OK
Oklahoma Senate Bill SB1800

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1800 Compare Versions

OldNewDifferences
11
22
3-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 1 1
4-2
5-3
6-4
7-5
8-6
9-7
10-8
11-9
12-10
13-11
14-12
15-13
16-14
17-15
18-16
19-17
20-18
21-19
22-20
23-21
24-22
25-23
26-24
27-
28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 1800 By: Leewright of the Senate
3+SB1800 HFLR Page 1
4+BOLD FACE denotes Committee Amendments. 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
28+
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (2022)
34+
35+ENGROSSED SENATE
36+BILL NO. 1800 By: Leewright of the Senate
3137
3238 and
3339
3440 McDugle of the House
35-
3641
3742
3843
3944
4045 An Act relating to the Employment Security Act of
4146 1980; amending 40 O.S. 2021, Section 1-201, which
4247 relates to definitions; defining terms; amending 40
4348 O.S. 2021, Section 1-202.1, which relates t o extended
4449 base period; removing definition; amending 40 O.S.
4550 2021, Section 1-209, which relates to employing unit;
4651 removing definition; amending 40 O.S. 2021, Section
4752 1-209.1, which relates to lessor emp loying unit;
4853 removing definitions; updating statutory reference;
4954 amending 40 O.S. 2021, Section 1 -209.2, which relates
5055 to professional employer organization; removing
5156 definitions; amending 40 O.S. 2021, Sec tion 1-217,
5257 which relates to unemployed individual s; removing
5358 definition; providing conditions of unemployment;
5459 specifying conditions for filing during a continued
5560 claim series; providing for investigating e ven when
5661 individual satisfies threshold requirements; making
5762 language gender neutral; amending 40 O.S. 2021,
5863 Section 1-223, which relates to taxable w ages;
5964 removing definition; updating statutory language;
6065 amending 40 O.S. 2021, Section 1-224, which relates
6166 to filing; removing definitions related to
6267 telefaxing; modifying requirements for mailing;
6368 updating definitions to include digital filing
6469 through the Oklahoma Employment Security Commission’s
6570 portal; amending 40 O.S. 2021, Section 1-225, which
6671 relates to supplemental unemployment benefit plan ;
6772 removing definition; amending 40 O.S 2021, Section 1-
6873 228, which relates to limited liability companies;
6974 removing definition; specifying methods of notice by
7075 the Commission; providing Commission’s preferred
76+
77+SB1800 HFLR Page 2
78+BOLD FACE denotes Committee Amendments. 1
79+2
80+3
81+4
82+5
83+6
84+7
85+8
86+9
87+10
88+11
89+12
90+13
91+14
92+15
93+16
94+17
95+18
96+19
97+20
98+21
99+22
100+23
101+24
102+
71103 method; allowing for opt-out of delivery; amending 40
72104 O.S. 2021, Section 2-203, which relates to claims;
73105 removing provision for Commission to inform claimants
74106 filing for unemployment benefits and require
75-
76-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 2 1
77-2
78-3
79-4
80-5
81-6
82-7
83-8
84-9
85-10
86-11
87-12
88-13
89-14
90-15
91-16
92-17
93-18
94-19
95-20
96-21
97-22
98-23
99-24
100-
101107 certification statement during process; amending 40
102108 O.S. 2021, Section 2-503, which relates to claims,
103109 notices, and objections; providing for electronic
104110 notice; allowing for opt-out of certain method ;
105111 removing provisions for notice by mail; amending 40
106112 O.S. 2021, Section 2 -503.1, which relates to filing
107113 of employer protest; removing optional use of portal;
108114 allowing for opt-out of certain method; updating
109115 statutory language; amending 40 O.S. 2021, Section 2 -
110116 605, which relates to notice of decision; providing
111117 for notice by electronic means; allowing for op t-out
112118 of certain method; removing criteria for mail notice;
113119 amending 40 O.S. 2021, Section 2 -606, which relates
114120 to appeals; removing provision for notice by mail;
115121 amending 40 O.S. 2021, Section 3-106, which relates
116122 to benefit wages cha rged; removing conditions for
117123 mail and electronic notice; adding reference for
118124 filings and hearings by the Assessment Board;
119125 removing provision for written protest; updating
120126 statutory language; amending 40 O.S. 2021, Section 3 -
121127 115, which relates to appeal o f determination;
122128 updating statutory language; providing standard of
123129 review; amending 40 O.S. 2021, Section 3 -307, which
124130 relates to remittances; providing for Commission to
125131 promulgate rules for payment of unemployment taxes ;
126132 amending 40 O.S. 2021, Secti on 4-205, which relates
127133 to temporary members; providing for appointment of an
128134 additional temporary member by the Governor in the
129135 event of disqualification of a member of the Board of
130136 Review; updating statutory language; amending 40 O.S.
131137 2021, Section 4-508, which relates to information to
132138 be kept confidential; updating statutory language;
133139 permitting disclosure of information to additional
134140 agencies by Commission; repealing 40 O.S. 2021,
135141 Sections 1-202, 1-202.2, 1-203, 1-204, 1-205, 1-206,
136142 1-207, 1-211, 1-212, 1-213, 1-215, 1-216, 1-219, 1-
137143 220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-711, 2-
138144 713, and 3-118, which relate to the Employment
139145 Security Act of 1980; providing for codification; and
140146 providing an effective date.
141147
142148
143149
144150
145-AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
146-and insert:
147-
148-
149-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 3 1
150-2
151-3
152-4
153-5
154-6
155-7
156-8
157-9
158-10
159-11
160-12
161-13
162-14
163-15
164-16
165-17
166-18
167-19
168-20
169-21
170-22
171-23
172-24
173-
174-"An Act relating to the Employment Security Act of
175-1980; amending 40 O.S. 2021, Section 1-201, which
176-relates to definitions; adding definitions; amending
177-40 O.S. 1-202.1, which relates t o extended base
178-period; removing definition; amending 40 O.S. 2021,
179-Section 1-209, which relates to employing unit;
180-removing definition; amending 40 O.S. 2021, Section
181-1-209.1, which relates to lessor emp loying unit;
182-removing definitions; updating statutory reference;
183-amending 40 O.S. 2021, Section 1 -209.2, which
184-relates to professional employer organization;
185-removing definitions; amending 40 O.S. 2021 , Section
186-1-217, which relates to unemployed individual s;
187-removing definition; providing further conditions of
188-unemployment; specifying conditions for filing
189-during a continued claim series; providing for
190-investigating even when individual satisfies
191-threshold requirements; making language gender
192-neutral; amending 40 O.S. 2021, Section 1 -223, which
193-relates to taxable w ages; removing definition;
194-amending 40 O.S. 2021, Section 1-224, which relates
195-to filing; removing definitions related to
196-telefaxing; updating definitions to include digital
197-filing through the Oklahoma Employment Security
198-Commission’s portal; amending 40 O.S. 2021, Section
199-1-225, which relates to su pplemental unemployment
200-benefit plan; removing definition; amending 40 O.S
201-2021, Section 1-228, which relates to limited
202-liability companies; removing definition; specifying
203-methods of notice by the Commission; providing
204-Commission’s preferred method; allowing for option
205-of use; amending 40 O.S. 2021, Section 2 -203, which
206-relates to claims; removing pr ovision for Commission
207-to inform claimants filing for unemployment benefits
208-and require certification statement during process;
209-amending 40 O.S. 2021, Section 2-205.1, which
210-relates to ability to work ; removing specification
211-for seeking or accepting employment; making language
212-gender neutral; amending 40 O.S. 2021, Section 2-
213-503, which relates to claims, not ices, and
214-objections; allowing for electronic notice; allowing
215-for option of use; removing provisions for notice by
216-mail; amending 40 O.S. 2021, Section 2-503.1, which
217-relates to filing of employer protes t; removing
218-optional use of portal; amending 40 O.S. 2021,
219-Section 2-605, which relates to notice of decision;
220-providing for notice by electronic means; allowing
221-
222-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 4 1
223-2
224-3
225-4
226-5
227-6
228-7
229-8
230-9
231-10
232-11
233-12
234-13
235-14
236-15
237-16
238-17
239-18
240-19
241-20
242-21
243-22
244-23
245-24
246-
247-for option of use; removing criteria for mail
248-notice; amending 40 O.S. 2021, Section 2 -606, which
249-relates to appeals; removing condition for notice by
250-mail; amending 40 O.S. 2021, Section 3-106, which
251-relates to benefit wages cha rged; removing
252-conditions for method of mail notice; adding
253-reference for filings and hearings by the Assessment
254-Board; removing provision for written p rotest;
255-amending 40 O.S. 2021, Section 3 -115, which relates
256-to appeal of determination; updating statutory
257-language; amending 40 O.S. 2021, Sectio n 3-307,
258-which relates to remittances; providing for
259-Commission to promulgate rules for payment of
260-unemployment taxes; amending 40 O.S. 2021, Secti on
261-4-205, which relates to temporary members; providing
262-for appointment of an additional temporary member by
263-the Governor in the event of disqualification of a
264-member of the Board of Review; amending 40 O.S.
265-2021, Section 4-508, which relates to information to
266-be kept confidential; updating statutory language;
267-permitting disclosure of information for additional
268-agencies by Commission; repealing 40 O.S. 2021,
269-Sections 1-202, 1-202.2, 1-203, 1-204, 1-205, 1-206,
270-1-207, 1-211, 1-212, 1-213, 1-215, 1-216, 1-219, 1-
271-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-711, 2-
272-713, and 3-118, which relate to the Employment
273-Security Act of 1980; providing for codification;
274-and providing an effective date.
275-
276-
277-
151+SB1800 HFLR Page 3
152+BOLD FACE denotes Committee Amendments. 1
153+2
154+3
155+4
156+5
157+6
158+7
159+8
160+9
161+10
162+11
163+12
164+13
165+14
166+15
167+16
168+17
169+18
170+19
171+20
172+21
173+22
174+23
175+24
278176
279177 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
280178 SECTION 1. AMENDATORY 40 O.S. 2021, Section 1-201, is
281179 amended to read as follows:
282-Section 1-201. GENERAL DEFINITIONS. The words and phrases As
283-used in this act shall, unless the context cl early requires
284-otherwise, have the meanings prescribed in Part 2 of this Article
285-the Employment Security Act of 1980 :
286-
287-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 5 1
288-2
289-3
290-4
291-5
292-6
293-7
294-8
295-9
296-10
297-11
298-12
299-13
300-14
301-15
302-16
303-17
304-18
305-19
306-20
307-21
308-22
309-23
310-24
311-
312-1. "Additional initial claim " means a claim applicatio n which
313-reactivates a claim during an existing benefit year and certifies to
314-a period of employment which occurred subsequent to the date of the
315-filing of the last initial, additional , or reopened claim;
316-2. "Alternative base period" means the most recent four (4)
317-completed calendar quarters immediately preceding the first day of
318-an individual’s benefit year. In the event that an individual ’s
319-claim uses an alternative base period to meet the wage requ irement
320-under Section 2-207 of this title, this "alternative base period"
321-shall be substituted for "base period" for all other purposes un der
322-the Employment Security Act of 1980;
323-3. "Assigned tax rate" means the tax rate assigned to an
324-employer pursuant to Section 3-110.1 of this title when the employer
325-does not have sufficient experience history to meet the At-Risk Rule
326-set out in paragraph 3 of Section 3-110.1 of this title;
327-4. "Base period" means the first four ( 4) of the last five (5)
328-completed calendar quarters immediately preceding the first day of
329-an individual’s benefit year;
330-5. "Benefit year" with respect to any individual means the one-
331-year period beginning with the first day of the first week with
332-respect to which the individual first files a v alid claim for
333-benefits and thereafter the one -year period beginning with the first
334-day of the first week with respect to which the indi vidual next
335-files a valid claim for benefits after the termination of his or her
336-
337-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 6 1
338-2
339-3
340-4
341-5
342-6
343-7
344-8
345-9
346-10
347-11
348-12
349-13
350-14
351-15
352-16
353-17
354-18
355-19
356-20
357-21
358-22
359-23
360-24
361-
362-last preceding benefit year. Any claim for benefits shall be deemed
363-a valid claim for the purp ose of this section if the individual has
364-been paid the wages for insured work requ ired under the Employment
365-Security Act of 1980;
366-6. "Benefit wages" means the taxable wages earned by a claimant
367-during the claimant’s base period which are not in excess of the
368-current maximum weekly benefit amount, as determined under Section
369-2-104 of this title, multiplied by the maximum number of weeks for
370-which benefits could be paid to any individual (now twenty -six (26)
371-weeks) multiplied by three (3); provided, however , no wages shall be
372-included as "benefit wages" unless and until the claimant has b een
373-paid benefits for five (5) weeks in one (1) benefit year ;
374-7. "Benefits" mean the money payments payable to an in dividual
375-as provided in the Employment Security Act of 1980 with respect to
376-his or her unemployment including extended benefits. The federal
377-share of such extended benefits shall not be construed as benefits
378-for the purposes of computing contribution rates under the
379-Employment Security Act of 1980;
380-8. "Calendar quarter" means the period of three (3) consecutive
381-calendar months ending on Mar ch 31, June 30, September 30, or
382-December 31, or the equivalent thereof as the Commission may by
383-regulation prescribe ;
384-9. "Client" shall have the same meaning as provided in
385-paragraph 1 of Section 600.2 of this title;
386-
387-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 7 1
388-2
389-3
390-4
391-5
392-6
393-7
394-8
395-9
396-10
397-11
398-12
399-13
400-14
401-15
402-16
403-17
404-18
405-19
406-20
407-21
408-22
409-23
410-24
411-
412-10. "Coemployer" shall have the same meaning as provided in
413-paragraph 2 of Section 600.2 of this title;
414-11. "Coemployment relationship " shall have the same meaning as
415-provided in paragraph 3 of Section 600.2 of this title;
416-12. "Commission" means the Oklahoma Employment Security
417-Commission;
418-13. "Commissioner" means a member of the Commission;
419-14. "Continued claim series " means an uninterrupted series of
420-weekly claims filed by a claimant during the benefit y ear;
421-15. "Contributions" mean the money payments including taxes and
422-reimbursements, required by the Employment Security Act of 1980 to
423-be paid into the Unemployment Com pensation Fund by an employer;
424-16. "Covered employee" shall have the same meaning as provided
425-in paragraph 5 of Section 600.2 of this title;
426-17. "Digital portal filing" means electronic communication
427-through the agency digital porta l;
428-18. "Earned tax rate" means the tax rate calculat ed for an
429-employer with sufficient experience history to meet the At-Risk Rule
430-set out in paragraph 3 of Section 3-110.1 of this title, with the
431-tax rate calculated pursuant to the provisions of Section 3-101 et
432-seq. of this title;
433-19. "Electronic e-filing" means filing by email or fax to
434-email;
435-
436-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 8 1
437-2
438-3
439-4
440-5
441-6
442-7
443-8
444-9
445-10
446-11
447-12
448-13
449-14
450-15
451-16
452-17
453-18
454-19
455-20
456-21
457-22
458-23
459-24
460-
461-20. "Eligibility period" of an individual for extended benefits
462-means the period consisting of the weeks in his or her benefit year
463-as defined by the Employment Security Act of 1980, which begin in an
464-extended benefit period and, if his or her benefit year ends with in
465-such extended benefit period, any weeks thereafter which begin in
466-such extended benefit period;
467-21. "Employer" shall have the same meaning as provided in
468-Section 1-208 of this title;
469-22. "Employing unit" means any individual or type of
470-organization including any partnership, association, trust, estate,
471-joint stock company, insurance co mpany, limited liability company or
472-corporation, whether domestic or foreign, or the receiver, trustee
473-in bankruptcy, trustee or successor thereof, or the legal
474-representative of a deceased person, which has or subsequent to
475-January 1, 1936, had in its emp loy one or more individuals
476-performing services for it within this state ;
477-23. "Employment" shall have the same meaning as provided in
478-Section 1-210 of this title;
479-24. "Employment office" means a free public employment office
480-or branch thereof operated by this or any other state as a part of a
481-state-controlled system of publi c employment offices or by a federal
482-agency charged with the administration of an unemployment
483-compensation program or free public employment offices;
484-
485-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 9 1
486-2
487-3
488-4
489-5
490-6
491-7
492-8
493-9
494-10
495-11
496-12
497-13
498-14
499-15
500-16
501-17
502-18
503-19
504-20
505-21
506-22
507-23
508-24
509-
510-25. "Employment Security Adminis tration Fund" means the fund
511-established in Section 4-602 of this title from which administration
512-expenses under the Employment Security Act of 1980 shall be paid;
513-26. "Exhaustee" shall have the same meaning as provided in
514-Section 2-712 of this title;
515-27. "Experience period" means the most recent twelve (12)
516-consecutive completed calendar quarters occurring before July 1 of
517-the year immediately preceding the year for whi ch the employer’s
518-contribution rate is being calculated;
519-28. "Extended base period" means the four (4) quarters prior to
520-the claimant’s base period. These four (4 ) quarters may be
521-substituted for base period quarters on a quarter-by-quarter basis
522-to establish a valid claim regardless of whether the wages have bee n
523-used to establish a prio r claim, except any wages earned that would
524-render the Commission out of compliance with applicable federal law
525-shall be excluded if used in a prior claim;
526-29. "Extended benefit period" shall have the same meaning as
527-provided in Section 2-703 of this title;
528-30. "File", "files", or "filed" shall have the same meaning as
529-provided in Section 1-224 of this title;
530-31. "Mail", "mails", "mailed", or "mailing" means communication
531-sent by a postal service with sufficient postage;
532-32. "Foreign limited liability company" shall be defined by the
533-provisions of the Oklahoma Limited Liability Company Act;
534-
535-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 10 1
536-2
537-3
538-4
539-5
540-6
541-7
542-8
543-9
544-10
545-11
546-12
547-13
548-14
549-15
550-16
551-17
552-18
553-19
554-20
555-21
556-22
557-23
558-24
559-
560-33. "Fund" means the Unemployment Compensation Fund established
561-in Section 3-601 of this title;
562-34. "Hospital" means any hospital required to be licensed under
563-the Oklahoma Public Health Code, Sections 1-101 et seq. of Title 63
564-of the Oklahoma Statutes, and includes state mental hospitals an d
565-any other mental hospital or institution;
566-35. "Initial claim" means a new claim application submitted b y
567-a claimant to establish a benefit year f or unemployment insurance
568-benefits;
569-36. "Institution of higher education " shall have the same
570-meaning as provided in Section 1-214 of this title;
571-37. "Insured work" means employment for employers as defined by
572-the Employment Security Act of 1980;
573-38. "Lessor employing unit " means any independently established
574-business entity which engages in the business of p roviding leased
575-employees to any other employer, individual, organization,
576-partnership, corporation, or other legal entity, refe rred to herein
577-as a client lessee;
578-39. "Limited liability company " shall be defined by the
579-provisions of the Oklahoma Limited L iability Company Act;
580-40. "Probationary period" means a period of time set forth in
581-an established probationary plan, which app lies to all employee s or
582-a specific group of employees, and does not ex ceed ninety (90)
583-calendar days from the fi rst day a new employee begins work;
584-
585-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 11 1
586-2
587-3
588-4
589-5
590-6
591-7
592-8
593-9
594-10
595-11
596-12
597-13
598-14
599-15
600-16
601-17
602-18
603-19
604-20
605-21
606-22
607-23
608-24
609-
610-41. "Professional Employer Organization" or "PEO" means an
611-organization that is subject to the Oklahoma Professional Employer
612-Organization Recognition and Registration Act and which mee ts the
613-definition set out in paragraph 9 of Section 600.2 of this title;
614-42. "Rate of insured employment" shall have the same meaning as
615-provided in Section 2-708 of this title;
616-43. "Regular benefits" means benefits payable to an individual
617-under the Employment Security Act of 1980, or under any othe r state
618-law including dependents’ allowances and benefits payable to federal
619-civilian employees;
620-44. "Reopened claim" means a claim application which
621-reactivates a claim during an existing benefit year when a claimant
622-stopped filing for benefits before hi s or her claim was exhausted,
623-but in which there occurred no intervening employment from the date
624-of the filing of the last init ial, additional, or reopened claim;
625-45. "State" includes, in addition to the state s of the United
626-States of America, the District of Columbia, the Commonwealth of
627-Puerto Rico and the Virgin Islands;
628-46. "State law" means the unemployment insurance law of any
629-state, approved by the Secretary of Labor of the United States under
630-Section 3304 of the Internal Revenue Code of 1954;
631-47. "Supplemental unemployment benefit plan " means a plan that
632-provides for an employer to make payments to its employees during a
633-permanent or tempora ry layoff that will supplement unemployment
634-
635-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 12 1
636-2
637-3
638-4
639-5
640-6
641-7
642-8
643-9
644-10
645-11
646-12
647-13
648-14
649-15
650-16
651-17
652-18
653-19
654-20
655-21
656-22
657-23
658-24
659-
660-benefits received by the employees. The purpose of a supplementa l
661-unemployment benefit plan is to allow an employer to sustain the
662-purchasing power of its employees or former employees during a
663-layoff;
664-48. "Taxable wages" means the wages paid to an individual with
665-respect to employment during a calendar year for servi ces covered by
666-the Employment Security Ac t of 1980 or other state unemployment
667-compensation acts which shall equal the applicab le percentage of the
668-state’s average annual wage for the second prece ding calendar year
669-as determined by the Commission, rounded to the nearest multiple of
670-One Hundred Dollars ($100.00);
671-49. "Wages" shall have the same meaning as provided in Section
672-1-218 of this title;
673-50. "Wages paid" means wages actually paid to the worker;
674-provided, however, that in the event of any distributi on of an
675-employer’s assets through insolvency, receivership, composition,
676-assignment for the benefit of creditors, or terminati on of business,
677-wages earned but not actually paid shall be considered as paid ; and
678-51. "Week" means such period of se ven (7) consecutive days, as
679-the Commission may by regulation prescribe.
680-SECTION 2. AMENDATORY 40 O.S. 2021, Se ction 1-202.1, is
681-amended to read as follows:
682-Section 1-202.1 EXTENDED BASE PERIOD.
683-
684-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 13 1
685-2
686-3
687-4
688-5
689-6
690-7
691-8
692-9
693-10
694-11
695-12
696-13
697-14
698-15
699-16
700-17
701-18
702-19
703-20
704-21
705-22
706-23
707-24
708-
709-If an individual lacks sufficient b ase period wages because of a
710-job-related injury for w hich the individual received total temporary
711-disability payments awarded by the W orkers’ Compensation Court, upon
712-written application by the claimant , an extended base period will be
713-substituted for the current base period on a quarter -by-quarter
714-basis as needed to establish a valid claim. "Extended base period "
715-means the four quarter s prior to the claim ant’s base period. These
716-four quarters may be s ubstituted for base period quarters on a
717-quarter-by-quarter basis to establish a valid claim regardless of
718-whether the wages have been used to establish a prior claim, except
719-any wages earned that would rende r the Commission out of compliance
720-with applicable federal law will be excluded if used in a prior
721-claim. Benefits paid on the basis of an extended base p eriod, which
722-would not otherwise be payable, shall be noncharged .
723-SECTION 3. AMENDATORY 40 O.S. 2021, Section 1 -209, is
724-amended to read as follows:
725-Section 1-209. EMPLOYING UNIT.
726-"Employing unit" means any individual or type of organization,
727-including any partnership, association, trust, estate, joint stock
728-company, insurance co mpany, limited liability company or
729-corporation, whether dom estic or foreign, or the receiver, trustee
730-in bankruptcy, trustee or su ccessor thereof, or the legal
731-representative of a deceased person, which has or subsequent to
732-
733-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 14 1
734-2
735-3
736-4
737-5
738-6
739-7
740-8
741-9
742-10
743-11
744-12
745-13
746-14
747-15
748-16
749-17
750-18
751-19
752-20
753-21
754-22
755-23
756-24
757-
758-January 1, 1936, had in its emp loy one or more individuals
759-performing services for it withi n this state.
760-All individuals performing services within this state for any
761-employing unit which maintains two or more separate establishments
762-within this state shall be deemed to be employed by a single
763-employing unit for all the purposes of the Employmen t Security Act
764-of 1980, except as provided under paragraphs 10 and 11 o f Section 1-
765-208 of this title.
766-Whenever any employing unit contracts with or has under it any
767-contractor or subcontractor for any employment, which is part of its
768-usual trade, occupatio n, profession, or business, unless the
769-employing unit as well as each s uch contractor or subcontractor is
770-an employer by reason of Section 1-208 or Section 3-203 of this
771-title, the employing unit shall for all the purposes of the
772-Employment Security Act of 1980 be deemed to employ each individual
773-in the employ of each such co ntractor or subcontractor for each day
774-during which such individual is engaged in performing such
775-employment; except that eac h such contractor or subcontractor who is
776-an employer by reason of Section 1-208 or Section 3-203 of this
777-title shall alone be liab le for the contributions measured by wages
778-paid to individuals employed by the contractor or subcontracto r, and
779-except that any employing unit which shall become liable for and pay
780-contributions with respect to individuals in the empl oy of any such
781-contractor or subcontractor who is not an employer by reason of
782-
783-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 15 1
784-2
785-3
786-4
787-5
788-6
789-7
790-8
791-9
792-10
793-11
794-12
795-13
796-14
797-15
798-16
799-17
800-18
801-19
802-20
803-21
804-22
805-23
806-24
807-
808-Section 1-208 or Section 3-203 of this title may recover the same
809-from such contractor or subcontractor.
810-Each individual employe d to perform or to assist in performing
811-the work of any agent or employ ee of an employing unit shall be
812-deemed to be employed by such employing unit for all the purposes of
813-the Employment Security Act of 1980, whether such individual was
814-hired or paid directly by such employing unit or by such agent or
815-employee of an employin g unit, provided the employing unit had
816-actual or constructive knowledge of the employment.
817-SECTION 4. AMENDATORY 40 O.S. 20 21, Section 1-209.1, is
818-amended to read as follows:
819-Section 1-209.1 LESSOR EMPLOYING UNIT. A. "Lessor employing
820-unit" means any independently established business entity which
821-engages in the business of prov iding leased employees to any other
822-employer, individual, organization, partn ership, corporation or
823-other legal entity, referred to herein as a client lessee.
824-B. Any employer or any individual, organization, partnership,
825-corporation or other legal entity which meets the definition of
826-lessor employing unit shall be liable for contr ibution on wages paid
827-by the lessor employing unit t o individuals performing services for
828-client lessees of the lessor employing unit.
829-C. B. Unless the lessor employing unit has timely complied with
830-the provisions of this section, any employer, individual,
831-organization, partnership, corporation or other le gal entity leasing
832-
833-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 16 1
834-2
835-3
836-4
837-5
838-6
839-7
840-8
841-9
842-10
843-11
844-12
845-13
846-14
847-15
848-16
849-17
850-18
851-19
852-20
853-21
854-22
855-23
856-24
857-
858-employees from any lessor em ploying unit shall be jointly and
859-severally liable for any unpaid contributions, interest, penalties
860-and fees due under this section from any lessor employing u nit
861-attributable to wages for services performed for the client lessee
862-entity by the employees l eased to the client lessee entity.
863-D. C. In order to relieve client lessees fro m joint and several
864-liability imposed under this section, any lessor employing unit as
865-defined herein may post and maintain a sur ety bond issued by a
866-corporate surety authorize d to do business in this state in an
867-amount equivalent to the contributions for which the lessor
868-employing unit was liable in the last calendar year in which it
869-accrued contributions, or One Hundred Thousand D ollars
870-($100,000.00), whichever amount is the g reater, to ensure prompt
871-payment of contributions, interest, penalties and fees for which the
872-lessor employing unit may be or may become liable under this
873-section.
874-E. D. Any lessor employing unit as defined h erein which is
875-currently engaged in the busines s of leasing employees to client
876-lessees shall comply with the provisions of thi s section by January
877-1, 1991.
878-F. E. Any lessor employing unit not engaged in the busines s of
879-leasing employees to client lessees on or before the effective date
880-of this act May 31, 1990, shall comply with the requirements herein
881-before entering into lease agreements with client lessees.
882-
883-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 17 1
884-2
885-3
886-4
887-5
888-6
889-7
890-8
891-9
892-10
893-11
894-12
895-13
896-14
897-15
898-16
899-17
900-18
901-19
902-20
903-21
904-22
905-23
906-24
907-
908-SECTION 5. AMENDATORY 40 O.S. 2021, Section 1-209.2, is
909-amended to read as follows:
910-Section 1-209.2 A. 1. A "Professional Employer Organization"
911-or "PEO" is an organization that is subject to the Oklahoma
912-Professional Employer Organization Recognition and Regis tration Act
913-and which meets the definition set out in paragraph 9 of Section
914-600.2 of Title 40 of the Oklahoma Statutes.
915-2. "Client" shall have the same meaning as provided by
916-paragraph 1 of Section 600.2 of Title 40 of the Oklahoma Statutes.
917-3. "Coemployer" shall have the same meaning as provided by
918-paragraph 2 of Section 600.2 of Title 40 of the Oklahoma Statut es.
919-4. "Coemployment relationship" shall have the same meaning as
920-provided by paragraph 3 of Section 600.2 of Title 40 of the Oklahoma
921-Statutes.
922-5. "Covered employee" shall have the same meaning as provided
923-by paragraph 5 of Section 600.2 of Title 40 of the Oklahoma
924-Statutes.
925-B. For purposes of the Employment Security Act of 1980, the PEO
926-and its client shall be considered coemployers of the cov ered
927-employees that are under the direction and control of the client.
928-C. B. If a PEO fails to become or remai n registered under the
929-Oklahoma Professional Employer Organization Recognition and
930-Registration Act, the entity shall be considered a third -party
931-administrator of the client account. As a third-party
932-
933-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 18 1
934-2
935-3
936-4
937-5
938-6
939-7
940-8
941-9
942-10
943-11
944-12
945-13
946-14
947-15
948-16
949-17
950-18
951-19
952-20
953-21
954-22
955-23
956-24
957-
958-administrator, a power of attorney will be required to obtain
959-information from the client’s account.
960-SECTION 6. AMENDATORY 40 O.S. 2021, Section 1-217, is
961-amended to read as follows:
962-Section 1-217. UNEMPLOYED. An individual shall be de emed
963-"unemployed" with respect to any week durin g which he performed no
964-services and with respect to which no wages are payable to him, or
965-with respect to any week of less than full-time work if the wages
966-payable to him with respect to such week are less t han his weekly
967-benefit amount plus One Hundred D ollars ($100.00); provided that for
968-A. An individual shall be deemed unemployed with respect to any
969-week during which:
970-1. The individual performed no services; and
971-2. No wages are payable to the individual.
972-B. For an initial or additional initial claim filing, an
973-individual shall be deemed unemployed:
974-1. With respect to any week of less than full-time work, if the
975-wages payable to the individual are less than his or her weekly
976-benefit amount plus One Hundred Dollars ($100.00) ; and
977-2. If the individual has incurred a loss of wages or reductions
978-in hours equal to or greater than fifteen percent (15%) of the
979-income or hours worked, based on his or her customary work
980-experience or contract of hire.
981-
982-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 19 1
983-2
984-3
985-4
986-5
987-6
988-7
989-8
990-9
991-10
992-11
993-12
994-13
995-14
996-15
997-16
998-17
999-18
1000-19
1001-20
1002-21
1003-22
1004-23
1005-24
1006-
1007-C. For filing made during a continued claim series, an
1008-individual shall be deemed unemployed with respect to any week of
1009-less than full-time work if the wages payable to the individual are
1010-less than his or her weekly benefit amount plus One Hundred Dollars
1011-($100.00).
1012-D. For the purpose of this section only, any vacation leave
1013-payments or sick leave payments, which such individual m ay receive
1014-or be entitled to from his or her employer or former employer,
1015-arising by reason of separation from employment, shall be deemed not
1016-to be wages as the term wages is used in this section.
1017-E. A finding that an individual has satisfied the hour and wage
1018-threshold as defined in this section shall not preclude a potential
1019-investigation or disqualification for benefits as provided in
1020-Section 2-101 et seq. of this title if the employer files a timely
1021-protest to the initial or additional initial claim.
1022-SECTION 7. AMENDATORY 40 O.S. 2021, Section 1 -223, is
1023-amended to read as follows:
1024-Section 1-223. TAXABLE WAGES – CONDITIONAL FACTORS AND
1025-PERCENTAGES.
1026-"Taxable wages" means the wages paid to an individual with
1027-respect to employment during a calendar year for services covered by
1028-the Employment Security Act of 1980 or other state unemployment
1029-compensation acts whi ch shall equal the applicable percenta ge of the
1030-state’s average annual wage for the second preceding calendar year
1031-
1032-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 20 1
1033-2
1034-3
1035-4
1036-5
1037-6
1038-7
1039-8
1040-9
1041-10
1042-11
1043-12
1044-13
1045-14
1046-15
1047-16
1048-17
1049-18
1050-19
1051-20
1052-21
1053-22
1054-23
1055-24
1056-
1057-as determined by the Commission, rounded to the nearest multiple of
1058-One Hundred Dollars ($100.00). The applicable percentage of the
1059-state’s average annual wage is determined by the conditional factor
1060-in place during the calendar year for which the taxable wage is
1061-being calculated. The conditio nal factor is determined pursuant to
1062-the provisions of Section 3 -113 of this title. The applicable
1063-percentages are as follows:
1064-1. Forty percent (40%) during any calendar year in which the
1065-balance in the Unemployment Compensation Fund is in excess of the
1066-amount required to initiate conditional contribution rates, pursuant
1067-to the provisions of Section 3 -113 of this title;
1068-2. Forty-two and one-half percent (42.5%) during calendar years
1069-in which condition "a" exists;
1070-3. Forty-five percent (45%) during calen dar years in which
1071-condition "b" exists;
1072-4. Forty-seven and one-half percent (47.5%) during calendar
1073-years in which condition "c" exists; and
1074-5. Fifty percent (50%) during calendar years in which condition
1075-"d" exists.
1076-SECTION 8. AMENDATORY 40 O.S. 2021, Section 1 -224, is
1077-amended to read as follows:
1078-Section 1-224. FILE.
1079-A. For purposes of this section , "OESC 2020-21 business process
1080-transformation" means a change from paper process to in tegrated
1081-
1082-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 21 1
1083-2
1084-3
1085-4
1086-5
1087-6
1088-7
1089-8
1090-9
1091-10
1092-11
1093-12
1094-13
1095-14
1096-15
1097-16
1098-17
1099-18
1100-19
1101-20
1102-21
1103-22
1104-23
1105-24
1106-
1107-digital technology. Upon completion of the OESC 2020 -21 business
1108-process transformation, electronic e -filing will be the Commission ’s
1109-preferred filing method for tendering and receiving documents. All
1110-claimants and employers tendering documents to the Commission will
1111-be expected to tender the documents electronically. If the claimant
1112-or employer has elected to utilize other means of transmittal , it
1113-will be the responsibil ity of the claimant or employer to notify the
1114-Commission of this preference .
1115-B. When any document is required to be filed by the provisions
1116-of the Employment Security Act of 1980 or the rules promulgated
1117-under the authority of the Employment Security Act of 1980 with the
1118-Oklahoma Employment Security Commission, any of its repres entatives,
1119-or the Board of Review for the Oklahoma Employment Security
1120-Commission the provisions of the Employment Security Act of 1980 or
1121-the rules promulgated under the auth ority of the act require any
1122-document to be filed with the Oklahoma Employment Se curity
1123-Commission or its affiliate entities, the term "file", "files", or
1124-"filed" shall be defined as follows mean:
1125-1. Hand-delivered Hand-delivery to the central administrative
1126-office of the Oklahoma Employment Security Commission by the close
1127-of business on or before the date due;
1128-2. Telefaxed to the telefax number indicated on the
1129-determination letter, order or other document issued by the Oklahoma
1130-Employment Security Commission by midnight on or before the date
1131-
1132-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 22 1
1133-2
1134-3
1135-4
1136-5
1137-6
1138-7
1139-8
1140-9
1141-10
1142-11
1143-12
1144-13
1145-14
1146-15
1147-16
1148-17
1149-18
1150-19
1151-20
1152-21
1153-22
1154-23
1155-24
1156-
1157-due. Timely telefaxing shall be determi ned by the date and time
1158-recorded by the Commission ’s telefax equipment;
1159-3. Mailed with sufficient postage and properly addressed to the
1160-address indicated on th e determination letter, order or other
1161-document issued Mailing by means calculated to ensure re ceipt by the
1162-Oklahoma Employment Security Com mission on or before the date due.
1163-Timely mailing shall be determined by the United States Postal
1164-Service postmark. If there is no proof from the post office of the
1165-date of mailing such legible postmark, the date of receipt by the
1166-Commission shall constitute the date of filing; or
1167-4. 3. Electronic e-filing to the Oklahoma Employment Security
1168-Commission, as directed by the instructions o n the determination
1169-letter, order or other document issued by the Commissio n, by
1170-midnight on or before the date due. Timely transmission shall be
1171-determined by the Commissi on’s transmission log file ; or
1172-4. Digital portal filing b y midnight on or before t he date due.
1173-Timely transmission shall be determined by the Commission ’s
1174-transmission log file.
1175-C. If the Employment Security Act of 1980 or the rules
1176-promulgated under the Employment Security Act of 1980 require that a
1177-document be filed with a court or any other agency of this state,
1178-the term "file", "files" or "filed" shall be defined by the
1179-statutes, rules or practice governing that court or agency.
1180-
1181-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 23 1
1182-2
1183-3
1184-4
1185-5
1186-6
1187-7
1188-8
1189-9
1190-10
1191-11
1192-12
1193-13
1194-14
1195-15
1196-16
1197-17
1198-18
1199-19
1200-20
1201-21
1202-22
1203-23
1204-24
1205-
1206-SECTION 9. AMENDATORY 40 O.S. 2021, S ection 1-225, is
1207-amended to read as follo ws:
1208-Section 1-225. SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN.
1209-A. "Supplemental unemployment benefit plan" means a plan that
1210-provides for an employer to make payments to its employees during a
1211-permanent or temporary layoff that will supplement unemployment
1212-benefits received by the employees. The purpose of a supplemental
1213-unemployment benefit plan is to allow an employer to sustain the
1214-purchasing power of its employees or former employ ees during a
1215-layoff.
1216-B. A supplemental unemployment benefit plan for a tem porary
1217-layoff must meet the following requirements:
1218-1. The plan shall provide for a paymen t from the employer to
1219-the employee each week during the temporary layoff to supplement
1220-unemployment benefits received by the employee;
1221-2. The plan must be part of an agreement entered into between
1222-the employer and employee, or between the employer and a collective
1223-bargaining agent on behalf of the employee, before the date the
1224-layoff is effective;
1225-3. The employer must be able to give a reasonable assurance
1226-that the separated employees will be able to return to work at the
1227-end of the temporary layoff;
1228-4. The employer must inform the Commission of the beginning and
1229-ending dates of the layoff a nd keep the Commission infor med of any
1230-
1231-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 24 1
1232-2
1233-3
1234-4
1235-5
1236-6
1237-7
1238-8
1239-9
1240-10
1241-11
1242-12
1243-13
1244-14
1245-15
1246-16
1247-17
1248-18
1249-19
1250-20
1251-21
1252-22
1253-23
1254-24
1255-
1256-changes in circumstances while any c laims for unemployment benefits
1257-are in existence; and
1258-5. The plan must provide for equal t reatment of all employees
1259-covered by the plan who are included in the layoff.
1260-The requirements of Sections 2-417 and 2-418 of this title shall be
1261-waived for any claimant of unemployment benefits who is receiving
1262-supplemental benefits under this subsection.
1263-C. B. A supplemental unemployment benefit plan for a permanent
1264-layoff must meet the foll owing requirements:
1265-1. The plan shall provide for a payment from the emplo yer to
1266-the former employee during each week unemployment benefits are paid
1267-to the former employee, in order to supplement the unemployment
1268-benefits received by the former employee;
1269-2. The plan must be part of an agreement entered into between
1270-the employer and former employee, or between the employer and a
1271-collective bargaining agent on behalf o f the former employee, before
1272-the date the layoff is effective; and
1273-3. The plan must prov ide for equal treatment of a ll former
1274-employees covered by the plan who are included in the layoff.
1275-The requirements of Sections 2-417 and 2-418 of this title shall
1276-be applicable to any claimant of unemployment benefits who is
1277-receiving supplemental benefi ts under this subsection.
1278-
1279-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 25 1
1280-2
1281-3
1282-4
1283-5
1284-6
1285-7
1286-8
1287-9
1288-10
1289-11
1290-12
1291-13
1292-14
1293-15
1294-16
1295-17
1296-18
1297-19
1298-20
1299-21
1300-22
1301-23
1302-24
1303-
1304-D. C. The amount of supplemental unemployment be nefit plan
1305-payments will not be deducted from the weekly benefit amount of an
1306-unemployment benefit claim.
1307-E. D. All supplemental unemployment benefit plans must be
1308-approved by the Director of the Unemployment Insurance Division of
1309-the Oklahoma Employment Security Commission. The Director’s
1310-determination will be in writing and mailed to the emp loyer and the
1311-collective bargaining agent of the employees, if any exists, at
1312-their last-known addresses, within twent y (20) days of the rece ipt
1313-of the employer’s plan. If an employer or collective bargaining
1314-agent disagrees with the determination, an app eal can be taken
1315-pursuant to Section 3 -115 of this title.
1316-SECTION 10. AMENDATORY 40 O.S. 2021, Section 1 -228, is
1317-amended to read as follows:
1318-Section 1-228. LIMITED LIABILITY COMPANIES.
1319-A. For purposes of the Employment Security A ct of 1980, a
1320-"limited liability company " and a "foreign limited liability
1321-company" shall be defined by the provisions of the Oklahoma Limit ed
1322-Liability Company Act.
1323-B. For unemployment tax purposes, wages, salaries, or draws
1324-paid to limited liability com pany members, relatives of the members,
1325-and employees shall be taxed in the same manner as required by the
1326-Federal Unemployment Tax Act, Tit le 26 U.S.C., Chapter 23, and the
1327-Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99.
1328-
1329-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 26 1
1330-2
1331-3
1332-4
1333-5
1334-6
1335-7
1336-8
1337-9
1338-10
1339-11
1340-12
1341-13
1342-14
1343-15
1344-16
1345-17
1346-18
1347-19
1348-20
1349-21
1350-22
1351-23
1352-24
1353-
1354-SECTION 11. NEW LAW A new section of law to be codified
1355-in the Oklahoma Statutes as Sec tion 1-230 of Title 40, unless there
1356-is created a duplication in numbering , reads as follows:
1357-NOTICE GIVEN.
1358-A. Notice shall be deemed given when the Oklahoma Employment
1359-Security Commission notifies by one of the following means:
1360-1. Mail;
1361-2. Email or fax to email; or
1362-3. Upload to the agency digit al portal.
1363-There is a rebuttable pres umption that notice has been given on
1364-the date stated in the communication.
1365-B. The Commission's preferred method of notification shall be
1366-electronic delivery through the agency digital portal or email. If
1367-claimants or employers wish to opt into delivery by the agency
1368-digital portal or email, they may notify the Commission by one of
1369-the methods listed in subsection A of this se ction.
1370-SECTION 12. AMENDATORY 40 O.S. 2021, Section 2 -203, is
1371-amended to read as follows:
1372-Section 2-203. CLAIM.
1373-A. An unemployed individual must file an initial claim for
1374-unemployment benefits by completing the required forms thr ough the
1375-Internet Claims service provided by the Commission, or by completing
1376-all forms necessary to process an initial claim in a local office of
1377-the Commission or any alt ernate site designated by the Commission to
1378-
1379-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 27 1
1380-2
1381-3
1382-4
1383-5
1384-6
1385-7
1386-8
1387-9
1388-10
1389-11
1390-12
1391-13
1392-14
1393-15
1394-16
1395-17
1396-18
1397-19
1398-20
1399-21
1400-22
1401-23
1402-24
1403-
1404-take unemployment benefit claims. The C ommission may obtain
1405-additional informati on regarding an individual ’s claim through any
1406-form of telecommunication, writing, or interview . An unemployed
1407-individual must file a claim by telecommunication or by Internet
1408-utilizing the digital services portal to create an account to access
1409-benefits with respect to each week in accordanc e with such rule as
1410-the Commission may prescribe.
1411-B. 1. During the process of filing an init ial claim for
1412-unemployment benefits, the claimant shall be made aware of the
1413-definition of misconduct set out in Section 2 -406 of this title, and
1414-the claimant shall affirmatively certify that the answers given to
1415-all questions in the initial claim process are true and correct to
1416-the best of the claimant ’s knowledge and that no information has
1417-been intentionally withheld or misre presented in an attempt by the
1418-claimant to receive benefits to which the claimant is not entitled.
1419-2. The certification statement required in paragraph 1 of this
1420-subsection shall be available through the Internet C laims service
1421-provided by the Commission and by a form to be compl eted by the
1422-claimant in a local office of the Commission or at any alt ernate
1423-site designated by the Commis sion to take unemployment benefit
1424-claims.
1425-C. With respect to each week, the claimant must provide the
1426-Commission with a true and correct statement of all material facts
1427-relating to unemployment; ability to work; availab ility for work;
1428-
1429-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 28 1
1430-2
1431-3
1432-4
1433-5
1434-6
1435-7
1436-8
1437-9
1438-10
1439-11
1440-12
1441-13
1442-14
1443-15
1444-16
1445-17
1446-18
1447-19
1448-20
1449-21
1450-22
1451-23
1452-24
1453-
1454-activities or condit ions which could restrict the individual from
1455-seeking or immediately accepting full -time employment or part-time
1456-work if subsection (4) of Section 2-408 of this title applies;
1457-applications for or receipt of workers’ compensation benefits;
1458-employment and earnings; and the reporting of other income from
1459-retirement, pension, disability, self -employment, education or
1460-training allowances.
1461-D. C. No claim will be allowed or paid unless the claimant
1462-resides within a state or for eign country with which the State of
1463-Oklahoma has entered into a reciprocal or cooperative arrangement
1464-pursuant to Part 7 of Article IV of the Employment Securit y Act of
1465-1980 Section 4-701 et seq. of this title.
1466-E. D. The Commission may req uire the individual to produce
1467-documents or information relevant to the claim for benefits. If the
1468-individual fails to produce it, the individual’s claim for
1469-unemployment benefits may be disqualified indefinitely by the
1470-Commission until the information is produced. An individual that
1471-has been disqualified indefinitely by the provisions of this
1472-subsection may receive payment for any week between the initial
1473-failure and the comp liance with this subsection if the claim ant is
1474-otherwise eligible and has made a timely filing for each intervening
1475-week.
1476-SECTION 13. AMENDATORY 40 O.S. 2021, Section 2 -205.1, is
1477-amended to read as follows:
1478-
1479-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 29 1
1480-2
1481-3
1482-4
1483-5
1484-6
1485-7
1486-8
1487-9
1488-10
1489-11
1490-12
1491-13
1492-14
1493-15
1494-16
1495-17
1496-18
1497-19
1498-20
1499-21
1500-22
1501-23
1502-24
1503-
1504-Section 2-205.1 The unemployed individual must be able to
1505-perform work duties in keeping with his or her education, training
1506-and experience. He or she must also be available to seek and accept
1507-work at any time and may not be engaged in any activity that would
1508-normally restrict his or her seeking or accepting employment in
1509-keeping with his education, training and experie nce.
1510-The fact that an individual is e nrolled in school shall not, in
1511-and of itself, render an individual ineligible for unemployment
1512-benefits. Such individual w ho is involuntarily unemployed and
1513-otherwise eligible for benefits and who offers to quit schoo l,
1514-adjust class hours or change shift s in order to secure employment
1515-shall be entitled to benefits.
1516-SECTION 14. AMENDATORY 40 O.S. 2021, Section 2-503, is
1517-amended to read as follows:
1518-Section 2-503. CLAIMS, NOTICES AND OBJECTIONS.
1519-A. Claims for benefits shall be made in accordance with all
1520-rules that the Oklahoma Employment Security Commission may
1521-prescribe.
1522-B. Promptly after an initial claim or an additional initial
1523-claim is filed, the Commission shall give notice of the claim to the
1524-last employer of the claimant for whom the claimant worked at least
1525-fifteen (15) working days. The required fifteen (15) working These
1526-days are not require d to be consecutive. Provided, that promptly
1527-after the Commission is notified of the cla imant’s separation from
1528-
1529-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 30 1
1530-2
1531-3
1532-4
1533-5
1534-6
1535-7
1536-8
1537-9
1538-10
1539-11
1540-12
1541-13
1542-14
1543-15
1544-16
1545-17
1546-18
1547-19
1548-20
1549-21
1550-22
1551-23
1552-24
1553-
1554-an employment obtained by a claimant during a continued claim
1555-series, the Commission shall give notice of the claim to the last
1556-separating employer. Notices to separa ting employers durin g a
1557-continued claim series will be given to t he last employer in the
1558-claim week without regard to length of emp loyment. Each notice
1559-shall contain an admonition that failure to respond to the notice
1560-could affect the employer’s tax rate.
1561-C. Promptly after the claim is paid for the fifth week of
1562-benefits the Commission shall give written notice of the claim to
1563-all other employers of the claimant during the claimant ’s base
1564-period. The notice will be given pursuant to Section 3-106 of this
1565-title by email unless the employer provides appr opriate notification
1566-that they opted out of this method of communication purs uant to
1567-Section 11 of this act.
1568-D. Notices Notice shall be deemed to have been given to the
1569-employer at the last-known address and by the da te of the postmark
1570-on the envelope in which the notice was sent. If the employer has
1571-elected to be notified by electro nic means according to proc edures
1572-set out in Oklahoma Employment Security Commission rules, not ice
1573-shall be deemed to be given when the Commission transmits the notice
1574-by electronic means or, if the employer has opted out of electronic
1575-communications, the notice has been sent by mail.
1576-E. Within ten (10) days after the date on the notice or the
1577-date of the postmark on the envel ope in which the noti ce was sent,
1578-
1579-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 31 1
1580-2
1581-3
1582-4
1583-5
1584-6
1585-7
1586-8
1587-9
1588-10
1589-11
1590-12
1591-13
1592-14
1593-15
1594-16
1595-17
1596-18
1597-19
1598-20
1599-21
1600-22
1601-23
1602-24
1603-
1604-whichever is later the notice is emailed, an employer may file with
1605-the Commission at the address prescribed in the notice written send
1606-by email all objections to the cla im setting forth spec ifically the
1607-facts which:
1608-1. Make the claimant in eligible for benefits under Sections 2-
1609-201 through 2-210 of this title;
1610-2. Disqualify the claimant from benefi ts under Sections 2-401
1611-through 2-417 and 2-419 of this title; or
1612-3. Relieve such employer from being charged for the benefits
1613-benefit wages of such claimant.
