BILL NO. 970 By: Floyd of the Senate
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:
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,
, 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
"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:
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
, 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;
2. Contents of sealed bids prior to the opening
of bids by a public body;
3. Computer programs or software but not data
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.
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
, 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 c may 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
ind this 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