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ENGROSSED HOUSE
BILL NO. 3657 By: Tedford of the House
and
Coleman of the Senate
An Act relating to labor; amending 40 O.S. 2021,
Section 1-210, which relates to employment
definitions; modifying payment references for certain
agricultural services; amending 40 O.S. 2021, Section
4-508, as amended by Section 22, Chapter 360, O.S.L.
2022 (40 O.S. Supp. 2025, Section 4-508), which
relates to confidential records; granting the
Oklahoma Workforce Commission access to certain data;
requiring information obtained to be kept
confidential; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 40 O.S. 2021, Section 1-210, is
amended to read as follows:
Section 1-210. EMPLOYMENT.
"Employment" means:
(1) Any service, including service in interstate commerce,
performed by:
(a) any officer of a corporation; or
(b) any individual who, under the usual common-law rules
applicable in determining the employer-employee
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relationship, as provided in paragraph (14) of this
section, has the status of an employee.
(2) (a) any service, including service in interstate commerce,
performed by any individual other than an individual
who is an employee under paragraph (1) of this section
who performs services for remuneration for any person:
(i) as an agent-driver or commission-driver engaged
in distributing meat products, vegetable
products, fruit products, bakery products,
beverages other than milk, or laundry or dry
cleaning services, for the individual's
principal; or
(ii) as a traveling or city salesperson, other than as
an agent-driver or commission-driver, engaged
upon a full-time basis in the solicitation on
behalf of, and the transmission to, an
individual's principal, except for sideline sales
activities on behalf of some other person, of
orders from wholesalers, retailers, contractors
or operators of hotels, restaurants or other
similar establishments for merchandise for resale
or supplies for use in their business operations;
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(b) provided, the term "employment" shall include services
described in divisions (i) and (ii) of subparagraph
(a) of this paragraph if:
(i) the contract of service contemplates that
substantially all of the services are to be
performed personally by such individual;
(ii) the individual does not have a substantial
investment in facilities used in connection with
the performance of the services, other than in
facilities for transportation; and
(iii) the services are not in the nature of a single
transaction that is not part of a continuing
relationship with the person for whom the
services are performed.
(3) Service performed in the employ of this state or any of its
instrumentalities or any political subdivision thereof or any of its
instrumentalities or any instrumentality of more than one of the
foregoing or any instrumentality of any of the foregoing and one or
more other states or political subdivisions; provided, that such
service is excluded from "employment" as defined in the Federal
Unemployment Tax Act, 26 U.S.C., Section 3306(c)(7), and is not
excluded from "employment" under paragraph (7) of this section.
(4) Service performed by an individual in the employ of a
community chest, fund, foundation or corporation, organized and
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operated exclusively for religious, charitable, scientific, testing
for public safety, literary or educational purposes, or for the
prevention of cruelty to children or animals, no part of the net
earnings of which inures to the benefit of any private shareholder
or individual, no substantial part of the activities of which is
carrying on propaganda, or otherwise attempting to influence
legislation and which does not participate in, or intervene in,
including the publishing or distributing of statements, any
political campaign on behalf of any candidate for public office;
provided that such organization had four or more individuals in
employment for some portion of a day in each of twenty (20)
different weeks, whether or not such weeks were consecutive, within
either the calendar year or preceding calendar year, regardless of
whether they were employed at the same moment of time.
(5) Service performed by an individual in agricultural labor as
defined in subparagraph (a) of paragraph (15) of this section when:
(a) the service is performed for a person who:
(i) during any calendar quarter in either the
calendar year or the preceding calendar year,
paid remuneration in cash wages of Twenty
Thousand Dollars ($20,000.00) or more to
individuals employed in agricultural labor; or
(ii) for some portion of a day in each of twenty (20)
different calendar weeks, whether or not the
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weeks were consecutive, in either the calendar
year or the preceding calendar year, employed in
agricultural labor ten or more individuals,
regardless of whether they were employed at the
same moment of time.
