benefit year shall
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22 include a statement as to whether the claimant has been paid the
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23 wages required under this act, and if so, the beginning and ending
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24 dates of the benefit year, the weekly benefit amount, and the
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 1 maximum total amount of benefits payable to him or her with respect
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2 to such benefit year.
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3 B. The Commission shall do all of the following to verify the
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4 eligibility of an initial claim for benefits before paying benefits
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5 to that claim:
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6 1. Require the claimant to submit proof of identity with his or
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7 her claim or otherwise use an identity verification application to
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8 verify the identity of all claimants;
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9 2. Verify the eligibility of any claims filed from an IP
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10 address located outside of the state of Oklahoma, and
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11 3. Verify the eligibility of one or more claims associated with
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12 the same bank account, mailing address, or email address as another
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13 current or pending claim for benefits.
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14 C. The Commission shall investigate any information that may
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15 indicate claimant ineligibility prior to paying benefits for the
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16 week in which the information was identified and any subsequent
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17 week. On a weekly basis the Commission shall cross-check all claims
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18 against the following data sets in order to verify eligibility for
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19 benefits:
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20 1. The National Association of State Workforce Agencies'
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21 Integrity Data Hub;
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22 2. The United States Department of Health and Human Services
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23 National Directory of New Hires;
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24 3. The state directory of new hires;
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 1 4. Any inmate database maintained by the Oklahoma Department of
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2 Corrections;
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3 5. The Social Security Administration's Prisoner Update
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4 Processing System;
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5 6. The Centers for Disease Control and Prevention's National
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6 Vital Statistics System's Death Record Database;
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7 7. Death records maintained by the Oklahoma Department of
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8 Health; and
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9 8. The U.S. Citizenship and Immigration Services' Systematic
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10 Alien Verification for Entitlements (SAVE) database.
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11 SECTION 4. This act shall become effective November 1, 2024.
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13 59-2-8866 LRB 01/02/24
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