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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3595 By: Hill
COMMITTEE SUBSTITUTE
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 OKL AHOMA:
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 employers who could
reasonably be expected to have work available the minimum number of
weekly work search efforts as required by the Oklahoma E mployment
Security Commission; or
3. Present oneself as an applicant for employment in a manner
designed to encourage favorable employment consideration .
B. The requirements of subsection A of this section shall be
waived if the individual has been summoned to appear for j ury duty
before any court of the United States or of any state. The waiver
will continue for as long as the individual remains on jur y 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 shall 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:
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1. Accept an offer of suitable work, as defined by Sections 2 -
408 and 2-409 of this title, from an employer including any former
employer;
2. Apply for or accept suitable work, as define d by Sections 2-
408 and 2-409 of this title, when so directed by the Oklahoma
Employment Security 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 evid ence of an offer of suitable
work pursuant to paragraph 1 of sub section A of this section shall
be proof of the failure o f 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.
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D. The Commission shall maintain or work with another public
entity to maintain access to a skills test and an online jobs system
that allows employers in th is state to post job openings, to include
job description, necessary qualification s, expected hours of work,
and estimated compensatio n 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 system. An
individual shall be disqualified to receive benefits for the full
period of unemployment f or failing to meet any skills requirements
set forth by the Commission.
E. An individual shall be disqualified to receiv e benefits for
the full period of unempl oyment next ensuing after the individual
shall have failed to do any of the following:
1. Diligently search for suitable employment at a pay rate
generally available in that area of the state in keeping with his or
her prior experience, education and train ing;
2. Make the minimum number of applications for work as required
by the Commission with e mployers who could reasonably be expected to
have work available; or
3. Present oneself as an applicant for employment i n a manner
designed to encourage favorable employment consideration.
SECTION 3. AMENDATORY 40 O.S. 2021, Sect ion 2-504, is
amended to read as follows:
Section 2-504. Determinations of benefits.
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A. DETERMINATIONS OF BENEFITS. A determination upon a claim
for benefits shall be made promptly by a representative of the
Oklahoma Employment Security 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 Par t 2 or Part 4 of this
Article, the determination shall state the reasons therefor. The
initial determination in a benefi t year shall include a statement as
to whether the claimant has been paid the wages required u nder this
act, and if so, the beginning a nd ending dates of the benefit year,
the weekly benefit amount , and the maximum total amount of benefits
payable to him or her with respect to such benefit year.
B. The Commission shall do the following to verify the
eligibility of an initial claim for be nefits before paying benefits
to that claim:
1. Require the claimant to submit proof of id entity prior to
his or her claim by using an identity verification source or service
offered by the Commission to verify the identity of all claimants;
and
2. To prevent and detect fraudulent activity, eligibility of
claims will be verified using a diverse set of data deemed
beneficial by the Commission, including but not limited to IP
addresses and various other demographic data.
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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. The Commission may cross-check all claims against any data
sets deemed beneficial by the Commi ssion in order to verify
eligibility for benefits, including but not limited to :
1. The National Association of State Workforce Agencies'
Integrity Data Hub;
2. The United States Department of Health and Human Service s
National Directory of New Hires ;
3. The state directory of new hires;
4. Any inmate database maintained by the Oklah oma Department of
Corrections;
5. The Social Security Administration 's Prisoner Update
Processing System;
6. The Centers for Disease C ontrol and Prevention's National
Vital Statistics System's Death Record Database;
7. Death records maintained by th e 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 become effective November 1, 2024.
59-2-10326 LRB 02/20/24
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