(b) for the purposes of this paragraph any individual who
is a member of a crew furnished by a crew leader to
perform service in agricultural labor for any other
person shall be treated as an employee of the crew
leader:
(i) if the crew leader holds a valid certificate of
registration under the Farm Labor Contractor
Registration Act of 1963, Public Law 95-562, 29
U.S.C., Sections 1801 through 1872; or
substantially all the members of the crew operate
or maintain tractors, mechanized harvesting or
crop-dusting equipment, or any other mechanized
equipment, which is provided by the crew leader;
and
(ii) if the individual is not an employee of the other
person within the meaning of paragraph (1) of
this section or subparagraph (d) of this
paragraph.
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(c) for the purposes of this paragraph, in the case of any
individual who is furnished by a crew leader to
perform service in agricultural labor for any other
person and who is not treated as an employee of the
crew leader under subparagraph (b) of this paragraph:
(i) the other person and not the crew leader shall be
treated as the employer of the individual; and
(ii) the other person shall be treated as having paid
cash remuneration to the individual in an amount
equal to the amount of cash remuneration paid to
the individual by the crew leader, either on the
individual's own behalf or on behalf of the other
person, for the service in agricultural labor
performed for the other person.
(d) for the purposes of this paragraph, the term "crew
leader" means an individual who:
(i) furnishes individuals to perform service in
agricultural labor for any other person;
(ii) pays, either on the individual's own behalf or on
behalf of another person, the individuals so
furnished by the crew leader for the service in
agricultural labor performed by them; and
(iii) has not entered into a written agreement with the
other person (farm operator) under which the
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individual is designated as an employee of the
other person.
(6) The term "employment" shall include domestic service in a
private home, local college club or local chapter of a college
fraternity or sorority performed for a person or entity who paid
cash remuneration of One Thousand Dollars ($1,000.00) or more to
individuals employed in domestic service in any calendar quarter in
the calendar year or the preceding calendar year.
(7) For the purposes of paragraphs (3) and (4) of this section
the term "employment" does not apply to service performed:
(a) in the employ of:
(i) a church or convention or association of
churches;
(ii) an organization which is operated primarily for
religious purposes and which is operated,
supervised, controlled, or principally supported
by a church or convention or association of
churches; or
(iii) an elementary or secondary school which is
operated primarily for religious purposes, which
is described in 26 U.S.C., Section 501(c)(3), and
which is exempt from tax under 26 U.S.C., Section
501(a);
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(b) by a duly ordained, commissioned or licensed minister
of a church in the exercise of ministry or by a member
of a religious order in the exercise of duties
required by the order;
(c) in the employ of a governmental entity referred to in
paragraph (3) of this section if the service is
performed by an individual in the exercise of duties:
(i) as an elected official;
(ii) as a member of a legislative body, or a member of
the judiciary of a state or political
subdivision;
(iii) as a member of the State National Guard or Air
National Guard;
(iv) as an employee serving on a temporary basis in
case of fire, storm, snow, earthquake, flood or
similar emergency;
(v) in a position which, under or pursuant to the
laws of this state, is designated as a major
nontenured policymaking or advisory position, or
a policymaking or advisory position the
performance of the duties of which ordinarily
does not require more than eight (8) hours per
week;
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(vi) as an election official or election worker if the
amount of remuneration received by the individual
during the calendar year for services as an
election official or election worker is less than
One Thousand Dollars ($1,000.00);
(d) by an individual who is participating or enrolled in a
program of an organization that provides
rehabilitation through work for individuals whose
earning capacity is impaired by age, physical or
mental deficiency, or injury, or a program of an
organization that provides work for individuals who,
because of their impaired mental or physical capacity
cannot be readily absorbed into the competitive labor
market; provided that the services are performed by a
program participant on real property owned or leased
directly by the organization or by a program
participant working under a special certificate issued
by the U.S. Secretary of Labor pursuant to 29 U.S.C.,
Section 214(c) and 29 C.F.R., Section 525.1 et seq.;
(e) as part of an unemployment work-relief or work-
training program assisted or financed in whole or in
part by any federal agency or an agency of a state or
political subdivision thereof or of an Indian tribe,
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by an individual receiving such work-relief or work-
training; or
(f) by an inmate of a custodial or penal institution.
