Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB924 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31-STATE OF OKLAHOMA
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33-1st Session of the 60th Legislature (2025)
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3528 ENGROSSED SENATE
3629 BILL NO. 924 By: Coleman of the Senate
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3831 and
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4033 Tedford of the House
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4538 An Act relating to the Employment Security Act of
4639 1980; amending 40 O.S. 2021, Section 1 -201, as last
4740 amended by Section 1, Chapter 114, O.S.L. 2024 (40
4841 O.S. Supp. 2024, Section 1-201), which relates to
4942 definitions; defining term; amending 40 O.S. 2021,
5043 Section 1-224, as last amended by Section 2, Chapter
5144 114, O.S.L. 2024 (40 O.S. Supp. 2024, Section 1 -224),
5245 which relates to filing; authorizing the Oklahoma
5346 Employment Security Commission to modify appeal
5447 filing requirements under certain circumstances;
5548 amending 40 O.S. 2021, Section 2 -610, which relates
5649 to judicial review; allowing certain case to be
5750 dismissed upon failure to provide certain
5851 information; amending 40 O .S. 2021, Section 4-508, as
5952 amended by Section 22, Chapter 360, O.S.L. 2022 (40
6053 O.S. Supp. 2024, Section 4 -508), which relates to
6154 information to be kept confidential; removing
6255 reference to specific entities; updating statutory
6356 language; and providing an effective date.
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6962 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7063 SECTION 1. AMENDATORY 40 O.S. 2021, Section 1 -201, as
7164 last amended by Section 1, Chapter 114, O.S.L. 2024 (40 O.S. Supp.
7265 2024, Section 1-201), is amended to read as follows:
66+Section 1-201. GENERAL DEFINITIONS. As used in the Employment
67+Security Act of 1980:
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100-Section 1-201. GENERAL DEFINITIONS. As used in the Employment
101-Security Act of 1980:
10294 1. “Additional initial claim ” means a claim application which
10395 reactivates a claim during an existing benefit year and certifies to
10496 a period of employmen t which occurred subsequent to the date of the
10597 filing of the last initial, additional, or reopened claim;
10698 2. “Alternative base period ” means the most recent four (4)
10799 completed calendar quarters immediately preceding the first day of
108100 an individual’s benefit year. In the event that an individual ’s
109101 claim uses an alternative base period to meet the wage requirement
110102 under Section 2-207 of this title, this alternative base period
111103 shall be substituted for base period for all other purposes under
112104 the Employment Security Act of 1980;
113105 3. “Assigned tax rate” means the tax rate assigned to an
114106 employer pursuant to Section 3 -110.1 of this title when the employer
115107 does not have sufficient experience history to meet the At -Risk Rule
116108 set out in paragraph 3 of Section 3 -110.1 of this title;
117109 4. “Base period” means the first four (4) of the last five (5)
118110 completed calendar quarters immediately preceding the first day of
119111 an individual’s benefit year;
120112 5. “Benefit year” with respect to any individual means the one -
121113 year period beginning with the first day of the first week with
122114 respect to which the individual first files a valid claim for
123115 benefits and thereafter the one -year period beginning with the first
116+day of the first week with respect to which the individual next
117+files a valid claim for benefits after the termination of his or her
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151-day of the first week with respect to which the individual next
152-files a valid claim for benefits after the termination of his or her
153144 last preceding benefit year. Any claim for benefits shall be deemed
154145 a valid claim for the purpose of this section if the individual has
155146 been paid the wages for insured work required under the Empl oyment
156147 Security Act of 1980;
157148 6. “Benefit wages” means the taxable wages earned by a claimant
158149 during the claimant’s base period which are not in excess of the
159150 current maximum weekly benefit amount, as determined under Section
160151 2-104 of this title, multiplie d by the maximum number of weeks for
161152 which benefits could be paid to any individual pursuant to Section
162153 2-106 of this title, multiplied by three (3); provided, however, no
163154 wages shall be included as benefit wages unless and until the
164155 claimant has been paid benefits for five (5) weeks in one (1)
165156 benefit year;
166157 7. “Benefits” means the money payments payable to an individual
167158 as provided in the Employment Security Act of 1980 with respect to
168159 his or her unemployment, including extended benefits. The federal
169160 share of such extended benefits shall not be construed as benefits
170161 for the purposes of computing contribution rates under the
171162 Employment Security Act of 1980;
172163 8. “Calendar quarter” means the period of three (3) consecutive
173164 calendar months ending on March 31, June 30, September 30, or
165+December 31, or the equivalent thereof as the Oklahoma Employment
166+Security Commission may by regulation prescribe;