1614-F. An untimely employer objection to a claim for unemployment
1615-benefits made pursuant to subsect ion E of this section may be
1616-allowed for good cause sh own.
1617-SECTION 15. AMENDATORY 40 O.S. 2021, Section 2 -503.1, is
1618-amended to read as follows:
1619-Section 2-503.1 FILING OF EMPLOYER PROTEST A ND DOCUMENTS
1620-THROUGH EMPLOYER PORTAL.
1621-A. The procedure set out in this section for the filing of a
1622-statement of objection through the employer portal is an optional
1623-procedure for the em ployer. If the employer chooses not to utilize
1624-this procedure, the em ployer must file its protest in accordance
1625-with subsection E of Section 2 -503 of Title 40 of th e Oklahoma
1626-Statutes.
1627-
1628-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 32 1
1629-2
1630-3
1631-4
1632-5
1633-6
1634-7
1635-8
1636-9
1637-10
1638-11
1639-12
1640-13
1641-14
1642-15
1643-16
1644-17
1645-18
1646-19
1647-20
1648-21
1649-22
1650-23
1651-24
1652-
1653-B. An employer may file a statement of objections to the claim
1654-of a former employee at any time from the moment of di scharge or
1655-separation from employment of the employee until the expiration of
1656-the ten-day time period set out in subs ection E of Section 2-503 of
1657-Title 40 of the Oklahoma Statutes. The this title. Unless the
1658-employer has opted out of receiving electronic communications and
1659-filed their statement of objection through any method listed in
1660-Section 1-224 of this title, the statement of objecti on must be
1661-filed through the employer portal on the Oklahoma Employment
1662-Security Commission’s Internet website and must contain a statement
1663-of specific facts and documentation which:
1664-1. Disclose the name and Social Security number of the
1665-employee;
1666-2. Make the claimant ineligible for benefits under Sections 2 -
1667-201 through 2-210 of Title 40 of the Oklahoma Statutes this title;
1668-3. Disqualify the claimant for benefits under Sections 2 -401
1669-through 2-419 of Title 40 of the Oklahoma Sta tutes this title; or
1670-4. Relieve the employer from being charged for the benefits
1671-benefit wages of this claimant.
1672-C. B. Any timely statement of objection filed pursuant to this
1673-section within the time period and in the manner set out in
1674-subsection B of this sec tion shall be considered a valid protest to
1675-a claim for unemployment benefits filed by the former employee and
1676-the employer shall be consid ered an interested par ty to the claim.
1677-
1678-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 33 1
1679-2
1680-3
1681-4
1682-5
1683-6
1684-7
1685-8
1686-9
1687-10
1688-11
1689-12
1690-13
1691-14
1692-15
1693-16
1694-17
1695-18
1696-19
1697-20
1698-21
1699-22
1700-23
1701-24
1702-
1703-A statement of objection filed pursuant to this section outside the
1704-time period or in any manner other than as set out in subsection B A
1705-of this section shall not be co nsidered a valid prote st to a claim
1706-for unemployment of the former emp loyee, and the employer shall not
1707-be considered an interested party to the claim.
1708-SECTION 16. AMENDATORY 40 O.S . 2021, Section 2-605, is
1709-amended to read as follows:
1710-Section 2-605. NOTICE OF REFEREE DECISION.
1711-The parties shall be p romptly notified of such referee’s
1712-decision and shall be furnished with a copy of the decision ,
1713-including the findings and conclusions i n support thereof. The
1714-decision shall be prov ided to the party by the agency’s digital
1715-portal or email unless the party notifies the agency that they opted
1716-out from receiving notices by email pursuant to Section 11 of this
1717-act. Such decision shall be final unless, within ten (10) days
1718-after the date of mailing of notice thereof to the parties ’ last-
1719-known addresses, or, in the absence of such mailing, within ten (10)
1720-days after the delivery of such notice is deemed given, further
1721-review before the Board of Review is initiated pursuant to Section
1722-2-606 of this title.
1723-SECTION 17. AMENDATORY 40 O.S. 2021, Section 2-606, is
1724-amended to read as follows:
1725-Section 2-606. APPEALS FROM TRIBUNAL REFEREE DEC ISIONS TO BOARD
1726-OF REVIEW.
1727-
1728-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 34 1
1729-2
1730-3
1731-4
1732-5
1733-6
1734-7
1735-8
1736-9
1737-10
1738-11
1739-12
1740-13
1741-14
1742-15
1743-16
1744-17
1745-18
1746-19
1747-20
1748-21
1749-22
1750-23
1751-24
1752-
1753-The Board of Review shall review the record of an appeal filed
1754-by any of the parties entitled to notice on a determination of an
1755-appeal tribunal referee. An appeal to the Board of Review may be
1756-filed in any manner allowed by Sec tion 1-224 of this title. On
1757-appeal, the Board of Review may affirm, modify, revers e, or remand
1758-any decision of an appeal tribunal ref eree on the basis of evidence
1759-previously submitted, or on the basis of additional evidence
1760-received by an appeal tribunal referee on remand. The Board of
1761-Review shall promptly notify the parties of its de cision in writing,
1762-and the decision shall be final unless within thirty (30) days after
1763-the mailing of the decision to the parties’ last-known addresses
1764-notice is deemed given, a proceeding for judicial review is
1765-initiated pursuant to Section 2 -610 of this title.
1766-SECTION 18. AMENDATORY 40 O.S. 2021, Section 3-106, is
1767-amended to read as follows:
1768-Section 3-106. BENEFIT WAGES CHARGED AN D RELIEF THEREFROM.
1769-A. The Oklahoma Employment Security Commission shall give
1770-notice to each base pe riod employer of a claimant promptly after the
1771-claimant is has been issued his or her fifth week of benefits by the
1772-Commission or promptly after the Commission receives notice of the
1773-amounts paid as benefits by another state under a reciprocal
1774-arrangement. Notice shall be deemed given under this subsecti on
1775-when the Commission deposits the same with the United States Postal
1776-Service addressed to the employer at an address designated by the
1777-
1778-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 35 1
1779-2
1780-3
1781-4
1782-5
1783-6
1784-7
1785-8
1786-9
1787-10
1788-11
1789-12
1790-13
1791-14
1792-15
1793-16
1794-17
1795-18
1796-19
1797-20
1798-21
1799-22
1800-23
1801-24
1802-
1803-employer to receive the notice or at the employer’s last-known
1804-address. If the employer has elected to be notified by electronic
1805-means according to procedures set out in Oklahoma Employment
1806-Security Commission rules, notice shall be deemed to be given when
1807-the Commission transmits the notification by electronic means.
1808-Notice shall be presumed prima facie to have been giv en to the
1809-employer to whom addressed on the date stated in the written notice.
1810-This notice shall give th e name and Social Security number of the
1811-claimant, the date the claim was filed, and the amount of be nefit
1812-wages charged to the employer in each quarte r of the base period.
1813-B. Within twenty (20) days from the date stated upon on the
1814-notice provided for in subsection A of this section, the employer
1815-may file with the Commission written objections an objection to
1816-being charged with the benefit wages upon one or more of the grounds
1817-for objection as set forth in subsection G of this section. The
1818-employer’s written objection must set forth specifically:
1819-1. The date on which the employment was terminated;
1820-2. Full particulars as to the circumstances Specific details of
1821-the termination including the reason given by the individu al for
1822-voluntarily leaving the emplo yment, or the nature of the misconduct
1823-for which discharged, as the case may be discharge;
1824-3. Full particulars as to Specific details of the regular
1825-scheduled part-time or full-time employment of the employee
1826-
1827-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 36 1
1828-2
1829-3
1830-4
1831-5
1832-6
1833-7
1834-8
1835-9
1836-10
1837-11
1838-12
1839-13
1840-14
1841-15
1842-16
1843-17
1844-18
1845-19
1846-20
1847-21
1848-22
1849-23
1850-24
1851-
1852-including the starting date, and ending date if any, of the
1853-continuous period of such part-time or full-time employment; and
1854-4. Such other Other information as called for by the notice.
1855-C. Upon receipt of the employer ’s written objections objection,
1856-the Commission shall make a determination and notify the employer as
1857-to whether or not the employer is entitled to be relieved from the
1858-charging of benefit wages wage charges. The Commission shall
1859-promptly notify the emplo yer of that determination. Provided
1860-further Additionally, the twenty-day time period for filing written
1861-objections with the Commission an objection as provided for in
1862-subsection B of this section may be waived for good cause shown.
1863-D. Within twenty (20) days after the mailing issuing of the
1864-determination provided for in subsection C of this section, the
1865-employer may file with the Commission or its representative
1866-Assessment Board a written protest to the determination and request
1867-an oral hearing de novo to present evidence in support of its
1868-protest. The Commission or its representative Assessment Board
1869-shall, by written notice, advise the employer of the date of the
1870-hearing, which shall not be less than ten (10) days from the date of
1871-mailing of the written notice. At the discretion of the Commission,
1872-this hearing shall be conducted by the Commission or its
1873-representative appointed by the Commission for this purpose.
1874-Pursuant to Assessment Board. After the hearing, the Commission or
1875-its representative Assessment Board shall, as soon as practicable,
1876-
1877-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 37 1
1878-2
1879-3
1880-4
1881-5
1882-6
1883-7
1884-8
1885-9
1886-10
1887-11
1888-12
1889-13
1890-14
1891-15
1892-16
1893-17
1894-18
1895-19
1896-20
1897-21
1898-22
1899-23
1900-24
1901-
1902-make a written order setting forth its findings of fact and
1903-conclusions of law, and shall send it to the employer notify the
1904-employer of its findings.
1905-E. If any employer fails to file a written protest within t he
1906-period of twenty (20) days, as provided by subsection D of this
1907-section, then the determination shall be final, and no appeal shall
1908-thereafter be allowed does not file a timely appeal of the
1909-determination to the Assessment Board, t he determination shall be
1910-final.
1911-F. The employer or the Commission may appeal the Assessment
1912-Board’s order of the Commission or its representative to the
1913-district court by filing a petition for review with the district
1914-court clerk of that court within thirty (30) days after th e date the
1915-order was mailed issued to all parties. The mailing date shall be
1916-specifically stated in the order.
1917-G. The benefit wages charged to an employer for a given
1918-calendar year shall be the total of the benefit wages stated in t he
1919-notices given to the employer by the Commission. Provided, that an
1920-employer shall be relieved of a be nefit wage charge if the employer
1921-proves to the satisfaction of the Commission that the benefit wage
1922-charge includes wages paid by the employer to any employee or former
1923-employee, who:
1924-
1925-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 38 1
1926-2
1927-3
1928-4
1929-5
1930-6
1931-7
1932-8
1933-9
1934-10
1935-11
1936-12
1937-13
1938-14
1939-15
1940-16
1941-17
1942-18
1943-19
1944-20
1945-21
1946-22
1947-23
1948-24
1949-
1950-1. Left employment with that employer, or with his or her last
1951-employer, voluntarily Voluntarily left employment without good cause
1952-connected to the work;
1953-2. Was discharged from such employment for misconduct connected
1954-with his or her work;
1955-3. Was a regular scheduled employee of that the separating
1956-employer prior to the we ek the employee separated from other
1957-employment, and continued to work for the employer through the f ifth
1958-compensable week of unem ployment in his or her of the established
1959-benefit year;
1960-4. Was separated from his or her employment as a direct result
1961-of a major natural disaster, declared as such by the President
1962-pursuant to the Disaster Relief Act of 1974, P.L. 93-288, and such
1963-employee would have been entitled to disaster unemployment
1964-assistance if he or she had not received unemployment insurance
1965-benefits;
1966-5. Was discharged by an employer for unsatisfactory performance
1967-during an initial employment probat ionary period. As used in this
1968-paragraph, "probationary period" means a period of time set forth in
1969-an established probationary plan which applies to all employees or a
1970-specific group of employees and does not exceed ninety (90) calendar
1971-days from the first day a new employee begins work. The employee
1972-must be informed of the probationary period within the first seven
1973-
1974-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 39 1
1975-2
1976-3
1977-4
1978-5
1979-6
1980-7
1981-8
1982-9
1983-10
1984-11
1985-12
1986-13
1987-14
1988-15
1989-16
1990-17
1991-18
1992-19
1993-20
1994-21
1995-22
1996-23
1997-24
1998-
1999-(7) work days. There must be conclusiv e evidence to establish that
2000-the individual was separated due to unsatisfactory work performance;
2001-6. Left employment to attend training approved under the Trade
2002-Act of 1974 and is allowed unemployment benefits pursuant to Section
2003-2-416 of this title; or
2004-7. Was separated from employment for compelling family
2005-circumstances as defined in Section 2 -210 of this title.
2006-H. If an employer recall s an employee deemed unemployed as
2007-defined by the Employment Security Act of 1980 and the employee
2008-continues to be empl oyed or the employee voluntarily terminates
2009-employment or is discharged for misconduct within the ben efit year,
2010-the employer shall be ent itled to have the benefit wage charg ed
2011-against the employer’s experience rating for the employee reduced by
2012-the ratio of the number of weeks of remaining eligibility of the
2013-employee to the total number of weeks of entitl ement.
2014-I. An employer shall not be charged with benefit wages assessed
2015-a benefit wage charge of a laid-off employee if the employer lists
2016-as an objection in a statement filed in accordance with subsection B
2017-of this section that the employee collecting ben efits was hired to
2018-replace a United States service man or servicewoman called into
2019-active duty and laid-off upon the return to work by that serviceman
2020-or servicewoman. The Unemployment Compensation Fund shall be
2021-charged with the benefit wages of the laid -off employee.
2022-
2023-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 40 1
2024-2
2025-3
2026-4
2027-5
2028-6
2029-7
2030-8
2031-9
2032-10
2033-11
2034-12
2035-13
2036-14
2037-15
2038-16
2039-17
2040-18
2041-19
2042-20
2043-21
2044-22
2045-23
2046-24
2047-
2048-J. If the Commission receives a noti ce of amounts paid as
2049-benefits by another state under a reciprocal agreement, and the
2050-notice is received after three (3) years from the effective date of
2051-the underlying benefit claim, no benefit wage charge will be made
2052-against the employer identified in t he notice, or if a benefit wage
2053-charge is made based on such a notice, the employer will be relieved
2054-of the charge when the facts are brought to the attention of the
2055-Commission.
2056-K. An employer shall not be eligible to be relieved of a
2057-benefit wage charge under paragraphs 1 and 2 of subsection G of this
2058-section if the employer was sent a notice of benefit cla im, pursuant
2059-to Section 2-503 of this title, and failed to timely file protest to
2060-the benefit claim.
2061-SECTION 19. AMENDATORY 40 O.S. 2021, Section 3-115, is
2062-amended to read as follows:
2063-Section 3-115. APPEAL OF DETERMINATIONS.
2064-A. If a determinatio n is made by the Oklahoma Employment
2065-Security Commission on any aspect of an employer ’s account, and a
2066-method of appeal or protest of t he determination is not set out in
2067-the statute or rule under which the determ ination was made, the
2068-employer may appeal or protest the determination under the procedure
2069-set forth in subsection B of this sect ion.
2070-B. 1. All determinations affecting an emplo yer account must be
2071-made by the Commission in writing in a Notice of Determin ation and
2072-
2073-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 41 1
2074-2
2075-3
2076-4
2077-5
2078-6
2079-7
2080-8
2081-9
2082-10
2083-11
2084-12
2085-13
2086-14
2087-15
2088-16
2089-17
2090-18
2091-19
2092-20
2093-21
2094-22
2095-23
2096-24
2097-
2098-mailed to the employer at the empl oyer’s last-known address with the
2099-mailing date and appeal rights set out in the docu ment. If the
2100-employer has elected to be notified by electronic means according to
2101-procedures set out in Oklahoma Employment Se curity Commission rules,
2102-notice shall be deemed to be given when the Commission transmits the
2103-notification by electronic means.
2104-2. Within twenty (20) days after the mailing or tr ansmission of
2105-the Notice of Determination as provided for in paragraph 1 of t his
2106-subsection, the employer may file with t he Commission, or its
2107-representative, a written request for a review and redeterminat ion
2108-setting forth the employer ’s reasons therefor. If any employer
2109-fails to file a written request for review and redeterminat ion
2110-within twenty (20) days without good cau se, then the initial
2111-determination of the Commission shall be final, and no further
2112-appeal or protest shall be allowed.
2113-3. If a written request for review a nd redetermination is
2114-filed, the Commission shall provi de for a review and issue a Notice
2115-of Redetermination in the matter. The employer may appeal the
2116-redetermination by filing a wri tten protest appeal within twenty
2117-(20) days of the date of the mailing o f the Notice of
2118-Redetermination. If the employer fails to file a written protest
2119-appeal within twenty (20) days without good cause, the
2120-redetermination of the Commission shall be fina l and no further
2121-appeal or protest shall be allowed.
2122-
2123-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 42 1
2124-2
2125-3
2126-4
2127-5
2128-6
2129-7
2130-8
2131-9
2132-10
2133-11
2134-12
2135-13
2136-14
2137-15
2138-16
2139-17
2140-18
2141-19
2142-20
2143-21
2144-22
2145-23
2146-24
2147-
2148-4. Upon the timely filing of a written protest appeal, the
2149-Commission shall provide for an oral hearing de novo to allow the
2150-employer to present evidence in support of the protest appeal. The
2151-standard of review on appeal shall be de novo . The Commission or
2152-its representatives shall, by written notice, advise the employer of
2153-the date of the hearing, which shall no t be less than ten (10) days
2154-from the date of the mailing of the written notice. At the
2155-discretion of the Commission, this hearing shall be conducted by the
2156-Commission, or by a representative appointed by the Commissi on for
2157-this purpose. The appealing pa rty shall bear the initial burden of
2158-proof at the hearing.
2159-5. Pursuant to the hearing, the Commission or its
2160-representative shall, as soon a s practicable, make a written order
2161-setting forth its findings of fact and co nclusions of law, and shall
2162-mail it to the employer at the employer’s last-known address with
2163-the mailing date and appeal rights set out in the document.
2164-6. The employer or the C ommission may appeal t he order to the
2165-district court of the county in which t he employer has its principal
2166-place of business by filing a Petition for Review with the clerk of
2167-the court within thirty (30) da ys after the date the order was
2168-mailed to all parties. If the employer does not have a principal
2169-place of business in any coun ty in Oklahoma this state, then the
2170-Petition for Review shall be filed with the Oklahoma County District
2171-Court. All appeals shal l be governed by Part 4 of Article 3 of the
2172-
2173-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 43 1
2174-2
2175-3
2176-4
2177-5
2178-6
2179-7
2180-8
2181-9
2182-10
2183-11
2184-12
2185-13
2186-14
2187-15
2188-16
2189-17
2190-18
2191-19
2192-20
2193-21
2194-22
2195-23
2196-24
2197-
2198-Employment Security Act of 1 980. If the employer fails to file an
2199-appeal to the district cour t within the time allowed, the order
2200-shall be final and no further appeal shall be allowed.
2201-C. Untimely requests for review and redetermination pursuant to
2202-paragraph 2 of subsection B of th is section and written protests for
2203-appeals filed pursuant to para graph 3 of subsection B of this
2204-section may be allowed for good cause shown, if the request for good
2205-cause is filed in writing with the Commission within one (1) year o f
2206-the date of the dete rmination or redetermination that is the basis
2207-of the request for untimely filing.
2208-SECTION 20. AMENDATORY 40 O.S. 2021, Section 3-307, is
2209-amended to read as fo llows:
2210-Section 3-307. A. All remittance under Section 1-101 et seq.
2211-of this title shall be made payable to the Oklahoma Employment
2212-Security Commission at Oklahoma City, Oklahoma, b y automatic
2213-clearinghouse (ACH) debit/credit, financial institution, draft,
2214-check, cashier’s check, electronic fund transfer , credit card, money
2215-order or money, and the Commission shall issue its receipt, for cash
2216-or money payment, to the payor. No remitt ance other than cash shall
2217-be in final discharge of liability due the Comm ission unless and
2218-until it shall have been paid in cash. All monies col lected shall
2219-be deposited with the State Treasurer. There shall be assessed, in
2220-addition to any other penalti es provided for by law, an
2221-administrative service fee of Twenty -five Dollars ($25.00) on each
2222-
2223-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 44 1
2224-2
2225-3
2226-4
2227-5
2228-6
2229-7
2230-8
2231-9
2232-10
2233-11
2234-12
2235-13
2236-14
2237-15
2238-16
2239-17
2240-18
2241-19
2242-20
2243-21
2244-22
2245-23
2246-24
2247-
2248-check returned to the Commissi on or any agent thereof by reason of
2249-the refusal of the financial institution upon which such check was
2250-drawn to honor the same. Th ere shall be assessed, in addition to
2251-any other penalties provided for by law, an administrative service
2252-fee of Twenty-five Dollars ($25.00) on ea ch electronic fund transfer
2253-that fails due to insufficient funds in the payor ’s account.
2254-B. Upon the return o f any check by reason of the refusal of the
2255-financial institution upon which such check was drawn to honor the
2256-same, the Commission may file a bog us check complaint with the
2257-appropriate district attorney who shall refer the complaint to the
2258-Bogus Check Restitution Program established by Section 111 of Title
2259-22 of the Oklahoma St atutes. Funds collected through the program
2260-after collection of the fee authorized by Section 114 of Title 22 of
2261-the Oklahoma Statutes for deposit in the Bogus Check Restitution
2262-Program Fund in the county treasury shall be transmitted to the
2263-Commission and credited to the liability for which the returned
2264-check was drawn along with the administrative service fee provided
2265-by this section.
2266-C. The Commission shall promulgate the rules for the deadlines
2267-of payment of unemployment taxes and the method of payment.
2268-SECTION 21. AMENDATORY 40 O.S. 2021, Section 4-205, is
2269-amended to read as follows:
2270-Section 4-205. TEMPORARY MEMBERS. In the event of the
2271-disqualification of one member of the Board of Review from the
2272-
2273-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 45 1
2274-2
2275-3
2276-4
2277-5
2278-6
2279-7
2280-8
2281-9
2282-10
2283-11
2284-12
2285-13
2286-14
2287-15
2288-16
2289-17
2290-18
2291-19
2292-20
2293-21
2294-22
2295-23
2296-24
2297-
2298-hearing and determination of a claim for the benefits, the Govern or
2299-shall designate a fourth, temporary member to serve as an
2300-alternative member. In the event of the disqualification of two or
2301-more members of the Board of Review from the hearing and
2302-determination on a claim for benefits, the Governor shall designate
2303-by appointment temporary members to serve as alternate members,
2304-such. Such alternates to shall be paid traveling expenses incurred
2305-in the performance of their duties as provided in the State Travel
2306-Reimbursement Act. The Governor may at any time, after notice and
2307-hearing, remove any mem ber for cause.
2308-SECTION 22. AMENDATORY 40 O.S. 2021, Section 4 -508, is
2309-amended to read as follows:
2310-Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL -
2311-DISCLOSURE.
2312-A. Except as otherwise provided by law, information obtained
2313-from any employing unit or individual pursuant to the administrat ion
2314-of the Employment Security Act of 1980, any workforce system program
2315-administered or monitored by the Oklahoma Employmen t Security
2316-Commission, and determination s as to the benefit rights of an y
2317-individual shall be kept confidential and shall not be dis closed or
2318-be open to public inspection in any manner revealing the
2319-individual’s or employing unit’s identity. Any claimant , employer,
2320-or agent of either as auth orized in writing, shall be supplie d with
2321-information from the records of the Oklahoma Employme nt Security
2322-
2323-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 46 1
2324-2
2325-3
2326-4
2327-5
2328-6
2329-7
2330-8
2331-9
2332-10
2333-11
2334-12
2335-13
2336-14
2337-15
2338-16
2339-17
2340-18
2341-19
2342-20
2343-21
2344-22
2345-23
2346-24
2347-
2348-Commission, to the extent necessary for the proper presentation of
2349-the claim or complaint in any proceeding unde r the Employment
2350-Security Act of 1980 , with respect thereto.
2351-B. Upon receipt of written request by any employer who
2352-maintains a Supplemental Unemployment Benefit (SUB) Plan, the
2353-Commission or its designated representative may release to that
2354-employer information regarding weekly benefit amo unts paid its
2355-workers during a speci fied temporary layoff period, provided the
2356-Supplemental Unemployment Benefit (SUB) Plan requires benefit
2357-payment information before Supplemental Unemployment Benefits can be
2358-paid to the workers. Any information disclose d under this provision
2359-shall be utilized solely for the purpose outlined herein and shall
2360-be held strictly confidential by the employer.
