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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 992 By: Jett
AS INTRODUCED
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2011, Sections 24A.3, as amended by
Section 2, Chapter 266, O.S.L. 2014 , 24A.7, as
amended by Section 1, C hapter 130, O.S.L. 2014 and
24A.10, as last amended by Section 1, Chapter 197,
O.S.L. 2018 (51 O.S. Supp. 2020, Sections 24A.3 ,
24A.7 and 24A.10), which relate to definitions,
personnel records and voluntarily supplied
information; modifying definition; allowing
confidentiality of personnel records at the sole
discretion of public body; requiring confidentiality
for certain voluntar ily provided information;
updating statutory reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.3, as
amended by Section 2, Chapter 266, O.S.L. 2014 (51 O.S . Supp. 2020,
Section 24A.3), is amend ed to read as follows:
Section 24A.3. As used in the Oklahoma Open Records Act:
1. “Record” means all documents, including, but not limited to,
any book, paper, photograph, microfilm, data fi les created by or
used with computer software, computer tape, d isk, record, sound
recording, film recording, video record or other material regardless
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of physical form or characteristic, created by, received by, under
the authority of, or coming into the c ustody, control or possession
of public officials, public bodie s, or their representatives in
connection with the transaction of public business, the expenditure
of public funds or the administering of public property. “Record”
does not mean:
a. computer software,
b. nongovernment persona l effects,
c. unless public disclosure is required by other laws or
regulations, vehicle movement records of the Oklahoma
Transportation Authority obtained in connection with
the Authority’s electronic toll collection syst em,
d. personal financial informat ion, credit reports or
other financial data obtained by or submitted to a
public body for the purpose of evaluating credit
worthiness, obtaining a license, permit, or for the
purpose of becoming qualified to contract with a
public body,
e. any digital audio/video recordings of the tol l
collection and safeguarding activities of the Oklahoma
Transportation Authority,
f. any personal information provided by a guest at any
facility owned or operated by the Oklahoma Tourism and
Recreation Department or the Board of Trustees of the
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Quartz Mountain Arts and Conference Center and Nature
Park to obtain any service at the facility or by a
purchaser of a product sold by or through the Oklahoma
Tourism and Recreation Department or the Q uartz
Mountain Arts and Conference Center and Nature Park,
g. a Department of Defense Form 214 (DD Form 214) filed
with a county clerk, including any DD Form 214 filed
before July 1, 2002, or
h. except as provided for in Section 2 -110 of Title 47 of
the Oklahoma Statutes,
(1) any record in connection with a Motor Vehi cle
Report issued by the Department of Public Safety,
as prescribed in Section 6 -117 of Title 47 of the
Oklahoma Statutes, or
(2) personal information within driver records, as
defined by the Driver’s Privacy Protection Act,
18 United States Code, Sections 2721 through
2725, which are stored and maintained by the
Department of Public Safety; or
i. any information provided to a state agency or entity
that will be utilized to provide a license or
certificate to an individual including, but not
limited to, an applicant’s personal address, phone
number, other contact information or any other
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material provided in order to qualify for or receive a
license or certificate. Provided, however, the
license or certificate shall be a public record.
2. “Public body” shall include, but not be limited to, any
office, department, board, bureau, commission, agency, trusteeship,
authority, council, committee, trust or any entity cr eated by a
trust, county, city, village, town, township, district, school
district, fair board, court, executive offic e, advisory group, task
force, study group, or any subdivision thereof, supported in whole
or in part by public funds or entrusted with th e expenditure of
public funds or administering or operating public property, and all
committees, or subcommittees ther eof. Except for the records
required by Section 24A.4 of this title, “public body” does not mean
judges, justices, the Council on Judicia l Complaints, the
Legislature, or legislators;
3. “Public office” means the physical location where public
bodies conduct business or keep records;
4. “Public official” means any official or employee of any
public body as defined herein; and
5. “Law enforcement agency” means any public body charged with
enforcing state or local criminal laws and initiating criminal
prosecutions, including, but not limited to, police departments,
county sheriffs, the Department of Public Safety, the Oklahoma State
Bureau of Narcotics and Dangerou s Drugs Control, the Alcoholic
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Beverage Laws Enforcement Commission , and the Oklahoma State B ureau
of Investigation.
