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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 742 By: Pederson of the Senate
and
Pfeiffer of the House
[ ad valorem tax - notice of delinquency - assets -
confidentiality - exception to inspection - Oklahoma
Open Records Act - exception - effective date ]
AMENDMENT NO. 1. Page 1, Line 10, strike the enacting clause
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. 742 By: Pederson of the Senate
and
Pfeiffer of the House
[ ad valorem tax - notice of delinquency - assets -
confidentiality - exception to inspection - Oklahoma
Open Records Act - exception - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 3102, is
amended to read as follows:
Section 3102. A. Except for periods govern ed by the provisions
of subsection C of Section 3148 of this title, within sixty (60)
days after taxes on personal property shall become delinquent as of
April 1, the county treasurer shall mai l notice to the last-known
address of such delinquent taxpayer and cause a general notice to be
published one time in some newspaper of general circulation,
published in the county, giving the name of each person owi ng
delinquent personal property taxes, s tating the amount thereof due,
and stating that such delinquent personal property taxes, within
thirty (30) days from date of this publication, shall be place d on a
personal property tax lien docket in the office of the county
treasurer and the homestead e xemption of such taxpayer shall be
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canceled pursuant to Section 2892 of this title. Such liens are
superior to all other liens, conveyances or encumbrances f iled
subsequent thereto, on real or personal property. Th e tax lien
shall be a lien on all real a nd personal property of the taxpayer in
the county for a period of seven (7) years, except as otherwi se
provided in subsection B of Section 3103 of this title . From and
after the entry of the tax upon the tax lien d ocket, any person
claiming any interest in any land or personal property can sue the
county treasurer and board of county commissioners in th e district
court to determine the validity or priority of the lien.
B. Upon providing notice to the delinquent taxpa yer, the county
treasurer shall request, and the county assessor shall submit to the
county treasurer, the listing of assets reported by th e delinquent
taxpayer. The information submitted pursuant to this subsection
shall be protected as confidential by the county treasurer and shall
not be available for inspection under the Oklahoma Open Records Act.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.5, is
amended to read as follows:
Section 24A.5. All records of public bodies and public
officials shall be open to any p erson for inspection, copying, or
mechanical reproduction duri ng regular business hours; provid ed:
1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30
of this title, does not apply to records specifically required by
law to be kept confidentia l including:
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a. records protected by a state evidentiary privi lege
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 within 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 Medicolegal
Investigations obtained pursuant to Sections 94 0 and
941 of Title 63 of the Oklahoma Statutes that may be
hearsay, preliminary unsubstantiated investigation -
related findings, or confidential medical informati on,
or
e. any test forms, question banks and answer keys
developed for state licensure examinat ions, but
specifically excluding test preparation materials or
study guides, or
f. information submitted to the county treasurer pursuant
to subsection B of Section 3102 of Title 68 of the
Oklahoma Statutes;
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2. All Social Security numbers included in a record may be
confidential regardless of the person ’s status as a public e mployee
or private individual and may be redacted or deleted prior to
release of the record by the public body;
3. Any reasonably segregable portion o f a record containing
exempt material shall be provided after deletion of the exempt
portions; provided h owever, the Department of Public Safety shall
not be required to assemble for the request ing person specific
information, in any format, from driving r ecords relating to any
person whose name and date of birth or whose driver license number
is not furnished by the requesting person.
The Oklahoma State Bur eau of Investigation shall not be requi red
to assemble for the requesting person any criminal history records
relating to persons whose nam es, dates of birth, and other
identifying information required by t he Oklahoma State Bureau of
Investigation pursuant to administrative rule are not furnish ed by
the requesting person;
4. Any request for a record whic h contains individual records
of persons, and the cost of copying, reproducing or certifying each
individual record is otherwise prescribed by state law, t he cost may
be assessed for each indivi dual record, or portion thereof requested
as prescribed by sta te law. Otherwise, a public body may charge a
fee only for recovery of the reasonable, direct costs of r ecord
copying, or mechanical reproduction. Notwit hstanding any state or
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local provision to the contrary, in no instance shall the record
copying fee exceed twenty-five cents ($0.25) per pa ge for records
having the dimensions of eight and one -half (8 1/2) by fourteen (14)
inches or smaller, or a maximum o f One Dollar ($1.00) per copied
page for a certified copy. However, if the request:
a. is solely for commercial purpose, or
b. would clearly cause excessive disruption of the
essential functions of the pub lic body,
then the public body may charge a reason able fee to recover the
direct cost of record search and copying; however, publication in a
newspaper or broadcast by news media for news p urposes shall not
constitute a resale or use of a record for trade or commercial
purpose and charges for providing co pies of electronic data to the
news media for a news purpose shall not exceed the direct cost of
making the copy. The fee charged by the D epartment of Public Safety
for a copy in a computerized format of a record of the Department
shall not exceed the dir ect cost of making the copy unless the fee
for the record is otherwise set by law.
Any public body establishing fees under this act shall p ost a
written schedule of the fees at its principal office and with the
county clerk.
In no case shall a search fee b e charged when the release of
records is in the public interest, including, but not limited to,
release to the news media, scholars, author s and taxpayers seeking
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to determine whether those entrusted with t he affairs of the
government are honestly, faithfu lly, and competently performing
their duties as public servants.
The fees shall not be used for the p urpose of discouraging
requests for information or as obstacles to disclosure of requested
information;
5. The land description tract index of all recorde d instruments
concerning real property required to be kept by the county clerk of
any county shall be available for inspection or copying i n
accordance with the provisions of the Oklahoma Open Records Act;
provided, however, the index shall not be copied o r mechanically
reproduced for the purpo se of sale of the information;
6. A public body must provide prompt, reasonable access to its
records but may establish reasonable procedures which protect the
integrity and organization of its records and to prevent excessive
disruptions of its essential functions. A delay in providing access
to records shall be l imited solely to the time required for
preparing the requested documents and the avoidance of excessive
disruptions of the public body’s essential function s. In no event
may production of a cur rent request for records be unreasonably
delayed until after c ompletion of a prior records request t hat will
take substantially longer than the current request. Any p ublic body
which makes the requested records avail able on the Internet shall
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meet the obligation of providing prompt, reasonable access to its
records as required by this paragraph; and
7. A public body shall designate certain persons who are
authorized to release records of the public body for inspectio n,
copying, or mechanical reproduction. At least one person shall be
available at all times to relea se records during the regular
business hours of the public body.
SECTION 3. This act shall become effective November 1, 2023.
Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Represe ntatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives