1|ENGROSSED HOUSE AMENDMENT |
| TO |
2|ENGROSSED SENATE BILL NO. 1800 By: Leewright of the Senate |
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3| and |
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4| McDugle of the House |
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5| |
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6| |
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7| An Act relating to the Employment Security Act of |
| 1980; amending 40 O.S. 2021, Section 1-201, which |
8| relates to definitions; defining terms; amending 40 |
| O.S. 2021, Section 1-202.1, which relates to extended |
9| base period; removing definition; amending 40 O.S. |
| 2021, Section 1-209, which relates to employing unit; |
10| removing definition; amending 40 O.S. 2021, Section |
| 1-209.1, which relates to lessor employing unit; |
11| removing definitions; updating statutory reference; |
| amending 40 O.S. 2021, Section 1-209.2, which relates |
12| to professional employer organization; removing |
| definitions; amending 40 O.S. 2021, Section 1-217, |
13| which relates to unemployed individuals; removing |
| definition; providing conditions of unemployment; |
14| specifying conditions for filing during a continued |
| claim series; providing for investigating even when |
15| individual satisfies threshold requirements; making |
| language gender neutral; amending 40 O.S. 2021, |
16| Section 1-223, which relates to taxable wages; |
| removing definition; updating statutory language; |
17| amending 40 O.S. 2021, Section 1-224, which relates |
| to filing; removing definitions related to |
18| telefaxing; modifying requirements for mailing; |
| updating definitions to include digital filing |
19| through the Oklahoma Employment Security Commission's |
| portal; amending 40 O.S. 2021, Section 1-225, which |
20| relates to supplemental unemployment benefit plan; |
| removing definition; amending 40 O.S 2021, Section |
21| 1-228, which relates to limited liability companies; |
| removing definition; specifying methods of notice by |
22| the Commission; providing Commission's preferred |
| method; allowing for opt-out of delivery; amending 40 |
23| O.S. 2021, Section 2-203, which relates to claims; |
| removing provision for Commission to inform claimants |
24| filing for unemployment benefits and require |
| certification statement during process; amending 40 |
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1| O.S. 2021, Section 2-503, which relates to claims, |
| notices, and objections; providing for electronic |
2| notice; allowing for opt-out of certain method; |
| removing provisions for notice by mail; amending 40 |
3| O.S. 2021, Section 2-503.1, which relates to filing |
| of employer protest; removing optional use of portal; |
4| allowing for opt-out of certain method; updating |
| statutory language; amending 40 O.S. 2021, Section |
5| 2-605, which relates to notice of decision; providing |
| for notice by electronic means; allowing for opt-out |
6| of certain method; removing criteria for mail notice; |
| amending 40 O.S. 2021, Section 2-606, which relates |
7| to appeals; removing provision for notice by mail; |
| amending 40 O.S. 2021, Section 3-106, which relates |
8| to benefit wages charged; removing conditions for |
| mail and electronic notice; adding reference for |
9| filings and hearings by the Assessment Board; |
| removing provision for written protest; updating |
10| statutory language; amending 40 O.S. 2021, Section |
| 3-115, which relates to appeal of determination; |
11| updating statutory language; providing standard of |
| review; amending 40 O.S. 2021, Section 3-307, which |
12| relates to remittances; providing for Commission to |
| promulgate rules for payment of unemployment taxes; |
13| amending 40 O.S. 2021, Section 4-205, which relates |
| to temporary members; providing for appointment of an |
14| additional temporary member by the Governor in the |
| event of disqualification of a member of the Board of |
15| Review; updating statutory language; amending 40 O.S. |
| 2021, Section 4-508, which relates to information to |
16| be kept confidential; updating statutory language; |
| permitting disclosure of information to additional |
17| agencies by Commission; repealing 40 O.S. 2021, |
| Sections 1-202, 1-202.2, 1-203, 1-204, 1-205, 1-206, |
18| 1-207, 1-211, 1-212, 1-213, 1-215, 1-216, 1-219, |
| 1-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-711, |
19| 2-713, and 3-118, which relate to the Employment |
| Security Act of 1980; providing for codification; and |
20| providing an effective date. |
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21| |
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22| |
|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
23| and insert: |
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24| "An Act relating to the Employment Security Act of |
| 1980; amending 40 O.S. 2021, Section 1-201, which |
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1| relates to definitions; adding definitions; amending |
| 40 O.S. 1-202.1, which relates to extended base |
2| period; removing definition; amending 40 O.S. 2021, |
| Section 1-209, which relates to employing unit; |
3| removing definition; amending 40 O.S. 2021, Section |
| 1-209.1, which relates to lessor employing unit; |
4| removing definitions; updating statutory reference; |
| amending 40 O.S. 2021, Section 1-209.2, which |
5| relates to professional employer organization; |
| removing definitions; amending 40 O.S. 2021, Section |
6| 1-217, which relates to unemployed individuals; |
| removing definition; providing further conditions of |
7| unemployment; specifying conditions for filing |
| during a continued claim series; providing for |
8| investigating even when individual satisfies |
| threshold requirements; making language gender |
9| neutral; amending 40 O.S. 2021, Section 1-223, which |
| relates to taxable wages; removing definition; |
10| amending 40 O.S. 2021, Section 1-224, which relates |
| to filing; removing definitions related to |
11| telefaxing; updating definitions to include digital |
| filing through the Oklahoma Employment Security |
12| Commission's portal; amending 40 O.S. 2021, Section |
| 1-225, which relates to supplemental unemployment |
13| benefit plan; removing definition; amending 40 O.S |
| 2021, Section 1-228, which relates to limited |
14| liability companies; removing definition; specifying |
| methods of notice by the Commission; providing |
15| Commission's preferred method; allowing for option |
| of use; amending 40 O.S. 2021, Section 2-203, which |
16| relates to claims; removing provision for Commission |
| to inform claimants filing for unemployment benefits |
17| and require certification statement during process; |
| amending 40 O.S. 2021, Section 2-205.1, which |
18| relates to ability to work; removing specification |
| for seeking or accepting employment; making language |
19| gender neutral; amending 40 O.S. 2021, Section |
| 2-503, which relates to claims, notices, and |
20| objections; allowing for electronic notice; allowing |
| for option of use; removing provisions for notice by |
21| mail; amending 40 O.S. 2021, Section 2-503.1, which |
| relates to filing of employer protest; removing |
22| optional use of portal; amending 40 O.S. 2021, |
| Section 2-605, which relates to notice of decision; |
23| providing for notice by electronic means; allowing |
| for option of use; removing criteria for mail |
24| notice; amending 40 O.S. 2021, Section 2-606, which |
| relates to appeals; removing condition for notice by |
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1| mail; amending 40 O.S. 2021, Section 3-106, which |
| relates to benefit wages charged; removing |
2| conditions for method of mail notice; adding |
| reference for filings and hearings by the Assessment |
3| Board; removing provision for written protest; |
| amending 40 O.S. 2021, Section 3-115, which relates |
4| to appeal of determination; updating statutory |
| language; amending 40 O.S. 2021, Section 3-307, |
5| which relates to remittances; providing for |
| Commission to promulgate rules for payment of |
6| unemployment taxes; amending 40 O.S. 2021, Section |
| 4-205, which relates to temporary members; providing |
7| for appointment of an additional temporary member by |
| the Governor in the event of disqualification of a |
8| member of the Board of Review; amending 40 O.S. |
| 2021, Section 4-508, which relates to information to |
9| be kept confidential; updating statutory language; |
| permitting disclosure of information for additional |
10| agencies by Commission; repealing 40 O.S. 2021, |
| Sections 1-202, 1-202.2, 1-203, 1-204, 1-205, 1-206, |
11| 1-207, 1-211, 1-212, 1-213, 1-215, 1-216, 1-219, |
| 1-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, 2-711, |
12| 2-713, and 3-118, which relate to the Employment |
| Security Act of 1980; providing for codification; |
13| and providing an effective date. |
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14| |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 40 O.S. 2021, Section 1-201, is |
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18|amended to read as follows: |
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19| Section 1-201. GENERAL DEFINITIONS. The words and phrases As |
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20|used in this act shall, unless the context clearly requires |
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21|otherwise, have the meanings prescribed in Part 2 of this Article |
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22|the Employment Security Act of 1980: |
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23| 1. "Additional initial claim" means a claim application which |
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24|reactivates a claim during an existing benefit year and certifies to |
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1|a period of employment which occurred subsequent to the date of the |
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2|filing of the last initial, additional, or reopened claim; |
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3| 2. "Alternative base period" means the most recent four (4) |
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4|completed calendar quarters immediately preceding the first day of |
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5|an individual's benefit year. In the event that an individual's |
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6|claim uses an alternative base period to meet the wage requirement |
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7|under Section 2-207 of this title, this "alternative base period" |
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8|shall be substituted for "base period" for all other purposes under |
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9|the Employment Security Act of 1980; |
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10| 3. "Assigned tax rate" means the tax rate assigned to an |
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11|employer pursuant to Section 3-110.1 of this title when the employer |
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12|does not have sufficient experience history to meet the At-Risk Rule |
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13|set out in paragraph 3 of Section 3-110.1 of this title; |
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14| 4. "Base period" means the first four (4) of the last five (5) |
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15|completed calendar quarters immediately preceding the first day of |
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16|an individual's benefit year; |
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17| 5. "Benefit year" with respect to any individual means the |
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18|one-year period beginning with the first day of the first week with |
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19|respect to which the individual first files a valid claim for |
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20|benefits and thereafter the one-year period beginning with the first |
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21|day of the first week with respect to which the individual next |
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22|files a valid claim for benefits after the termination of his or her |
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23|last preceding benefit year. Any claim for benefits shall be deemed |
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24|a valid claim for the purpose of this section if the individual has |
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1|been paid the wages for insured work required under the Employment |
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2|Security Act of 1980; |
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3| 6. "Benefit wages" means the taxable wages earned by a claimant |
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4|during the claimant's base period which are not in excess of the |
