Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB794 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-
4		-
5		-	An Act
6		-	ENROLLED SENATE
7		-	BILL NO. 794 By: Leewright of the Senate
	3	+	ENGR. H. A. to ENGR. S. B. NO. 794 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 . 794 By: Leewright of the Senate
8	31
9	32		and
10	33
11	34		Wallace of the House
12		-
13	35
14	36
15	37
16	38
17	39		An Act relating to the Oklahoma Employment Security
18	40		Commission; amending 40 O.S. 2011, Section 1 -210, as
19	41		last amended by Section 2, Chapter 342, O.S.L. 2019
20	42		(40 O.S. Supp. 2020, Section 1 -210), which relates to
21	43		employment; modifying statutory language; deleting
22	44		gender references; amending 40 O.S. 2011, Section 1 -
23	45		224, as amended by Section 2, Chapter 71, O.S.L. 2013
24	46		(40 O.S. Supp. 2020, Section 1-224), which relates to
25	47		filing; making e-file preference for filing;
26	48		requiring notice for other filing methods; deleting
27	49		statutory language; amending 40 O.S. 2011, Section 2 -
28	50		203, as last amended by Section 3, Chapter 251,
29	51		O.S.L. 2019 (40 O.S. Su pp. 2020, Section 2-203),
30	52		which relates to claims; providing digital portal for
31	53		claims; amending 40 O.S. 2011, Section 2 -209, as last
32	54		amended by Section 2, Chapter 14, O.S.L. 2018 (40
33	55		O.S. Supp. 2020, Section 2 -209), which relates to
34	56		benefits for nonprofit employers; exempting certain
35	57		persons from certain benefits; amending 40 O.S. 2011,
36	58		Section 2-406, as last amended by Section 3, Chapter
37	59		220, O.S.L. 2014 (40 O.S. Supp. 2020, Section 2 -406),
38	60		which relates to discharge for misconduct; modifying
39	61		statutory language; amending Section 1, Chapter 338,
40	62		O.S.L. 2016 (40 O.S. Supp. 2020, Section 2 -422),
41	63		which relates to seasonal workers; providing certain
42	64		benefits between seasonal and nonseasonal periods;
43	65		providing for claims on terminated seasonal
44	66		employees; amending 40 O.S. 2011, Section 2 -503, as
45	67		last amended by Section 5, Chapter 251, O.S.L. 2019
46	68		(40 O.S. Supp. 2020, Section 2 -503), which relates to
47	69		notice and objections; construing certain notices;
48		-
49		-	ENR. S. B. NO. 794 Page 2
	70	+	providing certain notices by e -filing; stating time
	71	+	for notices; permitting objections by e -filing;
	72	+	listing reasons for objection; amending 40 O.S. 2011,
	73	+	Section 2-610, which relates to judicial review;
	74	+	modifying language; amending 40 O.S. 2011, Section 2 -
	75	+
	76	+	ENGR. H. A. to ENGR. S. B. NO. 794 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	+
	101	+	616, as amended by Section 7, Chapter 71, O.S.L. 2013
	102	+	(40 O.S. Supp. 2020, Section 2-616), which relates to
	103	+	overpayment; distinguishing fraud and claimant error
	104	+	in overpayment; providing appeal process; stating
	105	+	time for appeal; making determination final without
	106	+	appeal; amending 40 O.S. 2011, Section 2 -801, as
	107	+	amended by Section 9, Chapter 14, O.S.L. 2018 (40
	108	+	O.S. Supp. 2020, Section 2 -801), which relates to
	109	+	child support collection; modifying methods for
	110	+	notification of child support; deleting statutory
	111	+	language; amending 40 O.S. 2011, Section 3 -106.1,
	112	+	which relates to benefit wages charged; exempting
	113	+	certain benefit wages for pandemic; amending 40 O.S.
	114	+	2011, Section 3-307, which relates to remittances;
	115	+	providing for automatic clearinghouse (ACH) payments;
	116	+	authorizing certain payments set by Commission;
	117	+	establishing a fiduciary duty to return overpayments
	118	+	to employers; allowing for forfeiture after certain
	119	+	time; construing when fiduciary duty is complete;
	120	+	prohibiting employer request for overpayment return
	121	+	after certain time; directing deposit of certain
	122	+	returns to certain account; amending 40 O.S. 2011,
	123	+	Section 4-108, which relates to executive director;
	124	+	deleting authority to appoint certain persons;
	125	+	deleting authority to reinstate personnel; amending
	126	+	40 O.S. 2011, Section 4 -311, which relates to
	127	+	published rules; requirin g reports be published on
	128	+	website; amending 40 O.S. 2011, Section 4 -312, as
	129	+	amended by Section 130, Chapter 304, O.S.L. 2012 (40
	130	+	O.S. Supp. 2020, Section 4 -312), which relates to
	131	+	personnel compensation; deleting authority to
	132	+	delegate powers; amending 40 O. S. 2011, Section 4-
	133	+	508, as last amended by Section 10, Chapter 251,
	134	+	O.S.L. 2019 (40 O.S. Supp. 2020, Section 4 -508),
	135	+	which relates to confidential information; deleting
	136	+	Metropolitan Planning Organization for receipt of
	137	+	certain information; adding Oklahoma Department of
	138	+	Career and Technology Education and Oklahoma State
	139	+	Regents for Higher Education for receipt of certain
	140	+	information; authorizing certain partners of the
	141	+	Workforce Innovation and Opportunity Act to receive
	142	+	certain information; amending 40 O.S. 2011, Section
	143	+	5-107, which relates to wrongful disclosure of
	144	+	information; expanding wrongful disclosure of
	145	+	information; providing for codification; and
	146	+	providing an effective date.
	147	+
	148	+
	149	+	ENGR. H. A. to ENGR. S. B. NO. 794 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	+	AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
	175	+	and replace with:
	176	+
	177	+
	178	+
	179	+
	180	+	"An Act relating to the Oklahoma Employment Security
	181	+	Commission; amending 40 O.S. 2011, Section 1 -210, as
	182	+	last amended by Section 2, Chapter 342, O.S.L. 2019
	183	+	(40 O.S. Supp. 2020, Section 1 -210), which relates to
	184	+	employment; modifying statut ory language; deleting
	185	+	gender references; amending 40 O.S. 2011, Section 1 -
	186	+	224, as amended by Section 2, Chapter 71, O.S.L. 2013
	187	+	(40 O.S. Supp. 2020, Section 1 -224), which relates to
	188	+	filing; making e-file preference for filing;
	189	+	requiring notice for other f iling methods; deleting
	190	+	statutory language; amending 40 O.S. 2011, Section 2 -
	191	+	203, as last amended by Section 3, Chapter 251,
	192	+	O.S.L. 2019 (40 O.S. Supp. 2020, Section 2 -203),
	193	+	which relates to claims; providing digital portal for
	194	+	claims; amending 40 O.S. 201 1, Section 2-209, as last
	195	+	amended by Section 2, Chapter 14, O.S.L. 2018 (40
	196	+	O.S. Supp. 2020, Section 2 -209), which relates to
	197	+	benefits for nonprofit employers; exempting certain
	198	+	persons from certain benefits; amending 40 O.S. 2011,
	199	+	Section 2-406, as last amended by Section 3, Chapter
	200	+	220, O.S.L. 2014 (40 O.S. Supp. 2020, Section 2 -406),
	201	+	which relates to discharge for misconduct; modifying
	202	+	statutory language; amending Section 1, Chapter 338,
	203	+	O.S.L. 2016 (40 O.S. Supp. 2020, Section 2 -422),
	204	+	which relates to seasonal workers; providing certain
	205	+	benefits between seasonal and nonseasonal periods;
	206	+	providing for claims on terminated seasonal
	207	+	employees; amending 40 O.S. 2011, Section 2 -503, as
	208	+	last amended by Section 5, Chapter 251, O.S.L. 2019
	209	+	(40 O.S. Supp. 2020, S ection 2-503), which relates to
	210	+	notice and objections; construing certain notices;
50	211		providing certain notices by e -filing; stating time
51	212		for notices; permitting objections by e -filing;
52	213		listing reasons for objection; amending 40 O.S. 2011,
53	214		Section 2-610, which relates to judicial review;
54	215		modifying language; amending 40 O.S. 2011, Section 2 -
55	216		616, as amended by Section 7, Chapter 71, O.S.L. 2013
56	217		(40 O.S. Supp. 2020, Section 2 -616), which relates to
57	218		overpayment; distinguishing fraud and claimant error
58	219		in overpayment; providing appeal process; stating
59	220		time for appeal; making determination final without
	221	+
	222	+	ENGR. H. A. to ENGR. S. B. NO. 794 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	+
60	247		appeal; amending 40 O.S. 2011, Section 2 -801, as
61	248		amended by Section 9, Chapter 14, O.S.L. 2018 (40
62	249		O.S. Supp. 2020, Section 2 -801), which relates to
63	250		child support collection; modifying methods for
64	251		notification of child support; deleting statutory
65	252		language; amending 40 O.S. 2011, Section 3 -106.1,
66	253		which relates to benefit wages charged; exempting
67	254		certain benefit wages for pandemic; amending 40 O.S.
68	255		2011, Section 3-307, which relates to remittances;
69	256		providing for automatic clearinghouse payments;
70	257		authorizing certain payment methods; establishing a
71	258		fiduciary duty to return overpayments to employers;
72	259		allowing for forfeiture after certain time;
73	260		construing when fiduciary duty is complete;
74	261		prohibiting employer request for overpayment return
75	262		after certain time; directing deposit of certain
76	263		returns to certain account; amending 40 O.S. 2011,
77	264		Section 4-108, which relates to executive director;
78	265		deleting authority to appoint certain p ersons;
79	266		deleting authority to reinstate personnel; amending
80	267		40 O.S. 2011, Section 4 -311, which relates to
81	268		published rules; requiring reports be published on
82	269		website; amending 40 O.S. 2011, Section 4 -312, as
83	270		amended by Section 130, Chapter 304, O.S.L. 2012 (40
84	271		O.S. Supp. 2020, Section 4 -312), which relates to
85	272		personnel compensation; deleting authority to
86	273		delegate powers; amending 40 O.S. 2011, Section 4 -
87	274		508, as last amended by Section 10, Chapter 251,
88	275		O.S.L. 2019 (40 O.S. Supp. 2020, Section 4 -508),
89	276		which relates to confidential information; deleting
90	277		Metropolitan Planning Organization for receipt of
91	278		certain information; adding Oklahoma Department of
92		-
93		-	ENR. S. B. NO. 794 Page 3
94	279		Career and Technology Education and Oklahoma State
95	280		Regents for Higher Education for receipt of certain
96	281		information; authorizing certain partners of the
97	282		Workforce Innovation and Opportunity Act to receive
98	283		certain information; amending 40 O.S. 2011, Section
99	284		5-107, which relates to wrongful disclosure of
100	285		information; expanding wrongful disclosure of
101	286		information; providing for codification; and
102	287		providing an effective date.
103	288
104	289
105	290
106	291
107		-	SUBJECT: Oklahoma Employment Security Commission
108	292
109	293		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	294	+
	295	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 5 1
	296	+	2
	297	+	3
	298	+	4
	299	+	5
	300	+	6
	301	+	7
	302	+	8
	303	+	9
	304	+	10
	305	+	11
	306	+	12
	307	+	13
	308	+	14
	309	+	15
	310	+	16
	311	+	17
	312	+	18
	313	+	19
	314	+	20
	315	+	21
	316	+	22
	317	+	23
	318	+	24
110	319
111	320		SECTION 1. AMENDATORY 40 O.S. 2011, Section 1 -210, as
112	321		last amended by Section 2, Chapter 342, O.S.L. 2019 (40 O.S. Supp.
113	322		2020, Section 1-210), is amended to read as follows:
114		-
115	323		Section 1-210. EMPLOYMENT.
116		-
117	324		"Employment" means:
118		-
119	325		(1) Any service, including service in interstate commerce,
120	326		performed by:
121		-
122	327		(a) any officer of a corporation; or
123		-
124	328		(b) any individual who, under the usua l common-law rules
125	329		applicable in determining the employer -employee
126	330		relationship, as provided in paragraph (14) of this
127	331		section, has the status of an employee.
128		-
129	332		(2) (a) any service, including service in interstate commerce,
130	333		performed by any individual other than an individual
131	334		who is an employee under paragraph (1) of this section
132	335		who performs services for remuneration for any person:
133		-
134	336		(i) as an agent-driver or commission -driver engaged
135	337		in distributing meat products, vegetable
136		-
137		-	ENR. S. B. NO. 794 Page 4
138	338		products, fruit products, bakery p roducts,
139	339		beverages other than milk, or laundry or dry
140	340		cleaning services, for his or her the
141	341		individual's principal; or
142		-
143	342		(ii) as a traveling or city salesperson, other than as
144	343		an agent-driver or commission -driver, engaged
	344	+
	345	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 6 1
	346	+	2
	347	+	3
	348	+	4
	349	+	5
	350	+	6
	351	+	7
	352	+	8
	353	+	9
	354	+	10
	355	+	11
	356	+	12
	357	+	13
	358	+	14
	359	+	15
	360	+	16
	361	+	17
	362	+	18
	363	+	19
	364	+	20
	365	+	21
	366	+	22
	367	+	23
	368	+	24
	369	+
145	370		upon a full-time basis in the solici tation on
146	371		behalf of, and the transmission to, his or her an
147	372		individual's principal, except for sideline sales
148	373		activities on behalf of some other person, of
149	374		orders from wholesalers, retailers, contractors ,
150	375		or operators of hotels, restaurants or other
151	376		similar establishments for merchandise for resale
152	377		or supplies for use in their business operations;
153		-
154	378		(b) provided, the term "employment" shall include services
155	379		described in divisions (i) and (ii) of subparagraph
156	380		(a) of this paragraph if:
157		-
158	381		(i) the contract of servi ce contemplates that
159	382		substantially all of the services are to be
160	383		performed personally by such individual;
161		-
162	384		(ii) the individual does not have a substantial
163	385		investment in facilities used in connection with
164	386		the performance of the services, other than in
165	387		facilities for transportation; and
166		-
167	388		(iii) the services are not in the nature of a single
168	389		transaction that is not part of a continuing
169	390		relationship with the person for whom the
170	391		services are performed.
171		-
172	392		(3) Service performed in the employ of this state or any of it s
173	393		instrumentalities or any political subdivision thereof or any of its
	394	+
	395	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 7 1
	396	+	2
	397	+	3
	398	+	4
	399	+	5
	400	+	6
	401	+	7
	402	+	8
	403	+	9
	404	+	10
	405	+	11
	406	+	12
	407	+	13
	408	+	14
	409	+	15
	410	+	16
	411	+	17
	412	+	18
	413	+	19
	414	+	20
	415	+	21
	416	+	22
	417	+	23
	418	+	24
	419	+
174	420		instrumentalities or any instrumentality of more than one of the
175	421		foregoing or any instrumentality of any of the foregoing and one or
176	422		more other states or political subdivisions; provide d, that such
177	423		service is excluded from "employment" as defined in the Federal
178	424		Unemployment Tax Act, 26 U.S.C., Section 3306(c)(7), and is not
179	425		excluded from "employment" under paragraph (7) of this section.
180		-
181		-	ENR. S. B. NO. 794 Page 5
182		-
183	426		(4) Service performed by an individual in the empl oy of a
184	427		community chest, fund, foundation or corporation, organized and
185	428		operated exclusively for religious, charitable, scientific, testing
186	429		for public safety, literary or educational purposes, or for the
187	430		prevention of cruelty to children or animals, no par t of the net
188	431		earnings of which inures to the benefit of any private shareholder
189	432		or individual, no substantial part of the activities of which is
190	433		carrying on propaganda, or otherwise attempting to influence
191	434		legislation and which does not participate in, or intervene in,
192	435		including the publishing or distributing of statements, any
193	436		political campaign on behalf of any candidate for public office;
194	437		provided that such organization had four or more individuals in
195	438		employment for some portion of a day in each of twent y (20)
196	439		different weeks, whether or not such weeks were consecutive, within
197	440		either the calendar year or preceding calendar year, regardless of
198	441		whether they were employed at the same moment of time.
199		-
200	442		(5) Service performed by an individual in agricultural lab or as
201	443		defined in subparagraph (a) of paragraph (15) of this section when:
202	444
	445	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 8 1
	446	+	2
	447	+	3
	448	+	4
	449	+	5
	450	+	6
	451	+	7
	452	+	8
	453	+	9
	454	+	10
	455	+	11
	456	+	12
	457	+	13
	458	+	14
	459	+	15
	460	+	16
	461	+	17
	462	+	18
	463	+	19
	464	+	20
	465	+	21
	466	+	22
	467	+	23
	468	+	24
	469	+
203	470		(a) the service is performed for a person who:
204		-
205	471		(i) during any calendar quarter in either the
206	472		calendar year or the preceding calendar year,
207	473		paid remuneration in cash of Twenty Thousan d
208	474		Dollars ($20,000.00) or more to individuals
209	475		employed in agricultural labor; or
210		-
211	476		(ii) for some portion of a day in each of twenty (20)
212	477		different calendar weeks, whether or not the
213	478		weeks were consecutive, in either the calendar
214	479		year or the preceding calenda r year, employed in
215	480		agricultural labor ten or more individuals,
216	481		regardless of whether they were employed at the
217	482		same moment of time.
218		-
219	483		(b) for the purposes of this paragraph any individual who
220	484		is a member of a crew furnished by a crew leader to
221	485		perform service in agricultural labor for any other
222	486		person shall be treated as an employee of the crew
223	487		leader:
224		-
225		-	ENR. S. B. NO. 794 Page 6
226		-
227	488		(i) if the crew leader holds a valid certificate of
228	489		registration under the Farm Labor Contractor
229	490		Registration Act of 1963, Public Law 95 -562, 29
230	491		U.S.C., Sections 1801 through 1872; or
231	492		substantially all the members of the crew operate
232	493		or maintain tractors, mechanized harvesting or
	494	+
	495	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 9 1
	496	+	2
	497	+	3
	498	+	4
	499	+	5
	500	+	6
	501	+	7
	502	+	8
	503	+	9
	504	+	10
	505	+	11
	506	+	12
	507	+	13
	508	+	14
	509	+	15
	510	+	16
	511	+	17
	512	+	18
	513	+	19
	514	+	20
	515	+	21
	516	+	22
	517	+	23
	518	+	24
	519	+
233	520		crop-dusting equipment, or any other mechanized
234	521		equipment, which is provided by the crew leader;
235	522		and
236		-
237	523		(ii) if the individual is not an employee of the other
238	524		person within the meaning of paragraph (1) of
239	525		this section or subparagraph (d) of this
240	526		paragraph.
241		-
242	527		(c) for the purposes of this paragraph, in the case of any
243	528		individual who is furnished by a crew leader to
244	529		perform service in agricultu ral labor for any other
245	530		person and who is not treated as an employee of the
246	531		crew leader under subparagraph (b) of this paragraph:
247		-
248	532		(i) the other person and not the crew leader shall be
249	533		treated as the employer of the individual; and
250		-
251	534		(ii) the other person sha ll be treated as having paid
252	535		cash remuneration to the individual in an amount
253	536		equal to the amount of cash remuneration paid to
254	537		the individual by the crew leader, either on his
255	538		or her the individual's own behalf or on behalf
256	539		of the other person, for the ser vice in
257	540		agricultural labor performed for the other
258	541		person.
259		-
260	542		(d) for the purposes of this paragraph, the term "crew
261	543		leader" means an individual who:
262	544
	545	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 10 1
	546	+	2
	547	+	3
	548	+	4
	549	+	5
	550	+	6
	551	+	7
	552	+	8
	553	+	9
	554	+	10
	555	+	11
	556	+	12
	557	+	13
	558	+	14
	559	+	15
	560	+	16
	561	+	17
	562	+	18
	563	+	19
	564	+	20
	565	+	21
	566	+	22
	567	+	23
	568	+	24
	569	+
263	570		(i) furnishes individuals to perform service in
264	571		agricultural labor for any other person;
265		-
266	572		(ii) pays, either on his or her the individual's own
267	573		behalf or on behalf of another person, the
268		-
269		-	ENR. S. B. NO. 794 Page 7
270	574		individuals so furnished by the crew leader for
271	575		the service in agricultural labor performed by
272	576		them; and
273		-
274	577		(iii) has not entered into a written agreement with the
275	578		other person (farm operator) under which the
276	579		individual is designated as an employee of the
277	580		other person.
278		-
279	581		(6) The term "employment" shall include domestic service in a
280	582		private home, local college club or local chapter of a college
281	583		fraternity or sorority performed for a pers on or entity who paid
282	584		cash remuneration of One Thousand Dollars ($1,000.00) or more to
283	585		individuals employed in domestic service in any calendar quarter in
284	586		the calendar year or the preceding calendar year.
285		-
286	587		(7) For the purposes of paragraphs (3) and (4) of this section
287	588		the term "employment" does not apply to service performed:
288		-
289	589		(a) in the employ of:
290		-
291	590		(i) a church or convention or association of
292	591		churches;
293		-
294	592		(ii) an organization which is operated primarily for
295	593		religious purposes and which is operated,
	594	+
	595	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 11 1
	596	+	2
	597	+	3
	598	+	4
	599	+	5
	600	+	6
	601	+	7
	602	+	8
	603	+	9
	604	+	10
	605	+	11
	606	+	12
	607	+	13
	608	+	14
	609	+	15
	610	+	16
	611	+	17
	612	+	18
	613	+	19
	614	+	20
	615	+	21
	616	+	22
	617	+	23
	618	+	24
	619	+
296	620		supervised, controlled, or principally supported
297	621		by a church or convention or association of
298	622		churches; or
299		-
300	623		(iii) an elementary or secondary school which is
301	624		operated primarily for religious purposes, which
302	625		is described in 26 U.S.C., Section 501(c)(3), and
303	626		which is exempt from tax under 26 U.S.C., Section
304	627		501(a);
305		-
306	628		(b) by a duly ordained, commissioned or licensed minister
307	629		of a church in the exercise of his or her ministry or
308	630		by a member of a religious order in the exercise of
309	631		duties required by the order;
310		-
311		-
312		-	ENR. S. B. NO. 794 Page 8
313	632		(c) in the employ of a governmental entity referred to in
314	633		paragraph (3) of this section if the service is
315	634		performed by an individual in the exercise of duties:
316		-
317	635		(i) as an elected official;
318		-
319	636		(ii) as a member of a legislative body, or a member of
320	637		the judiciary of a state or pol itical
321	638		subdivision;
322		-
323	639		(iii) as a member of the State National Guard or Air
324	640		National Guard;
325		-
326	641		(iv) as an employee serving on a temporary basis in
327	642		case of fire, storm, snow, earthquake, flood or
328	643		similar emergency;
	644	+
	645	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 12 1
	646	+	2
	647	+	3
	648	+	4
	649	+	5
	650	+	6
	651	+	7
	652	+	8
	653	+	9
	654	+	10
	655	+	11
	656	+	12
	657	+	13
	658	+	14
	659	+	15
	660	+	16
	661	+	17
	662	+	18
	663	+	19
	664	+	20
	665	+	21
	666	+	22
	667	+	23
	668	+	24
329	669
330	670		(v) in a position which, under or pursuant to th e
331	671		laws of this state, is designated as a major
332	672		nontenured policymaking or advisory position, or
333	673		a policymaking or advisory position the
334	674		performance of the duties of which ordinarily
335	675		does not require more than eight (8) hours per
336	676		week;
337		-
338	677		(vi) as an election official or election worker if the
339	678		amount of remuneration received by the individual
340	679		during the calendar year for services as an
341	680		election official or election worker is less than
342	681		One Thousand Dollars ($1,000.00);
343		-
344	682		(d) by an individual who is participating or enrolled in a
345	683		program of an organization that provides
346	684		rehabilitation through work for individuals whose
347	685		earning capacity is impaired by age, physical or
348	686		mental deficiency, or injury, or a program of an
349	687		organization that provides work for individuals who,
350	688		because of their impaired mental or physical capacity
351	689		cannot be readily absorbed into the competitive labor
352	690		market; provided that the services are performed by a
353	691		program participant on real property owned or leased
354	692		directly by the organization or by a pro gram
355		-
356		-	ENR. S. B. NO. 794 Page 9
357	693		participant working under a special certificate issued
	694	+
	695	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 13 1
	696	+	2
	697	+	3
	698	+	4
	699	+	5
	700	+	6
	701	+	7
	702	+	8
	703	+	9
	704	+	10
	705	+	11
	706	+	12
	707	+	13
	708	+	14
	709	+	15
	710	+	16
	711	+	17
	712	+	18
	713	+	19
	714	+	20
	715	+	21
	716	+	22
	717	+	23
	718	+	24
	719	+
358	720		by the U.S. Secretary of Labor pursuant to 29 U.S.C.,
359	721		Section 214(c) and 29 C.F.R., Section 525.1 et seq.;
360		-
361	722		(e) as part of an unemployment work -relief or work-
362	723		training program assisted or financed in whole or in
363	724		part by any federal agency or an agency of a state or
364	725		political subdivision thereof or of an Indian tribe,
365	726		by an individual receiving such work -relief or work-
366	727		training; or
367		-
368	728		(f) by an inmate of a custodial or penal institution.
369		-
370	729		(8) The term "employment" shall include the service of an
371	730		individual who is a citizen of the United States, performed outside
372	731		the United States, except in Canada, in the employ of an American
373	732		employer other than service which is deemed "employment" under the
374	733		provisions of paragraph (11) or (12) of this section or the parallel
375	734		provisions of another state's law, if:
376		-
377	735		(a) the employer's principal place of business in the
378	736		United States is located in this state;
379		-
380	737		(b) the employer has no place of business in the United
381	738		States, but:
382		-
383	739		(i) the employer is an individual who is a resident
384	740		of this state;
385		-
386	741		(ii) the employer is a corporation which is organized
387	742		under the laws of this state; or
	743	+
	744	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 14 1
	745	+	2
	746	+	3
	747	+	4
	748	+	5
	749	+	6
	750	+	7
	751	+	8
	752	+	9
	753	+	10
	754	+	11
	755	+	12
	756	+	13
	757	+	14
	758	+	15
	759	+	16
	760	+	17
	761	+	18
	762	+	19
	763	+	20
	764	+	21
	765	+	22
	766	+	23
	767	+	24
388	768
389	769		(iii) the employer is a partnership or a trust and the
390	770		number of the partners or trustees who are
391	771		residents of this state is greater than the
392	772		number who are residents of any one other state;
393		-
394	773		(c) none of the criteria of subparagraphs (a) and (b) of
395	774		this paragraph are met but the employer has elected
396	775		coverage in this state or, the employer having failed
397	776		to elect coverage in any state, the individual has
398		-
399		-	ENR. S. B. NO. 794 Page 10
400	777		filed a claim for benefits, based on such service,
401	778		under the laws of this state;
402		-
403	779		(d) an "American employer", for purposes of this
404	780		subsection, means a person who is:
405		-
406	781		(i) an individual who is a resident of t he United
407	782		States;
408		-
409	783		(ii) a partnership if two -thirds (2/3) or more of the
410	784		partners are residents of the United States;
411		-
412	785		(iii) a trust, if all of the trustees are residents of
413	786		the United States; or
414		-
415	787		(iv) a corporation organized under the laws of the
416	788		United States or of any state; and
417		-
418	789		(e) the term "United States", for the purposes of this
419	790		subsection, includes the states, the District of
420	791		Columbia, the Commonwealth of Puerto Rico and the
421	792		Virgin Islands.
	793	+
	794	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 15 1
	795	+	2
	796	+	3
	797	+	4
	798	+	5
	799	+	6
	800	+	7
	801	+	8
	802	+	9
	803	+	10
	804	+	11
	805	+	12
	806	+	13
	807	+	14
	808	+	15
	809	+	16
	810	+	17
	811	+	18
	812	+	19
	813	+	20
	814	+	21
	815	+	22
	816	+	23
	817	+	24
422	818
423	819		(9) Notwithstanding paragraph (11) of this section, all servi ce
424	820		performed by an officer or member of the crew of an American vessel
425	821		on or in connection with the vessel, if the operating office, from
426	822		which the operations of the vessel operating on navigable waters
427	823		within, or within and without, the United States are ordinarily and
428	824		regularly supervised, managed, directed and controlled is within
429	825		this state.
430		-
431	826		(10) Notwithstanding any other provisions of the Employment
432	827		Security Act of 1980, "employment":
433		-
434	828		(a) includes any service with respect to which a tax is
435	829		required to be paid under any federal law imposing a
436	830		tax against which credit may be taken for
437	831		contributions required to be paid into a state
438	832		unemployment fund; and
439		-
440	833		(b) includes any service which is required to be
441	834		"employment" for full tax credit to be allowed agains t
442		-
443		-	ENR. S. B. NO. 794 Page 11
444	835		the tax imposed by the Federal Unemployment Tax Act of
445	836		1954, Public Law 591, Chapter 736, as amended, 26
446	837		U.S.C., Section 3301 et seq.
447		-
448	838		(11) The term "employment" shall include an individual's entire
449	839		service, performed within or both within and without th is state if:
450		-
451	840		(a) the service is localized in this state; or
452		-
453	841		(b) the service is not localized in any state but some of
454	842		the service is performed in this state and:
	843	+
	844	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 16 1
	845	+	2
	846	+	3
	847	+	4
	848	+	5
	849	+	6
	850	+	7
	851	+	8
	852	+	9
	853	+	10
	854	+	11
	855	+	12
	856	+	13
	857	+	14
	858	+	15
	859	+	16
	860	+	17
	861	+	18
	862	+	19
	863	+	20
	864	+	21
	865	+	22
	866	+	23
	867	+	24
455	868
456	869		(i) the individual's base of operations, or, if there
457	870		is no base of operations, then the place from
458	871		which the individual's employment is directed or
459	872		controlled is in this state; or
460		-
461	873		(ii) the individual's base of operations or place from
462	874		which the service is directed or controlled is
463	875		not in any state in which some part of the
464	876		service is performed but the individual's
465	877		residence is in this state.
466		-
467	878		(12) (a) Services covered by an election pursuant to Section 3 -
468	879		203 of this title; and
469		-
470	880		(b) services covered by an arrangement pursuant to Section
471	881		4-701 et seq. of this title between the Oklahoma
472	882		Employment Security Commission and the agency charged
473	883		with the administration of any other state or federal
474	884		unemployment compensation law, pursuant to which all
475	885		services performed by an individual for an employing
476	886		unit are deemed to be performed entirely within this
477	887		state,
478		-
479	888		shall be deemed to be employment if the Commission has approved an
480	889		election of the employing unit for whom such services are performed,
481	890		pursuant to which the entire service of such individual during the
482	891		period covered by such election is deemed to be ins ured work.
483		-
484	892		(13) Service shall be deemed to be localized within a state if:
485	893
486		-
487		-	ENR. S. B. NO. 794 Page 12
	894	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 17 1
	895	+	2
	896	+	3
	897	+	4
	898	+	5
	899	+	6
	900	+	7
	901	+	8
	902	+	9
	903	+	10
	904	+	11
	905	+	12
	906	+	13
	907	+	14
	908	+	15
	909	+	16
	910	+	17
	911	+	18
	912	+	19
	913	+	20
	914	+	21
	915	+	22
	916	+	23
	917	+	24
	918	+
488	919		(a) the service is performed entirely within such state;
489	920		or
490		-
491	921		(b) the service is performed both within and without such
492	922		state, but the service performed without such state is
493	923		incidental to the individual's service within the
494	924		state; for example, is temporary or transitory in
495	925		nature or consists of isolated transactions.
496		-
497	926		(14) Notwithstanding any other provision of this subsection,
498	927		services performed by an individual for wages shall be d eemed to be
499	928		employment subject to the Employment Security Act of 1980 if the
500	929		services are performed by the individual in an employer -employee
501	930		relationship with the employer using the 20 -factor test used by the
502	931		Internal Revenue Service of the United States Department of Treasury
503	932		in Revenue Ruling 87 -41, 1987-1 C.B. 296. The Oklahoma Employment
504	933		Security Commission shall have the excusive exclusive authority to
505	934		make a determination of whether an individual is an independent
506	935		contractor or employee.
507		-
508	936		(15) The term "employment" shall not include:
509		-
510	937		(a) services performed by an individual in agricultural
511	938		labor, except as provided under paragraph (5) of this
512	939		section. Services performed by an individual who is a
513	940		nonresident alien admitted to the United States to
514	941		perform agricultural labor, pursuant to 8 U.S.C.,
515	942		Sections 1101(a), 1184(c) and 1188. For purposes of
	943	+
	944	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 18 1
	945	+	2
	946	+	3
	947	+	4
	948	+	5
	949	+	6
	950	+	7
	951	+	8
	952	+	9
	953	+	10
	954	+	11
	955	+	12
	956	+	13
	957	+	14
	958	+	15
	959	+	16
	960	+	17
	961	+	18
	962	+	19
	963	+	20
	964	+	21
	965	+	22
	966	+	23
	967	+	24
	968	+
516	969		this subparagraph, the term "agricultural labor" means
517	970		remunerated service performed in agricultural labor as
518	971		defined in the Federal Unemployment Tax Act, 26
519	972		U.S.C., Section 3306(k);
520		-
521	973		(b) domestic service, except as provided under paragraph
522	974		(6) of this section, in a private home, local college
523	975		club, or local chapter of a college fraternity or
524	976		sorority;
525		-
526	977		(c) service performed by an individual in the employ of
527	978		his or her son, daughter, or spouse, and service
528	979		performed by a child under the age of twenty -one (21)
529		-
530		-	ENR. S. B. NO. 794 Page 13
531	980		in the employ of his or her father or mother, or both
532	981		father and mother;
533		-
534	982		(d) service performed in the employ of the United States
535	983		government or an instrumen tality of the United States
536	984		exempt under the Constitution of the United States
537	985		from the contributions imposed by the Employment
538	986		Security Act of 1980, except that to the extent that
539	987		the Congress of the United States shall permit states
540	988		to require any instru mentalities of the United States
541	989		to make payments into an unemployment fund under a
542	990		state unemployment compensation law, all of the
543	991		provisions of the Employment Security Act of 1980
544	992		shall be applicable to such instrumentalities, and to
	993	+
	994	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 19 1
	995	+	2
	996	+	3
	997	+	4
	998	+	5
	999	+	6
	1000	+	7
	1001	+	8
	1002	+	9
	1003	+	10
	1004	+	11
	1005	+	12
	1006	+	13
	1007	+	14
	1008	+	15
	1009	+	16
	1010	+	17
	1011	+	18
	1012	+	19
	1013	+	20
	1014	+	21
	1015	+	22
	1016	+	23
	1017	+	24
	1018	+
545	1019		services performed f or such instrumentalities, in the
546	1020		same manner, to the same extent, and on the same terms
547	1021		as to all other employers, employing units,
548	1022		individuals and services; provided that if this state
549	1023		shall not be certified for any year by the Secretary
550	1024		of Labor of the United States under the Federal
551	1025		Internal Revenue Code, 26 U.S.C., Section 3304(c), the
552	1026		payments required of such instrumentalities with
553	1027		respect to the year shall be refunded by the
554	1028		Commission from the fund in the same manner and within
555	1029		the same period as i s provided in Section 3 -304 of
556	1030		this title with respect to contributions erroneously
557	1031		collected;
558		-
559	1032		(e) service with respect to which unemployment
560	1033		compensation is payable under an unemployment
561	1034		compensation system established by an act of Congress;
562		-
563	1035		(f) service performed in the employ of a foreign
564	1036		government, including service as a consul or other
565	1037		officer or employee or a nondiplomatic representative;
566		-
567	1038		(g) service performed in the employ of an instrumentality
568	1039		wholly owned by a foreign government:
569		-
570	1040		(i) if the service is of a character similar to that
571	1041		performed in foreign countries by employees of
572	1042
573		-	ENR. S. B. NO. 794 Page 14
	1043	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 20 1
	1044	+	2
	1045	+	3
	1046	+	4
	1047	+	5
	1048	+	6
	1049	+	7
	1050	+	8
	1051	+	9
	1052	+	10
	1053	+	11
	1054	+	12
	1055	+	13
	1056	+	14
	1057	+	15
	1058	+	16
	1059	+	17
	1060	+	18
	1061	+	19
	1062	+	20
	1063	+	21
	1064	+	22
	1065	+	23
	1066	+	24
	1067	+
574	1068		the United States government or of an
575	1069		instrumentality thereof, and
576		-
577	1070		(ii) if the Commission finds that the United States
578	1071		Secretary of State has certified to the United
579	1072		States Secretary of the Treasury that the foreign
580	1073		government, with respect to whose instrumentality
581	1074		exemption is claimed, grants an equivalent
582	1075		exemption with respect to similar service
583	1076		performed in the foreign country by employees of
584	1077		the United States government a nd of
585	1078		instrumentalities thereof;
586		-
587	1079		(h) service covered by an arrangement between the
588	1080		Commission and the agency charged with the
589	1081		administration of any other state or federal
590	1082		unemployment compensation law pursuant to which all
591	1083		services performed by an individu al for an employing
592	1084		unit during the period covered by such employing
593	1085		unit's duly approved election, are deemed to be
594	1086		performed entirely within the jurisdiction of such
595	1087		other state or federal agency;
596		-
597	1088		(i) service performed as a student nurse in the employ of
598	1089		a hospital or a nurses' training school by an
599	1090		individual who is enrolled and is regularly attending
600	1091		classes in a nurses' training school chartered or
	1092	+
	1093	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 21 1
	1094	+	2
	1095	+	3
	1096	+	4
	1097	+	5
	1098	+	6
	1099	+	7
	1100	+	8
	1101	+	9
	1102	+	10
	1103	+	11
	1104	+	12
	1105	+	13
	1106	+	14
	1107	+	15
	1108	+	16
	1109	+	17
	1110	+	18
	1111	+	19
	1112	+	20
	1113	+	21
	1114	+	22
	1115	+	23
	1116	+	24
	1117	+
601	1118		approved pursuant to state law; and service performed
602	1119		as an intern in the employ of a hospital by an
603	1120		individual who has completed a four -year course in a
604	1121		medical school chartered or approved pursuant to state
605	1122		law;
606		-
607	1123		(j) service performed by an individual for a person, firm,
608	1124		association, trust, partnership or corporation as an
609	1125		insurance agent, or as an insurance solicitor or as a
610	1126		licensed real estate agent, if all such service
611	1127		performed by such individual for such person is
612	1128		performed for remuneration solely by way of
613	1129		commissions or fees;
614		-
615		-
616		-	ENR. S. B. NO. 794 Page 15
617	1130		(k) service performed by an individual under the age of
618	1131		eighteen (18) in the delivery and distribution of
619	1132		newspapers or shopping news, not including delivery or
620	1133		distribution to any point for subsequent delivery or
621	1134		distribution, and services performed by an individual
622	1135		eighteen (18) years of age or older who meets the
623	1136		definition of a "direct seller" as defined in 26
624	1137		U.S.C., Section 3508(b)(2), that states in pertinent
625	1138		part:
626		-
627	1139		(i) the individual must be engaged in the delivery or
628	1140		distribution of newspapers or shopping news,
	1141	+
	1142	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 22 1
	1143	+	2
	1144	+	3
	1145	+	4
	1146	+	5
	1147	+	6
	1148	+	7
	1149	+	8
	1150	+	9
	1151	+	10
	1152	+	11
	1153	+	12
	1154	+	13
	1155	+	14
	1156	+	15
	1157	+	16
	1158	+	17
	1159	+	18
	1160	+	19
	1161	+	20
	1162	+	21
	1163	+	22
	1164	+	23
	1165	+	24
	1166	+
629	1167		including any services directly related to such
630	1168		trade or business,
631		-
632	1169		(ii) substantially all the remuneration, whether or
633	1170		not paid in cash, for the performance of the
634	1171		services described in division (i) of this
635	1172		subparagraph is directly related to sales or
636	1173		other output, including the performance of
637	1174		services, rather than th e number of hours worked,
638	1175		and
639		-
640	1176		(iii) the services performed by the individual are
641	1177		performed pursuant to a written contract between
642	1178		the person and the person for whom the services
643	1179		are performed and the contract provides that the
644	1180		person will not be treated as an employee with
645	1181		respect to the services;
646		-
647	1182		(l) service performed in the employ of a school, college
648	1183		or university, if the service is performed:
649		-
650	1184		(i) by a student who is enrolled and is regularly
651	1185		attending classes at the school, college, or
652	1186		university, or
653		-
654	1187		(ii) by the spouse of the student, if the spouse is
655	1188		advised, at the time the spouse commences to
656	1189		perform the service, that:
657	1190
658		-
659		-	ENR. S. B. NO. 794 Page 16
	1191	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 23 1
	1192	+	2
	1193	+	3
	1194	+	4
	1195	+	5
	1196	+	6
	1197	+	7
	1198	+	8
	1199	+	9
	1200	+	10
	1201	+	11
	1202	+	12
	1203	+	13
	1204	+	14
	1205	+	15
	1206	+	16
	1207	+	17
	1208	+	18
	1209	+	19
	1210	+	20
	1211	+	21
	1212	+	22
	1213	+	23
	1214	+	24
	1215	+
660	1216		(I) the employment of the spouse to perform the
661	1217		service is provided under a program to
662	1218		provide financial assistance to the student
663	1219		by the school, college, or university, and
664		-
665	1220		(II) the employment will not be covered by any
666	1221		program of unemployment insurance;
667		-
668	1222		(m) service performed by an individual who is enrolled at
669	1223		a nonprofit or public educational institution which
670	1224		normally maintains a reg ular faculty and curriculum
671	1225		and normally has a regularly organized body of
672	1226		students in attendance at the place where its
673	1227		educational activities are carried on as a student in
674	1228		a full-time program, taken for credit at the
675	1229		institution, which combines academic instruction with
676	1230		work experience, if the service is an integral part of
677	1231		the program, and the institution has so certified to
678	1232		the employer, except that this provision shall not
679	1233		apply to service performed in a program established
680	1234		for or on behalf of an empl oyer or group of employers;
681		-
682	1235		(n) service performed in the employ of a hospital, if the
683	1236		service is performed by a patient of the hospital;
684		-
685	1237		(o) services performed by cooperative extension personnel
686	1238		holding federal appointments employed by state
687	1239		institutions of higher learning;
	1240	+
	1241	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 24 1
	1242	+	2
	1243	+	3
	1244	+	4
	1245	+	5
	1246	+	6
	1247	+	7
	1248	+	8
	1249	+	9
	1250	+	10
	1251	+	11
	1252	+	12
	1253	+	13
	1254	+	14
	1255	+	15
	1256	+	16
	1257	+	17
	1258	+	18
	1259	+	19
	1260	+	20
	1261	+	21
	1262	+	22
	1263	+	23
	1264	+	24
688	1265
689	1266		(p) earnings of employees being paid by state warrants who
690	1267		are presently covered by the Federal Unemployment
691	1268		Compensation Act, 5 U.S.C., Section 8501 et seq., by
692	1269		virtue of their federal status;
693		-
694	1270		(q) cosmetology services performed by an in dividual in a
695	1271		beauty shop, as defined by Section 199.1 of Title 59
696	1272		of the Oklahoma Statutes, pursuant to an agreement
697	1273		whereby the owner of the beauty shop leases or rents
698	1274		facilities for cosmetology to such individual;
699		-
700	1275		(r) barbering services performed by an individual in a
701	1276		barber shop, as defined by Section 61.5 of Title 59 of
702		-
703		-	ENR. S. B. NO. 794 Page 17
704	1277		the Oklahoma Statutes, pursuant to an agreement
705	1278		whereby the owner of the barber shop leases or rents
706	1279		facilities for barbering to such individual;
707		-
708	1280		(s) services performed as a participan t in a work or
709	1281		training program administered by the Department of
710	1282		Human Services;
711		-
712	1283		(t) riding services performed by a jockey and services
713	1284		performed by a trainer of race horses racehorses in
714	1285		preparation for and during an approved race meeting
715	1286		licensed by the Oklahoma Horse Racing Commission;
716		-
717	1287		(u) service performed by an individual whose remuneration
718	1288		consists solely of commissions, overrides, bonuses,
719	1289		and differentials related to sales or other output
	1290	+
	1291	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 25 1
	1292	+	2
	1293	+	3
	1294	+	4
	1295	+	5
	1296	+	6
	1297	+	7
	1298	+	8
	1299	+	9
	1300	+	10
	1301	+	11
	1302	+	12
	1303	+	13
	1304	+	14
	1305	+	15
	1306	+	16
	1307	+	17
	1308	+	18
	1309	+	19
	1310	+	20
	1311	+	21
	1312	+	22
	1313	+	23
	1314	+	24
	1315	+
720	1316		derived from in-person sales to, or solicitation of
721	1317		orders from, ultimate consumers primarily in the home,
722	1318		or otherwise than in a permanent retail establishment;
723		-
724	1319		(v) service performed by a person, commonly referred to as
725	1320		"owner-operator", who owns or leases a truck -tractor
726	1321		or truck for hire, provided the owner -operator
727	1322		actually operates the truck -tractor or truck and,
728	1323		further, that the entity contracting with the owner -
729	1324		operator is not the lessor of the truck -tractor or
730	1325		truck;
731		-
732	1326		(w) services performed as a chopper of cotton who weeds or
733	1327		thins cotton crops by hand or ho e. This subsection
734	1328		shall be interpreted and applied consistently with the
735	1329		Federal Unemployment Tax Act, 26 U.S.C., Sections
736	1330		3304(a)(6)(A) and 3306(k);
737		-
738	1331		(x) services performed for a private for -profit person or
739	1332		entity by an individual as a landman:
740		-
741	1333		(i) if the individual is engaged primarily in
742	1334		negotiating for the acquisition or divestiture of
743	1335		mineral rights or negotiating business agreements
744	1336		that provide for the exploration for or
745	1337		development of minerals,
746		-
747		-	ENR. S. B. NO. 794 Page 18
748		-
749	1338		(ii) if substantially all remuneration paid in cash o r
750	1339		otherwise for the performance of the services is
	1340	+
	1341	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 26 1
	1342	+	2
	1343	+	3
	1344	+	4
	1345	+	5
	1346	+	6
	1347	+	7
	1348	+	8
	1349	+	9
	1350	+	10
	1351	+	11
	1352	+	12
	1353	+	13
	1354	+	14
	1355	+	15
	1356	+	16
	1357	+	17
	1358	+	18
	1359	+	19
	1360	+	20
	1361	+	21
	1362	+	22
	1363	+	23
	1364	+	24
	1365	+
751	1366		directly related to the completion by the
752	1367		individual of the specific tasks contracted for
753	1368		rather than to the number of hours worked by the
754	1369		individual, and
755		-
756	1370		(iii) if the services performed by the individual are
757	1371		performed under a written contract between the
758	1372		individual and the person for whom the services
759	1373		are performed; provided that the individual is to
760	1374		be treated as an independent contractor and not
761	1375		as an employee with respect to the services
762	1376		provided under the contract; or
763		-
764	1377		(y) services performed by persons working under an
765	1378		AmeriCorps grant from the Corporation for National
766	1379		Service made pursuant to the National and Community
767	1380		Service Act of 1990 (NCSA) codified at 42 U.S.C.,
768	1381		Section 12501 et seq.
769		-
770	1382		SECTION 2. AMENDATORY 40 O.S. 2011, Section 1 -224, as
771	1383		amended by Section 2, Chapter 71, O.S.L. 2013 (40 O.S. Supp. 2020,
772	1384		Section 1-224), is amended to read as follows:
773		-
774	1385		Section 1-224. FILE.
775		-
776	1386		A. For purposes of this section , "OESC 2020-21 business process
777	1387		transformation" means a change from paper process to integrated
778	1388		digital technology. Upon completion of the OESC 2020 -21 business
779	1389		process transformation, electronic e -filing will be the Commission's
	1390	+
	1391	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 27 1
	1392	+	2
	1393	+	3
	1394	+	4
	1395	+	5
	1396	+	6
	1397	+	7
	1398	+	8
	1399	+	9
	1400	+	10
	1401	+	11
	1402	+	12
	1403	+	13
	1404	+	14
	1405	+	15
	1406	+	16
	1407	+	17
	1408	+	18
	1409	+	19
	1410	+	20
	1411	+	21
	1412	+	22
	1413	+	23
	1414	+	24
	1415	+
780	1416		preferred filing method for tendering and rec eiving documents. All
781	1417		claimants and employers tendering documents to the Commission will
782	1418		be expected to tender the documents electronically. If the claimant
783	1419		or employer has elected to utilize other means of transmittal , it
784	1420		will be the responsibility of t he claimant or employer to notify the
785	1421		Commission of this preference.
786		-
787	1422		B. When any document is required to be filed by the provisions
788	1423		of the Employment Security Act of 1980 or the rules promulgated
789	1424		under the authority of the Employment Security Act of 1980 with the
790		-
791		-	ENR. S. B. NO. 794 Page 19
792	1425		Oklahoma Employment Security Commission, any of its representatives,
793	1426		or the Board of Review for the Oklahoma Employment Security
794	1427		Commission, the term "file", "files", or "filed" shall be defined as
795	1428		follows:
796		-
797	1429		1. Hand-delivered to the central admini strative office of the
798	1430		Oklahoma Employment Security Commission by the close of business on
799	1431		or before the date due;
800		-
801	1432		2. Telefaxed to the telefax number indicated on the
802	1433		determination letter, order or other document issued by the Oklahoma
803	1434		Employment Security Commission by midnight on or before the date
804	1435		due. Timely telefaxing shall be determined by the date and time
805	1436		recorded by the Commission's telefax equipment;
806		-
807	1437		3. Mailed with sufficient postage and properly addressed to the
808	1438		address indicated on the determi nation letter, order or other
809	1439		document issued by the Oklahoma Employment Security Commission on or
	1440	+
	1441	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 28 1
	1442	+	2
	1443	+	3
	1444	+	4
	1445	+	5
	1446	+	6
	1447	+	7
	1448	+	8
	1449	+	9
	1450	+	10
	1451	+	11
	1452	+	12
	1453	+	13
	1454	+	14
	1455	+	15
	1456	+	16
	1457	+	17
	1458	+	18
	1459	+	19
	1460	+	20
	1461	+	21
	1462	+	22
	1463	+	23
	1464	+	24
	1465	+
810	1466		before the date due. Timely mailing shall be determined by the
811	1467		postmark. If there is no proof from the post office of the date of
812	1468		mailing, the date of rece ipt by the Commission shall constitute the
813	1469		date of filing; or
814		-
815	1470		4. Electronically transmitted via data lines Electronic e-
816	1471		filing to the Oklahoma Employment Security Commission, as directed
817	1472		by the instructions on the determination letter, order or other
818	1473		document issued by the Commission, by midnight on or before the date
819	1474		due. Timely transmission shall be determined by the Commission's
820	1475		transmission log file.
821		-
822	1476		B. C. If the Employment Security Act of 1980 or the rules
823	1477		promulgated under the Employment Security A ct of 1980 require that a
824	1478		document be filed with a court or any other agency of this state,
825	1479		the term "file", "files" or "filed" shall be defined by the
826	1480		statutes, rules or practice governing that court or agency.
827		-
828	1481		SECTION 3. AMENDATORY 40 O.S. 2011, Section 2 -203, as
829	1482		last amended by Section 3, Chapter 251, O.S.L. 2019 (40 O.S. Supp.
830	1483		2020, Section 2-203), is amended to read as follows:
831		-
832	1484		Section 2-203. CLAIM.
833		-
834		-
835		-	ENR. S. B. NO. 794 Page 20
836	1485		A. An unemployed individual must file an initial claim for
837	1486		unemployment benefits by calling an Oklahoma Employment Security
838	1487		Commission claims representative in a Commission Call Center, by
839	1488		completing the required forms through the Internet Claims service
840	1489		provided by the Commission, or by completing all forms necessary to
	1490	+
	1491	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 29 1
	1492	+	2
	1493	+	3
	1494	+	4
	1495	+	5
	1496	+	6
	1497	+	7
	1498	+	8
	1499	+	9
	1500	+	10
	1501	+	11
	1502	+	12
	1503	+	13
	1504	+	14
	1505	+	15
	1506	+	16
	1507	+	17
	1508	+	18
	1509	+	19
	1510	+	20
	1511	+	21
	1512	+	22
	1513	+	23
	1514	+	24
	1515	+
841	1516		process an initial claim in a local office of the Commission or any
842	1517		alternate site designated by the Commission to take unemployment
843	1518		benefit claims. The Commission may obtain additional information
844	1519		regarding an individual's claim through any form of
845	1520		telecommunication, writing, or interview. An unemployed individual
846	1521		must file a claim in writing or by telecommunication for or by
847	1522		Internet utilizing the digital services portal to create an account
848	1523		to access benefits with respect to each week in accordance with such
849	1524		rule as the Commission may prescribe.
850		-
851	1525		B. 1. During the process of filing an initial claim for
852	1526		unemployment benefits, the claimant shall be made aware of the
853	1527		definition of misconduct set out in Section 2 -406 of this title, and
854	1528		the claimant shall affirmative ly certify that the answers given to
855	1529		all questions in the initial claim process are true and correct to
856	1530		the best of the claimant's knowledge and that no information has
857	1531		been intentionally withheld or misrepresented in an attempt by the
858	1532		claimant to receive benefits to which he or she the claimant is not
859	1533		entitled.
860		-
861	1534		2. The certification statement required in paragraph 1 of this
862	1535		subsection shall be available through the Internet Claims service
863	1536		provided by the Commission and by a form to be completed by the
864	1537		claimant in a local office of the Commission or at any alternate
865	1538		site designated by the Commission to take unemployment benefit
866	1539		claims.
	1540	+
	1541	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 30 1
	1542	+	2
	1543	+	3
	1544	+	4
	1545	+	5
	1546	+	6
	1547	+	7
	1548	+	8
	1549	+	9
	1550	+	10
	1551	+	11
	1552	+	12
	1553	+	13
	1554	+	14
	1555	+	15
	1556	+	16
	1557	+	17
	1558	+	18
	1559	+	19
	1560	+	20
	1561	+	21
	1562	+	22
	1563	+	23
	1564	+	24
867	1565
868	1566		C. With respect to each week, he or she the claimant must
869	1567		provide the Commission with a true and correct statement of all
870	1568		material facts relating to : his or her unemployment; ability to
871	1569		work; availability for work; activities or conditions which could
872	1570		restrict the individual from seeking or immediately accepting full -
873	1571		time employment or part -time work if subsection 4 (4) of Section 2-
874	1572		408 of this title applies; applications for or receipt of workers'
875	1573		compensation benefits; employment and earnings; and the reporting of
876	1574		other income from retirement, pension, disability, self -employment,
877	1575		education or training allowances.
878		-
879		-	ENR. S. B. NO. 794 Page 21
880		-
881	1576		D. No claim will be allowed or paid unless the claimant resides
882	1577		within a state or foreign country with which the State of Oklahoma
883	1578		has entered into a reciprocal or cooperative arrangement pursuant to
884	1579		Part 7 of Article IV of the Employment Security Act of 1980.
885		-
886	1580		E. The Commission may require the individual to produce
887	1581		documents or information relevant to the claim for benefits. If the
888	1582		individual fails to produce it, the individual's claim for
889	1583		unemployment benefits may be disqualified indefinitely by the
890	1584		Commission until the information is produced. An individual that
891	1585		has been disqualified indefinitely by the provisions of this
892	1586		subsection may receive payment for any week between the initial
893	1587		failure and the compliance with this subsection if the claimant is
894	1588		otherwise eligible and has made a timely filing for each intervening
895	1589		week.
896	1590
	1591	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 31 1
	1592	+	2
	1593	+	3
	1594	+	4
	1595	+	5
	1596	+	6
	1597	+	7
	1598	+	8
	1599	+	9
	1600	+	10
	1601	+	11
	1602	+	12
	1603	+	13
	1604	+	14
	1605	+	15
	1606	+	16
	1607	+	17
	1608	+	18
	1609	+	19
	1610	+	20
	1611	+	21
	1612	+	22
	1613	+	23
	1614	+	24
	1615	+
897	1616		SECTION 4. AMENDATORY 40 O.S. 2011, Section 2 -209, as
898	1617		last amended by Section 2, Chapter 14, O.S.L. 2018 (40 O.S. Supp.
899	1618		2020, Section 2-209), is amended to read as fol lows:
900		-
901	1619		Section 2-209. BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR
902	1620		NONPROFIT EMPLOYERS.
903		-
904	1621		Benefits based on service in employment defined in paragraph (3)
905	1622		or (4) of Section 1-210 of this title, including any federally
906	1623		operated educational institutions, shall be payable in the same
907	1624		amount, on the same terms and subject to the same conditions as
908	1625		benefits payable on the basis of other service subject to the
909	1626		Employment Security Act of 1980, except that:
910		-
911	1627		(1) With respect to service performed in an instructional,
912	1628		research or principal administrative capacity for an educational
913	1629		institution, benefits shall not be paid based on services for any
914	1630		week of unemployment commencing during the period between two (2)
915	1631		successive academic years, or during a similar period between two
916	1632		regular but not successive terms, or during a period of paid
917	1633		sabbatical leave provided for in the individual's contract, to any
918	1634		individual if the individual performs services in the first academic
919	1635		year or term and if there is a contract or a reasonable assurance
920	1636		that the individual will perform services in any such capacity for
921	1637		any educational institution in the second academic year or term;
922		-
923		-	ENR. S. B. NO. 794 Page 22
924		-
925	1638		(2) With respect to services performed in any other capacity
926	1639		for an educational institution, benefits shall not be paid on the
	1640	+
	1641	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 32 1
	1642	+	2
	1643	+	3
	1644	+	4
	1645	+	5
	1646	+	6
	1647	+	7
	1648	+	8
	1649	+	9
	1650	+	10
	1651	+	11
	1652	+	12
	1653	+	13
	1654	+	14
	1655	+	15
	1656	+	16
	1657	+	17
	1658	+	18
	1659	+	19
	1660	+	20
	1661	+	21
	1662	+	22
	1663	+	23
	1664	+	24
	1665	+
927	1666		basis of services to any individual for any week which commences
928	1667		during a period between two (2) successive academic years or terms
929	1668		if the individual performs services in the first academic year or
930	1669		term and there is a reasonable assurance th at the individual will
931	1670		perform services in any such capacity in the second academic year or
932	1671		term, except that if compensation is denied to any individual
933	1672		pursuant to this paragraph and the individual was not offered an
934	1673		opportunity to perform services for t he educational institution for
935	1674		the second academic year or term, the individual shall be entitled
936	1675		to a retroactive payment of compensation for each week for which the
937	1676		individual filed a timely claim for compensation and for which
938	1677		compensation was denied so lely by reason of this clause;
939		-
940	1678		(3) With respect to any services described in paragraphs (1)
941	1679		and (2) of this section, benefits shall not be payable on the basis
942	1680		of services in any capacities to any individual for any week which
943	1681		commences during an establis hed and customary vacation period or
944	1682		holiday recess if the individual performs services in the period
945	1683		immediately before the vacation period or holiday recess, and there
946	1684		is a reasonable assurance that the individual will perform services
947	1685		in any such capacity in the period immediately following the
948	1686		vacation period or holiday recess;
949		-
950	1687		(4) With respect to any services described in paragraphs (1)
951	1688		and (2) of this section, benefits shall not be payable on the basis
952	1689		of services in any capacities as specified in pa ragraphs (1), (2)
	1690	+
	1691	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 33 1
	1692	+	2
	1693	+	3
	1694	+	4
	1695	+	5
	1696	+	6
	1697	+	7
	1698	+	8
	1699	+	9
	1700	+	10
	1701	+	11
	1702	+	12
	1703	+	13
	1704	+	14
	1705	+	15
	1706	+	16
	1707	+	17
	1708	+	18
	1709	+	19
	1710	+	20
	1711	+	21
	1712	+	22
	1713	+	23
	1714	+	24
	1715	+
953	1716		and (3) of this section to any individual who performed services in
954	1717		an educational institution while in the employ of an educational
955	1718		service agency. For purposes of this paragraph, the term
956	1719		"educational service agency" means a government al agency or
957	1720		governmental entity which is established and operated exclusively
958	1721		for the purpose of providing services to one or more educational
959	1722		institutions; and
960		-
961	1723		(5) If services are provided to or on behalf of an educational
962	1724		institution by a private for -profit entity or an entity described in
963	1725		paragraph (3) or (4) of Section 1 -210 of this title that is not an
964	1726		educational institution or an educational service agency, the
965	1727		employees providing these services shall not be subject to the terms
966		-
967		-	ENR. S. B. NO. 794 Page 23
968	1728		and conditions as described in paragraphs (1), (2), (3) and (4) of
969	1729		this section; and
970		-
971	1730		(6) If an individual has employment with an educational
972	1731		institution and has employment with a noneducational employer or
973	1732		employers during the base period of the individual's benefit year,
974	1733		the individual may become eligible for benefits during the between -
975	1734		term denial period, based only on the noneducational employment.
976		-
977	1735		SECTION 5. AMENDATORY 40 O.S. 2011, Section 2 -406, as
978	1736		last amended by Section 3, Chapter 220, O.S.L . 2014 (40 O.S. Supp.
979	1737		2020, Section 2-406), is amended to read as follows:
980		-
981	1738		Section 2-406. DISCHARGE FOR MISCONDUCT.
	1739	+
	1740	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 34 1
	1741	+	2
	1742	+	3
	1743	+	4
	1744	+	5
	1745	+	6
	1746	+	7
	1747	+	8
	1748	+	9
	1749	+	10
	1750	+	11
	1751	+	12
	1752	+	13
	1753	+	14
	1754	+	15
	1755	+	16
	1756	+	17
	1757	+	18
	1758	+	19
	1759	+	20
	1760	+	21
	1761	+	22
	1762	+	23
	1763	+	24
982	1764
983	1765		A. An individual shall be disqualified for benefits if he or
984	1766		she the individual has been discharged for misconduct connected with
985	1767		his or her the individual's last work. If discharged for
986	1768		misconduct, the employer shall have the burden to prove that the
987	1769		employee engaged in misconduct as defined by this section. Such
988	1770		burden of proof is satisfied by the employer, or its designated
989	1771		representative, providing a signed affidavit, or presenting such
990	1772		other evidence which properly demonstrates the misconduct which
991	1773		resulted in the discharge. Once this burden is met, the burden then
992	1774		shifts to the discharged employee to prove that the facts are
993	1775		inaccurate or that the facts as stated do not constitute misconduct
994	1776		as defined by this section. Disqualification under this section
995	1777		shall continue for the full period of unemployment next ensuing
996	1778		after he or she the employee has been discharged for misconduct
997	1779		connected with his or her the employee's work and until such
998	1780		individual has become reemployed and has earned wages equal to or in
999	1781		excess of ten (10) times the weekly benefit amount.
1000		-
1001	1782		B. Acts which constitute misconduct under this section shall be
1002	1783		limited to the following:
1003		-
1004	1784		1. Any intentional act or omission by an employee which
1005	1785		constitutes a material or substantial breech breach of the
1006	1786		employee's job duties or responsibilities or obligations pursuant to
1007	1787		his or her the employee's employment or contract of emplo yment;
1008		-
1009	1788		2. Unapproved or excessive absenteeism or tardiness;
1010	1789
1011		-	ENR. S. B. NO. 794 Page 24
	1790	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 35 1
	1791	+	2
	1792	+	3
	1793	+	4
	1794	+	5
	1795	+	6
	1796	+	7
	1797	+	8
	1798	+	9
	1799	+	10
	1800	+	11
	1801	+	12
	1802	+	13
	1803	+	14
	1804	+	15
	1805	+	16
	1806	+	17
	1807	+	18
	1808	+	19
	1809	+	20
	1810	+	21
	1811	+	22
	1812	+	23
	1813	+	24
1012	1814
1013	1815		3. Indifference to, breach of , or neglect of the duties
1014	1816		required which result in a material or substantial breach of the
1015	1817		employee’s job duties or responsibilities;
1016		-
1017	1818		4. Actions Acts or omissions that place in jeopardy the health,
1018	1819		life, or property of self or others;
1019		-
1020	1820		5. Dishonesty;
1021		-
1022	1821		6. Wrongdoing;
1023		-
1024	1822		7. Violation of a law; or
1025		-
1026	1823		8. A violation of a policy or rule enacted to ensure orderly
1027	1824		and proper job performance or for the safety of self or others.
