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SENATE FLOOR VERSION
March 25, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3595 By: Hill of the House
and
Alvord of the Senate
[ labor - seeking and accepting of work - online jobs
center - claims - 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.
A. An individual shall be disqualified to rec eive benefits for
each week in which 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, educati on and training;
2. Make application for work with employers who could
reasonably be expected to have work available the minimum number of
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weekly work search efforts as required by the Oklahoma Employment
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 jury duty
before any court of the United S tates 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.
A. An individual shall be disqualified to receive benefits for
the full period of unemployment next ensuing after the individual
shall have failed to do any of the follow ing:
1. Accept an offer of suit able 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 defined 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.
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Such disqualification shall continue until the individual has become
reemployed and has earned wages equal to or in excess of ten t imes
his or her weekly benefit a mount.
B. An employer who provides evidence of an offer of suitable
work pursuant to paragraph 1 of subsection 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 benef its until a
determination can be made by the Commission. The Commission shall
conduct a timely investigation of any such claim and verify the
offer of suitable work.
C. Any individual who shall have failed in any of 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 regular benefits under this
section only for the week of the occurrence of such circumstance
beyond his or her contro l.
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 this state to post job openings, to include
job description, nece ssary qualifications, expected h ours of work,
and estimated compensation package for each job. The Commission
shall require each claimant for benefits to take a skills test and
create an account and resume in the online jobs system. An
individual shall be disqualified to receive benefi ts for the full
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period of unemployment for failing to meet any skills requirements
set forth by the Commission.
E. An individual shall be disqualified to receive benefits for
the full period of unemployment next ensuing aft er 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 training;
2. Make the minimum number of applications for w ork as required
by the Commission with 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 considera tion.
SECTION 3. AMENDATORY 40 O.S. 2021, Section 2 -504, is
amended to read as follows:
Section 2-504.
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 for
or disqualified from benefit s under Part 2 or Part 4 of this
Article, the determination shall state the reasons therefor. The
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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 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 c laim for benefits before paying benefits
to that claim:
1. Require the claimant to submit proof of identity 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.
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 b y the Commission in order to verify
eligibility for benefits, including but not limited to:
1. The National Association of State Workforce Agencies'
Integrity Data Hub;
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2. The United States Department of Health and Human S ervices
National Directory of Ne w Hires;
3. The state directory of new hires;
4. Any inmate database maintained by the Oklahoma Department of
Corrections;
5. The Social Security Administration's Prisoner Update
Processing System;
6. The Centers for Disease Control and Prevention's Na tional
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 become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
March 25, 2024 - DO PASS AS AMENDED