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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 612 By: Howard of the Senate
and
Osburn of the House
An Act relating to the Oklahoma Lottery ; amending 3A
O.S. 2021, Sections 712, 713, as amended by Section
1, Chapter 359, O.S.L. 2022, 724, and 733 (3A O.S.
Supp. 2022, Section 713), which relate to the
Oklahoma Lottery Commission, prize claims, and the
board of trustees; expanding required background
checks for certain applicants; requiring annual
background checks for Commission employees; deleting
Commission requirement to pay for certain
investigations and contract with the Oklahoma State
Bureau of Investigation; deleting r equirement to
submit certain report; deleting requirement to
display certain certificate; modifying certain
information required for submission; modifying
required date for submission of certain information;
modifying threshold for certain information required
to claim prize; modifying information required to
claim certain prize; amending 51 O.S. 2021, Section
24A.5, which relates to the Ok lahoma Open Records
Act; providing excepti on; repealing 3A O.S. 2021,
Sections 706 and 734, which relate to Lottery
Retailer Advisory Board and Oklahoma Lottery
Commission Legislative Oversight Committee; updating
statutory reference; and providing an effective date.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
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"An Act relating to the Oklahoma Lottery; amending 3A
O.S. 2021, Sections 712, 713, as amended by Section
1, Chapter 359, O.S.L. 2022, 724, and 733 (3A O.S.
Supp. 2022, Section 713), which relate to the
Oklahoma Lottery Commission; expanding required
background checks for certain applicants; requiring
annual background checks for Commission employees;
deleting Commission requirement to pay for certain
investigations and contract with the Oklahoma State
Bureau of Investigation; deleting requirement to
display certain certificate; modifying certain
information required for submission; modifying
required date for submission of certain info rmation;
modifying threshold for certain information required
to claim prize; modifying information required to
claim certain prize; amending 51 O.S. 2021, Section
24A.5, which relates to the Oklahoma Open Records
Act; providing exception; repealing 3A O.S. 2021,
Section 706, which relates to Lottery Retailer
Advisory Board and Oklahoma Lottery Commission
Legislative Oversight Committee; updating statutory
reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3A O.S. 2021, Section 712, is
amended to read as follows:
Section 712. A. The executive director of the Oklahoma Lottery
Commission, with the approval of the board of trustees, shall employ
such personnel as may be necessary to carry out the provi sions of
this act and shall set the comp ensation and terms of comp ensation of
such employees. All offices, positions, and personnel of the
Oklahoma Lottery Commission shall be in the unclassified service.
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B. No employee of the Commission shall have a financial
interest in any vendor doing busi ness or proposing to do bu siness
with the Commission.
C. No employee of the Commission shall participate in any
decision involving a retailer with whom the employee has a fin ancial
interest.
D. No employee of the Commission who leaves the employment of
the Commission may represent any vendor or lottery retaile r before
the Commission for a period of two (2) years following termination
of employment with the Commission.
E. A background investigation shall be conducte d on each
applicant who has reached the final selection process pr ior to
employment by the Commission at the level of division director and
above and at any level within any division of security and as
otherwise required by the board of trustees of the Oklahoma Lottery
Commission. The Commission shall pay for the actual cost of the
investigations and shall contract with the Oklahoma State Bureau of
Investigation for the performance of the investigations and on every
employee of the Commission for each calendar year . The results of a
background investigation shall not be considered a record open to
the public pursuant to the Oklahoma Open Records Act.
F. No person who has been convicted of any felony or a
misdemeanor involving illegal gambling or involving moral turpitude
shall be employed by t he Commission, nor shall the Commission employ
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a person who is awaiting sentencing on a plea of guilt or nolo
contendere to such a felony or misdemeanor .
G. The Commission shall bond Commission employees with access
to Commission funds or lottery revenue in an amount specified b y the
board and may bond other emp loyees as deemed necessary.
SECTION 2. AMENDATORY 3A O.S. 2021, Section 713, as
amended by Section 1, Chapter 359, O.S.L. 2022 (3A O.S. Supp. 2022,
Section 713), is amended to read as follows:
Section 713. A. All gross proceeds shall be the property of
the Oklahoma Lottery Commission. From its gross proceeds, the
Commission shall pay the operating expenses of the Commission. At
least forty-five percent (45%) of gross proceeds shall be made
available as prize money. However, the provisions of this
subsection shall be deemed not to create any lien, entitlement,
cause of action, or other private right, and any rights of holders
of tickets or shares shall be d etermined by the Commission in
setting the terms of its lottery or lotter ies.
B. The Oklahoma Lottery Commission shall submit a written
report of its findings and any recommendations regarding the impact
of removing the requirement that net proceeds shall equal at least
thirty-five percent (35%) of the gross proceeds. The report shall
be submitted to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate not later than October 1, 2020, and annually thereafter.
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C. There is hereby created in the State Treasu ry a fund to be
designated the “Oklahoma Education Lottery Trust Fund”. Except as
otherwise provided in subsections H G and I H of this section, on or
before the fifteenth day of each ca lendar quarter, the Commission
shall transfer to the State Treasurer, for credit to the Oklahoma
Education Lottery Trust Fund, the amount of all net proceeds
accruing during the preceding calendar quarter. Expenditures from
the fund shall be made upon war rants issued by the State Treasurer
against claims filed as prescribe d by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
D. C. Upon their deposit into the State Treasury, any monies
representing a deposit of net proceeds shall then become the
unencumbered property of this state, and neither the Commission nor
the board of trustees shall have the power to agree or undertake
otherwise. The monies shall be invested by the State Treasurer in
accordance with state investment practices. All earnings
attributable to such investments shall likewise be the unencumbered
property of the state and shall acc rue to the credit of the fund
provided for in subsection C B of this section.
