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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 924 By: Treat of the Senate
and
Boatman of the House
An Act relating to sharing of state data; creating
definition; stating ownership of state data;
requiring state agencies to comply with statutory
obligations; authorizing the Office of Management and
Enterprise Services to promulgate rules to establish
certain standards; authorizing the sharing of data
between state agencies upon request; requiring
submission of specified information on certain form ;
requiring the Office of Management and Enterprise
Services to grant or deny request; authorizing state
agencies to decline requests for data; authorizing
state agencies to seek final determination; requiring
cabinet secretary to make final determination;
construing provision ; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.210 of Title 62, unless there
is created a duplication in numbering, reads as follows:
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A. As used in this section, “state data” means all data files
hosted, procured, owned, processed, secured or stored, by this state
or its state agencies, while in the course of state business and
shall include any and all data not otherwise prohibited from such
classification by state or federal law. Such data shall be the
property of this state.
B. While this state is the owner of state data, individual
state agencies shall comply with their respective statutory
obligations in managing state data including responding to open
records requests, reporting and responding to data bre aches and any
other statutory obligations required when collecting or processing
state data.
C. The Office of Management and Enterprise Services may
promulgate rules to establish standards and criteria for sharing
state data between state agencies .
D. State data may be shared between state agencies upon request
from the Office of Management and Enterprise Services. The request
shall be on a form provided by the Office of Management and
Enterprise Services and shall specify why the data is being
requested and what the intended purpose is for the requested data.
After reviewing the documentation, the Office of Management and
Enterprise Services shall grant or deny the request for access and
utilization of the requested data.
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The Office of Management and En terprise Services may deny
requests to share state data if the stated purpose does not meet the
established standards and criteria for sharing state data . State
agencies may decline requests to share state data if the state data
requested is otherwise pro hibited from being shared by state or
federal law.
E. If a state agency’s request for state data has been declined
by another state agency, the initial requestor may seek a final
determination from the Office of Management and Enterprise Services
as to whether the requested state data shall be shared. If a state
agency disputes the decision of the Office of Management and
Enterprise Services, the Office of Management and Enterprise
Services cabinet secretary shall make a final determination whether
the request to share state data will be granted or denied.
F. The powers provided in this section shall be in addition to
and not in substitution for any powers provided to the Office of
Management and Enterprise Services by rule or law. No powers
provided in this section shall exempt or supersede a state agency ’s
statutory responsibility to protect data and to comply with
requirements of the Oklahoma Open Records Act.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY, dated 03/31/2021 - DO
PASS.