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SENATE FLOOR VERSION
February 14, 2023
SENATE BILL NO. 703 By: Murdock
An Act relating to the Administrative Worker s’
Compensation Act; amending 85A O.S. 20 21, Section
122, which relates to costs of administering act;
modifying requirements for payments from Multiple
Injury Trust Fund; updating statutory reference;
providing an effective date; and declaring an
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 Workers ’
Compensation Act and for other purposes as authorized 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
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:
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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 effective
date of such authorization. The Tax Commission shall then assess
and collect from the employers carrying their own risk an assessment
at the rate of two percent ( 2%) of the total compensation for
permanent total disability awards, permanent partial disability
awards and death benefits paid out during each quarter of the
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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 collection 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 delinquent 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 F und 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 Fund established in
Section 28.1 of this title for the fiscal year ending June 30, 20 16,
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
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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 401.1 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.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason w hereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
February 14, 2023 - DO PASS