1. The first Sixty-five Million Dollars ($65,000,000.00) of
monies contributed annually to the Oklahoma Education Lottery Trust
Fund shall only be appropriated as follows:
a. forty-five percent (45%) for the following:
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(1) kindergarten through twelfth grade public
education, including but not limi ted to
compensation and benefits for public school
teachers and support employees, and
(2) early childhood development programs, which shall
include but not be limited to costs associated
with prekindergarten and full -day kindergarten
programs,
b. forty-five percent (45%) for the following:
(1) tuition grants, loans and scholarships to
citizens of this state to enable such citizens to
attend colleges and universities located within
this state, regardless of whether such colleges
and universities are owned o r operated by the
Oklahoma State Regents for Higher Education, or
to attend institutions operated under the
authority of the Oklahoma Department of Career
and Technology Education; provided, such tuition
grants, loans and scholarships shall not be made
to a citizen of this state to attend a college or
university which is not accredited by the
Oklahoma State Regents for Higher Education,
(2) construction of educational facilities for
elementary school districts, independent school
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districts, The Oklahoma Sta te System of Higher
Education, and career and technology education,
(3) capital outlay projects for elementary school
districts, independent school districts, The
Oklahoma State System of Higher Education, and
career and technology education,
(4) technology for public elementary school district,
independent school district, state higher
education, and career and technology education
facilities, which shall include but not be
limited to costs of providing to teachers at
accredited public institutions who tea ch levels
kindergarten through twelfth grade, personnel at
technology centers under the authority of the
Oklahoma State Department of Career and
Technology Education, and professors and
instructors within The Oklahoma State System of
Higher Education, the necessary training in the
use and application of computers and advanced
electronic instructional technology to implement
interactive learning environments in the
classroom and to access the statewide distance
learning network and costs associated with
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repairing and maintaining advanced electronic
instructional technology,
(5) endowed chairs for professors at institutions of
higher education operated by The Oklahoma State
System of Higher Education, and
(6) programs and personnel of the Oklahoma School for
the Deaf and the Oklahoma School for the Blind,
c. five percent (5%) to the School Consolidation and
Assistance Fund. When the total amount in the School
Consolidation and Assistance Fund from all sources
equals Five Million Dollars ($5,000,0 00.00), all
monies appropriated pursuant to this subparagraph
which would otherwise be deposited in the School
Consolidation and Assistance Fund in excess of Five
Million Dollars ($5,000,000.00) shall be allocated by
the State Department of Educa tion to public schools
based on the audited end-of-year average daily
membership in grades 8 through 12 during the preceding
school year for the purpose of purchasing technology
equipment. If at any time the total amount in the
School Consolidation and As sistance Fund drops below
Five Million Dollars ($5,000,000.00), the monies
appropriated pursuant to this subparagraph shall be
deposited in the School Consolidation and Assistance
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Fund until the Fund again reaches Five Million Dollars
($5,000,000.00), and
d. five percent (5%) to the Teachers’ Retirement System
Dedicated Revenue Revolving Fund.
In no instance shall the annual maximum percentage for
administrative costs, not including marketing and advertising costs,
funds set aside for prizes, commissions paid to retailers, contract
fees paid to gaming system vendors and instant ticket providers or
emergency-related capital expenses, exceed three percent (3%) of
sales.
2. The remaining portion of lottery annual net proceeds
deposited to the Oklahoma Education Lottery Trust Fund that exceeds
Sixty-five Million Dollars ($65,000,000.00) shall be deposited to
the credit of the Teacher Empowerment Revolving Fund created in
Section 2 of this act.
E. D. The Legislature shall appropriate funds from the Oklahoma
Education Lottery Trust Fund only for the purposes spe cified in
subsection D C of this section. Even when funds from the trust fund
are used for these purposes, the Legislature shall not use funds
from the trust fund to supplant or replace other state fun ds
supporting common education, higher education, or c areer and
technology education.
F. E. In order to ensure that the funds from the trust fund are
used to enhance and not supplant funding for education, the State
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Board of Equalization shall examine and investigate appropriations
from the trust fund each y ear. At the meeting of the State Board of
Equalization held within five (5) days after the monthly
apportionment in February of each year, the State Board of
Equalization shall issue a finding and repo rt which shall state
whether appropriations from the t rust fund were used to enhance or
supplant education funding. If the State Board of Equalization
finds that education funding was supplanted by funds from the trust
fund, the Board shall specify the am ount by which education funding
was supplanted. In this event, the Legislature shall not make any
appropriations for the ensuing fiscal year until an appropriation in
that amount is made to replenish the trust fund.
G. F. Except as otherwise provided by this subsection, no
deficiency in the Oklahoma Educati on Lottery Trust Fund shall be
replenished by reducing any nonlottery funds including, specifically
but without limitation, the General Revenue Fund, the Constitutional
Reserve Fund, or the Education Ref orm Revolving Fund of the State
Department of Educati on. No program or project started specifically
from lottery proceeds shall be continued from the General Revenue
Fund, the Constitutional Reserve Fund, or the Education Reform
Revolving Fund of the State Department of Education. Such programs
must be adjusted or discontinued according to available lottery
proceeds unless the Legislature by general law establishes
eligibility requirements and appropriates specific funds therefor.
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No surplus in the Oklaho ma Education Lottery Trust Fund shall be
reduced or transferred to correct any nonlottery deficiencies in
sums available for general appropriations. The provisions of this
subsection shall not apply to bonds or other obligations issued
pursuant to or to the repayment of bonds or other obligations issued
pursuant to the Oklahoma Higher Education Promise of Excellence Act
of 2005.
H. G. There is hereby created in the State Treasury a revolving
fund to be designated the “Oklahoma Education Lottery Revolving
Fund”. The fund shall be a continuing fund, not sub ject to fiscal
year limitations, and shall consist of all monies received by the
Commission. The Commission shall make payments of net proceeds from
the fund to the Oklahoma Education Lottery Trust Fund on or before
the fifteenth day of each calendar quar ter as provided in subsection
C B of this section. All monies accruing to the credit of the
Oklahoma Education Lottery Revolving Fund are hereby appropriated
and may be budgeted and expended for the paymen t of net proceeds,
prizes, commissions to retailers, administrative expenses and all
other expenses arising out of the operation of the education
lottery, subject to the limitations provided in the Oklahoma
Education Lottery Act. Expenditures from the fun d shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
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The monies in the fund shall be invested by the State Trea surer
in accordance with state investment practices. All earnings
attributable to such investments shall likewise accrue to the credit
of the fund.
I. H. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to common education purs uant to the provisions
of subparagraph a of paragraph 1 of subsection D C of this section,
the appropriations shall be made available on a monthly basis. In
addition to the provisions of subsections C B and D C of this
section, the following process shall be used to ensure that the
appropriations are made available to common education in a timely
manner:
1. Beginning in July of the fiscal year in which appropriations
are made to common education from the Oklahoma Education Lottery
Trust Fund, the Commissio n, on or before the ninth day of each
month, shall transfer to the State Treasurer, for credit to the
Oklahoma Education Lottery Trust Fund, the amount of net proceed s
accruing during the preceding month equal to the amount of total
monthly collections due to common education as required by
subparagraph a of paragraph 1 of subsection D C of this section;
2. The Director of the Office of Management and Enterprise
Services shall allocate the transfers provided for in paragraph 1 of
this subsection to the State Department of Education on a monthly
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basis, not to exceed one-twelfth (1/12) of the annual apportionment
for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to common
education from the Oklahoma Education Lottery Trust Fund for the
specific fiscal year.
J. I. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to The Oklahoma Sta te System of Higher
Education, the appropriations shall be made available to the System
on a monthly basis. In addition to the provisions of subsections C
B and D C of this section, the following process shall be used to
ensure that the appropriations are mad e available to The Oklahoma
State System of Higher Education i n a timely manner:
1. Beginning in July of the fiscal year in which appropriations
are made to The Oklahoma State System of Higher Education from the
Oklahoma Education Lottery Trust Fund, the Commission, on or before
the ninth day of each month, shall tr ansfer to the State Treasurer,
for credit to the Oklahoma Education Lottery Trust Fund, the amount
of net proceeds accruing during the preceding month equal to the
amount of total monthly collec tions due to the Oklahoma State
Regents for Higher Education a s required by subparagraph b of
paragraph 1 of subsection D C of this section;
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2. The Director of the Office of Management and Enterprise
Services shall allocate the transfers provided for in paragraph 1 of
this subsection to the Oklahoma State Regents for Higher Education
on a monthly basis, not to exceed one-twelfth (1/12) of the annual
apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to The
Oklahoma State System for Higher Education from the Oklahoma
Education Lottery Trust Fund for the specific fiscal year.
SECTION 3. AMENDATORY 3A O.S. 2021, Section 724, is
amended to read as follows:
Section 724. A. Proceeds of any lottery prize shall be subject
to the Oklahoma state income tax.
B. Attachments, garnishment s, or executions authorized and
issued pursuant to law shall be withheld if timely served upon the
Oklahoma Lottery Commission. This subsection shall not apply to
payment of prizes by a retailer.
C. The Commission shall adopt po licies and procedures to
establish a system of verifying the validity of tick ets or shares
claimed to win prizes and to effect payment of the prizes, except
that:
1. No prize, any portion of a prize, or any right of any person
to a prize awarded shall be assignable. Any prize or any portion of
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a prize remaining unpaid at the deat h of a prize winner shall be
paid to the estate of the deceas ed prize winner or to the trustee of
a trust established by the deceased prize winner as settlor if a
copy of the trust document or instrument h as been filed with the
Commission along with a nota rized letter of direction from the
settlor and no written not ice of revocation has been received by the
Commission prior to the death of the settlor. Following the death
of a settlor and prior to any paym ent to a successor trustee, the
Commission shall obtain from the trustee a written agreement to
indemnify and hold the Commission harmless with respect to any
claims that may be asserted against the Commission arising from
payment to or through the trust. Notwithstanding any other
provisions of this secti on, any person, pursuant to an appropriate
judicial order, shall be paid the prize to which a winner is
entitled;
2. No prize shall be paid arising from claimed tickets that
are:
a. stolen, counterfeit, a ltered, fraudulent, unissued,
produced or issued in error, unreadable, not received,
or not recorded by the Comm ission within applicable
deadlines,
b. lacking in captions that conform and agree with the
play symbols as appropriate to the particular lottery
game involved, or
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c. not in compliance with such a dditional public or
confidential validation and security test s of the
Commission appropriate to the particular lottery game
involved;
3. No particular prize in any lottery game s hall be paid more
than once, and in the event of a determination that more th an one
claimant is entitled to a particular prize, the sole r emedy of the
claimants is the award to each of them of an equal share in the
prize;
4. A holder of a winning cash tic ket or share from a lotter y
game shall claim a cash prize within one hundred eighty (180) days,
or for a multistate or multisovereign lott ery game within one
hundred eighty (180) days, after the drawing in which the cash prize
was won. In any Oklahoma lot tery game in which the pla yer may
determine instantly if the player has won o r lost, the player shall
claim a cash prize within ninety (90 ) days, or for a multistate
lottery game within one hundred eighty (180) days, after the end of
the lottery game. If a valid claim is not made for a cash prize
within the applicable period, the cash prize shall constitute an
unclaimed prize for purposes o f the Oklahoma Education Lottery Act;
5. Any person or persons claiming a lottery prize exceeding Six
Hundred Dollars ($600.00) shall provide t he Commission with their
name, address, social security number or tax identification number,
and sufficient valid identification as proof of the same prior to
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payment of the prize by the Commission. This information shall be
confidential for purposes of the Oklahoma Open Records Act , except
for the person’s first name, city of residence, and prize amount;
and
6. Any person or persons claiming a lottery prize exceeding
Five Thousand Dollars ($5,000.00) shall provide the Commission with
their name, address, social security numb er or tax identification
number, proof of social security n umber or tax identification
number, and sufficient valid identification prior to payment of the
prize by the Commission. This information shall be co nfidential for
purposes of the Oklahoma Open Records Act, e xcept for the person ’s
first name, city of residence, and prize amount; and
7. Any person or persons claiming a lottery prize exceeding Six
Hundred Dollars ($600.00) as a trust shall provide for e ach person
entitled to any portion of the prize their name, address, social
security number or tax identification number, proof of social
security number or tax identification number, and sufficient valid
identification as proof of the same and trust certifications prior
to payment of the prize by the Commission except that such
information specified in this paragraph shall be conf idential and
not subject to the provisions of the Oklahoma Open Records Act.
D. No prize shall be paid upon a ticket or sh are purchased or
sold in violation of the Oklahoma Education Lottery Act. Any such
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prize shall constitute an unclaimed prize for pur poses of the
Oklahoma Education Lottery Act.
E. The Commission is discharged of all liability upon payment
of a prize.
F. No ticket or share shall be purchased by and no prize shall
be paid to any member of the boar d of trustees of the Oklahoma
Lottery Commission, any officer or employee of the Commission, or to
any spouse, child, brother, sister, or parent residing as a mem ber
of the same household in the principal place of residence of any
such person. No ticket o r share shall be purchased by and no pr ize
shall be paid to any officer, employee, agent, or subcontractor of
any vendor or to any spouse, child, brother, sister, or parent
residing as a member of the same household in the principal place of
residence of any such person if the officer, employee , agent, or
subcontractor has access to confidential information which may
compromise the integrity of the lottery.
G. Unclaimed prize money shall not constitute net lottery
proceeds. The first Seven Hundred Fifty T housand Dollars
($750,000.00) of unclai med prize money accruing annually shall be
transferred to the Department of Mental Health and Substance Abuse
Services for the treatment of compulsive gambling disorder and
educational programs related to such disorde r. All other unclaimed
prize money shall be added to the pool from which future prizes are
to be awarded or used for special prize promotions.
