Bill Text For SB0970 - Enrolled

ENGROSSED HOUSE AMENDMENT

ENROLLED SENATE

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 used in the Oklahoma Open Records Act:

 

1.  "Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property.  "Record" does not mean:

 

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 Trustees of the Quartz Mountain Arts and Conference Center and Nature Park to obtain any service at the facility or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Department or the Quartz Mountain Arts and Conference Center and Nature Park,

 

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, trusteeship, authority, council, committee, trust or any entity created by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof.  Except for the records required by Section 24A.4 of this title, "public body" does not mean judges, justices, the Council on Judicial Complaints, the Legislature, or legislators;

 

3.  "Public office" means the physical location where public bodies conduct business or keep records;

 

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 Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, and the Oklahoma State Bureau of Investigation.

 

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 must provide public access to their records, including records of the address, rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, the name of the person that authorized the adjustment, and payment for each customer, public bodies that provide utility services to the public 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 customers, 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 industrial customer with a connected electric load in excess of two thousand five hundred (2,500) kilowatts if public access to such contracts would give an unfair advantage to competitors of the customer; provided that, where a public body performs billing or collection services for a utility regulated by the Corporation Commission pursuant to a contractual agreement, any customer or individual payment data obtained or created by the public body in performance of the agreement shall not be a record for purposes of 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

                                               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: _________________________________

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