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5|current maximum weekly benefit amount, as determined under Section |
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6|2-104 of this title, multiplied by the maximum number of weeks for |
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7|which benefits could be paid to any individual (now twenty-six (26) |
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8|weeks) multiplied by three (3); provided, however, no wages shall be |
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9|included as "benefit wages" unless and until the claimant has been |
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10|paid benefits for five (5) weeks in one (1) benefit year; |
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11| 7. "Benefits" mean the money payments payable to an individual |
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12|as provided in the Employment Security Act of 1980 with respect to |
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13|his or her unemployment including extended benefits. The federal |
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14|share of such extended benefits shall not be construed as benefits |
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15|for the purposes of computing contribution rates under the |
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16|Employment Security Act of 1980; |
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17| 8. "Calendar quarter" means the period of three (3) consecutive |
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18|calendar months ending on March 31, June 30, September 30, or |
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19|December 31, or the equivalent thereof as the Commission may by |
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20|regulation prescribe; |
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21| 9. "Client" shall have the same meaning as provided in |
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22|paragraph 1 of Section 600.2 of this title; |
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23| 10. "Coemployer" shall have the same meaning as provided in |
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24|paragraph 2 of Section 600.2 of this title; |
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1| 11. "Coemployment relationship" shall have the same meaning as |
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2|provided in paragraph 3 of Section 600.2 of this title; |
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3| 12. "Commission" means the Oklahoma Employment Security |
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4|Commission; |
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5| 13. "Commissioner" means a member of the Commission; |
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6| 14. "Continued claim series" means an uninterrupted series of |
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7|weekly claims filed by a claimant during the benefit year; |
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8| 15. "Contributions" mean the money payments including taxes and |
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9|reimbursements, required by the Employment Security Act of 1980 to |
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10|be paid into the Unemployment Compensation Fund by an employer; |
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11| 16. "Covered employee" shall have the same meaning as provided |
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12|in paragraph 5 of Section 600.2 of this title; |
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13| 17. "Digital portal filing" means electronic communication |
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14|through the agency digital portal; |
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15| 18. "Earned tax rate" means the tax rate calculated for an |
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16|employer with sufficient experience history to meet the At-Risk Rule |
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17|set out in paragraph 3 of Section 3-110.1 of this title, with the |
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18|tax rate calculated pursuant to the provisions of Section 3-101 et |
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19|seq. of this title; |
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20| 19. "Electronic e-filing" means filing by email or fax to |
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21|email; |
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22| 20. "Eligibility period" of an individual for extended benefits |
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23|means the period consisting of the weeks in his or her benefit year |
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24|as defined by the Employment Security Act of 1980, which begin in an |
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1|extended benefit period and, if his or her benefit year ends within |
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2|such extended benefit period, any weeks thereafter which begin in |
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3|such extended benefit period; |
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4| 21. "Employer" shall have the same meaning as provided in |
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5|Section 1-208 of this title; |
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6| 22. "Employing unit" means any individual or type of |
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7|organization including any partnership, association, trust, estate, |
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8|joint stock company, insurance company, limited liability company or |
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9|corporation, whether domestic or foreign, or the receiver, trustee |
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10|in bankruptcy, trustee or successor thereof, or the legal |
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11|representative of a deceased person, which has or subsequent to |
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12|January 1, 1936, had in its employ one or more individuals |
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13|performing services for it within this state; |
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14| 23. "Employment" shall have the same meaning as provided in |
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15|Section 1-210 of this title; |
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16| 24. "Employment office" means a free public employment office |
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17|or branch thereof operated by this or any other state as a part of a |
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18|state-controlled system of public employment offices or by a federal |
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19|agency charged with the administration of an unemployment |
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20|compensation program or free public employment offices; |
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21| 25. "Employment Security Administration Fund" means the fund |
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22|established in Section 4-602 of this title from which administration |
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23|expenses under the Employment Security Act of 1980 shall be paid; |
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24| |
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1| 26. "Exhaustee" shall have the same meaning as provided in |
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2|Section 2-712 of this title; |
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3| 27. "Experience period" means the most recent twelve (12) |
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4|consecutive completed calendar quarters occurring before July 1 of |
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5|the year immediately preceding the year for which the employer's |
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6|contribution rate is being calculated; |
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7| 28. "Extended base period" means the four (4) quarters prior to |
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8|the claimant's base period. These four (4) quarters may be |
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9|substituted for base period quarters on a quarter-by-quarter basis |
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10|to establish a valid claim regardless of whether the wages have been |
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11|used to establish a prior claim, except any wages earned that would |
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12|render the Commission out of compliance with applicable federal law |
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13|shall be excluded if used in a prior claim; |
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14| 29. "Extended benefit period" shall have the same meaning as |
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15|provided in Section 2-703 of this title; |
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16| 30. "File", "files", or "filed" shall have the same meaning as |
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17|provided in Section 1-224 of this title; |
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18| 31. "Mail", "mails", "mailed", or "mailing" means communication |
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19|sent by a postal service with sufficient postage; |
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20| 32. "Foreign limited liability company" shall be defined by the |
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21|provisions of the Oklahoma Limited Liability Company Act; |
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22| 33. "Fund" means the Unemployment Compensation Fund established |
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23|in Section 3-601 of this title; |
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24| |
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1| 34. "Hospital" means any hospital required to be licensed under |
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2|the Oklahoma Public Health Code, Sections 1-101 et seq. of Title 63 |
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3|of the Oklahoma Statutes, and includes state mental hospitals and |
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4|any other mental hospital or institution; |
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5| 35. "Initial claim" means a new claim application submitted by |
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6|a claimant to establish a benefit year for unemployment insurance |
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7|benefits; |
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8| 36. "Institution of higher education" shall have the same |
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9|meaning as provided in Section 1-214 of this title; |
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10| 37. "Insured work" means employment for employers as defined by |
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11|the Employment Security Act of 1980; |
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12| 38. "Lessor employing unit" means any independently established |
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13|business entity which engages in the business of providing leased |
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14|employees to any other employer, individual, organization, |
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15|partnership, corporation, or other legal entity, referred to herein |
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16|as a client lessee; |
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17| 39. "Limited liability company" shall be defined by the |
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18|provisions of the Oklahoma Limited Liability Company Act; |
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19| 40. "Probationary period" means a period of time set forth in |
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20|an established probationary plan, which applies to all employees or |
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21|a specific group of employees, and does not exceed ninety (90) |
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22|calendar days from the first day a new employee begins work; |
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23| 41. "Professional Employer Organization" or "PEO" means an |
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24|organization that is subject to the Oklahoma Professional Employer |
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1|Organization Recognition and Registration Act and which meets the |