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SECTION 4. AMENDATORY 3A O.S. 2021, Section 733, is
amended to read as follows:
Section 733. To ensure the financial integrity of the lottery,
the Oklahoma Lottery Commission through its board of trustees shall:
1. Submit quarterly and annual reports to the Governor, State
Auditor and Inspector, Oklahoma State Bureau of Investigation,
Attorney General, and the oversight committee create d by Section 734
of this title, disclosing the total lottery revenues, prize
disbursements, operating expens es, and administrative expenses of
the Commission during the reporting period . The annual report shall
additionally describe the organizational str ucture of the Commission
and summarize the functions performed by each organizational
division within the Co mmission;
2. Adopt a system of internal audits;
3. Maintain weekly or more frequent records o f lottery
transactions, including the distribution of tickets or shares to
retailers, revenues received, claims for prizes, prizes paid, prizes
forfeited, and other financial transactions of the Commission;
4. Contract with a certified public accountant or firm for an
annual financial audit of the Commissio n. The certified public
accountant or firm shall have no financial interest in any vendor
with whom the Commission is under contract. The certified public
accountant or firm shall present an audit rep ort not later than
seven (7) months after the end of t he fiscal year. The certified
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public accountant or firm shall evaluate the internal auditing
controls in effect during the audit period. The cost of this annual
financial audit shall be an operating e xpense of the Commission.
The State Auditor and Inspe ctor may at any time conduct an audit of
any phase of the operations of the Commission at the expense of th e
Commission and shall receive a copy of the annual independent
financial audit. A copy of any audit performed by the certified
public accountant or firm or the State Auditor and Inspector shall
be transmitted to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives, the State
Auditor and Inspector, and the cochairs of the oversight committee
created in Section 734 of this title;
5. Submit to the Office of Management and Enterprise Services
and the State Auditor and Inspector by June 30 of each year a copy
of the annual operating budget for the C ommission for the next
fiscal year. This annual operatin g budget shall be approved by the
board and be on such forms as prescribed by the Office of Management
and Enterprise Services; and
6. For informational purposes only, submit Submit to the Office
of Management and Enterprise Services on September 1 by October 1 of
each year a proposed operating budget for the Commission for the
succeeding fiscal year. The budget proposal shall also be
accompanied by an estimate of the net proceeds to be deposited in to
the Oklahoma Education Lottery Trust Fund during the s ucceeding
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fiscal year. The budget estimate shall be on such forms as
prescribed by the Office of Manage ment and Enterprise Services.
SECTION 5. AMENDATORY 51 O.S. 2021, Sec tion 24A.5, is
amended to read as follows:
Section 24A.5 All records of public bodies and public officials
shall be open to any person for inspection, copying, or mechanic al
reproduction during regular business hours; provid ed:
1. The Oklahoma Open Reco rds Act, Sections 24A.1 through 24A.30
of this title, does not apply to records specifically required by
law to be kept confidential including:
a. records protected by a sta te evidentiary privilege
such as the attorney -client privilege, the work
product immunity from discovery and the identity of
informer privileges,
b. records of what transpired during meetings of a public
body lawfully closed to the public such as executive
sessions authorized under the Oklahoma Open Meeting
Act,
c. personal information w ithin driver records as defined
by the Driver’s Privacy Protection Act, 18 United
States Code, Sections 2721 through 2725,
d. information in the files of the Board of Medico legal
Investigations obtained pursuant to Sections 94 0 and
941 of Title 63 of the O klahoma Statutes that may be
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hearsay, preliminary unsubstantiated investigation-
related findings, or confidential medical information,
or
e. any test forms, question banks a nd answer keys
developed for state licensure examinat ions, but
specifically excludi ng test preparation materials or
study guides, or
f. last names, addresses, social security numbers or tax
identification numbers , and proof of identification
submitted to the Oklahoma Lottery Commission by
persons claiming a lotter y prize;
2. All Social Security numbers i ncluded in a record may be
confidential regardless of the person’s status as a public employee
or private individual and may be redacted or delete d prior to
release of the record by the public body;
3. Any reasonably segregable portion of a record contain ing
exempt material shall be provided a fter deletion of the exempt
portions; provided however, the Department of Public Safety shall
not be required to assemble for the requesting perso n specific
information, in any format, from driving records relating to any
person whose name and date of birt h or whose driver license number
is not furnished by the requesting person.
The Oklahoma State Bureau of In vestigation shall not be required
to assemble for the requesting person any criminal history records
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relating to persons whose names, dates of birth, and other
identifying information required by the Oklahoma State Bureau of
Investigation pursuant to admin istrative rule are not furnished by
the requesting person;
4. Any request for a record which contains individ ual records
of persons, and the cost of copying, reproducing or certifying each
individual record is otherwise prescribed by state law, the cost m ay
be assessed for each individual reco rd, or portion thereof requested
as prescribed by state law. Otherwise , a public body may charge a
fee only for recovery of the reasonable, direct costs of record
copying, or mechanical reproduction. Notwithstanding any state or
local provision to the co ntrary, in no instance shall the record
copying fee exceed twenty -five cents ($0.25) per page for records
having the dimensions of eight and one-half (8 1/2) by fourteen (14)
inches or smaller, or a maximum of One Dol lar ($1.00) per copied
page for a certified copy. However, if the request:
a. is solely for commercial purpos e, or
b. would clearly cause excessive disruption of the
essential functions of the public body,
then the public body may charge a reasonable fee to recover the
direct cost of record se arch and copying; however, publication in a
newspaper or broadcast by n ews media for news purposes shall not
constitute a resale or use of a record for trade or commercial
purpose and charges for providing copies of e lectronic data to the
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news media for a news purpose shall not exceed the direct cost of
making the copy. The fee charged by the Department of Public Safety
for a copy in a computerized format of a record of the Department
shall not exceed the direct cost of making the copy unless the fee
for the record is otherwise set by law.
Any public body establishing fees un der this act shall post a
written schedule of the fees at its principal office and with the
county clerk.
In no case shall a search fee be charged when the release of
records is in the public interest, including, but not limited to,
release to the news med ia, scholars, authors and taxpayers see king
to determine whether those entrusted with the affairs of the
government are honestly, faithfully, and competently performing
their duties as public servants.
The fees shall not be used for the purpose of discoura ging
requests for information or as obs tacles to disclosure of requested
information;
5. The land description tract index of all recorded instrum ents
concerning real property required to be kept by the county clerk of
any county shall be available for ins pection or copying in
accordance with the provisions of the Oklahoma Open Records Act;
provided, however, the index shall not be copied or mechani cally
reproduced for the purpose of sal e of the information;
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6. A public body must provide prompt, reasonable access to its
records but may establis h reasonable procedures which protect the
integrity and organization of its records and to prevent excessiv e
disruptions of its essential function s. A delay in providing access
to records shall be limited solely to t he time required for
preparing the requested documents and the avoidance of excessive
disruptions of the public body’s essential functions. In no event
may production of a current requ est for records be unreasonably
delayed until after completion of a pri or records request that will
take substantially longer than the current request. Any public body
which makes the requested records available on t he Internet shall
meet the obligation o f providing prompt, reasonable access to its
records as required by thi s paragraph; and
7. A public body shal l designate certain persons who are
authorized to release records of the public body for inspection,
copying, or mechanical reproduction. At leas t one person shall be
available at all times to release records during the regular
business hours of the publi c body.
SECTION 6. REPEALER 3A O.S. 2021, Section 706, is hereby
repealed.
SECTION 7. This act shall become effective November 1, 2023."
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Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 612 By: Howard of the Senate
and
Osburn of the House
An Act relating to the Oklahoma Lottery ; amending 3A
O.S. 2021, Sections 712, 713, as amended by Section
1, Chapter 359, O.S.L. 2022, 724, and 733 (3A O.S.
Supp. 2022, Section 713), which relate to the
Oklahoma Lottery Commission, prize claims, and the
board of trustees; expanding required background
checks for certain applicants; requiring annual
background checks for Commission employees; deleting
Commission requirement to pay for certain
investigations and contract with the Oklahoma State
Bureau of Investigation; deleting r equirement to
submit certain report; deleting requirement to
display certain certificate; modifying certain
information required for submission; modifying
required date for submission of certain information;
modifying threshold for certain information required
to claim prize; modifying information required to
claim certain prize; amending 51 O.S. 2021, Section
24A.5, which relates to the Oklahoma Open Records
Act; providing exception; repealing 3A O.S. 2021,
Sections 706 and 734, which relate to Lottery
Retailer Advisory Board and Oklahoma Lottery
Commission Legislative Oversight Committee; updating
statutory reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 8. AMENDATORY 3A O.S. 2021, Section 712, is
amended to read as follows:
Section 712. A. The executive director of the Oklahoma Lott ery
Commission, with the approval of the board of trustees, shall employ
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such personnel as may be necessary to carry out the provi sions of
this act and shall set the comp ensation and terms of comp ensation of
such employees. All office s, positions, and per sonnel of the
Oklahoma Lottery Commission shall be in the unclassified service.
B. No employee of the Commission shall have a financial
interest in any vendor doing busi ness or proposing to do bu siness
with the Commission.
C. No employee of the Commission shall participate in any
decision involving a retailer with whom the employee has a financial
interest.
D. No employee of the Commission who leaves the employment of
the Commission may represent any vendor or lottery retailer before
the Commission for a period of two (2) years following termination
of employment with the Commission.
E. A background investig ation shall be conducte d on each
applicant who has reached the final selection process pr ior to
employment by the Commission at the level of division director and
above and at any level within any division of security and as
otherwise required by the board of trustees of the Oklahoma Lottery
Commission. The Commission shall pay for the actual cost of the
investigations and shall c ontract with the Okla homa State Bureau of
Investigation for the performance of the investigations and on every
employee of the Commission for each calendar year . The results of
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a background investigation shall not be considered a record open to
the public pursuant to the Okl ahoma Open Records Act.
F. No person who has been convicted of any felony or a
misdemeanor involving illeg al gambling or involving moral turpitude
shall be employed by t he Commission, nor shall the Commission employ
a person who is awaiting sentencing on a plea of guilt or nolo
contendere to such a felony or misdemeanor .
G. The Commission shall bond Commission employees with access
to Commission funds or lottery revenue in an amount specified b y the
board and may bond other employees as deemed necessary.
SECTION 9. AMENDATORY 3A O.S. 2021, Section 713, as
amended by Section 1, Chapter 359, O.S.L. 2022 (3A O.S. Supp. 2022,
Section 713), is amended to read as follows:
Section 713. A. All gross proceeds shall b e the property of
the Oklahoma Lottery Commission. From its gross proceeds, the
Commission shall pay the operating expenses of the Commission. At
least forty-five percent (45%) of gross proceeds shall be made
available as prize money. However, the provisions of this
subsection shall be deemed not to create any lien, entitlement,
cause of action, or other private right, and any rights of holders
of tickets or shares shall be d etermined by the Commission in
setting the terms of its lottery or lotteries.
B. The Oklahoma Lottery Commission shall submit a written
report of its findings and any recommendations regarding the impact
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of removing the requirement that net proceeds shall equal at least
thirty-five percent (35%) of the gross proceeds. The report shall
be submitted to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate not later than October 1, 2020, and annually thereafter.
C. There is hereby created in the State Treasury a fu nd to be
designated the “Oklahoma Education Lottery Trust Fund”. Except as
otherwise provided in subsections H G and I H of this section, on or
before the fifteenth day of each ca lendar quarter, the Commission
shall transfer to the State Treasurer, for cr edit to the Oklahoma
Education Lottery Trust Fund, the amount of all net proceeds
accruing during the preceding calendar quarter. Expenditures from
the fund shall be made upon war rants issued by the State Treasurer
against claims filed as prescribed by la w with the Director of the
Office of Management and Enterprise Services for approval and
payment.
D. C. Upon their deposit into the State Treasury, any monies
representing a deposit of net proceeds shall then become the
unencumbered property of this state , and neither the Commission nor
the board of trustees shall have the power to agree or undertake
otherwise. The monies shall be invested by the State Treasurer in
accordance with state investment practices. All earnings
attributable to such investments shall likewise be the unencumbered
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property of the state and shall acc rue to the credit of the fund
provided for in subsection C B of this section.
1. The first Sixty-five Million Dollars ($65,000,000.00) of
monies contributed annually to the Oklahoma Education Lottery Trust
Fund shall only be appropriated as follows:
a. forty-five percent (45%) for the following:
(1) kindergarten through twelfth grade public
education, including but not limi ted to
compensation and benefits for public school
teachers and support employees, and
(2) early childhood development programs, which shall
include but not be limited to costs associated
with prekindergarten and full -day kindergarten
programs,
b. forty-five percent (45%) for the following:
(1) tuition grants, loans and scholarships to
citizens of this state to enable such citizens to
attend colleges and universities located within
this state, regardless of whether such colleges
and universities are owned o r operated by the
Oklahoma State Regents for Higher Education, or
to attend institutions operated under the
authority of the Oklahoma Department of Career
and Technology Education; provided, such tuition
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grants, loans and scholarships shall not be made
to a citizen of this state to attend a college or
university which is not accredited by the
Oklahoma State Regents for Higher Education,
(2) construction of educational facilities for
elementary school districts, independent school
districts, The Oklahoma Sta te System of Higher
Education, and career and technology educatio n,
(3) capital outlay projects for elementary school
districts, independent school districts, The
Oklahoma State System of Higher Education, and
career and technology education,
(4) technology for public elementary school district,
independent school district, state higher
education, and career and technology education
facilities, which shall include but not be
limited to costs of providing to teachers at
accredited public institutions who tea ch levels
kindergarten through twelfth grade, personnel at
technology centers under the authority of the
Oklahoma State Department of Career and
Technology Education, and professors and
instructors within The Oklahoma State System of
Higher Education, the necessary training in the
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use and application of computers a nd advanced
electronic instructional technology to implement
interactive learning environments in the
classroom and to access the sta tewide distance
learning network and costs associated with
repairing and maintaining advanced electronic
instructional technology,
(5) endowed chairs for professors at institutions of
higher education operated by The Oklahoma State
System of Higher Educati on, and
(6) programs and personnel of the Oklahoma School for
the Deaf and the Oklahoma School for the Blind,
c. five percent (5%) to the School Consolidation and
Assistance Fund. When the total amount in the School
Consolidation and Assistance Fund from all sources
equals Five Million Dollars ($5,000,0 00.00), all
monies appropriated pursuant to this subparagraph
which would otherwise be deposited in the School
Consolidation and Assistance Fund in excess of Five
Million Dollars ($5,000,000.00) shall be all ocated by
the State Department of Educa tion to public schools
based on the audited end-of-year average daily
membership in grades 8 through 12 during the preceding
school year for the purpose of purchasing technology
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equipment. If at any time the total am ount in the
School Consolidation and As sistance Fund drops below
Five Million Dollars ($5,000,000.00), the monies
appropriated pursuant to this subparagraph shall be
deposited in the School Consolidation and Assistance
Fund until the Fund again reaches Fiv e Million Dollars
($5,000,000.00), and
d. five percent (5%) to the Teachers’ Retirement System
Dedicated Revenue Revolving Fund.
In no instance shall the annual maximum percentage for
administrative costs, not including marketing and advertising costs,
funds set aside for prizes, commissions paid to retailers, contract
fees paid to gaming system vendors and instant ticket providers or
emergency-related capital expenses, exceed three percent (3%) of
sales.
2. The remaining portion of lottery annual net proc eeds
deposited to the Oklahoma Education Lottery Trust Fund that exceeds
Sixty-five Million Dollars ($65,000,000.00) shall be deposited to
the credit of the Teacher Empowerment Revolving Fund created in
Section 2 of this act.
E. D. The Legislature shall appropriate funds from the Oklahoma
Education Lottery Trust Fund only for the purposes spe cified in
subsection D C of this section. Even when funds from the trust fund
are used for these purposes, the Legislature shall not use funds
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from the trust fund to supplant or replace other state fun ds
supporting common education, higher education, or c areer and
technology education.
F. E. In order to ensure that the funds from the trust fund are
used to enhance and not supplant funding for education, the State
Board of Equalization shall examine and investigate appropriations
from the trust fund each y ear. At the meeting of the State Board of
Equalization held within five (5) days after the monthly
apportionment in February of each year, the State Board of
Equalization shall issue a finding and repo rt which shall state
whether appropriations from the t rust fund were used to enhance or
supplant education funding. If the State Board of Equalization
finds that education funding was supplanted by funds from the trust
fund, the Board shall specify the am ount by which education funding
was supplanted. In this event, the Legislature shall not make any
appropriations for the ensuing fiscal year until an appropriation in
that amount is made to replenish the trust fund.
G. F. Except as otherwise provided by this subsection, no
deficiency in the Oklahoma Educati on Lottery Trust Fund shall be
replenished by reducing any nonlottery funds including, specifically
but without limitation, the General Revenue Fund, the Constitutiona l
Reserve Fund, or the Education Ref orm Revolving Fund of the State
Department of Educati on. No program or project started specifically
from lottery proceeds shall be continued from the General Revenue
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Fund, the Constitutional Reserve Fund, or the Education Reform
Revolving Fund of the State Department of Education. Such programs
must be adjusted or discontinued according to available lottery
proceeds unless the Legislature by general law establishes
eligibility requirements and appropriates specific fund s therefor.
No surplus in the Oklaho ma Education Lottery Trust Fund shall be
reduced or transferred to correct any nonlottery deficiencies in
sums available for general appropriations. The provisions of this
subsection shall not apply to bonds or other o bligations issued
pursuant to or to the repayment of bonds or other obligations issued
pursuant to the Oklahoma Higher Education Promise of Excellence Act
of 2005.
H. G. There is hereby created in the State Treasury a revolving
fund to be designated the “Oklahoma Education Lottery Revolving
Fund”. The fund shall be a continuing fund, not sub ject to fiscal
year limitations, and shall consist of all monies received by the
Commission. The Commission shall make payments of net proceeds from
the fund to the Oklahoma Education Lottery Trust Fund on or before
the fifteenth day of each calendar quar ter as provided in subsection
C B of this section. All monies accruing to the credit of the
Oklahoma Education Lottery Revolving Fund are hereby appropriated
and may be budgeted and expended for the paymen t of net proceeds,
prizes, commissions to retailers, administrative expenses and all
other expenses arising out of the operation of the education
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lottery, subject to the limitations provided in the Oklahoma
Education Lottery Act. Expenditures from the fun d shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
The monies in the fund shall be invested by the State Trea surer
in accordance with state investment practices. All earnings
attributable to such investments shall likewise accrue to the credit
of the fund.
I. H. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to common education purs uant to the provisions
of subparagraph a of paragraph 1 of subsection D C of this section,
the appropriations shall be made available on a monthly basis. In
addition to the provisions of subsections C B and D C of this
section, the following process shall be used to ensure that the
appropriations are made available to common education in a timely
manner:
1. Beginning in July of the fiscal year in which appropriations
are made to common education from the Oklahoma Education Lottery
Trust Fund, the Commissio n, on or before the ninth day of each
month, shall transfer to the State Treasurer, for credit to the
Oklahoma Education Lottery Trust Fund, the amount of net proceed s
accruing during the preceding month equal to the amount of total
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monthly collections due to common education as required by
subparagraph a of paragraph 1 of subsection D C of this section;
2. The Director of the Office of Management and Enterprise
Services shall allocate the transfers provided for in paragraph 1 of
this subsection to the State Department of Education on a monthly
basis, not to exceed one-twelfth (1/12) of the annual apportionment
for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to common
education from the Oklahoma Education Lottery Trust Fund for the
specific fiscal year.
J. I. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to The Oklahoma Sta te System of Higher
Education, the appropriations shall be made available to the System
on a monthly basis. In addition to the provisions of subsections C
B and D C of this section, the following process shall be used to
ensure that the appropriations are mad e available to The Oklahoma
State System of Higher Education i n a timely manner:
1. Beginning in July of the fiscal year in which appropriations
are made to The Oklahoma State System of Higher Education from the
Oklahoma Education Lottery Trust Fund, the Commission, on or before
the ninth day of each month, shall tr ansfer to the State Treasurer,
for credit to the Oklahoma Education Lottery Trust Fund, the amount
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of net proceeds accruing during the preceding month equal to the
amount of total monthly collec tions due to the Oklahoma State
Regents for Higher Education a s required by subparagraph b of
paragraph 1 of subsection D C of this section;
2. The Director of the Office of Management and Enterprise
Services shall allocate the transfers provided for in paragraph 1 of
this subsection to the Oklahoma State Regents for Higher Education
on a monthly basis, not to exceed one-twelfth (1/12) of the annual
apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to The
Oklahoma State System for Higher Education from the Oklahoma
Education Lottery Trust Fund for the specific fiscal year.