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201-December 31, or the equivalent thereof as the Oklahoma Employment
202-Security Commission may by regulation prescribe;
203193 9. “Claimant” means an individual who has filed for
204194 unemployment benefits with the Commission;
205195 9. 10. “Client” shall have the same meaning as provided in
206196 paragraph 1 of Section 600.2 of this title;
207197 10. 11. “Coemployer” shall have the same meaning as provided in
208198 paragraph 2 of Section 600.2 of this title;
209199 11. 12. “Coemployment relationship ” shall have the same mean ing
210200 as provided in paragraph 3 of Section 600.2 of this title;
211201 12. 13. “Commission” means the Oklahoma Employment Security
212202 Commission;
213203 13. 14. “Commissioner” means a member of the Commission;
214204 14. 15. “Continued claim series ” means an uninterrupted serie s
215205 of weekly claims filed by a claimant during the benefit year;
216206 15. 16. “Contributions” means the money payments, including
217207 taxes and reimbursements, required by the Employment Security Act of
218208 1980 to be paid into the Unemployment Compensation Fund by an
219209 employer;
220210 16. 17. “Covered employee” shall have the same meaning as
221211 provided in paragraph 5 of Section 600.2 of this title;
222212 17. 18. “Digital portal filing ” means electronic communication
223213 through the agency digital portal;
214+18. 19. “Earned tax rate” means the tax rate calculated for an
215+employer with sufficient experience history to meet the At -Risk Rule
216+set out in paragraph 3 of Section 3 -110.1 of this title, with the
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251-18. 19. “Earned tax rate” means the tax rate calculated for an
252-employer with sufficient experience history to meet the At -Risk Rule
253-set out in paragraph 3 of Section 3 -110.1 of this title, with the
254243 tax rate calculated pursuant to the provisions of Section 3 -101 et
255244 seq. of this title;
256245 19. 20. “Electronic e-filing” means filing by email or fax to
257246 email;
258247 20. 21. “Eligibility period” of an individual for extended
259248 benefits means the period consisting of the weeks in his or her
260249 benefit year, as defined by the Employment Security Act of 1980,
261250 which begin in an extended benefit period and, if his or her benefit
262251 year ends within such extended benefit period, any weeks thereafter
263252 which begin in such extended benefit period;
264253 21. 22. “Employer” shall have the same meaning as provided in
265254 Section 1-208 of this title;
266255 22. 23. “Employing unit” means any individual or type of
267256 organization, including any partnership, association, trust, estate,
268257 joint stock company, insurance company, limited liability company or
269258 corporation, whether domestic or foreign, or the receiver, trustee
270259 in bankruptcy, trustee or successor thereof, or the legal
271260 representative of a deceased person, which has or subsequent to
272261 January 1, 1936, had in its employ one or more individuals
273262 performing services for it within this state;
263+23. 24. “Employment” shall have the same meaning as provided in
264+Section 1-210 of this title;
265+24. 25. “Employment office” means a free public employment
266+office or branch thereof operated by this or any other state as a
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301-23. 24. “Employment” shall have the same meaning as provided in
302-Section 1-210 of this title;
303-24. 25. “Employment office” means a free public employment
304-office or branch thereof operated by this or any other state as a
305293 part of a state-controlled system of pu blic employment offices or by
306294 a federal agency charged with the administration of an unemployment
307295 compensation program or free public employment offices;
308296 25. 26. “Employment Security Administration Fund ” means the
309297 fund established in Section 4 -602 of this title from which
310298 administration expenses under the Employment Security Act of 1980
311299 shall be paid;
312300 26. 27. “Exhaustee” shall have the same meaning as provided in
313301 Section 2-712 of this title;
314302 27. 28. “Experience period” means the most recent twelve (12)
315303 consecutive completed calendar quarters occurring before July 1 of
316304 the year immediately preceding the year for which the employer ’s
317305 contribution rate is being calculated;
318306 28. 29. “Extended base period ” means the four (4) quarters
319307 prior to the claimant ’s base period. These four (4) quarters may be
320308 substituted for base period quarters on a quarter -by-quarter basis
321309 to establish a valid claim regardless of whether the wages have been
322310 used to establish a prior claim, except any wages earned that would
323311 render the Commission out of compliance with applicable federal law
324312 shall be excluded if used in a prior claim;
313+29. 30. “Extended benefit period ” shall have the same meaning
314+as provided in Section 2 -703 of this title;
315+30. 31. “File”, “files”, or “filed” shall have the same meaning
316+as provided in Section 1 -224 of this title;
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352-29. 30. “Extended benefit period ” shall have the same meaning
353-as provided in Section 2 -703 of this title;
354-30. 31. “File”, “files”, or “filed” shall have the same meaning
355-as provided in Section 1 -224 of this title;
356343 31. 32. “Mail”, “mails”, “mailed”, or “mailing” means
357344 communication sent by a postal service with sufficient postage;
358345 32. 33. “Foreign limited liability company ” shall be defined by
359346 the provisions of the Oklahoma Limited Liability Company Act;
360347 33. 34. “Fund” means the Unemployment Compensation Fund
361348 established in Section 3 -601 of this title;
362349 34. 35. “Hospital” means any hospital required to be licensed
363350 under the Oklahoma Public Health Code, Section 1-101 et seq. of
364351 Title 63 of the Oklahoma Statutes, and includes state mental
365352 hospitals and any other mental hospital or institution;
366353 35. 36. “Initial claim” means a new claim application submitted
367354 by a claimant to establish a benefit year for une mployment insurance
368355 benefits;
369356 36. 37. “Institution of higher education ” shall have the same
370357 meaning as provided in Section 1 -214 of this title;
371358 37. 38. “Insured work” means employment for employers as
372359 defined by the Employment Security Act of 1980;
373360 38. 39. “Lessor employing unit” means any independently
374361 established business entity which engages in the business of
375362 providing leased employees to any other employer, individual,
363+organization, partnership, corporation, or other legal entity,
364+referred to herein as a client lessee;
365+39. 40. “Limited liability company ” shall be defined by the
366+provisions of the Oklahoma Limited Liability Company Act;
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403-organization, partnership, corporation, or other legal entity,
404-referred to herein as a client lessee;
405-39. 40. “Limited liability company ” shall be defined by the
406-provisions of the Oklahoma Limited Liability Company Act;
407393 40. 41. “Probationary period” means a period of time set forth
408394 in an established probationary plan, which applies t o all employees
409395 or a specific group of employees, and does not exceed ninety (90)
410396 calendar days from the first day a new employee begins work;
411397 41. 42. “Professional Employer Organization ” or “PEO” means an
412398 organization that is subject to the Oklahoma Prof essional Employer
413399 Organization Recognition and Registration Act and which meets the
414400 definition set out in paragraph 9 of Section 600.2 of this title;
415401 42. 43. “Rate of insured employment ” shall have the same
416402 meaning as provided in Section 2 -708 of this title;
417403 43. 44. “Regular benefits” means benefits payable to an
418404 individual under the Employment Security Act of 1980, or under any
419405 other state law including dependents ’ allowances and benefits
420406 payable to federal civilian employees;
421407 44. 45. “Reopened claim” means a claim application which
422408 reactivates a claim during an existing benefit year when a claimant
423409 stopped filing for benefits before his or her claim was exhausted,
424410 but in which there occurred no intervening employment from the date
425411 of the filing of the l ast initial, additional, or reopened claim;
412+45. 46. “State” includes, in addition to the states of the
413+United States of America, the District of Columbia, the Commonwealth
414+of Puerto Rico, and the Virgin Islands;
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453-45. 46. “State” includes, in addition to the states of the
454-United States of America, the District of Colum bia, the Commonwealth
455-of Puerto Rico, and the Virgin Islands;
456441 46. 47. “State law” means the unemployment insurance law of any
457442 state, approved by the Secretary of Labor of the United States under
458443 Section 3304 of the Internal Revenue Code of 1954;
459444 47. 48. “Supplemental unemployment benefit plan ” means a plan
460445 that provides for an employer to make payments to i ts employees
461446 during a permanent or temporary layoff that will supplement
462447 unemployment benefits received by the employees. The purpose of a
463448 supplemental unemployment benefit plan is to allow an employer to
464449 sustain the purchasing power of its employees or f ormer employees
465450 during a layoff;
466451 48. 49. “Taxable wages” means the wages paid to an individual
467452 with respect to employment during a calendar year for services
468453 covered by the Employment Security Act of 1980 or other state
469454 unemployment compensation acts whic h shall equal the applicable
470455 percentage of the state ’s average annual wage for the second
471456 preceding calendar year as determined by the Commission, rounded to
472457 the nearest multiple of One Hundred Dollars ($100.00);
473458 49. 50. “Wages” shall have the same meanin g as provided in
474459 Section 1-218 of this title;
475460 50. 51. “Wages paid” means wages actually paid to the worker;
476461 provided, however, that in the event of any distribution of an
462+employer’s assets through insolvency, receivership, composition,
463+assignment for the benefit of creditors, or termination of business,
464+wages earned but not actually paid shall be considered as paid; and
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504-employer’s assets through insolvency, receivership, composition,
505-assignment for the benefit of creditors, or termination of business,
506-wages earned but not actually paid shall be considered as paid; and
507491 51. 52. “Week” means such period of seven (7) consecutive days,
508492 as the Commission may by regulation prescribe.
