Bill Number: OK51RHB 1038 Filed: 01-10-2007
Author: Sherrer
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1038 By: Sherrer
3 AS INTRODUCED
4 An Act relating to officers; amending 51 O.S. 2001,
5 Section 24A.10, as last amended by Section 1, Chapter
6 18, O.S.L. 2006 (51 O.S. Supp. 2006, Section 24A.10),
7 which relates to the Oklahoma Open Records Act;
8 modifying information that public bodies that provide
9 utility services may keep confidential; and providing
10 an effective date.
11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12 SECTION 1. AMENDATORY 51 O.S. 2001, Section 24A.10, as
13 last amended by Section 1, Chapter 18, O.S.L. 2006 (51 O.S. Supp.
14 2006, Section 24A.10), is amended to read as follows:
15 Section 24A.10 A. Any information, records or other material
16 heretofore voluntarily supplied to any state agency, board or
17 commission which was not required to be considered by that agency,
18 board or commission in the performance of its duties may, within
19 thirty (30) days from June 6, 1988, be removed from the files of
20 such agency, board or commission by the person or entity which
21 originally voluntarily supplied such information. Provided, after
22 thirty (30) days from the effective date of this act, any
23 information voluntarily supplied shall be subject to full disclosure
24 pursuant to this act.
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1 B. If disclosure would give an unfair advantage to
2 competitors or bidders, a public body may keep confidential records
3 relating to:
4 1. Bid specifications for competitive bidding prior to
5 publication by the public body; or
6 2. Contents of sealed bids prior to the opening of bids by a
7 public body; or
8 3. Computer programs or software but not data thereon; or
9 4. Appraisals relating to the sale or acquisition of real
10 estate by a public body prior to award of a contract; or
11 5. The prospective location of a private business or industry
12 prior to public disclosure of such prospect except for records
13 otherwise open to inspection such as applications for permits or
14 licenses.
15 C. Except as set forth hereafter, the Oklahoma Department of
16 Commerce may keep confidential:
17 1. Business plans, feasibility studies, financing proposals,
18 marketing plans, financial statements or trade secrets submitted by
19 a person or entity seeking economic advice from the Oklahoma
20 Department of Commerce; and
21 2. Information compiled by the Oklahoma Department of
22 Commerce in response to those submissions.
23 The Oklahoma Department of Commerce may not keep confidential
24 that submitted information when and to the extent the person or
25 entity submitting the information consents to disclosure.
26 D. Although they must provide public access to their records,
27 including records of the name, address, rate paid for services,
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1 charges, and payment for each customer, public bodies that provide
2 utility services to the public may keep confidential credit
3 information, credit card numbers, telephone numbers, social security
4 numbers, [and] bank account information for individual customers,
5 and utility supply and utility equipment supply contracts for any
6 customer if public access to such contracts would give an unfair
7 advantage to competitors of the customer; provided that, where a
8 public body performs billing or collection services for a utility
9 regulated by the Corporation Commission pursuant to a contractual
10 agreement, any customer or individual payment data obtained or
11 created by the public body in performance of the agreement shall not
12 be a record for purposes of this act.
13 SECTION 2. This act shall become effective November 1, 2007.
14 51-1-6237 LRB 01/02/07
15 Page 1
16 Req. No. 6237
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