1028		-
1029	1825		C. Any misconduct violation as defined in subsection B of this
1030	1826		section shall not require a prior warning from the employer. As
1031	1827		long as the employee knew, or should have reasonably known, that a
1032	1828		rule or policy of the employer was violated, the employee s hall not
1033	1829		be eligible for benefits.
1034		-
1035	1830		D. Any finding by a state or federal agency of any failure by
1036	1831		the employee to meet the applicable civil, criminal or professional
1037	1832		standards of the employee's profession shall create a rebuttable
1038	1833		presumption of such misco nduct, and benefits shall be denied, unless
1039	1834		the employee can show, with clear and convincing evidence, that such
1040	1835		misconduct did not occur, or the Commission determines that such
1041	1836		failure did not constitute misconduct as defined herein.
1042	1837
	1838	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 36 1
	1839	+	2
	1840	+	3
	1841	+	4
	1842	+	5
	1843	+	6
	1844	+	7
	1845	+	8
	1846	+	9
	1847	+	10
	1848	+	11
	1849	+	12
	1850	+	13
	1851	+	14
	1852	+	15
	1853	+	16
	1854	+	17
	1855	+	18
	1856	+	19
	1857	+	20
	1858	+	21
	1859	+	22
	1860	+	23
	1861	+	24
	1862	+
1043	1863		SECTION 6. AMENDATORY Section 1, Chapter 338, O.S.L.
1044	1864		2016 (40 O.S. Supp. 2020, Section 2 -422), is amended to read as
1045	1865		follows:
1046		-
1047	1866		Section 2-422. A. Unemployment benefits based on services by a
1048	1867		seasonal worker performed in seasonal employment are payable only
1049	1868		for weeks of unemployment that occur during the normal seasonal work
1050	1869		period. Benefits shall not be paid based on services performed in
1051	1870		seasonal employment for any week of unemployment that begins during
1052	1871		the period between two (2) successive normal s easonal work periods
1053	1872		to any individual if that individual performs the service in the
1054		-
1055		-	ENR. S. B. NO. 794 Page 25
1056	1873		first of the normal seasonal work periods and if there is a
1057	1874		reasonable assurance that the individual will perform the service
1058	1875		for a seasonal employer in the second of the normal seasonal work
1059	1876		periods. The notice of reasonable assurance shall be given by the
1060	1877		employer to the employee in writing on or before the last day of
1061	1878		work in the season. If benefits are denied to an individual for any
1062	1879		week solely as a result of this s ection and the individual is not
1063	1880		offered an opportunity to perform in the second normal seasonal work
1064	1881		period for which reasonable assurance of employment had been given,
1065	1882		the individual is entitled to a retroactive payment of benefits
1066	1883		under this section for each week that the individual previously
1067	1884		filed a timely claim for benefits. An individual may apply for any
1068	1885		retroactive benefits under this section in accordance with the
1069	1886		provisions of Article 2 of the Employment Security Act of 1980.
1070	1887
	1888	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 37 1
	1889	+	2
	1890	+	3
	1891	+	4
	1892	+	5
	1893	+	6
	1894	+	7
	1895	+	8
	1896	+	9
	1897	+	10
	1898	+	11
	1899	+	12
	1900	+	13
	1901	+	14
	1902	+	15
	1903	+	16
	1904	+	17
	1905	+	18
	1906	+	19
	1907	+	20
	1908	+	21
	1909	+	22
	1910	+	23
	1911	+	24
	1912	+
1071	1913		B. If an individual has been employed by a nonseasonal employer
1072	1914		during the base period of the individual's benefit year, the
1073	1915		individual may become eligible for benefits during that between -
1074	1916		season denial period based only on the wages of the nonseasonal
1075	1917		employment.
1076		-
1077	1918		C. Not less than twenty (20) days before the estimated
1078	1919		beginning date of a normal seasonal work period, an employer may
1079	1920		apply to the Commission in writing for designation as a seasonal
1080	1921		employer. At the time of application, the employer shall
1081	1922		conspicuously display a copy of the application on the employer's
1082	1923		premises. Within ninety (90) days after receipt of the application,
1083	1924		the Commission shall determine if the employer is a seasonal
1084	1925		employer. The employer may appeal this decision pursuant to the
1085	1926		provisions of Section 3-115 of Title 40 of the Oklahoma Statutes
1086	1927		this title. A determination of the Commission concerning the status
1087	1928		of an employer as a seasonal employer, or the decision of the
1088	1929		Assessment Board or a court of this state through the administrative
1089	1930		appeal process, which has become final, may be introduced in any
1090	1931		proceeding involving a claim for benefits, and the facts found and
1091	1932		decision issued in the determination or decision shall be conclusive
1092	1933		unless substantial evidence to the contrary is introduced by o r on
1093	1934		behalf of the claimant.
1094		-
1095	1935		C. D. If the employer is determined to be a seasonal employer,
1096	1936		the employer shall give notice to each employee of the employer's
	1937	+
	1938	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 38 1
	1939	+	2
	1940	+	3
	1941	+	4
	1942	+	5
	1943	+	6
	1944	+	7
	1945	+	8
	1946	+	9
	1947	+	10
	1948	+	11
	1949	+	12
	1950	+	13
	1951	+	14
	1952	+	15
	1953	+	16
	1954	+	17
	1955	+	18
	1956	+	19
	1957	+	20
	1958	+	21
	1959	+	22
	1960	+	23
	1961	+	24
	1962	+
1097	1963		status as a seasonal employer and the beginning and ending dates of
1098		-
1099		-	ENR. S. B. NO. 794 Page 26
1100	1964		the employer's normal seasona l work periods, and this notice shall
1101	1965		be given to the employee within the first seven (7) days of
1102	1966		employment. On or before the last day of work in the season, if the
1103	1967		employer intends to issue a notice of reasonable assurance of
1104	1968		employment for the next sea son, the employer shall also give notice
1105	1969		to each employee advising that the employee shall timely file an
1106	1970		initial application for unemployment benefits at the end of the
1107	1971		current seasonal work period and file timely weekly continued claims
1108	1972		thereafter to preserve his or her the employee's right to receive
1109	1973		retroactive unemployment benefits if he or she such employee is not
1110	1974		reemployed by the seasonal employer in the subsequent normal
1111	1975		seasonal work period. The notices notice must be on a separate
1112	1976		document written in clear and concise language that states these
1113	1977		provisions. Failure of the employer to give adequate notice as
1114	1978		required by this subsection will result in the termination of the
1115	1979		employer as a seasonal employer under subsection D E of this section
1116	1980		and the allowance of any claim in which the claimant did not receive
1117	1981		the required notice.
1118		-
1119	1982		D. E. The Commission may issue a determination terminating an
1120	1983		employer's status as a seasonal employer on the Commission's own
1121	1984		motion for good cause, or upon the written r equest of the employer.
1122	1985		The effective date of a termination determination under this
1123	1986		subsection shall be set by the Commission. A determination under
	1987	+
	1988	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 39 1
	1989	+	2
	1990	+	3
	1991	+	4
	1992	+	5
	1993	+	6
	1994	+	7
	1995	+	8
	1996	+	9
	1997	+	10
	1998	+	11
	1999	+	12
	2000	+	13
	2001	+	14
	2002	+	15
	2003	+	16
	2004	+	17
	2005	+	18
	2006	+	19
	2007	+	20
	2008	+	21
	2009	+	22
	2010	+	23
	2011	+	24
	2012	+
1124	2013		this subsection may be appealed pursuant to the provisions of
1125	2014		Section 3-115 of Title 40 of the Oklahoma Statutes this title.
1126		-
1127	2015		E. F. An employer whose status as a seasonal employer is
1128	2016		terminated under subsection D E of this section shall not reapply
1129	2017		for a seasonal employer status determination until after a regularly
1130	2018		recurring normal seasonal work period has begun and ended.
1131		-
1132	2019		F. G. If a seasonal employer informs an employee who received
1133	2020		assurance of being rehired that, despite the assurance, the employee
1134	2021		will not be rehired at the beginning of the employer's next normal
1135	2022		seasonal work period, this section does not prevent the employee
1136	2023		from receiving unemployment benefits in the same manner and to the
1137	2024		same extent he or she would receive benefits under the Employment
1138	2025		Security Act of 1980 from an employer who has not been determined to
1139	2026		be a seasonal employer.
1140		-
1141		-
1142		-	ENR. S. B. NO. 794 Page 27
1143	2027		G. H. A successor of a seasonal employer is considered to be a
1144	2028		seasonal employer unless the successor provides the Commission,
1145	2029		within one hundred twenty (120) days after the transfer, with a
1146	2030		written request for termination of its status as a seasonal employer
1147	2031		in accordance with subsection D E of this section.
1148		-
1149	2032		H. I. At the time an employee is hired by a seasonal employer,
1150	2033		the employer shall notify the employee in writing if the employee
1151	2034		will be a seasonal worker. The employer shall provide the worker
1152	2035		with written notice of any subsequent change in the employee's
1153	2036		status as a seasonal worker. If an employee of a seasonal employer
	2037	+
	2038	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 40 1
	2039	+	2
	2040	+	3
	2041	+	4
	2042	+	5
	2043	+	6
	2044	+	7
	2045	+	8
	2046	+	9
	2047	+	10
	2048	+	11
	2049	+	12
	2050	+	13
	2051	+	14
	2052	+	15
	2053	+	16
	2054	+	17
	2055	+	18
	2056	+	19
	2057	+	20
	2058	+	21
	2059	+	22
	2060	+	23
	2061	+	24
	2062	+
1154	2063		is denied benefits because that employee is a seasonal worker, the
1155	2064		employee may contest that designation by filing an appeal pursuant
1156	2065		to the provisions of Part 6 of Article 2 of the Employment Security
1157	2066		Act of 1980.
1158		-
1159	2067		I. J. As used in this section:
1160		-
1161	2068		1. "Construction industry" means the work activity designated
1162	2069		in Sector Group 23 – Construction of the North American Industrial
1163	2070		Classification System (NAICS) published by the Executive Office of
1164	2071		the President, Office of Management and Budget, 2012 2017 edition;
1165		-
1166	2072		2. "Normal seasonal work period" means that period, or those
1167	2073		periods, of time during which an individual is employed in seasonal
1168	2074		employment, as determined by the Commission ;
1169		-
1170	2075		3. "Seasonal employment" means the employment of one or more
1171	2076		individuals primarily hired to perform services during regularly
1172	2077		recurring periods of twenty -six (26) weeks or less in any fifty -two-
1173	2078		week period other tha n services in the construction industry;
1174		-
1175	2079		4. "Seasonal employer" means an employer, other than an
1176	2080		employer in the construction industry, who applies to the Commission
1177	2081		for designation as a seasonal employer and whom the Commission
1178	2082		determines to be an employ er whose operations and business require
1179	2083		employees engaged in seasonal employment; and
1180		-
1181	2084		5. "Seasonal worker" means a worker who has been paid wages by
1182	2085		a seasonal employer for work performed only during the normal
1183	2086		seasonal work period.
1184	2087
1185		-
1186		-	ENR. S. B. NO. 794 Page 28
	2088	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 41 1
	2089	+	2
	2090	+	3
	2091	+	4
	2092	+	5
	2093	+	6
	2094	+	7
	2095	+	8
	2096	+	9
	2097	+	10
	2098	+	11
	2099	+	12
	2100	+	13
	2101	+	14
	2102	+	15
	2103	+	16
	2104	+	17
	2105	+	18
	2106	+	19
	2107	+	20
	2108	+	21
	2109	+	22
	2110	+	23
	2111	+	24
	2112	+
1187	2113		SECTION 7. AMENDATORY 40 O.S. 2011, Section 2 -503, as
1188	2114		last amended by Section 5, Chapter 251, O.S.L. 2019 (40 O.S. Supp.
1189	2115		2020, Section 2-503), is amended to read as follows:
1190		-
1191	2116		Section 2-503. CLAIMS, NOTICES AND OBJECTIONS.
1192		-
1193	2117		A. Claims for benefits shall b e made in accordance with all
1194	2118		rules that the Oklahoma Employment Security Commission may
1195	2119		prescribe.
1196		-
1197	2120		B. Promptly after an initial claim or an additional initial
1198	2121		claim is filed, the Commission shall give written notice of the
1199	2122		claim to the last employer of t he claimant for whom he or she the
1200	2123		claimant worked at least fifteen (15) working days. The required
1201	2124		fifteen (15) working days are not required to be consecutive.
1202	2125		Provided, that promptly after the Commission is notified of the
1203	2126		claimant's separation from a n employment obtained by a claimant
1204	2127		during a continued claim series, the Commission shall give written
1205	2128		notice of the claim to the last separating employer. Notices to
1206	2129		separating employers during a continued claim series will be given
1207	2130		to the last employer in the claim week without regard to length of
1208	2131		employment. Each notice shall contain an admonition that failure to
1209	2132		respond to the notice could affect the employer's tax rate.
1210		-
1211	2133		C. Promptly after the claim is paid for the fifth week of
1212	2134		benefits the Commissio n shall give written notice of the claim to
1213	2135		all other employers of the claimant during the claimant's base
	2136	+
	2137	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 42 1
	2138	+	2
	2139	+	3
	2140	+	4
	2141	+	5
	2142	+	6
	2143	+	7
	2144	+	8
	2145	+	9
	2146	+	10
	2147	+	11
	2148	+	12
	2149	+	13
	2150	+	14
	2151	+	15
	2152	+	16
	2153	+	17
	2154	+	18
	2155	+	19
	2156	+	20
	2157	+	21
	2158	+	22
	2159	+	23
	2160	+	24
	2161	+
1214	2162		period. The notice will be given pursuant to Section 3 -106 of this
1215	2163		title.
1216		-
1217	2164		D. Notices shall be deemed to have been given when the
1218	2165		Commission deposits the same in the United States mail addressed to
1219	2166		the employer's last-known address. Notice shall be presumed prima
1220	2167		facie to have been given to the employer to whom addressed on the
1221	2168		date stated in the written notice at the last-known address and by
1222	2169		the date of the postmark on the envelope in which the notice was
1223	2170		sent. If the employer has elected to be notified by electronic
1224	2171		means according to procedures set out in Oklahoma Employment
1225	2172		Security Commission rules, notice shall be deemed to be given when
1226	2173		the Commission transmits the notification notice by electronic
1227	2174		means.
1228		-
1229		-
1230		-	ENR. S. B. NO. 794 Page 29
1231	2175		E. Within ten (10) days after the date on the notice or the
1232	2176		date of the postmark on the envelope in which the notice was sent,
1233	2177		whichever is later, an employer may file with the Commission at the
1234	2178		address prescribed in the notice written objections to the claim
1235	2179		setting forth specifically the facts which:
1236		-
1237	2180		1. Make the claimant ineligible for benefits under Sections 2 -
1238	2181		201 through 2-210 of this title;
1239		-
1240	2182		2. Disqualify the claimant from benefits unde r Sections 2-401
1241	2183		through 2-417 and 2-419 of this title; or
1242		-
1243	2184		3. Relieve such employer from being charged for the benefits
1244	2185		wages of such claimant.
	2186	+
	2187	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 43 1
	2188	+	2
	2189	+	3
	2190	+	4
	2191	+	5
	2192	+	6
	2193	+	7
	2194	+	8
	2195	+	9
	2196	+	10
	2197	+	11
	2198	+	12
	2199	+	13
	2200	+	14
	2201	+	15
	2202	+	16
	2203	+	17
	2204	+	18
	2205	+	19
	2206	+	20
	2207	+	21
	2208	+	22
	2209	+	23
	2210	+	24
1245	2211
1246	2212		F. An untimely employer objection to a claim for unemployment
1247	2213		benefits made pursuant to subsection E of this s ection may be
1248	2214		allowed for good cause shown.
1249		-
1250	2215		SECTION 8. AMENDATORY 40 O.S. 2011, Section 2 -610, is
1251	2216		amended to read as follows:
1252		-
1253	2217		Section 2-610. JUDICIAL REVIEW.
1254		-
1255	2218		A. Within the thirty (30) days after the day a notice of
1256	2219		decision of the Board of Review is mailed to the parties, the
1257	2220		Oklahoma Employment Security Commission, or any party to the
1258	2221		proceedings before the Board of Review, may obtain judicial review
1259	2222		by filing in the district court of the county in which the claimant
1260	2223		resides, or if the claimant is not a resident of the State of
1261	2224		Oklahoma then in the District Court of Oklahoma County, a petition
1262	2225		for review of the decision of the Board of Review. The petition for
1263	2226		review shall set out the names of all codefendants in the style of
1264	2227		the case, which shall include:
1265		-
1266	2228		1. The Board of Review;
1267		-
1268	2229		2. The Oklahoma Employment Security Commission; and
1269		-
1270	2230		3. All other parties to the proceeding before the Board of
1271	2231		Review.
1272		-
1273		-
1274		-	ENR. S. B. NO. 794 Page 30
1275	2232		The petition for review need not be verified but shall state
1276	2233		specifically the groun ds upon which the review is sought. A copy of
1277	2234		the petition for review shall be served upon the Board of Review at
1278	2235		its official address and the petitioner shall also deliver to the
	2236	+
	2237	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 44 1
	2238	+	2
	2239	+	3
	2240	+	4
	2241	+	5
	2242	+	6
	2243	+	7
	2244	+	8
	2245	+	9
	2246	+	10
	2247	+	11
	2248	+	12
	2249	+	13
	2250	+	14
	2251	+	15
	2252	+	16
	2253	+	17
	2254	+	18
	2255	+	19
	2256	+	20
	2257	+	21
	2258	+	22
	2259	+	23
	2260	+	24
	2261	+
1279	2262		Board of Review as many copies of the petition as there are
1280	2263		defendants. The Board of Review shall send issue to each party to
1281	2264		the proceeding a copy of the petition by mail, and the mailing
1282	2265		issuance shall be deemed to be service upon all the parties. In any
1283	2266		proceeding under this section the findings of the Board of Review as
1284	2267		to the facts, if supported by evidence, shall be conclusive and the
1285	2268		jurisdiction of the court shall be confined to questions of law. No
1286	2269		additional evidence shall be received by the court, but the court
1287	2270		may remand the case and order additional evidence to be taken by the
1288	2271		Appeal Tribunal of the Oklahoma Employment Security Commission.
1289		-
1290	2272		B. Within sixty (60) days of the date of service of the
1291	2273		petition on the Board of Review, the Board of Review shall file with
1292	2274		the court a certified copy of the record of the case, including all
1293	2275		documents and papers properly admitted into evidence and a
1294	2276		transcript of all testimony taken in the matter, together with the
1295	2277		Board of Review's findings, conclusions , and decision.
1296		-
1297	2278		C. The proceedings shall be heard in a summary manner and s hall
1298	2279		be given precedence over all other civil cases. An appeal may be
1299	2280		taken from the decision of the district court to the Supreme Court
1300	2281		of this state in the same manner as is provided in other civil
1301	2282		cases. It shall not be necessary as a condition preced ent to
1302	2283		judicial review of any decision of the Board of Review to enter
1303	2284		exceptions to the rulings of the Board, and no bond shall be
1304	2285		required as a condition of initiating a proceeding for judicial
	2286	+
	2287	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 45 1
	2288	+	2
	2289	+	3
	2290	+	4
	2291	+	5
	2292	+	6
	2293	+	7
	2294	+	8
	2295	+	9
	2296	+	10
	2297	+	11
	2298	+	12
	2299	+	13
	2300	+	14
	2301	+	15
	2302	+	16
	2303	+	17
	2304	+	18
	2305	+	19
	2306	+	20
	2307	+	21
	2308	+	22
	2309	+	23
	2310	+	24
	2311	+
1305	2312		review or entering an appeal from the decision of the court. Upon
1306	2313		the final termination of the judicial proceeding, the Board of
1307	2314		Review shall enter an order in accordance with the mandate of the
1308	2315		district or appellate court.
1309		-
1310	2316		SECTION 9. AMENDATORY 40 O.S. 2011, Section 2 -616, as
1311	2317		amended by Section 7, Chapter 71, O.S.L. 2013 (40 O.S. Supp. 2020,
1312	2318		Section 2-616), is amended to read as follows:
1313		-
1314	2319		Section 2-616. NOTICE OF OVERPAYMENT DETERMINATION.
1315		-
1316		-
1317		-	ENR. S. B. NO. 794 Page 31
1318	2320		A. If the Oklahoma Employment Security Commission or its
1319	2321		representative determines that an individu al has been overpaid
1320	2322		unemployment benefits pursuant to Section 2 -613 of this title for
1321	2323		fraud overpayment or claimant error overpayment , the individual
1322	2324		shall be sent a notice of overpayment determination. If the
1323	2325		individual disagrees with this determination , the individual may
1324	2326		file an appeal of the determination with the Appeal Tribunal within
1325	2327		twenty (20) days after the date of the mailing of the notice to the
1326	2328		individual's last-known address or, if the notice is not mailed,
1327	2329		within twenty (20) days after the date of the delivery of the
1328	2330		notice. If the individual fails to appeal the determination within
1329	2331		the time provided, without good cause, then the determination will
1330	2332		be deemed final and no further appeal shall be allowed.
1331		-
1332	2333		B. If the Oklahoma Employment Securi ty Commission or its
1333	2334		representative determines that an individual has been overpaid
1334	2335		unemployment benefits pursuant to paragraph 3 of Section 2 -613 of
	2336	+
	2337	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 46 1
	2338	+	2
	2339	+	3
	2340	+	4
	2341	+	5
	2342	+	6
	2343	+	7
	2344	+	8
	2345	+	9
	2346	+	10
	2347	+	11
	2348	+	12
	2349	+	13
	2350	+	14
	2351	+	15
	2352	+	16
	2353	+	17
	2354	+	18
	2355	+	19
	2356	+	20
	2357	+	21
	2358	+	22
	2359	+	23
	2360	+	24
	2361	+
1335	2362		this title relating to administrative overpayment, the individual
1336	2363		shall be sent a notice of overpayment de termination. If the
1337	2364		individual disagrees with this determination, the individual may
1338	2365		file an appeal of the determination with the Appeal Tribunal within
1339	2366		ten (10) days after the date of mailing of the notice to the
1340	2367		individual's last-known address or, if th e notice is not mailed,
1341	2368		within ten (10) days after the date of the delivery of the notice.
1342	2369		If the individual fails to appeal the determination within the time
1343	2370		provided, without good cause, the determination will be deemed final
1344	2371		and no further appeal shall be allowed.
1345		-
1346	2372		SECTION 10. AMENDATORY 40 O.S. 2011, Section 2 -801, as
1347	2373		amended by Section 9, Chapter 14, O.S.L. 2018 (40 O.S. Supp. 2020,
1348	2374		Section 2-801), is amended to read as follows:
1349		-
1350	2375		Section 2-801. CHILD SUPPORT OBLIGATIONS.
1351		-
1352	2376		A. Beginning October 1, 1982, any individual filing a new claim
1353	2377		for unemployment compensation shall, at the time of filing such
1354	2378		claim, disclose whether or not the individual owes child support
1355	2379		obligations. If any such individual discloses that he or she owes
1356	2380		child support obligations, and is determined to be eligible for
1357	2381		unemployment compensation, the Commission shall notify the state or
1358	2382		local child support enforcement agency enforcing such obligation
1359	2383		that the individual has been determined to be eligible for
1360		-
1361		-	ENR. S. B. NO. 794 Page 32
1362	2384		unemployment compensation The Commission may enter into an agreement
1363	2385		with the Department of Human Services for information required
	2386	+
	2387	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 47 1
	2388	+	2
	2389	+	3
	2390	+	4
	2391	+	5
	2392	+	6
	2393	+	7
	2394	+	8
	2395	+	9
	2396	+	10
	2397	+	11
	2398	+	12
	2399	+	13
	2400	+	14
	2401	+	15
	2402	+	16
	2403	+	17
	2404	+	18
	2405	+	19
	2406	+	20
	2407	+	21
	2408	+	22
	2409	+	23
	2410	+	24
	2411	+
1364	2412		pursuant to Section 240.12 of Title 56 of the Oklahoma Statutes to
1365	2413		identify persons that owe child support obligations .
1366		-
1367	2414		B. The Commission shall deduct and withhold from any
1368	2415		unemployment compensation payable to an individual that owes child
1369	2416		support obligations:
1370		-
1371	2417		(1) the amount specified by the individual to the Commission to
1372	2418		be deducted and withheld under this subsection, if neith er
1373	2419		paragraphs (2) or (3) of this subsection are applicable, or
1374		-
1375	2420		(2) the amount, if any, determined by the Department of Human
1376	2421		Services pursuant to an agreement submitted to the Commission under
1377	2422		42 U.S.C., Section 654(19)(B)(i) by the state or local child support
1378	2423		enforcement agency, unless paragraph (3) of this subsection is
1379	2424		applicable, or
1380		-
1381	2425		(3) any amount otherwise required to be so deducted and
1382	2426		withheld from such unemployment compensation pursuant to legal
1383	2427		process, which shall mean any writ, order, summons or other similar
1384	2428		process in the nature of garnishment, which:
1385		-
1386	2429		(a) is issued by:
1387		-
1388	2430		(i) a court of competent jurisdiction within any
1389	2431		state, territory or possession of the United
1390	2432		States,
1391		-
1392	2433		(ii) a court of competent jurisdiction in any foreign
1393	2434		country with which t he United States has entered
	2435	+
	2436	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 48 1
	2437	+	2
	2438	+	3
	2439	+	4
	2440	+	5
	2441	+	6
	2442	+	7
	2443	+	8
	2444	+	9
	2445	+	10
	2446	+	11
	2447	+	12
	2448	+	13
	2449	+	14
	2450	+	15
	2451	+	16
	2452	+	17
	2453	+	18
	2454	+	19
	2455	+	20
	2456	+	21
	2457	+	22
	2458	+	23
	2459	+	24
	2460	+
1394	2461		into an agreement which requires the United
1395	2462		States to honor such process, or
1396		-
1397	2463		(iii) an authorized official pursuant to an order of
1398	2464		such a court of competent jurisdiction or
1399	2465		pursuant to state or local law, and
1400		-
1401	2466		(b) is directed to, and the purpose of which is to compel,
1402	2467		a governmental entity, which holds monies which are
1403	2468		otherwise payable to an individual, to make a payment
1404		-
1405		-	ENR. S. B. NO. 794 Page 33
1406	2469		from such monies to another party in order to satisfy
1407	2470		a legal obligation of such individual to provide child
1408	2471		support.
1409		-
1410	2472		C. All income withholding orders or other legal process issued
1411	2473		to collect child support through a deduction from unemployment
1412	2474		benefits and all other documents necessary to complete the deduction
1413	2475		shall be served on the appropriate state or local ch ild support
1414	2476		enforcement agency and on the Oklahoma Employment Security
1415	2477		Commission.
1416		-
1417	2478		D. Any amount deducted and withheld under subsection B of this
1418	2479		section shall be paid by the Commission to the appropriate state or
1419	2480		local child support enforcement agency Centralized Support Registry
1420	2481		pursuant to Section 413 of Title 43 of the Oklahoma Statutes .
1421		-
1422	2482		E. D. Any amount deducted and withheld under subsection B of
1423	2483		this section shall for all purposes be treated as if it were paid to
1424	2484		the individual as unemployment compe nsation and paid by such
	2485	+
	2486	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 49 1
	2487	+	2
	2488	+	3
	2489	+	4
	2490	+	5
	2491	+	6
	2492	+	7
	2493	+	8
	2494	+	9
	2495	+	10
	2496	+	11
	2497	+	12
	2498	+	13
	2499	+	14
	2500	+	15
	2501	+	16
	2502	+	17
	2503	+	18
	2504	+	19
	2505	+	20
	2506	+	21
	2507	+	22
	2508	+	23
	2509	+	24
	2510	+
1425	2511		individual to the state or local child support enforcement agency in
1426	2512		satisfaction of the individual's child support obligations.
1427		-
1428	2513		F. E. For purposes of subsections A through E D of this
1429	2514		section, the term "unemployment compensation" means any compensation
1430	2515		payable under the Employment Security Act of 1980, Section 1 -101 of
1431	2516		this title, including amounts payable by the Commission pursuant to
1432	2517		an agreement under any federal law providing for compensation,
1433	2518		assistance or allowances with res pect to unemployment.
1434		-
1435	2519		G. F. This section applies only if appropriate arrangements
1436	2520		have been made for reimbursement by the state or local child support
1437	2521		enforcement agency for the administrative costs, as determined by
1438	2522		the Commission, incurred by the Commis sion under this section which
1439	2523		are attributable to child support obligations being enforced by the
1440	2524		state or local child support enforcement agency.
1441		-
1442	2525		H. G. For purposes of this section:
1443		-
1444	2526		(1) "Child support obligations" means only obligations which
1445	2527		are being enforced pursuant to a plan described in 42 U.S.C.,
1446	2528		Section 654, which has been approved by the Secretary of Health and
1447	2529		Human Services under 42 U.S.C., Section 651 et seq.
1448		-
1449		-	ENR. S. B. NO. 794 Page 34
1450		-
1451	2530		(2) "State or local child support enforcement agency" means any
1452	2531		agency of a state or a political subdivision thereof, the Oklahoma
1453	2532		Department of Human Services, which pursuant to Section 237 of Title
1454	2533		56 of the Oklahoma Statutes is the single state agency in Oklahoma
1455	2534		operating pursuant to a plan described in 42 U.S.C., Section 654,
	2535	+
	2536	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 50 1
	2537	+	2
	2538	+	3
	2539	+	4
	2540	+	5
	2541	+	6
	2542	+	7
	2543	+	8
	2544	+	9
	2545	+	10
	2546	+	11
	2547	+	12
	2548	+	13
	2549	+	14
	2550	+	15
	2551	+	16
	2552	+	17
	2553	+	18
	2554	+	19
	2555	+	20
	2556	+	21
	2557	+	22
	2558	+	23
	2559	+	24
	2560	+
1456	2561		which has been approved by the Secretary of Health and Human
1457	2562		Services under 42 U.S.C., Section 651 et seq.
1458		-
1459	2563		(3) Deductions from unemployment insurance authorized by
1460	2564		subsection B of this section in satisfaction of child support
1461	2565		obligations are only those obligati ons defined in paragraph (1) of
1462	2566		this subsection, and the recipient of said the deductions shall be
1463	2567		defined as only a state or local child support enforcement agency
1464	2568		operating pursuant to an approved plan described in 42 U.S.C.,
1465	2569		Section 654 and referenced i n paragraph (2) of this subsection.
1466		-
1467	2570		SECTION 11. AMENDATORY 40 O.S. 2011, Section 3 -106.1, is
1468	2571		amended to read as follows:
1469		-
1470	2572		Section 3-106.1 RELIEF FROM BENEFIT WAGES CHARGED - ADDENDUM.
1471		-
1472	2573		A. For purposes of this section, "pandemic" mean s a health
1473	2574		state of emergency declared by the Governor.
1474		-
1475	2575		B. The benefit wages charged to an employer for a given
1476	2576		calendar year shall be the total of the benefit wages stated in the
1477	2577		notices given to the employer by the Commission. Provided , that on
1478	2578		and after April 19, 1995, an employer's benefit wages shall not
1479	2579		include wages paid by the employer to any employee who was separated
1480	2580		from his or her employment as a direct result of a natural disaster,
1481	2581		pandemic, fire, flood, or explosion that causes employees to be
1482	2582		separated from one employer's employment. The Commission shall
1483	2583		adopt emergency rules for immediate implementation of this section
	2584	+
	2585	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 51 1
	2586	+	2
	2587	+	3
	2588	+	4
	2589	+	5
	2590	+	6
	2591	+	7
	2592	+	8
	2593	+	9
	2594	+	10
	2595	+	11
	2596	+	12
	2597	+	13
	2598	+	14
	2599	+	15
	2600	+	16
	2601	+	17
	2602	+	18
	2603	+	19
	2604	+	20
	2605	+	21
	2606	+	22
	2607	+	23
	2608	+	24
	2609	+
1484	2610		and subsequently adopt permanent rules for review by the 1996
1485	2611		Legislature.
1486		-
1487	2612		SECTION 12. AMENDATORY 40 O.S. 2011, Section 3 -307, is
1488	2613		amended to read as follows:
1489		-
1490	2614		Section 3-307. A. All remittance , under Section 1-101 et seq.
1491	2615		of this title, shall be made payable to the Oklahoma Employment
1492		-
1493		-	ENR. S. B. NO. 794 Page 35
1494	2616		Security Commission, at Oklahoma City, Oklahoma, by bank automatic
1495	2617		clearinghouse (ACH) debit/credit, financial institution, draft,
1496	2618		check, cashier's check, electronic fund transfer, credit card, money
1497	2619		order, or money, and the Commission shall issue its receipt, for
1498	2620		cash or money payment, to the payor. No remittance other than cash
1499	2621		shall be in final discharge of liability due the Commission unless
1500	2622		and until it shall have been paid in cash. All monies collected
1501	2623		shall be deposited with the State Treasurer. There shall be
1502	2624		assessed, in addition to any other penalties provide d for by law, an
1503	2625		administrative service fee of Twenty -five Dollars ($25.00) on each
1504	2626		check returned to the Commission or any agent thereof by reason of
1505	2627		the refusal of the bank financial institution upon which such check
1506	2628		was drawn to honor the same. There s hall be assessed, in addition
1507	2629		to any other penalties provided for by law, an administrative
1508	2630		service fee of Twenty -five Dollars ($25.00) on each electronic fund
1509	2631		transfer that fails due to insufficient funds in the payor's
1510	2632		account.
1511	2633
	2634	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 52 1
	2635	+	2
	2636	+	3
	2637	+	4
	2638	+	5
	2639	+	6
	2640	+	7
	2641	+	8
	2642	+	9
	2643	+	10
	2644	+	11
	2645	+	12
	2646	+	13
	2647	+	14
	2648	+	15
	2649	+	16
	2650	+	17
	2651	+	18
	2652	+	19
	2653	+	20
	2654	+	21
	2655	+	22
	2656	+	23
	2657	+	24
	2658	+
1512	2659		B. Upon the return of any check by reason of the refusal of the
1513	2660		bank financial institution upon which such check was drawn to honor
1514	2661		the same, the Commission may file a bogus check complaint with the
1515	2662		appropriate district attorney who shall refer the complaint to the
1516	2663		Bogus Check Restitution Program established by Section 111 of Title
1517	2664		22 of the Oklahoma Statutes. Funds collected through the program
1518	2665		after collection of the fee authorized by Section 114 of Title 22 of
1519	2666		the Oklahoma Statutes for deposit in the Bogus Check Restitution
1520	2667		Program Fund in the county treasury shall be transmitted to the
1521	2668		Commission and credited to the liability for which the returned
1522	2669		check was drawn and to along with the administrative service fee
1523	2670		provided by this section.
1524		-
1525	2671		SECTION 13. NEW LAW A new section of law to be codified
1526	2672		in the Oklahoma Statutes as Section 3 -311 of Title 40, unless there
1527	2673		is created a duplication in numbering, reads as follows:
1528		-
1529	2674		FORFEITURE OF TERMINATED EMPLOYER UNEMPLOYMENT TAX ACCOUNT
1530	2675		OVERPAYMENTS.
1531		-
1532	2676		A. It is the fiduciary duty of the Oklahoma Employment Security
1533	2677		Commission to return overpayments received in the employer's
1534	2678		unemployment tax account . Upon the termination of the employer’s
1535	2679		unemployment tax account, the Commission will issue a refund of any
1536		-
1537		-	ENR. S. B. NO. 794 Page 36
1538	2680		remaining credit balance by mailing it to the last address provided
1539	2681		by the employer. If an employer's unemployment tax account has been
1540	2682		terminated and has a credit balance that has been at that level for
	2683	+
	2684	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 53 1
	2685	+	2
	2686	+	3
	2687	+	4
	2688	+	5
	2689	+	6
	2690	+	7
	2691	+	8
	2692	+	9
	2693	+	10
	2694	+	11
	2695	+	12
	2696	+	13
	2697	+	14
	2698	+	15
	2699	+	16
	2700	+	17
	2701	+	18
	2702	+	19
	2703	+	20
	2704	+	21
	2705	+	22
	2706	+	23
	2707	+	24
	2708	+
1541	2709		a period of one hundred eighty (180) days or more without a refund
1542	2710		being requested from the employer, the Commission will reduce the
1543	2711		balance of that unemployment tax account to zero (0) and consider
1544	2712		the credit to be forfeited after the Commission has exercised its
1545	2713		fiduciary duty.
1546		-
1547	2714		B. Once the Commission has completed its fiduciary duty in
1548	2715		facilitating the return of the credit to the employer, based upon
1549	2716		the most current mailing address provided by the employer, the
1550	2717		Commission can assume its fiduciary duty is completed. If the
1551	2718		refund of the overpayment is returned to the Commission, the
1552	2719		employer shall consider the funds forfeited and will be prohibited
1553	2720		from requesting the credit balance in the future. All returns of
1554	2721		overpayment shall be returned to the clearing account as set forth
1555	2722		in Section 3-604 of Title 40 of the Okla homa Statutes.
1556		-
1557	2723		SECTION 14. AMENDATORY 40 O.S. 2011, Section 4 -108, is
1558	2724		amended to read as follows:
1559		-
1560	2725		Section 4-108. EXECUTIVE DIRECTOR.
1561		-
1562	2726		A. The chief executive officer of the Commission shall be the
1563	2727		Executive Director who shall be ap pointed by and serve at the
1564	2728		pleasure of the Commission. The Executive Director shall have such
1565	2729		compensation and further duties as the Commission may establish.
1566	2730		The Executive Director may appoint in the unclassified service a
1567	2731		Deputy Director and an Associ ate Director hire, promote and
1568	2732		terminate personnel, and shall fix the qualifications and duties of
	2733	+
	2734	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 54 1
	2735	+	2
	2736	+	3
	2737	+	4
	2738	+	5
	2739	+	6
	2740	+	7
	2741	+	8
	2742	+	9
	2743	+	10
	2744	+	11
	2745	+	12
	2746	+	13
	2747	+	14
	2748	+	15
	2749	+	16
	2750	+	17
	2751	+	18
	2752	+	19
	2753	+	20
	2754	+	21
	2755	+	22
	2756	+	23
	2757	+	24
	2758	+
1569	2759		such position. The Executive Director may also appoint in the
1570	2760		unclassified service secretaries to the Executive Director, Deputy
1571	2761		Director, and Associate Dir ector personnel.
1572		-
1573	2762		B. If a person has acquired grade, rank and career status under
1574	2763		the merit system of personnel administration within the Oklahoma
1575	2764		Employment Security Commission before being appointed as Executive
1576	2765		Director, Deputy Director, Associate Direc tor, or unclassified
1577	2766		secretary, that person shall:
1578		-
1579		-
1580		-	ENR. S. B. NO. 794 Page 37
1581	2767		1. Upon termination from the unclassified position, have the
1582	2768		right to be reinstated to the position within the Oklahoma
1583	2769		Employment Security Commission which was held prior to such
1584	2770		appointment, or to an eq uivalent position, unless the person was
1585	2771		terminated for a reason that would justify termination of a
1586	2772		classified employee or disqualify the person for reinstatement under
1587	2773		the Oklahoma Personnel Act or the rules implementing it; and
1588		-
1589	2774		2. Be entitled during th e unclassified appointment to continue
1590	2775		to participate without interruption in any fringe benefit programs
1591	2776		available to career employees including, but not limited to,
1592	2777		retirement and insurance programs.
1593		-
1594	2778		SECTION 15. AMENDATORY 40 O.S. 2011, Section 4-311, is
1595	2779		amended to read as follows:
1596		-
1597	2780		Section 4-311. COMMISSION SHALL PUBLISH RULES.
1598		-
1599	2781		The Oklahoma Employment Security Commission shall cause to be
1600	2782		printed for distribution to the public the text of this act Section
	2783	+
	2784	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 55 1
	2785	+	2
	2786	+	3
	2787	+	4
	2788	+	5
	2789	+	6
	2790	+	7
	2791	+	8
	2792	+	9
	2793	+	10
	2794	+	11
	2795	+	12
	2796	+	13
	2797	+	14
	2798	+	15
	2799	+	16
	2800	+	17
	2801	+	18
	2802	+	19
	2803	+	20
	2804	+	21
	2805	+	22
	2806	+	23
	2807	+	24
	2808	+
1601	2809		1-101 et seq. of this titl e, the Commission's rules, its annual
1602	2810		reports to the Governor , and any other material the Commission deems
1603	2811		relevant and suitable and shall furnish the same to any person upon
1604	2812		application therefor to be published on the Commission website in a
1605	2813		manner that can be accessed by the general public .
1606		-
1607	2814		SECTION 16. AMENDATORY 40 O.S. 2011, Section 4 -312, as
1608	2815		amended by Section 130, Chapter 304, O.S.L. 2012 (40 O.S. Supp.
1609	2816		2020, Section 4-312), is amended to read as follows:
1610		-
1611	2817		Section 4-312. PERSONNEL AND COMPENSATION.
1612		-
1613	2818		Subject to other provisions of this act Section 1-101 et seq. of
1614	2819		this title, the Oklahoma Employment Security Commission is
1615	2820		authorized to appoint, fix the compensation and prescribe the duties
1616	2821		and powers of such officers, accountants , attorneys, experts , and
1617	2822		other persons as may be necessary in the performance of its duties
1618	2823		under this act Section 1-101 et seq. of this title . The Commission
1619	2824		may delegate to any such persons such power and authority as it
1620	2825		deems reasonable and proper for the effective administration of this
1621	2826		act, and may in its discretion bond any person handling moneys or
1622	2827		signing checks hereunder. The Commission is authorized and directed
1623		-
1624		-	ENR. S. B. NO. 794 Page 38
	2828	+	to maintain the existing merit system covering all persons employed
	2829	+	in the administration of this act and shall have authority, by rule,
	2830	+	to provide for all matters which are appropriate to the
	2831	+	establishment and maintenance of such a merit system on the basis of
	2832	+	efficiency and fitness. The Commission is authorized to adopt such
	2833	+
	2834	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 56 1
	2835	+	2
	2836	+	3
	2837	+	4
	2838	+	5
	2839	+	6
	2840	+	7
	2841	+	8
	2842	+	9
	2843	+	10
	2844	+	11
	2845	+	12
	2846	+	13
	2847	+	14
	2848	+	15
	2849	+	16
	2850	+	17
	2851	+	18
	2852	+	19
	2853	+	20
	2854	+	21
	2855	+	22
	2856	+	23
	2857	+	24
	2858	+
	2859	+	rules as may be necessary to meet personnel standards promulgated by
	2860	+	the Office of Management and Enterprise Services pursuant to the
	2861	+	Social Security Act, as amended, and the Act of Congress entitled
	2862	+	"An Act to provide for the establishment of a national employment
	2863	+	system, and for other purposes", approved June 6, 1933, as amended ,
	2864	+	and to provide for the maintenance of the merit system required
	2865	+	under this section in conjunction with any merit system applicable
	2866	+	to any other state agency or agencies which meets the pe rsonnel
	2867	+	standards promulgated by the Office of Management and Enterprise
	2868	+	Services.
	2869	+	SECTION 17. AMENDATORY 40 O.S. 2011, Section 4 -508, as
	2870	+	last amended by Section 10, Chapter 251, O.S.L. 2019 (40 O.S. Supp.
	2871	+	2020, Section 4-508), is amended to read as follows:
	2872	+	Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL -
	2873	+	DISCLOSURE.
	2874	+	A. Except as otherwise provided by law, information obtained
	2875	+	from any employing unit or individual pursuant to the administration
	2876	+	of the Employment Security Act of 1980, any workforce system program
	2877	+	administered or monitored by the Oklahoma Employment Security
	2878	+	Commission, and determinations as to the benefit rights of any
	2879	+	individual shall be kept confidential and shall not be disclosed or
	2880	+	be open to public inspect ion in any manner revealing the
	2881	+	individual's or employing unit's identity. Any claimant , or
	2882	+	employer, or agent of either as authorized in writing, shall be
	2883	+
	2884	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 57 1
	2885	+	2
	2886	+	3
	2887	+	4
	2888	+	5
	2889	+	6
	2890	+	7
	2891	+	8
	2892	+	9
	2893	+	10
	2894	+	11
	2895	+	12
	2896	+	13
	2897	+	14
	2898	+	15
	2899	+	16
	2900	+	17
	2901	+	18
	2902	+	19
	2903	+	20
	2904	+	21
	2905	+	22
	2906	+	23
	2907	+	24
	2908	+
	2909	+	supplied with information from the records of the Oklahoma
	2910	+	Employment Security Commission, to the e xtent necessary for the
	2911	+	proper presentation of the claim or complaint in any proceeding
	2912	+	under the Employment Security Act of 1980, with respect thereto.
	2913	+	B. Upon receipt of written request by any employer who
	2914	+	maintains a Supplemental Unemployment Benefit ( SUB) Plan, the
	2915	+	Commission or its designated representative may release to that
	2916	+	employer information regarding weekly benefit amounts paid its
	2917	+	workers during a specified temporary layoff period, provided the
	2918	+	Supplemental Unemployment Benefit (SUB) Plan requ ires benefit
	2919	+	payment information before Supplemental Unemployment Benefits can be
	2920	+	paid to the workers. Any information disclosed under this provision
	2921	+	shall be utilized solely for the purpose outlined herein and shall
	2922	+	be held strictly confidential by the e mployer.
	2923	+	C. The provisions of this section shall not prevent the
	2924	+	Commission from disclosing the following information and no
	2925	+	liability whatsoever, civil or criminal, shall attach to any member
	2926	+	of the Commission or any employee thereof for any error or omi ssion
	2927	+	in the disclosure of this information:
	2928	+	1. The delivery to taxpayer or claimant a copy of any report or
	2929	+	other paper filed by the taxpayer or claimant pursuant to the
	2930	+	Employment Security Act of 1980;
	2931	+	2. The disclosure of information to any person for a purpose as
	2932	+	authorized by the taxpayer or claimant pursuant to a waiver of
	2933	+
	2934	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 58 1
	2935	+	2
	2936	+	3
	2937	+	4
	2938	+	5
	2939	+	6
	2940	+	7
	2941	+	8
	2942	+	9
	2943	+	10
	2944	+	11
	2945	+	12
	2946	+	13
	2947	+	14
	2948	+	15
	2949	+	16
	2950	+	17
	2951	+	18
	2952	+	19
	2953	+	20
	2954	+	21
	2955	+	22
	2956	+	23
	2957	+	24
	2958	+
	2959	+	confidentiality. The waiver shall be in writing and shall be
	2960	+	notarized;
	2961	+	3. The Oklahoma Department of Commerce may have access to data
	2962	+	obtained pursuant to the Employment Securi ty Act of 1980 pursuant to
	2963	+	rules promulgated by the Commission. The information obtained shall
	2964	+	be held confidential by the Department and any of its agents and
	2965	+	shall not be disclosed or be open to public inspection. The
	2966	+	Oklahoma Department of Commerce, h owever, may release aggregated
	2967	+	data, either by industry or county, provided that the aggregation
	2968	+	meets disclosure requirements of the Commission;
	2969	+	4. The publication of statistics so classified as to prevent
	2970	+	the identification of a particular report and th e items thereof;
	2971	+	5. The disclosing of information or evidence to the Attorney
	2972	+	General or any district attorney when the information or evidence is
	2973	+	to be used by the officials or other parties to the proceedings to
	2974	+	prosecute or defend allegations of violat ions of the Employment
	2975	+	Security Act of 1980. The information disclosed to the Attorney
	2976	+	General or any district attorney shall be kept confidential by them
	2977	+	and not be disclosed except when presented to a court in a
	2978	+	prosecution of a violation of Section 1 -101 et seq. of this title,
	2979	+	and a violation by the Attorney General or district attorney by
	2980	+	otherwise releasing the information shall be a felony;
	2981	+	6. The furnishing, at the discretion of the Commission, of any
	2982	+	information disclosed by the records or files t o any official person
	2983	+
	2984	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 59 1
	2985	+	2
	2986	+	3
	2987	+	4
	2988	+	5
	2989	+	6
	2990	+	7
	2991	+	8
	2992	+	9
	2993	+	10
	2994	+	11
	2995	+	12
	2996	+	13
	2997	+	14
	2998	+	15
	2999	+	16
	3000	+	17
	3001	+	18
	3002	+	19
	3003	+	20
	3004	+	21
	3005	+	22
	3006	+	23
	3007	+	24
	3008	+
	3009	+	or body of this state, any other state or of the United States who
	3010	+	is concerned with the administration of assessment of any similar
	3011	+	tax in this state, any other state or the United States;
	3012	+	7. The furnishing of information to other s tate agencies for
	3013	+	the limited purpose of aiding in the collection of debts owed by
	3014	+	individuals to the requesting agencies or the Oklahoma Employment
	3015	+	Security Commission;
	3016	+	8. The release of information to employees of the Oklahoma
	3017	+	Department of Transportati on or any Metropolitan Planning
	3018	+	Organization as defined in 23 U.S.C., Section 134 and 49 U.S.C.,
	3019	+	Section 5303 of information required for use in federally mandated
	3020	+	regional transportation planning, which is performed as a part of
	3021	+	its official duties;
	3022	+	9. The release of information to employees of the Oklahoma
	3023	+	State Treasurer's office of information required to verify or
	3024	+	evaluate the effectiveness of the Oklahoma Small Business Linked
	3025	+	Deposit Program on job creation;
	3026	+	10. The release of information to employees of the Attorney
	3027	+	General, the Department of Labor, the Workers' Compensation
	3028	+	Commission, and the Insurance Department for use in investigation of
	3029	+	workers' compensation fraud;
	3030	+	11. The release of information to employees of any Oklahoma
	3031	+	state, Oklahoma county, Oklahoma municipal or Oklahoma tribal law
	3032	+
	3033	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 60 1
	3034	+	2
	3035	+	3
	3036	+	4
	3037	+	5
	3038	+	6
	3039	+	7
	3040	+	8
	3041	+	9
	3042	+	10
	3043	+	11
	3044	+	12
	3045	+	13
	3046	+	14
	3047	+	15
	3048	+	16
	3049	+	17
	3050	+	18
	3051	+	19
	3052	+	20
	3053	+	21
	3054	+	22
	3055	+	23
	3056	+	24
	3057	+
	3058	+	enforcement agency for use in criminal investigations and the
	3059	+	location of missing persons or fugitives from justice;
	3060	+	12. The release of information to employees of the Center of
	3061	+	International Trade, Oklahom a State University, of information
	3062	+	required for the development of International Trade for employers
	3063	+	doing business in the State of Oklahoma;
	3064	+	13. The release of information to employees of the Oklahoma
	3065	+	State Regents for Higher Education of information required for use
	3066	+	in the default prevention efforts and/or collection of defaulted
	3067	+	student loans guaranteed by the Oklahoma Guaranteed Student Loan
	3068	+	Program. Any information disclosed under this provision shall be
	3069	+	utilized solely for the purpose outlined herei n and shall be held
	3070	+	strictly confidential by the Oklahoma State Regents for Higher
	3071	+	Education;
	3072	+	14. The release of information to employees of the Oklahoma
	3073	+	Department of Career and Technology Education, the Oklahoma State
	3074	+	Regents for Higher Education, the Center for Economic and Management
	3075	+	Research of the University of Oklahoma, the Center for Economic and
	3076	+	Business Development at Southwestern Oklahoma State University , or a
	3077	+	center of economic and business research or development at a
	3078	+	comprehensive or regiona l higher education institution within The
	3079	+	Oklahoma State System of Higher Education of information required to
	3080	+	identify economic trends or educational outcomes . The information
	3081	+	obtained shall be kept confidential by the Oklahoma Department of
	3082	+
	3083	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 61 1
	3084	+	2
	3085	+	3
	3086	+	4
	3087	+	5
	3088	+	6
	3089	+	7
	3090	+	8
	3091	+	9
	3092	+	10
	3093	+	11
	3094	+	12
	3095	+	13
	3096	+	14
	3097	+	15
	3098	+	16
	3099	+	17
	3100	+	18
	3101	+	19
	3102	+	20
	3103	+	21
	3104	+	22
	3105	+	23
	3106	+	24
	3107	+
	3108	+	Career and Technology Education, the Oklahoma State Regents for
	3109	+	Higher Education and the higher education institution and shall not
	3110	+	be disclosed or be open to public inspection. The Oklahoma
	3111	+	Department of Career and Technology Education, the Oklahoma State
	3112	+	Regents for Higher Education and the higher education institution
	3113	+	may release aggregated data, provided that the aggregation meets
	3114	+	disclosure requirements of the Commission;
	3115	+	15. The release of information to employees of the Office of
	3116	+	Management and Enterprise Serv ices of information required to
	3117	+	identify economic trends. The information obtained shall be kept
	3118	+	confidential by the Office of Management and Enterprise Services and
	3119	+	shall not be disclosed or be open to public inspection. The Office
	3120	+	of Management and Ent erprise Services may release aggregate data,
	3121	+	provided that the aggregation meets disclosure requirements of the
	3122	+	Oklahoma Employment Security Commission;
	3123	+	16. The release of information to employees of the Department
	3124	+	of Mental Health and Substance Abuse Ser vices of information
	3125	+	required to evaluate the effectiveness of mental health and
	3126	+	substance abuse treatment and state or local programs utilized to
	3127	+	divert persons from inpatient treatment. The information obtained
	3128	+	shall be kept confidential by the Departme nt and shall not be
	3129	+	disclosed or be open to public inspection. The Department of Mental
	3130	+	Health and Substance Abuse Services, however, may release aggregated
	3131	+	data, either by treatment facility, program or larger aggregate
	3132	+
	3133	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 62 1
	3134	+	2
	3135	+	3
	3136	+	4
	3137	+	5
	3138	+	6
	3139	+	7
	3140	+	8
	3141	+	9
	3142	+	10
	3143	+	11
	3144	+	12
	3145	+	13
	3146	+	14
	3147	+	15
	3148	+	16
	3149	+	17
	3150	+	18
	3151	+	19
	3152	+	20
	3153	+	21
	3154	+	22
	3155	+	23
	3156	+	24
	3157	+
	3158	+	units, provided that the aggregati on meets disclosure requirements
	3159	+	of the Oklahoma Employment Security Commission;
	3160	+	17. The release of information to employees of the Attorney
	3161	+	General, the Oklahoma State Bureau of Investigation , and the
	3162	+	Insurance Department for use in the investigation of insurance fraud
	3163	+	and health care fraud;
	3164	+	18. The release of information to employees of public housing
	3165	+	agencies for purposes of determining eligibility pursuant to 42
	3166	+	U.S.C., Section 503(i);
	3167	+	19. The release of wage and benefit claim information, at the
	3168	+	discretion of the Commission, to an agency of this state or its
	3169	+	political subdivisions that operate a program or activity designated
	3170	+	as a required partner in the Workforce Innovation and Opportunity
	3171	+	Act One-Stop delivery system pursuant to 29 U.S.C.A., Sectio n
	3172	+	3151(b)(1), based on a showing of need made to the Commission and
	3173	+	after an agreement concerning the release of information is entered
	3174	+	into with the entity receiving the information . For the limited
	3175	+	purpose of completing performance accountability report s required by
	3176	+	the Workforce Innovation and Opportunity Act, only those designated
	3177	+	required partners that meet the 20 CFR Section 603.2(d) definition
	3178	+	of public official may contract with a private agent or contractor
	3179	+	pursuant to 20 CFR Section 603.5(f) for the purpose of the private
	3180	+	agent or contractor receiving confidential unemployment compensation
	3181	+
	3182	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 63 1
	3183	+	2
	3184	+	3
	3185	+	4
	3186	+	5
	3187	+	6
	3188	+	7
	3189	+	8
	3190	+	9
	3191	+	10
	3192	+	11
	3193	+	12
	3194	+	13
	3195	+	14
	3196	+	15
	3197	+	16
	3198	+	17
	3199	+	18
	3200	+	19
	3201	+	20
	3202	+	21
	3203	+	22
	3204	+	23
	3205	+	24
	3206	+
	3207	+	information to the extent necessary to complete the performance
	3208	+	accountability reports ;
	3209	+	20. The release of information to the State Wage Interchange
	3210	+	System, at the discretion of the Commission;
	3211	+	21. The release of information to the Bureau of the Census of
	3212	+	the U.S. Department of Commerce for the purpose of economic and
	3213	+	statistical research;
	3214	+	22. The release of employer tax information and benefit claim
	3215	+	information to the Oklahoma Health Care Authority for use in
	3216	+	determining eligibility for a program that will provide subsidies
	3217	+	for health insurance premiums for qualified employers, employees,
	3218	+	self-employed persons, and unemployed persons;
	3219	+	23. The release of emplo yer tax information and benefit claim
	3220	+	information to the State Department of Rehabilitation Services for
	3221	+	use in assessing results and outcomes of clients served;
	3222	+	24. The release of information to any state or federal law
	3223	+	enforcement authority when necessa ry in the investigation of any
	3224	+	crime in which the Commission is a victim. Information that is
	3225	+	confidential under this section shall be held confidential by the
	3226	+	law enforcement authority unless and until it is required for use in
	3227	+	court in the prosecution o f a defendant in a criminal prosecution;
	3228	+	25. The release of information to vendors that contract with
	3229	+	the Oklahoma Employment Security Commission to provide for the
	3230	+	issuance of debit cards, to conduct electronic fund transfers, to
	3231	+
	3232	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 64 1
	3233	+	2
	3234	+	3
	3235	+	4
	3236	+	5
	3237	+	6
	3238	+	7
	3239	+	8
	3240	+	9
	3241	+	10
	3242	+	11
	3243	+	12
	3244	+	13
	3245	+	14
	3246	+	15
	3247	+	16
	3248	+	17
	3249	+	18
	3250	+	19
	3251	+	20
	3252	+	21
	3253	+	22
	3254	+	23
	3255	+	24
	3256	+
	3257	+	perform computer program ming operations, or to perform computer
	3258	+	maintenance or replacement operations; provided the vendor agrees to
	3259	+	protect and safeguard the information it receives and to destroy the
	3260	+	information when no longer needed for the purposes set out in the
	3261	+	contract;
	3262	+	26. The release of information to employees of the Office of
	3263	+	Juvenile Affairs of information for use in assessing results and
	3264	+	outcomes of clients served as well as the effectiveness of state and
	3265	+	local juvenile and justice programs including prevention and
	3266	+	treatment programs. The information obtained shall be kept
	3267	+	confidential by the Office of Juvenile Affairs and shall not be
	3268	+	disclosed or be open to public inspection. The Office of Juvenile
	3269	+	Affairs may release aggregated data for programs or larger aggrega te
	3270	+	units, provided that the aggregation meets disclosure requirements
	3271	+	of the Oklahoma Employment Security Commission;
	3272	+	27. The release of information to vendors that contract with
	3273	+	the State of Oklahoma for the purpose of providing a public
	3274	+	electronic labor exchange system that will support the Oklahoma
	3275	+	Employment Security Commission's operation of an employment service
	3276	+	system to connect employers with job seekers and military veterans.
	3277	+	This labor exchange system would enhance the stability and security
	3278	+	of Oklahoma's economy as well as support the provision of veterans'
	3279	+	priority of service. The vendors may perform computer programming
	3280	+	operations, perform computer maintenance or replacement operations,
	3281	+
	3282	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 65 1
	3283	+	2
	3284	+	3
	3285	+	4
	3286	+	5
	3287	+	6
	3288	+	7
	3289	+	8
	3290	+	9
	3291	+	10
	3292	+	11
	3293	+	12
	3294	+	13
	3295	+	14
	3296	+	15
	3297	+	16
	3298	+	17
	3299	+	18
	3300	+	19
	3301	+	20
	3302	+	21
	3303	+	22
	3304	+	23
	3305	+	24
	3306	+
	3307	+	or host the electronic solution; provided each vendor ag rees to
	3308	+	protect and safeguard all information received, that no information
	3309	+	shall be disclosed to any third party, that the use of the
	3310	+	information shall be restricted to the scope of the contract, and
	3311	+	that the vendor shall properly dispose of all informati on when no
	3312	+	longer needed for the purposes set out in the contract; or
	3313	+	28. The release of employer tax information and benefit claim
	3314	+	information to employees of a county public defender's office in the
	3315	+	State of Oklahoma and the Oklahoma Indigent Defense Sy stem for the
	3316	+	purpose of determining financial eligibility for the services
	3317	+	provided by such entities.
	3318	+	D. Subpoenas to compel disclosure of information made
	3319	+	confidential by this statute shall not be valid, except for
	3320	+	administrative subpoenas issued by fede ral, state, or local
	3321	+	governmental agencies that have been granted subpoena power by
	3322	+	statute or ordinance. Confidential information maintained by the
	3323	+	Commission can be obtained by order of a court of record that
	3324	+	authorizes the release of the records in wri ting. All
	3325	+	administrative subpoenas or court orders for production of documents
	3326	+	must provide a minimum of twenty (20) days from the date it is
	3327	+	served for the Commission to produce the documents. If the date on
	3328	+	which production of the documents is required is less than twenty
	3329	+	(20) days from the date of service, the subpoena or order shall be
	3330	+	considered void on its face as an undue burden or hardship on the
	3331	+
	3332	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 66 1
	3333	+	2
	3334	+	3
	3335	+	4
	3336	+	5
	3337	+	6
	3338	+	7
	3339	+	8
	3340	+	9
	3341	+	10
	3342	+	11
	3343	+	12
	3344	+	13
	3345	+	14
	3346	+	15
	3347	+	16
	3348	+	17
	3349	+	18
	3350	+	19
	3351	+	20
	3352	+	21
	3353	+	22
	3354	+	23
	3355	+	24
	3356	+
	3357	+	Commission. All administrative subpoenas, court orders or notarized
	3358	+	waivers of confidentiality author ized by paragraph 2 of subsection C
	3359	+	of this section shall be presented with a request for records within
	3360	+	ninety (90) days of the date the document is issued or signed, and
	3361	+	the document can only be used one time to obtain records.
	3362	+	E. Should any of the disc losures provided for in this section
	3363	+	require more than casual or incidental staff time, the Commission
	3364	+	shall charge the cost of the staff time to the party requesting the
	3365	+	information.
	3366	+	F. It is further provided that the provisions of this section
	3367	+	shall be strictly interpreted and shall not be construed as
	3368	+	permitting the disclosure of any other information contained in the
	3369	+	records and files of the Commission.
	3370	+	SECTION 18. AMENDATORY 40 O.S. 2011, Section 5 -107, is
	3371	+	amended to read as f ollows:
	3372	+	Section 5-107. WRONGFUL DISCLOSURE OF INFORMATION.
	3373	+	If any employee or member of the Board of Review or the Oklahoma
	3374	+	Employment Security Commission or any employee of the Commission, in
	3375	+	violation of or any employee of a governmental unit, private
	3376	+	business or nonprofit entity that is allowed access to information
	3377	+	under Section 4-508 of this title, makes any disclosure of
	3378	+	confidential information obtained from any employing unit or
	3379	+	individual in the administration of this act or otherwise violates
	3380	+	Section 4-508 of this title, or if any person who has obtained any
	3381	+
	3382	+	ENGR. H. A. to ENGR. S. B. NO. 794 Page 67 1
	3383	+	2
	3384	+	3
	3385	+	4
	3386	+	5
	3387	+	6
	3388	+	7
	3389	+	8
	3390	+	9
	3391	+	10
	3392	+	11
	3393	+	12
	3394	+	13
	3395	+	14
	3396	+	15
	3397	+	16
	3398	+	17
	3399	+	18
	3400	+	19
	3401	+	20
	3402	+	21
	3403	+	22
	3404	+	23
	3405	+	24
	3406	+
	3407	+	list of applicants for work, or of claimants or recipients of
	3408	+	benefits, under this act Section 5-101 et seq. of this title shall
	3409	+	use or permit the use of such list for any political purpose, he
	3410	+	such individual shall be guilty of a misdemeanor and shall be
	3411	+	punished by a fine of not less than Fifty Dollars ($50.00) nor more
	3412	+	than Five Hundred Dollars ($500.00), or imprisoned for not longer
	3413	+	than ninety (90) days, or both.
	3414	+	SECTION 19. This act shall become effective November 1, 2021. "
	3415	+	Passed the House of Representatives the 13th day of April, 2021.
	3416	+
	3417	+
	3418	+
	3419	+
	3420	+
	3421	+	Presiding Officer of the House of
	3422	+	Representatives
	3423	+
	3424	+
	3425	+	Passed the Senate the ____ day of __________, 2021.