SECTION 10. AMENDATORY 3A O.S. 2021, Section 724, is
amended to read as follows:
Section 724. A. Proceeds of any lottery prize shall be subject
to the Oklahoma state income tax.
B. Attachments, garnishment s, or executions authorized and
issued pursuant to law shall be withheld if timely served upon the
Oklahoma Lottery Com mission. This subsection sha ll not apply to
payment of prizes by a retailer.
C. The Commission shall adopt policies and procedures to
establish a system of verifying the validity of tick ets or shares
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claimed to win prizes and to effect payment of the pri zes, except
that:
1. No prize, any portion of a prize, or any right of any person
to a prize awarded shall be assignable. Any prize or any portion of
a prize remaining unpaid at the deat h of a prize winner shall be
paid to the estate of the deceased priz e winner or to the trustee of
a trust established by the deceased prize winner as settlor if a
copy of the trust document or instrument h as been filed with the
Commission along with a nota rized letter of direction from the
settlor and no written notice of revocation has been received by the
Commission prior to the death of the settlor. Following the death
of a settlor and prior to any paym ent to a successor trustee, the
Commission shall obtain from the trustee a written agreement to
indemnify and hold the Commission harmless with resp ect to any
claims that may be asserted against the Commission arising from
payment to or through the trust. Notwithstanding any other
provisions of this secti on, any person, pursuant to an appropriate
judicial order, shall be paid the prize to which a win ner is
entitled;
2. No prize shall be paid arising from claimed tickets that
are:
a. stolen, counterfeit, a ltered, fraudulent, unissued,
produced or issued in error, unreadable, not received,
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or not recorded by the Commission within applicable
deadlines,
b. lacking in captions that conform and agree with the
play symbols as appropriate to the particular lottery
game involved, or
c. not in compliance with such a dditional public or
confidential validation and security tests of th e
Commission appropriate to t he particular lottery game
involved;
3. No particular prize in any lottery game shall be paid more
than once, and in the event of a determination that more th an one
claimant is entitled to a particular prize, the sole remedy o f the
claimants is the award to each of them of an equal share in the
prize;
4. A holder of a winning cash ticket or share from a lotter y
game shall claim a cash prize within one hundred eighty (180) days,
or for a multistate or multisovereign lottery gam e within one
hundred eighty (180) days, after the drawing in which the cash prize
was won. In any Oklahoma lottery game in which the pla yer may
determine instantly if the player has won o r lost, the player shall
claim a cash prize within ninety (90) days, or for a multistate
lottery game within one hundred eighty (180) days, after the end of
the lottery game. If a valid claim is not made for a cash prize
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within the applicable period, the cash prize shall constitute an
unclaimed prize for purposes of the O klahoma Education Lottery Act ;
5. Any person or persons claiming a lottery prize exceeding Six
Hundred Dollars ($600.00) shall provide t he Commission with their
name, address, social security number or tax identification number,
and sufficient valid ident ification as proof of the same prior to
payment of the prize by the Commission. This information shall be
confidential for purposes of the Oklahoma Open Records Act , except
for the person’s first name, city of residence, and prize amount;
and
6. Any person or persons claiming a lott ery prize exceeding
Five Thousand Dollars ($5,000.00) shall provide the Commission with
their name, address, social security numb er or tax identification
number, proof of social security n umber or tax identification
number, and sufficient valid identification prior to payment of the
prize by the Commission. This information shall be confiden tial for
purposes of the Oklahoma Open Records Act, e xcept for the person ’s
first name, city of residence, and prize amount; and
7. Any person or persons claimin g a lottery prize exceeding Six
Hundred Dollars ($600.00) as a trust shall provide for each pe rson
entitled to any portion of the prize their name, address, social
security number or tax identification number, proof of social
security number or tax identificatio n number, and sufficient valid
identification as proof of the same and trust certifications prior
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to payment of the prize by the Commission except that such
information specified in this paragraph shall be conf idential and
not subject to the provisions of the Oklahoma Open Records Act.
D. No prize shall be paid upon a ticket or sh are purchased or
sold in violation of the Oklahoma Education Lottery Act. Any such
prize shall constitute an unclaimed prize for pur poses of the
Oklahoma Education Lottery Act.
E. The Commission is discharged of all liability upon payment
of a prize.
F. No ticket or share shall be purchased by and no prize shall
be paid to any member of the boar d of trustees of the Oklahoma
Lottery Commission, any officer or employee of the Comm ission, or to
any spouse, child, brother, sister, or parent residing as a mem ber
of the same household in the principal place of residence of any
such person. No ticket o r share shall be purchased by and no pr ize
shall be paid to any officer, employee, ag ent, or subcontractor of
any vendor or to any spouse, child, brother, sister, or parent
residing as a member of the same household in the principal place of
residence of any such person if the officer, employee , agent, or
subcontractor has access to confid ential information which may
compromise the integrity of the lottery.
G. Unclaimed prize money shall not constitute net lottery
proceeds. The first Seven Hundred Fifty T housand Dollars
($750,000.00) of unclai med prize money accruing annually shall be
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transferred to the Department of Mental Health and Substance Abuse
Services for the treatment of compulsive gambling disorder and
educational programs related to such disorde r. All other unclaimed
prize money shall be added to the pool from which future priz es are
to be awarded or used for special prize promotions.
SECTION 11. AMENDATORY 3A O.S. 2021, Section 733, is
amended to read as follows:
Section 733. To ensure the financial integrity of the lottery ,
the Oklahoma Lottery Commis sion through its board of trustees shall:
1. Submit quarterly and annual reports to the Governor, State
Auditor and Inspector, Oklahoma State Bureau of Investigation, and
Attorney General, and the oversight committee created b y Section 734
of this title, disclosing the total lottery revenues, prize
disbursements, operating expens es, and administrative expenses of
the Commission during the reporting period . The annual report shall
additionally describe the organizational struct ure of the Commission
and summarize the functions performed by each organizational
division within the Co mmission;
2. Adopt a system of internal audits;
3. Maintain weekly or more frequent records o f lottery
transactions, including the distribution of ti ckets or shares to
retailers, revenues received, claims for prizes, prizes paid, prizes
forfeited, and other financial transactions of the Commission;
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4. Contract with a certified public accountant or firm for an
annual financial audit of the Commission. The certified public
accountant or firm shall have no financial interest in any vendor
with whom the Commission is under contract. The certified public
accountant or firm shall present an audit rep ort not later than
seven (7) months after the end of the fiscal year. The certified
public accountant or firm shall evaluate the internal auditing
controls in effect during the audit period. The cost of this annual
financial audit shall be an operating e xpense of the Commission.