509493 SECTION 2. AMENDATORY 40 O.S. 2021, Section 1 -224, as
510494 last amended by Section 2, Chapter 114, O.S.L. 2024 (40 O.S. Supp.
511495 2024, Section 1-224), is amended to read as follows:
512496 Section 1-224. FILE.
513497 A. For purposes of this section, “OESC 2020-21 business process
514498 transformation” means a change from paper process to integrated
515499 digital technology. Upon completion of the OESC 2020 -21 business
516500 process transformation, electronic e -filing will be the Oklahoma
517501 Employment Security Commission’s preferred filing method for
518502 tendering and receiving documents. All claimants and employers
519503 tendering documents to the Commission will be expected to tender the
520504 documents electronically. If the claimant or employer has elected
521505 to utilize other means of transmittal, it will be t he responsibility
522506 of the claimant or employer to notify the Commission of this
523507 preference.
524508 B. When the provisions of the Employment Security Act of 1980
525509 or the rules promulgated under the authority of the act Employment
526510 Security Act of 1980 require any document to be filed with the
511+Oklahoma Employment Security Commission or its affiliate entities,
512+the term “file”, “files”, or “filed” shall mean:
513+1. Mailing by means calculated to ensure receipt by the
514+Oklahoma Employment Security Commission on or before th e date due.
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554-Oklahoma Employment Security Commission or its affiliate entities,
555-the term “file”, “files”, or “filed” shall mean:
556-1. Mailing by means calculated to ensure receipt by the
557-Oklahoma Employment Security Commission on or before th e date due.
558541 Timely mailing shall be determined by the United States Postal
559542 Service postmark. If there is no such legible postmark, the date of
560543 receipt by the Commission shall constitute the date of filing;
561544 2. Electronic e-filing to the Oklahoma Employme nt Security
562545 Commission, as directed by the instructions on the determination
563546 letter, order or other document issued by the Commission, by
564547 midnight on or before the date due. Timely transmission shall be
565548 determined by the Commission ’s transmission log file ; or
566549 3. Digital portal filing by midnight on or before the date due.
567550 Timely transmission shall be determined by the Commission ’s
568551 transmission log file ; or
569552 4. In significant economic situations, instances where evidence
570553 suggests potential fraudulent acti vity or for those who have not
571554 completed the claim filing process, the Commission shall have the
572555 discretion to modify the appeal filing requirements to respond to
573556 the situation.
574557 C. If the Employment Security Act of 1980 or the rules
575558 promulgated under the Employment Security Act of 1980 require that a
576559 document be filed with a court or any other agency of this state,
560+the term “file”, “files” or “filed” shall be defined by the
561+statutes, rules or practice governing that court or agency.
562+SECTION 3. AMENDATORY 40 O.S. 2021, Section 2 -610, is
563+amended to read as follows:
564+Section 2-610. JUDICIAL REVIEW.
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604-the term “file”, “files” or “filed” shall be defined by the
605-statutes, rules or practice governing that court or agency.
606-SECTION 3. AMENDATORY 40 O.S. 2021, Section 2 -610, is
607-amended to read as follows:
608-Section 2-610. JUDICIAL REVIEW.
609591 A. Within the thirty (30) days after the day a notice of
610592 decision of the Board of Review is mailed to the parties, the
611593 Oklahoma Employment Security Commission, or any party to the
612594 proceedings before the Board of Review, may obtain judicial review
613595 by filing in the district court of the county in which the claimant
614596 resides, or if the claimant is not a resident of the State of
615597 Oklahoma then in the District Court of Oklahoma County, a petition
616598 for review of the decision of the Board of Review. The petition for
617599 review shall set out the names of all codefendants in the style of
618600 the case, which shall include:
619601 1. The Board of Review;
620602 2. The Oklahoma Employment Security Commission; and
621603 3. All other parties to the proceeding before the Board of
622604 Review.
623605 Failure to properly name the codefendants as stated in this
624606 section shall be deemed a jurisdictional defect and the case shall
625607 be dismissed. The petition for review need not be verified but
626608 shall state specifically the grounds upon which the review is
627609 sought. A copy of the petition for review shall be served upon the
610+Board of Review at its official address and the petitioner shall
611+also deliver to the Board of Review as many copies of the petition
612+as there are defendants. The Board of Review shall issue to each
613+party to the proceeding a copy of the petition and the issuance
614+shall be deemed to be service upon all the parties. In any
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655-Board of Review at its official address and the petitioner shall