(8) The term "employment" shall include the service of an
individual who is a citizen of the United States, performed outside
the United States, except in Canada, in the employ of an American
employer other than service which is deemed "employment" under the
provisions of paragraph (11) or (12) of this section or the parallel
provisions of another state's law, if:
(a) the employer's principal place of business in the
United States is located in this state;
(b) the employer has no place of business in the United
States, but:
(i) the employer is an individual who is a resident
of this state;
(ii) the employer is a corporation which is organized
under the laws of this state; or
(iii) the employer is a partnership or a trust and the
number of the partners or trustees who are
residents of this state is greater than the
number who are residents of any one other state;
(c) none of the criteria of subparagraphs (a) and (b) of
this paragraph are met but the employer has elected
coverage in this state or, the employer having failed
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to elect coverage in any state, the individual has
filed a claim for benefits, based on such service,
under the laws of this state;
(d) an "American employer", for purposes of this
subsection, means a person who is:
(i) an individual who is a resident of the United
States;
(ii) a partnership if two-thirds (2/3) or more of the
partners are residents of the United States;
(iii) a trust, if all of the trustees are residents of
the United States; or
(iv) a corporation organized under the laws of the
United States or of any state; and
(e) the term "United States", for the purposes of this
subsection, includes the states, the District of
Columbia, the Commonwealth of Puerto Rico and the
Virgin Islands.
(9) Notwithstanding paragraph (11) of this section, all service
performed by an officer or member of the crew of an American vessel
on or in connection with the vessel, if the operating office, from
which the operations of the vessel operating on navigable waters
within, or within and without, the United States are ordinarily and
regularly supervised, managed, directed and controlled is within
this state.
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(10) Notwithstanding any other provisions of the Employment
Security Act of 1980, "employment":
(a) includes any service with respect to which a tax is
required to be paid under any federal law imposing a
tax against which credit may be taken for
contributions required to be paid into a state
unemployment fund; and
(b) includes any service which is required to be
"employment" for full tax credit to be allowed against
the tax imposed by the Federal Unemployment Tax Act of
1954, Public Law 591, Chapter 736, as amended, 26
U.S.C., Section 3301 et seq.
(11) The term "employment" shall include an individual's entire
service, performed within or both within and without this state if:
(a) the service is localized in this state; or
(b) the service is not localized in any state but some of
the service is performed in this state and:
(i) the individual's base of operations, or, if there
is no base of operations, then the place from
which the individual's employment is directed or
controlled is in this state; or
(ii) the individual's base of operations or place from
which the service is directed or controlled is
not in any state in which some part of the
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service is performed but the individual's
residence is in this state.
(12) (a) Services covered by an election pursuant to Section 3-
203 of this title; and
(b) services covered by an arrangement pursuant to Section
4-701 et seq. of this title between the Oklahoma
Employment Security Commission and the agency charged
with the administration of any other state or federal
unemployment compensation law, pursuant to which all
services performed by an individual for an employing
unit are deemed to be performed entirely within this
state,
shall be deemed to be employment if the Commission has approved an
election of the employing unit for whom such services are performed,
pursuant to which the entire service of such individual during the
period covered by such election is deemed to be insured work.
(13) Service shall be deemed to be localized within a state if:
(a) the service is performed entirely within such state;
or
(b) the service is performed both within and without such
state, but the service performed without such state is
incidental to the individual's service within the
state; for example, is temporary or transitory in
nature or consists of isolated transactions.
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(14) Notwithstanding any other provision of this subsection,
services performed by an individual for wages shall be deemed to be
employment subject to the Employment Security Act of 1980 if the
services are performed by the individual in an employer-employee
relationship with the employer using the 20-factor test used by the
Internal Revenue Service of the United States Department of Treasury
in Revenue Ruling 87-41, 1987-1 C.B. 296. The Oklahoma Employment
Security Commission shall have the exclusive authority to make a
determination of whether an individual is an independent contractor
or employee.
(15) The term "employment" shall not include:
(a) services performed by an individual in agricultural
labor, except as provided under paragraph (5) of this
section. Services performed by an individual who is a
nonresident alien admitted to the United States to
perform agricultural labor, pursuant to 8 U.S.C.,
Sections 1101(a), 1184(c) and 1188. For purposes of
this subparagraph, the term "agricultural labor" means
remunerated service performed in agricultural labor as
defined in the Federal Unemployment Tax Act, 26
U.S.C., Section 3306(k);
(b) domestic service, except as provided under paragraph
(6) of this section, in a private home, local college
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club, or local chapter of a college fraternity or
sorority;
(c) service performed by an individual in the employ of
his or her son, daughter, or spouse, and service
performed by a child under the age of twenty-one (21)
in the employ of his or her father or mother, or both
father and mother;
(d) service performed in the employ of the United States
government or an instrumentality of the United States
exempt under the Constitution of the United States
from the contributions imposed by the Employment
Security Act of 1980, except that to the extent that
the Congress of the United States shall permit states
to require any instrumentalities of the United States
to make payments into an unemployment fund under a
state unemployment compensation law, all of the
provisions of the Employment Security Act of 1980
shall be applicable to such instrumentalities, and to
services performed for such instrumentalities, in the
same manner, to the same extent, and on the same terms
as to all other employers, employing units,
individuals and services; provided that if this state
shall not be certified for any year by the Secretary
of Labor of the United States under the Federal
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Internal Revenue Code, 26 U.S.C., Section 3304(c), the
payments required of such instrumentalities with
respect to the year shall be refunded by the
Commission from the fund in the same manner and within
the same period as is provided in Section 3-304 of
this title with respect to contributions erroneously
collected;
(e) service with respect to which unemployment
compensation is payable under an unemployment
compensation system established by an act of Congress;
(f) service performed in the employ of a foreign
government, including service as a consul or other
officer or employee or a nondiplomatic representative;
(g) service performed in the employ of an instrumentality
wholly owned by a foreign government:
(i) if the service is of a character similar to that
performed in foreign countries by employees of
the United States government or of an
instrumentality thereof, and
(ii) if the Commission finds that the United States
Secretary of State has certified to the United
States Secretary of the Treasury that the foreign
government, with respect to whose instrumentality
exemption is claimed, grants an equivalent
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exemption with respect to similar service
performed in the foreign country by employees of
the United States government and of
instrumentalities thereof;
(h) service covered by an arrangement between the
Commission and the agency charged with the
administration of any other state or federal
unemployment compensation law pursuant to which all
services performed by an individual for an employing
unit during the period covered by such employing
unit's duly approved election, are deemed to be
performed entirely within the jurisdiction of such
other state or federal agency;
(i) service performed as a student nurse in the employ of
a hospital or a nurses' training school by an
individual who is enrolled and is regularly attending
classes in a nurses' training school chartered or
approved pursuant to state law; and service performed
as an intern in the employ of a hospital by an
individual who has completed a four-year course in a
medical school chartered or approved pursuant to state
law;
(j) service performed by an individual for a person, firm,
association, trust, partnership or corporation as an
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insurance agent, or as an insurance solicitor or as a
licensed real estate agent, if all such service
performed by such individual for such person is
performed for remuneration solely by way of
commissions or fees;
(k) service performed by an individual under the age of
eighteen (18) in the delivery and distribution of
newspapers or shopping news, not including delivery or
distribution to any point for subsequent delivery or
distribution, and services performed by an individual
eighteen (18) years of age or older who meets the
definition of a "direct seller" as defined in 26
U.S.C., Section 3508(b)(2), that states in pertinent
part:
(i) the individual must be engaged in the delivery or
