Oklahoma Senate Bill SB1272

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Open Records Act; limiting persons authorized to request records; modifying fee schedule. Effective date.

Impact

The proposed changes are expected to impact public access to governmental records significantly. By limiting who can request records and allowing public bodies to impose stricter fees, SB1272 may create barriers to transparency. Supporters of the bill argue that these modifications will help streamline the process and deter frivolous requests that could overwhelm public offices. However, critics express concern that the bill might inhibit public scrutiny of government actions and reduce accountability, making it more difficult for journalists and citizens to obtain information regarding government operations.

Summary

Senate Bill 1272 amends the Oklahoma Open Records Act to refine the provisions surrounding public access to records and the corresponding fees associated with obtaining these records. The bill primarily aims to restrict the persons authorized to request certain public records and introduces modifications to the fee structure for these requests, stating that public bodies may charge additional fees for searches and processing if the records are requested for private or commercial purposes. The amendments also explicitly define circumstances under which public bodies may seek prior payment or charge for search and processing time, particularly for extensive requests beyond a certain page threshold.

Contention

Notable points of contention surrounding SB1272 include the implications of the fee structure changes. Detractors argue that permitting higher fees for extensive records requests could be an obstacle for smaller organizations, including news entities and community groups that depend on public records to conduct their oversight activities. Additionally, concerns have been raised about the potential for public bodies to use these new provisions to hinder access to information by simply stating that processing a request would exceed the time or cost thresholds, thus invoking the provision to deny or delay access to important records.