IRE Conference in Las Vegas
I’ve been at the Investigative Reporters and Editors conference here in Las Vegas for the last few days. I’m speaking this morning about public records and transparency issues at the state level.
Here’s a link to my tipsheet.
–Paul
2010 Oklahoma Legislature: Open records/FOI wrap-up
UPDATE, 6/2/10: Oklahomans for Responsible Government points out that another version of the school district transparency bill, Senate Bill 1633, did in fact pass. (Hat tip: Peter J. Rudy)
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In case you missed it, my Watchdog colleague John Estus had an update of some of the major open records, transparency and freedom of information developments in the 2010 legislative session that ended last week.
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Open records draw action
By John Estus
Staff Writer
jestus@opubco.com
The Legislature dealt with several issues affecting freedom of information this session:
DATES OF BIRTH
THE BILL: Senate Bill 1753 exempted public employee birth dates from the Open Records Act.
AUTHORS: Sen. Debbe Leftwich, D-Oklahoma City, and Rep. Randy Terrill, R-Moore.
RESULT: Failed. The bill did not receive a vote on the House floor after Rep. Lucky Lamons, D-Tulsa, added an amendment requiring the Legislature operate under the Open Records and Open Meeting acts. Terrill later put the birth date exemption in other bills he controlled, but those bills weren’t voted on until the birth date exemption was removed.
HIGHWAY PATROL VIDEOS
THE BILL: House Bill 3382 made audio and video recordings taken from Oklahoma Highway Patrol cruisers public records in certain situations.
AUTHORS: Rep. Randy Terrill, R-Moore, and Sen. Anthony Sykes, R-Moore.
RESULT: Failed. It did not receive a vote on the House floor after Terrill added language to it exempting public employee birth dates from the Open Records Act.
AUTOPSY REPORTS
THE BILL: House Bill 3155 let district attorneys decide whether autopsy reports should be made public.
AUTHORS: Rep. Leslie Osborn, R-Tuttle, and Sen. Ron Justice, R-Chickasha.
RESULT: Failed. The bill stalled in the House after members raised concerns that keeping autopsy reports secret could harm oversight of the medical examiner and law enforcement.
OPEN BOOKS 2.0
THE BILL: House Bill 3422 improved the state’s Open Books website by requiring all purchases made with state funds be disclosed there as individual expenses.
AUTHORS: Rep. Ken Miller, R-Edmond, and Sen. Clark Jolley, R-Edmond.
RESULT: Passed; awaiting governor’s signature.
FILM, MUSIC RECORDS
THE BILL: Senate Bill 1351 exempted certain aspects of film proposals submitted to the Oklahoma Film and Music Office from the Open Records Act.
AUTHORS: Rep. Dale DeWitt, R-Braman, and Sen. David Myers, R-Ponca City.
RESULT: Passed; signed by governor.
MUNICIPAL COURT RECORDS
THE BILL: House Bill 2541 exempted Social Security numbers, credit card numbers and bank account numbers from public municipal court records.
AUTHORS: Rep. Marian Cooksey, R-Edmond, and Sen. Clark Jolley, R-Edmond.
RESULT: Passed; signed by governor.
SCHOOL SPORTS
THE BILL: Senate Bill 1729 would make the Oklahoma Secondary School Activities Association subject to the Open Records Act.
AUTHORS: Sen. Charlie Laster, D-Shawnee, and Rep. Shane Jett, R-Tecumseh.
RESULT: Failed. The bill did not receive a vote on the House floor.
SCHOOL DISTRICT TRANSPARENCY
THE BILL: House Bill 3253 opens school district spending data for inclusion on a public website administered by the state Education Department.
AUTHORS: Rep. Gus Blackwell, R-Goodwell, and Sen. Randy Brogdon, R-Owasso.
STATUS: Failed. The bill did not receive a vote on the Senate floor.
SEX OFFENDER REGISTRY
THE BILL: Senate Bill 2968 required sex offenders register with an address that can be mapped and includes a ZIP code.
AUTHORS: Sen. Clark Jolley, R-Edmond, and Rep. Mike Sanders, R-Kingfisher.
RESULT: Passed; signed by governor.
Oklahoma driving record fee now highest in nation
From Saturday’s paper:
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As part of the state budget agreement, Oklahoma motor vehicle records will now cost $25 apiece – the highest fee for such records in the nation. Insurance companies use the records to set rates.
BY PAUL MONIES
Database Editor
pmonies@opubco.com
A budget plan to more than double the price of driving records gives Oklahoma a new distinction: it now charges more than any other state.
With the passage of Senate Bill 1556, motor vehicle records will cost $25, up from $10. An additional fee of $2.50 remains for online sales by NIC Inc., the company that operates the state’s website. The online charge was not raised.
The bill now goes to Gov. Brad Henry, but the increase was part of the budget agreement finalized last week between the governor and legislative leaders.
Charges for motor vehicle records vary widely nationwide, according to a compilation of rates by public records publisher BRB Publications Inc. Rhode Island charges $19.50. New Mexico provides copies of the records for free, although it does charge $4.95 if they are ordered online.
More than 20 states charge extra fees for online access to the records.
Michael Sankey, president of BRB Publications and author of several books on motor vehicle records, said a handful of states increase the fees on those records each year.
It’s a money-making deal for states because the actual costs for motor vehicle records are far lower than what most states charge, he said.
The higher Oklahoma fees mean the state could make more than $30 million a year selling motor vehicle records to insurance companies, data brokers and employment verification firms. A fiscal analysis of SB 1556 prepared by legislative staff shows the increase could add $12 million to the state’s general fund and $6 million to a revolving fund for the state Department of Public Safety.
In the past five years, Oklahoma has brought in about $13 million each year for selling those records, according to records.
Included on the records are names, birth dates, driver’s license numbers and recent driving histories. The type of information sold is governed by the federal Drivers Privacy Protection Act.
The act contains more than a dozen possible scenarios that allow numerous public and private organizations and individuals to obtain the records, but most of the buyers are insurance companies.
Jim Walker, a lobbyist for State Farm Insurance, said he heard earlier this year Oklahoma’s fee might be raised to $15. Walker said the company was “shocked” last week to see the fee raised to $25.
“This could ultimately translate into higher insurance rates,” Walker said.
Insurance companies use the driving history part of the records to set car insurance rates. Walker said Oklahoma’s higher fees could mean State Farm buys the records less frequently. That would give it less flexibility in setting rates for good drivers.
“If you’re a good driver, we don’t want to charge you the same as a bad driver,” Walker said.
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UPDATE, 6/1/10: I went back and looked at Gov. Henry’s budget proposal from February and saw the following passage on Page 10:
Certified Copies of Driving Records
The State charges $10 to persons attaining a certified copy of a driver record. The Department of Public Safety forecasts that it will collect $10.6 million in FY-2011 at the current rate. This budget proposes doubling the fee for such copies to $20. This generates an additional $10.6 million in revenue for FY-2011.