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2|definition set out in paragraph 9 of Section 600.2 of this title; |
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3| 42. "Rate of insured employment" shall have the same meaning as |
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4|provided in Section 2-708 of this title; |
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5| 43. "Regular benefits" means benefits payable to an individual |
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6|under the Employment Security Act of 1980, or under any other state |
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7|law including dependents' allowances and benefits payable to federal |
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8|civilian employees; |
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9| 44. "Reopened claim" means a claim application which |
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10|reactivates a claim during an existing benefit year when a claimant |
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11|stopped filing for benefits before his or her claim was exhausted, |
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12|but in which there occurred no intervening employment from the date |
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13|of the filing of the last initial, additional, or reopened claim; |
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14| 45. "State" includes, in addition to the states of the United |
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15|States of America, the District of Columbia, the Commonwealth of |
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16|Puerto Rico and the Virgin Islands; |
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17| 46. "State law" means the unemployment insurance law of any |
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18|state, approved by the Secretary of Labor of the United States under |
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19|Section 3304 of the Internal Revenue Code of 1954; |
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20| 47. "Supplemental unemployment benefit plan" means a plan that |
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21|provides for an employer to make payments to its employees during a |
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22|permanent or temporary layoff that will supplement unemployment |
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23|benefits received by the employees. The purpose of a supplemental |
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24|unemployment benefit plan is to allow an employer to sustain the |
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1|purchasing power of its employees or former employees during a |
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2|layoff; |
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3| 48. "Taxable wages" means the wages paid to an individual with |
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4|respect to employment during a calendar year for services covered by |
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5|the Employment Security Act of 1980 or other state unemployment |
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6|compensation acts which shall equal the applicable percentage of the |
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7|state's average annual wage for the second preceding calendar year |
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8|as determined by the Commission, rounded to the nearest multiple of |
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9|One Hundred Dollars ($100.00); |
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10| 49. "Wages" shall have the same meaning as provided in Section |
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11|1-218 of this title; |
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12| 50. "Wages paid" means wages actually paid to the worker; |
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13|provided, however, that in the event of any distribution of an |
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14|employer's assets through insolvency, receivership, composition, |
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15|assignment for the benefit of creditors, or termination of business, |
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16|wages earned but not actually paid shall be considered as paid; and |
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17| 51. "Week" means such period of seven (7) consecutive days, as |
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18|the Commission may by regulation prescribe. |
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19| SECTION 2. AMENDATORY 40 O.S. 2021, Section 1-202.1, is |
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20|amended to read as follows: |
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21| Section 1-202.1 EXTENDED BASE PERIOD. |
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22| If an individual lacks sufficient base period wages because of a |
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23|job-related injury for which the individual received total temporary |
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24|disability payments awarded by the Workers' Compensation Court, upon |
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1|written application by the claimant, an extended base period will be |
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2|substituted for the current base period on a quarter-by-quarter |
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3|basis as needed to establish a valid claim. "Extended base period" |
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4|means the four quarters prior to the claimant's base period. These |
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5|four quarters may be substituted for base period quarters on a |
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6|quarter-by-quarter basis to establish a valid claim regardless of |
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7|whether the wages have been used to establish a prior claim, except |
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8|any wages earned that would render the Commission out of compliance |
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9|with applicable federal law will be excluded if used in a prior |
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10|claim. Benefits paid on the basis of an extended base period, which |
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11|would not otherwise be payable, shall be noncharged. |
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12| SECTION 3. AMENDATORY 40 O.S. 2021, Section 1-209, is |
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13|amended to read as follows: |
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14| Section 1-209. EMPLOYING UNIT. |
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15| "Employing unit" means any individual or type of organization, |
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16|including any partnership, association, trust, estate, joint stock |
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17|company, insurance company, limited liability company or |
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18|corporation, whether domestic or foreign, or the receiver, trustee |
| |
19|in bankruptcy, trustee or successor thereof, or the legal |
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20|representative of a deceased person, which has or subsequent to |
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21|January 1, 1936, had in its employ one or more individuals |
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22|performing services for it within this state. |
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23| All individuals performing services within this state for any |
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24|employing unit which maintains two or more separate establishments |
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1|within this state shall be deemed to be employed by a single |
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2|employing unit for all the purposes of the Employment Security Act |
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3|of 1980, except as provided under paragraphs 10 and 11 of Section |
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4|1-208 of this title. |
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5| Whenever any employing unit contracts with or has under it any |
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6|contractor or subcontractor for any employment, which is part of its |
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7|usual trade, occupation, profession, or business, unless the |
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8|employing unit as well as each such contractor or subcontractor is |
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9|an employer by reason of Section 1-208 or Section 3-203 of this |
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10|title, the employing unit shall for all the purposes of the |
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11|Employment Security Act of 1980 be deemed to employ each individual |
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12|in the employ of each such contractor or subcontractor for each day |
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13|during which such individual is engaged in performing such |
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14|employment; except that each such contractor or subcontractor who is |
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15|an employer by reason of Section 1-208 or Section 3-203 of this |
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16|title shall alone be liable for the contributions measured by wages |
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17|paid to individuals employed by the contractor or subcontractor, and |
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18|except that any employing unit which shall become liable for and pay |
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19|contributions with respect to individuals in the employ of any such |
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20|contractor or subcontractor who is not an employer by reason of |
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21|Section 1-208 or Section 3-203 of this title may recover the same |
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22|from such contractor or subcontractor. |
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23| Each individual employed to perform or to assist in performing |
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24|the work of any agent or employee of an employing unit shall be |
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1|deemed to be employed by such employing unit for all the purposes of |
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2|the Employment Security Act of 1980, whether such individual was |
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3|hired or paid directly by such employing unit or by such agent or |
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4|employee of an employing unit, provided the employing unit had |
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5|actual or constructive knowledge of the employment. |
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6| SECTION 4. AMENDATORY 40 O.S. 2021, Section 1-209.1, is |
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7|amended to read as follows: |
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8| Section 1-209.1 LESSOR EMPLOYING UNIT. A. "Lessor employing |
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9|unit" means any independently established business entity which |
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10|engages in the business of providing leased employees to any other |
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11|employer, individual, organization, partnership, corporation or |
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12|other legal entity, referred to herein as a client lessee. |
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13| B. Any employer or any individual, organization, partnership, |
| |
14|corporation or other legal entity which meets the definition of |
| |
15|lessor employing unit shall be liable for contribution on wages paid |
| |
16|by the lessor employing unit to individuals performing services for |
| |
17|client lessees of the lessor employing unit. |
| |
18| C. B. Unless the lessor employing unit has timely complied with |
| |
19|the provisions of this section, any employer, individual, |
| |
20|organization, partnership, corporation or other legal entity leasing |
| |
21|employees from any lessor employing unit shall be jointly and |
| |
22|severally liable for any unpaid contributions, interest, penalties |
| |
23|and fees due under this section from any lessor employing unit |