distribution of newspapers or shopping news,
including any services directly related to such
trade or business,
(ii) substantially all the remuneration, whether or
not paid in cash, for the performance of the
services described in division (i) of this
subparagraph is directly related to sales or
other output, including the performance of
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services, rather than the number of hours worked,
and
(iii) the services performed by the individual are
performed pursuant to a written contract between
the person and the person for whom the services
are performed and the contract provides that the
person will not be treated as an employee with
respect to the services;
(l) service performed in the employ of a school, college
or university, if the service is performed:
(i) by a student who is enrolled and is regularly
attending classes at the school, college, or
university, or
(ii) by the spouse of the student, if the spouse is
advised, at the time the spouse commences to
perform the service, that:
(I) the employment of the spouse to perform the
service is provided under a program to
provide financial assistance to the student
by the school, college, or university, and
(II) the employment will not be covered by any
program of unemployment insurance;
(m) service performed by an individual who is enrolled at
a nonprofit or public educational institution which
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normally maintains a regular faculty and curriculum
and normally has a regularly organized body of
students in attendance at the place where its
educational activities are carried on as a student in
a full-time program, taken for credit at the
institution, which combines academic instruction with
work experience, if the service is an integral part of
the program, and the institution has so certified to
the employer, except that this provision shall not
apply to service performed in a program established
for or on behalf of an employer or group of employers;
(n) service performed in the employ of a hospital, if the
service is performed by a patient of the hospital;
(o) services performed by cooperative extension personnel
holding federal appointments employed by state
institutions of higher learning;
(p) earnings of employees being paid by state warrants who
are presently covered by the Federal Unemployment
Compensation Act, 5 U.S.C., Section 8501 et seq., by
virtue of their federal status;
(q) cosmetology services performed by an individual in a
beauty shop, as defined by Section 199.1 of Title 59
of the Oklahoma Statutes, pursuant to an agreement
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whereby the owner of the beauty shop leases or rents
facilities for cosmetology to such individual;
(r) barbering services performed by an individual in a
barber shop, as defined by Section 61.5 of Title 59 of
the Oklahoma Statutes, pursuant to an agreement
whereby the owner of the barber shop leases or rents
facilities for barbering to such individual;
(s) services performed as a participant in a work or
training program administered by the Department of
Human Services;
(t) riding services performed by a jockey and services
performed by a trainer of racehorses in preparation
for and during an approved race meeting licensed by
the Oklahoma Horse Racing Commission;
(u) service performed by an individual whose remuneration
consists solely of commissions, overrides, bonuses,
and differentials related to sales or other output
derived from in-person sales to, or solicitation of
orders from, ultimate consumers primarily in the home,
or otherwise than in a permanent retail establishment;
(v) service performed by a person, commonly referred to as
"owner-operator", who owns or leases a truck-tractor
or truck for hire, provided the owner-operator
actually operates the truck-tractor or truck and,
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further, that the entity contracting with the owner-
operator is not the lessor of the truck-tractor or
truck;
(w) services performed as a chopper of cotton who weeds or
thins cotton crops by hand or hoe. This subsection
shall be interpreted and applied consistently with the
Federal Unemployment Tax Act, 26 U.S.C., Sections
3304(a)(6)(A) and 3306(k);
(x) services performed for a private for-profit person or
entity by an individual as a landman:
(i) if the individual is engaged primarily in
negotiating for the acquisition or divestiture of
mineral rights or negotiating business agreements
that provide for the exploration for or
development of minerals,
(ii) if substantially all remuneration paid in cash or
otherwise for the performance of the services is
directly related to the completion by the
individual of the specific tasks contracted for
rather than to the number of hours worked by the
individual, and
(iii) if the services performed by the individual are
performed under a written contract between the
individual and the person for whom the services
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are performed; provided that the individual is to
be treated as an independent contractor and not
as an employee with respect to the services
provided under the contract; or
(y) services performed by persons working under an
AmeriCorps grant from the Corporation for National
Service made pursuant to the National and Community
Service Act of 1990 (NCSA) codified at 42 U.S.C.,
Section 12501 et seq.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 4-508, as
amended by Section 22, Chapter 360, O.S.L. 2022 (40 O.S. Supp.
