ENROLLED SENATE
BILL NO. 1577	By:	Burrage and Bass of the Senate

			and

		Quinn of the House

An Act relating to open records; amending 51 O.S. 2011, Section 24A.10, which relates to confidentiality of certain records; deleting obsolete language; modifying entities authorized to keep certain information confidential; and providing an effective date.

SUBJECT:  Open record requirements

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     51 O.S. 2011, Section 24A.10, is amended to read as follows:

Section 24A.10.  A.  Any information, records or other material heretofore voluntarily supplied to any state agency, board or commission which was not required to be considered by that agency, board or commission in the performance of its duties may, within thirty (30) days from June 6, 1988, be removed from the files of such agency, board or commission by the person or entity which originally voluntarily supplied such information.  Provided, after thirty (30) days from the effective date of this act, any information voluntarily supplied shall be subject to full disclosure pursuant to this act Section 24A.1 et seq. of this title.

B.  If disclosure would give an unfair advantage to competitors or bidders, a public body may keep confidential records relating to:

1.  Bid specifications for competitive bidding prior to publication by the public body; or

2.  Contents of sealed bids prior to the opening of bids by a public body; or

3.  Computer programs or software but not data thereon; or

4.  Appraisals relating to the sale or acquisition of real estate by a public body prior to award of a contract; or

5.  The prospective location of a private business or industry prior to public disclosure of such prospect except for records otherwise open to inspection such as applications for permits or licenses.

C.  Except as set forth hereafter, the Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology Education, the technology center school districts, and the Oklahoma Film and Music Office and institutions within the Oklahoma State System of Higher Education may keep confidential:

1.  Business plans, feasibility studies, financing proposals, marketing plans, financial statements or trade secrets submitted by a person or entity seeking economic advice, business development or customized training from such Departments or school districts;

2.  Proprietary information of the business submitted to the Department or school districts for the purpose of business development or customized training, and related confidentiality agreements detailing the information or records designated as confidential; and

3.  Information compiled by such Departments or school districts in response to those submissions.

The Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology Education, the technology center school districts, and the Oklahoma Film and Music Office and institutions within the Oklahoma State System of Higher Education may not keep confidential that submitted information when and to the extent the person or entity submitting the information consents to disclosure.

D.  Although they must provide public access to their records, including records of the address, rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, the name of the person that authorized the adjustment, and payment for each customer, public bodies that provide utility services to the public may keep confidential credit information, credit card numbers, telephone numbers, social security numbers, bank account information for individual customers, and utility supply and utility equipment supply contracts for any industrial customer with a connected electric load in excess of two thousand five hundred (2,500) kilowatts if public access to such contracts would give an unfair advantage to competitors of the customer; provided that, where a public body performs billing or collection services for a utility regulated by the Corporation Commission pursuant to a contractual agreement, any customer or individual payment data obtained or created by the public body in performance of the agreement shall not be a record for purposes of this act.

SECTION 2.  This act shall become effective November 1, 2014.

Passed the Senate the 6th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the 10th day of April, 2014.

	
	Presiding Officer of the House
	of Representatives

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________