| |
24| |
| |
Page 15
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1|attributable to wages for services performed for the client lessee |
| |
2|entity by the employees leased to the client lessee entity. |
| |
3| D. C. In order to relieve client lessees from joint and several |
| |
4|liability imposed under this section, any lessor employing unit as |
| |
5|defined herein may post and maintain a surety bond issued by a |
| |
6|corporate surety authorized to do business in this state in an |
| |
7|amount equivalent to the contributions for which the lessor |
| |
8|employing unit was liable in the last calendar year in which it |
| |
9|accrued contributions, or One Hundred Thousand Dollars |
| |
10|($100,000.00), whichever amount is the greater, to ensure prompt |
| |
11|payment of contributions, interest, penalties and fees for which the |
| |
12|lessor employing unit may be or may become liable under this |
| |
13|section. |
| |
14| E. D. Any lessor employing unit as defined herein which is |
| |
15|currently engaged in the business of leasing employees to client |
| |
16|lessees shall comply with the provisions of this section by January |
| |
17|1, 1991. |
| |
18| F. E. Any lessor employing unit not engaged in the business of |
| |
19|leasing employees to client lessees on or before the effective date |
| |
20|of this act May 31, 1990, shall comply with the requirements herein |
| |
21|before entering into lease agreements with client lessees. |
| |
22| SECTION 5. AMENDATORY 40 O.S. 2021, Section 1-209.2, is |
| |
23|amended to read as follows: |
| |
24| |
| |
Page 16
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1| Section 1-209.2 A. 1. A "Professional Employer Organization" |
| |
2|or "PEO" is an organization that is subject to the Oklahoma |
| |
3|Professional Employer Organization Recognition and Registration Act |
| |
4|and which meets the definition set out in paragraph 9 of Section |
| |
5|600.2 of Title 40 of the Oklahoma Statutes. |
| |
6| 2. "Client" shall have the same meaning as provided by |
| |
7|paragraph 1 of Section 600.2 of Title 40 of the Oklahoma Statutes. |
| |
8| 3. "Coemployer" shall have the same meaning as provided by |
| |
9|paragraph 2 of Section 600.2 of Title 40 of the Oklahoma Statutes. |
| |
10| 4. "Coemployment relationship" shall have the same meaning as |
| |
11|provided by paragraph 3 of Section 600.2 of Title 40 of the Oklahoma |
| |
12|Statutes. |
| |
13| 5. "Covered employee" shall have the same meaning as provided |
| |
14|by paragraph 5 of Section 600.2 of Title 40 of the Oklahoma |
| |
15|Statutes. |
| |
16| B. For purposes of the Employment Security Act of 1980, the PEO |
| |
17|and its client shall be considered coemployers of the covered |
| |
18|employees that are under the direction and control of the client. |
| |
19| C. B. If a PEO fails to become or remain registered under the |
| |
20|Oklahoma Professional Employer Organization Recognition and |
| |
21|Registration Act, the entity shall be considered a third-party |
| |
22|administrator of the client account. As a third-party |
| |
23|administrator, a power of attorney will be required to obtain |
| |
24|information from the client's account. |
| |
Page 17
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1| SECTION 6. AMENDATORY 40 O.S. 2021, Section 1-217, is |
| |
2|amended to read as follows: |
| |
3| Section 1-217. UNEMPLOYED. An individual shall be deemed |
| |
4|"unemployed" with respect to any week during which he performed no |
| |
5|services and with respect to which no wages are payable to him, or |
| |
6|with respect to any week of less than full-time work if the wages |
| |
7|payable to him with respect to such week are less than his weekly |
| |
8|benefit amount plus One Hundred Dollars ($100.00); provided that for |
| |
9| A. An individual shall be deemed unemployed with respect to any |
| |
10|week during which: |
| |
11| 1. The individual performed no services; and |
| |
12| 2. No wages are payable to the individual. |
| |
13| B. For an initial or additional initial claim filing, an |
| |
14|individual shall be deemed unemployed: |
| |
15| 1. With respect to any week of less than full-time work, if the |
| |
16|wages payable to the individual are less than his or her weekly |
| |
17|benefit amount plus One Hundred Dollars ($100.00); and |
| |
18| 2. If the individual has incurred a loss of wages or reductions |
| |
19|in hours equal to or greater than fifteen percent (15%) of the |
| |
20|income or hours worked, based on his or her customary work |
| |
21|experience or contract of hire. |
| |
22| C. For filing made during a continued claim series, an |
| |
23|individual shall be deemed unemployed with respect to any week of |
| |
24|less than full-time work if the wages payable to the individual are |
| |
Page 18
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1|less than his or her weekly benefit amount plus One Hundred Dollars |
| |
2|($100.00). |
| |
3| D. For the purpose of this section only, any vacation leave |
| |
4|payments or sick leave payments, which such individual may receive |
| |
5|or be entitled to from his or her employer or former employer, |
| |
6|arising by reason of separation from employment, shall be deemed not |
| |
7|to be wages as the term wages is used in this section. |
| |
8| E. A finding that an individual has satisfied the hour and wage |
| |
9|threshold as defined in this section shall not preclude a potential |
| |
10|investigation or disqualification for benefits as provided in |
| |
11|Section 2-101 et seq. of this title if the employer files a timely |
| |
12|protest to the initial or additional initial claim. |
| |
13| SECTION 7. AMENDATORY 40 O.S. 2021, Section 1-223, is |
| |
14|amended to read as follows: |
| |
15| Section 1-223. TAXABLE WAGES CONDITIONAL FACTORS AND |
| |
16|PERCENTAGES. |
| |
17| "Taxable wages" means the wages paid to an individual with |
| |
18|respect to employment during a calendar year for services covered by |
| |
19|the Employment Security Act of 1980 or other state unemployment |
| |
20|compensation acts which shall equal the applicable percentage of the |
| |
21|state's average annual wage for the second preceding calendar year |
| |
22|as determined by the Commission, rounded to the nearest multiple of |
| |
23|One Hundred Dollars ($100.00). The applicable percentage of the |
| |
24|state's average annual wage is determined by the conditional factor |
| |
Page 19
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1|in place during the calendar year for which the taxable wage is |
| |
2|being calculated. The conditional factor is determined pursuant to |
| |
3|the provisions of Section 3-113 of this title. The applicable |
| |
4|percentages are as follows: |
| |
5| 1. Forty percent (40%) during any calendar year in which the |
| |
6|balance in the Unemployment Compensation Fund is in excess of the |
| |
7|amount required to initiate conditional contribution rates, pursuant |
| |
8|to the provisions of Section 3-113 of this title; |
| |
9| 2. Forty-two and one-half percent (42.5%) during calendar years |
| |
10|in which condition "a" exists; |
| |
11| 3. Forty-five percent (45%) during calendar years in which |
| |
12|condition "b" exists; |
| |
13| 4. Forty-seven and one-half percent (47.5%) during calendar |
| |
14|years in which condition "c" exists; and |
| |
15| 5. Fifty percent (50%) during calendar years in which condition |
| |
16|"d" exists. |
| |
17| SECTION 8. AMENDATORY 40 O.S. 2021, Section 1-224, is |
| |
18|amended to read as follows: |
| |
19| Section 1-224. FILE. |
| |
20| A. For purposes of this section, "OESC 2020-21 business process |
| |
21|transformation" means a change from paper process to integrated |
| |
22|digital technology. Upon completion of the OESC 2020-21 business |
| |
23|process transformation, electronic e-filing will be the Commission's |
| |
24|preferred filing method for tendering and receiving documents. All |
| |
Page 20
___________________________________________________________________________
1|claimants and employers tendering documents to the Commission will |
| |
2|be expected to tender the documents electronically. If the claimant |
| |
3|or employer has elected to utilize other means of transmittal, it |
| |
4|will be the responsibility of the claimant or employer to notify the |
| |
5|Commission of this preference. |
| |
6| B. When any document is required to be filed by the provisions |
| |
7|of the Employment Security Act of 1980 or the rules promulgated |
| |
8|under the authority of the Employment Security Act of 1980 with the |
| |
9|Oklahoma Employment Security Commission, any of its representatives, |
| |
10|or the Board of Review for the Oklahoma Employment Security |
| |
11|Commission the provisions of the Employment Security Act of 1980 or |
| |
12|the rules promulgated under the authority of the act require any |
| |
13|document to be filed with the Oklahoma Employment Security |
| |
14|Commission or its affiliate entities, the term "file", "files", or |
| |
15|"filed" shall be defined as follows mean: |
| |
16| 1. Hand-delivered Hand-delivery to the central administrative |
| |
17|office of the Oklahoma Employment Security Commission by the close |
| |
18|of business on or before the date due; |
| |
19| 2. Telefaxed to the telefax number indicated on the |
| |
20|determination letter, order or other document issued by the Oklahoma |
| |
21|Employment Security Commission by midnight on or before the date |
| |
22|due. Timely telefaxing shall be determined by the date and time |
| |
23|recorded by the Commission's telefax equipment; |
| |
24| |
| |
Page 21
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1| 3. Mailed with sufficient postage and properly addressed to the |
| |
2|address indicated on the determination letter, order or other |
| |
3|document issued Mailing by means calculated to ensure receipt by the |
| |
4|Oklahoma Employment Security Commission on or before the date due. |
| |
5|Timely mailing shall be determined by the United States Postal |
| |
6|Service postmark. If there is no proof from the post office of the |
| |
7|date of mailing such legible postmark, the date of receipt by the |
| |
8|Commission shall constitute the date of filing; or |
| |
9| 4. 3. Electronic e-filing to the Oklahoma Employment Security |
| |
10|Commission, as directed by the instructions on the determination |
| |
11|letter, order or other document issued by the Commission, by |
| |
12|midnight on or before the date due. Timely transmission shall be |
| |
13|determined by the Commission's transmission log file; or |
| |
14| 4. Digital portal filing by midnight on or before the date due. |
| |
15| Timely transmission shall be determined by the Commission's |
| |
16|transmission log file. |
| |
17| C. If the Employment Security Act of 1980 or the rules |
| |
18|promulgated under the Employment Security Act of 1980 require that a |
| |
19|document be filed with a court or any other agency of this state, |
| |
20|the term "file", "files" or "filed" shall be defined by the |
| |
21|statutes, rules or practice governing that court or agency. |
| |
22| SECTION 9. AMENDATORY 40 O.S. 2021, Section 1-225, is |
| |
23|amended to read as follows: |
| |
24| Section 1-225. SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN. |
| |
Page 22
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1| A. "Supplemental unemployment benefit plan" means a plan that |
| |
2|provides for an employer to make payments to its employees during a |
| |
3|permanent or temporary layoff that will supplement unemployment |
| |
4|benefits received by the employees. The purpose of a supplemental |
| |
5|unemployment benefit plan is to allow an employer to sustain the |
| |
6|purchasing power of its employees or former employees during a |
| |
7|layoff. |
| |
8| B. A supplemental unemployment benefit plan for a temporary |
| |
9|layoff must meet the following requirements: |
| |
10| 1. The plan shall provide for a payment from the employer to |
| |
11|the employee each week during the temporary layoff to supplement |
| |
12|unemployment benefits received by the employee; |
| |
13| 2. The plan must be part of an agreement entered into between |
| |
14|the employer and employee, or between the employer and a collective |
| |
15|bargaining agent on behalf of the employee, before the date the |
| |
16|layoff is effective; |
| |
17| 3. The employer must be able to give a reasonable assurance |
| |
18|that the separated employees will be able to return to work at the |
| |
19|end of the temporary layoff; |
| |
20| 4. The employer must inform the Commission of the beginning and |
| |
21|ending dates of the layoff and keep the Commission informed of any |
| |
22|changes in circumstances while any claims for unemployment benefits |
| |
23|are in existence; and |
| |
24| |
| |
Page 23
___________________________________________________________________________
1| 5. The plan must provide for equal treatment of all employees |
| |
2|covered by the plan who are included in the layoff. |
| |
3|The requirements of Sections 2-417 and 2-418 of this title shall be |
| |
4|waived for any claimant of unemployment benefits who is receiving |
| |
5|supplemental benefits under this subsection. |
| |
6| C. B. A supplemental unemployment benefit plan for a permanent |
| |
7|layoff must meet the following requirements: |
| |
8| 1. The plan shall provide for a payment from the employer to |
| |
9|the former employee during each week unemployment benefits are paid |
| |
10|to the former employee, in order to supplement the unemployment |
| |
11|benefits received by the former employee; |
| |
12| 2. The plan must be part of an agreement entered into between |
| |
13|the employer and former employee, or between the employer and a |
| |
14|collective bargaining agent on behalf of the former employee, before |
| |
15|the date the layoff is effective; and |
| |
16| 3. The plan must provide for equal treatment of all former |
| |
17|employees covered by the plan who are included in the layoff. |
| |
18| The requirements of Sections 2-417 and 2-418 of this title shall |
| |
19|be applicable to any claimant of unemployment benefits who is |
| |
20|receiving supplemental benefits under this subsection. |
| |
21| D. C. The amount of supplemental unemployment benefit plan |
| |
22|payments will not be deducted from the weekly benefit amount of an |
| |
23|unemployment benefit claim. |
| |
24| |
| |
Page 24
___________________________________________________________________________
1| E. D. All supplemental unemployment benefit plans must be |
| |
2|approved by the Director of the Unemployment Insurance Division of |
| |
3|the Oklahoma Employment Security Commission. The Director's |
| |
4|determination will be in writing and mailed to the employer and the |
| |
5|collective bargaining agent of the employees, if any exists, at |
| |
6|their last-known addresses, within twenty (20) days of the receipt |
| |
7|of the employer's plan. If an employer or collective bargaining |
| |
8|agent disagrees with the determination, an appeal can be taken |
| |
9|pursuant to Section 3-115 of this title. |
| |
10| SECTION 10. AMENDATORY 40 O.S. 2021, Section 1-228, is |
| |
11|amended to read as follows: |
| |
12| Section 1-228. LIMITED LIABILITY COMPANIES. |
| |
13| A. For purposes of the Employment Security Act of 1980, a |
| |
14|"limited liability company" and a "foreign limited liability |
| |
15|company" shall be defined by the provisions of the Oklahoma Limited |
| |
16|Liability Company Act. |
| |
17| B. For unemployment tax purposes, wages, salaries, or draws |
| |
18|paid to limited liability company members, relatives of the members, |
| |
19|and employees shall be taxed in the same manner as required by the |
| |
20|Federal Unemployment Tax Act, Title 26 U.S.C., Chapter 23, and the |
| |
21|Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99. |
| |
22| SECTION 11. NEW LAW A new section of law to be codified |
| |
23|in the Oklahoma Statutes as Section 1-230 of Title 40, unless there |
| |
24|is created a duplication in numbering, reads as follows: |
| |
Page 25
___________________________________________________________________________
1| NOTICE GIVEN. |
| |
2| A. Notice shall be deemed given when the Oklahoma Employment |
| |
3|Security Commission notifies by one of the following means: |
| |
4| 1. Mail; |
| |
5| 2. Email or fax to email; or |
| |
6| 3. Upload to the agency digital portal. |
| |
7| There is a rebuttable presumption that notice has been given on |
| |
8|the date stated in the communication. |
| |
9| B. The Commission's preferred method of notification shall be |
| |
10|electronic delivery through the agency digital portal or email. If |
| |
11|claimants or employers wish to opt into delivery by the agency |
| |
12|digital portal or email, they may notify the Commission by one of |
| |
13|the methods listed in subsection A of this section. |
| |
14| SECTION 12. AMENDATORY 40 O.S. 2021, Section 2-203, is |
| |
15|amended to read as follows: |
| |
16| Section 2-203. CLAIM. |
| |
17| A. An unemployed individual must file an initial claim for |
| |
18|unemployment benefits by completing the required forms through the |
| |
19|Internet Claims service provided by the Commission, or by completing |
| |
20|all forms necessary to process an initial claim in a local office of |
| |
21|the Commission or any alternate site designated by the Commission to |
| |
22|take unemployment benefit claims. The Commission may obtain |
| |
23|additional information regarding an individual's claim through any |
| |
24|form of telecommunication, writing, or interview. An unemployed |
| |
Page 26
___________________________________________________________________________
1|individual must file a claim by telecommunication or by Internet |
| |
2|utilizing the digital services portal to create an account to access |
| |
3|benefits with respect to each week in accordance with such rule as |
| |
4|the Commission may prescribe. |
| |
5| B. 1. During the process of filing an initial claim for |
| |
6|unemployment benefits, the claimant shall be made aware of the |
| |
7|definition of misconduct set out in Section 2-406 of this title, and |
| |
8|the claimant shall affirmatively certify that the answers given to |
| |
9|all questions in the initial claim process are true and correct to |
| |
10|the best of the claimant's knowledge and that no information has |
| |
11|been intentionally withheld or misrepresented in an attempt by the |
| |
12|claimant to receive benefits to which the claimant is not entitled. |
| |
13| 2. The certification statement required in paragraph 1 of this |
| |
14|subsection shall be available through the Internet Claims service |
| |
15|provided by the Commission and by a form to be completed by the |
| |
16|claimant in a local office of the Commission or at any alternate |
| |
17|site designated by the Commission to take unemployment benefit |
| |
18|claims. |
| |
19| C. With respect to each week, the claimant must provide the |
| |
20|Commission with a true and correct statement of all material facts |
| |
21|relating to unemployment; ability to work; availability for work; |
| |
22|activities or conditions which could restrict the individual from |
| |
23|seeking or immediately accepting full-time employment or part-time |
| |
24|work if subsection (4) of Section 2-408 of this title applies; |
| |
Page 27
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1|applications for or receipt of workers' compensation benefits; |
| |
2|employment and earnings; and the reporting of other income from |
| |
3|retirement, pension, disability, self-employment, education or |
| |
4|training allowances. |
| |
5| D. C. No claim will be allowed or paid unless the claimant |
| |
6|resides within a state or foreign country with which the State of |
| |
7|Oklahoma has entered into a reciprocal or cooperative arrangement |
| |
8|pursuant to Part 7 of Article IV of the Employment Security Act of |
| |
9|1980 Section 4-701 et seq. of this title. |
| |
10| E. D. The Commission may require the individual to produce |
| |
11|documents or information relevant to the claim for benefits. If the |
| |
12|individual fails to produce it, the individual's claim for |
| |
13|unemployment benefits may be disqualified indefinitely by the |
| |
14|Commission until the information is produced. An individual that |
| |
15|has been disqualified indefinitely by the provisions of this |
| |
16|subsection may receive payment for any week between the initial |
| |
17|failure and the compliance with this subsection if the claimant is |
| |
18|otherwise eligible and has made a timely filing for each intervening |
| |
19|week. |
| |
20| SECTION 13. AMENDATORY 40 O.S. 2021, Section 2-205.1, is |
| |
21|amended to read as follows: |
| |
22| Section 2-205.1 The unemployed individual must be able to |
| |
23|perform work duties in keeping with his or her education, training |
| |
24|and experience. He or she must also be available to seek and accept |
| |
Page 28
___________________________________________________________________________
1|work at any time and may not be engaged in any activity that would |
| |
2|normally restrict his or her seeking or accepting employment in |
| |
3|keeping with his education, training and experience. |
| |
4| The fact that an individual is enrolled in school shall not, in |
| |
5|and of itself, render an individual ineligible for unemployment |
| |
6|benefits. Such individual who is involuntarily unemployed and |
| |
7|otherwise eligible for benefits and who offers to quit school, |
| |
8|adjust class hours or change shifts in order to secure employment |
| |
9|shall be entitled to benefits. |
| |
10| SECTION 14. AMENDATORY 40 O.S. 2021, Section 2-503, is |
| |
11|amended to read as follows: |
| |
12| Section 2-503. CLAIMS, NOTICES AND OBJECTIONS. |
| |
13| A. Claims for benefits shall be made in accordance with all |
| |
14|rules that the Oklahoma Employment Security Commission may |
| |
15|prescribe. |
| |
16| B. Promptly after an initial claim or an additional initial |
| |
17|claim is filed, the Commission shall give notice of the claim to the |
| |
18|last employer of the claimant for whom the claimant worked at least |
| |
19|fifteen (15) working days. The required fifteen (15) working These |
| |
20|days are not required to be consecutive. Provided, that promptly |
| |
21|after the Commission is notified of the claimant's separation from |
| |
22|an employment obtained by a claimant during a continued claim |
| |
23|series, the Commission shall give notice of the claim to the last |
| |
24|separating employer. Notices to separating employers during a |
| |
Page 29
___________________________________________________________________________
1|continued claim series will be given to the last employer in the |
| |
2|claim week without regard to length of employment. Each notice |
| |
3|shall contain an admonition that failure to respond to the notice |
| |
4|could affect the employer's tax rate. |
| |
5| C. Promptly after the claim is paid for the fifth week of |
| |
6|benefits the Commission shall give written notice of the claim to |
| |
7|all other employers of the claimant during the claimant's base |
| |
8|period. The notice will be given pursuant to Section 3-106 of this |
| |
9|title by email unless the employer provides appropriate notification |
| |
10|that they opted out of this method of communication pursuant to |
| |
11|Section 11 of this act. |
| |
12| D. Notices Notice shall be deemed to have been given to the |
| |
13|employer at the last-known address and by the date of the postmark |
| |
14|on the envelope in which the notice was sent. If the employer has |
| |
15|elected to be notified by electronic means according to procedures |
| |
16|set out in Oklahoma Employment Security Commission rules, notice |
| |
17|shall be deemed to be given when the Commission transmits the notice |
| |
18|by electronic means or, if the employer has opted out of electronic |
| |
19|communications, the notice has been sent by mail. |
| |
20| E. Within ten (10) days after the date on the notice or the |
| |
21|date of the postmark on the envelope in which the notice was sent, |
| |
22|whichever is later the notice is emailed, an employer may file with |
| |
23|the Commission at the address prescribed in the notice written send |
| |
24| |
| |
Page 30
___________________________________________________________________________
1|by email all objections to the claim setting forth specifically the |
| |
2|facts which: |
| |
3| 1. Make the claimant ineligible for benefits under Sections |
| |
4|2-201 through 2-210 of this title; |
| |
5| 2. Disqualify the claimant from benefits under Sections 2-401 |
| |
6|through 2-417 and 2-419 of this title; or |
| |
7| 3. Relieve such employer from being charged for the benefits |
| |
8|benefit wages of such claimant. |
| |
9| F. An untimely employer objection to a claim for unemployment |
| |
10|benefits made pursuant to subsection E of this section may be |
| |
11|allowed for good cause shown. |
| |
12| SECTION 15. AMENDATORY 40 O.S. 2021, Section 2-503.1, is |
| |
13|amended to read as follows: |
| |
14| Section 2-503.1 FILING OF EMPLOYER PROTEST AND DOCUMENTS |
| |
15|THROUGH EMPLOYER PORTAL. |
| |
16| A. The procedure set out in this section for the filing of a |
| |
17|statement of objection through the employer portal is an optional |
| |
18|procedure for the employer. If the employer chooses not to utilize |
| |
19|this procedure, the employer must file its protest in accordance |
| |
20|with subsection E of Section 2-503 of Title 40 of the Oklahoma |
| |
21|Statutes. |
| |
22| B. An employer may file a statement of objections to the claim |
| |
23|of a former employee at any time from the moment of discharge or |
| |
24|separation from employment of the employee until the expiration of |
| |
Page 31
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1|the ten-day time period set out in subsection E of Section 2-503 of |
| |
2|Title 40 of the Oklahoma Statutes. The this title. Unless the |
| |
3|employer has opted out of receiving electronic communications and |
| |
4|filed their statement of objection through any method listed in |
| |
5|Section 1-224 of this title, the statement of objection must be |
| |
6|filed through the employer portal on the Oklahoma Employment |
| |
