1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 970 By: Floyd
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Open Records Act;
7 amending 51 O.S. 2011, Sections 24A.3, as amended by
8 Section 2, Chapter 266, O.S.L. 2014, 24A.7, as
8 amended by Section 1, Chapter 130, O.S.L. 2014 and
9 24A.10, as last amended by Section 1, Chapter 197,
9 O.S.L. 2018 (51 O.S. Supp. 2020, Sections 24A.3,
10 24A.7 and 24A.10), which relate to definitions,
10 personnel records and voluntarily supplied
11 information; modifying definition; allowing
11 confidentiality of personnel records at the sole
12 discretion of public body; requiring confidentiality
12 for certain voluntarily provided information;
13 updating statutory reference; and providing an
13 effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.3, as
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18 amended by Section 2, Chapter 266, O.S.L. 2014 (51 O.S. Supp. 2020,
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19 Section 24A.3), is amended to read as follows:
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20 Section 24A.3. As used in the Oklahoma Open Records Act:
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21 1. “Record” means all documents, including, but not limited to,
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22 any book, paper, photograph, microfilm, data files created by or
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23 used with computer software, computer tape, disk, record, sound
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24 recording, film recording, video record or other material regardless
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 1 of physical form or characteristic, created by, received by, under
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2 the authority of, or coming into the custody, control or possession
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3 of public officials, public bodies, or their representatives in
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4 connection with the transaction of public business, the expenditure
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5 of public funds or the administering of public property. “Record”
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6 does not mean:
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7 a. computer software,
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8 b. nongovernment personal effects,
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9 c. unless public disclosure is required by other laws or
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10 regulations, vehicle movement records of the Oklahoma
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11 Transportation Authority obtained in connection with
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12 the Authority’s electronic toll collection system,
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13 d. personal financial information, credit reports or
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14 other financial data obtained by or submitted to a
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15 public body for the purpose of evaluating credit
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16 worthiness, obtaining a license, permit, or for the
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17 purpose of becoming qualified to contract with a
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18 public body,
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19 e. any digital audio/video recordings of the toll
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20 collection and safeguarding activities of the Oklahoma
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21 Transportation Authority,
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22 f. any personal information provided by a guest at any
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23 facility owned or operated by the Oklahoma Tourism and
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24 Recreation Department or the Board of Trustees of the
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 1 Quartz Mountain Arts and Conference Center and Nature
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2 Park to obtain any service at the facility or by a
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3 purchaser of a product sold by or through the Oklahoma
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4 Tourism and Recreation Department or the Quartz
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5 Mountain Arts and Conference Center and Nature Park,
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6 g. a Department of Defense Form 214 (DD Form 214) filed
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7 with a county clerk, including any DD Form 214 filed
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8 before July 1, 2002, or
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9 h. except as provided for in Section 2-110 of Title 47 of
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10 the Oklahoma Statutes,
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11 (1) any record in connection with a Motor Vehicle
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12 Report issued by the Department of Public Safety,
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13 as prescribed in Section 6-117 of Title 47 of the
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14 Oklahoma Statutes, or
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15 (2) personal information within driver records, as
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16 defined by the Driver’s Privacy Protection Act,
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17 18 United States Code, Sections 2721 through
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18 2725, which are stored and maintained by the
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19 Department of Public Safety; or
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20 i. any information provided to a state agency or entity
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21 that will be utilized to provide a license or
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22 certificate to an individual including, but not
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23 limited to, an applicant’s personal address, phone
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24 number, other contact information or any other
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 1 material provided in order to qualify for or receive a
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2 license or certificate. Provided, however, the
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3 license or certificate shall be a public record.
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4 2. “Public body” shall include, but not be limited to, any
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5 office, department, board, bureau, commission, agency, trusteeship,
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6 authority, council, committee, trust or any entity created by a
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7 trust, county, city, village, town, township, district, school
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8 district, fair board, court, executive office, advisory group, task
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9 force, study group, or any subdivision thereof, supported in whole
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10 or in part by public funds or entrusted with the expenditure of
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11 public funds or administering or operating public property, and all
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12 committees, or subcommittees thereof. Except for the records
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13 required by Section 24A.4 of this title, “public body” does not mean
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14 judges, justices, the Council on Judicial Complaints, the
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15 Legislature, or legislators;
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16 3. “Public office” means the physical location where public
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17 bodies conduct business or keep records;
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18 4. “Public official” means any official or employee of any
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19 public body as defined herein; and
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20 5. “Law enforcement agency” means any public body charged with
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21 enforcing state or local criminal laws and initiating criminal
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22 prosecutions, including, but not limited to, police departments,
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23 county sheriffs, the Department of Public Safety, the Oklahoma State
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24 Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
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 1 Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
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2 of Investigation.
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3 SECTION 2. AMENDATORY 51 O.S. 2011, Section 24A.7, as
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4 amended by Section 1, Chapter 130, O.S.L. 2014 (51 O.S. Supp. 2020,
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5 Section 24A.7), is amended to read as follows:
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6 Section 24A.7. A. A At the sole discretion of the public body,
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7 a public body may keep personnel records confidential:
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8 1. Which relate to internal personnel investigations including
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9 examination and selection material for employment, hiring,
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10 appointment, promotion, demotion, discipline, or resignation; or
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11 2. Where disclosure would constitute a clearly unwarranted
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12 invasion of personal privacy such as employee evaluations, payroll
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13 deductions, employment applications submitted by persons not hired
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14 by the public body, and transcripts from institutions of higher
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15 education maintained in the personnel files of certified public
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16 school employees; provided, however, that nothing in this subsection
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17 shall be construed to exempt from disclosure the degree obtained and
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18 the curriculum on the transcripts of certified public school
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19 employees.