The State Auditor and Inspecto r may at any time conduct an audit of
any phase of the operations of the Commission at the expense of th e
Commission and shall receive a copy of the annual independent
financial audit. A copy of any audit performed by the certified
public accountant or fi rm or the State Auditor and I nspector shall
be transmitted to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives, and the
State Auditor and Inspect or, and the cochairs of the oversight
committee created in Section 734 of this title ;
5. Submit to the Office of Management and Enterprise Services
and the State Auditor and Inspector by June 30 of each year a copy
of the annual operating budget for the C ommission for the next
fiscal year. This annual operatin g budget shall be approved by the
board and be on such forms as prescribed by the Office of Management
and Enterprise Services; and
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6. For informational purposes only, submit Submit to the Office
of Management and Enterprise Services on September 1 by October 1 of
each year a proposed operating budget for the Commission for the
succeeding fiscal year. The budget proposal shall also be
accompanied by an estimate of the net proceeds to be deposited in to
the Oklahoma Education Lottery Trust Fund during the s ucceeding
fiscal year. The budget estimate shall be on such forms as
prescribed by the Office of Manage ment and Enterprise Services.
SECTION 12. AMENDATORY 51 O.S. 2021, Sec tion 24A.5, is
amended to read as follows:
Section 24A.5. All records of public bodie s and public
officials shall be open to any person for inspection, copying, or
mechanical reproduction during regular business hours; provid ed:
1. The Oklahoma Open Reco rds Act, Sections 24A.1 through 24A.30
of this title, does not apply to records specif ically required by
law to be kept confidential including:
a. records protected by a sta te evidentiary privilege
such as the attorney -client privilege, the work
product immunity from discovery and the identity of
informer privileges,
b. records of what tran spired during meetings of a public
body lawfully closed to the public such as executive
sessions authorized under the Oklahoma Open Meeting
Act,
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c. personal information w ithin driver records as defined
by the Driver’s Privacy Protection Act, 18 United
States Code, Sections 2721 through 2725,
d. information in the files of the Board of Medico legal
Investigations obtained pursuant to Sections 94 0 and
941 of Title 63 of the O klahoma Statutes that may be
hearsay, preliminary unsubstantiated investigation -
related findings, or confidential medical information,
or
e. any test forms, question banks a nd answer keys
developed for state licensure examinat ions, but
specifically excludi ng test preparation materials or
study guides, or
f. last names, addresses, social sec urity numbers or tax
identification numbers , and proof of identification
submitted to the Oklahoma Lottery Commission by
persons claiming a lotter y prize;
2. All Social Security numbers i ncluded in a record may be
confidential regardless of the person ’s status as a public employee
or private individual and may be redacted or delete d prior to
release of the record by the public body;
3. Any reasonably segregable portion of a record contain ing
exempt material shall be provided a fter deletion of the exempt
portions; provided however, the Department of Public Safety shall
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not be required to assemble for the requesting perso n specific
information, in any format, from driving records relating to any
person whose name and date of birt h or whose driver license num ber
is not furnished by the requesting person.
The Oklahoma State Bureau of In vestigation shall not be required
to assemble for the requesting person any criminal history records
relating to persons whose names, dates of birth, and other
identifying information required by the Oklahoma State Bureau of
Investigation pursuant to admin istrative rule are not furnished by
the requesting person;
4. Any request for a record which contains individ ual records
of persons, and the cost of copying, reproducing or cert ifying each
individual record is otherwise prescribed by state law, the cost m ay
be assessed for each individual reco rd, or portion thereof requested
as prescribed by state law. Otherwise , a public body may charge a
fee only for recovery of the reasonable , direct costs of record
copying, or mechanical reproduction. Notwithstanding any state or
local provision to the co ntrary, in no instance shall the record
copying fee exceed twenty -five cents ($0.25) per page for records
having the dimensions of eight an d one-half (8 1/2) by fourteen (14)
inches or smaller, or a maximum of One Dol lar ($1.00) per copied
page for a certified copy. However, if the request:
a. is solely for commercial purpos e, or
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b. would clearly cause excessive disruption of the
essential functions of the public body,
then the public body may charge a reasonable fee to recover the
direct cost of record se arch and copying; however, publication in a
newspaper or broadcast by n ews media for news purposes shall not
constitute a resale or use of a record for trade or commercial
purpose and charges for providing copies of e lectronic data to the
news media for a news purpose shall not exceed the direct cost of
making the copy. The fee charged by the Department of Public Safety
for a copy in a compu terized format of a record of the Department
shall not exceed the direct cost of making the copy unless the fee
for the record is otherwise set by law.
Any public body establishing fees un der this act shall post a
written schedule of the fees at its princi pal office and with the
county clerk.
In no case shall a search fee be charged when the release of
records is in the public interest, including, but not limited to,
release to the news med ia, scholars, authors and taxpayers see king
to determine whether tho se entrusted with the affairs of the
government are honestly, faithfully, and competently performing
their duties as public servants.
The fees shall not be used for the purpose of discoura ging
requests for information or as obs tacles to disclosure of reque sted
information;
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5. The land description tract index of all recorded instrum ents
concerning real property required to be kept by the county clerk of
any county shall be available for ins pection or copying in
accordance with the provisions of the Oklahoma Open Records Act;
provided, however, the index shall not be copied or mechani cally
reproduced for the purpose of sal e of the information;
6. A public body must provide prompt, reasonable access to its
records but may establis h reasonable procedures which protect the
integrity and organization of its records and to prevent excessiv e
disruptions of its essential function s. A delay in providing access
to records shall be limited solely to t he time required for
preparing the requested documents and the avoid ance of excessive
disruptions of the public body’s essential functions. In no event
may production of a current requ est for records be unreasonably
delayed until after completion of a pri or records request that will
take substantially longer than the curr ent request. Any public body
which makes the requested records available on t he Internet shall
meet the obligation o f providing prompt, reasonable access to its
records as required by thi s paragraph; and
7. A public body shal l designate certain persons w ho are
authorized to release records of the public body for inspection,
copying, or mechanical reproduction. At leas t one person shall be
available at all times to release records during the regular
business hours of the publi c body.
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SECTION 13. REPEALER 3A O.S. 2021, Sections 706 and 734,
are hereby repealed.
SECTION 14. This act shall become effective November 1, 2023.
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives