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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4198 By: Echols
AS INTRODUCED
An Act relating to officers; amending 51 O.S. 2021,
Section 24A.10, which relates to the Oklahoma Open
Records Act and disclosure of information voluntarily
supplied; granting the Commissioners of the L and
Office an exemption to the Oklahoma Open Records Act
for certain voluntary disclosures; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. 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 su bject 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 pr ior to
publication by the public body; or
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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, feasibilit y studies, financing proposals,
marketing plans, financial statements or trade secrets submitted by
a person or entity seeking economic advice, business development o r
customized training from such Departments or school dist ricts;
2. Proprietary informati on 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
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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 Technolog y Education, the technology center school
districts, the Oklahoma Film and Music Office, i nstitutions 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. The Commissioners of the Land Office may keep confidential
voluntary disclosures of business plans, feasibility studies,
financing proposals, marketing plans, financial s tatements, or trade
secrets made by legal entities which the Comm issioners of the Land
Office might evaluate for investment purposes.
E. Although they must provide public access to their records,
including records of the address, rate paid for services, c harges,
consumption rates, adjustments to the bill, reasons for a djustment,
the name of the person that authorized the adjustment, and payment
for each customer, public bodies that provide utility services to
the public may keep confidential credit informa tion, credit card
numbers, telephone numbers, Social Security numbers, bank account
information for individual customers, and utility supply and utility
equipment supply contracts for any industrial customer with a
connected electric load in excess of two thousand five hundred
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(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 i ndividual payment data
obtained or created by the public body in performance of the
agreement shall not be a record for purposes of this act.
SECTION 2. This act shall become effective November 1, 2022.
58-2-10128 MJ 12/27/21