	3426	+
	3427	+
	3428	+
	3429	+
	3430	+
	3431	+	Presiding Officer of the Senate
	3432	+
	3433	+
	3434	+	ENGR. S. B. NO. 794 Page 1 1
	3435	+	2
	3436	+	3
	3437	+	4
	3438	+	5
	3439	+	6
	3440	+	7
	3441	+	8
	3442	+	9
	3443	+	10
	3444	+	11
	3445	+	12
	3446	+	13
	3447	+	14
	3448	+	15
	3449	+	16
	3450	+	17
	3451	+	18
	3452	+	19
	3453	+	20
	3454	+	21
	3455	+	22
	3456	+	23
	3457	+	24
	3458	+
	3459	+	ENGROSSED SENATE
	3460	+	BILL NO. 794 By: Leewright of the Senate
	3461	+
	3462	+	and
	3463	+
	3464	+	Wallace of the House
	3465	+
	3466	+
	3467	+
	3468	+
	3469	+	An Act relating to the Oklahoma Employment Security
	3470	+	Commission; amending 40 O.S. 2011, Section 1 -210, as
	3471	+	last amended by Section 2, Chapter 342, O.S. L. 2019
	3472	+	(40 O.S. Supp. 2020, Section 1 -210), which relates to
	3473	+	employment; modifying statutory language; deleting
	3474	+	gender references; amending 40 O.S. 2011, Section 1 -
	3475	+	224, as amended by Section 2, Chapter 71, O.S.L. 2013
	3476	+	(40 O.S. Supp. 2020, Section 1 -224), which relates to
	3477	+	filing; making e-file preference for filing;
	3478	+	requiring notice for other filing methods; deleting
	3479	+	statutory language; amending 40 O.S. 2011, Section 2 -
	3480	+	203, as last amended by Section 3, Chapter 251,
	3481	+	O.S.L. 2019 (40 O.S. Supp. 2020, Section 2-203),
	3482	+	which relates to claims; providing digital portal for
	3483	+	claims; amending 40 O.S. 2011, Section 2 -209, as last
	3484	+	amended by Section 2, Chapter 14, O.S.L. 2018 (40
	3485	+	O.S. Supp. 2020, Section 2 -209), which relates to
	3486	+	benefits for nonprofit employers; exempt ing certain
	3487	+	persons from certain benefits; amending 40 O.S. 2011,
	3488	+	Section 2-406, as last amended by Section 3, Chapter
	3489	+	220, O.S.L. 2014 (40 O.S. Supp. 2020, Section 2 -406),
	3490	+	which relates to discharge for misconduct; modifying
	3491	+	statutory language; amending S ection 1, Chapter 338,
	3492	+	O.S.L. 2016 (40 O.S. Supp. 2020, Section 2 -422),
	3493	+	which relates to seasonal workers; providing certain
	3494	+	benefits between seasonal and nonseasonal periods;
	3495	+	providing for claims on terminated seasonal
	3496	+	employees; amending 40 O.S. 2011, Se ction 2-503, as
	3497	+	last amended by Section 5, Chapter 251, O.S.L. 2019
	3498	+	(40 O.S. Supp. 2020, Section 2 -503), which relates to
	3499	+	notice and objections; construing certain notices;
	3500	+	providing certain notices by e -filing; stating time
	3501	+	for notices; permitting objecti ons by e-filing;
	3502	+	listing reasons for objection; amending 40 O.S. 2011,
	3503	+	Section 2-610, which relates to judicial review;
	3504	+	modifying language; amending 40 O.S. 2011, Section 2 -
	3505	+	616, as amended by Section 7, Chapter 71, O.S.L. 2013
	3506	+
	3507	+	ENGR. S. B. NO. 794 Page 2 1
	3508	+	2
	3509	+	3
	3510	+	4
	3511	+	5
	3512	+	6
	3513	+	7
	3514	+	8
	3515	+	9
	3516	+	10
	3517	+	11
	3518	+	12
	3519	+	13
	3520	+	14
	3521	+	15
	3522	+	16
	3523	+	17
	3524	+	18
	3525	+	19
	3526	+	20
	3527	+	21
	3528	+	22
	3529	+	23
	3530	+	24
	3531	+
	3532	+	(40 O.S. Supp. 2020, Section 2-616), which relates to
	3533	+	overpayment; distinguishing fraud and claimant error
	3534	+	in overpayment; providing appeal process; stating
	3535	+	time for appeal; making determination final without
	3536	+	appeal; amending 40 O.S. 2011, Section 2 -801, as
	3537	+	amended by Section 9, Chapt er 14, O.S.L. 2018 (40
	3538	+	O.S. Supp. 2020, Section 2 -801), which relates to
	3539	+	child support collection; modifying methods for
	3540	+	notification of child support; deleting statutory
	3541	+	language; amending 40 O.S. 2011, Section 3 -106.1,
	3542	+	which relates to benefit wages char ged; exempting
	3543	+	certain benefit wages for pandemic; amending 40 O.S.
	3544	+	2011, Section 3-307, which relates to remittances;
	3545	+	providing for automatic clearinghouse (ACH) payments;
	3546	+	authorizing certain payments set by Commission;
	3547	+	establishing a fiduciary duty to re turn overpayments
	3548	+	to employers; allowing for forfeiture after certain
	3549	+	time; construing when fiduciary duty is complete;
	3550	+	prohibiting employer request for overpayment return
	3551	+	after certain time; directing deposit of certain
	3552	+	returns to certain account; amendin g 40 O.S. 2011,
	3553	+	Section 4-108, which relates to executive director;
	3554	+	deleting authority to appoint certain persons;
	3555	+	deleting authority to reinstate personnel; amending
	3556	+	40 O.S. 2011, Section 4 -311, which relates to
	3557	+	published rules; requiring reports be publi shed on
	3558	+	website; amending 40 O.S. 2011, Section 4 -312, as
	3559	+	amended by Section 130, Chapter 304, O.S.L. 2012 (40
	3560	+	O.S. Supp. 2020, Section 4 -312), which relates to
	3561	+	personnel compensation; deleting authority to
	3562	+	delegate powers; amending 40 O.S. 2011, Section 4 -
	3563	+	508, as last amended by Section 10, Chapter 251,
	3564	+	O.S.L. 2019 (40 O.S. Supp. 2020, Section 4 -508),
	3565	+	which relates to confidential information; deleting
	3566	+	Metropolitan Planning Organization for receipt of
	3567	+	certain information; adding Oklahoma Department of
	3568	+	Career and Technology Education and Oklahoma State
	3569	+	Regents for Higher Education for receipt of certain
	3570	+	information; authorizing certain partners of the
	3571	+	Workforce Innovation and Opportunity Act to receive
	3572	+	certain information; amending 40 O.S. 2011, Section
	3573	+	5-107, which relates to wrongful disclosure of
	3574	+	information; expanding wrongful disclosure of
	3575	+	information; providing for codification; and
	3576	+	providing an effective date.
	3577	+
	3578	+
	3579	+
	3580	+	ENGR. S. B. NO. 794 Page 3 1
	3581	+	2
	3582	+	3
	3583	+	4
	3584	+	5
	3585	+	6
	3586	+	7
	3587	+	8
	3588	+	9
	3589	+	10
	3590	+	11
	3591	+	12
	3592	+	13
	3593	+	14
	3594	+	15
	3595	+	16
	3596	+	17
	3597	+	18
	3598	+	19
	3599	+	20
	3600	+	21
	3601	+	22
	3602	+	23
	3603	+	24
	3604	+
	3605	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	3606	+	SECTION 20. AMENDATORY 40 O.S. 2011, Section 1 -210, as
	3607	+	last amended by Section 2, Chapter 342, O.S.L. 2019 (40 O.S. Supp.
	3608	+	2020, Section 1-210), is amended to read as follows:
	3609	+	Section 1-210. EMPLOYMENT. "Employment" means:
	3610	+	(1) Any service, including service in inter state commerce,
	3611	+	performed by:
	3612	+	(a) any officer of a corporation; or
	3613	+	(b) any individual who, under the usual common -law rules
	3614	+	applicable in determining the employer -employee
	3615	+	relationship, as provided in paragraph (14) of this
	3616	+	section, has the status of an em ployee.
	3617	+	(2) (a) any service, including service in interstate commerce,
	3618	+	performed by any individual other than an individual
	3619	+	who is an employee under paragraph (1) of this section
	3620	+	who performs services for remuneration for any person:
	3621	+	(i) as an agent-driver or commission-driver engaged
	3622	+	in distributing meat products, vegetable
	3623	+	products, fruit products, bakery products,
	3624	+	beverages other than milk, or laundry or dry
	3625	+	cleaning services, for his or her the
	3626	+	individual’s principal; or
	3627	+	(ii) as a traveling or city sale sperson, other than as
	3628	+	an agent-driver or commission -driver, engaged
	3629	+
	3630	+	ENGR. S. B. NO. 794 Page 4 1
	3631	+	2
	3632	+	3
	3633	+	4
	3634	+	5
	3635	+	6
	3636	+	7
	3637	+	8
	3638	+	9
	3639	+	10
	3640	+	11
	3641	+	12
	3642	+	13
	3643	+	14
	3644	+	15
	3645	+	16
	3646	+	17
	3647	+	18
	3648	+	19
	3649	+	20
	3650	+	21
	3651	+	22
	3652	+	23
	3653	+	24
	3654	+
	3655	+	upon a full-time basis in the solicitation on
	3656	+	behalf of, and the transmission to, his or her an
	3657	+	individual's principal, except for sideline sales
	3658	+	activities on behalf of some other person , of
	3659	+	orders from wholesalers, retailers, contractors ,
	3660	+	or operators of hotels, restaurants or other
	3661	+	similar establishments for merchandise for resale
	3662	+	or supplies for use in their business operations;
	3663	+	(b) provided, the term "employment" shall include service s
	3664	+	described in divisions (i) and (ii) of subparagraph
	3665	+	(a) of this paragraph if:
	3666	+	(i) the contract of service contemplates that
	3667	+	substantially all of the services are to be
	3668	+	performed personally by such individual;
	3669	+	(ii) the individual does not have a substanti al
	3670	+	investment in facilities used in connection with
	3671	+	the performance of the services, other than in
	3672	+	facilities for transportation; and
	3673	+	(iii) the services are not in the nature of a single
	3674	+	transaction that is not part of a continuing
	3675	+	relationship with the pe rson for whom the
	3676	+	services are performed.
	3677	+	(3) Service performed in the employ of this state or any of its
	3678	+	instrumentalities or any political subdivision thereof or any of its
	3679	+
	3680	+	ENGR. S. B. NO. 794 Page 5 1
	3681	+	2
	3682	+	3
	3683	+	4
	3684	+	5
	3685	+	6
	3686	+	7
	3687	+	8
	3688	+	9
	3689	+	10
	3690	+	11
	3691	+	12
	3692	+	13
	3693	+	14
	3694	+	15
	3695	+	16
	3696	+	17
	3697	+	18
	3698	+	19
	3699	+	20
	3700	+	21
	3701	+	22
	3702	+	23
	3703	+	24
	3704	+
	3705	+	instrumentalities or any instrumentality of more than one of the
	3706	+	foregoing or any instrumentality of any of the foregoing and one or
	3707	+	more other states or political subdivisions; provided, that such
	3708	+	service is excluded from "employment" as defined in the Federal
	3709	+	Unemployment Tax Act, 26 U.S.C., Section 3306(c)(7), and is not
	3710	+	excluded from "employment" under paragraph (7) of this section.
	3711	+	(4) Service performed by an individual in the employ of a
	3712	+	community chest, fund, foundation or corporation, organized and
	3713	+	operated exclusively for religious, charitable, scientific, testing
	3714	+	for public safety, literary or educational purposes, or for the
	3715	+	prevention of cruelty to children or animals, no part of the net
	3716	+	earnings of which inures to the benefit of any private shareholder
	3717	+	or individual, no substantial part of the activities of which is
	3718	+	carrying on propaganda, or otherwise attempting to influence
	3719	+	legislation and which does not participate in, or intervene in,
	3720	+	including the publishing or distributing of statements, any
	3721	+	political campaign on behalf of any candidate for public office;
	3722	+	provided that such organization had four or more individuals in
	3723	+	employment for some portion of a day in each of twenty (20)
	3724	+	different weeks, whether or not such weeks were consecutive, within
	3725	+	either the calendar year or preceding calendar year, regardless of
	3726	+	whether they were employed at the same moment of time.
	3727	+	(5) Service performed by an individual in agricultural labor as
	3728	+	defined in subparagraph (a) of paragraph (15) of this section when:
	3729	+
	3730	+	ENGR. S. B. NO. 794 Page 6 1
	3731	+	2
	3732	+	3
	3733	+	4
	3734	+	5
	3735	+	6
	3736	+	7
	3737	+	8
	3738	+	9
	3739	+	10
	3740	+	11
	3741	+	12
	3742	+	13
	3743	+	14
	3744	+	15
	3745	+	16
	3746	+	17
	3747	+	18
	3748	+	19
	3749	+	20
	3750	+	21
	3751	+	22
	3752	+	23
	3753	+	24
	3754	+
	3755	+	(a) the service is performed for a person who:
	3756	+	(i) during any calendar quarte r in either the
	3757	+	calendar year or the preceding calendar year,
	3758	+	paid remuneration in cash of Twenty Thousand
	3759	+	Dollars ($20,000.00) or more to individuals
	3760	+	employed in agricultural labor; or
	3761	+	(ii) for some portion of a day in each of twenty (20)
	3762	+	different calendar weeks, whether or not the
	3763	+	weeks were consecutive, in either the calendar
	3764	+	year or the preceding calendar year, employed in
	3765	+	agricultural labor ten or more individuals,
	3766	+	regardless of whether they were employed at the
	3767	+	same moment of time.
	3768	+	(b) for the purposes of this paragraph any individual who
	3769	+	is a member of a crew furnished by a crew leader to
	3770	+	perform service in agricultural labor for any other
	3771	+	person shall be treated as an employee of the crew
	3772	+	leader:
	3773	+	(i) if the crew leader holds a valid certificate of
	3774	+	registration under the Farm Labor Contractor
	3775	+	Registration Act of 1963, Public Law 95 -562, 29
	3776	+	U.S.C., Sections 1801 through 1872; or
	3777	+	substantially all the members of the crew operate
	3778	+	or maintain tractors, mechanized harvesting or
	3779	+
	3780	+	ENGR. S. B. NO. 794 Page 7 1
	3781	+	2
	3782	+	3
	3783	+	4
	3784	+	5
	3785	+	6
	3786	+	7
	3787	+	8
	3788	+	9
	3789	+	10
	3790	+	11
	3791	+	12
	3792	+	13
	3793	+	14
	3794	+	15
	3795	+	16
	3796	+	17
	3797	+	18
	3798	+	19
	3799	+	20
	3800	+	21
	3801	+	22
	3802	+	23
	3803	+	24
	3804	+
	3805	+	crop-dusting equipment, or a ny other mechanized
	3806	+	equipment, which is provided by the crew leader;
	3807	+	and
	3808	+	(ii) if the individual is not an employee of the other
	3809	+	person within the meaning of paragraph (1) of
	3810	+	this section or subparagraph (d) of this
	3811	+	paragraph.
	3812	+	(c) for the purposes of this p aragraph, in the case of any
	3813	+	individual who is furnished by a crew leader to
	3814	+	perform service in agricultural labor for any other
	3815	+	person and who is not treated as an employee of the
	3816	+	crew leader under subparagraph (b) of this paragraph:
	3817	+	(i) the other person and not the crew leader shall be
	3818	+	treated as the employer of the individual; and
	3819	+	(ii) the other person shall be treated as having paid
	3820	+	cash remuneration to the individual in an amount
	3821	+	equal to the amount of cash remuneration paid to
	3822	+	the individual by the cr ew leader, either on his
	3823	+	or her the individual's own behalf or on behalf
	3824	+	of the other person, for the service in
	3825	+	agricultural labor performed for the other
	3826	+	person.
	3827	+	(d) for the purposes of this paragraph, the term "crew
	3828	+	leader" means an individual who:
	3829	+
	3830	+	ENGR. S. B. NO. 794 Page 8 1
	3831	+	2
	3832	+	3
	3833	+	4
	3834	+	5
	3835	+	6
	3836	+	7
	3837	+	8
	3838	+	9
	3839	+	10
	3840	+	11
	3841	+	12
	3842	+	13
	3843	+	14
	3844	+	15
	3845	+	16
	3846	+	17
	3847	+	18
	3848	+	19
	3849	+	20
	3850	+	21
	3851	+	22
	3852	+	23
	3853	+	24
	3854	+
	3855	+	(i) furnishes individuals to perform service in
	3856	+	agricultural labor for any other person;
	3857	+	(ii) pays, either on his or her the individual's own
	3858	+	behalf or on behalf of another person, the
	3859	+	individuals so furnished by the crew leader for
	3860	+	the service in agricultural labor performed by
	3861	+	them; and
	3862	+	(iii) has not entered into a written agreement with the
	3863	+	other person (farm operator) under which the
	3864	+	individual is designated as an employee of the
	3865	+	other person.
	3866	+	(6) The term "employment" shall include domestic service in a
	3867	+	private home, local college club or local chapter of a college
	3868	+	fraternity or sorority performed for a person or entity who paid
	3869	+	cash remuneration of One Thousand Dollars ($1,000.00) or more to
	3870	+	individuals employed in domestic service in any calendar quarter in
	3871	+	the calendar year or the preceding calendar year.
	3872	+	(7) For the purposes of paragraphs (3) and (4) of this section
	3873	+	the term "employment" does not apply to service performed:
	3874	+	(a) in the employ of:
	3875	+	(i) a church or convention or association of
	3876	+	churches;
	3877	+	(ii) an organization which is operated primarily for
	3878	+	religious purposes and which is operated,
	3879	+
	3880	+	ENGR. S. B. NO. 794 Page 9 1
	3881	+	2
	3882	+	3
	3883	+	4
	3884	+	5
	3885	+	6
	3886	+	7
	3887	+	8
	3888	+	9
	3889	+	10
	3890	+	11
	3891	+	12
	3892	+	13
	3893	+	14
	3894	+	15
	3895	+	16
	3896	+	17
	3897	+	18
	3898	+	19
	3899	+	20
	3900	+	21
	3901	+	22
	3902	+	23
	3903	+	24
	3904	+
	3905	+	supervised, controlled, or principally supported
	3906	+	by a church or convention or association of
	3907	+	churches; or
	3908	+	(iii) an elementary or secondary school which is
	3909	+	operated primarily for religious purposes, which
	3910	+	is described in 26 U.S.C., Section 501(c)(3), and
	3911	+	which is exempt from tax under 26 U.S.C., Section
	3912	+	501(a);
	3913	+	(b) by a duly ordained, commissioned or licensed minister
	3914	+	of a church in the exercise of his or her ministry or
	3915	+	by a member of a religious order in the exercise of
	3916	+	duties required by the order;
	3917	+	(c) in the employ of a governmental entity referred to in
	3918	+	paragraph (3) of this section if the service is
	3919	+	performed by an individual in the exercise of duties:
	3920	+	(i) as an elected official;
	3921	+	(ii) as a member of a legislative body, or a member of
	3922	+	the judiciary of a state or political
	3923	+	subdivision;
	3924	+	(iii) as a member of the State National Guard or Air
	3925	+	National Guard;
	3926	+	(iv) as an employee serving on a temporary basis in
	3927	+	case of fire, storm, snow, earthquake, flood or
	3928	+	similar emergency;
	3929	+
	3930	+	ENGR. S. B. NO. 794 Page 10 1
	3931	+	2
	3932	+	3
	3933	+	4
	3934	+	5
	3935	+	6
	3936	+	7
	3937	+	8
	3938	+	9
	3939	+	10
	3940	+	11
	3941	+	12
	3942	+	13
	3943	+	14
	3944	+	15
	3945	+	16
	3946	+	17
	3947	+	18
	3948	+	19
	3949	+	20
	3950	+	21
	3951	+	22
	3952	+	23
	3953	+	24
	3954	+
	3955	+	(v) in a position which, under or pursuant to the
	3956	+	laws of this state, is designated as a major
	3957	+	nontenured policymaking or advisory position, or
	3958	+	a policymaking or advisory position the
	3959	+	performance of the duties of which ordinarily
	3960	+	does not require more than eight (8) hours per
	3961	+	week;
	3962	+	(vi) as an election official or election worker if the
	3963	+	amount of remuneration received by the individual
	3964	+	during the calendar year for services as an
	3965	+	election official or el ection worker is less than
	3966	+	One Thousand Dollars ($1,000.00);
	3967	+	(d) by an individual who is participating or enrolled in a
	3968	+	program of an organization that provides
	3969	+	rehabilitation through work for individuals whose
	3970	+	earning capacity is impaired by age, physical or
	3971	+	mental deficiency, or injury, or a program of an
	3972	+	organization that provides work for individuals who,
	3973	+	because of their impaired mental or physical capacity
	3974	+	cannot be readily absorbed into the competitive labor
	3975	+	market; provided that the services are per formed by a
	3976	+	program participant on real property owned or leased
	3977	+	directly by the organization or by a program
	3978	+	participant working under a special certificate issued
	3979	+
	3980	+	ENGR. S. B. NO. 794 Page 11 1
	3981	+	2
	3982	+	3
	3983	+	4
	3984	+	5
	3985	+	6
	3986	+	7
	3987	+	8
	3988	+	9
	3989	+	10
	3990	+	11
	3991	+	12
	3992	+	13
	3993	+	14
	3994	+	15
	3995	+	16
	3996	+	17
	3997	+	18
	3998	+	19
	3999	+	20
	4000	+	21
	4001	+	22
	4002	+	23
	4003	+	24
	4004	+
	4005	+	by the U.S. Secretary of Labor pursuant to 29 U.S.C.,
	4006	+	Section 214(c) and 29 C.F.R., Section 525.1 et seq.;
	4007	+	(e) as part of an unemployment work -relief or work-
	4008	+	training program assisted or financed in whole or in
	4009	+	part by any federal agency or an agency of a state or
	4010	+	political subdivision thereof or of an Indian tribe,
	4011	+	by an individual receiving su ch work-relief or work-
	4012	+	training; or
	4013	+	(f) by an inmate of a custodial or penal institution.
	4014	+	(8) The term "employment" shall include the service of an
	4015	+	individual who is a citizen of the United States, performed outside
	4016	+	the United States, except in Canada, in the employ of an American
	4017	+	employer other than service which is deemed "employment" under the
	4018	+	provisions of paragraph (11) or (12) of this section or the parallel
	4019	+	provisions of another state's law, if:
	4020	+	(a) the employer's principal place of business in the
	4021	+	United States is located in this state;
	4022	+	(b) the employer has no place of business in the United
	4023	+	States, but:
	4024	+	(i) the employer is an individual who is a resident
	4025	+	of this state;
	4026	+	(ii) the employer is a corporation which is organized
	4027	+	under the laws of this sta te; or
	4028	+
	4029	+	ENGR. S. B. NO. 794 Page 12 1
	4030	+	2
	4031	+	3
	4032	+	4
	4033	+	5
	4034	+	6
	4035	+	7
	4036	+	8
	4037	+	9
	4038	+	10
	4039	+	11
	4040	+	12
	4041	+	13
	4042	+	14
	4043	+	15
	4044	+	16
	4045	+	17
	4046	+	18
	4047	+	19
	4048	+	20
	4049	+	21
	4050	+	22
	4051	+	23
	4052	+	24
	4053	+
	4054	+	(iii) the employer is a partnership or a trust and the
	4055	+	number of the partners or trustees who are
	4056	+	residents of this state is greater than the
	4057	+	number who are residents of any one other state;
	4058	+	(c) none of the criteria of subparagraphs (a) and (b) of
	4059	+	this paragraph are met but the employer has elected
	4060	+	coverage in this state or, the employer having failed
	4061	+	to elect coverage in any state, the individual has
	4062	+	filed a claim for benefits, based on such service,
	4063	+	under the laws of this state;
	4064	+	(d) an "American employer", for purposes of this
	4065	+	subsection, means a person who is:
	4066	+	(i) an individual who is a resident of the United
	4067	+	States;
	4068	+	(ii) a partnership if two -thirds (2/3) or more of the
	4069	+	partners are residents of the United States;
	4070	+	(iii) a trust, if all of the trust ees are residents of
	4071	+	the United States; or
	4072	+	(iv) a corporation organized under the laws of the
	4073	+	United States or of any state; and
	4074	+	(e) the term "United States", for the purposes of this
	4075	+	subsection, includes the states, the District of
	4076	+	Columbia, the Commonwea lth of Puerto Rico and the
	4077	+	Virgin Islands.
	4078	+
	4079	+	ENGR. S. B. NO. 794 Page 13 1
	4080	+	2
	4081	+	3
	4082	+	4
	4083	+	5
	4084	+	6
	4085	+	7
	4086	+	8
	4087	+	9
	4088	+	10
	4089	+	11
	4090	+	12
	4091	+	13
	4092	+	14
	4093	+	15
	4094	+	16
	4095	+	17
	4096	+	18
	4097	+	19
	4098	+	20
	4099	+	21
	4100	+	22
	4101	+	23
	4102	+	24
	4103	+
	4104	+	(9) Notwithstanding paragraph (11) of this section, all service
	4105	+	performed by an officer or member of the crew of an American vessel
	4106	+	on or in connection with the vessel, if the operating office, from
	4107	+	which the operations of the vessel operating on navigable waters
	4108	+	within, or within and without, the United States are ordinarily and
	4109	+	regularly supervised, managed, directed and controlled is within
	4110	+	this state.
	4111	+	(10) Notwithstanding any other provisions of the Employmen t
	4112	+	Security Act of 1980, "employment":
	4113	+	(a) includes any service with respect to which a tax is
	4114	+	required to be paid under any federal law imposing a
	4115	+	tax against which credit may be taken for
	4116	+	contributions required to be paid into a state
	4117	+	unemployment fund; a nd
	4118	+	(b) includes any service which is required to be
	4119	+	"employment" for full tax credit to be allowed against
	4120	+	the tax imposed by the Federal Unemployment Tax Act of
	4121	+	1954, Public Law 591, Chapter 736, as amended, 26
	4122	+	U.S.C., Section 3301 et seq.
	4123	+	(11) The term "employment" shall include an individual's entire
	4124	+	service, performed within or both within and without this state if:
	4125	+	(a) the service is localized in this state; or
	4126	+	(b) the service is not localized in any state but some of
	4127	+	the service is performed in this state and:
	4128	+
	4129	+	ENGR. S. B. NO. 794 Page 14 1
	4130	+	2
	4131	+	3
	4132	+	4
	4133	+	5
	4134	+	6
	4135	+	7
	4136	+	8
	4137	+	9
	4138	+	10
	4139	+	11
	4140	+	12
	4141	+	13
	4142	+	14
	4143	+	15
	4144	+	16
	4145	+	17
	4146	+	18
	4147	+	19
	4148	+	20
	4149	+	21
	4150	+	22
	4151	+	23
	4152	+	24
	4153	+
	4154	+	(i) the individual's base of operations, or, if there
	4155	+	is no base of operations, then the place from
	4156	+	which the individual's employment is directed or
	4157	+	controlled is in this state; or
	4158	+	(ii) the individual's base of operations or place from
	4159	+	which the service is directed or controlled is
	4160	+	not in any state in which some part of the
	4161	+	service is performed but the individual's
	4162	+	residence is in this state.
	4163	+	(12) (a) Services covered by an election pursuant to Section 3 -
	4164	+	203 of this title; and
	4165	+	(b) services covered by an arrangement pursuant to Section
	4166	+	4-701 et seq. of this title between the Oklahoma
	4167	+	Employment Security Commission and the agency charged
	4168	+	with the administration of any other state or federal
	4169	+	unemployment compensation law, pursuant to which all
	4170	+	services performed by an individual for an employing
	4171	+	unit are deemed to be performed entirely within this
	4172	+	state,
	4173	+	shall be deemed to be employment if the Commission has approved an
	4174	+	election of the employing unit for whom such services are performed,
	4175	+	pursuant to which the entire service of such individual during the
	4176	+	period covered by such election is deemed to be insured work.
	4177	+	(13) Service shall be deemed to be localized within a state if:
	4178	+
	4179	+	ENGR. S. B. NO. 794 Page 15 1
	4180	+	2
	4181	+	3
	4182	+	4
	4183	+	5
	4184	+	6
	4185	+	7
	4186	+	8
	4187	+	9
	4188	+	10
	4189	+	11
	4190	+	12
	4191	+	13
	4192	+	14
	4193	+	15
	4194	+	16
	4195	+	17
	4196	+	18
	4197	+	19
	4198	+	20
	4199	+	21
	4200	+	22
	4201	+	23
	4202	+	24
	4203	+
	4204	+	(a) the service is performed entirely within such state;
	4205	+	or
	4206	+	(b) the service is performed both within and without such
	4207	+	state, but the service performed without such state is
	4208	+	incidental to the individual's service within the
	4209	+	state; for example, is temporary or transitory in
	4210	+	nature or consists of isolated transactions.
	4211	+	(14) Notwithstanding any other provision of this subsection,
	4212	+	services performed by an individual for wages shall be deemed to be
	4213	+	employment subject to the Employment Security Act of 1980 if the
	4214	+	services are performed by the individual in an employer -employee
	4215	+	relationship with the employer using the 20 -factor test used by the
	4216	+	Internal Revenue Service of the United States Department of Treasury
	4217	+	in Revenue Ruling 87 -41, 1987-1 C.B. 296. The Oklahoma Employment
	4218	+	Security Commission shall have the excusive exclusive authority to
	4219	+	make a determination of whether an individual is an independent
	4220	+	contractor or employee.