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20 B. All personnel records not specifically falling within the
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21 exceptions provided in subsection A of this section shall be
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22 available for public inspection and copying including, but not
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23 limited to, records of:
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 1 1. An employment application of a person who becomes a public
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2 official;
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3 2. The gross receipts of public funds;
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4 3. The dates of employment, title or position; and
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5 4. Any final disciplinary action resulting in loss of pay,
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6 suspension, demotion of position, or termination.
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7 C. Except as may otherwise be made confidential by statute, an
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8 employee of a public body shall have a right of access to his own
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9 personnel file.
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10 D. Public bodies shall keep confidential the home address,
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11 telephone numbers and social security numbers of any person employed
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12 or formerly employed by the public body.
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13 E. Except as otherwise required by Section 6-101.16 of Title 70
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14 of the Oklahoma Statutes, public bodies shall keep confidential all
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15 records created pursuant to the Oklahoma Teacher and Leader
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16 Effectiveness Evaluation System (TLE) which identify a current or
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17 former public employee and contain any evaluation, observation or
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18 other TLE record of such employee.
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19 SECTION 3. AMENDATORY 51 O.S. 2011, Section 24A.10, as
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20 last amended by Section 1, Chapter 197, O.S.L. 2018 (51 O.S. Supp.
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21 2020, Section 24A.10), is amended to read as follows:
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22 Section 24A.10. A. Any information, records or other material
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23 heretofore voluntarily supplied to any state agency, board or
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 1 commission shall be subject to full disclosure pursuant to Section
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2 24A.1 et seq. of this title.
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3 B. If disclosure would give an unfair advantage to competitors
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4 or bidders, a public body may keep confidential records relating to:
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5 1. Bid specifications for competitive bidding prior to
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6 publication by the public body; or
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7 2. Contents of sealed bids prior to the opening of bids by a
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8 public body; or
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9 3. Computer programs or software but not data thereon; or
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10 4. Appraisals relating to the sale or acquisition of real
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11 estate by a public body prior to award of a contract; or
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12 5. The prospective location of a private business or industry
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13 prior to public disclosure of such prospect except for records
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14 otherwise open to inspection such as applications for permits or
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15 licenses.
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16 C. Except as set forth hereafter, the Oklahoma Department of
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17 Commerce, the Oklahoma Department of Career and Technology
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18 Education, the technology center school districts, the Oklahoma Film
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19 and Music Office, institutions within the Oklahoma State System of
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20 Higher Education, and the Department of Corrections may keep
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21 confidential:
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22 1. Business plans, feasibility studies, financing proposals,
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23 marketing plans, financial statements or trade secrets submitted by
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 1 a person or entity seeking economic advice, business development or
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2 customized training from such Departments or school districts;
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3 2. Proprietary information of the business submitted to the
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4 Department or school districts for the purpose of business
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5 development or customized training, and related confidentiality
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6 agreements detailing the information or records designated as
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7 confidential; and
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8 3. Information compiled by such Departments or school districts
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9 in response to those submissions.
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10 The Oklahoma Department of Commerce, the Oklahoma Department of
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11 Career and Technology Education, the technology center school
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12 districts, the Oklahoma Film and Music Office, institutions within
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13 the Oklahoma State System of Higher Education, and the Department of
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14 Corrections may not keep confidential that submitted information
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15 when and to the extent the person or entity submitting the
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16 information consents to disclosure.
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17 D. Although they must provide public access to their records,
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18 including records of the address, rate paid for services, charges,
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19 consumption rates, adjustments to the bill, reasons for adjustment,
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20 the name of the person that authorized the adjustment, and payment
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21 for each customer, public bodies that provide utility services to
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22 the public may shall keep confidential and shall redact from any
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23 record, personal email addresses, credit information, credit card
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24 numbers, telephone numbers, social security numbers, bank account
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 1 information for individual customers, and any portion of any record
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2 that contains the name or any other identifier of the occupants of
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3 any residential structure. Public bodies that provide utility
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4 services to the public may keep confidential utility supply and
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5 utility equipment supply contracts for any industrial customer with
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6 a connected electric load in excess of two thousand five hundred
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7 (2,500) kilowatts if public access to such contracts would give an
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8 unfair advantage to competitors of the customer; provided that,
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9 where a public body performs billing or collection services for a
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10 utility regulated by the Corporation Commission pursuant to a
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11 contractual agreement, any customer or individual payment data
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12 obtained or created by the public body in performance of the
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13 agreement shall not be a record for purposes of this act the
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14 Oklahoma Open Records Act.
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15 SECTION 4. This act shall become effective November 1, 2021.
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17 58-1-667 TEK 1/21/2021 7:45:28 PM
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Statutes affected:
Introduced: 51-24A.3, 51-24A.7, 51-24A.10
Senate Committee Substitute: 51-24A.3, 51-24A.7, 51-24A.10
Floor (House): 51-24A.3, 51-24A.7, 51-24A.10
Floor (Senate): 51-24A.3, 51-24A.7, 51-24A.10
Engrossed: 51-24A.3, 51-24A.7, 51-24A.10
Amended And Engrossed: 51-24A.3, 51-24A.7, 51-24A.10