2025, Section 4-508), is amended to read as follows:
Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE.
A. Except as otherwise provided by law, information obtained
from any employing unit or individual pursuant to the administration
of the Employment Security Act of 1980, any workforce system program
administered or monitored by the Oklahoma Employment Security
Commission, and determinations as to the benefit rights of any
individual shall be kept confidential and shall not be disclosed or
be open to public inspection in any manner revealing the
individual's or employing unit's identity. Any claimant, employer,
or agent of either as authorized in writing, shall be supplied with
information from the records of the Oklahoma Employment Security
Commission, to the extent necessary for the proper presentation of
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the claim or complaint in any proceeding under the Employment
Security Act of 1980, with respect thereto.
B. Upon receipt of written request by any employer who
maintains a Supplemental Unemployment Benefit (SUB) Plan, the
Commission or its designated representative may release to that
employer information regarding weekly benefit amounts paid its
workers during a specified temporary layoff period, provided the
Supplemental Unemployment Benefit (SUB) Plan requires benefit
payment information before Supplemental Unemployment Benefits can be
paid to the workers. Any information disclosed under this provision
shall be utilized solely for the purpose outlined herein and shall
be held strictly confidential by the employer.
C. The provisions of this section shall not prevent the
Commission from disclosing the following information and no
liability whatsoever, civil or criminal, shall attach to any member
of the Commission or any employee thereof for any error or omission
in the disclosure of this information:
1. The delivery to taxpayer or claimant a copy of any report or
other paper filed by the taxpayer or claimant pursuant to the
Employment Security Act of 1980;
2. The disclosure of information to any person for a purpose as
authorized by the taxpayer or claimant pursuant to a waiver of
confidentiality. The waiver shall be in writing and shall be
notarized;
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3. The Oklahoma Department of Commerce may have access to data
obtained pursuant to the Employment Security Act of 1980 pursuant to
rules promulgated by the Commission. The information obtained shall
be held confidential by the Department and any of its agents and
shall not be disclosed or be open to public inspection. The
Oklahoma Department of Commerce, however, may release aggregated
data, either by industry or county, provided that the aggregation
meets disclosure requirements of the Commission;
4. The publication of statistics so classified as to prevent
the identification of a particular report and the items thereof;
5. The disclosing of information or evidence to the Attorney
General or any district attorney when the information or evidence is
to be used by the officials or other parties to the proceedings to
prosecute or defend allegations of violations of the Employment
Security Act of 1980. The information disclosed to the Attorney
General or any district attorney shall be kept confidential by them
and not be disclosed except when presented to a court in a
prosecution of a violation of Section 1-101 et seq. of this title,
and a violation by the Attorney General or district attorney by
otherwise releasing the information shall be a felony;
6. The furnishing, at the discretion of the Commission, of any
information disclosed by the records or files to any official person
or body of this state, any other state or of the United States who
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is concerned with the administration of assessment of any similar
tax in this state, any other state or the United States;
7. The furnishing of information to other state agencies for
the limited purpose of aiding in the collection of debts owed by
individuals to the requesting agencies or the Oklahoma Employment
Security Commission;
8. The release of information to employees of the Department of
Transportation required for use in federally mandated regional
transportation planning, which is performed as a part of its
official duties;
9. The release of information to employees of the State
Treasurer's office required to verify or evaluate the effectiveness
of the Oklahoma Small Business Linked Deposit Program on job
creation;
10. The release of information to employees of the Attorney
General, the Department of Labor, the Workers' Compensation
Commission and the Insurance Department for use in investigation of
workers' compensation fraud;
11. The release of information to employees of any state,
county, municipal or tribal law enforcement agency for use in
criminal investigations and the location of missing persons or
fugitives from justice;
12. The release of information to employees of the Center of
International Trade, Oklahoma State University, required for the
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development of International Trade for employers doing business in
