BILL
NO. 970 By: Floyd
of the Senate
and
Townley
and Provenzano of the House
An Act relating to the Oklahoma Open
Records Act; amending 51 O.S. 2021, Sections 24A.3, 24A.7, and 24A.10, which
relate to definitions, personnel records and voluntarily supplied information;
modifying definition; allowing confidentiality of personnel records at the sole
discretion of public body; requiring confidentiality for certain voluntarily
provided information; and updating statutory reference.
SUBJECT: Oklahoma Open Records Act
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.3, is amended to
read as follows:
Section
24A.3. As
1. "Record" means all documents,
including, but not limited to, any book, paper, photograph, microfilm, data
files created by or , or their representatives in
connection with the transaction of public b
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is required by other
laws or regulations, vehicle movement records of the Oklahoma Transportation
Authority obtained in connection with the Authority's electronic toll collection
system,
d. personal financial information, credit
reports or other financial data obtained by or submitted to a public body for
the purpose of evaluating credit worthiness, obtaining a license, permit,
or for the purpose of becoming qualified to contract with a public body,
e. any digital audio/video recordings of the
toll collection and safeguarding activities of the Oklahoma Transportation
Authority,
f. any personal information provided by a guest
at any facility owned or operated by the Oklahoma Tourism and Recreation
Department or the Board of Tr
g. a Department of Defense Form 214 (DD Form
214) filed with a county clerk, including any DD Form 214 filed before
July 1, 2002, or
h. except as provided for in Section 2-110 of
Title 47 of the Oklahoma Statutes,
(1) any record in connection with a Motor Vehicle
Report issued by the Department of Public Safety, as prescribed in Section
6-117 of Title 47 of the Oklahoma Statutes, or
(2) personal information within driver records, as
defined by the Driver's Privacy Protection Act, 18 United States Code, Sections
2721 through 2725, which are stored and maintained by the Department of Public
Safety, or
i. any portion of any document or information
provided to an agency or entity of the state or a political subdivision to
obtain licensure under the laws of this state or a political subdivision that
contains an applicant's personal address, personal phone number, personal
electronic mail address or other contact information. Provided, however, lists of persons licensed,
the existence of a license of a person, or a business or commercial address, or
other business or commercial information disclosable under state law submitted
with an application for licensure shall be public record;
2. "Public body" shall include, but
not be limited to, any office, department, board, bureau, commission, agency,
tr, or any
subdivision thereof, supported in whole or in part by public funds or entr, or legislators;
3. "Public office" means the physical
location where public bodies conduct b
4. "Public official" means any
official or employee of any public body as defined herein; and
5.
"Law enforcement agency" means any public body charged with
enforcing state or local criminal laws and initiating criminal prosecutions,
including, but not limited to, police departments, county sheriffs, the
Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangero
SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.7, is amended to
read as follows:
Section
24A.7. A. A At the sole discretion of the
public body, a public body may keep personnel records confidential:
1. Which relate to internal personnel
investigations including examination and selection material for employment,
hiring, appointment, promotion, demotion, discipline, or resignation; or
2. Where disclosure would constitute a clearly
unwarranted invasion of personal privacy such as employee evaluations, payroll
deductions, employment applications submitted by persons not hired by the
public body, and transcripts from institutions of higher education
maintained in the personnel files of certified public school employees;
provided, however, that nothing in this subsection shall be construed to exempt
from disclosure the degree obtained and the curriculum on the transcripts of
certified public school employees.
B. All personnel records not specifically falling
within the exceptions provided in subsection A or D of this section shall be
available for public inspection and copying including, but not limited to,
records of:
1. An employment application of a person who
becomes a public official;
2. The gross receipts of public funds;
3. The dates of employment, title or position;
and
4. Any final disciplinary action resulting in
loss of pay, suspension, demotion of position, or termination.
C. Except as may otherwise be made confidential
by statute, an employee of a public body shall have a right of access to his
own personnel file.
D. The home addresses, home telephone numbers,
Social Security numbers, private email addresses, and private mobile phone
numbers of current and former public employees shall not be open to public
inspection or disclosure; provided, however, that nothing in this subsection
shall be construed to exempt from disclosure public records created using a
private email address or private mobile phone.
E. Except as otherwise required by Section
6-101.16 of Title 70 of the Oklahoma Statutes, public bodies shall keep
confidential all records created pursuant to the Oklahoma Teacher and Leader
Effectiveness Evaluation System (TLE) which identify a current or former public
employee and contain any evaluation, observation or other TLE record of such
employee.
SECTION 3. AMENDATORY 51 O.S. 2021, Section 24A.10, is amended
to read as follows:
Section
24A.10. A. Any information, records or other material
heretofore voluntarily supplied to any state agency, board or commission shall
be subject to full disclosure pursuant to Section 24A.1 et seq. of this title.
B. If disclosure would give an unfair advantage
to competitors or bidders, a public body may keep confidential records relating
to:
1. Bid specifications for competitive bidding
prior to publication by the public body; or
2. Contents of sealed bids prior to the opening
of bids by a public body; or
3. Computer programs or software but not data
thereon; or
4. Appraisals relating to the sale or
acquisition of real estate by a public body prior to award of a contract; or
5. The prospective location of a private
business or industry prior to public disclosure of such prospect except for
records otherwise open to inspection such as applications for permits or
licenses.
C. Except as set forth hereafter, the Oklahoma
Department of Commerce, the Oklahoma Department of Career and Technology
Education, the technology center school districts, the Oklahoma Film and Music
Office, institutions within the Oklahoma State System of Higher Education,
and the Department of Corrections may keep confidential:
1. Business plans, feasibility studies,
financing proposals, marketing plans, financial statements or trade secrets
submitted by a person or entity seeking economic advice, business development
or customized training from such Departments or school districts;
2. Proprietary information of the business
submitted to the Department or school districts for the purpose of business
development or customized training, and related confidentiality agreements
detailing the information or records designated as confidential; and
3. Information compiled by such Departments or
school districts in response to those submissions.
The
Oklahoma Department of Commerce, the Oklahoma Department of Career and
Technology Education, the technology center school districts, the Oklahoma Film
and Music Office, institutions within the Oklahoma State System of Higher
Education, and the Department of Corrections may not keep confidential
that submitted information when and to the extent the person or entity
submitting the information consents to disclosure.
D. Although they m, including records of the
address, rate paid for services, charges, consumption rates, adj, and payment for
each cmay shall keep
confidential and shall redact from any record, personal email addresses,
credit information, credit card numbers, telephone numbers, social security
numbers, bank account information for individual c,
and any portion of any record that contains the name or any other identifier
of the occupants of any residential structure.
Public bodies that provide utility services to the public may keep
confidential utility supply and utility equipment supply contracts for any
indthis act the Oklahoma
Open Records Act.
Passed the Senate the 12th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor
this ____________________ day of ___________________, 20_______, at _______
o'clock _______ M.
By:
_________________________________
Approved by the Governor of the
State of Oklahoma this _________ day of ___________________, 20_______, at
_______ o'clock _______ M.
_________________________________
Governor
of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary
of State this __________ day of __________________, 20 _______, at _______
o'clock _______ M.
By:
_________________________________