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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1800 By: Leewright
AS INTRODUCED
An Act relating to the Employment Security Act of
1980; amending 40 O.S. 2021, Section 1-201, which
relates to definitions; adding definitions; amending
40 O.S. 1-202.1, which relates t o extended base
period; removing definition; amending 40 O.S. 2021,
Section 1-209, which relates to employing unit;
removing definition; amending 40 O.S. 2021, Section
1-209.1, which relates to lessor emp loying unit;
removing definitions; updating statutory reference;
amending 40 O.S. 2021, Section 1 -209.2, which relates
to professional employer organization; removing
definitions; amending 40 O.S. 2021, Sec tion 1-217,
which relates to unemployed individual s; removing
definition; providing further conditions of
unemployment; specifying conditions for filing during
a continued claim series; providing for investigating
even when individual satisfies threshold
requirements; making language gender neutral;
amending 40 O.S. 2021, Section 1 -223, which relates
to taxable wages; removing definition; amending 40
O.S. 2021, Section 1-224, which relates to filing;
removing definitions related to telefaxing; updating
definitions to include digital filing through the
Oklahoma Employment Security Commission’s portal;
amending 40 O.S. 2021, Section 1-225, which relates
to supplemental unemployment benefit plan ; removing
definition; amending 40 O.S 2021, Section 1-228,
which relates to limited liability companies;
removing definition; specifying methods of notice by
the Commission; providing Commission’s preferred
method; allowing for option of use; amending 40 O.S.
2021, Section 2-203, which relates to claims;
removing provision for Commission to inform claimants
filing for unemployment benefits and require
certification statement during process; amending 40
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O.S. 2021, Section 2-205.1, which relates to ability
to work; removing specification for seeking or
accepting employment; making language gender neutral;
amending 40 O.S. 2021, Section 2-503, which relates
to claims, notices, and objections ; allowing for
electronic notice; allowing for option of use;
removing provisions for notice by mail; amending 40
O.S. 2021, Section 2 -503.1, which relates to filing
of employer protest; removing optional use of portal;
amending 40 O.S. 2021, Section 2 -605, which relates
to notice of decision; providing for notice by
electronic means; allowing for op tion of use;
removing criteria for mail notice; amending 40 O.S.
2021, Section 2-606, which relates to appeals;
removing condition for notice by mail; amending 40
O.S. 2021, Section 3-106, which relates to benefit
wages charged; removing conditions for method of mail
notice; adding reference for filings and hearings by
the Assessment Board; removing provision for written
protest; amending 40 O.S. 2021, Section 3 -115, which
relates to appeal of determination; updating
statutory language; amending 40 O.S. 2021, Section 3 -
307, which relates to remittances; providing for
Commission to promulgate rules for payment of
unemployment taxes; amending 40 O.S. 2021, Secti on 4-
205, which relates to temporary members; providing
for appointment of an additional temporary member by
the Governor in the event of disqualification of a
member for the Board of Review; amending 40 O.S.
2021, Section 4-508, which relates to information to
be kept confidential; updating statutory language;
permitting disclosure of information for additional
agencies by Commission; repealing 40 O.S. 2021,
Sections 1-202, 1-202.2, 1-203, 1-204, 1-205, 1-206,
1-207, 1-211, 1-212, 1-213, 1-215, 1-216, 1-219, 1-
220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-711, 2-
713, and 3-118, which relate to the Employment
Security Act of 1980 ; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 40 O.S. 2021, Section 1-201, is
amended to read as follows:
Section 1-201. The words and phrase s As used in this act shall,
unless the context cl early requires otherwise, have the meanings
prescribed in Part 2 of this Article the Employment Security Act of
1980:
1. “Additional initial claim ” means a claim applicatio n which
reactivates a claim during an existing benefit year and certifies to
a period of employment which occurred subsequent to the date of the
filing of the last initial, additional , or reopened claim;
2. “Alternative base period” means the most recent four (4)
completed calendar quart ers immediately preceding the first day of
an individual’s benefit year. In the event that an individual ’s
claim uses an alternative base period to meet the wage requ irement
under Section 2-207 of this title, this “alternative base period”
shall be substituted for “base period” for all other purposes un der
the Employment Security Act of 1980;
3. “Assigned tax rate” means the tax rate assigned to an
employer pursuant to Section 3-110.1 of this title when the employer
does not have sufficient experience history to meet the At-Risk Rule
set out in paragraph 3 of Section 3-110.1 of this title;
4. “Base period” means the first four ( 4) of the last five (5)
completed calendar quarters immediately preceding the first day of
an individual’s benefit year;
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5. “Benefit year” with respect to any individual means the one-
year period beginning with the first day of the first week with
respect to which the individual first files a v alid claim for
benefits and thereafter the one -year period beginning with the first
day of the first week with respect to which the indi vidual next
files a valid claim for benefits after the termination of his or her
last preceding benefit year. Any claim for benefits shall be deemed
a valid claim for the purp ose of this section if the indivi dual has
been paid the wages for insured work requ ired under the Employment
Security Act of 1980;
6. “Benefit wages” means the taxable wages earned by a claimant
during the claimant’s base period which are not in excess of the
current maximum weekly benef it amount, as determined under Section
2-104 of this title, multiplied by the maximum number of weeks for
which benefits could be paid to any individual (now twenty -six (26)
weeks) multiplied by three (3); provided, however , no wages shall be
included as “benefit wages” unless and until the claimant has b een
paid benefits for five (5) weeks in one (1) benefit year ;
7. “Benefits” mean the money payments payable to an in dividual
as provided in the Employment Security Act of 1980 with respect to
his or her unemployment including extended benefits. The federal
share of such extended benefits shall not be construed as benefits
for the purposes of computing contribution rates under the
Employment Security Act of 1980;
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8. “Calendar quarter” means the period of three (3) consecutive
calendar months ending on Mar ch 31, June 30, September 30, or
December 31, or the equivalent thereof as the Commission may by
regulation prescribe ;
9. “Client” shall have the same meaning as provided in
paragraph 1 of Section 600. 2 of this title;
10. “Coemployer” shall have the same meaning as provided in
paragraph 2 of Section 600.2 of this title;
11. “Coemployment relationship ” shall have the same meaning as
provided in paragraph 3 of Section 600.2 of this title;
12. “Commission” means the Oklahoma Employment Security
Commission;
13. “Commissioner” means a member of the Commission;
14. “Continued claim series ” means an uninterrupted series of
weekly claims filed by a claimant during the benefit y ear;
15. “Contributions” mean the money payments including taxes and
reimbursements, required by the Employment Security Act of 1980 to
be paid into the Unemployment Com pensation Fund by an employer;
16. “Covered employee” shall have the same meaning as provided
in paragraph 5 of Section 600.2 of this title;
17. “Digital portal filing” means electronic communication
through the agency digital porta l;
18. “Earned tax rate” means the tax rate calculat ed for an
employer with sufficient experience history to meet the At-Risk Rule
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set out in paragraph 3 of Section 3-110.1 of this title, with the
tax rate calculated pursuant to the provisions of Section 3-101 et
seq. of this title;
19. “Electronic e-filing” means filing by email or fax to
email;
20. “Eligibility period” of an individual for extended benefits
means the period consisting of the weeks in his or her benefit year
as defined by the Employment Security Act of 1980, which begin in an
extended benefit period and, if his or her benefit year ends with in
such extended benefit period, any weeks thereafter which begin in
such extended benefit period;
21. “Employer” shall have the same meaning as provided in
Section 1-208 of this title;
22. “Employing unit” means any individual or type of
organization including any partnership, association , trust, estate,
joint stock company, insurance co mpany, limited liability company or
corporation, whether domestic or foreign, or the receiver, trustee
in bankruptcy, trustee or successor thereof, or the legal
representative of a deceased person, which ha s or subsequent to
January 1, 1936, had in its emp loy one or more individuals
performing services for it within this state ;
23. “Employment” shall have the same meaning as provided in
Section 1-210 of this title;
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24. “Employment office” means a free public employment office
or branch thereof operated by this or any other state as a part of a
state-controlled system of publi c employment offices or by a federal
agency charged with the administration of an unemployment
compensation program or free public emp loyment offices;
25. “Employment Security Adminis tration Fund” means the fund
established in Section 4-602 of this title from which administration
expenses under the Employment Security Act of 1980 shall be paid;
26. “Exhaustee” shall have the same meaning as provided in
Section 2-712 of this title;
27. “Experience period” means the most recent twelve (12)
consecutive completed calendar quarters occurring before July 1 of
the year immediately preceding the year for whi ch the employer’s
contribution rate is being calculated;
28. “Extended base period” means the four (4) quarters prior to
the claimant’s base period. These four (4 ) quarters may be
substituted for base period quarters on a quarter-by-quarter basis
to establish a valid claim regardless of wh ether the wages have bee n
used to establish a prio r claim, except any wages earned that would
render the Commission out of compliance with applicable federal law
shall be excluded if used in a prior claim;
29. “Extended benefit period” shall have the same meaning as
provided in Section 2-703 of this title;
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30. “File”, “files”, or “filed” shall have the same meaning as
provided in Section 1-224 of this title;
31. “Mail”, “mails”, “mailed”, or “mailing” means communication
sent by a postal service with sufficient postage;
32. “Foreign limited liability company” shall be defined by the
provisions of the Oklahoma Limited Liability Company Act;
33. “Fund” means the Unemployment Compensation Fund established
in Section 3-601 of this title;
34. “Hospital” means any hospital required to be licensed under
the Oklahoma Public Health Code, Sections 1-101 et seq. of Title 63
of the Oklahoma Statutes, and includes state mental hospitals an d
any other mental hospital or institution;
35. “Initial claim” means a new claim application submitted b y
a claimant to establish a benefit year f or unemployment insurance
benefits;
36. “Institution of higher education ” shall have the same
meaning as provided in Section 1-214 of this title;
37. “Insured work” means employment for employers as defined by
the Employment Security Act of 1980;
38. “Lessor employing unit ” means any independently established
business entity which engages in the business of p roviding leased
employees to any other employer, individual, organization,
partnership, corporation , or other legal entity, refe rred to herein
as a client lessee;
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39. “Limited liability company ” shall be defined by the
provisions of the Oklahoma Limited L iability Company Act;
40. “Probationary period” means a period of time set fo rth in
an established probationary plan, which app lies to all employee s or
a specific group of employees, and does not ex ceed ninety (90)
calendar days from the fi rst day a new employee begins work;
41. “Professional Employer Organization” or “PEO” means an
organizational that i s subject to the Oklahoma Professional Employer
Organization Recognition and Registration Act and which mee ts the
definition set out in paragraph 9 of Section 600.2 of this title;
42. “Rate of insured employment” shall have the same meaning as
provided in Section 2-708 of this title;
43. “Regular benefits” means benefits payable to an individual
under the Employment Security Act of 1980, or under any othe r state
law including dependents’ allowances and benefits payable to federal
civilian employees;
44. “Reopened claim” means a claim application which
reactivates a claim during an existing benefit year when a claimant
stopped filing for benefits before hi s or her claim was exhausted,
but in which there occurred no intervening emplo yment from the date
of the filing of the last init ial, additional, or reopened claim;
45. “State” includes, in addition to the state of the United
States of America, the District of Columbia, the Commonwealth of
Puerto Rico and the Virgin Islands;
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46. “State law” means the unemployment insurance law of any
state, approved by the Secretary of Labor of the United States under
Section 3304 of the Internal Revenue Code of 1954;
47. “Supplemental unemployment benefit plan ” means a plan that
provides for an employer to make payments to its employees during a
permanent or tempora ry layoff that will supplement unemployment
benefits received by the employees. The purpose of a supplementa l
unemployment benefit plan is to allow an employer to sustain the
purchasing power of its employees or former employees during a
layoff;
48. “Taxable wages” means the wages paid to an individual with
respect to employment during a calendar year for servi ces covered by
the Employment Security Ac t of 1980 or other state unemploymen t
compensation acts which shall equal the applicab le percentage of the
state’s average annual wage for the second prece ding calendar year
as determined by the Commission, rounded to the nearest multiple of
One Hundred Dollars ($100.00);
49. “Wages” shall have the same meaning as provided in Section
1-218 of this title;
50. “Wages paid” means wages actually paid to the worker;
provided, however, that in the event of any distributi on of an
employer’s assets through insolvency, receivership, composition,
assignment for the benefit of creditors, or terminati on of business,
wages earned but not actually paid shall be considered as paid ; and
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51. “Week” means such period of se ven (7) consecutive days, as
the Commission may by regulation prescribe.
SECTION 2. AMENDATORY 40 O.S. 2021, Se ction 1-202.1, is
amended to read as follows:
Section 1-202.1. EXTENDED BASE PERIOD.
If an individual lacks sufficient b ase period wages because of a
job-related injury for which the individual received to tal temporary
disability payments awarded by the W orkers’ Compensation Court, upon
written application by the claimant , an extended base period will be
substituted for the current base period on a quarter -by-quarter
basis as needed to establish a valid cla im. “Extended base period ”
means the four quarter s prior to the claim ant’s base period. These
four quarters may be s ubstituted for base period quarters on a
quarter-by-quarter basis to establish a valid claim regardless of
whether the wages have been use d to establish a prior claim, except
any wages earned that would rende r the Commission out of compliance
with applicable federal law will be excluded if used in a prior
claim. Benefits paid on the basis of an extended base period, which
would not otherwise be payable, shall be noncharged .
SECTION 3. AMENDATORY 40 O.S. 2021, Section 1 -209, is
amended to read as follows:
Section 1-209. EMPLOYING UNIT.
“Employing unit” means any individual or type of organization,
including any partnership, association, trust, estate, joint stock
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company, insurance co mpany, limited liability company or
corporation, whether dom estic or foreign, or the receiver, trustee
in bankruptcy, trustee or su ccessor thereof, or the legal
representative of a dec eased person, which has or subsequent to
January 1, 1936, had in its emp loy one or more individuals
performing services for it withi n this state.
All individuals performing services within this state for any
employing unit which maintains two or more separ ate establishments
within this state shall be deemed to be employed by a single
employing unit for all the purposes of the Employmen t Security Act
of 1980, except as provided under paragraphs 10 and 11 o f Section 1-
208 of this title.
Whenever any employing unit contracts with or has under it any
contractor or subcontractor for any employment, which is part of its
usual trade, occupatio n, profession, or business, unless the
employing unit as well as each s uch contractor or subcontractor is
an employer by reason of Section 1-208 or Section 3-203 of this
title, the employing unit shall for all the purposes of the
Employment Security Act of 1980 be deemed to employ each individual
in the employ of each such co ntractor or subcontractor for each day
during which such individual is engaged in performing such
employment; except that eac h such contractor or subcontractor who is
an employer by reason of Section 1-208 or Section 3-203 of this
title shall alone be liab le for the contributions measured by wages
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paid to individuals employed by the contractor or subcontracto r, and
except that any employing unit which shall become liable for and pay
contributions with respect to individuals in the empl oy of any such
contractor or subcontractor who is not an employer by reason of
Section 1-208 or Section 3-203 of this title may recover the same
from such contractor or subcontractor.
Each individual employe d to perform or to assist in performing
the work of any agent or employ ee of an employing unit shall be
deemed to be employe d by such employing unit for all the purposes of
the Employment Security Act of 1980, whether such individual was
hired or paid directly by such employing unit or by such agent or
employee of an employin g unit, provided the employing unit had
actual or constructive knowledge of the employment.