7|Security Commission's Internet website and must contain a statement |
| |
8|of specific facts and documentation which: |
| |
9| 1. Disclose the name and Social Security number of the |
| |
10|employee; |
| |
11| 2. Make the claimant ineligible for benefits under Sections |
| |
12|2-201 through 2-210 of Title 40 of the Oklahoma Statutes this title; |
| |
13| 3. Disqualify the claimant for benefits under Sections 2-401 |
| |
14|through 2-419 of Title 40 of the Oklahoma Statutes this title; or |
| |
15| 4. Relieve the employer from being charged for the benefits |
| |
16|benefit wages of this claimant. |
| |
17| C. B. Any timely statement of objection filed pursuant to this |
| |
18|section within the time period and in the manner set out in |
| |
19|subsection B of this section shall be considered a valid protest to |
| |
20|a claim for unemployment benefits filed by the former employee and |
| |
21|the employer shall be considered an interested party to the claim. |
| |
22|A statement of objection filed pursuant to this section outside the |
| |
23|time period or in any manner other than as set out in subsection B A |
| |
24|of this section shall not be considered a valid protest to a claim |
| |
Page 32
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1|for unemployment of the former employee, and the employer shall not |
| |
2|be considered an interested party to the claim. |
| |
3| SECTION 16. AMENDATORY 40 O.S. 2021, Section 2-605, is |
| |
4|amended to read as follows: |
| |
5| Section 2-605. NOTICE OF REFEREE DECISION. |
| |
6| The parties shall be promptly notified of such referee's |
| |
7|decision and shall be furnished with a copy of the decision, |
| |
8|including the findings and conclusions in support thereof. The |
| |
9|decision shall be provided to the party by the agency's digital |
| |
10|portal or email unless the party notifies the agency that they opted |
| |
11|out from receiving notices by email pursuant to Section 11 of this |
| |
12|act. Such decision shall be final unless, within ten (10) days |
| |
13|after the date of mailing of notice thereof to the parties' |
| |
14|last-known addresses, or, in the absence of such mailing, within ten |
| |
15|(10) days after the delivery of such notice is deemed given, further |
| |
16|review before the Board of Review is initiated pursuant to Section |
| |
17|2-606 of this title. |
| |
18| SECTION 17. AMENDATORY 40 O.S. 2021, Section 2-606, is |
| |
19|amended to read as follows: |
| |
20| Section 2-606. APPEALS FROM TRIBUNAL REFEREE DECISIONS TO BOARD |
| |
21|OF REVIEW. |
| |
22| The Board of Review shall review the record of an appeal filed |
| |
23|by any of the parties entitled to notice on a determination of an |
| |
24|appeal tribunal referee. An appeal to the Board of Review may be |
| |
Page 33
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1|filed in any manner allowed by Section 1-224 of this title. On |
| |
2|appeal, the Board of Review may affirm, modify, reverse, or remand |
| |
3|any decision of an appeal tribunal referee on the basis of evidence |
| |
4|previously submitted, or on the basis of additional evidence |
| |
5|received by an appeal tribunal referee on remand. The Board of |
| |
6|Review shall promptly notify the parties of its decision in writing, |
| |
7|and the decision shall be final unless within thirty (30) days after |
| |
8|the mailing of the decision to the parties' last-known addresses |
| |
9|notice is deemed given, a proceeding for judicial review is |
| |
10|initiated pursuant to Section 2-610 of this title. |
| |
11| SECTION 18. AMENDATORY 40 O.S. 2021, Section 3-106, is |
| |
12|amended to read as follows: |
| |
13| Section 3-106. BENEFIT WAGES CHARGED AND RELIEF THEREFROM. |
| |
14| A. The Oklahoma Employment Security Commission shall give |
| |
15|notice to each base period employer of a claimant promptly after the |
| |
16|claimant is has been issued his or her fifth week of benefits by the |
| |
17|Commission or promptly after the Commission receives notice of the |
| |
18|amounts paid as benefits by another state under a reciprocal |
| |
19|arrangement. Notice shall be deemed given under this subsection |
| |
20|when the Commission deposits the same with the United States Postal |
| |
21|Service addressed to the employer at an address designated by the |
| |
22|employer to receive the notice or at the employer's last-known |
| |
23|address. If the employer has elected to be notified by electronic |
| |
24|means according to procedures set out in Oklahoma Employment |
| |
Page 34
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1|Security Commission rules, notice shall be deemed to be given when |
| |
2|the Commission transmits the notification by electronic means. |
| |
3|Notice shall be presumed prima facie to have been given to the |
| |
4|employer to whom addressed on the date stated in the written notice. |
| |
5| This notice shall give the name and Social Security number of the |
| |
6|claimant, the date the claim was filed, and the amount of benefit |
| |
7|wages charged to the employer in each quarter of the base period. |
| |
8| B. Within twenty (20) days from the date stated upon on the |
| |
9|notice provided for in subsection A of this section, the employer |
| |
10|may file with the Commission written objections an objection to |
| |
11|being charged with the benefit wages upon one or more of the grounds |
| |
12|for objection as set forth in subsection G of this section. The |
| |
13|employer's written objection must set forth specifically: |
| |
14| 1. The date on which the employment was terminated; |
| |
15| 2. Full particulars as to the circumstances Specific details of |
| |
16|the termination including the reason given by the individual for |
| |
17|voluntarily leaving the employment, or the nature of the misconduct |
| |
18|for which discharged, as the case may be discharge; |
| |
19| 3. Full particulars as to Specific details of the regular |
| |
20|scheduled part-time or full-time employment of the employee |
| |
21|including the starting date, and ending date if any, of the |
| |
22|continuous period of such part-time or full-time employment; and |
| |
23| 4. Such other Other information as called for by the notice. |
| |
24| |
| |
Page 35
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1| C. Upon receipt of the employer's written objections objection, |
| |
2|the Commission shall make a determination and notify the employer as |
| |
3|to whether or not the employer is entitled to be relieved from the |
| |
4|charging of benefit wages wage charges. The Commission shall |
| |
5|promptly notify the employer of that determination. Provided |
| |
6|further Additionally, the twenty-day time period for filing written |
| |
7|objections with the Commission an objection as provided for in |
| |
8|subsection B of this section may be waived for good cause shown. |
| |
9| D. Within twenty (20) days after the mailing issuing of the |
| |
10|determination provided for in subsection C of this section, the |
| |
11|employer may file with the Commission or its representative |
| |
12|Assessment Board a written protest to the determination and request |
| |
13|an oral hearing de novo to present evidence in support of its |
| |
14|protest. The Commission or its representative Assessment Board |
| |
15|shall, by written notice, advise the employer of the date of the |
| |
16|hearing, which shall not be less than ten (10) days from the date of |
| |
17|mailing of the written notice. At the discretion of the Commission, |
| |
18|this hearing shall be conducted by the Commission or its |
| |
19|representative appointed by the Commission for this purpose. |
| |
20|Pursuant to Assessment Board. After the hearing, the Commission or |
| |
21|its representative Assessment Board shall, as soon as practicable, |
| |
22|make a written order setting forth its findings of fact and |
| |
23|conclusions of law, and shall send it to the employer notify the |
| |
24|employer of its findings. |
| |
Page 36
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1| E. If any employer fails to file a written protest within the |
| |
2|period of twenty (20) days, as provided by subsection D of this |
| |
3|section, then the determination shall be final, and no appeal shall |
| |
4|thereafter be allowed does not file a timely appeal of the |
| |
5|determination to the Assessment Board, the determination shall be |
| |
6|final. |
| |
7| F. The employer or the Commission may appeal the Assessment |
| |
8|Board's order of the Commission or its representative to the |
| |
9|district court by filing a petition for review with the district |
| |
10|court clerk of that court within thirty (30) days after the date the |
| |
11|order was mailed issued to all parties. The mailing date shall be |
| |
12|specifically stated in the order. |
| |
13| G. The benefit wages charged to an employer for a given |
| |
14|calendar year shall be the total of the benefit wages stated in the |
| |
15|notices given to the employer by the Commission. Provided, that an |
| |
16|employer shall be relieved of a benefit wage charge if the employer |
| |
17|proves to the satisfaction of the Commission that the benefit wage |
| |
18|charge includes wages paid by the employer to any employee or former |
| |
19|employee, who: |
| |
20| 1. Left employment with that employer, or with his or her last |
| |
21|employer, voluntarily Voluntarily left employment without good cause |
| |
22|connected to the work; |
| |
23| 2. Was discharged from such employment for misconduct connected |
| |
24|with his or her work; |
| |
Page 37
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1| 3. Was a regular scheduled employee of that the separating |
| |
2|employer prior to the week the employee separated from other |
| |
3|employment, and continued to work for the employer through the fifth |
| |
4|compensable week of unemployment in his or her of the established |
| |
5|benefit year; |
| |
6| 4. Was separated from his or her employment as a direct result |
| |
7|of a major natural disaster, declared as such by the President |
| |
8|pursuant to the Disaster Relief Act of 1974, P.L. 93-288, and such |
| |
9|employee would have been entitled to disaster unemployment |
| |
10|assistance if he or she had not received unemployment insurance |
| |
11|benefits; |
| |
12| 5. Was discharged by an employer for unsatisfactory performance |
| |
13|during an initial employment probationary period. As used in this |
| |
14|paragraph, "probationary period" means a period of time set forth in |
| |
15|an established probationary plan which applies to all employees or a |
| |
16|specific group of employees and does not exceed ninety (90) calendar |
| |
17|days from the first day a new employee begins work. The employee |
| |
18|must be informed of the probationary period within the first seven |
| |
19|(7) work days. There must be conclusive evidence to establish that |
| |
20|the individual was separated due to unsatisfactory work performance; |
| |
21| 6. Left employment to attend training approved under the Trade |
| |
22|Act of 1974 and is allowed unemployment benefits pursuant to Section |
| |
23|2-416 of this title; or |
| |
24| |
| |
Page 38
___________________________________________________________________________
1| 7. Was separated from employment for compelling family |
| |
2|circumstances as defined in Section 2-210 of this title. |
| |
3| H. If an employer recalls an employee deemed unemployed as |
| |
4|defined by the Employment Security Act of 1980 and the employee |
| |
5|continues to be employed or the employee voluntarily terminates |
| |
6|employment or is discharged for misconduct within the benefit year, |
| |
7|the employer shall be entitled to have the benefit wage charged |
| |
8|against the employer's experience rating for the employee reduced by |
| |
9|the ratio of the number of weeks of remaining eligibility of the |
| |
10|employee to the total number of weeks of entitlement. |
| |
11| I. An employer shall not be charged with benefit wages assessed |
| |
12|a benefit wage charge of a laid-off employee if the employer lists |
| |
13|as an objection in a statement filed in accordance with subsection B |
| |
14|of this section that the employee collecting benefits was hired to |
| |
15|replace a United States serviceman or servicewoman called into |
| |
16|active duty and laid-off upon the return to work by that serviceman |
| |
17|or servicewoman. The Unemployment Compensation Fund shall be |
| |
18|charged with the benefit wages of the laid-off employee. |
| |
19| J. If the Commission receives a notice of amounts paid as |
| |
20|benefits by another state under a reciprocal agreement, and the |
| |
21|notice is received after three (3) years from the effective date of |
| |
22|the underlying benefit claim, no benefit wage charge will be made |
| |
23|against the employer identified in the notice, or if a benefit wage |
| |
24|charge is made based on such a notice, the employer will be relieved |
| |
Page 39
___________________________________________________________________________
1|of the charge when the facts are brought to the attention of the |
| |
2|Commission. |
| |
3| K. An employer shall not be eligible to be relieved of a |