2361-C. The provisions of this section shall not prevent the
2362-Commission from disclosing the following information and no
2363-liability whatsoever, civil or crimina l, shall attach to any member
2364-of the Commission or any emp loyee thereof for any error or omission
2365-in the disclosure of this information:
2366-1. The delivery to taxpayer or claimant a copy of any report or
2367-other paper filed by the taxpayer or claimant pursuant to the
2368-Employment Security Act of 1980;
2369-2. The disclosure of information t o any person for a purpose as
2370-authorized by the taxpayer or claimant pursuant to a waiver of
2371-
2372-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 47 1
2373-2
2374-3
2375-4
2376-5
2377-6
2378-7
2379-8
2380-9
2381-10
2382-11
2383-12
2384-13
2385-14
2386-15
2387-16
2388-17
2389-18
2390-19
2391-20
2392-21
2393-22
2394-23
2395-24
2396-
2397-confidentiality. The waiver shall be in writing and shall be
2398-notarized;
2399-3. The Oklahoma Department of Commerce may have access to data
2400-obtained pursuant to the E mployment Security Act of 1980 pursuant to
2401-rules promulgated by the Commission. The information obtained sh all
2402-be held confidential by the Department and any of its agents and
2403-shall not be disclosed or be open to public inspection. T he
2404-Oklahoma Department of Commerce, however, may release aggregated
2405-data, either by industry or county, provided that the aggrega tion
2406-meets disclosure requiremen ts of the Commission;
2407-4. The publication of statistics so classified as to prevent
2408-the identification of a particul ar report and the items thereof;
2409-5. The disclosing of information or evidence to the Attorney
2410-General or any district attorney when the i nformation or eviden ce is
2411-to be used by the officials or other parties to the proceedings to
2412-prosecute or defend alleg ations of violations of the Employment
2413-Security Act of 1980. The information disclosed to the Attorney
2414-General or any district attorney s hall be kept confide ntial by them
2415-and not be disclosed except when presented to a court in a
2416-prosecution of a violatio n of Section 1-101 et seq. of this title,
2417-and a violation by the Attorney General or district attorney by
2418-otherwise releasing the informat ion shall be a felon y;
2419-6. The furnishing, at the discretion of the Commission, of any
2420-information disclosed by the re cords or files to any official person
2421-
2422-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 48 1
2423-2
2424-3
2425-4
2426-5
2427-6
2428-7
2429-8
2430-9
2431-10
2432-11
2433-12
2434-13
2435-14
2436-15
2437-16
2438-17
2439-18
2440-19
2441-20
2442-21
2443-22
2444-23
2445-24
2446-
2447-or body of this state, any other state or of the United States who
2448-is concerned with the administra tion of assessment of any similar
2449-tax in this state, any other state or the United States;
2450-7. The furnishing of inform ation to other state agencies for
2451-the limited purpose of aiding in the collection of debts owed by
2452-individuals to the requesting agencie s or the Oklahoma Empl oyment
2453-Security Commission;
2454-8. The release of information to employees of the Oklahoma
2455-Department of Transportation required for use in federally mandated
2456-regional transportation planning, which is perform ed as a part of
2457-its official duties;
2458-9. The release of information to employees of the Oklahoma
2459-State Treasurer’s office required to verify or e valuate the
2460-effectiveness of the Oklahoma Small Business Linked Deposit Program
2461-on job creation;
2462-10. The release of information to employees of the Attorney
2463-General, the Department o f Labor, the Workers’ Compensation
2464-Commission and the Insurance Departm ent for use in investigation of
2465-workers’ compensation fraud;
2466-11. The release of information to employees of any Oklahoma
2467-state, Oklahoma county, Oklahoma municipal or Oklahoma tribal law
2468-enforcement agency for use in criminal inves tigations and the
2469-location of missing persons or fugitives from justice;
2470-
2471-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 49 1
2472-2
2473-3
2474-4
2475-5
2476-6
2477-7
2478-8
2479-9
2480-10
2481-11
2482-12
2483-13
2484-14
2485-15
2486-16
2487-17
2488-18
2489-19
2490-20
2491-21
2492-22
2493-23
2494-24
2495-
2496-12. The release of information to employees of the Center of
2497-International Trade, Oklahom a State University, required for the
2498-development of International Trade for employers doing business in
2499-the State of Oklahoma this state;
2500-13. The release of information to employees of the Oklahoma
2501-State Regents for Higher Educat ion required for use in the default
2502-prevention efforts and/or collection of defaulted student loans
2503-guaranteed by the Okl ahoma Guaranteed Student Loan Program. Any
2504-information disclosed under this provision shall be utilized solely
2505-for the purpose outline d herein and shall be held strictly
2506-confidential by the Oklahoma State R egents for Higher Education;
2507-14. The release of information to employees of the Oklahoma
2508-Department of Career and Technology Education, the Oklahoma State
2509-Regents for Higher Education , the Center for Economic and Management
2510-Research of the University of Oklahoma, the Center for Economic and
2511-Business Development at Southwestern Oklahoma Stat e University or a
2512-center of economic and business research or development at a
2513-comprehensive or regional higher education institution within The
2514-Oklahoma State System of Higher Education required to identify
2515-economic trends or educational outcomes . The information obtained
2516-shall be kept confidential by the Oklahoma Department of Career and
2517-Technology Education, the Oklahoma State Regents for Higher
2518-Education and the higher education institution and shall not be
2519-disclosed or be open to public inspection. T he Oklahoma Department
2520-
2521-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 50 1
2522-2
2523-3
2524-4
2525-5
2526-6
2527-7
2528-8
2529-9
2530-10
2531-11
2532-12
2533-13
2534-14
2535-15
2536-16
2537-17
2538-18
2539-19
2540-20
2541-21
2542-22
2543-23
2544-24
2545-
2546-of Career and Technology Education, the Oklahoma State Regents fo r
2547-Higher Education and the higher education institution may release
2548-aggregated data, provided that the aggregation meets disclosure
2549-requirements of the Commission;
2550-15. The release of information to employees of the Office of
2551-Management and Enterprise Serv ices required to identify economic
2552-trends. The information obtained shall be kep t confidential by the
2553-Office of Management and Enterpr ise Services and shall not be
2554-disclosed or be open to public inspection. The Office of Management
2555-and Enterprise Services may rel ease aggregate data, provided that
2556-the aggregation meets disclosure requ irements of the Oklahoma
2557-Employment Security Commission;
2558-16. The release of information to employees of the Department
2559-of Mental Health and Substance Abuse Services required to evaluate
2560-the effectiveness of mental health and substanc e abuse treatment and
2561-state or local programs utilized to divert persons fr om inpatient
2562-treatment. The infor mation obtained shall be kept confidential by
2563-the Department and shall not be disclosed or be ope n to public
2564-inspection. The Department of Mental Health and Substance A buse
2565-Services, however, may release aggregated data, either by treatment
2566-facility, program or larger aggregate units, provided that the
2567-aggregation meets disclosure requirements of the Oklahoma Employment
2568-Security Commission;
2569-
2570-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 51 1
2571-2
2572-3
2573-4
2574-5
2575-6
2576-7
2577-8
2578-9
2579-10
2580-11
2581-12
2582-13
2583-14
2584-15
2585-16
2586-17
2587-18
2588-19
2589-20
2590-21
2591-22
2592-23
2593-24
2594-
2595-17. The release of information to employees of the Attorney
2596-General, the Oklahoma State Bureau of Investigation and the
2597-Insurance Department for use in the investigation of insurance fraud
2598-and health care fraud;
2599-18. The release of information to employees of public housing
2600-agencies for purposes of determining eligibility pursuant to 42
2601-U.S.C., Section 503(i);
2602-19. The release of wage and benefit claim information, at the
2603-discretion of the Commission, to an agency of this state or its
2604-political subdivisions that o perate a program or activity designated
2605-as a required partner in the Wor kforce Innovation and Opportunity
2606-Act One-Stop delivery system pursuant to 29 U.S.C.A., Section
2607-3151(b)(1), based on a showing of need made to the Commission and
2608-after an agreement con cerning the release of information is entered
2609-into with the entity recei ving the information . For the limited
2610-purpose of completing performance accountability reports required by
2611-the Workforce Innovation a nd Opportunity Act, only those designated
2612-required partners that meet the 20 CFR Section 603.2(d) definition
2613-of public official may contract with a private age nt or contractor
2614-pursuant to 20 CFR Section 603.5(f) for the purpose of the private
2615-agent or contractor receiving confidential unemployment compens ation
2616-information to the extent necessary to complete the performance
2617-accountability reports ;
2618-
2619-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 52 1
2620-2
2621-3
2622-4
2623-5
2624-6
2625-7
2626-8
2627-9
2628-10
2629-11
2630-12
2631-13
2632-14
2633-15
2634-16
2635-17
2636-18
2637-19
2638-20
2639-21
2640-22
2641-23
2642-24
2643-
2644-20. The release of information to the State Wage Interchange
2645-System, at the discretion of the Commission;
2646-21. The release of information to the Bureau of the Ce nsus of
2647-the U.S. Department of Commerce, the Bureau of Labor Statistics of
2648-the U.S. Department of Labor, and its agents employed by the
2649-Oklahoma Department of Labor for the purpose of economic an d
2650-statistical research;
2651-22. The release of employer tax info rmation and benefit cl aim
2652-information to the Oklahoma Health Care Authority for use in
2653-determining eligibility for a pr ogram that will provide subsidies
2654-for health insurance premiums for qualifi ed employers, employees,
2655-self-employed persons and unemployed persons;
2656-23. The release of employer tax information and benefit claim
2657-information to the State Department of Rehabili tation Services for
2658-use in assessing results and outcomes of clients serve d;
2659-24. The release of information to any state or federal law
2660-enforcement authority when necessary in the investigation of any
2661-crime in which the Commission is a victim. Informatio n that is
2662-confidential under this section shall be held confidential by t he
2663-law enforcement authority unless and un til it is required for use in
2664-court in the prosecution of a defendant in a criminal prosecution;
2665-25. The release of information to vendors t hat contract with
2666-the Oklahoma Employment Security Commission to provide for the
2667-issuance of debit cards, to conduc t electronic fund tran sfers, to
2668-
2669-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 53 1
2670-2
2671-3
2672-4
2673-5
2674-6
2675-7
2676-8
2677-9
2678-10
2679-11
2680-12
2681-13
2682-14
2683-15
2684-16
2685-17
2686-18
2687-19
2688-20
2689-21
2690-22
2691-23
2692-24
2693-
2694-perform computer programming operations, or to perform computer
2695-maintenance or replacement operations; provid ed the vendor agrees to
2696-protect and safeguard the information it receive s and to destroy the
2697-information when no lo nger needed for the pu rposes set out in the
2698-contract;
2699-26. The release of information to employees of the Office of
2700-Juvenile Affairs for use in assessing results and outcomes of
2701-clients served as well as the effe ctiveness of state and local
2702-juvenile and justice programs includi ng prevention and treatment
2703-programs. The information obtained shall be kept confidential by
2704-the Office of Juvenile Af fairs and shall not be disclosed or be open
2705-to public inspection. The Office of Juvenile Affairs may release
2706-aggregated data for program s or larger aggregate units, provided
2707-that the aggregation meets disclosure requirements of the Oklahoma
2708-Employment Security Commission;
2709-27. The release of information to vendors that cont ract with
2710-the State of Oklahoma for the purpo se of providing a publ ic
2711-electronic labor exchange system that will support the Oklahoma
2712-Employment Security Commission ’s operation of an emp loyment service
2713-system to connect employers with job seekers and milit ary veterans.
2714-This labor exchange system wou ld enhance the stabili ty and security
2715-of Oklahoma’s economy as well as support the provision of veterans ’
2716-priority of service. The vendors m ay perform computer programming
2717-operations, perform computer maintenan ce or replacement operations,
2718-
2719-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 54 1
2720-2
2721-3
2722-4
2723-5
2724-6
2725-7
2726-8
2727-9
2728-10
2729-11
2730-12
2731-13
2732-14
2733-15
2734-16
2735-17
2736-18
2737-19
2738-20
2739-21
2740-22
2741-23
2742-24
2743-
2744-or host the electronic solution; prov ided, each vendor agrees to
2745-protect and safeguard all information received, that no information
2746-shall be disclosed to an y third party, that the use of the
2747-information shall be restricted to the scope of the contract, and
2748-that the vendor shall properly disp ose of all information when no
2749-longer needed for the purposes set out in the contract; or
2750-28. The release of employer tax information and benefit claim
2751-information to employees of a county public defender’s office in the
2752-State of Oklahoma this state and the Oklahoma Indigent Defense
2753-System for the purpose of determining financial eligibility for the
2754-services provided by such entitie s.
2755-D. Subpoenas to compel disclosure of information made
2756-confidential by this statute shall not be valid, except fo r
2757-administrative subpoenas issue d by federal, state, or local
2758-governmental agencies that have been granted subpoena power by
2759-statute or ordinance. Confidential information maintained by the
2760-Commission can be obtained by order of a court of record that
2761-authorizes the release of the recor ds in writing. All
2762-administrative subpoenas or court orders for production of documents
2763-must provide a minimum of twenty (20) days from the date it is
2764-served for the Commission to produce the documents. If the date on
2765-which production of the documents is required is less than twenty
2766-(20) days from the date of service, the subpoena or order shall be
2767-considered void on its face as an undue burden or hardship on the
2768-
2769-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 55 1
2770-2
2771-3
2772-4
2773-5
2774-6
2775-7
2776-8
2777-9
2778-10
2779-11
2780-12
2781-13
2782-14
2783-15
2784-16
2785-17
2786-18
2787-19
2788-20
2789-21
2790-22
2791-23
2792-24
2793-
2794-Commission. All administrative subpoenas, court orders or no tarized
2795-waivers of confidentiali ty authorized by paragraph 2 of subsection C
2796-of this section shall be presented with a request for records within
2797-ninety (90) days of the date the document is issued or signed, and
2798-the document can only be used one time to o btain records.
2799-E. Should any of the disclosures provided for in this section
2800-require more than casual or incidental staff time, the Commi ssion
2801-shall charge the cost of the staff time to the party requesting the
2802-information.
2803-F. It is further provided that the provisions of this section
2804-shall be strictly interpreted and shall not be construed as
2805-permitting the disclosure of any other inform ation contained in the
2806-records and files of the Commission.
2807-SECTION 23. REPEALER 40 O.S. 2021, Sections 1-202, 1-
2808-202.2, 1-203, 1-204, 1-205, 1-206, 1-207, 1-211, 1-212, 1-213, 1-
2809-215, 1-216, 1-219, 1-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-
2810-711, 2-713, and 3-118, are hereby repealed.
2811-SECTION 24. This act shall become effective November 1, 202 2."
2812-
2813-
2814-ENGR. H. A. to ENGR. S. B. NO. 1800 Page 56 1
2815-2
2816-3
2817-4
2818-5
2819-6
2820-7
2821-8
2822-9
2823-10
2824-11
2825-12
2826-13
2827-14
2828-15
2829-16
2830-17
2831-18
2832-19
2833-20
2834-21
2835-22
2836-23
2837-24
2838-
2839-Passed the House of Representati ves the 27th day of April, 2022.
2840-
2841-
2842-
2843-
2844-
2845-Presiding Officer of the House of
2846- Representatives
2847-
2848-
2849-Passed the Senate the ____ day of _______ ___, 2022.
2850-
2851-
2852-
2853-
2854-
2855-Presiding Officer of the Senate
2856-
2857-
2858-ENGR. S. B. NO. 1800 Page 1 1
2859-2
2860-3
2861-4
2862-5
2863-6
2864-7
2865-8
2866-9
2867-10
2868-11
2869-12
2870-13
2871-14
2872-15
2873-16
2874-17
2875-18
2876-19
2877-20
2878-21
2879-22
2880-23
2881-24
2882-
2883-ENGROSSED SENATE
2884-BILL NO. 1800 By: Leewright of the Senate
2885-
2886- and
2887-
2888- McDugle of the House
2889-
2890-
2891-
2892-
2893-An Act relating to the Employment Security Act of
2894-1980; amending 40 O.S. 2021, Section 1-201, which
2895-relates to definitions; defining terms; amending 40
2896-O.S. 2021, Section 1-202.1, which relates t o extended
2897-base period; removing definitio n; amending 40 O.S.
2898-2021, Section 1-209, which relates to employing unit;
2899-removing definition; amending 40 O.S. 2021, Section
2900-1-209.1, which relates to lessor emp loying unit;
2901-removing definitions; updating statutory reference;
2902-amending 40 O.S. 2021, Sectio n 1-209.2, which relates
2903-to professional employer organization; removing
2904-definitions; amending 40 O.S. 2021, Sec tion 1-217,
2905-which relates to unemployed individual s; removing
2906-definition; providing conditions of unemployment;
2907-specifying conditions for filing during a continued
2908-claim series; providing for investigating e ven when
2909-individual satisfies threshold requirements; making
2910-language gender neutral; amending 40 O.S. 2021,
2911-Section 1-223, which relates to taxable w ages;
2912-removing definition; updating statutory language;
2913-amending 40 O.S. 2021, Section 1-224, which relates
2914-to filing; removing definitions related to
2915-telefaxing; modifying requirements for mailing;
2916-updating definitions to include digital filing
2917-through the Oklahoma Employment Security Commission’s
2918-portal; amending 40 O.S. 2021, Section 1-225, which
2919-relates to supplemental unemployment benefit plan ;
2920-removing definition; amending 40 O.S 2021, Section 1-
2921-228, which relates to limited liability companies;
2922-removing definition; specifying methods of notice by
2923-the Commission; providing Commission’s preferred
2924-method; allowing for opt-out of delivery; amending 40
2925-O.S. 2021, Section 2-203, which relates to claims;
2926-removing provision for Commission to inform claimants
2927-filing for unemployment benefits and require
2928-certification statement during process; amending 40
2929-O.S. 2021, Section 2-503, which relates to claims,
2930-
2931-ENGR. S. B. NO. 1800 Page 2 1
2932-2
2933-3
2934-4
2935-5
2936-6
2937-7
2938-8
2939-9
2940-10
2941-11
2942-12
2943-13
2944-14
2945-15
2946-16
2947-17
2948-18
2949-19
2950-20
2951-21
2952-22
2953-23
2954-24
2955-
2956-notices, and objections; providing for electronic
2957-notice; allowing for opt-out of certain method ;
2958-removing provisions for notice by mail; amending 40
2959-O.S. 2021, Section 2-503.1, which relates to filing
2960-of employer protest; removing optional use of portal;
2961-allowing for opt-out of certain method; updating
2962-statutory language; amending 40 O.S. 2021, Section 2 -
2963-605, which relates to notice of decision; providing
2964-for notice by electronic means; allowing for op t-out
2965-of certain method; removing criteria for mail notice;
2966-amending 40 O.S. 2021, Section 2 -606, which relates
2967-to appeals; removing provision for notice by mail;
2968-amending 40 O.S. 2021, Section 3-106, which relates
2969-to benefit wages cha rged; removing conditions for
2970-mail and electronic notice; adding reference for
2971-filings and hearings by the Assessment Board;
2972-removing provision for written protest; updating
2973-statutory language; amending 40 O.S. 2021, Section 3 -
2974-115, which relates to appeal o f determination;
2975-updating statutory language; providing standard of
2976-review; amending 40 O.S. 2021, Section 3 -307, which
2977-relates to remittances; providing for Commission to
2978-promulgate rules for payment of unemployment taxes ;
2979-amending 40 O.S. 2021, Secti on 4-205, which relates
2980-to temporary members; providing for appointment of an
2981-additional temporary member by the Governor in the
2982-event of disqualification of a member of the Board of
2983-Review; updating statutory language; amending 40 O.S.
2984-2021, Section 4-508, which relates to information to
2985-be kept confidential; updating statutory language;
2986-permitting disclosure of information to additional
2987-agencies by Commission; repealing 40 O.S. 2021,
2988-Sections 1-202, 1-202.2, 1-203, 1-204, 1-205, 1-206,
2989-1-207, 1-211, 1-212, 1-213, 1-215, 1-216, 1-219, 1-
2990-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-711, 2-
2991-713, and 3-118, which relate to the Employment
2992-Security Act of 1980; providing for codification; and
2993-providing an effective date.