SECTION 4. AMENDATORY 40 O.S. 20 21, Section 1-209.1, is
amended to read as follows:
Section 1-209.1. LESSOR EMPLOYING UNIT. A. “Lessor employing
unit” means any independently established bus iness entity which
engages in the business of prov iding leased employees to any other
employer, individual, organization, partn ership, corporation or
other legal entity, referred to herein as a client lessee.
B. Any employer or any individual, organizatio n, partnership,
corporation or other legal entity which meets the definition of
lessor employing unit shall be liable for contr ibution on wages paid
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by the lessor employing unit t o individuals performing services for
client lessees of the lessor employing unit.
C. B. Unless the lessor employing unit has timely complied with
the provisions of this section, any employer, individual,
organization, partnership, corporation or other le gal entity leasing
employees from any lessor employing unit shall be jointly and
severally liable for any unpaid contributions, interest, penalties
and fees due under this section from any lessor employing u nit
attributable to wages for services performed for the client lessee
entity by the employees leased to the client lessee ent ity.
D. C. In order to relieve client lessees fro m joint and several
liability imposed under this section, any lessor employing unit as
defined herein may post and maintain a sur ety bond issued by a
corporate surety authorized to do business in this state in an
amount equivalent to the contributions for which the lessor
employing unit was liable in the last calendar year in which it
accrued contributions, or One Hundred Thousand D ollars
($100,000.00), whichever amount is the greater, to ensure prompt
payment of contributions, interest, penalties and fees for which the
lessor employing unit may be or may become liable under this
section.
E. D. Any lessor employing unit as defined h erein which is
currently engaged in the business of leasing employees to clie nt
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lessees shall comply with the provisions of thi s section by January
1, 1991.
F. E. Any lessor employing unit not engaged in the busines s of
leasing employees to client lessees on or before the effective date
of this act May 31, 1990, shall comply with the requirements herein
before entering into lease agreements with client lessees.
SECTION 5. AMENDATORY 40 O.S. 2021, Section 1-209.2, is
amended to read as follows:
Section 1-209.2. A. 1. A “Professional Employer Organization ”
or “PEO” is an organization that is subject to the Oklahoma
Professional Employer Organization Recognition and Regis tration Act
and which meets the definition set out in paragraph 9 of Section
600.2 of Title 40 of the Oklahoma Statutes.
2. “Client” shall have the same meaning as provided by
paragraph 1 of Section 600.2 of Title 40 of the Oklahoma Statutes.
3. “Coemployer” shall have the same meaning as provided by
paragraph 2 of Section 600.2 of Title 40 of the Oklahoma Statutes.
4. “Coemployment relatio nship” shall have the same meaning as
provided by paragraph 3 of Section 600.2 of Title 40 of the Oklahoma
Statutes.
5. “Covered employee” shall have the same meaning as provided
by paragraph 5 of Section 600.2 of Title 40 of the Oklahoma
Statutes.
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B. For purposes of the Employment Security Act of 1980, the PEO
and its client shall be considered coemployers of the cov ered
employees that are under the direction and control of the client.
C. B. If a PEO fails to become or remain registered under the
Oklahoma Professional Employer Organization Recognition and
Registration Act, the entity shall be considered a third -party
administrator of the client account. As a third-party
administrator, a power of attorney will be required to obtain
information from the c lient’s account.
SECTION 6. AMENDATORY 40 O.S. 2021, Section 1-217, is
amended to read as follows:
Section 1-217. UNEMPLOYED. An individual shall be de emed
“unemployed” with respect to any week during which he performed no
services and with respect to which no wages are payable to him, or
with respect to any week of less than full-time work if the wages
payable to him with respect to such week are less t han his weekly
benefit amount plus One Hundred Dollars ($100.00); provided that for
A. An individual shall be deemed unemployed with respect to any
week during which:
1. The individual performed no services; and
2. No wages are payable to the individual.
B. For an initial or additional initial claim filing, an
individual shall be deemed unemployed:
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1. With respect to any week of less than full-time work, if the
wages payable to the individual are less than his or her weekly
benefit amount plus One Hundred Dollars ($100.00) ; and
2. If the individual has incurred a loss of wages or reductions
in hours equal to or greater than fifteen percent (15%) of the
income or hours worked, based on his or her customary work
experience or contract of hire.
C. For filing made during a continued claim series, an
individual shall be deemed unemployed with respect to any week of
less than full-time work if the wages payable to the individual are
less than his or her weekly benefit amount plus One Hundred Dollars
($100.00).
D. For the purpose of this section only, any vacation leave
payments or sick leave payments, which such individual m ay receive
or be entitled to from his or her employer or former employer,
arising by reason of separation from employment, shall be deemed not
to be wages as the term wages is used in this section .
E. A finding that an individual has satisfied the hour and wage
threshold as defined in this section shall not preclude a potential
investigation or disqualification for benefits as provided in
Section 2-101 et seq. of this title if the employer files a timely
protest to the initial or additional initial claim.
SECTION 7. AMENDATORY 40 O.S. 2021, Section 1 -223, is
amended to read as follows:
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Section 1-223. TAXABLE WAGES – CONDITIONAL FACTORS AND
PRECENTAGES.
“Taxable wages” means the wages paid to an individual with
respect to employment during a calendar year for services covered by
the Employment Security Act of 1980 or other state unemployment
compensation acts whi ch shall equal the applicable percenta ge of the
state’s average annual wage for the second preceding calendar year
as determined by the Commission, rounded to the nearest multiple of
One Hundred Dollars ($100.00). The applicable percentage of the
state’s average annual wage is determined by the conditional factor
in place during the calendar year for which the taxable wage is
being calculated. The conditio nal factor is determined pursuant to
the provisions of Section 3 -113 of this title. The applicable
percentages are as follows:
1. Forty percent (40%) during an y calendar year in which the
balance in the Unemployment Compensation Fund is in excess of the
amount required to initiate conditional contribution rates, pursuant
to the provisions of Section 3 -113 of this title;
2. Forty-two and one-half percent (42.5%) during calendar years
in which condition “a” exists;
3. Forty-five percent (45%) during calen dar years in which
condition “b” exists;
4. Forty-seven and one-half percent (47.5%) during calendar
years in which condition “c” exists; and
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5. Fifty percent (50%) during calendar years in which condition
“d” exists.
SECTION 8. AMENDATORY 40 O.S. 2021, Section 1 -224, is
amended to read as follows:
Section 1-224. FILE.
A. For purposes of this section , “OESC 2020-21 business process
transformation” means a change from paper process to in tegrated
digital technology. Upon completion of the OESC 2020 -21 business
process transformation, electronic e -filing will be the Commission ’s
preferred filing method for tendering and receiving documents. All
claimants and employers tendering documents to the Commission will
be expected to tender the documents electronically. If the claimant
or employer has elected to utilize other means of transmittal , it
will be the responsibil ity of the claimant or employer to notify the
Commission of this preference .
B. When any document is required to be filed by the provisions
of the Employment Security Act of 1980 or the rules promulgated
under the authority of the Employment Security Act of 1980 with the
Oklahoma Employment Secu rity Commission, any of its repres entatives,
or the Board of Review for the Oklahoma Employment Security
Commission the provisions of the Employment Security Act of 1980 or
the rules promulgated under the auth ority of the act require any
document to be filed with the Oklahoma Employment Se curity
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Commission or its affiliate entities, the term “file”, “files”, or
“filed” shall be defined as follows mean:
1. Hand-delivered Hand-delivery to the central administrative
office of the Oklahoma Employment Security Commission by the close
of business on or before the date due;
2. Telefaxed to the telefax number indicated on the
determination letter, order or other document issued by the Oklahoma
Employment Security Commission by midnight on or before the date
due. Timely telefaxing shall be determi ned by the date and time
recorded by the Commission ’s telefax equipment;
3. Mailed with sufficient postage and properly addressed to the
address indicated on th e determination letter, order or other
document issued Mailing by means calculated to ensure re ceipt by the
Oklahoma Employment Security Com mission on or before the date due.
