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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Extraordinary Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1028 By: Wallace and Martinez of the
House
and
Thompson (Roger) and Hall
of the Senate
COMMITTEE SUBSTITUTE
An Act relating to the Administrative Worker s’
Compensation Act; amending 85A O.S. 20 21, Section
122, which relates to costs of administering act;
modifying distribution of certain funds; limiting
period of certain distribution; providing for return
of distributions on certain date; updating statutory
reference; providing an effective date; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 122, is
amended to read as follows:
Section 122. A. The Workers’ Compensation Commission Revolving
Fund established by Section 28.1 of t his title shall be used for the
costs of administering this act the Administrative Workers’
Compensation Act and for other purpos es as authorized by law.
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B. For the purpose of providing funds for the Workers’
Compensation Commission Revolving Fund, for the Workers’
Compensation Administrative Fund c reated in Section 401.1 of this
title, for the Multiple Injury Trust Fund created in Section 28 of
this title, and to fund other provisions within this title, the
following tax rates shall apply:
1. Each mutual or interinsurance association, stock company ,
CompSource Mutual Insurance Company or other insurance carrier
writing workers’ compensation insurance in this state shall pay to
the Oklahoma Tax Commission an assessment at a rate of one percent
(1%) of all gross direct premiums written during each qua rter of the
calendar year for workers’ compensation insurance on risks located
in this state after deducting from such gross direct premiums,
return premiums, unabsorbed portions of any deposit premiums, polic y
dividends, safety refunds, savings and other similar returns paid or
credited to policyholders. Such payments to the Oklahoma Tax
Commission shall be made not later than the fifteenth day of the
month following the close of each quarter of the calendar year in
which such gross direct premium is collected or collectible.
Contributions made by insurance carriers and CompSource Mutual
Insurance Company, under the provisions of this section, shall be
considered for the purpose of computing workers ’ compensation rates;
and
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2. When an employer is authorized to be come a self-insurer, the
Commission shall so notify the Oklahoma Tax Commission, giving the
effective date of such authorization. The Oklahoma Tax Commission
shall then assess and collect from the employers carrying their own
risk an assessment at the rate of two percent ( 2%) of the total
compensation for permanent total disability awards, permanent
partial disability awards and death benefits paid out during each
quarter of the calendar year by the employers. Such assessment
shall be payable by the employers and collected by the Oklahoma Tax
Commission according to the provisions of this section regarding
payment and collection of the assessment created in paragraph 1 of
this subsection.
C. It shall be the duty of the Oklahoma Tax Commission to
collect the payments provided for in this title. The Oklahoma Tax
Commission is hereby authorized to bring an action for the recovery
of any delinquent or unpaid payments required in this section. The
Oklahoma Tax Commission may also enforce payments by proceeding in
accordance with the provisions of Section 98 of this title.
D. The Oklahoma Tax Commission shall pay monthly to the State
Treasurer to the credit of the Multiple Injury Trust Fund all monies
collected under the provisions of this section , less the annual
amounts which shall be apportioned by the Oklahoma Tax Commission,
as follows; provided, however, if the Fund in any one month is
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insufficient to make the required payments, the unpaid portion shall
be paid as soon as funds become available :
1. Five Million Five Hundred Thousand Dollars ($5,000,000.00)
($5,500,000.00) shall be payable each fiscal year in equal monthly
installments to the credit of the Workers’ Compensation Commission
Revolving Fund estab lished in Section 28.1 of this title for the
fiscal year ending June 30, 20 16, Three Million Dollars
($3,000,000.00) for the fiscal year ending June 30, 2017, and Four
Million Dollars ($4,000,000.00) for the fiscal year ending June 30,
2020, and for all su bsequent years to be used to implement the
provisions of this title; and
2. Four Million Dollars ($4,000,000.00) shall be payable in
equal monthly installments to the credit of the Workers’
Compensation Administrative Fund established in Section 401.1 of
this title for the fiscal year ending June 30, 2016, Three Million
Five Hundred Thousand Dollars ($3,500,000.00) for the fiscal year
ending June 30, 2017, Three Million Five Hundred Thousand Dollars
($3,500,000.00) for the fiscal year ending June 30, 2018, Three
Million Dollars ($3,000,000.00) for the fiscal year ending June 30,
2019, One Million Seven Hundred Fifty Thousand Dollars
($1,750,000.00) shall be payable in equal monthly installments to
the credit of the Workers' Compensation Administrative Fund
established in Section 401.1 of this title for the fiscal year
ending June 30, 2020, One Million Seven Hundred Fifty Thousand
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Dollars ($1,750,000.00) for the fiscal year ending June 30, 2022,
and for all subsequent years dur ing the existence of the Court of
Existing Claims 2023, and Two Hundred Fifty Thousand Dollars
($250,000.00) payable in equal monthly installments to such Fund for
the fiscal year beginning July 1, 202 3, and each subsequent fiscal
year.
Monies deposited in the Workers ’ Compensation Administr ative
Fund shall be used by the Workers’ Compensation Court of Existing
Claims to implement provisions provided for in this title. All
unencumbered funds remaining in the Worker s' Compensation
Administration Fund on July 1, 2027 , shall be transferred to the
State Treasurer to be returned to the Multiple Injur y Trust Fund.
E. The refund provisions of Sections 227 through 229 of Title
68 of the Oklahoma Statutes shall be app licable to any paymen ts made
pursuant to this section.
SECTION 2. This act shall bec ome effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by rea son whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIA TIONS
AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.