	4221	+	(15) The term "employment" shall not include:
	4222	+	(a) services performed by an individual in agricultural
	4223	+	labor, except as provided under paragraph (5) of this
	4224	+	section. Services performed by an individual who is a
	4225	+	nonresident alien admitted to the United States to
	4226	+	perform agricultural labor, pursuant to 8 U.S.C.,
	4227	+	Sections 1101(a), 1184(c) and 1188. For purposes of
	4228	+
	4229	+	ENGR. S. B. NO. 794 Page 16 1
	4230	+	2
	4231	+	3
	4232	+	4
	4233	+	5
	4234	+	6
	4235	+	7
	4236	+	8
	4237	+	9
	4238	+	10
	4239	+	11
	4240	+	12
	4241	+	13
	4242	+	14
	4243	+	15
	4244	+	16
	4245	+	17
	4246	+	18
	4247	+	19
	4248	+	20
	4249	+	21
	4250	+	22
	4251	+	23
	4252	+	24
	4253	+
	4254	+	this subparagraph, the term "agricultural labor" mea ns
	4255	+	remunerated service performed in agricultural labor as
	4256	+	defined in the Federal Unemployment Tax Act, 26
	4257	+	U.S.C., Section 3306(k);
	4258	+	(b) domestic service, except as provided under paragraph
	4259	+	(6) of this section, in a private home, local college
	4260	+	club, or local chapter of a college fraternity or
	4261	+	sorority;
	4262	+	(c) service performed by an individual in the employ of
	4263	+	his or her son, daughter, or spouse, and service
	4264	+	performed by a child under the age of twenty -one (21)
	4265	+	in the employ of his or her father or mother, or bo th
	4266	+	father and mother;
	4267	+	(d) service performed in the employ of the United States
	4268	+	government or an instrumentality of the United States
	4269	+	exempt under the Constitution of the United States
	4270	+	from the contributions imposed by the Employment
	4271	+	Security Act of 1980, e xcept that to the extent that
	4272	+	the Congress of the United States shall permit states
	4273	+	to require any instrumentalities of the United States
	4274	+	to make payments into an unemployment fund under a
	4275	+	state unemployment compensation law, all of the
	4276	+	provisions of the Employment Security Act of 1980
	4277	+	shall be applicable to such instrumentalities, and to
	4278	+
	4279	+	ENGR. S. B. NO. 794 Page 17 1
	4280	+	2
	4281	+	3
	4282	+	4
	4283	+	5
	4284	+	6
	4285	+	7
	4286	+	8
	4287	+	9
	4288	+	10
	4289	+	11
	4290	+	12
	4291	+	13
	4292	+	14
	4293	+	15
	4294	+	16
	4295	+	17
	4296	+	18
	4297	+	19
	4298	+	20
	4299	+	21
	4300	+	22
	4301	+	23
	4302	+	24
	4303	+
	4304	+	services performed for such instrumentalities, in the
	4305	+	same manner, to the same extent, and on the same terms
	4306	+	as to all other employers, employing units,
	4307	+	individuals and services; provided that if this state
	4308	+	shall not be certified for any year by the Secretary
	4309	+	of Labor of the United States under the Federal
	4310	+	Internal Revenue Code, 26 U.S.C., Section 3304(c), the
	4311	+	payments required of such instrumentalities with
	4312	+	respect to the year shall be refunded by the
	4313	+	Commission from the fund in the same manner and within
	4314	+	the same period as is provided in Section 3 -304 of
	4315	+	this title with respect to contributions erroneously
	4316	+	collected;
	4317	+	(e) service with respect to which unemployment
	4318	+	compensation is payable under an unemployment
	4319	+	compensation system established by an act of Congress;
	4320	+	(f) service performed in the employ of a foreign
	4321	+	government, including service as a consul or other
	4322	+	officer or employee or a nondiplomatic representative;
	4323	+	(g) service performed in the employ of an instrumentality
	4324	+	wholly owned by a foreign government:
	4325	+	(i) if the service is of a character similar to that
	4326	+	performed in foreign countries by employees of
	4327	+
	4328	+	ENGR. S. B. NO. 794 Page 18 1
	4329	+	2
	4330	+	3
	4331	+	4
	4332	+	5
	4333	+	6
	4334	+	7
	4335	+	8
	4336	+	9
	4337	+	10
	4338	+	11
	4339	+	12
	4340	+	13
	4341	+	14
	4342	+	15
	4343	+	16
	4344	+	17
	4345	+	18
	4346	+	19
	4347	+	20
	4348	+	21
	4349	+	22
	4350	+	23
	4351	+	24
	4352	+
	4353	+	the United States government or of an
	4354	+	instrumentality thereof, and
	4355	+	(ii) if the Commission finds that the United States
	4356	+	Secretary of State has certified to the United
	4357	+	States Secretary of the Treasury that the foreign
	4358	+	government, with respect to whose instrumentality
	4359	+	exemption is claimed, grants an equivalent
	4360	+	exemption with respect to similar service
	4361	+	performed in the foreign country by employees of
	4362	+	the United States government and of
	4363	+	instrumentalities thereof;
	4364	+	(h) service covered by an arrangement between the
	4365	+	Commission and the agency charged with the
	4366	+	administration of any oth er state or federal
	4367	+	unemployment compensation law pursuant to which all
	4368	+	services performed by an individual for an employing
	4369	+	unit during the period covered by such employing
	4370	+	unit's duly approved election, are deemed to be
	4371	+	performed entirely within the juri sdiction of such
	4372	+	other state or federal agency;
	4373	+	(i) service performed as a student nurse in the employ of
	4374	+	a hospital or a nurses' training school by an
	4375	+	individual who is enrolled and is regularly attending
	4376	+	classes in a nurses' training school chartered or
	4377	+
	4378	+	ENGR. S. B. NO. 794 Page 19 1
	4379	+	2
	4380	+	3
	4381	+	4
	4382	+	5
	4383	+	6
	4384	+	7
	4385	+	8
	4386	+	9
	4387	+	10
	4388	+	11
	4389	+	12
	4390	+	13
	4391	+	14
	4392	+	15
	4393	+	16
	4394	+	17
	4395	+	18
	4396	+	19
	4397	+	20
	4398	+	21
	4399	+	22
	4400	+	23
	4401	+	24
	4402	+
	4403	+	approved pursuant to state law; and service performed
	4404	+	as an intern in the employ of a hospital by an
	4405	+	individual who has completed a four -year course in a
	4406	+	medical school chartered or approved pursuant to state
	4407	+	law;
	4408	+	(j) service performed by an individual for a person, firm,
	4409	+	association, trust, partnership or corporation as an
	4410	+	insurance agent, or as an insurance solicitor or as a
	4411	+	licensed real estate agent, if all such service
	4412	+	performed by such individual for such person is
	4413	+	performed for remuneration solely by way of
	4414	+	commissions or fees;
	4415	+	(k) service performed by an individual under the age of
	4416	+	eighteen (18) in the delivery and distribution of
	4417	+	newspapers or shopping news, not including delivery or
	4418	+	distribution to any point for subsequent delivery or
	4419	+	distribution, and services performed by an individual
	4420	+	eighteen (18) years of age or older who meets the
	4421	+	definition of a "direct seller" as defined in 26
	4422	+	U.S.C., Section 3508(b)(2), that states in pertinent
	4423	+	part:
	4424	+	(i) the individual must be engaged in the delivery or
	4425	+	distribution of newspapers or shopping news,
	4426	+
	4427	+	ENGR. S. B. NO. 794 Page 20 1
	4428	+	2
	4429	+	3
	4430	+	4
	4431	+	5
	4432	+	6
	4433	+	7
	4434	+	8
	4435	+	9
	4436	+	10
	4437	+	11
	4438	+	12
	4439	+	13
	4440	+	14
	4441	+	15
	4442	+	16
	4443	+	17
	4444	+	18
	4445	+	19
	4446	+	20
	4447	+	21
	4448	+	22
	4449	+	23
	4450	+	24
	4451	+
	4452	+	including any services directly related to such
	4453	+	trade or business,
	4454	+	(ii) substantially all the remuneration, whether or
	4455	+	not paid in cash, for the performance of the
	4456	+	services described in division (i) of this
	4457	+	subparagraph is directly related to sales or
	4458	+	other output, including the performance of
	4459	+	services, rather than the number of hours worked,
	4460	+	and
	4461	+	(iii) the services performed by the individual are
	4462	+	performed pursuant to a written contract between
	4463	+	the person and the pe rson for whom the services
	4464	+	are performed and the contract provides that the
	4465	+	person will not be treated as an employee with
	4466	+	respect to the services;
	4467	+	(l) service performed in the employ of a school, college
	4468	+	or university, if the service is performed:
	4469	+	(i) by a student who is enrolled and is regularly
	4470	+	attending classes at the school, college, or
	4471	+	university, or
	4472	+	(ii) by the spouse of the student, if the spouse is
	4473	+	advised, at the time the spouse commences to
	4474	+	perform the service, that:
	4475	+
	4476	+	ENGR. S. B. NO. 794 Page 21 1
	4477	+	2
	4478	+	3
	4479	+	4
	4480	+	5
	4481	+	6
	4482	+	7
	4483	+	8
	4484	+	9
	4485	+	10
	4486	+	11
	4487	+	12
	4488	+	13
	4489	+	14
	4490	+	15
	4491	+	16
	4492	+	17
	4493	+	18
	4494	+	19
	4495	+	20
	4496	+	21
	4497	+	22
	4498	+	23
	4499	+	24
	4500	+
	4501	+	(I) the employment of the spo use to perform the
	4502	+	service is provided under a program to
	4503	+	provide financial assistance to the student
	4504	+	by the school, college, or university, and
	4505	+	(II) the employment will not be covered by any
	4506	+	program of unemployment insurance;
	4507	+	(m) service performed by an i ndividual who is enrolled at
	4508	+	a nonprofit or public educational institution which
	4509	+	normally maintains a regular faculty and curriculum
	4510	+	and normally has a regularly organized body of
	4511	+	students in attendance at the place where its
	4512	+	educational activities are car ried on as a student in
	4513	+	a full-time program, taken for credit at the
	4514	+	institution, which combines academic instruction with
	4515	+	work experience, if the service is an integral part of
	4516	+	the program, and the institution has so certified to
	4517	+	the employer, except that this provision shall not
	4518	+	apply to service performed in a program established
	4519	+	for or on behalf of an employer or group of employers;
	4520	+	(n) service performed in the employ of a hospital, if the
	4521	+	service is performed by a patient of the hospital;
	4522	+	(o) services performed by cooperative extension personnel
	4523	+	holding federal appointments employed by state
	4524	+	institutions of higher learning;
	4525	+
	4526	+	ENGR. S. B. NO. 794 Page 22 1
	4527	+	2
	4528	+	3
	4529	+	4
	4530	+	5
	4531	+	6
	4532	+	7
	4533	+	8
	4534	+	9
	4535	+	10
	4536	+	11
	4537	+	12
	4538	+	13
	4539	+	14
	4540	+	15
	4541	+	16
	4542	+	17
	4543	+	18
	4544	+	19
	4545	+	20
	4546	+	21
	4547	+	22
	4548	+	23
	4549	+	24
	4550	+
	4551	+	(p) earnings of employees being paid by state warrants who
	4552	+	are presently covered by the Federal Unemployment
	4553	+	Compensation Act, 5 U.S .C., Section 8501 et seq., by
	4554	+	virtue of their federal status;
	4555	+	(q) cosmetology services performed by an individual in a
	4556	+	beauty shop, as defined by Section 199.1 of Title 59
	4557	+	of the Oklahoma Statutes, pursuant to an agreement
	4558	+	whereby the owner of the beauty s hop leases or rents
	4559	+	facilities for cosmetology to such individual;
	4560	+	(r) barbering services performed by an individual in a
	4561	+	barber shop, as defined by Section 61.5 of Title 59 of
	4562	+	the Oklahoma Statutes, pursuant to an agreement
	4563	+	whereby the owner of the barber shop leases or rents
	4564	+	facilities for barbering to such individual;
	4565	+	(s) services performed as a participant in a work or
	4566	+	training program administered by the Department of
	4567	+	Human Services;
	4568	+	(t) riding services performed by a jockey and services
	4569	+	performed by a trainer of race horses racehorses in
	4570	+	preparation for and during an approved race meeting
	4571	+	licensed by the Oklahoma Horse Racing Commission;
	4572	+	(u) service performed by an individual whose remuneration
	4573	+	consists solely of commissions, overrides, bonuses,
	4574	+	and differentials related to sales or other output
	4575	+
	4576	+	ENGR. S. B. NO. 794 Page 23 1
	4577	+	2
	4578	+	3
	4579	+	4
	4580	+	5
	4581	+	6
	4582	+	7
	4583	+	8
	4584	+	9
	4585	+	10
	4586	+	11
	4587	+	12
	4588	+	13
	4589	+	14
	4590	+	15
	4591	+	16
	4592	+	17
	4593	+	18
	4594	+	19
	4595	+	20
	4596	+	21
	4597	+	22
	4598	+	23
	4599	+	24
	4600	+
	4601	+	derived from in-person sales to, or solicitation of
	4602	+	orders from, ultimate consumers primarily in the home,
	4603	+	or otherwise than in a permanent retail establishment;
	4604	+	(v) service performed by a person, commonly refer red to as
	4605	+	"owner-operator", who owns or leases a truck -tractor
	4606	+	or truck for hire, provided the owner -operator
	4607	+	actually operates the truck -tractor or truck and,
	4608	+	further, that the entity contracting with the owner -
	4609	+	operator is not the lessor of the truck -tractor or
	4610	+	truck;
	4611	+	(w) services performed as a chopper of cotton who weeds or
	4612	+	thins cotton crops by hand or hoe. This subsection
	4613	+	shall be interpreted and applied consistently with the
	4614	+	Federal Unemployment Tax Act, 26 U.S.C., Sections
	4615	+	3304(a)(6)(A) and 3306(k);
	4616	+	(x) services performed for a private for -profit person or
	4617	+	entity by an individual as a landman:
	4618	+	(i) if the individual is engaged primarily in
	4619	+	negotiating for the acquisition or divestiture of
	4620	+	mineral rights or negotiating business agreements
	4621	+	that provide for the exploration for or
	4622	+	development of minerals,
	4623	+	(ii) if substantially all remuneration paid in cash or
	4624	+	otherwise for the performance of the services is
	4625	+
	4626	+	ENGR. S. B. NO. 794 Page 24 1
	4627	+	2
	4628	+	3
	4629	+	4
	4630	+	5
	4631	+	6
	4632	+	7
	4633	+	8
	4634	+	9
	4635	+	10
	4636	+	11
	4637	+	12
	4638	+	13
	4639	+	14
	4640	+	15
	4641	+	16
	4642	+	17
	4643	+	18
	4644	+	19
	4645	+	20
	4646	+	21
	4647	+	22
	4648	+	23
	4649	+	24
	4650	+
	4651	+	directly related to the completion by the
	4652	+	individual of the specific tasks contracted for
	4653	+	rather than to the number of hours worked by the
	4654	+	individual, and
	4655	+	(iii) if the services performed by the individual are
	4656	+	performed under a written contract between the
	4657	+	individual and the person for whom the services
	4658	+	are performed; provided that the individual is to
	4659	+	be treated as an independent contractor and not
	4660	+	as an employee with respect to the services
	4661	+	provided under the contract; or
	4662	+	(y) services performed by persons working under an
	4663	+	AmeriCorps grant from the Corporation for National
	4664	+	Service made pursuant to the Nat ional and Community
	4665	+	Service Act of 1990 (NCSA) codified at 42 U.S.C.,
	4666	+	Section 12501 et seq.
	4667	+	SECTION 21. AMENDATORY 40 O.S. 2011, Section 1 -224, as
	4668	+	amended by Section 2, Chapter 71, O.S.L. 2013 (40 O.S. Supp. 2020,
	4669	+	Section 1-224), is amended to read as follows:
	4670	+	Section 1-224. FILE.
	4671	+	A. For purposes of this section “OESC 2020 -21 business process
	4672	+	transformation” means a change from paper process to integrated
	4673	+	digital technology. Upon completion of the OESC 2020 -21 business
	4674	+	process transformation, electronic e -filing will be the Commission's
	4675	+
	4676	+	ENGR. S. B. NO. 794 Page 25 1
	4677	+	2
	4678	+	3
	4679	+	4
	4680	+	5
	4681	+	6
	4682	+	7
	4683	+	8
	4684	+	9
	4685	+	10
	4686	+	11
	4687	+	12
	4688	+	13
	4689	+	14
	4690	+	15
	4691	+	16
	4692	+	17
	4693	+	18
	4694	+	19
	4695	+	20
	4696	+	21
	4697	+	22
	4698	+	23
	4699	+	24
	4700	+
	4701	+	preferred filing method for tendering and receiving documents. All
	4702	+	claimants and employers tendering documents to the Commission will
	4703	+	be expected to tender the documents electronically. If the cl aimant
	4704	+	or employer has elected to utilize other means of transmittal it
	4705	+	will be the responsibility of the claimant or employer to notify the
	4706	+	Commission of this preference.
	4707	+	B. When any document is required to be filed by the provisions
	4708	+	of the Employment Se curity Act of 1980 or the rules promulgated
	4709	+	under the authority of the Employment Security Act of 1980 with the
	4710	+	Oklahoma Employment Security Commission, any of its representatives,
	4711	+	or the Board of Review for the Oklahoma Employment Security
	4712	+	Commission, the term "file", "files", or "filed" shall be defined as
	4713	+	follows:
	4714	+	1. Hand-delivered to the central administrative office of the
	4715	+	Oklahoma Employment Security Commission by the close of business on
	4716	+	or before the date due;
	4717	+	2. Telefaxed to the telefax number in dicated on the
	4718	+	determination letter, order or other document issued by the Oklahoma
	4719	+	Employment Security Commission by midnight on or before the date
	4720	+	due. Timely telefaxing shall be determined by the date and time
	4721	+	recorded by the Commission's telefax equip ment;
	4722	+	3. Mailed with sufficient postage and properly addressed to the
	4723	+	address indicated on the determination letter, order or other
	4724	+	document issued by the Oklahoma Employment Security Commission on or
	4725	+
	4726	+	ENGR. S. B. NO. 794 Page 26 1
	4727	+	2
	4728	+	3
	4729	+	4
	4730	+	5
	4731	+	6
	4732	+	7
	4733	+	8
	4734	+	9
	4735	+	10
	4736	+	11
	4737	+	12
	4738	+	13
	4739	+	14
	4740	+	15
	4741	+	16
	4742	+	17
	4743	+	18
	4744	+	19
	4745	+	20
	4746	+	21
	4747	+	22
	4748	+	23
	4749	+	24
	4750	+
	4751	+	before the date due. Timely mailing shall be determin ed by the
	4752	+	postmark. If there is no proof from the post office of the date of
	4753	+	mailing, the date of receipt by the Commission shall constitute the
	4754	+	date of filing; or
	4755	+	4. Electronically transmitted via data lines Electronic e-
	4756	+	filing to the Oklahoma Employmen t Security Commission, as directed
	4757	+	by the instructions on the determination letter, order or other
	4758	+	document issued by the Commission, by midnight on or before the date
	4759	+	due. Timely transmission shall be determined by the Commission's
	4760	+	transmission log file.
	4761	+	B. C. If the Employment Security Act of 1980 or the rules
	4762	+	promulgated under the Employment Security Act of 1980 require that a
	4763	+	document be filed with a court or any other agency of this state,
	4764	+	the term "file", "files" or "filed" shall be defined by the
	4765	+	statutes, rules or practice governing that court or agency.
	4766	+	SECTION 22. AMENDATORY 40 O.S. 2011, Section 2 -203, as
	4767	+	last amended by Section 3, Chapter 251, O.S.L. 2019 (40 O.S. Supp.
	4768	+	2020, Section 2-203), is amended to read as follow s:
	4769	+	Section 2-203. CLAIM.
	4770	+	A. An unemployed individual must file an initial claim for
	4771	+	unemployment benefits by calling an Oklahoma Employment Security
	4772	+	Commission claims representative in a Commission Call Center, by
	4773	+	completing the required forms through th e Internet Claims service
	4774	+	provided by the Commission, or by completing all forms necessary to
	4775	+
	4776	+	ENGR. S. B. NO. 794 Page 27 1
	4777	+	2
	4778	+	3
	4779	+	4
	4780	+	5
	4781	+	6
	4782	+	7
	4783	+	8
	4784	+	9
	4785	+	10
	4786	+	11
	4787	+	12
	4788	+	13
	4789	+	14
	4790	+	15
	4791	+	16
	4792	+	17
	4793	+	18
	4794	+	19
	4795	+	20
	4796	+	21
	4797	+	22
	4798	+	23
	4799	+	24
	4800	+
	4801	+	process an initial claim in a local office of the Commission or any
	4802	+	alternate site designated by the Commission to take unemployment
	4803	+	benefit claims. The Commissi on may obtain additional information
	4804	+	regarding an individual's claim through any form of
	4805	+	telecommunication, writing, or interview. An unemployed individual
	4806	+	must file a claim in writing or by telecommunication for or by
	4807	+	Internet utilizing the digital servi ces portal to create an account
	4808	+	to access benefits with respect to each week in accordance with such
	4809	+	rule as the Commission may prescribe.
	4810	+	B. 1. During the process of filing an initial claim for
	4811	+	unemployment benefits, the claimant shall be made aware of the
	4812	+	definition of misconduct set out in Section 2 -406 of this title, and
	4813	+	the claimant shall affirmatively certify that the answers given to
	4814	+	all questions in the initial claim process are true and correct to
	4815	+	the best of the claimant's knowledge and that no information has
	4816	+	been intentionally withheld or misrepresented in an attempt by the
	4817	+	claimant to receive benefits to which he or she the claimant is not
	4818	+	entitled.
	4819	+	2. The certification statement required in paragraph 1 of this
	4820	+	subsection shall be available t hrough the Internet Claims service
	4821	+	provided by the Commission and by a form to be completed by the
	4822	+	claimant in a local office of the Commission or at any alternate
	4823	+	site designated by the Commission to take unemployment benefit
	4824	+	claims.
	4825	+
	4826	+	ENGR. S. B. NO. 794 Page 28 1
	4827	+	2
	4828	+	3
	4829	+	4
	4830	+	5
	4831	+	6
	4832	+	7
	4833	+	8
	4834	+	9
	4835	+	10
	4836	+	11
	4837	+	12
	4838	+	13
	4839	+	14
	4840	+	15
	4841	+	16
	4842	+	17
	4843	+	18
	4844	+	19
	4845	+	20
	4846	+	21
	4847	+	22
	4848	+	23
	4849	+	24
	4850	+
	4851	+	C. With respect to e ach week, he or she the claimant must
	4852	+	provide the Commission with a true and correct statement of all
	4853	+	material facts relating to : his or her unemployment; ability to
	4854	+	work; availability for work; activities or conditions which could
	4855	+	restrict the individual from seeking or immediately accepting full -
	4856	+	time employment or part -time work if subsection 4 (4) of Section 2-
	4857	+	408 of this title applies; applications for or receipt of workers'
	4858	+	compensation benefits; employment and earnings; and the reporting of
	4859	+	other income from retirement, pension, disability, self -employment,
	4860	+	education or training allowances.
	4861	+	D. No claim will be allowed or paid unless the claimant resides
	4862	+	within a state or foreign country with which the State of Oklahoma
	4863	+	has entered into a reciprocal or cooperative arrangement pursuant to
	4864	+	Part 7 of Article IV of the Employment Security Act of 1980.
	4865	+	E. The Commission may require the individual to produce
	4866	+	documents or information relevant to the claim for benefits. If the
	4867	+	individual fails to produce it, the individual's claim for
	4868	+	unemployment benefits may be disqualified indefinitely by the
	4869	+	Commission until the information is produced. An individual that
	4870	+	has been disqualified indefinitely by the provisions of this
	4871	+	subsection may receive payment for any w eek between the initial
	4872	+	failure and the compliance with this subsection if the claimant is
	4873	+	otherwise eligible and has made a timely filing for each intervening
	4874	+	week.
	4875	+
	4876	+	ENGR. S. B. NO. 794 Page 29 1
	4877	+	2
	4878	+	3
	4879	+	4
	4880	+	5
	4881	+	6
	4882	+	7
	4883	+	8
	4884	+	9
	4885	+	10
	4886	+	11
	4887	+	12
	4888	+	13
	4889	+	14
	4890	+	15
	4891	+	16
	4892	+	17
	4893	+	18
	4894	+	19
	4895	+	20
	4896	+	21
	4897	+	22
	4898	+	23
	4899	+	24
	4900	+
	4901	+	SECTION 23. AMENDATORY 40 O.S. 2011, Section 2 -209, as
	4902	+	last amended by Section 2, Chapter 14, O.S.L. 2018 (40 O.S. Supp.
	4903	+	2020, Section 2-209), is amended to read as follows:
	4904	+	Section 2-209. BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR
	4905	+	NONPROFIT EMPLOYERS.
	4906	+	Benefits based on service in employment defined in paragraph (3)
	4907	+	or (4) of Section 1-210 of this title, including any federally
	4908	+	operated educational institutions, shall be payable in the same
	4909	+	amount, on the same terms and subject to the same conditions as
	4910	+	benefits payable on the basis of other service subject to the
	4911	+	Employment Security Act of 1980, except that:
	4912	+	(1) With respect to service performed in an instructional,
	4913	+	research or principal administrative capacity for an educational
	4914	+	institution, benefits shall not be paid based on services for any
	4915	+	week of unemployment comm encing during the period between two (2)
	4916	+	successive academic years, or during a similar period between two
	4917	+	regular but not successive terms, or during a period of paid
	4918	+	sabbatical leave provided for in the individual's contract, to any
	4919	+	individual if the ind ividual performs services in the first academic
	4920	+	year or term and if there is a contract or a reasonable assurance
	4921	+	that the individual will perform services in any such capacity for
	4922	+	any educational institution in the second academic year or term;
	4923	+	(2) With respect to services performed in any other capacity
	4924	+	for an educational institution, benefits shall not be paid on the
	4925	+
	4926	+	ENGR. S. B. NO. 794 Page 30 1
	4927	+	2
	4928	+	3
	4929	+	4
	4930	+	5
	4931	+	6
	4932	+	7
	4933	+	8
	4934	+	9
	4935	+	10
	4936	+	11
	4937	+	12
	4938	+	13
	4939	+	14
	4940	+	15
	4941	+	16
	4942	+	17
	4943	+	18
	4944	+	19
	4945	+	20
	4946	+	21
	4947	+	22
	4948	+	23
	4949	+	24
	4950	+
	4951	+	basis of services to any individual for any week which commences
	4952	+	during a period between two (2) successive academic years or terms
	4953	+	if the individual performs services in the first academic year or
	4954	+	term and there is a reasonable assurance that the individual will
	4955	+	perform services in any such capacity in the second academic year or
	4956	+	term, except that if compensation is denied to any individual
	4957	+	pursuant to this paragraph and the individual was not offered an
	4958	+	opportunity to perform services for the educational institution for
	4959	+	the second academic year or term, the individual shall be entitled
	4960	+	to a retroactive payment of compensation for each week for which the
	4961	+	individual filed a timely claim for compensation and for which
	4962	+	compensation was denied solely by reason of this clause;
	4963	+	(3) With respect to any services described in paragraphs (1)
	4964	+	and (2) of this section, benefits shall not be payable on th e basis
	4965	+	of services in any capacities to any individual for any week which
	4966	+	commences during an established and customary vacation period or
	4967	+	holiday recess if the individual performs services in the period
	4968	+	immediately before the vacation period or holiday r ecess, and there
	4969	+	is a reasonable assurance that the individual will perform services
	4970	+	in any such capacity in the period immediately following the
	4971	+	vacation period or holiday recess;
	4972	+	(4) With respect to any services described in paragraphs (1)
	4973	+	and (2) of this section, benefits shall not be payable on the basis
	4974	+	of services in any capacities as specified in paragraphs (1), (2)
	4975	+
	4976	+	ENGR. S. B. NO. 794 Page 31 1
	4977	+	2
	4978	+	3
	4979	+	4
	4980	+	5
	4981	+	6
	4982	+	7
	4983	+	8
	4984	+	9
	4985	+	10
	4986	+	11
	4987	+	12
	4988	+	13
	4989	+	14
	4990	+	15
	4991	+	16
	4992	+	17
	4993	+	18
	4994	+	19
	4995	+	20
	4996	+	21
	4997	+	22
	4998	+	23
	4999	+	24
	5000	+
	5001	+	and (3) of this section to any individual who performed services in
	5002	+	an educational institution while in the employ of an educational
	5003	+	service agency. For purposes of this paragraph, the term
	5004	+	"educational service agency" means a governmental agency or
	5005	+	governmental entity which is established and operated exclusively
	5006	+	for the purpose of providing services to one or more educational
	5007	+	institutions; and
	5008	+	(5) If services are provided to or on behalf of an educational
	5009	+	institution by a private for -profit entity or an entity described in
	5010	+	paragraph (3) or (4) of Section 1 -210 of this title that is not an
	5011	+	educational institution or an educational servi ce agency, the
	5012	+	employees providing these services shall not be subject to the terms
	5013	+	and conditions as described in paragraphs (1), (2), (3) and (4) of
	5014	+	this section.
	5015	+	(6) If an individual has employment with an educational
	5016	+	institution and has employment wit h a noneducational employer or
	5017	+	employers during the base period of the individual's benefit year,
	5018	+	the individual may become eligible for benefits during the between -
	5019	+	term denial period, based only on the noneducational employment.
	5020	+	SECTION 24. AMENDATORY 40 O.S. 2011, Section 2 -406, as
	5021	+	last amended by Section 3, Chapter 220, O.S.L. 2014 (40 O.S. Supp.
	5022	+	2020, Section 2-406), is amended to read as follows:
	5023	+	Section 2-406. DISCHARGE FOR MISCONDUCT.
	5024	+
	5025	+	ENGR. S. B. NO. 794 Page 32 1
	5026	+	2
	5027	+	3
	5028	+	4
	5029	+	5
	5030	+	6
	5031	+	7
	5032	+	8
	5033	+	9
	5034	+	10
	5035	+	11
	5036	+	12
	5037	+	13
	5038	+	14
	5039	+	15
	5040	+	16
	5041	+	17
	5042	+	18
	5043	+	19
	5044	+	20
	5045	+	21
	5046	+	22
	5047	+	23
	5048	+	24
	5049	+
	5050	+	A. An individual shall be disqualified for benefits if he or
	5051	+	she the individual has been discharged for misconduct connected with
	5052	+	his or her the individual's last work. If discharged for
	5053	+	misconduct, the employer shall have the burden to prove that the
	5054	+	employee engaged in misconduct as defined by this section. Such
	5055	+	burden of proof is satisfied by the employer, or its designated
	5056	+	representative, providing a signed affidavit, or presenting such
	5057	+	other evidence which properly demonstrates the misconduct which
	5058	+	resulted in the discharge. Once this bu rden is met, the burden then
	5059	+	shifts to the discharged employee to prove that the facts are
	5060	+	inaccurate or that the facts as stated do not constitute misconduct
	5061	+	as defined by this section. Disqualification under this section
	5062	+	shall continue for the full peri od of unemployment next ensuing
	5063	+	after he or she the employee has been discharged for misconduct
	5064	+	connected with his or her the employee's work and until such
	5065	+	individual has become reemployed and has earned wages equal to or in
	5066	+	excess of ten (10) times the w eekly benefit amount.
	5067	+	B. Acts which constitute misconduct under this section shall be
	5068	+	limited to the following:
	5069	+	1. Any intentional act or omission by an employee which
	5070	+	constitutes a material or substantial breech breach of the
	5071	+	employee's job duties or re sponsibilities or obligations pursuant to
	5072	+	his or her the employee's employment or contract of employment;
	5073	+	2. Unapproved or excessive absenteeism or tardiness;
	5074	+
	5075	+	ENGR. S. B. NO. 794 Page 33 1
	5076	+	2
	5077	+	3
	5078	+	4
	5079	+	5
	5080	+	6
	5081	+	7
	5082	+	8
	5083	+	9
	5084	+	10
	5085	+	11
	5086	+	12
	5087	+	13
	5088	+	14
	5089	+	15
	5090	+	16
	5091	+	17
	5092	+	18
	5093	+	19
	5094	+	20
	5095	+	21
	5096	+	22
	5097	+	23
	5098	+	24
	5099	+
	5100	+	3. Indifference to, breach of , or neglect of the duties
	5101	+	required which result in a material or substantial breach of the
	5102	+	employee’s job duties or responsibilities;
	5103	+	4. Actions Acts or omissions that place in jeopardy the health,
	5104	+	life, or property of self or others;
	5105	+	5. Dishonesty;
	5106	+	6. Wrongdoing;
	5107	+	7. Violation of a law; or
	5108	+	8. A violation of a polic y or rule enacted to ensure orderly
	5109	+	and proper job performance or for the safety of self or others.
	5110	+	C. Any misconduct violation as defined in subsection B of this
	5111	+	section shall not require a prior warning from the employer. As
	5112	+	long as the employee knew, or should have reasonably known, that a
	5113	+	rule or policy of the employer was violated, the employee shall not
	5114	+	be eligible for benefits.
	5115	+	D. Any finding by a state or federal agency of any failure by
	5116	+	the employee to meet the applicable civil, criminal or prof essional
	5117	+	standards of the employee's profession shall create a rebuttable
	5118	+	presumption of such misconduct, and benefits shall be denied, unless
	5119	+	the employee can show, with clear and convincing evidence, that such
	5120	+	misconduct did not occur, or the Commission determines that such
	5121	+	failure did not constitute misconduct as defined herein.
	5122	+
	5123	+	ENGR. S. B. NO. 794 Page 34 1
	5124	+	2
	5125	+	3
	5126	+	4
	5127	+	5
	5128	+	6
	5129	+	7
	5130	+	8
	5131	+	9
	5132	+	10
	5133	+	11
	5134	+	12
	5135	+	13
	5136	+	14
	5137	+	15
	5138	+	16
	5139	+	17
	5140	+	18
	5141	+	19
	5142	+	20
	5143	+	21
	5144	+	22
	5145	+	23
	5146	+	24
	5147	+
	5148	+	SECTION 25. AMENDATORY Section 1, Chapter 338, O.S.L.