2994-
2995-
2996-
2997-
2998-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
2999-SECTION 24. AMENDATORY 40 O.S. 2021, Section 1-201, is
3000-amended to read as follows:
3001-
3002-ENGR. S. B. NO. 1800 Page 3 1
3003-2
3004-3
3005-4
3006-5
3007-6
3008-7
3009-8
3010-9
3011-10
3012-11
3013-12
3014-13
3015-14
3016-15
3017-16
3018-17
3019-18
3020-19
3021-20
3022-21
3023-22
3024-23
3025-24
3026-
3027180 Section 1-201. GENERAL DEFINITIONS. The words and phrase s As
3028181 used in this act shall, unless the context cl early requires
3029182 otherwise, have the meanings prescribed in Part 2 of this Ar ticle
3030183 the Employment Security Act of 1980:
3031184 1. “Additional initial claim” means a claim application which
3032185 reactivates a claim during an existing benefit year and certifies to
3033186 a period of employment which occurred subsequent to the date of the
3034187 filing of the last initial, additional , or reopened claim;
3035188 2. “Alternative base period” means the most recent four (4)
3036189 completed calendar quart ers immediately preceding the first day of
3037190 an individual’s benefit year. In the event that an individual ’s
3038191 claim uses an alternative base period to meet the wage requirement
3039192 under Section 2-207 of this title, this alternative base period
3040193 shall be substituted for base period for all other purposes un der
3041194 the Employment Security Act of 1980;
3042195 3. “Assigned tax rate” means the tax rate assigned to an
3043196 employer pursuant to Section 3-110.1 of this title when the employer
3044197 does not have sufficient experience history to meet the At-Risk Rule
3045198 set out in paragraph 3 of Section 3-110.1 of this title;
199+
200+SB1800 HFLR Page 4
201+BOLD FACE denotes Committee Amendments. 1
202+2
203+3
204+4
205+5
206+6
207+7
208+8
209+9
210+10
211+11
212+12
213+13
214+14
215+15
216+16
217+17
218+18
219+19
220+20
221+21
222+22
223+23
224+24
225+
3046226 4. “Base period” means the first four (4) of the last five (5)
3047227 completed calendar quarters immediately preceding the first day o f
3048228 an individual’s benefit year;
3049229 5. “Benefit year” with respect to any individual means the one-
3050230 year period beginning with the first day of the first week with
3051-
3052-ENGR. S. B. NO. 1800 Page 4 1
3053-2
3054-3
3055-4
3056-5
3057-6
3058-7
3059-8
3060-9
3061-10
3062-11
3063-12
3064-13
3065-14
3066-15
3067-16
3068-17
3069-18
3070-19
3071-20
3072-21
3073-22
3074-23
3075-24
3076-
3077231 respect to which the individual fi rst files a valid claim for
3078232 benefits and thereafter the one -year period beginning with the first
3079233 day of the first week with respect to which the indi vidual next
3080234 files a valid claim for benefits after the termination of his or her
3081235 last preceding benefit yea r. Any claim for benefits shall be deemed
3082236 a valid claim for the purpose of this section if the indivi dual has
3083237 been paid the wages for insured work requ ired under the Employment
3084238 Security Act of 1980;
3085239 6. “Benefit wages” means the taxable wages earned by a claimant
3086240 during the claimant’s base period which are not in ex cess of the
3087241 current maximum weekly benef it amount, as determined under Section
3088242 2-104 of this title, multiplied by the maximum number of weeks for
3089243 which benefits could be paid to any individual ( now twenty-six (26)
3090244 weeks) multiplied by three (3); provided, however, no wages shall be
3091245 included as benefit wages unless and until the claimant has b een
3092246 paid benefits for five (5) weeks in one (1) benefit year ;
3093247 7. “Benefits” mean the money payments pay able to an individual
3094248 as provided in the Employment Security Act of 1980 with respect to
3095249 his or her unemployment including extended benefits. The federal
250+
251+SB1800 HFLR Page 5
252+BOLD FACE denotes Committee Amendments. 1
253+2
254+3
255+4
256+5
257+6
258+7
259+8
260+9
261+10
262+11
263+12
264+13
265+14
266+15
267+16
268+17
269+18
270+19
271+20
272+21
273+22
274+23
275+24
276+
3096277 share of such extended benefits shall not be construed as benefits
3097278 for the purposes of computing cont ribution rates under the
3098279 Employment Security Act of 1980;
3099280 8. “Calendar quarter” means the period of three (3) consecutive
3100281 calendar months ending on Mar ch 31, June 30, September 30, or
3101-
3102-ENGR. S. B. NO. 1800 Page 5 1
3103-2
3104-3
3105-4
3106-5
3107-6
3108-7
3109-8
3110-9
3111-10
3112-11
3113-12
3114-13
3115-14
3116-15
3117-16
3118-17
3119-18
3120-19
3121-20
3122-21
3123-22
3124-23
3125-24
3126-
3127282 December 31, or the equivalent thereof as the Commission may by
3128283 regulation prescribe;
3129284 9. “Client” shall have the same meaning as provi ded in
3130285 paragraph 1 of Section 600.2 of this title;
3131286 10. “Coemployer” shall have the same meaning as provided in
3132287 paragraph 2 of Section 600.2 of this title;
3133288 11. “Coemployment relationship” shall have the same meaning as
3134289 provided in paragraph 3 of Section 600.2 of this title;
3135290 12. “Commission” means the Oklahoma Employment Security
3136291 Commission;
3137292 13. “Commissioner” means a member of the Commission;
3138293 14. “Continued claim series” means an uninterrupted series of
3139294 weekly claims filed by a claimant during the benef it year;
3140295 15. “Contributions” mean the money payments including taxes and
3141296 reimbursements, required by the Employment Security Act of 1980 to
3142297 be paid into the Unemp loyment Compensation Fund by an employer;
3143298 16. “Covered employee” shall have the same meaning as provided
3144299 in paragraph 5 of Section 600.2 of this title;
300+
301+SB1800 HFLR Page 6
302+BOLD FACE denotes Committee Amendments. 1
303+2
304+3
305+4
306+5
307+6
308+7
309+8
310+9
311+10
312+11
313+12
314+13
315+14
316+15
317+16
318+17
319+18
320+19
321+20
322+21
323+22
324+23
325+24
326+
3145327 17. “Digital portal filing” means electronic communication
3146328 through the agency digital porta l;
3147329 18. “Earned tax rate” means the tax rate calculated for an
3148330 employer with sufficient experience histo ry to meet the At-Risk Rule
3149331 set out in paragraph 3 of Section 3-110.1 of this title, with the
3150-
3151-ENGR. S. B. NO. 1800 Page 6 1
3152-2
3153-3
3154-4
3155-5
3156-6
3157-7
3158-8
3159-9
3160-10
3161-11
3162-12
3163-13
3164-14
3165-15
3166-16
3167-17
3168-18
3169-19
3170-20
3171-21
3172-22
3173-23
3174-24
3175-
3176332 tax rate calculated pursuant to the provisions of Section 3-101 et
3177333 seq. of this title;
3178334 19. “Electronic e-filing” means filing by email or fax to
3179335 email;
3180336 20. “Eligibility period” of an individual for extended benefits
3181337 means the period consisting of the weeks in his or her benefit year
3182338 as defined by the Employment Security Act of 1980, which begin in an
3183339 extended benefit period and, if his or her benefit year ends wi thin
3184340 such extended benefit period, any weeks thereafter which begin in
3185341 such extended benefit period;
3186342 21. “Employer” shall have the same meaning as provided in
3187343 Section 1-208 of this title;
3188344 22. “Employing unit” means any individual or type of
3189345 organization including any partnership, association , trust, estate,
3190346 joint stock company, insurance co mpany, limited liability company or
3191347 corporation, whether domestic or foreig n, or the receiver, trustee
3192348 in bankruptcy, trustee or successor thereof, or the legal
3193349 representative of a deceased person, which ha s or subsequent to
350+
351+SB1800 HFLR Page 7
352+BOLD FACE denotes Committee Amendments. 1
353+2
354+3
355+4
356+5
357+6
358+7
359+8
360+9
361+10
362+11
363+12
364+13
365+14
366+15
367+16
368+17
369+18
370+19
371+20
372+21
373+22
374+23
375+24
376+
3194377 January 1, 1936, had in its emp loy one or more individuals
3195378 performing services for it within this state ;
3196379 23. “Employment” shall have the same meaning as provided in
3197380 Section 1-210 of this title;
3198381 24. “Employment office” means a free public employment office
3199382 or branch thereof operated by this or any other state as a part of a
3200-
3201-ENGR. S. B. NO. 1800 Page 7 1
3202-2
3203-3
3204-4
3205-5
3206-6
3207-7
3208-8
3209-9
3210-10
3211-11
3212-12
3213-13
3214-14
3215-15
3216-16
3217-17
3218-18
3219-19
3220-20
3221-21
3222-22
3223-23
3224-24
3225-
3226383 state-controlled system of publi c employment offices or by a fed eral
3227384 agency charged with the administration of an unemployment
3228385 compensation program or free public emp loyment offices;
3229386 25. “Employment Security Adminis tration Fund” means the fund
3230387 established in Section 4-602 of this title fro m which administration
3231388 expenses under the Employment Security Act of 1980 shall be paid;
3232389 26. “Exhaustee” shall have the same meaning as provided in
3233390 Section 2-712 of this title;
3234391 27. “Experience period” means the most recent twelve (12)
3235392 consecutive completed calendar quarters occurrin g before July 1 of
3236393 the year immediately preceding the year for w hich the employer’s
3237394 contribution rate is being calculated;
3238395 28. “Extended base period” means the four (4) quarters prior to
3239396 the claimant’s base period. These four (4) quarters may be
3240397 substituted for base period quarters on a quarter-by-quarter basis
3241398 to establish a valid claim regardless of wh ether the wages have bee n
3242399 used to establish a prio r claim, except any wages earned that would
400+
401+SB1800 HFLR Page 8
402+BOLD FACE denotes Committee Amendments. 1
403+2
404+3
405+4
406+5
407+6
408+7
409+8
410+9
411+10
412+11
413+12
414+13
415+14
416+15
417+16
418+17
419+18
420+19
421+20
422+21
423+22
424+23
425+24
426+
3243427 render the Commission out of compliance with applicable federal law
3244428 shall be excluded if used in a prior claim;
3245429 29. “Extended benefit period” shall have the same meaning as
3246430 provided in Section 2-703 of this title;
3247431 30. “File”, “files”, or “filed” shall have the same meaning as
3248432 provided in Section 1-224 of this title;
3249-
3250-ENGR. S. B. NO. 1800 Page 8 1
3251-2
3252-3
3253-4
3254-5
3255-6
3256-7
3257-8
3258-9
3259-10
3260-11
3261-12
3262-13
3263-14
3264-15
3265-16
3266-17
3267-18
3268-19
3269-20
3270-21
3271-22
3272-23
3273-24
3274-
3275433 31. “Foreign limited liability company” shall be defined by the
3276434 provisions of the Oklahoma Limited Liabilit y Company Act;
3277435 32. “Fund” means the Unemployment Compensation Fund established
3278436 in Section 3-601 of this title;
3279437 33. “Hospital” means any hospital required to be licensed under
3280438 the Oklahoma Public Health Code, Section 1-101 et seq. of Title 63
3281439 of the Oklahoma Statutes, and includes s tate mental hospitals and
3282440 any other mental hospital or institution;
3283441 34. “Initial claim” means a new claim application submitted by
3284442 a claimant to establish a benefit year f or unemployment insurance
3285443 benefits;
3286444 35. “Institution of higher education” shall have the same
3287445 meaning as provided in Section 1-214 of this title;
3288446 36. “Insured work” means employment for employers as defined by
3289447 the Employment Security Act of 1980;
3290448 37. “Lessor employing unit” means any independently establish ed
3291449 business entity which enga ges in the business o f providing leased
3292450 employees to any other employer, individual, organization,
451+
452+SB1800 HFLR Page 9
453+BOLD FACE denotes Committee Amendments. 1
454+2
455+3
456+4
457+5
458+6
459+7
460+8
461+9
462+10
463+11
464+12
465+13
466+14
467+15
468+16
469+17
470+18
471+19
472+20
473+21
474+22
475+23
476+24
477+
3293478 partnership, corporation, or other legal entity, refe rred to herein
3294479 as a client lessee;
3295480 38. “Limited liability company ” shall be defined by the
3296481 provisions of the Oklahoma Limite d Liability Company Act;
3297482 39. “Mail”, “mails”, “mailed”, or “mailing” means communication
3298483 sent by a postal service with sufficient postage;
3299-
3300-ENGR. S. B. NO. 1800 Page 9 1
3301-2
3302-3
3303-4
3304-5
3305-6
3306-7
3307-8
3308-9
3309-10
3310-11
3311-12
3312-13
3313-14
3314-15
3315-16
3316-17
3317-18
3318-19
3319-20
3320-21
3321-22
3322-23
3323-24
3324-
3325484 40. “Probationary period” means a period of time set fo rth in
3326485 an established probationary plan, which app lies to all employee s or
3327486 a specific group of employees, and does not ex ceed ninety (90)
3328487 calendar days from the first day a new employee begins work;
3329488 41. “Professional Employer Organization” or “PEO” means an
3330489 organization that is subject to the Oklahoma Professional Employer
3331490 Organization Recognition and Registration Act and whi ch meets the
3332491 definition set out in paragraph 9 of Section 600.2 of this title;
3333492 42. “Rate of insured employment” shall have the same meaning as
3334493 provided in Section 2-708 of this title;
3335494 43. “Regular benefits” means benefits payable to an individual
3336495 under the Employment Security Act of 1980, or under any other state
3337496 law including dependents’ allowances and benefits payable to federal
3338497 civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter
3339498 85, other than extended benefits ;
3340499 44. “Reopened claim” means a claim application which
3341500 reactivates a claim during an existing benefit year when a claima nt
3342501 stopped filing for benefits before hi s or her claim was exhausted,
502+
503+SB1800 HFLR Page 10
504+BOLD FACE denotes Committee Amendments. 1
505+2
506+3
507+4
508+5
509+6
510+7
511+8
512+9
513+10
514+11
515+12
516+13
517+14
518+15
519+16
520+17
521+18
522+19
523+20
524+21
525+22
526+23
527+24
528+
3343529 but in which there occurred no intervening emplo yment from the date
3344530 of the filing of the last initial, additional, or reopened claim;
3345531 45. “State” includes, in addition to the state of t he United
3346532 States of America, the District of Columbia, the Commonwealth of
3347533 Puerto Rico, and the Virgin Islands;
3348-
3349-ENGR. S. B. NO. 1800 Page 10 1
3350-2
3351-3
3352-4
3353-5
3354-6
3355-7
3356-8
3357-9
3358-10
3359-11
3360-12
3361-13
3362-14
3363-15
3364-16
3365-17
3366-18
3367-19
3368-20
3369-21
3370-22
3371-23
3372-24
3373-
3374534 46. “State law” means the unemployment insurance law of any
3375535 state, approved by the Secretary of Labor of the United States under
3376536 Section 3304 of the Internal Revenue Code of 1954;
3377537 47. “Supplemental unemployment benefit plan ” means a plan that
3378538 provides for an employer to make payments to its employees d uring a
3379539 permanent or tempora ry layoff that will supplement unemployment
3380540 benefits received by th e employees. The purpose of a supplementa l
3381541 unemployment benefit plan is to allow an employer to sustain the
3382542 purchasing power of its employees or former employee s during a
3383543 layoff;
3384544 48. “Taxable wages” means the wages paid to an individual with
3385545 respect to employment during a calendar year for servi ces covered by
3386546 the Employment Security Ac t of 1980 or other state unemploymen t
3387547 compensation acts which shall equal the applicable percentage of the
3388548 state’s average annual wage for the second preceding calendar year
3389549 as determined by the Commission, rounded to the nearest multiple of
3390550 One Hundred Dollars ($100.00);
3391551 49. “Wages” shall have the same meaning as provided in Secti on
3392552 1-218 of this title;
553+
554+SB1800 HFLR Page 11
555+BOLD FACE denotes Committee Amendments. 1
556+2
557+3
558+4
559+5
560+6
561+7
562+8
563+9
564+10
565+11
566+12
567+13
568+14
569+15
570+16
571+17
572+18
573+19
574+20
575+21
576+22
577+23
578+24
579+
3393580 50. “Wages paid” means wages actually paid to the worker;
3394581 provided, however, that in the event of any distributi on of an
3395582 employer’s assets through insolvency, receivership, composition,
3396583 assignment for the benefit of creditors, or t ermination of business,
3397584 wages earned but not actually paid shall be considered as paid ; and
3398-
3399-ENGR. S. B. NO. 1800 Page 11 1
3400-2
3401-3
3402-4
3403-5
3404-6
3405-7
3406-8
3407-9
3408-10
3409-11
3410-12
3411-13
3412-14
3413-15
3414-16
3415-17
3416-18
3417-19
3418-20
3419-21
3420-22
3421-23
3422-24
3423-
3424585 51. “Week” means such period of seven (7) consecutive days, as
3425586 the Commission may by regulation prescribe.
3426-SECTION 25. AMENDATORY 40 O.S. 2021, Section 1-202.1, is
587+SECTION 2. AMENDATORY 40 O.S. 2021, Section 1-202.1, is
3427588 amended to read as follows:
3428589 Section 1-202.1. EXTENDED BASE PERIOD. If an individual lacks
3429590 sufficient base period wages because of a job -related injury for
3430591 which the individual received to tal temporary disability payments
3431592 awarded by the Workers’ Compensation Court, upon written application
3432593 by the claimant, an extended base period will be substituted for the
3433594 current base period on a quarter -by-quarter basis as needed to
3434595 establish a valid cla im. “Extended base period ” means the four
3435596 quarters prior to the claim ant’s base period. These four quarters
3436597 may be substituted for base period quarters on a quarter-by-quarter
3437598 basis to establish a valid claim regardless of whether the wages
3438599 have been used to establish a prior claim, except any w ages earned
3439600 that would render the Commission out of compliance with applicable
3440601 federal law will be excluded if used in a prior claim. Benefits
3441602 paid on the basis of an extended base period, which would not
3442603 otherwise be payable, shall be noncharged .
3443-SECTION 26. AMENDATORY 40 O.S. 2021, Section 1-209, is
604+
605+SB1800 HFLR Page 12
606+BOLD FACE denotes Committee Amendments. 1
607+2
608+3
609+4
610+5
611+6
612+7
613+8
614+9
615+10
616+11
617+12
618+13
619+14
620+15
621+16
622+17
623+18
624+19
625+20
626+21
627+22
628+23
629+24
630+
631+SECTION 3. AMENDATORY 40 O.S. 2021, Section 1-209, is
3444632 amended to read as fo llows:
3445633 Section 1-209. EMPLOYING UNIT. “Employing unit” means any
3446634 individual or type of organization, including any pa rtnership,
3447635 association, trust, estate, joint stock company, insurance co mpany,
3448-
3449-ENGR. S. B. NO. 1800 Page 12 1
3450-2
3451-3
3452-4
3453-5
3454-6
3455-7
3456-8
3457-9
3458-10
3459-11
3460-12
3461-13
3462-14
3463-15
3464-16
3465-17
3466-18
3467-19
3468-20
3469-21
3470-22
3471-23
3472-24
3473-
3474636 limited liability company or corporation, whether dom estic or
3475637 foreign, or the receiver, trustee in ban kruptcy, trustee or
3476638 successor thereof, or the legal representative of a dec eased person,
3477639 which has or subsequent to Jan uary 1, 1936, had in its emp loy one or
3478640 more individuals performing services for it withi n this state.
3479641 All individuals performing services within this state for any
3480642 employing unit which maintains two or more separ ate establishments
3481643 within this state shall b e deemed to be employed by a single
3482644 employing unit for all the purposes of the Employmen t Security Act
3483645 of 1980, except as provided under paragraphs 10 and 11 o f Section 1-
3484646 208 of this title.
3485647 Whenever any employing unit contracts with or has under it any
3486648 contractor or subcontractor for any employment, which is part of its
3487649 usual trade, occupatio n, profession, or business, unless the
3488650 employing unit as well as each s uch contractor or subcontractor is
3489651 an employer by reason of Section 1-208 or Section 3-203 of this
3490652 title, the employing unit shall for all the purposes of the
3491653 Employment Security Act of 1980 be deemed to employ each individual
3492654 in the employ of each such co ntractor or subcontractor for each day
655+
656+SB1800 HFLR Page 13
657+BOLD FACE denotes Committee Amendments. 1
658+2
659+3
660+4
661+5
662+6
663+7
664+8
665+9
666+10
667+11
668+12
669+13
670+14
671+15
672+16
673+17
674+18
675+19
676+20
677+21
678+22
679+23
680+24
681+
3493682 during which such individual is engaged in performing such
3494683 employment; except that eac h such contractor or subcontractor who is
3495684 an employer by reason of Section 1-208 or Section 3-203 of this
3496685 title shall alone be liab le for the contributions measured by wages
3497686 paid to individuals employed by the contractor or subc ontractor, and
3498-
3499-ENGR. S. B. NO. 1800 Page 13 1
3500-2
3501-3
3502-4
3503-5
3504-6
3505-7
3506-8
3507-9
3508-10
3509-11
3510-12
3511-13
3512-14
3513-15
3514-16
3515-17
3516-18
3517-19
3518-20
3519-21
3520-22
3521-23
3522-24
3523-
3524687 except that any employing unit which shall become liable for and pay
3525688 contributions with respect to individuals in the empl oy of any such
3526689 contractor or subcontractor who is not an employer by reason of
3527690 Section 1-208 or Section 3-203 of this title may recover the same
3528691 from such contractor or subcontractor.
3529692 Each individual employe d to perform or to assist in performing
3530693 the work of any agent or employ ee of an employing unit shall be
3531694 deemed to be employe d by such employing unit for all the purpose s of
3532695 the Employment Security Act of 1980, whether such individual was
3533696 hired or paid directly by such employing unit or by such agent or
3534697 employee of an employin g unit, provided the employing unit had
3535698 actual or constructive knowledge of the employment.
3536-SECTION 27. AMENDATORY 40 O.S. 2021, Section 1-209.1, is
699+SECTION 4. AMENDATORY 40 O.S. 2021, Section 1-209.1, is
3537700 amended to read as follows:
3538701 Section 1-209.1. LESSOR EMPLOYING UNIT. A. “Lessor employing
3539702 unit” means any independently established bus iness entity which
3540703 engages in the business of providing leased employees to any other
3541704 employer, individual, organization, partn ership, corporation or
3542705 other legal entity, referred to herein as a client lessee.
706+
707+SB1800 HFLR Page 14
708+BOLD FACE denotes Committee Amendments. 1
709+2
710+3
711+4
712+5
713+6
714+7
715+8
716+9
717+10
718+11
719+12
720+13
721+14
722+15
723+16
724+17
725+18
726+19
727+20
728+21
729+22
730+23
731+24
732+
3543733 B. Any employer or any individual, organizatio n, partnership,
3544734 corporation or other legal entity which meets the definition of
3545735 lessor employing unit shall be liable for contr ibution on wages paid
3546736 by the lessor employing unit t o individuals performing services for
3547737 client lessees of the lessor employing unit.
3548-
3549-ENGR. S. B. NO. 1800 Page 14 1
3550-2
3551-3
3552-4
3553-5
3554-6
3555-7
3556-8
3557-9
3558-10
3559-11
3560-12
3561-13
3562-14
3563-15
3564-16
3565-17
3566-18
3567-19
3568-20
3569-21
3570-22
3571-23
3572-24
3573-
3574738 C. B. Unless the lessor employing u nit has timely complied with
3575739 the provisions of this section, any employer, individual,
3576740 organization, partnership, corporation or other le gal entity leasing
3577741 employees from any lessor employing unit shall be jointly and
3578742 severally liable for any unpaid contri butions, interest, penalties
3579743 and fees due under this section from any lessor employing u nit
3580744 attributable to wages for services performed for the client lessee
3581745 entity by the employees leased to the client lessee ent ity.
3582746 D. C. In order to relieve client les sees from joint and several
3583747 liability imposed under this section, any lessor employing unit as
3584748 defined herein may post and maintain a sur ety bond issued by a
3585749 corporate surety authorized to do business in this state in an
3586750 amount equivalent to the contributi ons for which the lessor
3587751 employing unit was liable in the last calendar year in which it
3588752 accrued contributions, or One Hundred Thousand D ollars
3589753 ($100,000.00), whichever amount is the greater, to ensure prompt
3590754 payment of contributions, interest, penalties a nd fees for which the
3591755 lessor employing unit may be or may become liable under this
3592756 section.
757+
758+SB1800 HFLR Page 15
759+BOLD FACE denotes Committee Amendments. 1
760+2
761+3
762+4
763+5
764+6
765+7
766+8
767+9
768+10
769+11
770+12
771+13
772+14
773+15
774+16
775+17
776+18
777+19
778+20
779+21
780+22
781+23
782+24
783+
3593784 E. D. Any lessor employing unit as defined h erein which is
3594785 currently engaged in the business of leasing employees to clie nt
3595786 lessees shall comply with the provision s of this section by January
3596787 1, 1991.
3597-
3598-ENGR. S. B. NO. 1800 Page 15 1
3599-2
3600-3
3601-4
3602-5
3603-6
3604-7
3605-8
3606-9
3607-10
3608-11
3609-12
3610-13
3611-14
3612-15
3613-16
3614-17
3615-18
3616-19
3617-20
3618-21
3619-22
3620-23
3621-24
3622-
3623788 F. E. Any lessor employing unit not engaged in the bus iness of
3624789 leasing employees to client lessees on or before the effective date
3625790 of this act May 31, 1990, shall comply with the requirements herein
3626791 before entering into lease agreements with client lessees.
3627-SECTION 28. AMENDATORY 40 O.S. 2021, Section 1-209.2, is
792+SECTION 5. AMENDATORY 40 O.S. 2021, Section 1-209.2, is
3628793 amended to read as follows:
3629794 Section 1-209.2. A. 1. A “Professional Employer Organization ”
3630795 or “PEO” is an organization that is subjec t to the Oklahoma
3631796 Professional Employer Organization Recognition and Registration Act
3632797 and which meets the definition set out in paragraph 9 of Section
3633798 600.2 of Title 40 of the Oklahoma Statutes.
3634799 2. “Client” shall have the same meaning as provided by
3635800 paragraph 1 of Section 600.2 of T itle 40 of the Oklahoma Statutes.
3636801 3. “Coemployer” shall have the same meaning as provided by
3637802 paragraph 2 of Section 600.2 of Title 40 of the Oklahoma Statutes.
3638803 4. “Coemployment relatio nship” shall have the same meaning as
3639804 provided by paragraph 3 of Secti on 600.2 of Title 40 of the Oklahoma
3640805 Statutes.
806+
807+SB1800 HFLR Page 16
808+BOLD FACE denotes Committee Amendments. 1
809+2
810+3
811+4
812+5
813+6
814+7
815+8
816+9
817+10
818+11
819+12
820+13
821+14
822+15
823+16
824+17
825+18
826+19
827+20
828+21
829+22
830+23
831+24
832+
3641833 5. “Covered employee” shall have the same meaning as provided
3642834 by paragraph 5 of Section 600.2 of Title 40 of the Oklahoma
3643835 Statutes.
3644836 B. For purposes of the Employment Security Act of 1980, the PEO
3645837 and its client shall be considered coemployers of the covered
3646838 employees that are under the direction and control of the client.
3647-
3648-ENGR. S. B. NO. 1800 Page 16 1
3649-2
3650-3
3651-4
3652-5
3653-6
3654-7
3655-8
3656-9
3657-10
3658-11
3659-12
3660-13
3661-14
3662-15
3663-16
3664-17
3665-18
3666-19
3667-20
3668-21
3669-22
3670-23
3671-24
3672-
3673839 C. B. If a PEO fails to become or remain registered under the
3674840 Oklahoma Professional Employer Organization Reco gnition and
3675841 Registration Act, the entity shall be considered a third-party
3676842 administrator of the client account. As a third-party
3677843 administrator, a power of attorney will be required to obtain
3678844 information from the c lient’s account.
3679-SECTION 29. AMENDATORY 40 O.S. 2021, Section 1-217, is
845+SECTION 6. AMENDATORY 40 O.S. 2021, Section 1-217, is
3680846 amended to read as follows:
3681847 Section 1-217. UNEMPLOYED. An individual shall be de emed
3682848 “unemployed” with respect to any week during which he performed no
3683849 services and with respect to which no wages are payable to him, or
3684850 with respect to any week of less than full-time work if the wages
3685851 payable to him with respect to such week are less t han his weekly
3686852 benefit amount plus One Hundred Dollars ($100.00); provided that for
3687853 A. An individual shall be deemed unemployed with respect to any
3688854 week during which:
3689855 1. The individual performed no services; and
3690856 2. No wages are payable to the individual.
857+
858+SB1800 HFLR Page 17
859+BOLD FACE denotes Committee Amendments. 1
860+2
861+3
862+4
863+5
864+6
865+7
866+8
867+9
868+10
869+11
870+12
871+13
872+14
873+15
874+16
875+17
876+18
877+19
878+20
879+21
880+22
881+23
882+24
883+
3691884 B. For an initial or additional initial claim filing, an
3692885 individual shall be deemed unemployed:
3693886 1. With respect to any week of less than full-time work, if the
3694887 wages payable to the individual are less than his or her weekly
3695888 benefit amount plus One Hundred Dollars ($100.00) ; and
3696-
3697-ENGR. S. B. NO. 1800 Page 17 1
3698-2
3699-3
3700-4
3701-5
3702-6
3703-7
3704-8
3705-9
3706-10
3707-11
3708-12
3709-13
3710-14
3711-15
3712-16
3713-17
3714-18
3715-19
3716-20
3717-21
3718-22
3719-23
3720-24
3721-
3722889 2. If the individual has incurred a loss of wages or reductions
3723890 in hours based on his or her customary work experience or contract
3724891 of hire.
3725892 C. For filing made during a continued claim series, an
3726893 individual shall be deemed unemployed with respect to any week of
3727894 less than full-time work if the wages payable to the individual are
3728895 less than his or her weekly benefit amount pl us One Hundred Dollars
3729896 ($100.00).
3730897 D. For the purpose of this section only, any vacation leave
3731898 payments or sick leave payments, which such individual m ay receive
3732899 or be entitled to from his or her employer or former employer,
3733900 arising by reason of separation from employment, shall be deemed not
3734901 to be wages as the term wages is used in this section.
3735902 E. A finding that an individual has satisfied the hour and wage
3736903 threshold as defined in this section shall not preclude a potential
3737904 investigation or disqualification for benefits as provided in
3738905 Section 2-101 et seq. of this title if the employer files a timely
3739906 protest to the initial or additional initial claim.