SECTION 2. AMENDATORY 51 O.S. 2011, Section 24A.7, as
amended by Section 1, Chapter 130, O.S.L. 2014 (51 O.S. Supp. 2020,
Section 24A.7), is amended to rea d as follows:
Section 24A.7. A. A At the sole discretion of the public body,
a public body may keep personnel records confidential:
1. Which relate to internal personnel inv estigations including
examination and selection material for employment, hiring,
appointment, promotion, dem otion, discipline, or resignation; or
2. Where disclosure would constitute a clearly unwarranted
invasion of personal privacy such as employee eval uations, payroll
deductions, employment applications submitted by persons not hi red
by the public body, and transcripts from instit utions of higher
education maintained in the personnel files of certified public
school employees; provided, however, that no thing in this subsection
shall be construed to exempt from disclosure the degree obtained and
the curriculum on the transcripts of certified public school
employees.
B. All personnel records not specifically falling within the
exceptions provided in subse ction A of this section shall be
available for public inspection and copying inc luding, but not
limited to, records of:
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1. An employment application of a person who becomes a public
official;
2. The gross receipts of public funds;
3. The dates of employ ment, title or position; and
4. Any final disciplinary action resulting in loss of pay,
suspension, demotion of position, or termination.
C. Except as may otherwise be made confidential by statute, an
employee of a public body shall have a right of acces s to his own
personnel file.
D. Public bodies shall keep confidential the home address,
telephone numbers and social security numb ers of any person employed
or formerly employed by the public body.
E. Except as otherwise required by Section 6 -101.16 of Title 70
of the Oklahoma Statutes, public bodies shall keep confidential all
records created pursuant to the Oklahoma Teacher and Le ader
Effectiveness Evaluation System (TLE) which identify a current or
former public employee and contain any evaluation, obs ervation or
other TLE record of such employee.
SECTION 3. AMENDATORY 51 O.S. 2011, Section 24A.10, as
last amended by Section 1, Chapter 197, O.S.L. 2018 (51 O.S. Supp.
2020, 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
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commission shall be subject 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 r elating to:
1. Bid specifications for competitive bidding prior to
publication by the public body; or
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 acqui sition 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 s uch as applications for perm its 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, ins titutions within the Oklahom a State System of
Higher Education, and the Department of Corrections may keep
confidential:
1. Business plans, feasibility studies, financing proposals,
marketing plans, financial statements or trade secrets submitted by
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a person or entity seeking econom ic advice, business dev elopment or
customized training from such Departments or school d istricts;
2. Proprietary information of the business submitted to the
Department or school districts for the purpose of business
development or customized training, an d related confidentiali ty
agreements detailing the information or records designated as
confidential; and
3. Information compiled by such Departments or school districts
in response to those submissions.
The Oklahoma Department of Commerce, the Oklahoma D epartment 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 not keep confidential that su bmitted information
when and to the extent the person or entity submitting the
information consents to disclosure.
D. Although they must provide public access to their records ,
including records of the address, rate paid for se rvices, charges,
consumption rates, adjustments to the bill, reasons for adjustment,
the name of the person that aut horized the adjustment, and payment
for each customer, public bodies that provide utility services to
the public may shall keep confidential and shall redact from any
record, personal email a ddresses, credit information, credit card
numbers, telephone numbers, social sec urity numbers, bank account
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information for individ ual customers, and any portion of any record
that contains the name or any other identifier of the occupants of
any residential structure. Public bodies that provide utility
services to the public may keep confidential utility supply and
utility equipment supply contracts for any industrial customer with
a connected electric lo ad in excess of two thousand five hundred
(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 Commissi on pursuant to a
contractual agreement, any customer or individual payment data
obtained or created by the public body in performance of the
agreement shall not be a record for purposes of this act the
Oklahoma Open Records Act.
SECTION 4. This act shall become effective November 1, 2021.
58-1-1596 TEK 1/21/2021 8:34:14 PM