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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 966 By: Weaver
AS INTRODUCED
An Act relating to the Oklahoma Open Recor ds Act;
amending 51 O.S. 2011, Section 24A.5 , as last amended
by Section 1, Chapter 202, O.S.L. 2017 (51 O.S. Supp.
2020, Section 24A.5), which rela tes to inspection or
reproduction of records; establishing certain arrest
records as individual records for certain purpose;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.5, as
last amended by Section 1, Chapter 202, O.S.L. 2017 (51 O.S. Supp.
2020, 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 person for inspection, copy ing, or
mechanical reproduction during regular business hours; provid ed:
1. The Oklahoma Open Records Act, Sections 24A.1 th rough 24A.30
of this title, does not apply to recor ds specifically required by
law to be kept confidential including:
a. records protected by a state evidentiary privilege
such as the attorney -client privilege, the work
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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 s uch as executive
sessions authorized under the Oklahoma Open Meeting
Act,
c. personal information within driver records as de fined
by the Driver’s Privacy Protection Act, 18 Un ited
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 investigati on-
related findings, or confidential medical information,
or
e. any test forms, question banks and answer keys
developed for state licensure examinat ions, but
specifically excluding test preparation materi als or
study guides;
2. All Social Security number s included in a record may be
confidential regardless of the person ’s status as a public employee
or private individual and may be redacted or delete d prior to
release of the record by the public body;
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3. Any reasonably segregable portion of a record cont aining
exempt material shall be provided after deletion of the exempt
portions; provided, however, the Department of Public Safety shall
not be required to assemble for the requesting person specific
information, in any format, from driving records relatin g to any
person whose name and date of birth or whose driver license number
is not furnished by the requesting person.
The Oklahoma State Bureau of In vestigation shall not be required
to assemble for the r equesting person any criminal history records
relating to persons whose names, dates of birth, and other
identifying information req uired by the Oklahoma State Bureau of
Investigation pursuant to admin istrative rule are not furnished by
the requesting person;
4. Any With respect to a request for a record which contains
individual records of persons, and the cost of copying, reproducin g
or certifying each individual record is otherwise prescribed by
state law, the cost m ay be assessed for each individual re cord, or
portion thereof requested as prescribed by state law. Otherwise, a
public body may charge a fee only for recovery of the r easonable,
direct costs of record copying, or mechanical reproduction ;
5. With respect to a request to a law enforcement ag ency for a
photograph or other per sonal identifying information obtained during
the course of an arrest, each record shall be consid ered an
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individual record with costs assessed by the law enforcement agency
in the amounts set forth in paragraph 6 of this section;
6. Notwithstanding any state or local pro vision to the
contrary, in no instance shall the record copying fee exceed twenty -
five cents ($0.25) per page for records having the dimensions of
eight and one-half (8 1/2) by fourteen (14) inches or smal ler, or a
maximum of 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 public body,
then the public body may charge a reasonable fee to recover the
direct cost of record search and copying; however, publication in a
newspaper or broadcas t by news media for news purposes shall not
constitute a resale or use of a record for trade or commercial
purpose and charges for providing copies of e lectronic data to the
news media for a news purpose shall not exceed the direct cost of
making the copy. The fee charged by the Department of Public Safety
for a copy in a computerized format of a record of the Department
shall not exceed the direct cost of making the copy unle ss the fee
for the record is otherwise set by law.
Any public body establishing f ees under this act shall post a
written schedule of the fees at its principal office and with the
county clerk.
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In no case shall a search fee be charged when the release of
records is in the public interest , including, but not limited to,
release to the news media, scholars, authors and taxpayers seeking
to determine whether those entrusted with the affairs of the
government are honestly, faithfully , and competently performing
their duties as public servants.
The fees shall not be used for the purpose of di scouraging
requests for information or as obstacles to disclosure of requested
information;
5. 7. The land description trac t index of all recorded
instruments concerning real property required to be kept by the
county clerk of any county shall be available for inspection or
copying in accordance with the provisions of the Oklahoma Open
Records Act; provided, however, the index shall not be copied or
mechanically reproduced for the purpose of sale of the information;
6. 8. A public body must provide prompt, reasonable access to
its records but may establish reasonable procedures which protect
the integrity and organization of i ts records and to prevent
excessive disruptions of its essential functions. A delay in
providing access to records shall be limited s olely to the time
required for preparing the requested documents and the avoidance of
excessive disruptions of the public body’s essential functions. In
no event may production of a current request for records be
unreasonably delayed until after completio n of a prior records
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request that will take substantially longer than the current
request. Any public body which makes th e requested records
available on the Internet shall meet the obligation of providing
prompt, reasonable access to its records as requi red by this
paragraph; and
7. 9. A public body shall designate certain persons who are
authorized to release records of t he public body for inspection,
copying, or mechanical reproduction. At least one person shall be
available at all times to release rec ords during the regular
business hours of the public body.
SECTION 2. This act shall become effective No vember 1, 2021.
58-1-1345 TEK 1/21/2021 7:33:15 PM