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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3725 By: Shaw
AS INTRODUCED
An Act relating to labor; requiring employers to use
e-verification; defining terms; defining
requirements; directing Department of Labor to
implement online portal system; directing Department
to publish annual reports; implementing penalties;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 201.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section, "status verification system" or "e-
verification" means an electronic system operated by the federal
government, through which an authorized official of an agency of the
State of Oklahoma or of a political subdivision therein may make an
inquiry, by exercise of authority delegated pursuant to 8 U.S.C.,
Section 1373, to verify or ascertain the citizenship or immigration
status of any individual within the jurisdiction of the agency for
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any purpose authorized by subsection B of this section. The status
verification system shall be deemed to include:
1. The E-Verify Program of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996, P.L. 104-208, Division C,
Section 403(a), 8 U.S.C., Section 1324a, and operated by the United
States Department of Homeland Security, known as the E-Verify
Program;
2. Any equivalent federal program designated by the United
States Department of Homeland Security or any other federal agency
authorized to verify the work eligibility status of newly hired
employees, pursuant to the Immigration Reform and Control Act of
1986 (IRCA), D.L. 99-603; or
3. Any other independent, third-party system with an equal or
higher degree of reliability as the programs, systems, or processes
described in this subsection.
B. Every employer registered to do business in the State of
Oklahoma shall utilize a status verification system for new hires,
including full-time, part-time, and seasonal new hires.
C. This section does not apply to the following:
1. Independent contractors;
2. Returning seasonal employees if rehired within twelve (12)
months if the employee was already authorized under the status
verification system. This provision is void if the employer falsely
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classifies an employee as a seasonal employee for purposes of this
act or fails to complete the original certification; and
3. Individuals not classified as employees.
D. Agricultural employers may designate qualified third
parties, including cooperatives, farm bureaus, payroll service
providers, or licensed employer agents to submit e-verification
checks on their behalf.
E. An employer that utilizes the E-Verify Program operated by
the United States Department of Homeland Security, or any successor
program formally designated by the federal government for employment
eligibility verification under the Immigration Reform and Control
Act of 1986, shall be presumed to be in compliance with the
requirements of this section, absent evidence of intentional or
knowing violation. Use of any alternative verification system shall
not diminish an employer’s obligations under federal law nor negate
the procedural protections afforded under federal employment
eligibility verification requirements.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 201.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Labor shall create a centralized online
portal maintaining all forms, instructions, multilingual guidance,
and training modules relevant to the status verification system and
requirements. Employers with fifty or more employees shall begin
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using the status verification system within ninety (90) days and all
other employers shall begin using the status verification system
within one hundred eighty (180) days after the Department finalizes
and providing access to the online portal.
B. The Department shall create and publish an annual statewide
report identifying compliance rates, enforcement actions, high-risk
industries, and recommended refinements.
C. Any report published pursuant to this section shall present
data in aggregate form and shall not disclose the identity of any
specific employer unless an enforcement action has become final at
the Department level.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 201.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. A fine of not less than One Hundred Dollars ($100.00) nor
more than Five Hundred Dollars ($500.00) for each offense shall be
incurred for any employer who knowingly violates the requirements
under this act. Clerical errors, isolated data-entry mistakes, and
system-caused inconsistency shall not be considered violations.
B. An employer who repeatedly violates Section 1 of this act
shall be fined based on the following occurrences:
1. A fine of Five Thousand Dollars ($5,000.00) for every month
an employer continues employing an individual after receiving
nonconfirmation; and
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2. A fine of no less than One Thousand Dollars ($1,000) for
every repeat offense in subsection A of this section
C. An employer shall not be considered in violation of this act
for continuing to employ an individual during the period in which
the individual is lawfully contesting or resolving a tentative
nonconfirmation through the status verification system, provided the
employer complies with all federal notice and procedural
requirements. Enforcement actions and penalties under this section
shall apply only after a final nonconfirmation has been issued and
all applicable appeal or correction procedures have been exhausted.
SECTION 4. This act shall become effective November 1, 2026.
60-2-15391 TKR 01/12/26