| |
4|benefit wage charge under paragraphs 1 and 2 of subsection G of this |
| |
5|section if the employer was sent a notice of benefit claim, pursuant |
| |
6|to Section 2-503 of this title, and failed to timely file protest to |
| |
7|the benefit claim. |
| |
8| SECTION 19. AMENDATORY 40 O.S. 2021, Section 3-115, is |
| |
9|amended to read as follows: |
| |
10| Section 3-115. APPEAL OF DETERMINATIONS. |
| |
11| A. If a determination is made by the Oklahoma Employment |
| |
12|Security Commission on any aspect of an employer's account, and a |
| |
13|method of appeal or protest of the determination is not set out in |
| |
14|the statute or rule under which the determination was made, the |
| |
15|employer may appeal or protest the determination under the procedure |
| |
16|set forth in subsection B of this section. |
| |
17| B. 1. All determinations affecting an employer account must be |
| |
18|made by the Commission in writing in a Notice of Determination and |
| |
19|mailed to the employer at the employer's last-known address with the |
| |
20|mailing date and appeal rights set out in the document. If the |
| |
21|employer has elected to be notified by electronic means according to |
| |
22|procedures set out in Oklahoma Employment Security Commission rules, |
| |
23|notice shall be deemed to be given when the Commission transmits the |
| |
24|notification by electronic means. |
| |
Page 40
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1| 2. Within twenty (20) days after the mailing or transmission of |
| |
2|the Notice of Determination as provided for in paragraph 1 of this |
| |
3|subsection, the employer may file with the Commission, or its |
| |
4|representative, a written request for a review and redetermination |
| |
5|setting forth the employer's reasons therefor. If any employer |
| |
6|fails to file a written request for review and redetermination |
| |
7|within twenty (20) days without good cause, then the initial |
| |
8|determination of the Commission shall be final, and no further |
| |
9|appeal or protest shall be allowed. |
| |
10| 3. If a written request for review and redetermination is |
| |
11|filed, the Commission shall provide for a review and issue a Notice |
| |
12|of Redetermination in the matter. The employer may appeal the |
| |
13|redetermination by filing a written protest appeal within twenty |
| |
14|(20) days of the date of the mailing of the Notice of |
| |
15|Redetermination. If the employer fails to file a written protest |
| |
16|appeal within twenty (20) days without good cause, the |
| |
17|redetermination of the Commission shall be final and no further |
| |
18|appeal or protest shall be allowed. |
| |
19| 4. Upon the timely filing of a written protest appeal, the |
| |
20|Commission shall provide for an oral hearing de novo to allow the |
| |
21|employer to present evidence in support of the protest appeal. The |
| |
22|standard of review on appeal shall be de novo. The Commission or |
| |
23|its representatives shall, by written notice, advise the employer of |
| |
24|the date of the hearing, which shall not be less than ten (10) days |
| |
Page 41
___________________________________________________________________________
1|from the date of the mailing of the written notice. At the |
| |
2|discretion of the Commission, this hearing shall be conducted by the |
| |
3|Commission, or by a representative appointed by the Commission for |
| |
4|this purpose. The appealing party shall bear the initial burden of |
| |
5|proof at the hearing. |
| |
6| 5. Pursuant to the hearing, the Commission or its |
| |
7|representative shall, as soon as practicable, make a written order |
| |
8|setting forth its findings of fact and conclusions of law, and shall |
| |
9|mail it to the employer at the employer's last-known address with |
| |
10|the mailing date and appeal rights set out in the document. |
| |
11| 6. The employer or the Commission may appeal the order to the |
| |
12|district court of the county in which the employer has its principal |
| |
13|place of business by filing a Petition for Review with the clerk of |
| |
14|the court within thirty (30) days after the date the order was |
| |
15|mailed to all parties. If the employer does not have a principal |
| |
16|place of business in any county in Oklahoma this state, then the |
| |
17|Petition for Review shall be filed with the Oklahoma County District |
| |
18|Court. All appeals shall be governed by Part 4 of Article 3 of the |
| |
19|Employment Security Act of 1980. If the employer fails to file an |
| |
20|appeal to the district court within the time allowed, the order |
| |
21|shall be final and no further appeal shall be allowed. |
| |
22| C. Untimely requests for review and redetermination pursuant to |
| |
23|paragraph 2 of subsection B of this section and written protests for |
| |
24|appeals filed pursuant to paragraph 3 of subsection B of this |
| |
Page 42
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1|section may be allowed for good cause shown, if the request for good |
| |
2|cause is filed in writing with the Commission within one (1) year of |
| |
3|the date of the determination or redetermination that is the basis |
| |
4|of the request for untimely filing. |
| |
5| SECTION 20. AMENDATORY 40 O.S. 2021, Section 3-307, is |
| |
6|amended to read as follows: |
| |
7| Section 3-307. A. All remittance under Section 1-101 et seq. |
| |
8|of this title shall be made payable to the Oklahoma Employment |
| |
9|Security Commission at Oklahoma City, Oklahoma, by automatic |
| |
10|clearinghouse (ACH) debit/credit, financial institution, draft, |
| |
11|check, cashier's check, electronic fund transfer, credit card, money |
| |
12|order or money, and the Commission shall issue its receipt, for cash |
| |
13|or money payment, to the payor. No remittance other than cash shall |
| |
14|be in final discharge of liability due the Commission unless and |
| |
15|until it shall have been paid in cash. All monies collected shall |
| |
16|be deposited with the State Treasurer. There shall be assessed, in |
| |
17|addition to any other penalties provided for by law, an |
| |
18|administrative service fee of Twenty-five Dollars ($25.00) on each |
| |
19|check returned to the Commission or any agent thereof by reason of |
| |
20|the refusal of the financial institution upon which such check was |
| |
21|drawn to honor the same. There shall be assessed, in addition to |
| |
22|any other penalties provided for by law, an administrative service |
| |
23|fee of Twenty-five Dollars ($25.00) on each electronic fund transfer |
| |
24|that fails due to insufficient funds in the payor's account. |
| |
Page 43
___________________________________________________________________________
1| B. Upon the return of any check by reason of the refusal of the |
| |
2|financial institution upon which such check was drawn to honor the |
| |
3|same, the Commission may file a bogus check complaint with the |
| |
4|appropriate district attorney who shall refer the complaint to the |
| |
5|Bogus Check Restitution Program established by Section 111 of Title |
| |
6|22 of the Oklahoma Statutes. Funds collected through the program |
| |
7|after collection of the fee authorized by Section 114 of Title 22 of |
| |
8|the Oklahoma Statutes for deposit in the Bogus Check Restitution |
| |
9|Program Fund in the county treasury shall be transmitted to the |
| |
10|Commission and credited to the liability for which the returned |
| |
11|check was drawn along with the administrative service fee provided |
| |
12|by this section. |
| |
13| C. The Commission shall promulgate the rules for the deadlines |
| |
14|of payment of unemployment taxes and the method of payment. |
| |
15| SECTION 21. AMENDATORY 40 O.S. 2021, Section 4-205, is |
| |
16|amended to read as follows: |
| |
17| Section 4-205. TEMPORARY MEMBERS. In the event of the |
| |
18|disqualification of one member of the Board of Review from the |
| |
19|hearing and determination of a claim for the benefits, the Governor |
| |
20|shall designate a fourth, temporary member to serve as an |
| |
21|alternative member. In the event of the disqualification of two or |
| |
22|more members of the Board of Review from the hearing and |
| |
23|determination on a claim for benefits, the Governor shall designate |
| |
24|by appointment temporary members to serve as alternate members, |
| |
Page 44
___________________________________________________________________________
1|such. Such alternates to shall be paid traveling expenses incurred |
| |
2|in the performance of their duties as provided in the State Travel |
| |
3|Reimbursement Act. The Governor may at any time, after notice and |
| |
4|hearing, remove any member for cause. |
| |
5| SECTION 22. AMENDATORY 40 O.S. 2021, Section 4-508, is |
| |
6|amended to read as follows: |
| |
7| Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL - |
| |
8|DISCLOSURE. |
| |
9| A. Except as otherwise provided by law, information obtained |
| |
10|from any employing unit or individual pursuant to the administration |
| |
11|of the Employment Security Act of 1980, any workforce system program |
| |
12|administered or monitored by the Oklahoma Employment Security |
| |
13|Commission, and determinations as to the benefit rights of any |
| |
14|individual shall be kept confidential and shall not be disclosed or |
| |
15|be open to public inspection in any manner revealing the |
| |
16|individual's or employing unit's identity. Any claimant, employer, |
| |
17|or agent of either as authorized in writing, shall be supplied with |
| |
18|information from the records of the Oklahoma Employment Security |
| |
19|Commission, to the extent necessary for the proper presentation of |
| |
20|the claim or complaint in any proceeding under the Employment |
| |
21|Security Act of 1980, with respect thereto. |
| |
22| B. Upon receipt of written request by any employer who |
| |
23|maintains a Supplemental Unemployment Benefit (SUB) Plan, the |
| |
24|Commission or its designated representative may release to that |
| |
Page 45
___________________________________________________________________________
1|employer information regarding weekly benefit amounts paid its |
| |
2|workers during a specified temporary layoff period, provided the |
| |
3|Supplemental Unemployment Benefit (SUB) Plan requires benefit |
| |
4|payment information before Supplemental Unemployment Benefits can be |
| |
5|paid to the workers. Any information disclosed under this provision |
| |
6|shall be utilized solely for the purpose outlined herein and shall |
| |
7|be held strictly confidential by the employer. |
| |
8| C. The provisions of this section shall not prevent the |
| |
9|Commission from disclosing the following information and no |
| |
10|liability whatsoever, civil or criminal, shall attach to any member |
| |
11|of the Commission or any employee thereof for any error or omission |
| |
12|in the disclosure of this information: |
| |
13| 1. The delivery to taxpayer or claimant a copy of any report or |
| |
14|other paper filed by the taxpayer or claimant pursuant to the |
| |
15|Employment Security Act of 1980; |
| |
16| 2. The disclosure of information to any person for a purpose as |
| |
17|authorized by the taxpayer or claimant pursuant to a waiver of |
| |
18|confidentiality. The waiver shall be in writing and shall be |
| |
19|notarized; |
| |
20| 3. The Oklahoma Department of Commerce may have access to data |
| |
21|obtained pursuant to the Employment Security Act of 1980 pursuant to |
| |
22|rules promulgated by the Commission. The information obtained shall |
| |
23|be held confidential by the Department and any of its agents and |
| |
24|shall not be disclosed or be open to public inspection. The |
| |
Page 46
___________________________________________________________________________
1|Oklahoma Department of Commerce, however, may release aggregated |
| |
2|data, either by industry or county, provided that the aggregation |
| |
3|meets disclosure requirements of the Commission; |
| |
4| 4. The publication of statistics so classified as to prevent |
| |
5|the identification of a particular report and the items thereof; |
| |
6| 5. The disclosing of information or evidence to the Attorney |
| |
7|General or any district attorney when the information or evidence is |
| |
8|to be used by the officials or other parties to the proceedings to |
| |
9|prosecute or defend allegations of violations of the Employment |
| |
10|Security Act of 1980. The information disclosed to the Attorney |
| |
11|General or any district attorney shall be kept confidential by them |
| |
12|and not be disclosed except when presented to a court in a |
| |
13|prosecution of a violation of Section 1-101 et seq. of this title, |
| |
14|and a violation by the Attorney General or district attorney by |
| |
15|otherwise releasing the information shall be a felony; |
| |
16| 6. The furnishing, at the discretion of the Commission, of any |
| |
17|information disclosed by the records or files to any official person |
| |
18|or body of this state, any other state or of the United States who |
| |
19|is concerned with the administration of assessment of any similar |
| |
