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ENGROSSED HOUSE
BILL NO. 4192 By: Echols of the House
and
Standridge of the Senate
An Act relating to state government; amending 74 O.S.
2021, Section 3106.4, which relates to personally
identifiable data; adding penalties for noncompliant
agencies; and providing an effe ctive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 3106.4, is
amended to read as fo llows:
Section 3106.4 A. Public bodies shall make available on their
Internet website or on a general website if a public body uses a
general website, the following:
1. Any administrative rules adopted pursuant to the
Administrative Procedures Act, whic h the public body uses to
operate;
2. Any proposed administrative rules submitted by the public
body pursuant to the Administrative Procedures Act;
3. Any statutes affecting the public body and its operations;
and
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4. Any statutes the public may find use ful in interacting with
the public body.
B. For purposes of this section, "public body" is defined as
provided by paragraph 1 of Section 304 of Title 25 of the Oklahoma
Statutes.
C. In addition to the requirements listed in subsection A of
this section, any public body that collects personally identifiable
data shall make available on its Internet website, or on a general
website if a public body uses a general website, the following:
1. What personally identifiable data is being stored;
2. How the personally identifiable data is stored; and
3. With whom the public body shares the personally identifiable
data.
D. For purposes of this section, "personally identifiable data "
means information which can identify an individual including, but
not limited to, name, birth date, place of birth, mother's maiden
name, biometric records, Social Security number, official st ate- or
government-issued driver license or identification number, alien
registration number, government passport number, employer or
taxpayer identification number or any other information that is
linked or linkable to an individual, such as medical, educ ational,
financial or employment information.
E. It shall be the responsibility of each agency director to
ensure compliance with this section, for existing administrative
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rules or proposed adminis trative rules, pursuant to the
Administrative Procedures Act , or any statute affecting the public
body and its operations that have been enacted or any personally
identifiable data that has been collected, within twe lve (12) months
of the effective date of this act and within twelve (12) months of
any new administrative rule or proposed administrative rule ,
pursuant to the Administrative Procedures Act , or any new statute
affecting the public body and its operations o r when personally
identifiable data is c ollected. Any noncompliance with this section
shall result in removal of the agency director who may only return
after being reappointed.
SECTION 2. This act shall become effective November 1, 2022.
Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate