| 53 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 54 | + | SECTION 1. AMENDATORY 68 O.S. 2021, Section 3102, is |
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| 55 | + | amended to read as follows: |
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| 56 | + | Section 3102. A. Except for periods governed by the provisions |
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| 57 | + | of subsection C of Section 3148 of this title, within sixty (60) |
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| 58 | + | days after taxes on personal property shall become delinquent as of |
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| 59 | + | April 1, the county treasurer shall mai l notice to the last-known |
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| 60 | + | address of such delinquent taxpayer and cause a general notice to be |
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| 61 | + | published one time in some newspaper of general circulation, |
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| 62 | + | published in the county, giving the name of each person owi ng |
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| 49 | | - | |
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| 50 | | - | AMENDMENT NO. 1. Page 1, Line 10, strike the enacting clause |
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| 51 | | - | |
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| 52 | | - | |
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| 53 | | - | |
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| 54 | | - | Passed the House of Representatives the 26th day of April, 2023. |
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| 55 | | - | |
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| 56 | | - | |
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| 57 | | - | |
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| 58 | | - | |
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| 59 | | - | |
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| 60 | | - | Presiding Officer of the House of |
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| 61 | | - | Representatives |
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| 62 | | - | |
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| 63 | | - | |
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| 64 | | - | Passed the Senate the ____ day of __________, 2023. |
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| 66 | | - | |
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| 67 | | - | |
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| 68 | | - | |
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| 69 | | - | |
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| 70 | | - | Presiding Officer of the Senate |
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| 71 | | - | |
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| 72 | | - | |
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| 73 | | - | ENGR. S. B. NO. 742 Page 1 1 |
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| 64 | + | SB742 HFLR Page 2 |
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| 65 | + | BOLD FACE denotes Committee Amendments. 1 |
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| 98 | | - | ENGROSSED SENATE |
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| 99 | | - | BILL NO. 742 By: Pederson of the Senate |
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| 100 | | - | |
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| 101 | | - | and |
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| 102 | | - | |
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| 103 | | - | Pfeiffer of the House |
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| 104 | | - | |
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| 105 | | - | |
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| 106 | | - | |
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| 107 | | - | |
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| 108 | | - | [ ad valorem tax - notice of delinquency - assets - |
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| 109 | | - | confidentiality - exception to inspection - Oklahoma |
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| 110 | | - | Open Records Act - exception - effective date ] |
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| 111 | | - | |
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| 112 | | - | |
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| 113 | | - | |
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| 114 | | - | |
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| 115 | | - | |
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| 116 | | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 117 | | - | SECTION 1. AMENDATORY 68 O.S. 2021, Section 3102, is |
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| 118 | | - | amended to read as follows: |
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| 119 | | - | Section 3102. A. Except for periods govern ed by the provisions |
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| 120 | | - | of subsection C of Section 3148 of this title, within sixty (60) |
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| 121 | | - | days after taxes on personal property shall become delinquent as of |
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| 122 | | - | April 1, the county treasurer shall mai l notice to the last-known |
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| 123 | | - | address of such delinquent taxpayer and cause a general notice to be |
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| 124 | | - | published one time in some newspaper of general circulation, |
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| 125 | | - | published in the county, giving the name of each person owi ng |
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| 95 | + | canceled pursuant to Section 2892 of this title. Such liens are |
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| 96 | + | superior to all other liens, conveyances or encumbrances f iled |
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| 97 | + | subsequent thereto, on real or personal property. Th e tax lien |
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| 98 | + | shall be a lien on all real a nd personal property of the taxpayer in |
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| 99 | + | the county for a period of seven (7) years, except as otherwi se |
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| 100 | + | provided in subsection B of Section 3103 of this title . From and |
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| 101 | + | after the entry of the tax upon the tax lien d ocket, any person |
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| 102 | + | claiming any interest in any land or personal property can sue the |
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| 103 | + | county treasurer and board of county commissioners in th e district |
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| 104 | + | court to determine the validity or priority of the lien. |
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| 105 | + | B. Upon providing notice to the delinquent taxpa yer, the county |
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| 106 | + | treasurer shall request, and the county assessor shall submit to the |
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| 107 | + | county treasurer, the listing of assets reported by th e delinquent |
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| 108 | + | taxpayer. The information submitted pursuant to this subsection |
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| 109 | + | shall be protected as confidential by the county treasurer and shall |
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| 110 | + | not be available for inspection under the Oklahoma Open Records Act. |
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| 111 | + | SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.5, is |
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| 112 | + | amended to read as follows: |
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| 157 | | - | canceled pursuant to Section 2892 of this title. Such liens are |
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| 158 | | - | superior to all other liens, conveyances or encumbrances f iled |
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| 159 | | - | subsequent thereto, on real or personal property. Th e tax lien |
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| 160 | | - | shall be a lien on all real a nd personal property of the taxpayer in |
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| 161 | | - | the county for a period of seven (7) years, except as otherwi se |
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| 162 | | - | provided in subsection B of Section 3103 of this title . From and |
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| 163 | | - | after the entry of the tax upon the tax lien d ocket, any person |
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| 164 | | - | claiming any interest in any land or personal property can sue the |
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| 165 | | - | county treasurer and board of county commissioners in th e district |
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| 166 | | - | court to determine the validity or priority of the lien. |
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| 167 | | - | B. Upon providing notice to the delinquent taxpa yer, the county |
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| 168 | | - | treasurer shall request, and the county assessor shall submit to the |
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| 169 | | - | county treasurer, the listing of assets reported by th e delinquent |
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| 170 | | - | taxpayer. The information submitted pursuant to this subsection |
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| 171 | | - | shall be protected as confidential by the county treasurer and shall |
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| 172 | | - | not be available for inspection under the Oklahoma Open Records Act. |
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| 173 | | - | SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.5, is |
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| 174 | | - | amended to read as follows: |
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| 146 | + | a. records protected by a state evidentiary privilege |
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| 147 | + | such as the attorney -client privilege, the work |
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| 148 | + | product immunity from discovery and the identity of |
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| 149 | + | informer privileges, |
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| 150 | + | b. records of what transpired during meetings of a public |
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| 151 | + | body lawfully closed to the public such as executive |
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| 152 | + | sessions authorized under the Oklahoma Open Meeting |
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| 153 | + | Act, |
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| 154 | + | c. personal information within driver records as defined |
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| 155 | + | by the Driver’s Privacy Protection Act, 18 United |
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| 156 | + | States Code, Sections 2721 through 2725, |
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| 157 | + | d. information in the files of the Board of Medicolegal |
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| 158 | + | Investigations obtained pursuant to Sections 94 0 and |
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| 159 | + | 941 of Title 63 of the Oklahoma Statutes that may be |
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| 160 | + | hearsay, preliminary unsubstantiated investigation - |
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| 161 | + | related findings, or confidential medical informati on, |
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| 162 | + | or |
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| 207 | | - | a. records protected by a state evidentiary privi lege |
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| 208 | | - | such as the attorney -client privilege, the work |
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| 209 | | - | product immunity from discovery and the identity of |
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| 210 | | - | informer privileges, |
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| 211 | | - | b. records of what transpired during meetings of a public |
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| 212 | | - | body lawfully closed to the public such as executive |
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| 213 | | - | sessions authorized under the Oklahoma Open Meeting |
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| 214 | | - | Act, |
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| 215 | | - | c. personal information within driver records as defined |
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| 216 | | - | by the Driver’s Privacy Protection Act, 18 United |
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| 217 | | - | States Code, Sections 2721 through 2725, |
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| 218 | | - | d. information in the files of the Board of Medicolegal |
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| 219 | | - | Investigations obtained pursuant to Sections 94 0 and |
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| 220 | | - | 941 of Title 63 of the Oklahoma Statutes that may be |
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| 221 | | - | hearsay, preliminary unsubstantiated investigation - |
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| 222 | | - | related findings, or confidential medical informati on, |
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| 223 | | - | or |
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| 197 | + | 2. All Social Security numbers included in a record may be |
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| 198 | + | confidential regardless of the person ’s status as a public e mployee |
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| 199 | + | or private individual and may be redacted or deleted prior to |
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| 200 | + | release of the record by the public body; |
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| 201 | + | 3. Any reasonably segregable portion of a record containing |
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| 202 | + | exempt material shall be provided after deletion of the exempt |
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| 203 | + | portions; provided h owever, the Department of Public Safety shall |
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| 204 | + | not be required to assemble for the request ing person specific |
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| 205 | + | information, in any format, from driving records relating to any |
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| 206 | + | person whose name and date of birth or whose driver license number |
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| 207 | + | is not furnished by the requesting person. |
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| 208 | + | The Oklahoma State Bur eau of Investigation shall not be requi red |
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| 209 | + | to assemble for the requesting person any criminal history records |
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| 210 | + | relating to persons whose nam es, dates of birth, and other |
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| 211 | + | identifying information required by t he Oklahoma State Bureau of |
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| 212 | + | Investigation pursuant to administrative rule are not furnish ed by |
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| 213 | + | the requesting person; |
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| 257 | | - | 2. All Social Security numbers included in a record may be |
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| 258 | | - | confidential regardless of the person ’s status as a public e mployee |
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| 259 | | - | or private individual and may be redacted or deleted prior to |
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| 260 | | - | release of the record by the public body; |
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| 261 | | - | 3. Any reasonably segregable portion o f a record containing |
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| 262 | | - | exempt material shall be provided after deletion of the exempt |
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| 263 | | - | portions; provided h owever, the Department of Public Safety shall |
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| 264 | | - | not be required to assemble for the request ing person specific |
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| 265 | | - | information, in any format, from driving r ecords relating to any |
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| 266 | | - | person whose name and date of birth or whose driver license number |
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| 267 | | - | is not furnished by the requesting person. |
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| 268 | | - | The Oklahoma State Bur eau of Investigation shall not be requi red |
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| 269 | | - | to assemble for the requesting person any criminal history records |
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| 270 | | - | relating to persons whose nam es, dates of birth, and other |
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| 271 | | - | identifying information required by t he Oklahoma State Bureau of |
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| 272 | | - | Investigation pursuant to administrative rule are not furnish ed by |
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| 273 | | - | the requesting person; |
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| 274 | 241 | | 4. Any request for a record which contains individual records |
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| 275 | 242 | | of persons, and the cost of copying, reproducing or certifying each |
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| 276 | 243 | | individual record is otherwise prescribed by state law, t he cost may |
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| 277 | 244 | | be assessed for each indivi dual record, or portion thereof requested |
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| 278 | 245 | | as prescribed by state law. Otherwise, a public body may charge a |
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| 279 | 246 | | fee only for recovery of the reasonable, direct costs of r ecord |
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| 280 | 247 | | copying, or mechanical reproduction. Notwit hstanding any state or |
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| 248 | + | local provision to the contrary, in no instance shall the record |
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| 249 | + | copying fee exceed twenty -five cents ($0.25) per pa ge for records |
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| 250 | + | having the dimensions of eight and one -half (8 1/2) by fourteen (14) |
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| 251 | + | inches or smaller, or a maximum o f One Dollar ($1.00) per copied |
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| 252 | + | page for a certified copy. However, if the request: |
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| 253 | + | a. is solely for commercial purpose, or |
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| 254 | + | b. would clearly cause excessive disruption of the |
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| 255 | + | essential functions of the pub lic body, |
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| 256 | + | then the public body may charge a reason able fee to recover the |
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| 257 | + | direct cost of record search and copying; however, publication in a |
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| 258 | + | newspaper or broadcast by news media for news p urposes shall not |
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| 259 | + | constitute a resale or use of a record for trade or commercial |
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| 260 | + | purpose and charges for providing co pies of electronic data to the |
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| 261 | + | news media for a news purpose shall not exceed the direct cost of |
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| 262 | + | making the copy. The fee charged by the D epartment of Public Safety |
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| 263 | + | for a copy in a computerized format of a record of the Department |
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| 307 | | - | local provision to the contrary, in no instance shall the record |
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| 308 | | - | copying fee exceed twenty-five cents ($0.25) per pa ge for records |
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| 309 | | - | having the dimensions of eight and one -half (8 1/2) by fourteen (14) |
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| 310 | | - | inches or smaller, or a maximum o f One Dollar ($1.00) per copied |
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| 311 | | - | page for a certified copy. However, if the request: |
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| 312 | | - | a. is solely for commercial purpose, or |
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| 313 | | - | b. would clearly cause excessive disruption of the |
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| 314 | | - | essential functions of the pub lic body, |
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| 315 | | - | then the public body may charge a reason able fee to recover the |
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| 316 | | - | direct cost of record search and copying; however, publication in a |
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| 317 | | - | newspaper or broadcast by news media for news p urposes shall not |
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| 318 | | - | constitute a resale or use of a record for trade or commercial |
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| 319 | | - | purpose and charges for providing co pies of electronic data to the |
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| 320 | | - | news media for a news purpose shall not exceed the direct cost of |
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| 321 | | - | making the copy. The fee charged by the D epartment of Public Safety |
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| 322 | | - | for a copy in a computerized format of a record of the Department |
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| 323 | 291 | | shall not exceed the dir ect cost of making the copy unless the fee |
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| 324 | 292 | | for the record is otherwise set by law. |
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| 325 | 293 | | Any public body establishing fees under this act shall p ost a |
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| 326 | 294 | | written schedule of the fees at its principal office and with the |
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| 327 | 295 | | county clerk. |
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| 328 | 296 | | In no case shall a search fee b e charged when the release of |
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| 329 | 297 | | records is in the public interest, including, but not limited to, |
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| 330 | 298 | | release to the news media, scholars, author s and taxpayers seeking |
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| 299 | + | to determine whether those entrusted with t he affairs of the |
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| 300 | + | government are honestly, faithfu lly, and competently performing |
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| 301 | + | their duties as public servants. |
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| 302 | + | The fees shall not be used for the purpose of discouraging |
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| 303 | + | requests for information or as obstacles to disclosure of requested |
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| 304 | + | information; |
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| 305 | + | 5. The land description tract index of all recorde d instruments |
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| 306 | + | concerning real property required to be kept by the county clerk of |
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| 307 | + | any county shall be available for inspection or copying i n |
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| 308 | + | accordance with the provisions of the Oklahoma Open Records Act; |
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| 309 | + | provided, however, the index shall not be copied o r mechanically |
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| 310 | + | reproduced for the purpo se of sale of the information; |
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| 311 | + | 6. A public body must provide prompt, reasonable access to its |
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| 312 | + | records but may establish reasonable procedures which protect the |
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| 313 | + | integrity and organization of its records and to prevent excessive |
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| 314 | + | disruptions of its essential functions. A delay in providing access |
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| 357 | | - | to determine whether those entrusted with t he affairs of the |
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| 358 | | - | government are honestly, faithfu lly, and competently performing |
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| 359 | | - | their duties as public servants. |
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| 360 | | - | The fees shall not be used for the p urpose of discouraging |
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| 361 | | - | requests for information or as obstacles to disclosure of requested |
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| 362 | | - | information; |
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| 363 | | - | 5. The land description tract index of all recorde d instruments |
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| 364 | | - | concerning real property required to be kept by the county clerk of |
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| 365 | | - | any county shall be available for inspection or copying i n |
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| 366 | | - | accordance with the provisions of the Oklahoma Open Records Act; |
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| 367 | | - | provided, however, the index shall not be copied o r mechanically |
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| 368 | | - | reproduced for the purpo se of sale of the information; |
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| 369 | | - | 6. A public body must provide prompt, reasonable access to its |
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| 370 | | - | records but may establish reasonable procedures which protect the |
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| 371 | | - | integrity and organization of its records and to prevent excessive |
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| 372 | | - | disruptions of its essential functions. A delay in providing access |
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| 406 | 349 | | meet the obligation of providing prompt, reasonable access to its |
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| 407 | 350 | | records as required by this paragraph; and |
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| 408 | 351 | | 7. A public body shall designate certain persons who are |
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| 409 | 352 | | authorized to release records of the public body for inspectio n, |
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| 410 | 353 | | copying, or mechanical reproduction. At least one person shall be |
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| 411 | 354 | | available at all times to release records during the regular |
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| 412 | 355 | | business hours of the public body. |
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| 413 | 356 | | SECTION 3. This act shall become effective November 1, 2023. |
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