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ENGROSSED HOUSE AMENDME NT
TO
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 dat a
between state agencies upon request; re quiring
submission of specified information o n certain form;
requiring the Office of Management and En terprise
Services to grant or deny request; authorizing state
agencies to decline requests for data; authorizing
state agencies to seek final determinatio n; requiring
cabinet secretary to make final de termination;
construing provision; providing for codification; and
providing an effective date.
AUTHOR: Add the following House Coauthor: Phillips
AMENDMENT NO. 1. Strike the title, enacting clause and entire bill
and insert:
"An Act relating to sharing of state data; creating
definition of state data; stating ownership of state
data; requiring state agencies to comply with
statutory obligations; authorizing the sharing of
state data between state agencies; requiring
submission of specified information on certain form;
authorizing state agencies to decline requests for
state data; construing provision; exempting judicial
and legislative departments from scope of act;
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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:
A. As used in this section, "state data" means all data files
hosted, procured, owned, processed, secured , stored, or created 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 unless prohibited by law.
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 hosting, accessing,
storing, collecting, or processing state data.
C. The Chief Information Officer for the State of Oklahoma may
establish standards and criteria for sharing state data between state
agencies. Agency requests to share state data shall be denied if the
stated purpose does not meet the established standards and criteria
for sharing state data as established by the CIO. State agencies may
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decline requests to share state data if the state data requested is
otherwise privileged or prohibited from being shared by state or
federal law.
D. 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 or the Chief Information Officer by
rule or law.
E. 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 or
applicable state or federal law.
F. The provisions of this section shall not be app licable to
the judicial department of state government or any entity organiz ed
within the judicial department and shall not be applicable to the
legislative department or any entity organized within the
legislative department.
SECTION 2. This act shall become effective November 1, 202 2."
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Passed the House of Repres entatives the 6th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
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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 t o establish
certain standards; authorizing the sharing of dat a
between state agencies upon request; re quiring
submission of specified information o n certain form;
requiring the Office of Management and En terprise
Services to grant or deny request; authoriz ing state
agencies to decline requests for data; authorizing
state agencies to seek final determinatio n; 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 3. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 34.210 of Title 62, unless there
is created a duplication in numb ering, reads as follows:
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 ot herwise prohibited from s uch
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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 an d responding to data breaches 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 documenta tion, the Office of Management and
Enterprise Services shall grant or deny the request for access and
utilization of the requested data.
The Office of Management and Enterprise Servi ces may deny
requests to share state data if the stated purpose does not m eet the
established standards and criteri a for sharing state data . State
agencies may decline requests to share state dat a if the state data
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requested is otherwise prohibited 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 in itial requestor may seek a final
determination from the Office of Manage ment 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 Manage ment 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 e xempt or supersede a state agency’s
statutory responsibility to protect data and to comply with
requirements of the Oklahoma Open Records Act.
SECTION 4. This act shall become effective November 1, 2021.
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Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives