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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2384 By: Sterling and Hilbert
AS INTRODUCED
An Act relating to workers' compensation; defining
terms; authorizing reduction in insurance premiums
for workers' compensation poli cies if the employer is
a work-based learning employer; providing
qualifications and requirements for reduction in
premiums; providing for codification; and providing
an effective date.
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 42.1 of Title 85A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Work-based learning coordinator" mean s a teacher, as
defined by Section 6 -101.3 of Title 70 of the Oklahoma Statutes, who
coordinates and supervises students in work -based learning
placements;
2. "Work-based learning employer" means an employer who
provides work-based learning placements;
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3. "Work-based learning placement" or "placement" means an
arrangement between a business or industry partner and a local
school system in which students are released for a portion of the
school day for structured learning at an employer's job site in
either a paid or unpaid position while receiving academic credit.
Work-based learning placements include, but are not limited to,
employability skill development, service learning, cooperative
education, internship, youth apprenticeship, and clinical
experiences; and
4. "Work-based learning student" means a student sixteen (16)
years of age or older in a work -based learning placement for an
employer.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 42.2 of Title 85A, unless there
is created a duplication in numbering, reads as follows:
A. For each policy of workers' compensation insurance issued or
renewed in this state on or after November 1, 2021 , there may be
granted by the insurer a reduction in the premium for such policy,
not to exceed five percent (5%), if the insured has been certified
by the State Board of Career and Technology Education to the
Administrative Workers' Compensation Commission as a work -based
learning employer pursuant to S ection 3 of this act and has notified
its insurer in writing of such certification.
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B. If granted, the premium discount provided by this section
may be applied to an insured's policy of workers' compensation
insurance at the discretion of the insured's in surer pro rata as of
the date the insured receives such certification and shall continue
for as long as the insured maintains the certification; provided,
however, that an insurer shall not be required to credit the actual
amount of the premium discount to the account of the insured until
the final premium audit under such policy. Certification of an
insured shall be required for each year in which a premium discount
is granted.
C. If it is determined that an insured misrepresented its
qualifications for certification pursuant to Section 3 of this act,
the workers' compensation insurance policy of such insured may be
subject to an additional premium for the purposes of reimbursement
of a previously granted premium discount and to cancellation in
accordance with the provisions of the policy.
D. Each insurer, at the discretion of the insured's insurer if
granting a premium reduction, shall make an annual report, in
accordance with rules promulgated by the Insurance Commissioner, to
the Insurance Commissioner illustrating the total dollar amount of
the premium discounts applied pursuant to this section.
E. The Insurance Commissioner and the State Board of Career and
Technology Education shall conduct a study to determine the impact
of the premium discounts pr ovided pursuant to this section in
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encouraging employers to provide work -based learning opportunities
for students sixteen (16) years of age or older.
F. The Insurance Commissioner shall be authorized to promulgate
rules necessary for the implementation a nd enforcement of this
section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42.3 of Title 85A, unless there
is created a duplication in numbering, reads as follows:
A. A work-based learning employer that has been certified
pursuant to this section may be eligible for a premium discount
under the employer's workers' compensation insurance policy pursuant
to Section 2 of this act if the State Board of Career and Technology
Education certifies to the Administrative Workers' Compensation
Commission and the Insurance Commissioner that the work -based
learning employer:
1. Has entered into a training agreement with one or more work -
based learning students, the student's parent or guardian, and the
school's work-based learning coordinator;
2. Has developed, in conjunction with the school's work -based
learning coordinator, a detailed training plan for the work -based
learning student that focuses on development of technical skills and
employability skills;
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3. Assigns a mentor to each work -based learning student and
assists in monitoring the progress of the student; provided, a
mentor may be assigned to more than one student;
4. Provides workers' compensation insurance coverage for each
work-based learning student;
5. Complies with all federal, state, and local laws and
regulations regarding the employment of students; and
6. Complies with the rules of the State Board of Career and
Technology Education regarding work -based learning placement.
B. A self-insured employer or an employer member of a group
self-insurance association that provides work -based learning
placements for one or more work -based learning students
substantially in accordance with this section may be certified by
the State Board of Career and Technology Education to the Insurance
Commissioner and the Administrative Workers' Compensation Commission
as a work-based learning employer in compliance with this act.
SECTION 4. This act shall become effective November 1 , 2021.
58-1-6197 MAH 01/11/21