Bill Text For SB0970 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 970                         By: Floyd of the Senate           |
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  |                                         Townley of the House          |
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 9|       An Act relating to the Oklahoma Open Records Act;               |
  |       amending 51 O.S. 2011, Sections 24A.3, as amended by            |
10|       Section 2, Chapter 266, O.S.L. 2014, 24A.7, as                  |
  |       amended by Section 1, Chapter 130, O.S.L. 2014 and              |
11|       24A.10, as last amended by Section 1, Chapter 197,              |
  |       O.S.L. 2018 (51 O.S. Supp. 2020, Sections 24A.3,                |
12|       24A.7 and 24A.10), which relate to definitions,                 |
  |       personnel records and voluntarily supplied                      |
13|       information; modifying definition; allowing                     |
  |       confidentiality of personnel records at the sole                |
14|       discretion of public body; requiring confidentiality            |
  |       for certain voluntarily provided information;                   |
15|       updating statutory reference; and providing an                  |
  |       effective date.                                                 |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     51 O.S. 2011, Section 24A.3, as      |
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20|amended by Section 2, Chapter 266, O.S.L. 2014 (51 O.S. Supp. 2020,    |
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21|Section 24A.3), is amended to read as follows:                         |
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22|    Section 24A.3.  As used in the Oklahoma Open Records Act:          |
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23|    1.  "Record" means all documents, including, but not limited to,   |
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24|any book, paper, photograph, microfilm, data files created by or       |
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arsid216016 SB970 HFLR                                             Page 1
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 1|used with computer software, computer tape, disk, record, sound        |
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 2|recording, film recording, video record or other material regardless   |
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 3|of physical form or characteristic, created by, received by, under     |
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 4|the authority of, or coming into the custody, control or possession    |
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 5|of public officials, public bodies, or their representatives in        |
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 6|connection with the transaction of public business, the expenditure    |
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 7|of public funds or the administering of public property.  "Record"     |
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 8|does not mean:                                                         |
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 9|         a.    computer software,                                      |
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10|         b.    nongovernment personal effects,                         |
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11|         c.    unless public disclosure is required by other laws or   |
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12|              regulations, vehicle movement records of the Oklahoma    |
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13|              Transportation Authority obtained in connection with     |
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14|              the Authority's electronic toll collection system,       |
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15|         d.    personal financial information, credit reports or       |
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16|              other financial data obtained by or submitted to a       |
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17|              public body for the purpose of evaluating credit         |
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18|              worthiness, obtaining a license, permit, or for the      |
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19|              purpose of becoming qualified to contract with a         |
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20|              public body,                                             |
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21|         e.    any digital audio/video recordings of the toll          |
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22|              collection and safeguarding activities of the Oklahoma   |
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23|              Transportation Authority,                                |
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arsid216016 SB970 HFLR                                             Page 2
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 1|         f.    any personal information provided by a guest at any     |
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 2|              facility owned or operated by the Oklahoma Tourism and   |
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 3|              Recreation Department or the Board of Trustees of the    |
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 4|              Quartz Mountain Arts and Conference Center and Nature    |
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 5|              Park to obtain any service at the facility or by a       |
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 6|              purchaser of a product sold by or through the Oklahoma   |
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 7|              Tourism and Recreation Department or the Quartz          |
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 8|              Mountain Arts and Conference Center and Nature Park,     |
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 9|         g.    a Department of Defense Form 214 (DD Form 214) filed    |
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10|              with a county clerk, including any DD Form 214 filed     |
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11|              before July 1, 2002, or                                  |
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12|         h.    except as provided for in Section 2-110 of Title 47     |
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13|              of the Oklahoma Statutes,                                |
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14|              (1)   any record in connection with a Motor Vehicle      |
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15|                   Report issued by the Department of Public Safety,   |
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16|                   as prescribed in Section 6-117 of Title 47 of the   |
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17|                   Oklahoma Statutes, or                               |
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18|              (2)   personal information within driver records, as     |
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19|                   defined by the Driver's Privacy Protection Act,     |
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20|                   18 United States Code, Sections 2721 through        |
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21|                   2725, which are stored and maintained by the        |
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22|                   Department of Public Safety, or                     |
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23|         i.    any portion of any document or information provided     |
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24|              to a state agency or entity to obtain licensure under    |
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arsid216016 SB970 HFLR                                             Page 3
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 1|              the laws of this state or a political subdivision that   |
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 2|              contains an applicant's personal address, phone          |
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 3|              number, electronic mail address or other contact         |
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 4|              information;                                             |
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 5|    2.  "Public body" shall include, but not be limited to, any        |
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 6|office, department, board, bureau, commission, agency, trusteeship,    |
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 7|authority, council, committee, trust or any entity created by a        |
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 8|trust, county, city, village, town, township, district, school         |
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 9|district, fair board, court, executive office, advisory group, task    |
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10|force, study group, or any subdivision thereof, supported in whole     |
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11|or in part by public funds or entrusted with the expenditure of        |
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12|public funds or administering or operating public property, and all    |
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13|committees, or subcommittees thereof.  Except for the records          |
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14|required by Section 24A.4 of this title, "public body" does not mean   |
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15|judges, justices, the Council on Judicial Complaints, the              |
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16|Legislature, or legislators;                                           |
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17|    3.  "Public office" means the physical location where public       |
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18|bodies conduct business or keep records;                               |
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19|    4.  "Public official" means any official or employee of any        |
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20|public body as defined herein; and                                     |
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21|    5.  "Law enforcement agency" means any public body charged with    |
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22|enforcing state or local criminal laws and initiating criminal         |
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23|prosecutions, including, but not limited to, police departments,       |
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24|county sheriffs, the Department of Public Safety, the Oklahoma State   |
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arsid216016 SB970 HFLR                                             Page 4
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 1|Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic         |
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 2|Beverage Laws Enforcement Commission, and the Oklahoma State Bureau    |
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 3|of Investigation.                                                      |
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 4|    SECTION 2.     AMENDATORY     51 O.S. 2011, Section 24A.7, as      |
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 5|amended by Section 1, Chapter 130, O.S.L. 2014 (51 O.S. Supp. 2020,    |
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 6|Section 24A.7), is amended to read as follows:                         |
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 7|    Section 24A.7.  A.  A At the sole discretion of the public body,   |
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 8|a public body may keep personnel records confidential:                 |
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 9|    1.  Which relate to internal personnel investigations including    |
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10|examination and selection material for employment, hiring,             |
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11|appointment, promotion, demotion, discipline, or resignation; or       |
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12|    2.  Where disclosure would constitute a clearly unwarranted        |
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13|invasion of personal privacy such as employee evaluations, payroll     |
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14|deductions, employment applications submitted by persons not hired     |
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15|by the public body, and transcripts from institutions of higher        |
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16|education maintained in the personnel files of certified public        |
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17|school employees; provided, however, that nothing in this subsection   |
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18|shall be construed to exempt from disclosure the degree obtained and   |
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19|the curriculum on the transcripts of certified public school           |
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20|employees.                                                             |
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21|    B.  All personnel records not specifically falling within the      |
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22|exceptions provided in subsection A of this section shall be           |
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23|available for public inspection and copying including, but not         |
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24|limited to, records of:                                                |
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arsid216016 SB970 HFLR                                             Page 5
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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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arsid216016 SB970 HFLR                                             Page 6
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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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arsid216016 SB970 HFLR                                             Page 7
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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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arsid216016 SB970 HFLR                                             Page 8
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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|COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated            |
  |03/24/2021 - DO PASS, As Coauthored.                                   |
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arsid216016 SB970 HFLR                                             Page 9
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