Req. No. 7004 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2768 By: Munson
AS INTRODUCED
An Act relating to call centers; defining terms;
applying provisions of act to certain call centers;
requiring call centers to notify Insurance Department
of plans to terminate or relocate; establishing civil
penalty for violation of act; authorizing Attorney
General to bring suit to enforce penalty; requiring
Insurance Department to maintain list of certain
businesses for certain length of time; requiring
Department to distribute list to certain entities;
establishing terms for removal of entity from list;
requiring certain call center employees to disclose
certain information; requiring all state agency call
center services to be in state; 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 810 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Call center" means a business entity o r a division of a
business entity with a primary purpose involving initiating or
receiving telephone c ommunications on behalf of a person for th e
purpose of initiating sales including making a telephone
Req. No. 7004 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
solicitation, providing services or providing or rece iving
information in connection w ith the provision of services;
2. "Call center employee" means a person employed by or working
on behalf of a call center;
3. "Customer" means a resident of this state who receives a
call from or places a call to a call c enter;
4. "Department" means the Insurance Department;
5. "Public agency" means this state or an agency,
instrumentality or political subdivis ion of this state including a
county, municipality , public school district or special -purpose
district or authority; and
6. "Public subsidy" means a program, benefit or assistance of
any type offered by a public agency that is designed to stimulate
the economic development of a corporation, industry or sector of the
economy of this state or to create or retain j obs in this state.
The term includes grants, loans, loan guarantees, benefits relating
to an enterprise or empowerment zone, fee waivers, land pri ce
subsidies, infrastructure development and improvements designed to
principally benefit a single business o r defined group of
businesses, matching funds, tax refunds, tax rebates or tax
abatements offered by a public agency.
B. This section shall apply to a business that is a call center
or operates a call center that has:
Req. No. 7004 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. At least fifty call center employees located in this state
excluding call center employees who work less than twenty (20) hours
per week; or
2. At least fifty call center employees located in this state
who, in the aggregate, work a total of at least one thousand five
hundred (1,500) hours per week.
C. 1. A business shall notify the Department if the business
plans to:
a. terminate call center employee positions in this state
that handle at least fifty percent (50%) of total
customer service call volume for the busin ess, as
measured against the previous twelve-month-average
customer service call volume of the business , and
b. relocate the duties of those positions to persons in
one or more call centers located outside of the United
States.
2. The business shall notif y the Department of its intent to
terminate and relocate the pos itions at least one hundred twenty
(120) days before the term ination or relocation of the positions .
3. A business that violates this section is liable to this
state for a civil penalty in an amount not to exceed Ten Thousand
Dollars ($10,000.00) for each day that the business is in violation .
4. The Attorney General may bring suit to recover the civil
penalty imposed under paragraph 3 of this subsection.
Req. No. 7004 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. 1. The Department shall maintain a list of businesses that
have terminated and relocated call center employee positions as
described in subsection C of this section.
2. The Department shall make the list available to the public
and shall semiannually distribute the list to all stat e agencies and
the Better Business Bureau.
3. Except as provided by paragraph 4 of this subsection, a
business that is added to t he list may not be removed from the list
for five (5) years after the business was added to the list.
4. If a business has been placed on the list after terminating
and relocating call center employee positions and returns call
center employee position s to the state, the Department shall remove
the business from the list if the business employs as many of the
positions as it originally terminated and relocated.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 811 of Title 40, unless there is
created a duplication in numbering, reads as follows:
On the request of a customer, a business shall ensure that each
call center employee who communicates with a customer on behalf of
the business discloses to the customer:
1. The city, state and country where the call center employee
is located;
2. The name or registered alias of the call center employee;
and
Req. No. 7004 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The name of the employer of the call center employee.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 812 of Title 40, unless there is
created a duplication in numbering, reads as follows:
All call center services performed on behalf of a state agency
must be performed in this state.
SECTION 4. This act shall become effective November 1, 20 23.
59-1-7004 LRB 12/12/22