Bill Text For HB1876 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                           March 23, 2021                              |
 2|                             AS AMENDED                                |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 1876                        By: West (Tammy), Rosecrants      |
 4|                                         and Osburn of the House       |
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 5|                                         and                           |
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 6|                                         Stanley of the Senate         |
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 9|       An Act relating to open records; amending 51 O.S.               |
  |       2011, Section 24A.7, as amended by Section 1, Chapter           |
10|       130, O.S.L. 2014 (51 O.S. Supp. 2020, Section 24A.7),           |
  |       which relates to personnel records; exempting certain           |
11|       personal information of public employees from                   |
  |       mandatory disclosure; and declaring an emergency.               |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     51 O.S. 2011, Section 24A.7, as      |
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16|amended by Section 1, Chapter 130, O.S.L. 2014 (51 O.S. Supp. 2020,    |
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17|Section 24A.7), is amended to read as follows:                         |
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18|    Section 24A.7  A.  A public body may keep personnel records        |
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19|confidential:                                                          |
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20|    1.  Which relate to internal personnel investigations including    |
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21|examination and selection material for employment, hiring,             |
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22|appointment, promotion, demotion, discipline, or resignation; or       |
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23|    2.  Where disclosure would constitute a clearly unwarranted        |
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24|invasion of personal privacy such as employee evaluations, payroll     |
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arsid8063214 SENATE FLOOR VERSION - HB1876 SFLR                    Page 1
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 1|deductions, employment applications submitted by persons not hired     |
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 2|by the public body, and transcripts from institutions of higher        |
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 3|education maintained in the personnel files of certified public        |
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 4|school employees; provided, however, that nothing in this subsection   |
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 5|shall be construed to exempt from disclosure the degree obtained and   |
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 6|the curriculum on the transcripts of certified public school           |
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 7|employees.                                                             |
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 8|    B.  All personnel records not specifically falling within the      |
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 9|exceptions provided in subsection A or D of this section shall be      |
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10|available for public inspection and copying including, but not         |
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11|limited to, records of:                                                |
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12|    1.  An employment application of a person who becomes a public     |
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13|official;                                                              |
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14|    2.  The gross receipts of public funds;                            |
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15|    3.  The dates of employment, title or position; and                |
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16|    4.  Any final disciplinary action resulting in loss of pay,        |
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17|suspension, demotion of position, or termination.                      |
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18|    C.  Except as may otherwise be made confidential by statute, an    |
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19|employee of a public body shall have a right of access to his own      |
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20|personnel file.                                                        |
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21|    D.  Public bodies shall keep confidential the The home address,    |
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22|addresses, home telephone numbers and social security, Social          |
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23|Security numbers of any person employed or formerly employed by the    |
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24|public body, private email addresses and private mobile phone          |
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arsid8063214 SENATE FLOOR VERSION - HB1876 SFLR                    Page 2
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 1|numbers of current and former public employees shall not be open to    |
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 2|public inspection or disclosure; provided, however, that nothing in    |
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 3|this subsection shall be construed to exempt from disclosure public    |
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 4|records created using a private email address or private mobile        |
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 5|phone.                                                                 |
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 6|    E.  Except as otherwise required by Section 6-101.16 of Title 70   |
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 7|of the Oklahoma Statutes, public bodies shall keep confidential all    |
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 8|records created pursuant to the Oklahoma Teacher and Leader            |
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 9|Effectiveness Evaluation System (TLE) which identify a current or      |
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10|former public employee and contain any evaluation, observation or      |
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11|other TLE record of such employee.                                     |
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12|    SECTION 2.  It being immediately necessary for the preservation    |
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13|of the public peace, health or safety, an emergency is hereby          |
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14|declared to exist, by reason whereof this act shall take effect and    |
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15|be in full force from and after its passage and approval.              |
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16|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY                            |
  |March 23, 2021 - DO PASS AS AMENDED                                    |
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arsid8063214 SENATE FLOOR VERSION - HB1876 SFLR                    Page 3
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