3740-SECTION 30. AMENDATORY 40 O.S. 2021, Section 1 -223, is
907+
908+SB1800 HFLR Page 18
909+BOLD FACE denotes Committee Amendments. 1
910+2
911+3
912+4
913+5
914+6
915+7
916+8
917+9
918+10
919+11
920+12
921+13
922+14
923+15
924+16
925+17
926+18
927+19
928+20
929+21
930+22
931+23
932+24
933+
934+SECTION 7. AMENDATORY 40 O.S. 2021, Section 1 -223, is
3741935 amended to read as follow s:
3742936 Section 1-223. TAXABLE WAGES – CONDITIONAL FACTORS AND
3743937 PRECENTAGES.
3744938 “Taxable wages” means the wages paid to an individual with
3745939 respect to employment during a calendar year for services covered by
3746-
3747-ENGR. S. B. NO. 1800 Page 18 1
3748-2
3749-3
3750-4
3751-5
3752-6
3753-7
3754-8
3755-9
3756-10
3757-11
3758-12
3759-13
3760-14
3761-15
3762-16
3763-17
3764-18
3765-19
3766-20
3767-21
3768-22
3769-23
3770-24
3771-
3772940 the Employment Security Act of 1980 or other state unemp loyment
3773941 compensation acts which shall equal the applicable percen tage of the
3774942 state’s average annual wage for the second preceding calendar year
3775943 as determined by the Commission, rounded to the nearest multiple of
3776944 One Hundred Dollars ($100.00). The applicable percentage of the
3777945 state’s average annual wage is determined by the conditional factor
3778946 in place during the calendar year for which the taxable wage is
3779947 being calculated. The conditio nal factor is determined pursuant to
3780948 the provisions of Section 3-113 of this title. The applicable
3781949 percentages are as follows:
3782950 1. Forty percent (40%) during any calendar year in which the
3783951 balance in the Unemployment Compensation Fund is in excess of the
3784952 amount required to initiate conditional cont ribution rates, pursuant
3785953 to the provisions of Section 3-113 of this title;
3786954 2. Forty-two and one-half percent (42.5%) during calendar years
3787955 in which condition “a” exists;
3788956 3. Forty-five percent (45%) during calen dar years in which
3789957 condition “b” exists;
958+
959+SB1800 HFLR Page 19
960+BOLD FACE denotes Committee Amendments. 1
961+2
962+3
963+4
964+5
965+6
966+7
967+8
968+9
969+10
970+11
971+12
972+13
973+14
974+15
975+16
976+17
977+18
978+19
979+20
980+21
981+22
982+23
983+24
984+
3790985 4. Forty-seven and one-half percent (47.5%) during calendar
3791986 years in which condition “c” exists; and
3792987 5. Fifty percent (50%) during calendar years in which condition
3793988 “d” exists.
3794-SECTION 31. AMENDATORY 40 O.S. 2021, Section 1 -224, is
989+SECTION 8. AMENDATORY 40 O.S. 2021, Section 1 -224, is
3795990 amended to read as follows:
3796-
3797-ENGR. S. B. NO. 1800 Page 19 1
3798-2
3799-3
3800-4
3801-5
3802-6
3803-7
3804-8
3805-9
3806-10
3807-11
3808-12
3809-13
3810-14
3811-15
3812-16
3813-17
3814-18
3815-19
3816-20
3817-21
3818-22
3819-23
3820-24
3821-
3822991 Section 1-224. FILE. A. For purposes of this section , “OESC
3823992 2020-21 business process transformation ” means a change from paper
3824993 process to integrated digital technology. Upon completion of the
3825994 OESC 2020-21 business process tra nsformation, electronic e -filing
3826995 will be the Commission’s preferred filing method for tender ing and
3827996 receiving documents. All claimants and employers tendering
3828997 documents to the Commission will be expected to tender the documents
3829998 electronically. If the cla imant or employer has elected to utilize
3830999 other means of transmittal, it will be the responsi bility of the
38311000 claimant or employer to notify the Commission of this preference .
38321001 B. When any document is required to be filed by the provisions
38331002 of the Employment Se curity Act of 1980 or the rules promulgated
38341003 under the authority of the Employment Security A ct of 1980 with the
38351004 Oklahoma Employment Secu rity Commission, any of its repres entatives,
38361005 or the Board of Review for the Oklahoma Employment Security
38371006 Commission the provisions of the Employmen t Security Act of 1980 or
38381007 the rules promulgated under the auth ority of the act require any
38391008 document to be filed with the Oklahoma Employment Se curity
1009+
1010+SB1800 HFLR Page 20
1011+BOLD FACE denotes Committee Amendments. 1
1012+2
1013+3
1014+4
1015+5
1016+6
1017+7
1018+8
1019+9
1020+10
1021+11
1022+12
1023+13
1024+14
1025+15
1026+16
1027+17
1028+18
1029+19
1030+20
1031+21
1032+22
1033+23
1034+24
1035+
38401036 Commission or its affiliate entities, the term “file”, “files”, or
38411037 “filed” shall be defined as follows mean:
38421038 1. Hand-delivered Hand-delivery to the central administrative
38431039 office of the Oklahoma Employment Security Commission by the close
38441040 of business on or before the date due;
3845-
3846-ENGR. S. B. NO. 1800 Page 20 1
3847-2
3848-3
3849-4
3850-5
3851-6
3852-7
3853-8
3854-9
3855-10
3856-11
3857-12
3858-13
3859-14
3860-15
3861-16
3862-17
3863-18
3864-19
3865-20
3866-21
3867-22
3868-23
3869-24
3870-
38711041 2. Telefaxed to the telefax number indicated on the
38721042 determination letter, order or other document issued by the Oklahoma
38731043 Employment Security Commission by midnight on or before the date
38741044 due. Timely telefaxing shall be determi ned by the date and time
38751045 recorded by the Commission ’s telefax equipment;
38761046 3. Mailed with sufficient postage and p roperly addressed to the
38771047 address indicated on the determination letter, order or other
38781048 document issued Mailing by means calculated to ensure re ceipt by the
38791049 Oklahoma Employment Security Com mission on or before the date due.
38801050 Timely mailing shall be determin ed by the United States Postal
38811051 Service postmark. If there is no proof from the post office of the
38821052 date of mailing such legible postmark, the date of receipt by the
38831053 Commission shall constitute the date of filing; or
38841054 4. 3. Electronic e-filing to the Oklahoma Employment Security
38851055 Commission, as directed by the instruction s on the determination
38861056 letter, order or other document issued by the Commissio n, by
38871057 midnight on or before the date due. Timely transmission shall be
38881058 determined by the Commission’s transmission log file; or
1059+
1060+SB1800 HFLR Page 21
1061+BOLD FACE denotes Committee Amendments. 1
1062+2
1063+3
1064+4
1065+5
1066+6
1067+7
1068+8
1069+9
1070+10
1071+11
1072+12
1073+13
1074+14
1075+15
1076+16
1077+17
1078+18
1079+19
1080+20
1081+21
1082+22
1083+23
1084+24
1085+
38891086 4. Digital portal filing by midnight on or befor e the date due.
38901087 Timely transmission shall b e determined by the Commission ’s
38911088 transmission log file.
38921089 C. If the Employment Security Act of 1980 or the rules
38931090 promulgated under the Employment Security Act of 1980 require that a
38941091 document be filed with a court or any other agency of this state,
3895-
3896-ENGR. S. B. NO. 1800 Page 21 1
3897-2
3898-3
3899-4
3900-5
3901-6
3902-7
3903-8
3904-9
3905-10
3906-11
3907-12
3908-13
3909-14
3910-15
3911-16
3912-17
3913-18
3914-19
3915-20
3916-21
3917-22
3918-23
3919-24
3920-
39211092 the term “file”, “files” or “filed” shall be defined by the
39221093 statutes, rules or practice governing that court or agency.
3923-SECTION 32. AMENDATORY 40 O.S. 2021, Section 1-225, is
1094+SECTION 9. AMENDATORY 40 O.S. 2021, Section 1-225, is
39241095 amended to read as follows:
39251096 Section 1-225. SUPPLEMENTAL UNEMPLOY MENT BENEFIT PLAN. A.
39261097 “Supplemental unemployment benefit plan” means a plan that provides
39271098 for an employer to make payme nts to its employees during a permanent
39281099 or temporary layoff that will supplement unemployme nt benefits
39291100 received by the employees. The p urpose of a supplemental
39301101 unemployment benefit plan is to allow an employer to sustain the
39311102 purchasing power of its employ ees or former employees during a
39321103 layoff.
39331104 B. A supplemental unemployment benefit plan for a temporary
39341105 layoff must meet the following req uirements:
39351106 1. The plan shall provide for a paymen t from the employer to
39361107 the employee each week during the temporary lay off to supplement
39371108 unemployment benefits received by the employee;
1109+
1110+SB1800 HFLR Page 22
1111+BOLD FACE denotes Committee Amendments. 1
1112+2
1113+3
1114+4
1115+5
1116+6
1117+7
1118+8
1119+9
1120+10
1121+11
1122+12
1123+13
1124+14
1125+15
1126+16
1127+17
1128+18
1129+19
1130+20
1131+21
1132+22
1133+23
1134+24
1135+
39381136 2. The plan must be part of an agreement entered into between
39391137 the employer and employee, or between the employer and a collective
39401138 bargaining agent on behalf of the employee, before the date the
39411139 layoff is effective;
39421140 3. The employer must be able to give a reasonable assurance
39431141 that the separated employees will be able to retu rn to work at the
39441142 end of the temporary layoff;
3945-
3946-ENGR. S. B. NO. 1800 Page 22 1
3947-2
3948-3
3949-4
3950-5
3951-6
3952-7
3953-8
3954-9
3955-10
3956-11
3957-12
3958-13
3959-14
3960-15
3961-16
3962-17
3963-18
3964-19
3965-20
3966-21
3967-22
3968-23
3969-24
3970-
39711143 4. The employer must inform the Commission of the beginning and
39721144 ending dates of the layoff and keep the Commission informed of any
39731145 changes in circumstances while a ny claims for unemployment benefits
39741146 are in existence; and
39751147 5. The plan must provide for equal t reatment of all employees
39761148 covered by the plan who are included in the layoff.
39771149 The requirements of Sections 2-417 and 2-418 of this title shall be
39781150 waived for any claimant of unemployment benefits who is rece iving
39791151 supplemental benefits under this subsection.
39801152 C. B. A supplemental unemployment benefit plan for a permanent
39811153 layoff must meet the following requirements:
39821154 1. The plan shall provide for a payment from the e mployer to
39831155 the former employee during each we ek unemployment benefits are paid
39841156 to the former employee, in order to supplement the unemployment
39851157 benefits received by t he former employee;
39861158 2. The plan must be part of an agreement entered into between
39871159 the employer and former employee, or between the empl oyer and a
1160+
1161+SB1800 HFLR Page 23
1162+BOLD FACE denotes Committee Amendments. 1
1163+2
1164+3
1165+4
1166+5
1167+6
1168+7
1169+8
1170+9
1171+10
1172+11
1173+12
1174+13
1175+14
1176+15
1177+16
1178+17
1179+18
1180+19
1181+20
1182+21
1183+22
1184+23
1185+24
1186+
39881187 collective bargaining agent on behalf o f the former employee, before
39891188 the date the layoff is effective; and
39901189 3. The plan must provide for equal treatment of all former
39911190 employees covered by the plan who are included in the layoff.
39921191 The requirements of Sections 2-417 and 2-418 of this title shall
39931192 be applicable to any claimant of unemployment benefits who is
39941193 receiving supplemental benefits under this subsection.
3995-
3996-ENGR. S. B. NO. 1800 Page 23 1
3997-2
3998-3
3999-4
4000-5
4001-6
4002-7
4003-8
4004-9
4005-10
4006-11
4007-12
4008-13
4009-14
4010-15
4011-16
4012-17
4013-18
4014-19
4015-20
4016-21
4017-22
4018-23
4019-24
4020-
40211194 D. C. The amount of supplemental unemploymen t benefit plan
40221195 payments will not be deducted from the weekly benefit amount of an
40231196 unemployment benefit claim.
40241197 E. D. All supplemental unemployment benefit plans must be
40251198 approved by the Director of the Unemployment Insurance Division of
40261199 the Oklahoma Employm ent Security Commission. The Director ’s
40271200 determination will be in writing and mailed to the emp loyer and the
40281201 collective bargaining agent of the employees, if any exi sts, at
40291202 their last-known addresses, within twenty (20) days of the receipt
40301203 of the employer’s plan. If an employer or collective bargain ing
40311204 agent disagrees with the determination, an app eal can be taken
40321205 pursuant to Section 3 -115 of this title.
4033-SECTION 33. AMENDATORY 40 O.S. 2021, Section 1-228, is
1206+SECTION 10. AMENDATORY 40 O.S. 2021, Section 1-228, is
40341207 amended to read as foll ows:
40351208 Section 1-228. LIMITED LIABILITY COMPAN IES. A. For purposes
40361209 of the Employment Security A ct of 1980, a “limited liability
1210+
1211+SB1800 HFLR Page 24
1212+BOLD FACE denotes Committee Amendments. 1
1213+2
1214+3
1215+4
1216+5
1217+6
1218+7
1219+8
1220+9
1221+10
1222+11
1223+12
1224+13
1225+14
1226+15
1227+16
1228+17
1229+18
1230+19
1231+20
1232+21
1233+22
1234+23
1235+24
1236+
40371237 company” and a “foreign limited liabi lity company” shall be defined
40381238 by the provisions of the Oklahoma Limited Liability Company Act.
40391239 B. For unemployment tax purposes, wages , salaries, or draws
40401240 paid to limited liability com pany members, relatives of the members,
40411241 and employees shall be taxed i n the same manner as requ ired by the
40421242 Federal Unemployment Tax Act, Title 26 U.S.C., Chapter 23, and the
40431243 Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99.
4044-
4045-ENGR. S. B. NO. 1800 Page 24 1
4046-2
4047-3
4048-4
4049-5
4050-6
4051-7
4052-8
4053-9
4054-10
4055-11
4056-12
4057-13
4058-14
4059-15
4060-16
4061-17
4062-18
4063-19
4064-20
4065-21
4066-22
4067-23
4068-24
4069-
4070-SECTION 34. NEW LAW A new section of law to be codified
1244+SECTION 11. NEW LAW A new section of law to be codified
40711245 in the Oklahoma Statutes as Section 1-230 of Title 40, unless there
40721246 is created a duplication in numb ering, reads as follows:
40731247 NOTICE GIVEN.
40741248 A. Notice shall be deemed given when the Oklahoma Employment
40751249 Security Commission notifies by one of the following means:
40761250 1. Mail;
40771251 2. E-mail or fax to e-mail;
40781252 3. Upload to the agency digital portal;
40791253 4. Publication on the Commission’s website; or
40801254 5. Hand delivered to the central administrative office of the
40811255 Commission.
40821256 There is a rebuttable pres umption that notice has been give n on
40831257 the date stated in t he communication.
40841258 B. The Commission’s preferred method of notification shall be
40851259 electronic delivery though the agency digital portal or e-mail. If
40861260 claimants or employers wish to opt out of delivery by the agency
1261+
1262+SB1800 HFLR Page 25
1263+BOLD FACE denotes Committee Amendments. 1
1264+2
1265+3
1266+4
1267+5
1268+6
1269+7
1270+8
1271+9
1272+10
1273+11
1274+12
1275+13
1276+14
1277+15
1278+16
1279+17
1280+18
1281+19
1282+20
1283+21
1284+22
1285+23
1286+24
1287+
40871288 digital portal or e-mail, they may notify the Commission by one of
40881289 the methods listed in subsection A of t his section.
4089-SECTION 35. AMENDATORY 40 O.S. 2021, Section 2 -203, is
1290+SECTION 12. AMENDATORY 40 O.S. 2021, Section 2 -203, is
40901291 amended to read as follows:
40911292 Section 2-203. CLAIM. A. An unemployed indiv idual must file
40921293 an initial claim for unemployment benefits by completing the
40931294 required forms through the Internet Claims service provided by the
4094-
4095-ENGR. S. B. NO. 1800 Page 25 1
4096-2
4097-3
4098-4
4099-5
4100-6
4101-7
4102-8
4103-9
4104-10
4105-11
4106-12
4107-13
4108-14
4109-15
4110-16
4111-17
4112-18
4113-19
4114-20
4115-21
4116-22
4117-23
4118-24
4119-
41201295 Commission, or by completing all forms necessary to process an
41211296 initial claim in a local office of the Commission or any alternate
41221297 site designated by the Commission to take unemployment benefit
41231298 claims. The Commission may obtain additional informati on regarding
41241299 an individual’s claim through any form of telecommunication,
41251300 writing, or interview. An unemployed individu al must file a claim
41261301 by telecommunication or by Internet utilizing the digital services
41271302 portal to create an account to access benefits with respect to each
41281303 week in accordance with such rule as the Commission may prescribe.
41291304 B. 1. During the process of fil ing an initial claim for
41301305 unemployment benefits, the claimant shall be made aware of the
41311306 definition of misconduct set out in Section 2 -406 of this title, and
41321307 the claimant shall affirmatively certify that the answers given to
41331308 all questions in the initial cla im process are true and correct to
41341309 the best of the claimant’s knowledge and that no info rmation has
41351310 been intentionally withheld or misre presented in an attempt by the
41361311 claimant to receive benefits to which the claimant is not entitled.
1312+
1313+SB1800 HFLR Page 26
1314+BOLD FACE denotes Committee Amendments. 1
1315+2
1316+3
1317+4
1318+5
1319+6
1320+7
1321+8
1322+9
1323+10
1324+11
1325+12
1326+13
1327+14
1328+15
1329+16
1330+17
1331+18
1332+19
1333+20
1334+21
1335+22
1336+23
1337+24
1338+
41371339 2. The certification statement required in p aragraph 1 of this
41381340 subsection shall be available through the Int ernet Claims service
41391341 provided by the Commission and by a form to be compl eted by the
41401342 claimant in a local office of the Commission or at any alternate
41411343 site designated by the Commission to take unemployment benefit
41421344 claims.
4143-
4144-ENGR. S. B. NO. 1800 Page 26 1
4145-2
4146-3
4147-4
4148-5
4149-6
4150-7
4151-8
4152-9
4153-10
4154-11
4155-12
4156-13
4157-14
4158-15
4159-16
4160-17
4161-18
4162-19
4163-20
4164-21
4165-22
4166-23
4167-24
4168-
41691345 C. With respect to each week, the claimant must provide the
41701346 Commission with a true and correct statement of all material facts
41711347 relating to unemployment; ability to work; availability for work;
41721348 activities or conditions which co uld restrict the individual from
41731349 seeking or immediately acceptin g full-time employment or part-time
41741350 work if subsection (4) of Section 2-408 of this title applies;
41751351 applications for or receipt of workers’ compensation benefits;
41761352 employment and earnings; and t he reporting of other income from
41771353 retirement, pension, disabilit y, self-employment, education or
41781354 training allowances.
41791355 D. C. No claim will be allowed or paid unless the claimant
41801356 resides within a state or foreign country with which t he State of
41811357 Oklahoma has entered into a reciprocal or cooperative arrangement
41821358 pursuant to Part 7 of Article IV of the Employment Securit y Act of
41831359 1980 Section 4-701 et seq. of this title.
41841360 E. D. The Commission may req uire the individual to p roduce
41851361 documents or information relevant to the claim for benefits. If the
41861362 individual fails to produce it, the individual’s claim for
1363+
1364+SB1800 HFLR Page 27
1365+BOLD FACE denotes Committee Amendments. 1
1366+2
1367+3
1368+4
1369+5
1370+6
1371+7
1372+8
1373+9
1374+10
1375+11
1376+12
1377+13
1378+14
1379+15
1380+16
1381+17
1382+18
1383+19
1384+20
1385+21
1386+22
1387+23
1388+24
1389+
41871390 unemployment benefits may be disqualified indefinitely by the
41881391 Commission until the information is produced. An individua l that
41891392 has been disqualified indefinitel y by the provisions of this
41901393 subsection may receive payment for a ny week between the initial
41911394 failure and the comp liance with this subsection if the claim ant is
4192-
4193-ENGR. S. B. NO. 1800 Page 27 1
4194-2
4195-3
4196-4
4197-5
4198-6
4199-7
4200-8
4201-9
4202-10
4203-11
4204-12
4205-13
4206-14
4207-15
4208-16
4209-17
4210-18
4211-19
4212-20
4213-21
4214-22
4215-23
4216-24
4217-
42181395 otherwise eligible and has made a timely filing for each intervening
42191396 week.
4220-SECTION 36. AMENDATORY 40 O.S. 2021, Section 2-503, is
1397+SECTION 13. AMENDATORY 40 O.S. 2021, Section 2-503, is
42211398 amended to read as follows:
42221399 Section 2-503. CLAIMS, NOTICES AND OBJECTIONS. A. Claims for
42231400 benefits shall be made in accordance with all rules that the
42241401 Oklahoma Employment Se curity Commission may prescribe.
42251402 B. Promptly after an initial claim or an additional initial
42261403 claim is filed, the Commission shall give notice of the claim to the
42271404 last employer of the claimant for whom the claimant worked at least
42281405 fifteen (15) working days . The required fifteen (15) working These
42291406 days are not required to be consecutive. Provided, that promptly
42301407 after After the Commission is notified of the claimant ’s separation
42311408 from an employment obtained by a claimant during a continued claim
42321409 series, the Commission shall give notice of the claim to the last
42331410 separating employer. Notices to separating employers during a
42341411 continued claim series will be given to the last employer in the
42351412 claim week without regard to length of emp loyment. Each notice
1413+
1414+SB1800 HFLR Page 28
1415+BOLD FACE denotes Committee Amendments. 1
1416+2
1417+3
1418+4
1419+5
1420+6
1421+7
1422+8
1423+9
1424+10
1425+11
1426+12
1427+13
1428+14
1429+15
1430+16
1431+17
1432+18
1433+19
1434+20
1435+21
1436+22
1437+23
1438+24
1439+
42361440 shall contain an admonition that failure to respond to the notice
42371441 could affect the employer’s tax rate.
42381442 C. Promptly after the claim is paid for the fifth week of
42391443 benefits the Commissio n shall give written notice of the claim to
42401444 all other employers of the claimant d uring the claimant’s base
42411445 period. The notice will be given pursuant to Section 3-106 of this
4242-
4243-ENGR. S. B. NO. 1800 Page 28 1
4244-2
4245-3
4246-4
4247-5
4248-6
4249-7
4250-8
4251-9
4252-10
4253-11
4254-12
4255-13
4256-14
4257-15
4258-16
4259-17
4260-18
4261-19
4262-20
4263-21
4264-22
4265-23
4266-24
4267-
42681446 title by e-mail unless the employer provides appr opriate
42691447 notification that they op ted out of this method of communication
42701448 pursuant to Section 11 of this act.
42711449 D. Notices Notice shall be deemed to have been given to the
42721450 employer at the last-known address and by the date of the postmark
42731451 on the envelope in which the notice was sent . If the employer has
42741452 elected to be notified by electro nic means according to proc edures
42751453 set out in Oklahoma Employment Security Commission rules, notice
42761454 shall be deemed to b e given when the Commission transmits the notice
42771455 by electronic means or, if the employer has opted out of e lectronic
42781456 communications, the notice is placed in the mail.
42791457 E. Within ten (10) days after the date on the notice or the
42801458 date of the postmark on the envelope in which the notice was sent,
42811459 whichever is later the notice is e-mailed, an employer may file with
42821460 the Commission at the address prescribed in the notice writte n send
42831461 by e-mail all objections to the claim setting forth specifically the
42841462 facts which:
1463+
1464+SB1800 HFLR Page 29
1465+BOLD FACE denotes Committee Amendments. 1
1466+2
1467+3
1468+4
1469+5
1470+6
1471+7
1472+8
1473+9
1474+10
1475+11
1476+12
1477+13
1478+14
1479+15
1480+16
1481+17
1482+18
1483+19
1484+20
1485+21
1486+22
1487+23
1488+24
1489+
42851490 1. Make the claimant ineligible for benefits under Sections 2-
42861491 201 through 2-210 of this title;
42871492 2. Disqualify the claimant from benefi ts under Sections 2-401
42881493 through 2-417 and 2-419 of this title; or
42891494 3. Relieve such employer from being charged for the benefits
42901495 benefit wages of such claimant.
4291-
4292-ENGR. S. B. NO. 1800 Page 29 1
4293-2
4294-3
4295-4
4296-5
4297-6
4298-7
4299-8
4300-9
4301-10
4302-11
4303-12
4304-13
4305-14
4306-15
4307-16
4308-17
4309-18
4310-19
4311-20
4312-21
4313-22
4314-23
4315-24
4316-
43171496 F. An untimely employer objection to a claim for unemployment
43181497 benefits made pursuant to subsect ion E of this section may be
43191498 allowed for good cause sh own.
