Bill Text For SB1800 - Engrossed Amendments

 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           |
                                                                   Page 3
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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    |
  |                                                                       |
 4|respect to employment during a calendar year for services covered by   |
  |                                                                       |
 5|the Employment Security Act of 1980 or other state unemployment        |
  |                                                                       |
 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     |
  |                                                                       |
 8|as determined by the Commission, rounded to the nearest multiple of    |
  |                                                                       |
 9|One Hundred Dollars ($100.00);                                         |
  |                                                                       |
10|    49.  "Wages" shall have the same meaning as provided in Section    |
  |                                                                       |
11|1-218 of this title;                                                   |
  |                                                                       |
12|    50.  "Wages paid" means wages actually paid to the worker;         |
  |                                                                       |
13|provided, however, that in the event of any distribution of an         |
  |                                                                       |
14|employer's assets through insolvency, receivership, composition,       |
  |                                                                       |
15|assignment for the benefit of creditors, or termination of business,   |
  |                                                                       |
16|wages earned but not actually paid shall be considered as paid; and    |
  |                                                                       |
17|    51.  "Week" means such period of seven (7) consecutive days, as    |
  |                                                                       |
18|the Commission may by regulation prescribe.                            |
  |                                                                       |
19|    SECTION 2.     AMENDATORY     40 O.S. 2021, Section 1-202.1, is    |
  |                                                                       |
20|amended to read as follows:                                            |
  |                                                                       |
21|    Section 1-202.1  EXTENDED BASE PERIOD.                             |
  |                                                                       |
22|    If an individual lacks sufficient base period wages because of a   |
  |                                                                       |
23|job-related injury for which the individual received total temporary   |
  |                                                                       |
24|disability payments awarded by the Workers' Compensation Court, upon   |
  |                                                                       |
                                                                   Page 12
___________________________________________________________________________

 1|written application by the claimant, an extended base period will be   |
  |                                                                       |
 2|substituted for the current base period on a quarter-by-quarter        |
  |                                                                       |
 3|basis as needed to establish a valid claim.  "Extended base period"    |
  |                                                                       |
 4|means the four quarters prior to the claimant's base period.  These    |
  |                                                                       |
 5|four quarters may be substituted for base period quarters on a         |
  |                                                                       |
 6|quarter-by-quarter basis to establish a valid claim regardless of      |
  |                                                                       |
 7|whether the wages have been used to establish a prior claim, except    |
  |                                                                       |
 8|any wages earned that would render the Commission out of compliance    |
  |                                                                       |
 9|with applicable federal law will be excluded if used in a prior        |
  |                                                                       |
10|claim.  Benefits paid on the basis of an extended base period, which   |
  |                                                                       |
11|would not otherwise be payable, shall be noncharged.                   |
  |                                                                       |
12|    SECTION 3.     AMENDATORY     40 O.S. 2021, Section 1-209, is      |
  |                                                                       |
13|amended to read as follows:                                            |
  |                                                                       |
14|    Section 1-209.  EMPLOYING UNIT.                                    |
  |                                                                       |
15|    "Employing unit" means any individual or type of organization,     |
  |                                                                       |
16|including any partnership, association, trust, estate, joint stock     |
  |                                                                       |
17|company, insurance company, limited liability company or               |
  |                                                                       |
18|corporation, whether domestic or foreign, or the receiver, trustee     |
  |                                                                       |
19|in bankruptcy, trustee or successor thereof, or the legal              |
  |                                                                       |
20|representative of a deceased person, which has or subsequent to        |
  |                                                                       |
21|January 1, 1936, had in its employ one or more individuals             |
  |                                                                       |
22|performing services for it within this state.                          |
  |                                                                       |
23|    All individuals performing services within this state for any      |
  |                                                                       |
24|employing unit which maintains two or more separate establishments     |
  |                                                                       |
                                                                   Page 13
___________________________________________________________________________

 1|within this state shall be deemed to be employed by a single           |
  |                                                                       |
 2|employing unit for all the purposes of the Employment Security Act     |
  |                                                                       |
 3|of 1980, except as provided under paragraphs 10 and 11 of Section      |
  |                                                                       |
 4|1-208 of this title.                                                   |
  |                                                                       |
 5|    Whenever any employing unit contracts with or has under it any     |
  |                                                                       |
 6|contractor or subcontractor for any employment, which is part of its   |
  |                                                                       |
 7|usual trade, occupation, profession, or business, unless the           |
  |                                                                       |
 8|employing unit as well as each such contractor or subcontractor is     |
  |                                                                       |
 9|an employer by reason of Section 1-208 or Section 3-203 of this        |
  |                                                                       |
10|title, the employing unit shall for all the purposes of the            |
  |                                                                       |
11|Employment Security Act of 1980 be deemed to employ each individual    |
  |                                                                       |
12|in the employ of each such contractor or subcontractor for each day    |
  |                                                                       |
13|during which such individual is engaged in performing such             |
  |                                                                       |
14|employment; except that each such contractor or subcontractor who is   |
  |                                                                       |
15|an employer by reason of Section 1-208 or Section 3-203 of this        |
  |                                                                       |
16|title shall alone be liable for the contributions measured by wages    |
  |                                                                       |
17|paid to individuals employed by the contractor or subcontractor, and   |
  |                                                                       |
18|except that any employing unit which shall become liable for and pay   |
  |                                                                       |
19|contributions with respect to individuals in the employ of any such    |
  |                                                                       |
20|contractor or subcontractor who is not an employer by reason of        |
  |                                                                       |
21|Section 1-208 or Section 3-203 of this title may recover the same      |
  |                                                                       |
22|from such contractor or subcontractor.                                 |
  |                                                                       |
23|    Each individual employed to perform or to assist in performing     |
  |                                                                       |
24|the work of any agent or employee of an employing unit shall be        |
  |                                                                       |
                                                                   Page 14
___________________________________________________________________________

 1|deemed to be employed by such employing unit for all the purposes of   |
  |                                                                       |
 2|the Employment Security Act of 1980, whether such individual was       |
  |                                                                       |
 3|hired or paid directly by such employing unit or by such agent or      |
  |                                                                       |
 4|employee of an employing unit, provided the employing unit had         |
  |                                                                       |
 5|actual or constructive knowledge of the employment.                    |
  |                                                                       |
 6|    SECTION 4.     AMENDATORY     40 O.S. 2021, Section 1-209.1, is    |
  |                                                                       |
 7|amended to read as follows:                                            |
  |                                                                       |
 8|    Section 1-209.1  LESSOR EMPLOYING UNIT.  A.  "Lessor employing     |
  |                                                                       |
 9|unit" means any independently established business entity which        |
  |                                                                       |
10|engages in the business of providing leased employees to any other     |
  |                                                                       |
11|employer, individual, organization, partnership, corporation or        |
  |                                                                       |
12|other legal entity, referred to herein as a client lessee.             |
  |                                                                       |
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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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
___________________________________________________________________________

 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;                                                   |
  |                                                                       |
                                                                   Page 47
___________________________________________________________________________

 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       |
  |                                                                       |
                                                                   Page 48
___________________________________________________________________________

 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          |
  |                                                                       |
                                                                   Page 49
___________________________________________________________________________

 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        |
  |                                                                       |
                                                                   Page 50
___________________________________________________________________________

 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      |
  |                                                                       |
                                                                   Page 51
___________________________________________________________________________

 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      |
  |                                                                       |
                                                                   Page 52
___________________________________________________________________________

 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|                                                                       |
  |                                                                       |
                                                                   Page 53
___________________________________________________________________________

 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.                                                           |
  |                                                                       |
                                                                   Page 54
___________________________________________________________________________

 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|                                                                       |
  |                                                                       |
                                                                   Page 55
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