Timely mailing shall be determined by the United States Postal
Service postmark. If there is no proof from the post office of the
date of mailing such legible postmark, the date of receipt by the
Commission shall constitute the date of filing; or
4. 3. Electronic e-filing to the Oklahoma Employment Security
Commission, as directed by the instructions o n the determination
letter, order or other document issued by the Commissio n, by
midnight on or before the date due. Timely transmission shall be
determined by the Commissi on’s transmission log file ; or
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4. Digital portal filing b y midnight on or before t he date due.
Timely transmission shall b e determined by the Commission ’s
transmission log file.
C. If the Employment Security Act of 1980 or the rules
promulgated under the Employment Security Act of 1980 require that a
document be filed with a court or any other agency of this state,
the term “file”, “files” or “filed” shall be defined by the
statutes, rules or practice governing that court or agency.
SECTION 9. AMENDATORY 40 O.S. 2021, S ection 1-225, is
amended to read as follo ws:
Section 1-225. SUPPLEMENTAL UNEMPLOY MENT BENEFIT PLAN.
A. “Supplemental unemployment benefit plan” means a plan that
provides for an employer to make payments to its employees during a
permanent or temporary layoff that will supplement unemployment
benefits received by the employees. The p urpose of a supplemental
unemployment benefit plan is to allow an employer to sustain the
purchasing power of its employees or former employ ees during a
layoff.
B. A supplemental unemployment benefit plan for a tem porary
layoff must meet the following req uirements:
1. The plan shall provide for a paymen t from the employer to
the employee each week during the temporary layoff to supplement
unemployment benefits received by the employee;
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2. The plan must be part of an agreement entered into between
the employer and employee, or between the employer and a collective
bargaining agent on behalf of the employee, before the date the
layoff is effective;
3. The employer must be able to give a reasonable assurance
that the separated employees will be able to retu rn to work at the
end of the temporary layoff;
4. The employer must inform the Commission of the beginning and
ending dates of the layoff a nd keep the Commission infor med of any
changes in circumstances while any c laims for unemployment benefits
are in existence; and
5. The plan must provide for equal t reatment of all employees
covered by the plan who are included in the layoff.
The requirements of Sections 2-417 and 2-418 of this title shall be
waived for any claimant of unemployment benefits who is rece iving
supplemental benefits under this subsection.
C. B. A supplemental unemployment benefit plan for a permanent
layoff must meet the foll owing requirements:
1. The plan shall provide for a payment from the emplo yer to
the former employee during each we ek unemployment benefits are paid
to the former employee, in order to supplement the unemployment
benefits received by the former employee;
2. The plan must be part of an agreement entered into between
the employer and former employee, or between the empl oyer and a
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collective bargaining agent on behalf o f the former employee, before
the date the layoff is effective; and
3. The plan must prov ide for equal treatment of a ll former
employees covered by the plan who are included in the layoff.
The requirements of Sections 2-417 and 2-418 of this title shall
be applicable to any claimant of unemployment benefits who is
receiving supplemental benefi ts under this subsection.
D. C. The amount of supplemental unemployment be nefit plan
payments will not be deducted from the weekly benefit amount of an
unemployment benefit claim.
E. D. All supplemental unemployment benefit plans must be
approved by the Director of the Unemployment Insurance Division of
the Oklahoma Employment Security Commission. The Director ’s
determination will be in writing and mailed to the emp loyer and the
collective bargaining agent of the employees, if any exists, at
their last-known addresses, within twent y (20) days of the rece ipt
of the employer’s plan. If an employer or collective bargain ing
agent disagrees with the determination, an app eal can be taken
pursuant to Section 3 -115 of this title.
SECTION 10. AMENDATORY 40 O.S. 2021, Section 1 -228, is
amended to read as follows:
Section 1-228. LIMITED LIABILITY COMPAN IES.
A. For purposes of the Employment Security A ct of 1980, a
“limited liability company ” and a “foreign limited liability
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company” shall be defined by the provisions of the Oklahoma Limit ed
Liability Company Act.
B. For unemployment tax purposes, wages , salaries, or draws
paid to limited liability com pany members, relatives of the members,
and employees shall be taxed in the same manner as required by the
Federal Unemployment Tax Act, Tit le 26 U.S.C., Chapter 23, and the
Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 1-230 of Title 40, unless there
is created a duplication in numbering , reads as follows:
NOTICE GIVEN
A. Notice shall be deemed given when the Oklahoma Employment
Security Commission notifies by one of the following means:
1. Mail;
2. E-mail or fax to e-mail;
3. Upload to the agency digit al portal;
4. Publication on the Commission’s website; or
5. Hand delivered to the central administrative office of the
Commission.
There is a rebuttable pres umption that notice has been given on
the date stated in the communication.
B. The Commission’s preferred method of notification shall be
electronic delivery though the agency digital portal or e-mail. If
claimants or employers wish to opt out of delivery by the agency
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digital portal or e-mail, they may notify the Commission by one of
the methods listed in subsection A of this se ction.
SECTION 12. AMENDATORY 40 O.S. 2021, Section 2 -203, is
amended to read as follows:
Section 2-203. CLAIM.
A. An unemployed individual must file an initial claim for
unemployment benefits by completing the required forms thr ough the
Internet Claims service provided by the Commission, or by completing
all forms necessary to process an initial claim in a local office of
the Commission or any alternate site designated by the Commission to
take unemployment benefit claims. The C ommission may obtain
additional informati on regarding an individual ’s claim through any
form of telecommunication, writing, or interview. An unemployed
individual must file a claim by telecommunication or by Internet
utilizing the digital services portal to create an account to access
benefits with respect to each week in accordanc e with such rule as
the Commission may prescribe.
B. 1. During the process of filing an initial claim for
unemployment benefits, the claimant shall be made aware of the
definition of misconduct set out in Section 2 -406 of this title, and
the claimant shall affirmatively certify that the answers given to
all questions in the initial claim process are true and correct to
the best of the claimant ’s knowledge and that no information has
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been intentionally withheld or misre presented in an attempt by the
claimant to receive benefits to which the claimant is not entitled.
2. The certification statement required in paragraph 1 of this
subsection shall be available through the Internet C laims service
provided by the Commission and by a form to be compl eted by the
claimant in a local office of the Commission or at any alternate
site designated by the Commission to take unemployment benefit
claims.
C. With respect to each week, the claimant must provide the
Commission with a true and correct statement of all material facts
relating to unemployment; ability to work; availability for work;
activities or conditions which could restrict the individual from
seeking or immediately accepting full -time employment or part -time
work if subsection (4) of Section 2-408 of this title applies;
applications for or receipt of workers’ compensation benefits;
employment and earnings; and the reporting of other income from
retirement, pension, disability, self -employment, education or
training allowances.
D. C. No claim will be allowed or paid unless the claimant
resides within a state or foreign country with which the State of
Oklahoma has entered into a reciprocal or cooperative arrangement
pursuant to Part 7 of Article IV of the Employment Securit y Act of
1980 Section 4-701 et seq. of this title.
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E. D. The Commission may req uire the individual to p roduce
documents or information relevant to the claim for benefits. If the
individual fails to produce it, the individual’s claim for
unemployment benefits may be disqualified indefinitely by the
Commission until the information is produced. An individua l that
has been disqualified indefinitely by the provisions of this
subsection may receive payment for any week between the initial
failure and the comp liance with this subsection if the claim ant is
otherwise eligible and has made a timely filing for each intervening
week.