20|tax in this state, any other state or the United States; |
| |
21| 7. The furnishing of information to other state agencies for |
| |
22|the limited purpose of aiding in the collection of debts owed by |
| |
23|individuals to the requesting agencies or the Oklahoma Employment |
| |
24|Security Commission; |
| |
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1| 8. The release of information to employees of the Oklahoma |
| |
2|Department of Transportation required for use in federally mandated |
| |
3|regional transportation planning, which is performed as a part of |
| |
4|its official duties; |
| |
5| 9. The release of information to employees of the Oklahoma |
| |
6|State Treasurer's office required to verify or evaluate the |
| |
7|effectiveness of the Oklahoma Small Business Linked Deposit Program |
| |
8|on job creation; |
| |
9| 10. The release of information to employees of the Attorney |
| |
10|General, the Department of Labor, the Workers' Compensation |
| |
11|Commission and the Insurance Department for use in investigation of |
| |
12|workers' compensation fraud; |
| |
13| 11. The release of information to employees of any Oklahoma |
| |
14|state, Oklahoma county, Oklahoma municipal or Oklahoma tribal law |
| |
15|enforcement agency for use in criminal investigations and the |
| |
16|location of missing persons or fugitives from justice; |
| |
17| 12. The release of information to employees of the Center of |
| |
18|International Trade, Oklahoma State University, required for the |
| |
19|development of International Trade for employers doing business in |
| |
20|the State of Oklahoma this state; |
| |
21| 13. The release of information to employees of the Oklahoma |
| |
22|State Regents for Higher Education required for use in the default |
| |
23|prevention efforts and/or collection of defaulted student loans |
| |
24|guaranteed by the Oklahoma Guaranteed Student Loan Program. Any |
| |
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1|information disclosed under this provision shall be utilized solely |
| |
2|for the purpose outlined herein and shall be held strictly |
| |
3|confidential by the Oklahoma State Regents for Higher Education; |
| |
4| 14. The release of information to employees of the Oklahoma |
| |
5|Department of Career and Technology Education, the Oklahoma State |
| |
6|Regents for Higher Education, the Center for Economic and Management |
| |
7|Research of the University of Oklahoma, the Center for Economic and |
| |
8|Business Development at Southwestern Oklahoma State University or a |
| |
9|center of economic and business research or development at a |
| |
10|comprehensive or regional higher education institution within The |
| |
11|Oklahoma State System of Higher Education required to identify |
| |
12|economic trends or educational outcomes. The information obtained |
| |
13|shall be kept confidential by the Oklahoma Department of Career and |
| |
14|Technology Education, the Oklahoma State Regents for Higher |
| |
15|Education and the higher education institution and shall not be |
| |
16|disclosed or be open to public inspection. The Oklahoma Department |
| |
17|of Career and Technology Education, the Oklahoma State Regents for |
| |
18|Higher Education and the higher education institution may release |
| |
19|aggregated data, provided that the aggregation meets disclosure |
| |
20|requirements of the Commission; |
| |
21| 15. The release of information to employees of the Office of |
| |
22|Management and Enterprise Services required to identify economic |
| |
23|trends. The information obtained shall be kept confidential by the |
| |
24|Office of Management and Enterprise Services and shall not be |
| |
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1|disclosed or be open to public inspection. The Office of Management |
| |
2|and Enterprise Services may release aggregate data, provided that |
| |
3|the aggregation meets disclosure requirements of the Oklahoma |
| |
4|Employment Security Commission; |
| |
5| 16. The release of information to employees of the Department |
| |
6|of Mental Health and Substance Abuse Services required to evaluate |
| |
7|the effectiveness of mental health and substance abuse treatment and |
| |
8|state or local programs utilized to divert persons from inpatient |
| |
9|treatment. The information obtained shall be kept confidential by |
| |
10|the Department and shall not be disclosed or be open to public |
| |
11|inspection. The Department of Mental Health and Substance Abuse |
| |
12|Services, however, may release aggregated data, either by treatment |
| |
13|facility, program or larger aggregate units, provided that the |
| |
14|aggregation meets disclosure requirements of the Oklahoma Employment |
| |
15|Security Commission; |
| |
16| 17. The release of information to employees of the Attorney |
| |
17|General, the Oklahoma State Bureau of Investigation and the |
| |
18|Insurance Department for use in the investigation of insurance fraud |
| |
19|and health care fraud; |
| |
20| 18. The release of information to employees of public housing |
| |
21|agencies for purposes of determining eligibility pursuant to 42 |
| |
22|U.S.C., Section 503(i); |
| |
23| 19. The release of wage and benefit claim information, at the |
| |
24|discretion of the Commission, to an agency of this state or its |
| |
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1|political subdivisions that operate a program or activity designated |
| |
2|as a required partner in the Workforce Innovation and Opportunity |
| |
3|Act One-Stop delivery system pursuant to 29 U.S.C.A., Section |
| |
4|3151(b)(1), based on a showing of need made to the Commission and |
| |
5|after an agreement concerning the release of information is entered |
| |
6|into with the entity receiving the information. For the limited |
| |
7|purpose of completing performance accountability reports required by |
| |
8|the Workforce Innovation and Opportunity Act, only those designated |
| |
9|required partners that meet the 20 CFR Section 603.2(d) definition |
| |
10|of public official may contract with a private agent or contractor |
| |
11|pursuant to 20 CFR Section 603.5(f) for the purpose of the private |
| |
12|agent or contractor receiving confidential unemployment compensation |
| |
13|information to the extent necessary to complete the performance |
| |
14|accountability reports; |
| |
15| 20. The release of information to the State Wage Interchange |
| |
16|System, at the discretion of the Commission; |
| |
17| 21. The release of information to the Bureau of the Census of |
| |
18|the U.S. Department of Commerce, the Bureau of Labor Statistics of |
| |
19|the U.S. Department of Labor, and its agents employed by the |
| |
20|Oklahoma Department of Labor for the purpose of economic and |
| |
21|statistical research; |
| |
22| 22. The release of employer tax information and benefit claim |
| |
23|information to the Oklahoma Health Care Authority for use in |
| |
24|determining eligibility for a program that will provide subsidies |
| |
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1|for health insurance premiums for qualified employers, employees, |
| |
2|self-employed persons and unemployed persons; |
| |
3| 23. The release of employer tax information and benefit claim |
| |
4|information to the State Department of Rehabilitation Services for |
| |
5|use in assessing results and outcomes of clients served; |
| |
6| 24. The release of information to any state or federal law |
| |
7|enforcement authority when necessary in the investigation of any |
| |
8|crime in which the Commission is a victim. Information that is |
| |
9|confidential under this section shall be held confidential by the |
| |
10|law enforcement authority unless and until it is required for use in |
| |
11|court in the prosecution of a defendant in a criminal prosecution; |
| |
12| 25. The release of information to vendors that contract with |
| |
13|the Oklahoma Employment Security Commission to provide for the |
| |
14|issuance of debit cards, to conduct electronic fund transfers, to |
| |
15|perform computer programming operations, or to perform computer |
| |
16|maintenance or replacement operations; provided the vendor agrees to |
| |
17|protect and safeguard the information it receives and to destroy the |
| |
18|information when no longer needed for the purposes set out in the |
| |
19|contract; |
| |
20| 26. The release of information to employees of the Office of |
| |
21|Juvenile Affairs for use in assessing results and outcomes of |
| |
22|clients served as well as the effectiveness of state and local |
| |
23|juvenile and justice programs including prevention and treatment |
| |
24|programs. The information obtained shall be kept confidential by |
| |
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1|the Office of Juvenile Affairs and shall not be disclosed or be open |
| |
2|to public inspection. The Office of Juvenile Affairs may release |
| |
3|aggregated data for programs or larger aggregate units, provided |
| |
4|that the aggregation meets disclosure requirements of the Oklahoma |
| |
5|Employment Security Commission; |
| |
6| 27. The release of information to vendors that contract with |
| |
7|the State of Oklahoma for the purpose of providing a public |
| |
8|electronic labor exchange system that will support the Oklahoma |
| |
9|Employment Security Commission's operation of an employment service |
| |
10|system to connect employers with job seekers and military veterans. |
| |
11|This labor exchange system would enhance the stability and security |
| |
12|of Oklahoma's economy as well as support the provision of veterans' |
| |
13|priority of service. The vendors may perform computer programming |
| |
14|operations, perform computer maintenance or replacement operations, |
| |
15|or host the electronic solution; provided, each vendor agrees to |
| |
16|protect and safeguard all information received, that no information |
| |
17|shall be disclosed to any third party, that the use of the |
| |
18|information shall be restricted to the scope of the contract, and |
| |
19|that the vendor shall properly dispose of all information when no |
| |
20|longer needed for the purposes set out in the contract; or |
| |
21| 28. The release of employer tax information and benefit claim |
| |
22|information to employees of a county public defender's office in the |
| |
23|State of Oklahoma this state and the Oklahoma Indigent Defense |
| |
24| |
| |
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1|System for the purpose of determining financial eligibility for the |
| |
2|services provided by such entities. |
| |
3| D. Subpoenas to compel disclosure of information made |
| |
4|confidential by this statute shall not be valid, except for |
| |
5|administrative subpoenas issued by federal, state, or local |
| |
6|governmental agencies that have been granted subpoena power by |
| |
7|statute or ordinance. Confidential information maintained by the |
| |
8|Commission can be obtained by order of a court of record that |
| |
9|authorizes the release of the records in writing. All |
| |
10|administrative subpoenas or court orders for production of documents |
| |
11|must provide a minimum of twenty (20) days from the date it is |
| |
12|served for the Commission to produce the documents. If the date on |
| |
13|which production of the documents is required is less than twenty |
| |
14|(20) days from the date of service, the subpoena or order shall be |
| |
15|considered void on its face as an undue burden or hardship on the |
| |
16|Commission. All administrative subpoenas, court orders or notarized |
| |
17|waivers of confidentiality authorized by paragraph 2 of subsection C |
| |
18|of this section shall be presented with a request for records within |
| |
19|ninety (90) days of the date the document is issued or signed, and |
| |
20|the document can only be used one time to obtain records. |
| |
21| E. Should any of the disclosures provided for in this section |
| |
22|require more than casual or incidental staff time, the Commission |
| |
23|shall charge the cost of the staff time to the party requesting the |
| |
24|information. |
| |
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1| F. It is further provided that the provisions of this section |
| |
2|shall be strictly interpreted and shall not be construed as |
| |
3|permitting the disclosure of any other information contained in the |
| |
4|records and files of the Commission. |
| |
5| SECTION 23. REPEALER 40 O.S. 2021, Sections 1-202, |
| |
6|1-202.2, 1-203, 1-204, 1-205, 1-206, 1-207, 1-211, 1-212, 1-213, |
| |
7|1-215, 1-216, 1-219, 1-220, 1-221, 1-226, 1-301, 2-406.2, 2-709, |
| |
8|2-711, 2-713, and 3-118, are hereby repealed. |
| |
9| SECTION 24. This act shall become effective November 1, 2022." |
| |
10| Passed the House of Representatives the 27th day of April, 2022. |
| |
11| |
| |
12| |
| |
13| Presiding Officer of the House of |
| Representatives |
14| |
| |
15| Passed the Senate the ____ day of __________, 2022. |
| |
16| |
| |
17| |
| |
18| Presiding Officer of the Senate |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
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