this state;
13. The release of information to employees of the Oklahoma
State Regents for Higher Education required for use in the default
prevention efforts and/or collection of defaulted student loans
guaranteed by the Oklahoma Guaranteed Student Loan Program. Any
information disclosed under this provision shall be utilized solely
for the purpose outlined herein and shall be held strictly
confidential by the Oklahoma State Regents for Higher Education;
14. The release of information to employees of the Oklahoma
Department of Career and Technology Education, the Oklahoma State
Regents for Higher Education, the Center for Economic and Management
Research of the University of Oklahoma, the Center for Economic and
Business Development at Southwestern Oklahoma State University or a
center of economic and business research or development at a
comprehensive or regional higher education institution within The
Oklahoma State System of Higher Education required to identify
economic trends or educational outcomes. The information obtained
shall be kept confidential by the Oklahoma Department of Career and
Technology Education, the Oklahoma State Regents for Higher
Education and the higher education institution and shall not be
disclosed or be open to public inspection. The Oklahoma Department
of Career and Technology Education, the Oklahoma State Regents for
Higher Education and the higher education institution may release
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aggregated data, provided that the aggregation meets disclosure
requirements of the Commission;
15. The release of information to employees of the Office of
Management and Enterprise Services required to identify economic
trends. The information obtained shall be kept confidential by the
Office of Management and Enterprise Services and shall not be
disclosed or be open to public inspection. The Office of Management
and Enterprise Services may release aggregate data, provided that
the aggregation meets disclosure requirements of the Oklahoma
Employment Security Commission;
16. The release of information to employees of the Department
of Mental Health and Substance Abuse Services required to evaluate
the effectiveness of mental health and substance abuse treatment and
state or local programs utilized to divert persons from inpatient
treatment. The information obtained shall be kept confidential by
the Department and shall not be disclosed or be open to public
inspection. The Department of Mental Health and Substance Abuse
Services, however, may release aggregated data, either by treatment
facility, program or larger aggregate units, provided that the
aggregation meets disclosure requirements of the Oklahoma Employment
Security Commission;
17. The release of information to employees of the Attorney
General, the Oklahoma State Bureau of Investigation and the
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Insurance Department for use in the investigation of insurance fraud
and health care fraud;
18. The release of information to employees of public housing
agencies for purposes of determining eligibility pursuant to 42
U.S.C., Section 503(i);
19. The release of wage and benefit claim information, at the
discretion of the Commission, to an agency of this state or its
political subdivisions that operate a program or activity designated
as a required partner in the Workforce Innovation and Opportunity
Act One-Stop delivery system pursuant to 29 U.S.C.A., Section
3151(b)(1), based on a showing of need made to the Commission and
after an agreement concerning the release of information is entered
into with the entity receiving the information. For the limited
purpose of completing performance accountability reports required by
the Workforce Innovation and Opportunity Act, only those designated
required partners that meet the 20 CFR Section 603.2(d) definition
of public official may contract with a private agent or contractor
pursuant to 20 CFR Section 603.5(f) for the purpose of the private
agent or contractor receiving confidential unemployment compensation
information to the extent necessary to complete the performance
accountability reports;
20. The release of information to the State Wage Interchange
System, at the discretion of the Commission;
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21. The release of information to the Bureau of the Census of
the U.S. Department of Commerce, the Bureau of Labor Statistics of
the U.S. Department of Labor, and its agents employed by the
Oklahoma Department of Labor for the purpose of economic and
statistical research;
22. The release of employer tax information and benefit claim
information to the Oklahoma Health Care Authority for use in
determining eligibility for a program that will provide subsidies
for health insurance premiums for qualified employers, employees,
self-employed persons and unemployed persons;
23. The release of employer tax information and benefit claim
information to the State Department of Rehabilitation Services for
use in assessing results and outcomes of clients served;
24. The release of information to any state or federal law