SECTION 13. AMENDATORY 40 O.S. 2021, Section 2 -205.1, is
amended to read as follows:
Section 2-205.1. The unemployed individual must be able to
perform work duties in keeping with his or her education, training
and experience. He or she must also be available to seek and accept
work at any time and may not be engaged in any activity that would
normally restrict his or her seeking or accepting employment in
keeping with his education, training and experience .
The fact that an individual is enrolled in school shall not, in
and of itself, render an individual ineligible for unemployment
benefits. Such individual w ho is involuntarily unemployed and
otherwise eligible for benefits and who offers to quit school,
adjust class hours or change shifts in order to secure employment
shall be entitled to benefits.
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SECTION 14. AMENDATORY 40 O. S. 2021, Section 2-503, is
amended to read as follows:
Section 2-503. CLAIMS, NOTICES AND OBJECTIONS.
A. Claims for benefits shall b e made in accordance with all
rules that the Oklahoma Employment Security Commission may
prescribe.
B. Promptly after an initial claim or an additional initial
claim is filed, the Commission shall give notice of the claim to the
last employer of the claimant for whom the claimant worked at least
fifteen (15) working days. The required fifteen (15) working These
days are not require d to be consecutive. Provided, that promptly
after After the Commission is notified of the claimant ’s separation
from an employment obtained by a claimant during a continued claim
series, the Commission shall give notice of the claim to the last
separating employer. Notices to separa ting employers durin g a
continued claim series will be given to the last employer in the
claim week without regard to length of emp loyment. Each notice
shall contain an admonition that failure to respond to the notice
could affect the employer’s tax rate.
C. Promptly after the claim is paid for the fifth week of
benefits the Commissio n shall give written notice of the claim to
all other employers of the claimant during the claimant ’s base
period. The notice will be given pursuant to Section 3-106 of this
title by e-mail unless the employer provides appr opriate
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notification that they op ted out of this method of communication
pursuant to Section 11 of this act.
D. Notices Notice shall be deemed to have been given to the
employer at the last-known address and by the da te of the postmark
on the envelope in which the notice was sent . If the employer has
elected to be notified by electro nic means according to proc edures
set out in Oklahoma Employment Security Commission rules, not ice
shall be deemed to be given when the Commission transmits the notice
by electronic means or, if the employer has opted out of e lectronic
communications, the notice has been sent by mail.
E. Within ten (10) days after the date on the notice or the
date of the postmark on the envel ope in which the noti ce was sent,
whichever is later the notice is e-mailed, an employer may file with
the Commission at the address prescribed in the notice written send
by e-mail all objections to the claim setting forth spec ifically the
facts which:
1. Make the claimant in eligible for benefits under Sections 2-
201 through 2-210 of this title;
2. Disqualify the claimant from benefi ts under Sections 2-401
through 2-417 and 2-419 of this title; or
3. Relieve such employer from being charged for the benefits
benefit wages of such claimant.
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F. An untimely employer objection to a claim for unemployment
benefits made pursuant to subsect ion E of this section may be
allowed for good cause sh own.
SECTION 15. AMENDATORY 40 O.S. 2021, Section 2 -503.1, is
amended to read as follows:
Section 2-503.1. FILING OF EMPLOYER PROTEST AND DOCUMENTS
THROUGH EMPLOYER PORTAL.
A. The procedure set out in this section for the filing of a
statement of objection th rough the employer portal is an optional
procedure for the em ployer. If the employer chooses not to utilize
this procedure, the employer must file its protest i n accordance
with subsection E of Section 2 -503 of Title 40 of th e Oklahoma
Statutes.
B. An employer may file a statement of objections to the claim
of a former employee at any time from the moment of discharge or
separation from employment of the employee until the expiration of
the ten-day time period set out in subs ection E of Section 2 -503 of
Title 40 of the Oklahoma Statutes. The this title. Unless the
employer has opted out of receiving electronic communications and
filed their statement of objection through any method listed in
Section 1-224 of this title, the statement of objection must be
filed through the employer portal on the Oklahoma Employment
Security Commission’s Internet website and must contain a statement
of specific facts and documentation which:
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1. Disclose the name and social sec urity number of the
employee;
2. Make the claimant ineligible for benefits under Sections 2 -
201 through 2-210 of Title 40 of the Oklahoma Statutes this title;
3. Disqualify the claimant for benefits under Sections 2 -401
through 2-419 of Title 40 of the Oklahoma Sta tutes this title; or
4. Relieve the employer from being charged for the benefits
benefit wages of this claimant.
C. B. Any timely statement of objection filed pursuant to this
section within the time period and in the manner set out in
subsection B of this sec tion shall be considered a valid protest to
a claim for unemployment benefits filed by the former employee and
the employer shall be considered an interested party to the claim.
A statement of objection filed pursuant to this section outside the
time period or in any manner oth er than as set out in subsection B A
of this section shall not be co nsidered a valid prote st to a claim
for unemployment of the former employee, and the employer shall not
be considered an interested party to the claim.
SECTION 16. AMENDATORY 40 O.S . 2021, Section 2-605, is
amended to read as follows:
Section 2-605. NOTICE OF REFEREE DECISION.
The parties shall be promptly notified of such re feree’s
decision and shall be furnished with a copy of the decision ,
including the findings and conclusions i n support thereof. The
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decision shall be prov ided to the party by the agency’s digital
portal or e-mail unless the party notifies the agency that they
opted out from receiving notices by e-mail pursuant to Section 11 of
this act. Such decision shall be final unless, within ten (10) days
after the date of mailing of notice thereof to the parties ’ last-
known addresses, or, in the absence of such mailing, within ten (10)
days after the delivery of such notice is deemed given, further
review before the Board of Review is initiated pursuant to Section
2-606 of this title.
SECTION 17. AMENDATORY 40 O.S. 2 021, Section 2-606, is
amended to read as follows:
Section 2-606. APPEALS FROM TRIBUNAL REFEREE DEC ISIONS TO BOARD
OF REVIEW.
The Board of Review shall review the record of an appeal filed
by any of the parties entitled to notice on a determination of an
appeal tribunal referee. An appeal to the Board of Review may be
filed in any manner allowed by Sec tion 1-224 of this title. On
appeal, the Board of Review may affirm, modify, revers e, or remand
any decision of an appeal tribunal referee on the bas is of evidence
previously submitted, or on the basis of additional evidence
received by an appeal tribunal referee on remand. The Board of
Review shall promptly notify the parties of its de cision in writing,
and the decision shall be final unless within thirty (30) days after
the mailing of the decision to the parties’ last-known addresses
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notice is deemed given, a proceeding for judicial review is
initiated pursuant to Section 2 -610 of this title.
SECTION 18. AMENDATORY 40 O.S. 2021, Section 3 -106, is
amended to read as follows:
Section 3-106. BENEFIT WAGES CHARGED AN D RELIEF THEREFROM.
A. The Oklahoma Employment Sec urity Commission shall give
notice to each base pe riod employer of a claimant promptly after the
claimant is has been issued his or her fifth week of benefits by the
Commission or promptly after the Commission receives notice of the
amounts paid as benefit s by another state under a reciprocal
arrangement. Notice shall be deemed given under this subsection
when the Commission deposits t he same with the United States Postal
Service addressed to the employer at an address designated by the
employer to receive the notice or at the employer’s last-known
address. If the employer has elected to be notified by electronic
means according to pro cedures set out in Oklahoma Employment
Security Commission rules, notice shall be deemed to be given when
the Commission transmits the notification by electronic means.
Notice shall be presumed prima facie to have been given to the
employer to whom addres sed on the date stated in the written notice.
This notice shall give th e name and social security number of the
claimant, the date the claim was filed, and the amount of be nefit
wages charged to the employer in each quarter of the base period.
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B. Within twenty (20) days from the date stated upon on the
notice provided for in subsection A of this section, the employer
may file with the Commission written objections an objection to
being charged with the benefit wages upon one or more of the grounds
for objection as set forth in subsection G of this section. The
employer’s written objection must set forth specifically:
1. The date on which the employment was terminated;
2. Full particulars as to the circumstances Specific details of
the termination including the reason given by the individu al for
voluntarily leaving the emplo yment, or the nature of the misconduct
for which discharged, as the case may be discharge;
3. Full particulars as to Specific details of the regular
scheduled part-time or full-time employment of the employee
including the starting date, and ending date if any, of the
continuous period of such part-time or full-time employment; and
4. Such other Other information as called for by the notice.
C. Upon receipt of the employer ’s written objections objection,
the Commission shall make a determination and notify the employer as
to whether or not the employer is entitled to be relieved from the
charging of benefit wages wage charges. The Commission shall
promptly notify the employer of that determination. Provided
further Additionally, the twenty-day time period for filing written
objections with the Commissio n an objection as provided for in
subsection B of this section may be waived for good cause shown.
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D. Within twenty (20) days after the mailing issuing of the
determination provided for in subsection C of this section, the
employer may file with the Commission or its representative
Assessment Board a written protest to the determination and request
an oral hearing de novo to present evidence in support of its
protest. The Commission or its representative Assessment Board
shall, by written notice, advise the employer of the date of the
hearing, which shall not be less than ten (10) days from the date of
mailing of the written notice. At the discretion of the Commission,
this hearing shall be conducted by the Commission or its
representative appointed by th e Commission for this purpose.
Pursuant to Assessment Board. After the hearing, the Commission or
its representative Assessment Board shall, as soon as practicable,
make a written order setting forth its findings of fact and
conclusions of law, and shall send it to the employer notify the
employer of its findings.
E. If any employer fails to file a written protest within the
period of twenty (20) days, as provided by subsection D of this
section, then the determination shall be final, and no appeal shall
thereafter be allowed does not file a timely appeal of the
determination to the Assessment Board, the determination shall be
final.
F. The employer or the Commission may appeal the Assessment
Board’s order of the Commission or its representative to the
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district court by filing a petition for review with the district
court clerk of that court within thirty (30) days after the date the
order was mailed issued to all parties. The mailing date shall be
specifically stated in the order.
G. The benefit wages charged to an employer for a given
calendar year shall be the total of the benefit wages stated in the
notices given to the employer by the Commission. Provided, that an
employer shall be relieved of a be nefit wage charge if the employer
proves to the satisfaction of the Commission that the benefit wage
charge includes wages paid by the employer to any employee or former
employee, who:
1. Left employment with that employer, or with his or her last
employer, voluntarily Voluntarily left employment without good cause
connected to the work;
2. Was discharged from such employment for misconduct connected
with his or her work;
3. Was a regular scheduled employee of that the separating
employer prior to the we ek the employee separated from other
employment, and continued to work for the employer through the f ifth
compensable week of unem ployment in his or her of the established
benefit year;
4. Was separated from his or her employment as a direct result
of a major natural disaster, declared as such by the Pres ident
pursuant to the Disaster Relief Act of 1974, P.L. 93-288, and such
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employee would have been entitled to disaster unemployment
assistance if he or she had not received unemployment insurance
benefits;
5. Was discharged by an employer for unsatisfacto ry performance
during an initial employment probat ionary period. As used in this
paragraph, “probationary period” means a period of time set forth in
an established probationary plan which applies to all employees or a
specific group of employees and does not exceed ninety (90) calendar
days from the first day a new employee begins work. The employee
must be informed of the probationary period within the first seven
(7) work days. There must be conclusiv e evidence to establish that
the individual was sep arated due to unsatisfactory work performance;
6. Left employment to attend training approved under the Trade
Act of 1974 and is allowed unemployment benefits pursuant to Section
2-416 of this title; or
7. Was separated from employment for compelling fam ily
circumstances as defined in Section 2 -210 of this title.
H. If an employer recall s an employee deemed unemployed as
defined by the Employment Security Act of 1980 and the employee
continues to be empl oyed or the employee voluntarily terminates
employment or is discharged for misconduct within the ben efit year,
the employer shall be ent itled to have the benefit wage charged
against the employer ’s experience rating for the employee reduced by
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the ratio of the number of weeks of remaining eligibility of t he
employee to the total number of weeks of entitl ement.
I. An employer shall not be charged with benefit wages assessed
a benefit wage charge of a laid-off employee if the employer lists
as an objection in a statement filed in accordance with subsection B
of this section that the employee collecting ben efits was hired to
replace a United States serviceman or servicewom an called into
active duty and laid -off upon the return to work by that serviceman
or servicewoman. The Unemployment Compensation Fund sha ll be
charged with the benefit wages of the laid -off employee.
J. If the Commission receives a notice of amounts pai d as
benefits by another state under a reciprocal agreement, and the
notice is received after three (3) years from the effective date of
the underlying benefit claim, no benefit wage charge will be made
against the employer identified in the notice, or if a benefit wage
charge is made based on such a notice, the employer will be relieved
of the charge when the facts are brought to the attenti on of the
Commission.
K. An employer shall not be eligible to be relieved of a
benefit wage charge under paragraphs 1 and 2 of subsection G of this
section if the employer was sent a notice of benefit cla im, pursuant
to Section 2-503 of this title, and fa iled to timely file protest to
the benefit claim.
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SECTION 19. AMENDATORY 40 O.S. 2021, Section 3 -115, is
amended to read as follows:
Section 3-115. APPEAL OF DETERMINATIONS.
A. If a determinatio n is made by the Okla homa Employment
Security Commission on any aspect of an employer ’s account, and a
method of appeal or protest of the determination is not set out in
the statute or rule under which the determ ination was made, the
employer may appeal or protest the determin ation under the procedure
set forth in subsection B of this sect ion.
B. 1. All determinations affecting an employer account must be
made by the Commission in writing in a Notice of Determin ation and
mailed to the employer at the empl oyer’s last-known address with the
mailing date and appeal rights set out in the docu ment. If the
employer has elected to be notified by electronic means according to
procedures set out in Oklahoma Employment Se curity Commission rules,
notice shall be deemed to be given when the Commission transmits the
notification by electronic means.
2. Within twenty (20) days after the mailing or transmission of
the Notice of Determi nation as provided for in paragraph 1 of t his
subsection, the employer may file with t he Commission, or its
representative, a written request for a review and redeterminat ion
setting forth the employer ’s reasons therefor. If any employer
fails to file a written request for review and redeterminat ion
within twenty (20) days without good cau se, then the initial
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determination of the Commission shall be final, and no further
appeal or protest shall be allowed.
3. If a written request for review and redetermin ation is
filed, the Commission shall provi de for a review and issue a Notice
of Redetermination in the matt er. The employer may appeal the
redetermination by filing a wri tten protest appeal within twenty
(20) days of the date of the mailing of the Notice of
Redetermination. If the employer fails to file a written protest
appeal within twenty (20) days without good cause, the
redetermination of the Commission shall be fina l and no further
appeal or protest shall be allowed.
4. Upon the timely filing of a written protest appeal, the
Commission shall provide for an oral hearing de novo to allow the
employer to present evidence in support of the protest appeal. The
standard of review on appeal shall be de novo . The Commission or
its representatives shall, by written notice, advise the employer of
the date of the hearing, which shall no t be less than ten (10) day s
from the date of the mailing of the written notice. At the
discretion of the Commission, this hearing shall be conducted by the
Commission, or by a representative appointed by the Commissi on for
this purpose. The appealing pa rty shall bear the initial burden of
proof at the hearing.