	5149	+	2016 (40 O.S. Supp. 2020, Section 2 -422), is amended to read as
	5150	+	follows:
	5151	+	Section 2-422. A. Unemployment benefits based on services by a
	5152	+	seasonal worker performed in seasonal employment are payable only
	5153	+	for weeks of unemployment that occur during the normal seasonal work
	5154	+	period. Benefits shall not be paid based on services performed in
	5155	+	seasonal employment for any week of unemployment that begins during
	5156	+	the period between two (2) successive normal seasonal work periods
	5157	+	to any individual if that individual performs the service in the
	5158	+	first of the normal seasonal work periods and if there is a
	5159	+	reasonable assurance that the individual will perform the service
	5160	+	for a seasonal employer in the second of the normal seasonal work
	5161	+	periods. The notice of reasonable assurance shall be given by the
	5162	+	employer to the employee in writing on or before the last day of
	5163	+	work in the season. If benefits are denied to an individual for any
	5164	+	week solely as a result of this section and the individual is not
	5165	+	offered an opportunity to perform in the second normal seasonal work
	5166	+	period for which reasonable assurance of employment had been given,
	5167	+	the individual is entitled to a retroactive payment of benefits
	5168	+	under this section for each week that the individual previously
	5169	+	filed a timely claim for benefits. An individual may apply for any
	5170	+	retroactive benefits under this section in acco rdance with the
	5171	+	provisions of Article 2 of the Employment Security Act of 1980.
	5172	+
	5173	+	ENGR. S. B. NO. 794 Page 35 1
	5174	+	2
	5175	+	3
	5176	+	4
	5177	+	5
	5178	+	6
	5179	+	7
	5180	+	8
	5181	+	9
	5182	+	10
	5183	+	11
	5184	+	12
	5185	+	13
	5186	+	14
	5187	+	15
	5188	+	16
	5189	+	17
	5190	+	18
	5191	+	19
	5192	+	20
	5193	+	21
	5194	+	22
	5195	+	23
	5196	+	24
	5197	+
	5198	+	B. If an individual has been employed by a nonseasonal employer
	5199	+	during the base period of the individual's benefit year, the
	5200	+	individual may become eligible for benefits during that between-
	5201	+	season denial period based only on the wages of the nonseasonal
	5202	+	employment.
	5203	+	C. Not less than twenty (20) days before the estimated
	5204	+	beginning date of a normal seasonal work period, an employer may
	5205	+	apply to the Commission in writing for design ation as a seasonal
	5206	+	employer. At the time of application, the employer shall
	5207	+	conspicuously display a copy of the application on the employer's
	5208	+	premises. Within ninety (90) days after receipt of the application,
	5209	+	the Commission shall determine if the emplo yer is a seasonal
	5210	+	employer. The employer may appeal this decision pursuant to the
	5211	+	provisions of Section 3 -115 of Title 40 of the Oklahoma Statutes
	5212	+	this title. A determination of the Commission concerning the status
	5213	+	of an employer as a seasonal employer, or the decision of the
	5214	+	Assessment Board or a court of this state through the administrative
	5215	+	appeal process, which has become final, may be introduced in any
	5216	+	proceeding involving a claim for benefits, and the facts found and
	5217	+	decision issued in the determina tion or decision shall be conclusive
	5218	+	unless substantial evidence to the contrary is introduced by or on
	5219	+	behalf of the claimant.
	5220	+	C. D. If the employer is determined to be a seasonal employer,
	5221	+	the employer shall give notice to each employee of the employer' s
	5222	+
	5223	+	ENGR. S. B. NO. 794 Page 36 1
	5224	+	2
	5225	+	3
	5226	+	4
	5227	+	5
	5228	+	6
	5229	+	7
	5230	+	8
	5231	+	9
	5232	+	10
	5233	+	11
	5234	+	12
	5235	+	13
	5236	+	14
	5237	+	15
	5238	+	16
	5239	+	17
	5240	+	18
	5241	+	19
	5242	+	20
	5243	+	21
	5244	+	22
	5245	+	23
	5246	+	24
	5247	+
	5248	+	status as a seasonal employer and the beginning and ending dates of
	5249	+	the employer's normal seasonal work periods, and this notice shall
	5250	+	be given to the employee within the first seven (7) days of
	5251	+	employment. On or before the last day of work in the seaso n, if the
	5252	+	employer intends to issue a notice of reasonable assurance of
	5253	+	employment for the next season, the employer shall also give notice
	5254	+	to each employee advising that the employee shall timely file an
	5255	+	initial application for unemployment benefits at the end of the
	5256	+	current seasonal work period and file timely weekly continued claims
	5257	+	thereafter to preserve his or her the employee's right to receive
	5258	+	retroactive unemployment benefits if he or she such employee is not
	5259	+	reemployed by the seasonal employer in t he subsequent normal
	5260	+	seasonal work period. The notices notice must be on a separate
	5261	+	document written in clear and concise language that states these
	5262	+	provisions. Failure of the employer to give adequate notice as
	5263	+	required by this subsection will result in the termination of the
	5264	+	employer as a seasonal employer under subsection D E of this section
	5265	+	and the allowance of any claim in which the claimant did not receive
	5266	+	the required notice.
	5267	+	D. E. The Commission may issue a determination terminating an
	5268	+	employer's status as a seasonal employer on the Commission's own
	5269	+	motion for good cause, or upon the written request of the employer.
	5270	+	The effective date of a termination determination under this
	5271	+	subsection shall be set by the Commission. A determination under
	5272	+
	5273	+	ENGR. S. B. NO. 794 Page 37 1
	5274	+	2
	5275	+	3
	5276	+	4
	5277	+	5
	5278	+	6
	5279	+	7
	5280	+	8
	5281	+	9
	5282	+	10
	5283	+	11
	5284	+	12
	5285	+	13
	5286	+	14
	5287	+	15
	5288	+	16
	5289	+	17
	5290	+	18
	5291	+	19
	5292	+	20
	5293	+	21
	5294	+	22
	5295	+	23
	5296	+	24
	5297	+
	5298	+	this subsection may be appealed pursuant to the provisions of
	5299	+	Section 3-115 of Title 40 of the Oklahoma Statutes this title.
	5300	+	E. F. An employer whose status as a seasonal employer is
	5301	+	terminated under subsection D E of this section shall not reapply
	5302	+	for a seasonal employer status determination until after a regularly
	5303	+	recurring normal seasonal work period has begun and ended.
	5304	+	F. G. If a seasonal employer informs an employee who received
	5305	+	assurance of being rehired that, despite the assurance, the employee
	5306	+	will not be rehired at the beginning of the employer's next normal
	5307	+	seasonal work period, this section does not prevent the employee
	5308	+	from receiving unemployment benefits in the same manner and to the
	5309	+	same extent he or she would receive benefits under the Employment
	5310	+	Security Act of 1980 from an employer who has not been determined to
	5311	+	be a seasonal employer.
	5312	+	G. H. A successor of a seasonal employer is considered to be a
	5313	+	seasonal employer unless the successor provides the Commission,
	5314	+	within one hundred twenty (120) da ys after the transfer, with a
	5315	+	written request for termination of its status as a seasonal employer
	5316	+	in accordance with subsection D of this section.
	5317	+	H. I. At the time an employee is hired by a seasonal employer,
	5318	+	the employer shall notify the employee in wr iting if the employee
	5319	+	will be a seasonal worker. The employer shall provide the worker
	5320	+	with written notice of any subsequent change in the employee's
	5321	+	status as a seasonal worker. If an employee of a seasonal employer
	5322	+
	5323	+	ENGR. S. B. NO. 794 Page 38 1
	5324	+	2
	5325	+	3
	5326	+	4
	5327	+	5
	5328	+	6
	5329	+	7
	5330	+	8
	5331	+	9
	5332	+	10
	5333	+	11
	5334	+	12
	5335	+	13
	5336	+	14
	5337	+	15
	5338	+	16
	5339	+	17
	5340	+	18
	5341	+	19
	5342	+	20
	5343	+	21
	5344	+	22
	5345	+	23
	5346	+	24
	5347	+
	5348	+	is denied benefits because that emplo yee is a seasonal worker, the
	5349	+	employee may contest that designation by filing an appeal pursuant
	5350	+	to the provisions of Part 6 of Article 2 of the Employment Security
	5351	+	Act of 1980.
	5352	+	I. J. As used in this section:
	5353	+	1. "Construction industry" means the work act ivity designated
	5354	+	in Sector Group 23 – Construction of the North American Industrial
	5355	+	Classification System (NAICS) published by the Executive Office of
	5356	+	the President, Office of Management and Budget, 2012 2017 edition;
	5357	+	2. "Normal seasonal work period" mean s that period, or those
	5358	+	periods, of time during which an individual is employed in seasonal
	5359	+	employment, as determined by the Commission ;
	5360	+	3. "Seasonal employment" means the employment of one or more
	5361	+	individuals primarily hired to perform services during re gularly
	5362	+	recurring periods of twenty -six (26) weeks or less in any fifty -two-
	5363	+	week period other than services in the construction industry;
	5364	+	4. "Seasonal employer" means an employer, other than an
	5365	+	employer in the construction industry, who applies to the Com mission
	5366	+	for designation as a seasonal employer and whom the Commission
	5367	+	determines to be an employer whose operations and business require
	5368	+	employees engaged in seasonal employment; and
	5369	+	5. "Seasonal worker" means a worker who has been paid wages by
	5370	+	a seasonal employer for work performed only during the normal
	5371	+	seasonal work period.
	5372	+
	5373	+	ENGR. S. B. NO. 794 Page 39 1
	5374	+	2
	5375	+	3
	5376	+	4
	5377	+	5
	5378	+	6
	5379	+	7
	5380	+	8
	5381	+	9
	5382	+	10
	5383	+	11
	5384	+	12
	5385	+	13
	5386	+	14
	5387	+	15
	5388	+	16
	5389	+	17
	5390	+	18
	5391	+	19
	5392	+	20
	5393	+	21
	5394	+	22
	5395	+	23
	5396	+	24
	5397	+
	5398	+	SECTION 26. AMENDATORY 40 O.S. 2011, Section 2 -503, as
	5399	+	last amended by Section 5, Chapter 251, O.S.L. 2019 (40 O.S. Supp.
	5400	+	2020, Section 2-503), is amended to read as follows:
	5401	+	Section 2-503. CLAIMS, NOTICES AND OBJECTIONS.
	5402	+	A. Claims for benefits shall be made in accordance with all
	5403	+	rules that the Oklahoma Employment Security Commission may
	5404	+	prescribe.
	5405	+	B. Promptly after an initial claim or an additional initia l
	5406	+	claim is filed, the Commission shall give written notice of the
	5407	+	claim to the last employer of the claimant for whom he or she the
	5408	+	claimant worked at least fifteen (15) working days. The required
	5409	+	fifteen (15) working days are not required to be consecuti ve.
	5410	+	Provided, that promptly after the Commission is notified of the
	5411	+	claimant's separation from an employment obtained by a claimant
	5412	+	during a continued claim series, the Commission shall give written
	5413	+	notice of the claim to the last separating employer. No tices to
	5414	+	separating employers during a continued claim series will be given
	5415	+	to the last employer in the claim week without regard to length of
	5416	+	employment. Each notice shall contain an admonition that failure to
	5417	+	respond to the notice could affect the emplo yer's tax rate.
	5418	+	C. Promptly after the claim is paid for the fifth week of
	5419	+	benefits the Commission shall give written notice of the claim to
	5420	+	all other employers of the claimant during the claimant's base
	5421	+
	5422	+	ENGR. S. B. NO. 794 Page 40 1
	5423	+	2
	5424	+	3
	5425	+	4
	5426	+	5
	5427	+	6
	5428	+	7
	5429	+	8
	5430	+	9
	5431	+	10
	5432	+	11
	5433	+	12
	5434	+	13
	5435	+	14
	5436	+	15
	5437	+	16
	5438	+	17
	5439	+	18
	5440	+	19
	5441	+	20
	5442	+	21
	5443	+	22
	5444	+	23
	5445	+	24
	5446	+
	5447	+	period. The notice will be given pursuant to Sectio n 3-106 of this
	5448	+	title.
	5449	+	D. Notices shall be deemed to have been given when the
	5450	+	Commission deposits the same in the United States mail addressed to
	5451	+	the employer's last-known address. Notice shall be presumed prima
	5452	+	facie to have been given to the employer to whom addressed on the
	5453	+	date stated in the written notice at the last known address and by
	5454	+	the date of the postmark on the envelope in which the notice was
	5455	+	sent. If the employer has elected to be notified by electronic
	5456	+	means according to procedures set ou t in Oklahoma Employment
	5457	+	Security Commission rules, notice shall be deemed to be given when
	5458	+	the Commission transmits the notification notice by electronic
	5459	+	means.
	5460	+	E. Within ten (10) days after the date on the notice or the
	5461	+	date of the postmark on the envel ope in which the notice was sent,
	5462	+	whichever is later, an employer may file with the Commission at the
	5463	+	address prescribed in the notice written objections to the claim
	5464	+	setting forth specifically the facts which:
	5465	+	1. Make the claimant ineligible for benefits under Sections 2-
	5466	+	201 through 2-210 of this title;
	5467	+	2. Disqualify the claimant from benefits under Sections 2 -401
	5468	+	through 2-417 and 2-419 of this title; or
	5469	+	3. Relieve such employer from being charged for the benefits
	5470	+	wages of such claimant.
	5471	+
	5472	+	ENGR. S. B. NO. 794 Page 41 1
	5473	+	2
	5474	+	3
	5475	+	4
	5476	+	5
	5477	+	6
	5478	+	7
	5479	+	8
	5480	+	9
	5481	+	10
	5482	+	11
	5483	+	12
	5484	+	13
	5485	+	14
	5486	+	15
	5487	+	16
	5488	+	17
	5489	+	18
	5490	+	19
	5491	+	20
	5492	+	21
	5493	+	22
	5494	+	23
	5495	+	24
	5496	+
	5497	+	F. An untimely employer objection to a claim for unemployment
	5498	+	benefits made pursuant to subsection E of this section may be
	5499	+	allowed for good cause shown.
	5500	+	SECTION 27. AMENDATORY 40 O.S. 2011, Section 2 -610, is
	5501	+	amended to read as follows:
	5502	+	Section 2-610. JUDICIAL REVIEW.
	5503	+	A. Within the thirty (30) days after the day a notice of
	5504	+	decision of the Board of Review is mailed to the parties, the
	5505	+	Oklahoma Employment Security Commission, or any party to the
	5506	+	proceedings before the Board of Review, may obtain judicial review
	5507	+	by filing in the district court of the county in which the claimant
	5508	+	resides, or if the claimant is not a resident of the State of
	5509	+	Oklahoma then in the District Court of Oklahoma County, a petition
	5510	+	for review of the decision of the Board of Review. The petition for
	5511	+	review shall set out the names of all codefendants in the style of
	5512	+	the case, which shall include:
	5513	+	1. The Board of Review;
	5514	+	2. The Oklahoma Employment Security Commission; and
	5515	+	3. All other parties to the proceeding before the Boa rd of
	5516	+	Review.
	5517	+	The petition for review need not be verified but shall state
	5518	+	specifically the grounds upon which the review is sought. A copy of
	5519	+	the petition for review shall be served upon the Board of Review at
	5520	+	its official address and the petitioner shal l also deliver to the
	5521	+
	5522	+	ENGR. S. B. NO. 794 Page 42 1
	5523	+	2
	5524	+	3
	5525	+	4
	5526	+	5
	5527	+	6
	5528	+	7
	5529	+	8
	5530	+	9
	5531	+	10
	5532	+	11
	5533	+	12
	5534	+	13
	5535	+	14
	5536	+	15
	5537	+	16
	5538	+	17
	5539	+	18
	5540	+	19
	5541	+	20
	5542	+	21
	5543	+	22
	5544	+	23
	5545	+	24
	5546	+
	5547	+	Board of Review as many copies of the petition as there are
	5548	+	defendants. The Board of Review shall send issue to each party to
	5549	+	the proceeding a copy of the petition by mail, and the mailing
	5550	+	issuance shall be deemed to be service upon all the parties. In any
	5551	+	proceeding under this section the findings of the Board of Review as
	5552	+	to the facts, if supported by evidence, shall be conclusive and the
	5553	+	jurisdiction of the court shall be confined to questions of law. No
	5554	+	additional evidence shall be received by the court, but the court
	5555	+	may remand the case and order additional evidence to be taken by the
	5556	+	Appeal Tribunal of the Oklahoma Employment Security Commission.
	5557	+	B. Within sixty (60) days of the date of service of the
	5558	+	petition on the Board of Review, the Board of Review shall file with
	5559	+	the court a certified copy of the record of the case, including all
	5560	+	documents and papers properly admitted into evidence and a
	5561	+	transcript of all testimony taken in the matter, together with the
	5562	+	Board of Review's findings, conclusions , and decision.
	5563	+	C. The proceedings shall be heard in a summary manner and shall
	5564	+	be given precedence over all other civil cases. An appeal may be
	5565	+	taken from the decision of the district court to the Supreme Court
	5566	+	of this state in the same manner as is provided in other civil
	5567	+	cases. It shall not be necessary as a condition precedent to
	5568	+	judicial review of any decision of the Board of Review to enter
	5569	+	exceptions to the rulings of the Board, and no bond shall be
	5570	+	required as a condition of initiating a proceeding for judicial
	5571	+
	5572	+	ENGR. S. B. NO. 794 Page 43 1
	5573	+	2
	5574	+	3
	5575	+	4
	5576	+	5
	5577	+	6
	5578	+	7
	5579	+	8
	5580	+	9
	5581	+	10
	5582	+	11
	5583	+	12
	5584	+	13
	5585	+	14
	5586	+	15
	5587	+	16
	5588	+	17
	5589	+	18
	5590	+	19
	5591	+	20
	5592	+	21
	5593	+	22
	5594	+	23
	5595	+	24
	5596	+
	5597	+	review or entering an appeal from the decision of the court. Upon
	5598	+	the final termination of the judicial proceeding, the Board of
	5599	+	Review shall enter an order in accordance with the mandate of the
	5600	+	district or appellate c ourt.
	5601	+	SECTION 28. AMENDATORY 40 O.S. 2011, Section 2 -616, as
	5602	+	amended by Section 7, Chapter 71, O.S.L. 2013 (40 O.S. Supp. 2020,
	5603	+	Section 2-616), is amended to read as follows:
	5604	+	Section 2-616. NOTICE OF OVERPAYMENT DETERMINATION.
	5605	+	A. If the Oklahoma Employment Security Commission or its
	5606	+	representative determines that an individual has been overpaid
	5607	+	unemployment benefits pursuant to Section 2 -613 of this title for
	5608	+	fraud overpayment or claimant error overpayment , the individual
	5609	+	shall be sent a notice of overpayment determination. If the
	5610	+	individual disagrees with this determination, the individual may
	5611	+	file an appeal of the determination with the Appeal Tribunal within
	5612	+	twenty (20) days after the date of the mailing of the notice to the
	5613	+	individual's last-known address or, if the notice is not mailed,
	5614	+	within twenty (20) days after the date of the delivery of the
	5615	+	notice. If the individual fails to appeal the determination within
	5616	+	the time provided, without good cause, then the determination w ill
	5617	+	be deemed final and no further appeal shall be allowed.
	5618	+	B. If the Oklahoma Employment Security Commission or its
	5619	+	representative determines that an individual has been overpaid
	5620	+	unemployment benefits pursuant to paragraph 3 of Section 2 -613 of
	5621	+
	5622	+	ENGR. S. B. NO. 794 Page 44 1
	5623	+	2
	5624	+	3
	5625	+	4
	5626	+	5
	5627	+	6
	5628	+	7
	5629	+	8
	5630	+	9
	5631	+	10
	5632	+	11
	5633	+	12
	5634	+	13
	5635	+	14
	5636	+	15
	5637	+	16
	5638	+	17
	5639	+	18
	5640	+	19
	5641	+	20
	5642	+	21
	5643	+	22
	5644	+	23
	5645	+	24
	5646	+
	5647	+	this title relating to administrative overpayment, the individual
	5648	+	shall be sent a notice of overpayment determination. If the
	5649	+	individual disagrees with this determination, the individual may
	5650	+	file an appeal of the determination with the Appeal Tribunal within
	5651	+	ten (10) days after the date of mailing of the notice to the
	5652	+	individual's last-known address or, if the notice is not mailed,
	5653	+	within ten (10) days after the date of the delivery of the notice.
	5654	+	If the individual fails to appeal the determination within the time
	5655	+	provided, without good cause, the determination will be deemed final
	5656	+	and no further appeal shall be allowed.
	5657	+	SECTION 29. AMENDATORY 40 O.S. 2011, Section 2 -801, as
	5658	+	amended by Section 9, Chapter 14, O.S.L. 2018 (40 O.S. Supp. 2020,
	5659	+	Section 2-801), is amended to read as follows:
	5660	+	Section 2-801. CHILD SUPPORT OBLIGATIONS.
	5661	+	A. Beginning October 1, 1982, any individual filing a new claim
	5662	+	for unemployment compensation shall, at the time of filing such
	5663	+	claim, disclose whether or not the ind ividual owes child support
	5664	+	obligations. If any such individual discloses that he or she owes
	5665	+	child support obligations, and is determined to be eligible for
	5666	+	unemployment compensation, the Commission shall notify the state or
	5667	+	local child support enforcemen t agency enforcing such obligation
	5668	+	that the individual has been determined to be eligible for
	5669	+	unemployment compensation The Commission may enter into an agreement
	5670	+	with the Department of Human Services for information required
	5671	+
	5672	+	ENGR. S. B. NO. 794 Page 45 1
	5673	+	2
	5674	+	3
	5675	+	4
	5676	+	5
	5677	+	6
	5678	+	7
	5679	+	8
	5680	+	9
	5681	+	10
	5682	+	11
	5683	+	12
	5684	+	13
	5685	+	14
	5686	+	15
	5687	+	16
	5688	+	17
	5689	+	18
	5690	+	19
	5691	+	20
	5692	+	21
	5693	+	22
	5694	+	23
	5695	+	24
	5696	+
	5697	+	pursuant to Section 240.12 of Title 56 of the Oklahoma Statutes to
	5698	+	identify persons that owe child support obligations .
	5699	+	B. The Commission shall deduct and withhold from any
	5700	+	unemployment compensation payable to an individual that owes child
	5701	+	support obligations:
	5702	+	(1) the amount specifie d by the individual to the Commission to
	5703	+	be deducted and withheld under this subsection, if neither
	5704	+	paragraphs (2) or (3) of this subsection are applicable, or
	5705	+	(2) the amount, if any, determined by the Department of Human
	5706	+	Services pursuant to an agreement submitted to the Commission under
	5707	+	42 U.S.C., Section 654(19)(B)(i) by the state or local child support
	5708	+	enforcement agency, unless paragraph (3) of this subsection is
	5709	+	applicable, or
	5710	+	(3) any amount otherwise required to be so deducted and
	5711	+	withheld from such unemployment compensation pursuant to legal
	5712	+	process, which shall mean any writ, order, summons or other similar
	5713	+	process in the nature of garnishment, which:
	5714	+	(a) is issued by:
	5715	+	(i) a court of competent jurisdiction within any
	5716	+	state, territory or possession of the United
	5717	+	States,
	5718	+	(ii) a court of competent jurisdiction in any foreign
	5719	+	country with which the United States has entered
	5720	+
	5721	+	ENGR. S. B. NO. 794 Page 46 1
	5722	+	2
	5723	+	3
	5724	+	4
	5725	+	5
	5726	+	6
	5727	+	7
	5728	+	8
	5729	+	9
	5730	+	10
	5731	+	11
	5732	+	12
	5733	+	13
	5734	+	14
	5735	+	15
	5736	+	16
	5737	+	17
	5738	+	18
	5739	+	19
	5740	+	20
	5741	+	21
	5742	+	22
	5743	+	23
	5744	+	24
	5745	+
	5746	+	into an agreement which requires the United
	5747	+	States to honor such process, or
	5748	+	(iii) an authorized official pursuant to an order of
	5749	+	such a court of competent jurisdiction or
	5750	+	pursuant to state or local law, and
	5751	+	(b) is directed to, and the purpose of which is to compel,
	5752	+	a governmental entity, which holds monies which are
	5753	+	otherwise payable to an individual, to make a payment
	5754	+	from such monies to another party in order to satisfy
	5755	+	a legal obligation of such individual to provide child
	5756	+	support.
	5757	+	C. All income withholding orders or other legal process issued
	5758	+	to collect child support through a deduction from unemployment
	5759	+	benefits and all other d ocuments necessary to complete the deduction
	5760	+	shall be served on the appropriate state or local child support
	5761	+	enforcement agency and on the Oklahoma Employment Security
	5762	+	Commission.
	5763	+	D. Any amount deducted and withheld under subsection B of this
	5764	+	section shall be paid by the Commission to the appropriate state or
	5765	+	local child support enforcement agency Centralized Support Registry
	5766	+	pursuant to Section 413 of Title 43 of the Oklahoma Statutes .
	5767	+	E. D. Any amount deducted and withheld under subsection B of
	5768	+	this section shall for all purposes be treated as if it were paid to
	5769	+	the individual as unemployment compensation and paid by such
	5770	+
	5771	+	ENGR. S. B. NO. 794 Page 47 1
	5772	+	2
	5773	+	3
	5774	+	4
	5775	+	5
	5776	+	6
	5777	+	7
	5778	+	8
	5779	+	9
	5780	+	10
	5781	+	11
	5782	+	12
	5783	+	13
	5784	+	14
	5785	+	15
	5786	+	16
	5787	+	17
	5788	+	18
	5789	+	19
	5790	+	20
	5791	+	21
	5792	+	22
	5793	+	23
	5794	+	24
	5795	+
	5796	+	individual to the state or local child support enforcement agency in
	5797	+	satisfaction of the individual's child support obligations.
	5798	+	F. E. For purposes of subsections A through E D of this
	5799	+	section, the term "unemployment compensation" means any compensation
	5800	+	payable under the Employment Security Act of 1980, Section 1 -101 of
	5801	+	this title, including amounts payable by the Commission pursuant to
	5802	+	an agreement under any federal law providing for compensation,
	5803	+	assistance or allowances with respect to unemployment.
	5804	+	G. F. This section applies only if appropriate arrangements
	5805	+	have been made for reimbursement by the state or local child support
	5806	+	enforcement agency for the administrative costs, as determined by
	5807	+	the Commission, incurred by the Commission under this section which
	5808	+	are attributable to child support obligations being enforced by the
	5809	+	state or local child support enforcement agency.
	5810	+	H. G. For purposes of this section:
	5811	+	(1) "Child support obligations" means only obligations which
	5812	+	are being enforced pursuant to a plan described in 42 U.S.C.,
	5813	+	Section 654, which has been approved by the Secretary of Health and
	5814	+	Human Services under 42 U.S.C., Section 651 et seq.
	5815	+	(2) "State or local child support enforcement agency" means any
	5816	+	agency of a state or a political subdivision thereof, the Oklahoma
	5817	+	Department of Human Services, which pursuant to Section 237 of Title
	5818	+	56 of the Oklahoma Statutes is the single state agency in Oklahoma
	5819	+	operating pursuant to a plan described in 42 U.S.C., Section 654,
	5820	+
	5821	+	ENGR. S. B. NO. 794 Page 48 1
	5822	+	2
	5823	+	3
	5824	+	4
	5825	+	5
	5826	+	6
	5827	+	7
	5828	+	8
	5829	+	9
	5830	+	10
	5831	+	11
	5832	+	12
	5833	+	13
	5834	+	14
	5835	+	15
	5836	+	16
	5837	+	17
	5838	+	18
	5839	+	19
	5840	+	20
	5841	+	21
	5842	+	22
	5843	+	23
	5844	+	24
	5845	+
	5846	+	which has been approved by the Secretary of Health and Human
	5847	+	Services under 42 U.S.C., Section 651 et seq.
	5848	+	(3) Deductions from unemployment insurance authorized by
	5849	+	subsection B of this section in satisfaction of child support
	5850	+	obligations are only those obligations defined in paragraph (1) of
	5851	+	this subsection, and the recipient of said the deductions shall be
	5852	+	defined as only a state or local child support enforcement a gency
	5853	+	operating pursuant to an approved plan described in 42 U.S.C.,
	5854	+	Section 654 and referenced in paragraph (2) of this subsection.
	5855	+	SECTION 30. AMENDATORY 40 O.S. 2011, Section 3 -106.1, is
	5856	+	amended to read as follows:
	5857	+	Section 3-106.1. RELIEF FROM BENEFIT WAGES CHARGED - ADDENDUM.
	5858	+	A. For purposes of this section, “pandemic” means a health
	5859	+	state of emergency declared by the Governor.
	5860	+	B. The benefit wages charged to an employer for a given
	5861	+	calendar year shall be the total of the benef it wages stated in the
	5862	+	notices given to the employer by the Commission. Provided , that on
	5863	+	and after April 19, 1995 , an employer's benefit wages shall not
	5864	+	include wages paid by the employer to any employee who was separated
	5865	+	from his or her employment as a direct result of a natural disaster,
	5866	+	pandemic, fire, flood, or explosion that causes employees to be
	5867	+	separated from one employer's employment. The Commission shall
	5868	+	adopt emergency rules for immediate implementation of this section
	5869	+
	5870	+	ENGR. S. B. NO. 794 Page 49 1
	5871	+	2
	5872	+	3
	5873	+	4
	5874	+	5
	5875	+	6
	5876	+	7
	5877	+	8
	5878	+	9
	5879	+	10
	5880	+	11
	5881	+	12
	5882	+	13
	5883	+	14
	5884	+	15
	5885	+	16
	5886	+	17
	5887	+	18
	5888	+	19
	5889	+	20
	5890	+	21
	5891	+	22
	5892	+	23
	5893	+	24
	5894	+
	5895	+	and subsequently adopt p ermanent rules for review by the 1996
	5896	+	Legislature.
	5897	+	SECTION 31. AMENDATORY 40 O.S. 2011, Section 3 -307, is
	5898	+	amended to read as follows:
	5899	+	Section 3-307. A. All remittance , under Section 1-101 et seq.
	5900	+	of this title, shall be made payable to the Oklahoma Employment
	5901	+	Security Commission, at Oklahoma City, Oklahoma, by bank Automatic
	5902	+	Clearing House (ACH) debit/credit, financial institution, draft,
	5903	+	check, cashier's check, electronic fund transfer, credit card, money
	5904	+	order, or money, and the Commission shall issue its receipt, for
	5905	+	cash or money payment, to the payor. No remittance other than cash
	5906	+	shall be in final discharge of liability due the Commission unless
	5907	+	and until it shall have been paid in cash. All monies collected
	5908	+	shall be deposited with the State Treasurer. There shall be
	5909	+	assessed, in addition to any other penalties provided for by law, an
	5910	+	administrative service fee of Twenty -five Dollars ($25.00) on each
	5911	+	check returned to the Commission or any agent thereof by reason of
	5912	+	the refusal of the bank financial institution upon which such check
	5913	+	was drawn to honor the same. There shall be assessed, in addition
	5914	+	to any other penalties provided for by law, an administrative
	5915	+	service fee of Twenty -five Dollars ($25.00) on each electronic fu nd
	5916	+	transfer that fails due to insufficient funds in the payor's
	5917	+	account.
	5918	+
	5919	+	ENGR. S. B. NO. 794 Page 50 1
	5920	+	2
	5921	+	3
	5922	+	4
	5923	+	5
	5924	+	6
	5925	+	7
	5926	+	8
	5927	+	9
	5928	+	10
	5929	+	11
	5930	+	12
	5931	+	13
	5932	+	14
	5933	+	15
	5934	+	16
	5935	+	17
	5936	+	18
	5937	+	19
	5938	+	20
	5939	+	21
	5940	+	22
	5941	+	23
	5942	+	24
	5943	+
	5944	+	B. Upon the return of any check by reason of the refusal of the
	5945	+	bank financial institution upon which such check was drawn to honor
	5946	+	the same, the Commission may file a bogus check co mplaint with the
	5947	+	appropriate district attorney who shall refer the complaint to the
	5948	+	Bogus Check Restitution Program established by Section 111 of Title
	5949	+	22 of the Oklahoma Statutes. Funds collected through the program
	5950	+	after collection of the fee authorized by Section 114 of Title 22 of
	5951	+	the Oklahoma Statutes for deposit in the Bogus Check Restitution
	5952	+	Program Fund in the county treasury shall be transmitted to the
	5953	+	Commission and credited to the liability for which the returned
	5954	+	check was drawn and to along with the administrative service fee
	5955	+	provided by this section.
	5956	+	C. The deadlines for payment of unemployment taxes and the
	5957	+	method of payment shall be set by Commission rules as provided for
	5958	+	in Title 240 of the Oklahoma Administrative Code, Chapter 10
	5959	+	Subchapter 5.