enforcement authority when necessary in the investigation of any
crime in which the Commission is a victim. Information that is
confidential under this section shall be held confidential by the
law enforcement authority unless and until it is required for use in
court in the prosecution of a defendant in a criminal prosecution;
25. The release of information to vendors that contract with
the Oklahoma Employment Security Commission to provide for the
issuance of debit cards, to conduct electronic fund transfers, to
perform computer programming operations, or to perform computer
maintenance or replacement operations; provided the vendor agrees to
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protect and safeguard the information it receives and to destroy the
information when no longer needed for the purposes set out in the
contract;
26. The release of information to employees of the Office of
Juvenile Affairs for use in assessing results and outcomes of
clients served as well as the effectiveness of state and local
juvenile and justice programs including prevention and treatment
programs. The information obtained shall be kept confidential by
the Office of Juvenile Affairs and shall not be disclosed or be open
to public inspection. The Office of Juvenile Affairs may release
aggregated data for programs or larger aggregate units, provided
that the aggregation meets disclosure requirements of the Oklahoma
Employment Security Commission;
27. The release of information to vendors that contract with
the State of Oklahoma for the purpose of providing a public
electronic labor exchange system that will support the Oklahoma
Employment Security Commission's operation of an employment service
system to connect employers with job seekers and military veterans.
This labor exchange system would enhance the stability and security
of Oklahoma's economy as well as support the provision of veterans'
priority of service. The vendors may perform computer programming
operations, perform computer maintenance or replacement operations,
or host the electronic solution; provided, each vendor agrees to
protect and safeguard all information received, that no information
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shall be disclosed to any third party, that the use of the
information shall be restricted to the scope of the contract, and
that the vendor shall properly dispose of all information when no
longer needed for the purposes set out in the contract; or
28. The release of employer tax information and benefit claim
information to employees of a county public defender's office in
this state and the Oklahoma Indigent Defense System for the purpose
of determining financial eligibility for the services provided by
such entities; or
29. The Oklahoma Workforce Commission, based on a showing of
need made to the Oklahoma Employment Security Commission and after
an agreement concerning the release of information is entered, may
have access to data obtained pursuant to the Employment Security Act
of 1980 pursuant to rules promulgated by the Oklahoma Employment
Security Commission. The information obtained shall be held
confidential by law, shall not be disclosed, shall not be subject to
open records or freedom of information, and shall not be subject to
subpoena. The Oklahoma Workforce Commission, however, may release
aggregated data; provided that the aggregation meets disclosure
requirements of the Oklahoma Employment Security Commission.
D. Subpoenas to compel disclosure of information made
confidential by this statute shall not be valid, except for
administrative subpoenas issued by federal, state, or local
governmental agencies that have been granted subpoena power by
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statute or ordinance. Confidential information maintained by the
Commission can be obtained by order of a court of record that
authorizes the release of the records in writing. All
administrative subpoenas or court orders for production of documents
must provide a minimum of twenty (20) days from the date it is
served for the Commission to produce the documents. If the date on
which production of the documents is required is less than twenty
(20) days from the date of service, the subpoena or order shall be
considered void on its face as an undue burden or hardship on the
Commission. All administrative subpoenas, court orders or notarized
waivers of confidentiality authorized by paragraph 2 of subsection C
of this section shall be presented with a request for records within
ninety (90) days of the date the document is issued or signed, and
the document can only be used one time to obtain records.
E. Should any of the disclosures provided for in this section
require more than casual or incidental staff time, the Commission
shall charge the cost of the staff time to the party requesting the
information.
F. It is further provided that the provisions of this section
shall be strictly interpreted and shall not be construed as
permitting the disclosure of any other information contained in the
records and files of the Commission.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of _________, 2026.
Presiding Officer of the Senate