5. Pursuant to the hearing, the Commission or its
representative shall, as soon as practicable, make a written order
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setting forth its findings of fact and co nclusions of law, and shall
mail it to the employer at the employ er’s last-known address with
the mailing date and appeal rights set out in the document.
6. The employer or the Commission may appeal the order to the
district court of the county in which t he employer has its principal
place of business by filing a Petit ion for Review with the clerk of
the court within thirty (30) da ys after the date the order was
mailed to all parties. If the employer does not have a principal
place of business in any coun ty in Oklahoma this state, then the
Petition for Review shall be filed with the Oklahoma County District
Court. All appeals shal l be governed by Part 4 of Article 3 of the
Employment Security Act of 1980. If the employer fails to file an
appeal to the district cour t within the time allowed, the order
shall be final and no furthe r appeal shall be allowed.
C. Untimely requests for review and redetermination pursuant to
paragraph 2 of subsection B of this section and written protests for
appeals filed pursuant to para graph 3 of subsection B of this
section may be allowed for good c ause shown, if the request for good
cause is filed in writing with the Commission within one (1) year of
the date of the determination or redetermination that is the basis
of the request for untimely filing.
SECTION 20. AMENDATORY 40 O.S. 2021, Section 3-307, is
amended to read as fo llows:
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Section 3-307. A. All remittance under Section 1-101 et seq.
of this title shall be made payable to the Oklahoma Employment
Security Commission at Oklahoma City, Oklahoma, b y automatic
clearinghouse (ACH) debit/credit, financial institution, draft,
check, cashier’s check, electronic fund transfer, credit card, money
order or money, and the Commission shall issue its receipt, for cash
or money payment, to the payor. No remitt ance other than cash shall
be in final discharge of liability due the Comm ission unless and
until it shall have been paid in cash. All monies collected s hall
be deposited with the State Treasurer. There shall be assessed, in
addition to any other penalti es provided for by law, an
administrative service fee of Twenty -five Dollars ($25.00) on each
check returned to the Commission or any agent thereof by rea son of
the refusal of the financial institution upon which such check was
drawn to honor the same. Th ere shall be assessed, in addition to
any other penalties provided for by law, an administrative service
fee of Twenty-five Dollars ($25.00) on each elect ronic fund transfer
that fails due to insufficient funds in the payor ’s account.
B. Upon the return o f any check by reason of the refusal of the
financial institution upon which such check was drawn to honor the
same, the Commission may file a bogus check complaint with the
appropriate district attorney who shall refer the complaint to the
Bogus Check Restitution Program established by Section 111 of Title
22 of the Oklahoma St atutes. Funds collected through the program
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after collection of the fee a uthorized by Section 114 of Title 22 of
the Oklahoma Statutes for deposit in the Bogus Check Restitution
Program Fund in the county treasury shall be transmitted to the
Commission and credited to the liability for which the returned
check was drawn along with the administrative service fee provided
by this section.
C. The Commission shall promulgate the rules for the deadlines
of payment of unemployment taxes and the method of payment.
SECTION 21. AMENDATORY 40 O.S. 2021, Section 4 -205, is
amended to read as follows:
Section 4-205. TEMPORARY MEMBERS. In the event of the
disqualification of one member of the B oard of Review from the
hearing and determination of a claim for the benefits, the
Government shall designate a fourth, temporary member to serve as an
alternative member. In the event of the disqualification of two or
more members of the Board of Review from the hearing and
determination on a claim for benefits, the Governor shall designate
by appointment temporary members to serve as alternate members,
such. Such alternates to shall be paid traveling expenses incurred
in the performance of their duties as provided in the State Travel
Reimbursement Act. The Governor may at any time, after notice and
hearing, remove any member for cause .
SECTION 22. AMENDATORY 40 O.S. 2021, Section 4 -508, is
amended to read as follows:
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Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL -
DISCLOSURE.
A. Except as otherwise provided by law, information obtained
from any employing unit or individual pursuant to the administrat ion
of the Employment Security Act of 1980, any workforce system program
administered or monitored by the Oklahoma Employmen t Security
Commission, and determination s as to the benefit rights of any
individual shall be kept confidential and shall not be dis closed or
be open to public inspection in any manner revealing the
individual’s or employing unit’s identity. Any claimant , employer,
or agent of either as auth orized in writing, shall be supplied with
information from the records of the Oklahoma Employme nt Security
Commission, to the extent necessary for the proper presentatio n of
the claim or complaint in any proceeding unde r the Employment
Security Act of 1980 , with respect thereto.
B. Upon receipt of written request by any employer who
maintains a Supplemental Unemployment Benefit (SUB) Plan, the
Commission or its designate d representative may release to that
employer information regarding weekly benefit amo unts paid its
workers during a specified temporary layoff period, provided the
Supplemental Unemployment Benefit (SUB) Plan requires benefit
payment information before Su pplemental Unemployment Benefits can be
paid to the workers. Any information disclose d under this provision
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shall be utilized solely for the purpose outlined herein and shall
be held strictly confidential by the employer.
C. The provisions of this sectio n shall not prevent the
Commission from disclosing the following information and no
liability whatsoever, civil or criminal, shall attach to any member
of the Commission or any emp loyee thereof for any error or omission
in the disclosure of this informatio n:
1. The delivery to taxpayer or claimant a copy of any report or
other paper filed by the taxpayer or claimant pursuant to the
Employment Security Act of 1980;
2. The disclosure of information t o any person for a purpose as
authorized by the taxpayer o r claimant pursuant to a waiver of
confidentiality. The waiver shall be in writing and shall be
notarized;
3. The Oklahoma Department of Commerce may have access to data
obtained pursuant to the E mployment Security Act of 1980 pursuant to
rules promulgated by the Commission. The information obtained sh all
be held confidential by the Department and any of its agents and
shall not be disclosed or be open to public inspection. T he
Oklahoma Department of Commerce, however, may release aggregated
data, either by industry or county, provided that the aggrega tion
meets disclosure requiremen ts of the Commission;
4. The publication of statistics so classified as to prevent
the identification of a particul ar report and the items thereof;
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5. The disclosing of inf ormation or evidence to the Attorney
General or any district attorney when the i nformation or evidence is
to be used by the officials or other parties to the proceedings to
prosecute or defend alleg ations of violations of the Employment
Security Act of 1980. The information disclosed to the Attorney
General or any district attorney s hall be kept confidential by them
and not be disclosed except when presented to a court in a
prosecution of a violatio n of Section 1-101 et seq. of this title,
and a violation by the Attorney General or district attorney by
otherwise releasing the informat ion shall be a felony;
6. The furnishing, at the discretion of the Commission, of any
information disclosed by the re cords or files to any official person
or body of this stat e, any other state or of the United States who
is concerned with the administra tion of assessment of any similar
tax in this state, any other state or the United States;
7. The furnishing of inform ation to other state agencies for
the limited purpose of a iding in the collection of debts owed by
individuals to the requesting agencie s or the Oklahoma Employment
Security Commission;
8. The release of information to employees of the Oklahoma
Department of Transportation required for use in federally mandated
regional transportation planning, which is perform ed as a part of
its official duties;
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9. The release of information to employees of the Oklahoma
State Treasurer’s office required to verify or e valuate the
effectiveness of the Oklahoma Small Business Link ed Deposit Program
on job creation;
10. The release of information to employees of the Attorney
General, the Department of Labor, the Workers ’ Compensation
Commission and the Insurance Departm ent for use in investigation of
workers’ compensation fraud;
11. The release of information to employees of any Oklahoma
state, Oklahoma county, Oklahoma municipal or Oklahoma tribal law
enforcement agency for use in criminal inves tigations and the
location of missing persons or fugitives from justice;
12. The release of information to employees of the Center of
International Trade, Oklahom a State University, required for the
development of International Trade for employers doing business in
the State of Oklahoma this state;
13. The release of information to employees of the Oklahoma
State Regents for Higher Educat ion required for use in the default
prevention efforts and/or collection of defaulted student loans
guaranteed by the Okl ahoma Guaranteed Student Loan Program. Any
information disclosed under this provision shall be utilized solely
for the purpose outline d herein and shall be held strictly
confidential by the Oklahoma State Regents for Higher Education;
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14. The release of information to employees of the Oklahoma
Department of Career and Technology Education, the Oklahoma State
Regents for Higher Education , the Center for Economic and Management
Research of the University of Oklahoma, the Center for Economic and
Business Development at Southwestern Oklahoma Stat e University or a
center of economic and business research or development at a
comprehensive or regional higher education institution within The
Oklahoma State System of Higher Education required to identify
economic trends or educational outcomes . The information obtained
shall be kept confidential by the Oklahoma Department of Career and
Technology Education, the Oklahoma State Regents for Higher
Education and the higher education institution and sha ll not be
disclosed or be open to public inspection. T he Oklahoma Department
of Career and Technology Education, the Oklahoma State Regents fo r
Higher Education and the higher education institution may release
aggregated data, provided that the aggregatio n meets disclosure
requirements of the Commission;
15. The release of information to employees of the Office of
Management and Enterprise Serv ices required to identify economic
trends. The information obtained shall be kept confidential b y the
Office of Management and Enterpr ise Services and shall not be
disclosed or be open to public inspection. The Office of Management
and Enterprise Services may rel ease aggregate data, provided that
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the aggregation meets disclosure requirements of the Oklahoma
Employment Security Commission;
16. The release of information to employees of the Department
of Mental Health and Substance Abuse Services required to evaluate
the effectiveness of mental health and substance abuse treatment and
state or local programs utilized to divert persons fr om inpatient
treatment. The infor mation obtained shall be kept confidential by
the Department and shall not be disclosed or be ope n to public
inspection. The Department of Mental Health and Substance A buse
Services, however, may release aggregated data, either by treatment
facility, program or larger aggregate units, provided that the
aggregation meets disclosure requirements of the Oklahoma Employment
Security Commission;
17. The release of information to employees of the Attorney
General, the Oklahoma State Bureau of Investigation and the
Insurance Department for use in the investigation of insurance fraud
and health care fraud;
18. The release of information to employees of public housing
agencies for purposes of determining eligibility pursuant to 42
U.S.C., Section 503(i);
19. The release of wage and benefit claim information, at the
discretion of the Commission, to an agency of this state or its
political subdivisions that operate a program o r activity designated
as a required partner in the Wor kforce Innovation and Opportunity
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Act One-Stop delivery system pursuant to 29 U.S.C.A., Section
3151(b)(1), based on a showing of need made to the Commission and
after an agreement concerning the releas e of information is entered
into with the entity recei ving the information . For the limited
purpose of completing performance accountability reports required by
the Workforce Innovation a nd Opportunity Act, only those designated
required partners that mee t the 20 CFR Section 603.2(d) definition
of public official may contract with a private age nt or contractor
pursuant to 20 CFR Section 603.5(f) for the purpose of the private
agent or contractor receiving confidential unemployment compensation
information to the extent necessary to complete the performance
accountability reports ;
20. The release of information to the State Wage Interchange
System, at the discretion of the Commission;
21. The release of information to the Bureau of the Census of
the U.S. Department of Commerce , the Bureau of Labor Statistics of
the U.S. Department of Labor, and its agents employed by the
Oklahoma Department of Labor for the purpose of economic an d
statistical research;
22. The release of employer tax information and benefit claim
information to the Oklahoma Health Care Authority for use in
determining eligibility for a pr ogram that will provide subsidies
for health insurance premiums for qualifi ed employers, employees,
self-employed persons and unemployed persons;
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23. The release of emplo yer tax information and benefit claim
information to the State Department of Rehabili tation Services for
use in assessing results and outcomes of clients serve d;
24. The release of information to any state or federal law
enforcement authority when necessa ry in the investigation of any
crime in which the Commission is a victim. Informatio n that is
confidential under this section shall be held confidential by t he
law enforcement authority unless and un til it is required for use in
court in the prosecution o f a defendant in a criminal prosecution;
25. The release of information to vendors t hat contract with
the Oklahoma Employment Security Commission to provide for the
issuance of debit cards, to conduc t electronic fund transfers, to
perform computer program ming operations, or to perform computer
maintenance or replacement operations; provid ed the vendor agrees to
protect and safeguard the information it receive s and to destroy the
information when no lo nger needed for the purposes set out in the
contract;
26. The release of information to employees of the Office of
Juvenile Affairs for use in assessing results and outcomes of
clients served as well as the effe ctiveness of state and local
juvenile and justice programs including prevention and t reatment
programs. The information obtained shall be kept confidential by
the Office of Juvenile Af fairs and shall not be disclosed or be open
to public inspection. The Office of Juvenile Affairs may release
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aggregated data for programs or larger aggrega te units, provided
that the aggregation meets disclosure requirements of the Oklahoma
Employment Security Commission;
27. The release of information to vendors that cont ract with
the State of Oklahoma for the purpo se of providing a public
electronic labor exchange system that will support the Oklahoma
Employment Security Commission ’s operation of an emp loyment service
system to connect employers with job seekers and milit ary veterans.
This labor exchange system wou ld enhance the stability and security
of Oklahoma’s economy as well as support the provision of veterans ’
priority of service. The vendors m ay perform computer programming
operations, perform computer maintenan ce or replacement operations,
or host the electronic solution; provided , each vendor agrees to
protect and safeguard all information received, that no information
shall be disclosed to an y third party, that the use of the
information shall be restricted to the scope of the contract, and
that the vendor shall properly dispose of all informati on when no
longer needed for the purposes set out in the contract; or
28. The release of employer tax information and benefit claim
information to employees of a county public defender’s office in the
State of Oklahoma this state and the Oklahoma Indigent Defense
System for the purpose of determining financial eligibility for the
services provided by such entitie s.
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D. Subpoenas to compel disclosure of information made
confidential by this statute shall not be valid, except fo r
administrative subpoenas issued by fede ral, state, or local
governmental agencies that have been granted subpoena power by
statute or ordinance. Confidential information maintained by the
Commission can be obtained by order of a court of record that
authorizes the release of the records in wri ting. All
administrative subpoenas or court orders for production of documents
must provide a minimum of twenty (20) days from the date it is
served for the Commission to produce the documents. If the date on
which production of the documents is required is less than twenty
(20) days from the date of service, the subpoena or order shall be
considered void on its face as an undue burden or hardship on the
Commission. All administrative subpoenas, court orders or no tarized
waivers of confidentiality author ized by paragraph 2 of subsection C
of this section shall be presented with a request for records within
ninety (90) days of the date the document is issued or signed, and
the document can only be used one time to o btain records.
E. Should any of the disc losures provided for in this section
require more than casual or incidental staff time, the Commi ssion
shall charge the cost of the staff time to the party requesting the
information.
F. It is further provided that the provisions of this section
shall be strictly interpreted and shall not be construed as
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permitting the disclosure of any other inform ation contained in the
records and files of the Commission.
SECTION 23. REPEALER 40 O.S. 2021, Sections 1-202, 1-
202.2, 1-203, 1-204, 1-205, 1-206, 1-207, 1-211, 1-212, 1-213, 1-
215, 1-216, 1-219, 1-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-
711, 2-713, and 3-118, are hereby repealed.
SECTION 24. This act shall become effective November 1, 2022.
58-2-2625 MR 1/20/2022 7:52:38 PM