4320-SECTION 37. AMENDATORY 40 O.S. 2021, Section 2-503.1, is
1499+SECTION 14. AMENDATORY 40 O.S. 2021, Section 2-503.1, is
43211500 amended to read as follows:
43221501 Section 2-503.1. FILING OF EMPLOYER PROTEST AND DOCUMENTS
43231502 THROUGH EMPLOYER PORTAL.
43241503 A. The procedure set out in this s ection for the filing of a
43251504 statement of objection through the employer portal is an optional
43261505 procedure for the employer. If the employer chooses not to utilize
43271506 this procedure, the employer must file its protest i n accordance
43281507 with subsection E of Section 2 -503 of Title 40 of th e Oklahoma
43291508 Statutes.
43301509 B. An employer may file a statement of objections to the claim
43311510 of a former employee at any time from the moment of discharge or
43321511 separation from employment of the employee until the expiration of
43331512 the ten-day time period set out in subs ection E of Section 2-503 of
43341513 Title 40 of the Oklahoma Statutes. The this title. Unless the
1514+
1515+SB1800 HFLR Page 30
1516+BOLD FACE denotes Committee Amendments. 1
1517+2
1518+3
1519+4
1520+5
1521+6
1522+7
1523+8
1524+9
1525+10
1526+11
1527+12
1528+13
1529+14
1530+15
1531+16
1532+17
1533+18
1534+19
1535+20
1536+21
1537+22
1538+23
1539+24
1540+
43351541 employer has opted out of receiving electronic communications and
43361542 may file their statement of objection through any method listed in
43371543 Section 1-224 of this title, th e statement of objection must be
43381544 filed through the employer portal on the Oklahoma Employment
43391545 Security Commission’s Internet website and must contain a statement
43401546 of specific facts and documentation which:
4341-
4342-ENGR. S. B. NO. 1800 Page 30 1
4343-2
4344-3
4345-4
4346-5
4347-6
4348-7
4349-8
4350-9
4351-10
4352-11
4353-12
4354-13
4355-14
4356-15
4357-16
4358-17
4359-18
4360-19
4361-20
4362-21
4363-22
4364-23
4365-24
4366-
43671547 1. Disclose the name and so cial security number of the
43681548 employee;
43691549 2. Make the claimant ineligible for benefits under Sections 2-
43701550 201 through 2-210 of Title 40 of the Oklahoma Statutes this title;
43711551 3. Disqualify the claimant for benefits under Sections 2 -401
43721552 through 2-419 of Title 40 of the Oklahoma Statutes this title; or
43731553 4. Relieve the employer from being charged for the benefits
43741554 benefit wages of this claimant.
43751555 C. B. Any timely statement of objection filed pursuant to this
43761556 section within the time period and in the manner set out in
43771557 subsection B of this s ection shall be considered a valid protest to
43781558 a claim for unemployment benefits filed by the former employee and
43791559 the employer shall be considered an interested party to the claim.
43801560 A statement of objection filed pursuant to this sect ion outside the
43811561 time period or in any manner other than as set out in subsection B A
43821562 of this section shall not be considered a valid prote st to a claim
43831563 for unemployment of the former employee, and the employer shall not
43841564 be considered an interested party to the claim.
4385-SECTION 38. AMENDATORY 40 O.S. 2021, Section 2-605, is
1565+
1566+SB1800 HFLR Page 31
1567+BOLD FACE denotes Committee Amendments. 1
1568+2
1569+3
1570+4
1571+5
1572+6
1573+7
1574+8
1575+9
1576+10
1577+11
1578+12
1579+13
1580+14
1581+15
1582+16
1583+17
1584+18
1585+19
1586+20
1587+21
1588+22
1589+23
1590+24
1591+
1592+SECTION 15. AMENDATORY 40 O.S. 2021, Section 2-605, is
43861593 amended to read as follows:
43871594 Section 2-605. NOTICE OF REFEREE DECISION. The parties shall
43881595 be promptly notified of such re feree’s decision and shall be
43891596 furnished with a copy of the decisi on, including the findings and
43901597 conclusions in support thereof. The decision shall be provided to
4391-
4392-ENGR. S. B. NO. 1800 Page 31 1
4393-2
4394-3
4395-4
4396-5
4397-6
4398-7
4399-8
4400-9
4401-10
4402-11
4403-12
4404-13
4405-14
4406-15
4407-16
4408-17
4409-18
4410-19
4411-20
4412-21
4413-22
4414-23
4415-24
4416-
44171598 the party by the agency’s digital portal or e -mail unless the party
44181599 notifies the agency that they opted out from receiving notices by e-
44191600 mail pursuant to Section 11 of this act. Such decision shall be
44201601 final unless, within ten (10) days after the date of mailing of
44211602 notice thereof to the parties ’ last-known addresses, or, in the
44221603 absence of such mailing, within ten (10) days after the delive ry of
44231604 such notice is deemed given, further review before the Board of
44241605 Review is initiated pursuant to Section 2-606 of this title.
4425-SECTION 39. AMENDATORY 4 0 O.S. 2021, Section 2-606, is
1606+SECTION 16. AMENDATORY 40 O.S. 2 021, Section 2-606, is
44261607 amended to read as follows:
44271608 Section 2-606. APPEALS FROM TRIBUNAL RE FEREE DECISIONS TO BOARD
44281609 OF REVIEW.
44291610 The Board of Review shall review the record of an appeal filed
44301611 by any of the parties entitled to notice on a determination of an
44311612 appeal tribunal referee. An appeal to the Board of Review may be
44321613 filed in any manner allow ed by Section 1-224 of this title. On
44331614 appeal, the Board of Review may affirm, modify, reverse, or remand
44341615 any decision of an appeal tribunal referee on the bas is of evidence
1616+
1617+SB1800 HFLR Page 32
1618+BOLD FACE denotes Committee Amendments. 1
1619+2
1620+3
1621+4
1622+5
1623+6
1624+7
1625+8
1626+9
1627+10
1628+11
1629+12
1630+13
1631+14
1632+15
1633+16
1634+17
1635+18
1636+19
1637+20
1638+21
1639+22
1640+23
1641+24
1642+
44351643 previously submitted, or on the basis of additional evidenc e
44361644 received by an appeal tribunal referee on remand. The Board of
44371645 Review shall promptly notify the parties of its decision in writing,
44381646 and the decision shall be final unless within thirty (30) days after
44391647 the mailing of the decision to the parties’ last-known addresses
4440-
4441-ENGR. S. B. NO. 1800 Page 32 1
4442-2
4443-3
4444-4
4445-5
4446-6
4447-7
4448-8
4449-9
4450-10
4451-11
4452-12
4453-13
4454-14
4455-15
4456-16
4457-17
4458-18
4459-19
4460-20
4461-21
4462-22
4463-23
4464-24
4465-
44661648 notice is deemed given, a proceeding for judicial review is
44671649 initiated pursuant to Section 2-610 of this title.
4468-SECTION 40. AMENDATORY 40 O.S. 2021, Section 3-106, is
1650+SECTION 17. AMENDATORY 40 O.S. 2021, Section 3 -106, is
44691651 amended to read as follows:
44701652 Section 3-106. BENEFIT WAGES CHARGED AND RELIEF THEREFROM. A.
44711653 The Oklahoma Employment Security Commission shall give notice to
44721654 each base period employer of a claimant promptly after the claimant
44731655 is has been issued his or her fifth week of benefits by the
44741656 Commission or promptly after the Commission receives notice of the
44751657 amounts paid as benefits by another state under a reciprocal
44761658 arrangement. Notice shall be deemed given under this subsection
44771659 when the Commission deposits t he same with the United States Postal
44781660 Service addressed to the employer at an address designated by the
44791661 employer to receive the notice or at the employer’s last-known
44801662 address. If the employer has elected to be notified by electronic
44811663 means according to pro cedures set out in Oklahoma Employment
44821664 Security Commission rules, notice shall be deemed to be given when
44831665 the Commission transmits the notification by electronic means.
44841666 Notice shall be presumed prima facie to have been given to the
1667+
1668+SB1800 HFLR Page 33
1669+BOLD FACE denotes Committee Amendments. 1
1670+2
1671+3
1672+4
1673+5
1674+6
1675+7
1676+8
1677+9
1678+10
1679+11
1680+12
1681+13
1682+14
1683+15
1684+16
1685+17
1686+18
1687+19
1688+20
1689+21
1690+22
1691+23
1692+24
1693+
44851694 employer to whom addres sed on the date stated in the written notice.
44861695 This notice shall give the name and social security number of the
44871696 claimant, the date the claim was filed, and the amount of benefit
44881697 wages charged to the employer in each quarter of the base period.
4489-
4490-ENGR. S. B. NO. 1800 Page 33 1
4491-2
4492-3
4493-4
4494-5
4495-6
4496-7
4497-8
4498-9
4499-10
4500-11
4501-12
4502-13
4503-14
4504-15
4505-16
4506-17
4507-18
4508-19
4509-20
4510-21
4511-22
4512-23
4513-24
4514-
45151698 B. Within twenty (20) days from the date stated upon on the
45161699 notice provided for in subsection A of this section, the employer
45171700 may file with the Commission written objections an objection to
45181701 being charged with the benefit wages upon one or more of the grounds
45191702 for objection as set forth in subsection G of this section. T he
45201703 employer’s written objection must set forth specifically:
45211704 1. The date on which the employment was terminated;
45221705 2. Full particulars as to the circumstances Specific details of
45231706 the termination including the reason given by the individu al for
45241707 voluntarily leaving the employment, or the nature of the misconduct
45251708 for which discharged, as the case may be discharge;
45261709 3. Full particulars as to Specific details of the regular
45271710 scheduled part-time or full-time employment of the employee
45281711 including the starting date, and ending date if any, of the
45291712 continuous period of such part-time or full-time employment; and
45301713 4. Such other Other information as called for by the notice.
45311714 C. Upon receipt of the employer ’s written objections objection,
45321715 the Commission shall make a deter mination and notify the employer as
45331716 to whether or not the employer is entitled to be relieved from the
45341717 charging of benefit wages wage charges. The Commission shall
1718+
1719+SB1800 HFLR Page 34
1720+BOLD FACE denotes Committee Amendments. 1
1721+2
1722+3
1723+4
1724+5
1725+6
1726+7
1727+8
1728+9
1729+10
1730+11
1731+12
1732+13
1733+14
1734+15
1735+16
1736+17
1737+18
1738+19
1739+20
1740+21
1741+22
1742+23
1743+24
1744+
45351745 promptly notify the employer of that determination. Provided
45361746 further Additionally, the twenty-day time period for filing written
45371747 objections with the Commission an objection as provided for in
45381748 subsection B of this section may be waived for good cause shown.
4539-
4540-ENGR. S. B. NO. 1800 Page 34 1
4541-2
4542-3
4543-4
4544-5
4545-6
4546-7
4547-8
4548-9
4549-10
4550-11
4551-12
4552-13
4553-14
4554-15
4555-16
4556-17
4557-18
4558-19
4559-20
4560-21
4561-22
4562-23
4563-24
4564-
45651749 D. Within twenty (20) days after the mailing issuing of the
45661750 determination provided for i n subsection C of this section, the
45671751 employer may file with the Commission or its representative
45681752 Assessment Board a written protest to the determination and request
45691753 an oral hearing de novo to present evidence in support of its
45701754 protest. The Commission or its representative Assessment Board
45711755 shall, by written notice, advise the employer of the date of the
45721756 hearing, which shall not be less than ten (10) days from the date of
45731757 mailing of the written notice. At the discretion of the Commission,
45741758 this hearing shall be conducted by the Commission or its
45751759 representative appointed by the Commission for this purpose.
45761760 Pursuant to Assessment Board. After the hearing, the Commission or
45771761 its representative Assessment Board shall, as soon as practicable,
45781762 make a written order setting forth its findings of fact and
45791763 conclusions of law, and shall send it to the employer notify the
45801764 employer of its findings.
45811765 E. If any employer fails to file a written protest within the
45821766 period of twenty (20) days, as provided by subsection D of this
45831767 section, then the determination shall be final, and no appeal shall
45841768 thereafter be allowed does not file a timely appeal of the
1769+
1770+SB1800 HFLR Page 35
1771+BOLD FACE denotes Committee Amendments. 1
1772+2
1773+3
1774+4
1775+5
1776+6
1777+7
1778+8
1779+9
1780+10
1781+11
1782+12
1783+13
1784+14
1785+15
1786+16
1787+17
1788+18
1789+19
1790+20
1791+21
1792+22
1793+23
1794+24
1795+
45851796 determination to the Assessment Board, the determination shall be
45861797 final.
45871798 F. The employer or the Commission may appeal the Assessment
45881799 Board’s order of the Commission or its representative to the
4589-
4590-ENGR. S. B. NO. 1800 Page 35 1
4591-2
4592-3
4593-4
4594-5
4595-6
4596-7
4597-8
4598-9
4599-10
4600-11
4601-12
4602-13
4603-14
4604-15
4605-16
4606-17
4607-18
4608-19
4609-20
4610-21
4611-22
4612-23
4613-24
4614-
46151800 district court by filing a petition for review with the district
46161801 court clerk of that court within thirty (30) days after the date the
46171802 order was mailed issued to all parties. The mailing date shall be
46181803 specifically stated in the order.
46191804 G. The benefit wages charged to an employer for a given
46201805 calendar year shall be the total of the benefit wages stated in the
46211806 notices given to the employer by the Commission. Provided, that an
46221807 employer shall be relieved of a benefit wage charge if the employer
46231808 proves to the satisfaction of the Commission that the benefit wage
46241809 charge includes wages paid by the employer to any employee or former
46251810 employee, who:
46261811 1. Left employment with that employer, or with his or her last
46271812 employer, voluntarily Voluntarily left employment without good cause
46281813 connected to the work;
46291814 2. Was discharged from such employment for misconduct connected
46301815 with his or her work;
46311816 3. Was a regular scheduled employee of that the separating
46321817 employer prior to the week the employee separated from other
46331818 employment, and continued to work for the employer through the fifth
1819+
1820+SB1800 HFLR Page 36
1821+BOLD FACE denotes Committee Amendments. 1
1822+2
1823+3
1824+4
1825+5
1826+6
1827+7
1828+8
1829+9
1830+10
1831+11
1832+12
1833+13
1834+14
1835+15
1836+16
1837+17
1838+18
1839+19
1840+20
1841+21
1842+22
1843+23
1844+24
1845+
46341846 compensable week of unem ployment in his or her of the established
46351847 benefit year;
46361848 4. Was separated from his or her employment as a direct result
46371849 of a major natural disaster, declared as such by the President
46381850 pursuant to the Disaster Relief Act of 1974, P.L. 93-288, and such
4639-
4640-ENGR. S. B. NO. 1800 Page 36 1
4641-2
4642-3
4643-4
4644-5
4645-6
4646-7
4647-8
4648-9
4649-10
4650-11
4651-12
4652-13
4653-14
4654-15
4655-16
4656-17
4657-18
4658-19
4659-20
4660-21
4661-22
4662-23
4663-24
4664-
46651851 employee would have been entitled to disaster unemployment
46661852 assistance if he or she had not received unemployment in surance
46671853 benefits;
46681854 5. Was discharged by an employer for unsatisfactory performance
46691855 during an initial employment probationary period. As used in this
46701856 paragraph, “probationary period” means a period of time set forth in
46711857 an established probationary plan whic h applies to all employees or a
46721858 specific group of employees and does not exceed ninety (90) calendar
46731859 days from the first day a new employee begins work. The employee
46741860 must be informed of the probationary period within the first seven
46751861 (7) work days. There must be conclusive evidence to establish that
46761862 the individual was separated due to unsatisfactory work performance;
46771863 6. Left employment to attend training approved under the Trade
46781864 Act of 1974 and is allowed unemployment benefits pursuant to Section
46791865 2-416 of this title; or
46801866 7. Was separated from employment for compelling family
46811867 circumstances as defined in Section 2-210 of this title.
46821868 H. If an employer recall s an employee deemed unemployed as
46831869 defined by the Employment Security Act of 1980 and the employee
1870+
1871+SB1800 HFLR Page 37
1872+BOLD FACE denotes Committee Amendments. 1
1873+2
1874+3
1875+4
1876+5
1877+6
1878+7
1879+8
1880+9
1881+10
1882+11
1883+12
1884+13
1885+14
1886+15
1887+16
1888+17
1889+18
1890+19
1891+20
1892+21
1893+22
1894+23
1895+24
1896+
46841897 continues to be employed or the employee voluntarily terminates
46851898 employment or is discharged for misconduct within the benefit year,
46861899 the employer shall be ent itled to have the benefit wage charged
46871900 against the employer ’s experience rating for the employee reduc ed by
4688-
4689-ENGR. S. B. NO. 1800 Page 37 1
4690-2
4691-3
4692-4
4693-5
4694-6
4695-7
4696-8
4697-9
4698-10
4699-11
4700-12
4701-13
4702-14
4703-15
4704-16
4705-17
4706-18
4707-19
4708-20
4709-21
4710-22
4711-23
4712-24
4713-
47141901 the ratio of the number of weeks of remaining eligibility of the
47151902 employee to the total number of weeks of entitlement.
47161903 I. An employer shall not be charged with benefit wages assessed
47171904 a benefit wage charge of a laid-off employee if the employer lists
47181905 as an objection in a statement filed in accordance with subsection B
47191906 of this section that the employee collecting benefits was hired to
47201907 replace a United States serviceman or servicewom an called into
47211908 active duty and laid -off upon the return to work by that serviceman
47221909 or servicewoman. The Unemployment Compensation Fund shall be
47231910 charged with the benefit wages of the laid-off employee.
47241911 J. If the Commission receives a notice of amounts pai d as
47251912 benefits by another state under a reciprocal agreement, and the
47261913 notice is received after three (3) years from the effective date of
47271914 the underlying benefit claim, no benefit wage charge will be made
47281915 against the employer identified in the notice, or if a benefit wage
47291916 charge is made based on such a notice, the employer will be relieved
47301917 of the charge when the facts are brought to the attention of the
47311918 Commission.
47321919 K. An employer shall not be eligible to be relieved of a
47331920 benefit wage charge under paragraphs 1 and 2 of subsection G of this
1921+
1922+SB1800 HFLR Page 38
1923+BOLD FACE denotes Committee Amendments. 1
1924+2
1925+3
1926+4
1927+5
1928+6
1929+7
1930+8
1931+9
1932+10
1933+11
1934+12
1935+13
1936+14
1937+15
1938+16
1939+17
1940+18
1941+19
1942+20
1943+21
1944+22
1945+23
1946+24
1947+
47341948 section if the employer was sent a noti ce of benefit claim, pursuant
47351949 to Section 2-503 of this title, and failed to timely file protest to
47361950 the benefit claim.
4737-
4738-ENGR. S. B. NO. 1800 Page 38 1
4739-2
4740-3
4741-4
4742-5
4743-6
4744-7
4745-8
4746-9
4747-10
4748-11
4749-12
4750-13
4751-14
4752-15
4753-16
4754-17
4755-18
4756-19
4757-20
4758-21
4759-22
4760-23
4761-24
4762-
4763-SECTION 41. AMENDATORY 40 O.S. 2021, Section 3-115, is
1951+SECTION 18. AMENDATORY 40 O.S. 2021, Section 3 -115, is
47641952 amended to read as follows:
47651953 Section 3-115. APPEAL OF DETERMINATIONS. A. If a
47661954 determination is made by the Oklahoma Employment Security Commission
47671955 on any aspect of an employer’s account, and a method of appeal or
47681956 protest of the determination is not set out in the statute or rule
47691957 under which the determ ination was made, the employer ma y appeal or
47701958 protest the determination under the procedure set forth in
47711959 subsection B of this section.
47721960 B. 1. All determinations affecting an employer account must be
47731961 made by the Commission in writing in a Notice of Determin ation and
47741962 mailed to the employer at the employer’s last-known address with the
47751963 mailing date and appeal rights set out in the document. If the
47761964 employer has elected to be notified by electronic means according to
47771965 procedures set out in Oklahoma Employment Se curity Commission rules,
47781966 notice shall be deemed to be given when the Commission transmits the
47791967 notification by electronic means.
47801968 2. Within twenty (20) days after the mailing or transmission of
47811969 the Notice of Determi nation as provided for in paragraph 1 of t his
47821970 subsection, the employer may file with the Commission, or its
47831971 representative, a written request for a review and redetermination
1972+
1973+SB1800 HFLR Page 39
1974+BOLD FACE denotes Committee Amendments. 1
1975+2
1976+3
1977+4
1978+5
1979+6
1980+7
1981+8
1982+9
1983+10
1984+11
1985+12
1986+13
1987+14
1988+15
1989+16
1990+17
1991+18
1992+19
1993+20
1994+21
1995+22
1996+23
1997+24
1998+
47841999 setting forth the employer ’s reasons therefor. If any employer
47852000 fails to file a written request for review and redeterminat ion
47862001 within twenty (20) days witho ut good cause, then the initial
4787-
4788-ENGR. S. B. NO. 1800 Page 39 1
4789-2
4790-3
4791-4
4792-5
4793-6
4794-7
4795-8
4796-9
4797-10
4798-11
4799-12
4800-13
4801-14
4802-15
4803-16
4804-17
4805-18
4806-19
4807-20
4808-21
4809-22
4810-23
4811-24
4812-
48132002 determination of the Commission shall be final, and no further
48142003 appeal or protest shall be allowed.
48152004 3. If a written request for review and redetermin ation is
48162005 filed, the Commission shall provi de for a review and issue a Notic e
48172006 of Redetermination in the matter. The employer may appeal the
48182007 redetermination by filing a written protest appeal within twenty
48192008 (20) days of the date of the mailing of the Notice of
48202009 Redetermination. If the employer fails to file a written protest
48212010 appeal within twenty (20) days without good cause, the
48222011 redetermination of the Commission shall be final and no further
48232012 appeal or protest shall be allowed.
48242013 4. Upon the timely filing of a written protest appeal, the
48252014 Commission shall provide for an oral hearing de novo to allow the
48262015 employer to present evidence in support of the protest appeal. The
48272016 standard of review on appeal shall be de novo . The Commission or
48282017 its representatives shall, by written notice, advise the employer of
48292018 the date of the hearing, which sha ll not be less than ten (10) days
48302019 from the date of the mailing of the written notice. At the
48312020 discretion of the Commission, this hearing shall be conducted by the
48322021 Commission, or by a representative appointed by the Commissi on for
2022+
2023+SB1800 HFLR Page 40
2024+BOLD FACE denotes Committee Amendments. 1
2025+2
2026+3
2027+4
2028+5
2029+6
2030+7
2031+8
2032+9
2033+10
2034+11
2035+12
2036+13
2037+14
2038+15
2039+16
2040+17
2041+18
2042+19
2043+20
2044+21
2045+22
2046+23
2047+24
2048+
48332049 this purpose. The appeali ng party shall bear the initial burden of
48342050 proof at the hearing.
48352051 5. Pursuant to the hearing, the Commission or its
48362052 representative shall, as soon as practicable, make a written order
4837-
4838-ENGR. S. B. NO. 1800 Page 40 1
4839-2
4840-3
4841-4
4842-5
4843-6
4844-7
4845-8
4846-9
4847-10
4848-11
4849-12
4850-13
4851-14
4852-15
4853-16
4854-17
4855-18
4856-19
4857-20
4858-21
4859-22
4860-23
4861-24
4862-
48632053 setting forth its findings of fact and co nclusions of law, and shall
48642054 mail it to the employer at the employer’s last-known address with
48652055 the mailing date and appeal rights set out in the document.
48662056 6. The employer or the Commission may appeal the order to the
48672057 district court of the county in which t he employer has its principal
48682058 place of business by filing a Petition for Review with the clerk of
48692059 the court within thirty (30) days after the date the order was
48702060 mailed to all parties. If the employer does not have a principal
48712061 place of business in any coun ty in Oklahoma this state, then the
48722062 Petition for Review shall be filed with the Oklahoma County District
48732063 Court. All appeals shall be governed by Part 4 of Article 3 of the
48742064 Employment Security Act of 1980. If the employer fails to file an
48752065 appeal to the district cou rt within the time allowed, the order
48762066 shall be final and no further appeal shall be allowed.
48772067 C. Untimely requests for review and redetermination pursuant to
48782068 paragraph 2 of subsection B of this section and written protests for
48792069 appeals filed pursuant to par agraph 3 of subsection B of this
48802070 section may be allowed for good cause shown, if the request for good
48812071 cause is filed in writing with the Commission within one (1) year of
2072+
2073+SB1800 HFLR Page 41
2074+BOLD FACE denotes Committee Amendments. 1
2075+2
2076+3
2077+4
2078+5
2079+6
2080+7
2081+8
2082+9
2083+10
2084+11
2085+12
2086+13
2087+14
2088+15
2089+16
2090+17
2091+18
2092+19
2093+20
2094+21
2095+22
2096+23
2097+24
2098+
48822099 the date of the determination or redetermination that is the basis
48832100 of the request for untimely filing.
4884-SECTION 42. AMENDATORY 40 O.S. 2021, Section 3-307, is
2101+SECTION 19. AMENDATORY 40 O.S. 2021, Section 3-307, is
48852102 amended to read as follows:
4886-
4887-ENGR. S. B. NO. 1800 Page 41 1
4888-2
4889-3
4890-4
4891-5
4892-6
4893-7
4894-8
4895-9
4896-10
4897-11
4898-12
4899-13
4900-14
4901-15
4902-16
4903-17
4904-18
4905-19
4906-20
4907-21
4908-22
4909-23
4910-24
4911-
49122103 Section 3-307. A. All remittance under Section 1-101 et seq.
49132104 of this title shall be made payable to the Oklahoma Employment
49142105 Security Commission at Oklahoma City, Oklahoma, by automatic
49152106 clearinghouse (ACH) debit/credit, financial institution, draft,
49162107 check, cashier’s check, electronic fund transfer, credit card, money
49172108 order or money, and the Commission shall issue its receipt, for ca sh
49182109 or money payment, to the payor. No remittance other than cash shall
49192110 be in final discharge of liability due the Commission unless and
49202111 until it shall have been paid in cash. All monies collected s hall
49212112 be deposited with the State Treasurer. There shall be assessed, in
49222113 addition to any other penalties provided for by law, an
49232114 administrative service fee of Twenty-five Dollars ($25.00) on each
49242115 check returned to the Commission or any agent thereof by rea son of
49252116 the refusal of the financial institution upon which such check was
49262117 drawn to honor the same. There shall be assessed, in addition to
49272118 any other penalties provided for by law, an administrative service
49282119 fee of Twenty-five Dollars ($25.00) on each elect ronic fund transfer
49292120 that fails due to insufficient funds in the payor’s account.