656-also deliver to the Board of Review as many copies of the petition
657-as there are defendants. The Board of Review shall issue to each
658-party to the proceeding a copy of th e petition and the issuance
659-shall be deemed to be service upon all the parties. In any
660641 proceeding under this section the findings of the Board of Review as
661642 to the facts, if supported by evidence, shall be conclusive and the
662643 jurisdiction of the court shall be confined to questions of law. No
663644 additional evidence shall be received by the court, but the court
664645 may remand the case and order additional evidence to be taken by the
665646 Appeal Tribunal of the Oklahoma Employment Security Commission.
666647 B. Within sixty (60) days of the date of service of the
667648 petition on the Board of Review, the Board of Review shall file wit h
668649 the court a certified copy of the record of the case, including all
669650 documents and papers properly admitted into evidence and a
670651 transcript of all testimony taken in the matter, together with the
671652 Board of Review’s findings, conclusions and decision.
672653 C. The proceedings shall be heard in a summary manner and shall
673654 be given precedence over all other civil cases. An appeal may be
674655 taken from the decision of the district court to the Supreme Court
675656 of this state in the same manner as is provided in other civil
676657 cases. It shall not be necessary as a condition precedent to
677658 judicial review of any decision of the Board of Review to enter
678659 exceptions to the rulings of the Board, and no bond shall be
660+required as a condition of initiating a proceeding for judicial
661+review or entering an appeal from the decision of the court. Upon
662+the final termination of the judicial proceeding, the Board of
663+Review shall enter an order in accordance with the mandate of the
664+district or appellate court.
679665
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666+ENGR. S. B. NO. 924 Page 14 1
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706-required as a condition of initiating a proceeding for judicial
707-review or entering an appeal from the decision of the court. Upon
708-the final termination of the judicial proceeding, the Board of
709-Review shall enter an order in accordance with the mandate of the
710-district or appellate court.
711691 SECTION 4. AMENDATORY 40 O.S. 2021, Section 4 -508, as
712692 amended by Section 22, Chapter 360, O.S.L. 2022 (40 O.S. Supp. 2024,
713693 Section 4-508), is amended to read as follows:
714694 Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL -
715695 DISCLOSURE.
716696 A. Except as otherwise provide d by law, information obtained
717697 from any employing unit or individual pursuant to the administration
718698 of the Employment Security Act of 1980, any workforce system program
719699 administered or monitored by the Oklahoma Employment Security
720700 Commission, and determina tions as to the benefit rights of any
721701 individual shall be kept confidential and shall not be disclosed or
722702 be open to public inspection in any manner revealing the
723703 individual’s or employing unit’s identity. Any claimant, employer,
724704 or agent of either as aut horized in writing, shall be supplied with
725705 information from the records of the Oklahoma Employment Security
726706 Commission, to the extent necessary for the proper presentation of
727707 the claim or complaint in any proceeding under the Employment
728708 Security Act of 1980, with respect thereto.
709+B. Upon receipt of written request by any employer who
710+maintains a Supplemental Unemployment Benefit (SUB) Plan, the
711+Commission or its designated representative may release to that
712+employer information regarding weekly benefit amo unts paid its
713+workers during a specified temporary layoff period, provided the
714+Supplemental Unemployment Benefit (SUB) Plan requires benefit
729715
730-SB924 HFLR Page 15
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716+ENGR. S. B. NO. 924 Page 15 1
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756-B. Upon receipt of written request by any employer who
757-maintains a Supplemental Unemployment Benefit (SUB) Plan, the
758-Commission or its designated representative may release to that
759-employer information regarding weekly benefit amo unts paid its
760-workers during a specified temporary layoff period, provided the
761-Supplemental Unemployment Benefit (SUB) Plan requires benefit
762741 payment information before Supplemental Unemployment Benefits can be
763742 paid to the workers. Any information disclose d under this provision
764743 shall be utilized solely for the purpose outlined herein and shall
765744 be held strictly confidential by the employer.
766745 C. The provisions of this section shall not prevent the
767746 Commission from disclosing the following information and no
768747 liability whatsoever, civil or criminal, shall attach to any member
769748 of the Commission or any employee thereof for any error or omission
770749 in the disclosure of this information:
771750 1. The delivery to taxpayer or claimant a copy of any report or
772751 other paper filed by the taxpayer or claimant pursuant to the
773752 Employment Security Act of 1980;
774753 2. The disclosure of information to any person for a purpose as
775754 authorized by the taxpayer or claimant pursuant to a waiver of
776755 confidentiality. The waiver shall be in writing an d shall be
777756 notarized;
778757 3. The Oklahoma Department of Commerce may have access to data
779758 obtained pursuant to the Employment Security Act of 1980 pursuant to
759+rules promulgated by the Commission. The information obtained shall
760+be held confidential by the Depa rtment and any of its agents and
761+shall not be disclosed or be open to public inspection. The
762+Oklahoma Department of Commerce, however, may release aggregated
763+data, either by industry or county, provided that the aggregation
764+meets disclosure requirements o f the Commission;
780765
781-SB924 HFLR Page 16
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766+ENGR. S. B. NO. 924 Page 16 1
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807-rules promulgated by the Commission. The information obtained shall
808-be held confidential by the Department and any of its agents and
809-shall not be disclosed or be open to public inspection. The
810-Oklahoma Department of Commerce, however, may release agg regated
811-data, either by industry or county, provided that the aggregation
812-meets disclosure requirements o f the Commission;
813791 4. The publication of statistics so classified as to prevent
814792 the identification of a particular report and the items thereof;
815793 5. The disclosing of information or evidence to the Attorney
816794 General or any district attorney when the informa tion or evidence is
817795 to be used by the officials or other parties to the proceedings to
818796 prosecute or defend allegations of violations of the Employment
819797 Security Act of 1980. The information disclosed to the Attorney
820798 General or any district attorney shall b e kept confidential by them
821799 and not be disclosed except when presented to a court in a
822800 prosecution of a violation of Section 1 -101 et seq. of this title,
823801 and a violation by the Attorney General or district attorney by
824802 otherwise releasing the information sh all be a felony;
825803 6. The furnishing, at the discretion of the Commission, of any
826804 information disclosed by the records or files to any official person
827805 or body of this state, any other state or of the United States who
828806 is concerned with the administration of assessment of any similar
829807 tax in this state, any other state or the United States;
808+7. The furnishing of information to other state agencies for
809+the limited purpose of aiding in the collection of debts owed by
810+individuals to the requesting agencies or the Oklahoma Employment
811+Security Commission;
812+8. The release of information to employees of the Department of
813+Transportation required for use in federally mandated regional
830814
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832-BOLD FACE denotes Committee Amendm ents. 1
815+ENGR. S. B. NO. 924 Page 17 1
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857-7. The furnishing of information to other state agencies for
858-the limited purpose of aiding in the collection of debts owed by
859-individuals to the requesting agencies or the Oklahoma Employment
860-Security Commission;
861-8. The release of information to employees of the Department of
862-Transportation required for use in federally mandated regional
863840 transportation planning, which is performed as a part of its
864841 official duties;
865842 9. The release of information to employees of the State
866843 Treasurer’s office required to verify or evaluate the effectiveness
867844 of the Oklahoma Small Business Linked Deposit Program on job
868845 creation;
869846 10. The release of information to employees of the Attorney
870847 General, the Department of Labor, the Workers ’ Compensation
871848 Commission and the Insurance Department for use in investigation of
872849 workers’ compensation fraud;
873850 11. The release of information to employees of any state,
874851 county, municipal or tribal law enforcement agency for use in
875852 criminal investigations and the location of missing persons or
876853 fugitives from justice;
877854 12. The release of information to employees of the Center of
878855 International Trade, Oklahoma State University, required for the
879856 development of Internationa l Trade for employers doing business in
880857 this state;
858+13. The release of information to employees of the Oklahoma
859+State Regents for Higher Education required for use in the default
860+prevention efforts and/or collection of defaulted student loans
861+guaranteed by the Oklahoma Guaranteed Student Loan Program. Any
862+information disclosed under this provision shall be utilized solely
881863
882-SB924 HFLR Page 18
883-BOLD FACE denotes Committee Amendm ents. 1
864+ENGR. S. B. NO. 924 Page 18 1
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908-13. The release of information to employees of the Oklahoma
909-State Regents for Higher Education req uired for use in the default
910-prevention efforts and/or collection of defaulted student loans
911-guaranteed by the Oklahoma Guaranteed Student Loan Program. Any
912-information disclosed under this provision shall be utilized solely
913889 for the purpose outlined herein and shall be held strictly
914890 confidential by the Oklahoma State Regents for Higher Education;
915891 14. The release of information to employees of the Oklahoma
916892 Department of Career and Technology Education, the Oklahoma State
917893 Regents for Higher Education, the Center for Economic and Management
918894 Research of the University of Oklahoma, the Center for Economic and
919895 Business Development at Southwestern Oklahoma State University or a
920896 center of economic and business research or development at a
921897 comprehensive or regional higher education institution within The
922898 Oklahoma State System of Higher Education required to identify
923899 economic trends or educational outcomes. The information obtained
924900 shall be kept confidential by the Oklahoma Department of Career and
925901 Technology Education, the Oklahoma State Regents for Higher
926902 Education and the higher education institution and shall not b e
927903 disclosed or be open to public inspection. The Oklahoma Department
928904 of Career and Technology Education, the Oklahoma State Regents for
929905 Higher Education and the higher education institution may release
930906 aggregated data, provided that the aggregation meets disclosure
931907 requirements of the Commission;
908+15. The release of information to employees of the Office of
909+Management and Enterprise Services required to identify economic
910+trends. The information obtained shall be kept confidential by the
911+Office of Management and Enterprise Services and shall not be
912+disclosed or be open to public inspection. The Office of Management
932913
933-SB924 HFLR Page 19
934-BOLD FACE denotes Committee Amendm ents. 1
914+ENGR. S. B. NO. 924 Page 19 1
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959-15. The release of information to employees of the Office of
960-Management and Enterprise Services required to identify economic
961-trends. The information obtained shall be kept confidential by the
962-Office of Management and Enterprise Services and shall not be
963-disclosed or be open to public inspection. The Office of Management
964939 and Enterprise Services may release aggregate data, provided that
965940 the aggregation meets disclosure requirements of the Oklahoma
966941 Employment Security Commission;
967942 16. The release of information to employees of the Department
968943 of Mental Health and Substance Abuse Services required to evaluate
969944 the effectiveness of mental health and substance abuse treatment and
970945 state or local programs utilized to dive rt persons from inpatient
971946 treatment. The information obtained shall be kept confidential by
972947 the Department and shall not be disclosed or be open to public
973948 inspection. The Department of Mental Health and Substance Abuse
974949 Services, however, may release aggr egated data, either by treatment
975950 facility, program or larger aggregate units, provided that the
976951 aggregation meets disclosure requirements of the Oklahoma Employment
977952 Security Commission;
978953 17. The release of information to employees of the Attorney
979954 General, the Oklahoma State Bureau of Investigation and the
980955 Insurance Department for use in the investigation of insurance fraud
981956 and health care fraud;
957+18. The release of information to employees of public housing
958+agencies for purposes of determining eligibility p ursuant to 42
959+U.S.C., Section 503(i);
960+19. The release of wage and benefit claim information, at the
961+discretion of the Commission, to an agency of this state or its
962+political subdivisions that operate a program or activity designated
982963
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1009-18. The release of information to employees of public housing
1010-agencies for purposes of determining eligibility pursuant to 42
1011-U.S.C., Section 503(i);
1012-19. The release of wage and benefit claim information, at the
1013-discretion of the Commission, to an agency of this state or its
1014-political subdivisions that operate a program or activity designated
1015989 as a required partner in the Workforce Innovation and Opportunity
1016990 Act One-Stop delivery system pursuant to 29 U.S.C.A., Section
1017991 3151(b)(1), based on a showing of need made to the Commission and
1018992 after an agreement concerning the release of information is entered
1019993 into with the entity receiving the information. For the limited
1020994 purpose of completing performance accountability reports required by
1021995 the Workforce Innovation and Opportunity Act, only those designated
1022996 required partners that meet the 20 CFR Section 603.2(d) definition
1023997 of public official may contract with a private agent or contractor
1024998 pursuant to 20 CFR Section 603.5(f) for the purpose of the private
1025999 agent or contractor receiving confidential unemployment compensation
10261000 information to the extent necessary to complete the perf ormance
10271001 accountability reports;
10281002 20. The release of information to the State Wage Interchange
10291003 System, at the discretion of the Commission;
10301004 21. The release of information to the Bureau of the Census of
10311005 the U.S. Department of Commerce, the Bureau of Labor S tatistics of
10321006 the U.S. Department of Labor, and its agents employed by the
1007+Oklahoma Department of Labor for the purpose of economic and
1008+statistical research;
1009+22. The release of employer tax information and benefit claim
1010+information to the Oklahoma Health C are Authority for use in
1011+determining eligibility for a program that will provide subsidies
10331012
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1060-Oklahoma Department of Labor for the purpose of economic and
1061-statistical research;
1062-22. The release of employer tax information and benefit claim
1063-information to the Oklahoma Health Care Authority for use in
1064-determining eligibility for a program that will provide subsidies
10651038 for health insurance premiums for qualified employers, employees,
10661039 self-employed persons and unemployed persons;
10671040 23. The release of employer tax information and bene fit claim
10681041 information to the State Department of Rehabilitation Services for
10691042 use in assessing results and outcomes of clients served;
10701043 24. The release of information to any state or federal law
10711044 enforcement authority when necessary in the investigation of a ny
10721045 crime in which the Commission is a victim. Information that is
10731046 confidential under this section shall be held confidential by the
10741047 law enforcement authority unless and until it is required for use in
10751048 court in the prosecution of a defendant in a criminal prosecution;
10761049 25. The release of information to vendors that contract with
10771050 the Oklahoma Employment Security Commission to provide for the
10781051 issuance of debit cards, to conduct electronic fund transfers, to
10791052 perform computer programming operations, or to perfo rm computer
10801053 maintenance or replacement operations; provided the vendor agrees to
10811054 protect and safeguard the information it receives and to destroy the
10821055 information when no longer needed for the purposes set out in the
10831056 contract;
1057+26. The release of informatio n to employees of the Office of
1058+Juvenile Affairs for use in assessing results and outcomes of
1059+clients served as well as the effectiveness of state and local
1060+juvenile and justice programs including prevention and treatment
1061+programs. The information obtaine d shall be kept confidential by
10841062
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1111-26. The release of informatio n to employees of the Office of
1112-Juvenile Affairs for use in assessing results and outcomes of
1113-clients served as well as the effectiveness of state and local
1114-juvenile and justice programs including prevention and treatment
1115-programs. The information obtained shall be kept confidential by
11161088 the Office of Juvenile Affairs and shall not be disclosed or be open
11171089 to public inspection. The Office of Juvenile Affairs may release
11181090 aggregated data for programs or larger aggregate units, provided
11191091 that the aggregation mee ts disclosure requirements of the Oklahoma
11201092 Employment Security Commission;
11211093 27. The release of information to vendors that contract with
11221094 the State of Oklahoma for the purpose of providing a public
11231095 electronic labor exchange system that will support the Okla homa
11241096 Employment Security Commission ’s operation of an employment service
11251097 system to connect employers with job seekers and military veterans.
