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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3595 By: Hill
AS INTRODUCED
An Act relating to labor; amending 40 O.S. 2021,
Sections 2-417, 2-418 and 2-504, which relate to the
Employment Security Act of 1980 ; modifying seeking
and accepting of wor k; requiring Commission to
maintain online jobs center; providing for
verification of eligibility for initial claim for
benefits; requiring Commission to cross-check and
investigation of claims; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 40 O.S. 2021, Section 2 -417, is
amended to read as follows:
Section 2-417. Seek and accept work - Week of occurrence
disqualification.
SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION.
A. An individual shall be disqualified to receive benefits for
each week in which the individual shall have failed to do a ny of the
following:
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1. Diligently search for suitable employment at a p ay rate
generally available in that area of the state in keeping with his or
her prior experience, education and training;
2. Make application for work with at least four (4) employers
who could reasonably be expected to have work available; or
3. Present oneself as an applicant for employment in a manner
designed to encourage favorable employment consideration.
B. The requirements o f subsection A of this section shall be
waived if the individual has been summoned to appear for jury duty
before any court of the United States or of any state. The waiver
will continue for as long as the individual remains on jury duty
pursuant to the original summons.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 2 -418, is
amended to read as follows :
Section 2-418. Seek and accept work - Indefinite
disqualification.
SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION.
A. An individual shal l be disqualified to receive benef its for
the full period of unemployment next ensuing after the individual
shall have failed to do any of the following:
1. Accept an offer of suitable work, as defined by Sections 2 -
408 and 2-409 of this title, from an em ployer including any former
employer;
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2. Apply for or accept suitable work, as defined by Sections 2 -
408 and 2-409 of this title, when so directed by the Commission; or
3. Accept employment pursuant to a hiring hall agreement when
so offered.
Such disqualification shall continue until th e individual has become
reemployed and has earned wages equal to or in excess of ten times
his or her weekly benefit amount.
B. An employer who provides evidence of an offer of suitable
work pursuant to paragraph 1 of sub section A of this section shall
be proof of the failure of the individual to meet this requirement
and shall result in the immediate cessation of benefits until a
determination can be made by the Commission. The Commission shall
conduct a timely investiga tion of any such claim and verify the
offer of suitable work.
C. Any individual who shall have failed in any o f the
requirements of subsection A of this section due to illness, death
of a family member or other extenuating circumstance beyond his or
her control shall be disqualified for r egular benefits under this
section only for the week of the occurrence of suc h circumstance
beyond his or her control.
D. The Commission shall maintain, or work with another public
entity to maintain, an online j obs center that allows employers in
this state to post job openings, to include job description,
necessary qualification s, expected hours of work, and estimated
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compensation package for each job. The Commission shall require
each claimant for benefits to t ake a skills test and create an
account and resume in the online jobs center. The Commission shall
refer claimants to up to four (4) jobs per week that are likely to
constitute suitable work according to Sections 2 -408 and 2-409 of
this title, and claimants sha ll apply to those jobs and participate
in any interviews or skills tests offered to them by an employer.
Failure to apply to a job or participate in an offered interview or
skills test for suitable employment shall lead to a termination of
benefits for that week.
SECTION 3. AMENDATORY 40 O.S. 2021, Section 2 -504, is
amended to read as follow s:
Section 2-504. Determinations of benefits.
A. DETERMINATIONS OF BENEFITS. A determination upon a claim
for benefits shall be made promptly by a representative of the
Commission. It shall include a statement as to whether and in what
amount claimant is entitled to benefits for the week with respect to
which the determination is made. In the event the claimant is
determined to be ineligible f or or disqualified from benefits under
Part 2 or Part 4 of this Article the determination shall state the
reasons therefor. The initial determination in a benefit year shall
include a statement as to whether the claimant has been paid the
wages required under this act, and if so, the beginning and ending
dates of the benefit year, the weekly benefit amount , and the
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maximum total amount of benefits payable to him or her with respect
to such benefit year.
B. The Commission shall do all of the following to v erify the
eligibility of an initial claim for benefits before paying benefits
to that claim:
1. Require the claimant to submit proof of id entity with his or
her claim or otherwise use an identity verification application to
verify the identity of all clai mants;
2. Verify the eligibility of any claims filed from an IP
address located outside of the state of Oklaho ma, and
3. Verify the eligibility of one or more claims associated with
the same bank account, mailing address, or email address as another
current or pending claim for benefits.
C. The Commission shall investigate any information that may
indicate claimant ineligibility prior to paying benefits for the
week in which the information was identified and any subsequent
week. On a weekly basis the C ommission shall cross-check all claims
against the following data sets in order to verify eligibility for
benefits:
1. The National Association of State Workforce Agencies '
Integrity Data Hub;
2. The United States Department of Health and Human Services
National Directory of New Hires ;
3. The state directory of new hires ;
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4. Any inmate database maintained by th e Oklahoma Department of
Corrections;
5. The Social Security Administration 's Prisoner Update
Processing System;
6. The Centers for Disease Con trol and Prevention's National
Vital Statistics System 's Death Record Database ;
7. Death records maintained by the Oklahoma Department of
Health; and
8. The U.S. Citizenship and Immigration Services ' Systematic
Alien Verification for Entitlements ( SAVE) database.
SECTION 4. This act shall beco me effective November 1, 2024.
59-2-8866 LRB 01/02/24