49302121 B. Upon the return of any check by reason of the refusal of the
49312122 financial institution upon which such check was drawn to honor the
2123+
2124+SB1800 HFLR Page 42
2125+BOLD FACE denotes Committee Amendments. 1
2126+2
2127+3
2128+4
2129+5
2130+6
2131+7
2132+8
2133+9
2134+10
2135+11
2136+12
2137+13
2138+14
2139+15
2140+16
2141+17
2142+18
2143+19
2144+20
2145+21
2146+22
2147+23
2148+24
2149+
49322150 same, the Commission may file a bogus check complaint with the
49332151 appropriate district attorney who sha ll refer the complaint to the
49342152 Bogus Check Restitution Program established by Section 111 of Title
49352153 22 of the Oklahoma Statutes. Funds collected through the program
4936-
4937-ENGR. S. B. NO. 1800 Page 42 1
4938-2
4939-3
4940-4
4941-5
4942-6
4943-7
4944-8
4945-9
4946-10
4947-11
4948-12
4949-13
4950-14
4951-15
4952-16
4953-17
4954-18
4955-19
4956-20
4957-21
4958-22
4959-23
4960-24
4961-
49622154 after collection of the fee a uthorized by Section 114 of Title 22 of
49632155 the Oklahoma Statutes f or deposit in the Bogus Check Restitution
49642156 Program Fund in the county treasury shall be transmitted to the
49652157 Commission and credited to the liability for which the returned
49662158 check was drawn along with the administrative service fee provided
49672159 by this section.
49682160 C. The Commission shall promulgate rules for the deadlines of
49692161 payment of unemployment taxes and the method of payment.
4970-SECTION 43. AMENDATORY 40 O.S. 2021, Section 4-205, is
2162+SECTION 20. AMENDATORY 40 O.S. 2021, Section 4 -205, is
49712163 amended to read as follows:
49722164 Section 4-205. TEMPORARY MEMBERS. In the event of the
49732165 disqualification of one member of the Board of Review from the
49742166 hearing and determination of a claim for benefits, the Govern or
49752167 shall designate a fourth, temporary member to serve as an
49762168 alternative member. In the event of the disqualification of two or
49772169 more members of the Board of Review from the hearing and
49782170 determination on a claim for benefits, the Governor shall designate
49792171 by appointment temporary members to serve as alternate members,
49802172 such. Such alternates to shall be paid traveling expenses incurred
49812173 in the performance of their duties as provided in the State Travel
2174+
2175+SB1800 HFLR Page 43
2176+BOLD FACE denotes Committee Amendments. 1
2177+2
2178+3
2179+4
2180+5
2181+6
2182+7
2183+8
2184+9
2185+10
2186+11
2187+12
2188+13
2189+14
2190+15
2191+16
2192+17
2193+18
2194+19
2195+20
2196+21
2197+22
2198+23
2199+24
2200+
49822201 Reimbursement Act. The Governor may at any time, after notice and
49832202 hearing, remove any member for cause .
4984-SECTION 44. AMENDATORY 40 O. S. 2021, Section 4-508, is
2203+SECTION 21. AMENDATORY 40 O. S. 2021, Section 4-508, is
49852204 amended to read as follows:
4986-
4987-ENGR. S. B. NO. 1800 Page 43 1
4988-2
4989-3
4990-4
4991-5
4992-6
4993-7
4994-8
4995-9
4996-10
4997-11
4998-12
4999-13
5000-14
5001-15
5002-16
5003-17
5004-18
5005-19
5006-20
5007-21
5008-22
5009-23
5010-24
5011-
50122205 Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL -
50132206 DISCLOSURE.
50142207 A. Except as otherwise provided by law, information obtained
50152208 from any employing unit or individual pursuant to the administrat ion
50162209 of the Employment Security Act of 1980, any workforce system program
50172210 administered or monitored by the Oklahoma Employment Security
50182211 Commission, and determination s as to the benefit rights of any
50192212 individual shall be kept confidential and shall not be dis closed or
50202213 be open to public inspection in any manner revealing the
50212214 individual’s or employing unit’s identity. Any claimant, employer,
50222215 or agent of either as auth orized in writing, shall be supplied with
50232216 information from the records of the Oklahoma Employme nt Security
50242217 Commission, to the extent necessary for the proper presentation of
50252218 the claim or complaint in any proceeding under the Employment
50262219 Security Act of 1980 , with respect thereto.
50272220 B. Upon receipt of written request by any employer who
50282221 maintains a Supplemental Unemployment Benefit (SUB) Plan, the
50292222 Commission or its designated representative may release to that
50302223 employer information regarding weekly benefit amo unts paid its
50312224 workers during a specified temporary layoff period, provided the
2225+
2226+SB1800 HFLR Page 44
2227+BOLD FACE denotes Committee Amendments. 1
2228+2
2229+3
2230+4
2231+5
2232+6
2233+7
2234+8
2235+9
2236+10
2237+11
2238+12
2239+13
2240+14
2241+15
2242+16
2243+17
2244+18
2245+19
2246+20
2247+21
2248+22
2249+23
2250+24
2251+
50322252 Supplemental Unemployment Benefit (SUB) Plan requires benefit
50332253 payment information before Supplemental Unemployment Benefits can be
50342254 paid to the workers. Any information disclose d under this provision
5035-
5036-ENGR. S. B. NO. 1800 Page 44 1
5037-2
5038-3
5039-4
5040-5
5041-6
5042-7
5043-8
5044-9
5045-10
5046-11
5047-12
5048-13
5049-14
5050-15
5051-16
5052-17
5053-18
5054-19
5055-20
5056-21
5057-22
5058-23
5059-24
5060-
50612255 shall be utilized solely for the purpose outlined herein and shall
50622256 be held strictly confidential by the employer.
50632257 C. The provisions of this section shall not prevent the
50642258 Commission from disclosing the following information and no
50652259 liability whatsoever, civil or criminal, shall attach to any member
50662260 of the Commission or any emp loyee thereof for any error or omission
50672261 in the disclosure of this information:
50682262 1. The delivery to taxpayer or claimant a copy of any report or
50692263 other paper filed by the taxpayer or claimant pursuant to the
50702264 Employment Security Act of 1980;
50712265 2. The disclosure of information to any person for a purpose as
50722266 authorized by the taxpayer or claimant pursuant to a waiver of
50732267 confidentiality. The waiver shall be in writing and shall be
50742268 notarized;
50752269 3. The Oklahoma Department of Commerce may have access to data
50762270 obtained pursuant to the Employment Security Act of 1980 pursuant to
50772271 rules promulgated by the Commission. The information obtained shall
50782272 be held confidential by the Department and any of its agents and
50792273 shall not be disclosed or be open to public inspection. T he
50802274 Oklahoma Department of Commerce, however, may release aggregated
2275+
2276+SB1800 HFLR Page 45
2277+BOLD FACE denotes Committee Amendments. 1
2278+2
2279+3
2280+4
2281+5
2282+6
2283+7
2284+8
2285+9
2286+10
2287+11
2288+12
2289+13
2290+14
2291+15
2292+16
2293+17
2294+18
2295+19
2296+20
2297+21
2298+22
2299+23
2300+24
2301+
50812302 data, either by industry or county, provided that the aggregation
50822303 meets disclosure requiremen ts of the Commission;
50832304 4. The publication of statistics so classified as to prevent
50842305 the identification of a particular report and the items thereof;
5085-
5086-ENGR. S. B. NO. 1800 Page 45 1
5087-2
5088-3
5089-4
5090-5
5091-6
5092-7
5093-8
5094-9
5095-10
5096-11
5097-12
5098-13
5099-14
5100-15
5101-16
5102-17
5103-18
5104-19
5105-20
5106-21
5107-22
5108-23
5109-24
5110-
51112306 5. The disclosing of information or evidence to the Attorney
51122307 General or any district attorney when the i nformation or evidence is
51132308 to be used by the officials or other parties to the proceedings to
51142309 prosecute or defend allegations of violations of the Employment
51152310 Security Act of 1980. The information disclosed to the Attorney
51162311 General or any district attorney s hall be kept confidential by them
51172312 and not be disclosed except when presented to a court in a
51182313 prosecution of a violation of Section 1-101 et seq. of this title,
51192314 and a violation by the Attorney General or district attorney by
51202315 otherwise releasing the informat ion shall be a felony;
51212316 6. The furnishing, at the discretion of the Commission, of any
51222317 information disclosed by the records or files to any official person
51232318 or body of this state, any other state or of the United States who
51242319 is concerned with the administra tion of assessment of any similar
51252320 tax in this state, any other state or the United States;
51262321 7. The furnishing of information to other state agencies for
51272322 the limited purpose of aiding in the collection of debts owed by
51282323 individuals to the requesting agencie s or the Oklahoma Employment
51292324 Security Commission;
2325+
2326+SB1800 HFLR Page 46
2327+BOLD FACE denotes Committee Amendments. 1
2328+2
2329+3
2330+4
2331+5
2332+6
2333+7
2334+8
2335+9
2336+10
2337+11
2338+12
2339+13
2340+14
2341+15
2342+16
2343+17
2344+18
2345+19
2346+20
2347+21
2348+22
2349+23
2350+24
2351+
51302352 8. The release of information to employees of the Oklahoma
51312353 Department of Transportation required for use in federally mandated
51322354 regional transportation planning, which is performed as a part of
51332355 its official duties;
5134-
5135-ENGR. S. B. NO. 1800 Page 46 1
5136-2
5137-3
5138-4
5139-5
5140-6
5141-7
5142-8
5143-9
5144-10
5145-11
5146-12
5147-13
5148-14
5149-15
5150-16
5151-17
5152-18
5153-19
5154-20
5155-21
5156-22
5157-23
5158-24
5159-
51602356 9. The release of information to employees of the Oklahoma
51612357 State Treasurer’s office required to verify or evaluate the
51622358 effectiveness of the Oklahoma Small Business Linked Deposit Program
51632359 on job creation;
51642360 10. The release of information to employees of the Attorney
51652361 General, the Department of Labor, the Workers ’ Compensation
51662362 Commission and the Insurance Depa rtment for use in investigation of
51672363 workers’ compensation fraud;
51682364 11. The release of information to employees of any Oklahoma
51692365 state, Oklahoma county, Oklahoma municipal or Oklahoma tribal law
51702366 enforcement agency for use in criminal inves tigations and the
51712367 location of missing persons or fugitives from justice;
51722368 12. The release of information to employees of the Center of
51732369 International Trade, Oklahom a State University, required for the
51742370 development of International Trade for employers doing business in
51752371 the State of Oklahoma this state;
51762372 13. The release of information to employees of the Oklahoma
51772373 State Regents for Higher Education required for use in the default
51782374 prevention efforts and/or collection of defaulted student loans
51792375 guaranteed by the Okl ahoma Guaranteed Student Loan Program. Any
2376+
2377+SB1800 HFLR Page 47
2378+BOLD FACE denotes Committee Amendments. 1
2379+2
2380+3
2381+4
2382+5
2383+6
2384+7
2385+8
2386+9
2387+10
2388+11
2389+12
2390+13
2391+14
2392+15
2393+16
2394+17
2395+18
2396+19
2397+20
2398+21
2399+22
2400+23
2401+24
2402+
51802403 information disclosed under this provision shall be utilized solely
51812404 for the purpose outlined herein and shall be held strictly
51822405 confidential by the Oklahoma State Regents for Higher Education;
5183-
5184-ENGR. S. B. NO. 1800 Page 47 1
5185-2
5186-3
5187-4
5188-5
5189-6
5190-7
5191-8
5192-9
5193-10
5194-11
5195-12
5196-13
5197-14
5198-15
5199-16
5200-17
5201-18
5202-19
5203-20
5204-21
5205-22
5206-23
5207-24
5208-
52092406 14. The release of information to employees of the Oklahoma
52102407 Department of Career and Technology Education, the Oklahoma State
52112408 Regents for Higher Education, the Center for Economic and Management
52122409 Research of the University of Oklahoma, the Center for Economic and
52132410 Business Development at Southwestern Oklahoma State University or a
52142411 center of economic and business research or development at a
52152412 comprehensive or regional higher education institution within The
52162413 Oklahoma State System of Higher Education required to identify
52172414 economic trends or educational outcomes. The information obtained
52182415 shall be kept confidential by the Oklahoma Department of Career and
52192416 Technology Education, the Oklahoma State Regents for Higher
52202417 Education and the higher education institution and sha ll not be
52212418 disclosed or be open to public inspection. The Oklahoma Department
52222419 of Career and Technology Education, the Oklahoma State Regents for
52232420 Higher Education and the higher education institution may release
52242421 aggregated data, provided that the aggregatio n meets disclosure
52252422 requirements of the Commission;
52262423 15. The release of information to employees of the Office of
52272424 Management and Enterprise Services required to identify economic
52282425 trends. The information obtained shall be kept confidential b y the
52292426 Office of Management and Enterpr ise Services and shall not be
2427+
2428+SB1800 HFLR Page 48
2429+BOLD FACE denotes Committee Amendments. 1
2430+2
2431+3
2432+4
2433+5
2434+6
2435+7
2436+8
2437+9
2438+10
2439+11
2440+12
2441+13
2442+14
2443+15
2444+16
2445+17
2446+18
2447+19
2448+20
2449+21
2450+22
2451+23
2452+24
2453+
52302454 disclosed or be open to public inspection. The Office of Management
52312455 and Enterprise Services may release aggregate data, provided that
5232-
5233-ENGR. S. B. NO. 1800 Page 48 1
5234-2
5235-3
5236-4
5237-5
5238-6
5239-7
5240-8
5241-9
5242-10
5243-11
5244-12
5245-13
5246-14
5247-15
5248-16
5249-17
5250-18
5251-19
5252-20
5253-21
5254-22
5255-23
5256-24
5257-
52582456 the aggregation meets disclosure requirements of the Oklahoma
52592457 Employment Security Commission;
52602458 16. The release of information to employees of the Department
52612459 of Mental Health and Substance Abuse Services required to evaluate
52622460 the effectiveness of mental health and substance abuse treatment and
52632461 state or local programs utilized to divert persons fr om inpatient
52642462 treatment. The information obtained shall be kept confidential by
52652463 the Department and shall not be disclosed or be open to public
52662464 inspection. The Department of Mental Health and Substance A buse
52672465 Services, however, may release aggregated data, either by treatment
52682466 facility, program or larger aggregate units, provided that the
52692467 aggregation meets disclosure requirements of the Oklahoma Employment
52702468 Security Commission;
52712469 17. The release of information to employees of the Attorney
52722470 General, the Oklahoma State Bureau of Investigation and the
52732471 Insurance Department for use in the investigation of insurance fraud
52742472 and health care fraud;
52752473 18. The release of information to employees of public housing
52762474 agencies for purposes of determining eligibility pursuant to 42
52772475 U.S.C., Section 503(i);
52782476 19. The release of wage and benefit claim information, at the
52792477 discretion of the Commission, to an agency of this state or its
2478+
2479+SB1800 HFLR Page 49
2480+BOLD FACE denotes Committee Amendments. 1
2481+2
2482+3
2483+4
2484+5
2485+6
2486+7
2487+8
2488+9
2489+10
2490+11
2491+12
2492+13
2493+14
2494+15
2495+16
2496+17
2497+18
2498+19
2499+20
2500+21
2501+22
2502+23
2503+24
2504+
52802505 political subdivisions that operate a program o r activity designated
52812506 as a required partner in the Wor kforce Innovation and Opportunity
5282-
5283-ENGR. S. B. NO. 1800 Page 49 1
5284-2
5285-3
5286-4
5287-5
5288-6
5289-7
5290-8
5291-9
5292-10
5293-11
5294-12
5295-13
5296-14
5297-15
5298-16
5299-17
5300-18
5301-19
5302-20
5303-21
5304-22
5305-23
5306-24
5307-
53082507 Act One-Stop delivery system pursuant to 29 U.S.C.A., Section
53092508 3151(b)(1), based on a showing of need made to the Commission and
53102509 after an agreement concerning the releas e of information is entered
53112510 into with the entity recei ving the information. For the limited
53122511 purpose of completing performance accountability reports required by
53132512 the Workforce Innovation and Opportunity Act, only those designated
53142513 required partners that mee t the 20 CFR Section 603.2(d) definition
53152514 of public official may contract with a private agent or contractor
53162515 pursuant to 20 CFR Section 603.5(f) for the purpose of the private
53172516 agent or contractor receiving confidential unemployment compensation
53182517 information to the extent necessary to complete the performance
53192518 accountability reports;
53202519 20. The release of information to the State Wage Interchange
53212520 System, at the discretion of the Commission;
53222521 21. The release of information to the Bureau of the Census of
53232522 the U.S. Department of Commerce , the Bureau of Labor Statistics of
53242523 the U.S. Department of Labor, and its agents employed by the
53252524 Department of Labor for the purpose of economic and statistical
53262525 research;
53272526 22. The release of employer tax information and benefit claim
53282527 information to the Oklahoma Health Care Authority for use in
53292528 determining eligibility for a program that will provide subsidies
2529+
2530+SB1800 HFLR Page 50
2531+BOLD FACE denotes Committee Amendments. 1
2532+2
2533+3
2534+4
2535+5
2536+6
2537+7
2538+8
2539+9
2540+10
2541+11
2542+12
2543+13
2544+14
2545+15
2546+16
2547+17
2548+18
2549+19
2550+20
2551+21
2552+22
2553+23
2554+24
2555+
53302556 for health insurance premiums for qualif ied employers, employees,
53312557 self-employed persons and unemployed persons;
5332-
5333-ENGR. S. B. NO. 1800 Page 50 1
5334-2
5335-3
5336-4
5337-5
5338-6
5339-7
5340-8
5341-9
5342-10
5343-11
5344-12
5345-13
5346-14
5347-15
5348-16
5349-17
5350-18
5351-19
5352-20
5353-21
5354-22
5355-23
5356-24
5357-
53582558 23. The release of emplo yer tax information and benefit claim
53592559 information to the State Department of Rehabilitation Services for
53602560 use in assessing results and outcomes of clients serve d;
53612561 24. The release of information to any state or federal law
53622562 enforcement authority when necessa ry in the investigation of any
53632563 crime in which the Commis sion is a victim. Information that is
53642564 confidential under this section shall be held confidential by t he
53652565 law enforcement authority unless and un til it is required for use in
53662566 court in the prosecution o f a defendant in a criminal prosecution;
53672567 25. The release of information to vendors that contract with
53682568 the Oklahoma Employment Security Commission to provide for the
53692569 issuance of debit cards, to conduc t electronic fund transfers, to
53702570 perform computer program ming operations, or to perform computer
53712571 maintenance or replacement operations; provided the vendor agrees to
53722572 protect and safeguard the information it receive s and to destroy the
53732573 information when no lo nger needed for the purposes set out in the
53742574 contract;
53752575 26. The release of information to employees of the Office of
53762576 Juvenile Affairs for use in assessing results and outcomes of
53772577 clients served as well as the effe ctiveness of state and local
53782578 juvenile and justice programs including prevention and t reatment
53792579 programs. The information obtained shall be kept confidential by
2580+
2581+SB1800 HFLR Page 51
2582+BOLD FACE denotes Committee Amendments. 1
2583+2
2584+3
2585+4
2586+5
2587+6
2588+7
2589+8
2590+9
2591+10
2592+11
2593+12
2594+13
2595+14
2596+15
2597+16
2598+17
2599+18
2600+19
2601+20
2602+21
2603+22
2604+23
2605+24
2606+
53802607 the Office of Juvenile Affairs and shall not be disclosed or be open
53812608 to public inspection. The Office of Juvenile Affairs may release
5382-
5383-ENGR. S. B. NO. 1800 Page 51 1
5384-2
5385-3
5386-4
5387-5
5388-6
5389-7
5390-8
5391-9
5392-10
5393-11
5394-12
5395-13
5396-14
5397-15
5398-16
5399-17
5400-18
5401-19
5402-20
5403-21
5404-22
5405-23
5406-24
5407-
54082609 aggregated data for programs or larger aggrega te units, provided
54092610 that the aggregation meets disclosure requirements o f the Oklahoma
54102611 Employment Security Commission;
54112612 27. The release of information to vendors that cont ract with
54122613 the State of Oklahoma for the purpo se of providing a public
54132614 electronic labor exchange system that will support the Oklahoma
54142615 Employment Security Com mission’s operation of an employment service
54152616 system to connect employers with job seekers and milit ary veterans.
54162617 This labor exchange system wou ld enhance the stability and security
54172618 of Oklahoma’s economy as well as support the provision of veterans ’
54182619 priority of service. The vendors may perform computer programming
54192620 operations, perform computer maintenan ce or replacement operations,
54202621 or host the electronic solution; provided , each vendor agrees to
54212622 protect and safeguard all information received, that no inform ation
54222623 shall be disclosed to any third party, that the use of the
54232624 information shall be restricted to the scope of the contract, and
54242625 that the vendor shall properly dispose of all informati on when no
54252626 longer needed for the purposes set out in the contract; or
54262627 28. The release of employer tax information and benefit claim
54272628 information to employees of a county public defender’s office in the
54282629 State of Oklahoma this state and the Oklahoma Indigent Defense
2630+
2631+SB1800 HFLR Page 52
2632+BOLD FACE denotes Committee Amendments. 1
2633+2
2634+3
2635+4
2636+5
2637+6
2638+7
2639+8
2640+9
2641+10
2642+11
2643+12
2644+13
2645+14
2646+15
2647+16
2648+17
2649+18
2650+19
2651+20
2652+21
2653+22
2654+23
2655+24
2656+
54292657 System for the purpose of determining financial eligibility f or the
54302658 services provided by such entities.
5431-
5432-ENGR. S. B. NO. 1800 Page 52 1
5433-2
5434-3
5435-4
5436-5
5437-6
5438-7
5439-8
5440-9
5441-10
5442-11
5443-12
5444-13
5445-14
5446-15
5447-16
5448-17
5449-18
5450-19
5451-20
5452-21
5453-22
5454-23
5455-24
5456-
54572659 D. Subpoenas to compel disclosure of information made
54582660 confidential by this statute shall not be valid, except fo r
54592661 administrative subpoenas issued by fede ral, state, or local
54602662 governmental agencies that have been g ranted subpoena power by
54612663 statute or ordinance. Confidential information maintained by the
54622664 Commission can be obtained by order of a court of record that
54632665 authorizes the release of the records in wri ting. All
54642666 administrative subpoenas or court orders for pro duction of documents
54652667 must provide a minimum of twenty (20) days from the date it is
54662668 served for the Commission to produce the documents. If the date on
54672669 which production of the documents is required is less than twenty
54682670 (20) days from the date of service, th e subpoena or order shall be
54692671 considered void on its face as an undue burden or hardship on the
54702672 Commission. All administrative subpoenas, court orders or no tarized
54712673 waivers of confidentiality author ized by paragraph 2 of subsection C
54722674 of this section shall b e presented with a request for records within
54732675 ninety (90) days of the date the document is issued or signed, and
54742676 the document can only be used one time to o btain records.
54752677 E. Should any of the disc losures provided for in this section
54762678 require more than casu al or incidental staff time, the Commission
54772679 shall charge the cost of the staff time to the party requesting the
54782680 information.
2681+
2682+SB1800 HFLR Page 53
2683+BOLD FACE denotes Committee Amendments. 1
2684+2
2685+3
2686+4
2687+5
2688+6
2689+7
2690+8
2691+9
2692+10
2693+11
2694+12
2695+13
2696+14
2697+15
2698+16
2699+17
2700+18
2701+19
2702+20
2703+21
2704+22
2705+23
2706+24
2707+
54792708 F. It is further provided that the provisions of this section
54802709 shall be strictly interpreted and shall not be construed as
5481-
5482-ENGR. S. B. NO. 1800 Page 53 1
5483-2
5484-3
5485-4
5486-5
5487-6
5488-7
5489-8
5490-9
5491-10
5492-11
5493-12
5494-13
5495-14
5496-15
5497-16
5498-17
5499-18
5500-19
5501-20
5502-21
5503-22
5504-23
5505-24
5506-
55072710 permitting the disclosure of any other information contained in the
55082711 records and files of the Commission.
5509-SECTION 45. REPEALER 40 O.S. 2021, Sections 1-202, 1-
2712+SECTION 22. REPEALER 40 O.S. 2021, Sections 1-202, 1-
55102713 202.2, 1-203, 1-204, 1-205, 1-206, 1-207, 1-211, 1-212, 1-213, 1-
55112714 215, 1-216, 1-219, 1-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-
55122715 711, 2-713, and 3-118, are hereby repealed.
5513-SECTION 46. This act shall become effective November 1, 2022.
5514-Passed the Senate the 9th day of March, 2022.
5515-
5516-
5517-
5518- Presiding Officer of the Senate
5519-
5520-
5521-Passed the House of Representatives the ____ day of __________,
5522-2022.
5523-
5524-
5525-
5526- Presiding Officer of the House
5527- of Representatives
5528-
5529-
2716+SECTION 23. This act shall become effective November 1, 2022.
2717+
2718+COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/18/2022 - DO PASS.