11261098 This labor exchange system would enhance the stability and security
11271099 of Oklahoma’s economy as well as support the p rovision of veterans’
11281100 priority of service. The vendors may perform computer programming
11291101 operations, perform computer maintenance or replacement operations,
11301102 or host the electronic solution; provided, each vendor agrees to
11311103 protect and safeguard all informat ion received, that no information
11321104 shall be disclosed to any third party, that the use of the
11331105 information shall be restricted to the scope of the contract, and
1106+that the vendor shall properly dispose of all information when no
1107+longer needed for the purposes set out in the contract; or
1108+28. The release of employer tax information and benefit claim
1109+information to employees of a county public defender ’s office in
1110+this state and the Oklahoma Indigent Defense System for the purpose
11341111
1135-SB924 HFLR Page 23
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1161-that the vendor shall properly dispose of all information when no
1162-longer needed for the purposes set out in the contract; or
1163-28. The release of employer tax information and benefit claim
1164-information to employees of a county public defender ’s office in
1165-this state and the Oklahoma Indigent Defense System for the purpose
11661137 of determining financial eligibi lity for the services provided by
11671138 such entities.
11681139 D. Subpoenas to compel disclosure of information made
11691140 confidential by this statute shall not be valid, except for
11701141 administrative subpoenas issued by federal, state, or local
11711142 governmental agencies that have been granted subpoena power by
11721143 statute or ordinance. Confidential information maintained by the
11731144 Commission can be obtained by order of a court of record that
11741145 authorizes the release of the records in writing. All
11751146 administrative subpoenas or court orders f or production of documents
11761147 must provide a minimum of twenty (20) days from the date it is
11771148 served for the Commission to produce the documents. If the date on
11781149 which production of the documents is required is less than twenty
11791150 (20) days from the date of servi ce, the subpoena or order shall be
11801151 considered void on its face as an undue burden or hardship on the
11811152 Commission. All administrative subpoenas, court orders or notarized
11821153 waivers of confidentiality authorized by paragraph 2 of subsection C
11831154 of this section shall be presented with a request for records within
1155+ninety (90) days of the date the document is issued or signed, and
1156+the document can only be used one time to obtain records.
1157+E. Should any of the disclosures provided for in this section
1158+require more than casual or incidental staff time, the Commission
1159+shall charge the cost of the staff time to the party requesting the
1160+information.
11841161
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1211-ninety (90) days of the date the document is issued or signed, and
1212-the document can only be used on e time to obtain records.
1213-E. Should any of the disclosures provided for in this section
1214-require more than casual or incidental staff time, the Commission
1215-shall charge the cost of the staff time to the party requesting the
1216-information.
12171187 F. It is further provided that the provisions of this section
12181188 shall be strictly interpreted and shall not be construed as
12191189 permitting the disclosure of any other information contained in the
12201190 records and files of the Commission.
12211191 SECTION 5. This act shall become effective November 1, 2025.
1192+Passed the Senate the 24th day of March, 2025.
12221193
1223-COMMITTEE REPORT BY: OVERSIGHT COMMITTEE ON COMMER CE AND ECONOMIC
1224-DEVELOPMENT, dated - 04/17/2025 – DO PASS.
1194+
1195+
1196+ Presiding Officer of th e Senate
1197+
1198+
1199+Passed the House of Representatives the ____ day of __________,
1200+2025.
1201+
1202+
1203+
1204+ Presiding Officer of the House
1205+ of Representatives
1206+