SB703 HFLR Page 1 BOLD FACE denotes Committee Amendm ents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) ENGROSSED SENATE BILL NO. 703 By: Murdock of the Senate and Newton of the House [ Administrative Worker s’ Compensation Act - costs of administering act - requirements - payments from Multiple Injury Trust Fund - effective date – 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 Worker s’ Compensation Act and for other purposes as aut horized by law. 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 SB703 HFLR Page 2 BOLD FACE denotes Committee Amendm ents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 w hich 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 2. When an employer is authorized to be come a self-insurer, the Commission shall so notify the Tax Commission, giving the effecti ve date of such authorization. The Tax Commission shall then assess and collect from the employers carrying their own risk an assessment SB703 HFLR Page 3 BOLD FACE denotes Committee Amendm ents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 at the rate of two percent ( 2%) of the total compensation for permanent total disability awards, permanent partial dis ability 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 Tax Commission according to the provisions of this section regarding payment and c ollection of the assessment created in paragraph 1 of this subsection. C. It shall be the duty of the Tax Commission t o collect the payments provided for in this tit le. The Tax Commission is hereby authorized to bring an action for the recovery of any d elinquent or unpaid payments required in this section. The Tax Commission may also enforce payments by proceeding in ac cordance with the provisions of Section 98 of t his title. D. The 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 whic h shall be apportioned by the Oklahoma Tax Comm ission as follows; provided, however, if the Fund in any one month is insufficient to make the required payments, the unpaid portion shall be pa id as soon as funds become available : 1. Five Million Dollars ($5,000,000.00) shall be payable each fiscal year in equal monthly installments to the credit of the Workers’ Compensation Commission Revolving Fun d established in Section 28.1 of this title for the fiscal year ending June 30, 20 16, SB703 HFLR Page 4 BOLD FACE denotes Committee Amendm ents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 subsequent 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 40 1.1 of this title for the fiscal ye ar 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 ($3,0 00,000.00) for the fiscal year ending June 30, 2019, One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) for the f iscal year ending June 30, 2020, One Million Seven Hundred Fifty Thousand Dollars ($1,750 ,000.00) for the fiscal year ending June 30, 2022, and for all subsequent years during the existence of the Court of Existing Claims. Monies deposited in the Workers ’ Compensation Administr ative Fund shall be used by the Workers’ Compensation Court of Existing Claims to implement provisio ns provided for in thi s title. 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 become effective July 1, 2023. SB703 HFLR Page 5 BOLD FACE denotes Committee Amendm ents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 JUDICIARY - CIVIL, dated 04/10/2023 - DO PASS, As Amended.