	5960	+	SECTION 32. NEW LAW A new section of law to be codified
	5961	+	in the Oklahoma Statutes as Section 3 -311 of Title 40, unless there
	5962	+	is created a duplication in numbering, reads as follows:
	5963	+	FORFEITURE OF TERMINATED EMPLOYER UNEMPLOYMENT TAX ACCOUNT
	5964	+	OVERPAYMENTS
	5965	+	A. It is the fiduciary duty of the Oklahoma Employment Security
	5966	+	Commission to return overpayments received in the Employer's
	5967	+	Unemployment Tax Account. Upon the termination of the employer’s
	5968	+
	5969	+	ENGR. S. B. NO. 794 Page 51 1
	5970	+	2
	5971	+	3
	5972	+	4
	5973	+	5
	5974	+	6
	5975	+	7
	5976	+	8
	5977	+	9
	5978	+	10
	5979	+	11
	5980	+	12
	5981	+	13
	5982	+	14
	5983	+	15
	5984	+	16
	5985	+	17
	5986	+	18
	5987	+	19
	5988	+	20
	5989	+	21
	5990	+	22
	5991	+	23
	5992	+	24
	5993	+
	5994	+	unemployment tax account, the Commissio n will issue a refund of any
	5995	+	remaining credit balance by mailing it to the last address provided
	5996	+	by the employer. If an employer's unemployment tax account has been
	5997	+	terminated and has a credit balance that has been at that level for
	5998	+	a period of one hundre d eighty (180) days or more without a refund
	5999	+	being requested from the employer, the Commission will reduce the
	6000	+	balance of that unemployment tax account to zero and consider the
	6001	+	credit to be forfeited after the Commission has exercised its
	6002	+	fiduciary duty.
	6003	+	B. Once the Commission has completed its fiduciary duty in
	6004	+	facilitating the return of the credit to the employer, based upon
	6005	+	the most current mailing address provided by the employer, the
	6006	+	Commission can assume its fiduciary duty is completed. If the
	6007	+	refund of the overpayment is returned to the Commission, the
	6008	+	employer shall consider the funds forfeited and will be prohibited
	6009	+	from requesting the credit balance in the future. All returns of
	6010	+	overpayment shall be returned to the clearing account as set forth
	6011	+	in Section 3-604 of Title 40 of the Oklahoma Statutes.
	6012	+	SECTION 33. AMENDATORY 40 O.S. 2011, Section 4 -108, is
	6013	+	amended to read as follows:
	6014	+	Section 4-108. EXECUTIVE DIRECTOR.
	6015	+	A. The chief executive officer of the Commission shall b e the
	6016	+	Executive Director who shall be appointed by and serve at the
	6017	+	pleasure of the Commission. The Executive Director shall have such
	6018	+
	6019	+	ENGR. S. B. NO. 794 Page 52 1
	6020	+	2
	6021	+	3
	6022	+	4
	6023	+	5
	6024	+	6
	6025	+	7
	6026	+	8
	6027	+	9
	6028	+	10
	6029	+	11
	6030	+	12
	6031	+	13
	6032	+	14
	6033	+	15
	6034	+	16
	6035	+	17
	6036	+	18
	6037	+	19
	6038	+	20
	6039	+	21
	6040	+	22
	6041	+	23
	6042	+	24
	6043	+
	6044	+	compensation and further duties as the Commission may establish.
	6045	+	The Executive Director may appoint in the unclassified service a
	6046	+	Deputy Director and an Associate Director, hire, promote and
	6047	+	terminate personnel, and shall fix the qualifications and duties of
	6048	+	such position. The Executive Director may also appoint in the
	6049	+	unclassified service secretaries to the Executive Dir ector, Deputy
	6050	+	Director, and Associate Director personnel.
	6051	+	B. If a person has acquired grade, rank and career status under
	6052	+	the merit system of personnel administration within the Oklahoma
	6053	+	Employment Security Commission before being appointed as Executive
	6054	+	Director, Deputy Director, Associate Director, or unclassified
	6055	+	secretary, that person shall:
	6056	+	1. Upon termination from the unclassified position, have the
	6057	+	right to be reinstated to the position within the Oklahoma
	6058	+	Employment Security Commission which was he ld prior to such
	6059	+	appointment, or to an equivalent position, unless the person was
	6060	+	terminated for a reason that would justify termination of a
	6061	+	classified employee or disqualify the person for reinstatement under
	6062	+	the Oklahoma Personnel Act or the rules imple menting it; and
	6063	+	2. Be entitled during the unclassified appointment to continue
	6064	+	to participate without interruption in any fringe benefit programs
	6065	+	available to career employees including, but not limited to,
	6066	+	retirement and insurance programs.
	6067	+
	6068	+	ENGR. S. B. NO. 794 Page 53 1
	6069	+	2
	6070	+	3
	6071	+	4
	6072	+	5
	6073	+	6
	6074	+	7
	6075	+	8
	6076	+	9
	6077	+	10
	6078	+	11
	6079	+	12
	6080	+	13
	6081	+	14
	6082	+	15
	6083	+	16
	6084	+	17
	6085	+	18
	6086	+	19
	6087	+	20
	6088	+	21
	6089	+	22
	6090	+	23
	6091	+	24
	6092	+
	6093	+	SECTION 34. AMENDATORY 40 O.S. 2011, Section 4 -311, is
	6094	+	amended to read as follows:
	6095	+	Section 4-311. COMMISSION SHALL PUBLISH RULES.
	6096	+	The Oklahoma Employment Security Commission shall cause to be
	6097	+	printed for distribution to the public the text of this act Section
	6098	+	1-101 et seq. of this title , the Commission's rules, its annual
	6099	+	reports to the Governor , and any other material the Commission deems
	6100	+	relevant and suitable and shall furnish the same to any person upon
	6101	+	application therefor to be published on the Commission website in a
	6102	+	manner that can be accessed by the general public .
	6103	+	SECTION 35. AMENDATORY 40 O.S. 2011, Section 4 -312, as
	6104	+	amended by Section 130, Chapter 304, O.S.L. 2012 (40 O.S. Supp.
	6105	+	2020, Section 4-312), is amended to read as follows:
	6106	+	Section 4-312. PERSONNEL AND COMPENSATION.
	6107	+	Subject to other provisions of this act Section 1-101 et seq. of
	6108	+	this title, the Oklahoma Employment Security Commission is
	6109	+	authorized to appoint, fix the compensation and prescribe the duties
	6110	+	and powers of such officers, accountants, attorneys, experts , and
	6111	+	other persons as may be necessary in the performance of its duties
	6112	+	under this act Section 1-101 et seq. of this title . The Commission
	6113	+	may delegate to any such persons such power and author ity as it
	6114	+	deems reasonable and proper for the effective administration of this
	6115	+	act, and may in its discretion bond any person handling moneys or
	6116	+	signing checks hereunder. The Commission is authorized and directed
	6117	+
	6118	+	ENGR. S. B. NO. 794 Page 54 1
	6119	+	2
	6120	+	3
	6121	+	4
	6122	+	5
	6123	+	6
	6124	+	7
	6125	+	8
	6126	+	9
	6127	+	10
	6128	+	11
	6129	+	12
	6130	+	13
	6131	+	14
	6132	+	15
	6133	+	16
	6134	+	17
	6135	+	18
	6136	+	19
	6137	+	20
	6138	+	21
	6139	+	22
	6140	+	23
	6141	+	24
	6142	+
1625	6143		to maintain the existing merit system cove ring all persons employed
1626	6144		in the administration of this act and shall have authority, by rule,
1627	6145		to provide for all matters which are appropriate to the
1628	6146		establishment and maintenance of such a merit system on the basis of
1629	6147		efficiency and fitness. The Commiss ion is authorized to adopt such
1630	6148		rules as may be necessary to meet personnel standards promulgated by
1631	6149		the Office of Management and Enterprise Services pursuant to the
1632	6150		Social Security Act, as amended, and the Act of Congress entitled
1633	6151		"An Act to provide for t he establishment of a national employment
1634	6152		system, and for other purposes", approved June 6, 1933, as amended ,
1635	6153		and to provide for the maintenance of the merit system required
1636	6154		under this section in conjunction with any merit system applicable
1637	6155		to any other state agency or agencies which meets the personnel
1638	6156		standards promulgated by the Office of Management and Enterprise
1639	6157		Services.
1640		-
1641		-	SECTION 17. AMENDATORY 40 O.S. 2011, Section 4-508, as
	6158	+	SECTION 36. AMENDATORY 40 O.S. 2011, Section 4 -508, as
1642	6159		last amended by Section 10, Chapter 251, O.S.L. 2019 (40 O.S. Supp.
1643	6160		2020, Section 4-508), is amended to read as follows:
1644		-
1645	6161		Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL -
1646	6162		DISCLOSURE.
1647		-
1648	6163		A. Except as otherwise provided by law, information obtained
1649	6164		from any employing unit or individual pursuant to the admin istration
1650	6165		of the Employment Security Act of 1980, any workforce system program
1651	6166		administered or monitored by the Oklahoma Employment Security
	6167	+
	6168	+	ENGR. S. B. NO. 794 Page 55 1
	6169	+	2
	6170	+	3
	6171	+	4
	6172	+	5
	6173	+	6
	6174	+	7
	6175	+	8
	6176	+	9
	6177	+	10
	6178	+	11
	6179	+	12
	6180	+	13
	6181	+	14
	6182	+	15
	6183	+	16
	6184	+	17
	6185	+	18
	6186	+	19
	6187	+	20
	6188	+	21
	6189	+	22
	6190	+	23
	6191	+	24
	6192	+
1652	6193		Commission, and determinations as to the benefit rights of any
1653	6194		individual shall be kept confidential and shall not be disclosed or
1654	6195		be open to public inspection in any manner revealing the
1655	6196		individual's or employing unit's identity. Any claimant , or
1656	6197		employer, or agent of either as authorized in writing, shall be
1657	6198		supplied with information from the records of the Oklahoma
1658	6199		Employment Security Commission, to the extent necessary for the
1659	6200		proper presentation of the claim or complaint in any proceeding
1660	6201		under the Employment Security Act of 1980, with respect thereto.
1661		-
1662	6202		B. Upon receipt of written request by any employer who
1663	6203		maintains a Supplemental Unemployment Benefit (SUB) Plan, the
1664	6204		Commission or its designated representative may release to that
1665	6205		employer information regarding weekly benefit amounts paid its
1666	6206		workers during a specified temporary layoff period, provided the
1667		-
1668		-	ENR. S. B. NO. 794 Page 39
1669	6207		Supplemental Unemployment Benefit (SUB) Plan requires benefit
1670	6208		payment information before Supplemental Unemployment Benefits can be
1671	6209		paid to the workers. Any information disclosed under this provision
1672	6210		shall be utilized solely for the purpose outlined herein and sha ll
1673	6211		be held strictly confidential by the employer.
1674		-
1675	6212		C. The provisions of this section shall not prevent the
1676	6213		Commission from disclosing the following information and no
1677	6214		liability whatsoever, civil or criminal, shall attach to any member
1678	6215		of the Commission or any employee thereof for any error or omission
1679	6216		in the disclosure of this information:
1680	6217
	6218	+	ENGR. S. B. NO. 794 Page 56 1
	6219	+	2
	6220	+	3
	6221	+	4
	6222	+	5
	6223	+	6
	6224	+	7
	6225	+	8
	6226	+	9
	6227	+	10
	6228	+	11
	6229	+	12
	6230	+	13
	6231	+	14
	6232	+	15
	6233	+	16
	6234	+	17
	6235	+	18
	6236	+	19
	6237	+	20
	6238	+	21
	6239	+	22
	6240	+	23
	6241	+	24
	6242	+
1681	6243		1. The delivery to taxpayer or claimant a copy of any report or
1682	6244		other paper filed by the taxpayer or claimant pursuant to the
1683	6245		Employment Security Act of 1980;
1684		-
1685	6246		2. The disclosure of information to any person for a purpose as
1686	6247		authorized by the taxpayer or claimant pursuant to a waiver of
1687	6248		confidentiality. The waiver shall be in writing and shall be
1688	6249		notarized;
1689		-
1690	6250		3. The Oklahoma Department of Commerce may have access to data
1691	6251		obtained pursuant to the Employment Security Act of 1980 pursuant to
1692	6252		rules promulgated by the Commission. The information obtained shall
1693	6253		be held confidential by the Department and any of its agents and
1694	6254		shall not be disclosed or be open to public inspection . The
1695	6255		Oklahoma Department of Commerce, however, may release aggregated
1696	6256		data, either by industry or county, provided that the aggregation
1697	6257		meets disclosure requirements of the Commission;
1698		-
1699	6258		4. The publication of statistics so classified as to prevent
1700	6259		the identification of a particular report and the items thereof;
1701		-
1702	6260		5. The disclosing of information or evidence to the Attorney
1703	6261		General or any district attorney when the information or evidence is
1704	6262		to be used by the officials or other parties to the proceedings to
1705	6263		prosecute or defend allegations of violations of the Employment
1706	6264		Security Act of 1980. The information disclosed to the Attorney
1707	6265		General or any district attorney shall be kept confidential by them
1708	6266		and not be disclosed except when presented to a court in a
	6267	+
	6268	+	ENGR. S. B. NO. 794 Page 57 1
	6269	+	2
	6270	+	3
	6271	+	4
	6272	+	5
	6273	+	6
	6274	+	7
	6275	+	8
	6276	+	9
	6277	+	10
	6278	+	11
	6279	+	12
	6280	+	13
	6281	+	14
	6282	+	15
	6283	+	16
	6284	+	17
	6285	+	18
	6286	+	19
	6287	+	20
	6288	+	21
	6289	+	22
	6290	+	23
	6291	+	24
	6292	+
1709	6293		prosecution of a violation of Section 1 -101 et seq. of this title,
1710		-
1711		-	ENR. S. B. NO. 794 Page 40
1712	6294		and a violation by the Attorney General or district attorney by
1713	6295		otherwise releasing the information shall be a felony;
1714		-
1715	6296		6. The furnishing, at the discretion of the Commission, of any
1716	6297		information disclosed by the records or files to any official person
1717	6298		or body of this state, any other state or of the United States who
1718	6299		is concerned with the administration of assessment of any similar
1719	6300		tax in this state, any other state or the United States;
1720		-
1721	6301		7. The furnishing of information to other state agencies for
1722	6302		the limited purpose of aiding in the collection of debts owed by
1723	6303		individuals to the requesting agencies or the Oklahoma Employment
1724	6304		Security Commission;
1725		-
1726	6305		8. The release of information to employees of the Oklahoma
1727	6306		Department of Transportation or any Metropolitan Planning
1728	6307		Organization as defined in 23 U.S.C., Section 134 and 49 U.S.C.,
1729	6308		Section 5303 of information required for use in federally mandated
1730	6309		regional transportation planning, which is performe d as a part of
1731	6310		its official duties;
1732		-
1733	6311		9. The release of information to employees of the Oklahoma
1734	6312		State Treasurer's office of information required to verify or
1735	6313		evaluate the effectiveness of the Oklahoma Small Business Linked
1736	6314		Deposit Program on job creation;
1737		-
1738	6315		10. The release of information to employees of the Attorney
1739	6316		General, the Department of Labor, the Workers' Compensation
	6317	+
	6318	+	ENGR. S. B. NO. 794 Page 58 1
	6319	+	2
	6320	+	3
	6321	+	4
	6322	+	5
	6323	+	6
	6324	+	7
	6325	+	8
	6326	+	9
	6327	+	10
	6328	+	11
	6329	+	12
	6330	+	13
	6331	+	14
	6332	+	15
	6333	+	16
	6334	+	17
	6335	+	18
	6336	+	19
	6337	+	20
	6338	+	21
	6339	+	22
	6340	+	23
	6341	+	24
	6342	+
1740	6343		Commission, and the Insurance Department for use in investigation of
1741	6344		workers' compensation fraud;
1742		-
1743	6345		11. The release of information to employees of any Oklahoma
1744	6346		state, Oklahoma county, Oklahoma municipal or Oklahoma tribal law
1745	6347		enforcement agency for use in criminal investigations and the
1746	6348		location of missing persons or fugitives from justice;
1747		-
1748	6349		12. The release of information to employees of the Center of
1749	6350		International Trade, Oklahoma State University, of information
1750	6351		required for the development of International Trade for employers
1751	6352		doing business in the State of Oklahoma;
1752		-
1753		-
1754		-	ENR. S. B. NO. 794 Page 41
1755	6353		13. The release of information to employees of the Oklahoma
1756	6354		State Regents for Higher Education of information required for use
1757	6355		in the default prevention efforts and/or collection of defaulted
1758	6356		student loans guaranteed by the Oklahoma Guaranteed Student Loan
1759	6357		Program. Any information disclosed under this provision shall be
1760	6358		utilized solely for the purpose outlined herein and shall be held
1761	6359		strictly confidential by the Oklahoma State Regents for Higher
1762	6360		Education;
1763		-
1764	6361		14. The release of information to employees of the Oklahoma
1765	6362		Department of Career and Technology Education, the Oklahoma State
1766	6363		Regents for Higher Education, the Center for Economic and Management
1767	6364		Research of the University of Oklahoma, the Center for Economic and
1768	6365		Business Development at Southwestern Oklahoma State University , or a
1769	6366		center of economic and business research or development at a
	6367	+
	6368	+	ENGR. S. B. NO. 794 Page 59 1
	6369	+	2
	6370	+	3
	6371	+	4
	6372	+	5
	6373	+	6
	6374	+	7
	6375	+	8
	6376	+	9
	6377	+	10
	6378	+	11
	6379	+	12
	6380	+	13
	6381	+	14
	6382	+	15
	6383	+	16
	6384	+	17
	6385	+	18
	6386	+	19
	6387	+	20
	6388	+	21
	6389	+	22
	6390	+	23
	6391	+	24
	6392	+
1770	6393		comprehensive or regional higher education institution within The
1771	6394		Oklahoma State System of Higher Education of information required to
1772	6395		identify economic trends or educational outcomes . The information
1773	6396		obtained shall be kept confidential b y the Oklahoma Department of
1774	6397		Career and Technology Education, the Oklahoma State Regents for
1775	6398		Higher Education and the higher education institution and shall not
1776	6399		be disclosed or be open to public inspection. The Oklahoma
1777		-	Department of Career and Technology Education, ~~the~~ Oklahoma State
	6400	+	Department of Career and Technology Education, Oklahoma State
1778	6401		Regents for Higher Education and the higher education institution
1779	6402		may release aggregated data, provided that the aggregation meets
1780	6403		disclosure requirements of the Commission;
1781		-
1782	6404		15. The release of information to employees of the Off ice of
1783	6405		Management and Enterprise Services of information required to
1784	6406		identify economic trends. The information obtained shall be kept
1785	6407		confidential by the Office of Management and Enterprise Services and
1786	6408		shall not be disclosed or be open to public inspecti on. The Office
1787	6409		of Management and Enterprise Services may release aggregate data,
1788	6410		provided that the aggregation meets disclosure requirements of the
1789	6411		Oklahoma Employment Security Commission;
1790		-
1791	6412		16. The release of information to employees of the Department
1792	6413		of Mental Health and Substance Abuse Services of information
1793	6414		required to evaluate the effectiveness of mental health and
1794	6415		substance abuse treatment and state or local programs utilized to
1795	6416		divert persons from inpatient treatment. The information obtained
	6417	+
	6418	+	ENGR. S. B. NO. 794 Page 60 1
	6419	+	2
	6420	+	3
	6421	+	4
	6422	+	5
	6423	+	6
	6424	+	7
	6425	+	8
	6426	+	9
	6427	+	10
	6428	+	11
	6429	+	12
	6430	+	13
	6431	+	14
	6432	+	15
	6433	+	16
	6434	+	17
	6435	+	18
	6436	+	19
	6437	+	20
	6438	+	21
	6439	+	22
	6440	+	23
	6441	+	24
	6442	+
1796	6443		shall be kept confidential by the Department and shall not be
1797		-
1798		-	ENR. S. B. NO. 794 Page 42
1799	6444		disclosed or be open to public inspection. The Department of Mental
1800	6445		Health and Substance Abuse Services, however, may release aggregated
1801	6446		data, either by treatment facility, program or larger aggrega te
1802	6447		units, provided that the aggregation meets disclosure requirements
1803	6448		of the Oklahoma Employment Security Commission;
1804		-
1805	6449		17. The release of information to employees of the Attorney
1806	6450		General, the Oklahoma State Bureau of Investigation , and the
1807	6451		Insurance Department for use in the investigation of insurance fraud
1808	6452		and health care fraud;
1809		-
1810	6453		18. The release of information to employees of public housing
1811	6454		agencies for purposes of determining eligibility pursuant to 42
1812	6455		U.S.C., Section 503(i);
1813		-
1814	6456		19. The release of wage and benefit claim information, at the
1815	6457		discretion of the Commission, to an agency of this state or its
1816	6458		political subdivisions that operate a program or activity designated
1817	6459		as a required partner in the Workforce Innovation and Opportunity
1818	6460		Act One-Stop delivery system pursuant to 29 U.S.C.A., Section
1819	6461		3151(b)(1), based on a showing of need made to the Commission and
1820	6462		after an agreement concerning the release of information is entered
1821	6463		into with the entity receiving the information . For the limited
1822	6464		purpose of completing performance accountability reports required by
1823	6465		the Workforce Innovation and Opportunity Act, only those designated
1824		-	required partners that mee t the 20 CFR Section 603.2(d) definition
1825		-	of public official may contract with a private agent or contractor
1826		-	pursuant to 20 CFR Section 603.5(f) for the purpose of the private
1827		-	agent or contractor receiving confidential unemployment compensation
	6466	+	required partners that meet the 20 CFR §603.2(d) definition of
	6467	+
	6468	+	ENGR. S. B. NO. 794 Page 61 1
	6469	+	2
	6470	+	3
	6471	+	4
	6472	+	5
	6473	+	6
	6474	+	7
	6475	+	8
	6476	+	9
	6477	+	10
	6478	+	11
	6479	+	12
	6480	+	13
	6481	+	14
	6482	+	15
	6483	+	16
	6484	+	17
	6485	+	18
	6486	+	19
	6487	+	20
	6488	+	21
	6489	+	22
	6490	+	23
	6491	+	24
	6492	+
	6493	+	public official may contract with a private agent or contractor
	6494	+	pursuant to 20 CFR §603.5(f) for the purpose of the private agent or
	6495	+	contractor receiving confidential unemployment compensation
1828	6496		information to the extent necessary to complete the performance
1829	6497		accountability reports ;
1830		-
1831	6498		20. The release of information to the State Wage Interchange
1832	6499		System, at the discretion of the Commission;
1833		-
1834	6500		21. The release of information to the Bureau of the Census of
1835	6501		the U.S. Department of Commerce for the purpose of economic and
1836	6502		statistical research;
1837		-
1838	6503		22. The release of employer tax information and benefit claim
1839	6504		information to the Oklahoma Health Care Authority for use in
1840	6505		determining eligibility for a program that will provide subsidies
1841		-
1842		-	ENR. S. B. NO. 794 Page 43
1843	6506		for health insurance premiums for qualified employers, employees,
1844	6507		self-employed persons, and unemployed persons;
1845		-
1846	6508		23. The release of employer tax information and benefit claim
1847	6509		information to the State Department of Rehabilitation Services for
1848	6510		use in assessing results and outcomes of clients served;
1849		-
1850	6511		24. The release of information to any state or federal law
1851	6512		enforcement authority when necessary in the investigation of any
1852	6513		crime in which the Commission is a victim. Information that is
1853	6514		confidential under this section shall be held confidential by the
1854	6515		law enforcement authority unless and until it is required for use in
1855	6516		court in the prosecution of a defendant in a criminal prosecution;
	6517	+
	6518	+	ENGR. S. B. NO. 794 Page 62 1
	6519	+	2
	6520	+	3
	6521	+	4
	6522	+	5
	6523	+	6
	6524	+	7
	6525	+	8
	6526	+	9
	6527	+	10
	6528	+	11
	6529	+	12
	6530	+	13
	6531	+	14
	6532	+	15
	6533	+	16
	6534	+	17
	6535	+	18
	6536	+	19
	6537	+	20
	6538	+	21
	6539	+	22
	6540	+	23
	6541	+	24
1856	6542
1857	6543		25. The release of information to vendors that contract with
1858	6544		the Oklahoma Employment Security Commission to provide for the
1859	6545		issuance of debit cards, to conduct electronic fund transfers, to
1860	6546		perform computer programming operations, or to perform computer
1861	6547		maintenance or replacement operations; provided the vendor agrees to
1862	6548		protect and safeguard the information it receives and to destroy the
1863	6549		information when no longer needed for the purposes set out in the
1864	6550		contract;
1865		-
1866	6551		26. The release of information to employees of the Office of
1867	6552		Juvenile Affairs of information for use in assessing results and
1868	6553		outcomes of clients served as well as the effectiveness of state and
1869	6554		local juvenile and justice programs inc luding prevention and
1870	6555		treatment programs. The information obtained shall be kept
1871	6556		confidential by the Office of Juvenile Affairs and shall not be
1872	6557		disclosed or be open to public inspection. The Office of Juvenile
1873	6558		Affairs may release aggregated data for pro grams or larger aggregate
1874	6559		units, provided that the aggregation meets disclosure requirements
1875	6560		of the Oklahoma Employment Security Commission;
1876		-
1877	6561		27. The release of information to vendors that contract with
1878	6562		the State of Oklahoma for the purpose of providing a public
1879	6563		electronic labor exchange system that will support the Oklahoma
1880	6564		Employment Security Commission's operation of an employment service
1881	6565		system to connect employers with job seekers and military veterans.
1882	6566		This labor exchange system would enhance the sta bility and security
	6567	+
	6568	+	ENGR. S. B. NO. 794 Page 63 1
	6569	+	2
	6570	+	3
	6571	+	4
	6572	+	5
	6573	+	6
	6574	+	7
	6575	+	8
	6576	+	9
	6577	+	10
	6578	+	11
	6579	+	12
	6580	+	13
	6581	+	14
	6582	+	15
	6583	+	16
	6584	+	17
	6585	+	18
	6586	+	19
	6587	+	20
	6588	+	21
	6589	+	22
	6590	+	23
	6591	+	24
	6592	+
1883	6593		of Oklahoma's economy as well as support the provision of veterans'
1884	6594		priority of service. The vendors may perform computer programming
1885		-
1886		-	ENR. S. B. NO. 794 Page 44
1887	6595		operations, perform computer maintenance or replacement operations,
1888	6596		or host the electronic solution; provided each vendor agrees to
1889	6597		protect and safeguard all information received, that no information
1890	6598		shall be disclosed to any third party, that the use of the
1891	6599		information shall be restricted to the scope of the contract, and
1892	6600		that the vendor shall properly d ispose of all information when no
1893	6601		longer needed for the purposes set out in the contract; or
1894		-
1895	6602		28. The release of employer tax information and benefit claim
1896	6603		information to employees of a county public defender's office in the
1897	6604		State of Oklahoma and the Oklah oma Indigent Defense System for the
1898	6605		purpose of determining financial eligibility for the services
1899	6606		provided by such entities.
1900		-
1901	6607		D. Subpoenas to compel disclosure of information made
1902	6608		confidential by this statute shall not be valid, except for
1903	6609		administrative subpoenas issued by federal, state, or local
1904	6610		governmental agencies that have been granted subpoena power by
1905	6611		statute or ordinance. Confidential information maintained by the
1906	6612		Commission can be obtained by order of a court of record that
1907	6613		authorizes the releas e of the records in writing. All
1908	6614		administrative subpoenas or court orders for production of documents
1909	6615		must provide a minimum of twenty (20) days from the date it is
1910	6616		served for the Commission to produce the documents. If the date on
	6617	+
	6618	+	ENGR. S. B. NO. 794 Page 64 1
	6619	+	2
	6620	+	3
	6621	+	4
	6622	+	5
	6623	+	6
	6624	+	7
	6625	+	8
	6626	+	9
	6627	+	10
	6628	+	11
	6629	+	12
	6630	+	13
	6631	+	14
	6632	+	15
	6633	+	16
	6634	+	17
	6635	+	18
	6636	+	19
	6637	+	20
	6638	+	21
	6639	+	22
	6640	+	23
	6641	+	24
	6642	+
1911	6643		which production of th e documents is required is less than twenty
1912	6644		(20) days from the date of service, the subpoena or order shall be
1913	6645		considered void on its face as an undue burden or hardship on the
1914	6646		Commission. All administrative subpoenas, court orders or notarized
1915	6647		waivers of confidentiality authorized by paragraph 2 of subsection C
1916	6648		of this section shall be presented with a request for records within
1917	6649		ninety (90) days of the date the document is issued or signed, and
1918	6650		the document can only be used one time to obtain records.
1919		-
1920	6651		E. Should any of the disclosures provided for in this section
1921	6652		require more than casual or incidental staff time, the Commission
1922	6653		shall charge the cost of the staff time to the party requesting the
1923	6654		information.
1924		-
1925	6655		F. It is further provided that the provisions of this section
1926	6656		shall be strictly interpreted and shall not be construed as
1927	6657		permitting the disclosure of any other information contained in the
1928	6658		records and files of the Commission.
1929		-
1930		-	ENR. S. B. NO. 794 Page 45
1931		-
1932		-	SECTION 18. AMENDATORY 40 O.S. 2011, Section 5 -107, is
	6659	+	SECTION 37. AMENDATORY 40 O.S. 2011, Section 5 -107, is
1933	6660		amended to read as follows:
1934		-
1935	6661		Section 5-107. WRONGFUL DISCLOSURE OF INFORMATION.
1936		-
1937	6662		If any employee or member of the Board of Review or the Oklahoma
1938	6663		Employment Security Commission or any employee of the Commission, in
1939	6664		violation of or any employee of a gover nmental unit, private
1940	6665		business or nonprofit entity that is allowed access to information
1941	6666		under Section 4-508 of this title, makes any disclosure of
	6667	+
	6668	+	ENGR. S. B. NO. 794 Page 65 1
	6669	+	2
	6670	+	3
	6671	+	4
	6672	+	5
	6673	+	6
	6674	+	7
	6675	+	8
	6676	+	9
	6677	+	10
	6678	+	11
	6679	+	12
	6680	+	13
	6681	+	14
	6682	+	15
	6683	+	16
	6684	+	17
	6685	+	18
	6686	+	19
	6687	+	20
	6688	+	21
	6689	+	22
	6690	+	23
	6691	+	24
	6692	+
1942	6693		confidential information obtained from any employing unit or
1943	6694		individual in the administration of this act or otherwise violates
1944	6695		Section 4-508 of this title, or if any person who has obtained any
1945	6696		list of applicants for work, or of claimants or recipients of
1946	6697		benefits, under this act Section 5-101 et seq. of this title shall
1947	6698		use or permit the use of such list for a ny political purpose, he
1948	6699		such individual shall be guilty of a misdemeanor and shall be
1949	6700		punished by a fine of not less than Fifty Dollars ($50.00) nor more
1950	6701		than Five Hundred Dollars ($500.00), or imprisoned for not longer
1951	6702		than ninety (90) days, or both.
1952		-
1953		-	SECTION 19. This act shall become effective November 1, 2021.
1954		-
1955		-
1956		-	ENR. S. B. NO. 794 Page 46
1957		-	Passed the Senate the 29th day of April, 2021.
	6703	+	SECTION 38. This act shall become effective November 1, 2021.
	6704	+	Passed the Senate the 9th day of March, 2021.
1958	6705
1959	6706
1960	6707
1961	6708		Presiding Officer of the Senate
1962	6709
1963	6710
1964		-	Passed the House of Representatives the 13th day of April, 2021.
	6711	+	Passed the House of Representatives the ____ day of __________,
	6712	+	2021.
1965	6713
1966	6714
1967	6715
1968	6716		Presiding Officer of the House
1969	6717		of Representatives
1970	6718
1971		-	OFFICE OF THE GOVERNOR
1972		-	Received by the Office of the Governor this _______ _____________
1973		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1974		-	By: _______________________________ __
1975		-	Approved by the Governor of the State of Oklahoma this _____ ____
1976		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1977		-
1978		-	_________________________________
1979		-	Governor of the State of Oklahoma
1980		-
1981		-
1982		-	OFFICE OF THE SECRETARY OF STATE
1983		-	Received by the Office of the Secretary of State this _______ ___
1984		-	day of __________________, 20 _______, at _______ o'clock _______ M.
1985		-	By: __________________________ _______
	6719	+