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STATE OF OKLAHOMA
1st Session of the 59th Legislature ( 2023)
HOUSE BILL 2287 By: Pfeiffer
AS INTRODUCED
An Act relating to open records; creating the Public
Access Counselor within the O ffice of the Attorney
General; allowing certain persons to file review of
denial of open records requests with the Public
Access Counselor; providing instructions for filin g;
prohibiting filings made for a commercial purpose;
establishing procedures for review of requests;
directing Public Access Counselor to notify public
body; requiring certain furnishing of records;
permitting subpoena by the Attorney General;
prohibiting disclosure of certain protected
information; allowing public body chan ce to respond
to request; directing for binding opinion to be made
within time frame; permitting Attorney General to
choose other means for resolving review requests;
permitting parties to file in district court;
directing for notification of certain proceedings;
permitting the Attor ney General to issue advisory
opinions to public bodies regarding compliance;
exempting certain failures to compl y made under good
faith; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24A.40 of Title 51, unless there
is created a duplication in numbering, reads as follows:
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A. There is hereby established in the Office of t he Attorney
General the position of Public Access Counselor.
B. A person whose request to inspect or copy a public record is
denied by a public bod y, except the Legislature and committees,
commissions, and agencies thereof , may file a request for review
with the Public Access Counselo r not later than sixty (60) days
after the date of the final denial. The request for review must be
in writing, signed by the requester, and include :
1. A copy of the request for access to records ; and
2. Any responses from the public body .
C. A person whose request to inspect or copy a public record is
made for a commercial purpose may not file a request for review with
the Public Access Counselor. A person whose request to inspect or
copy a public record was treated by the public body as a request fo r
a commercial purpose may file a request for review with the P ublic
Access Counselor for the limited purpose of reviewing whether the
public body properly determined that the request was made for a
commercial purpose.
D. Upon receipt of a request for rev iew, the Public Access
Counselor shall determine whether further ac tion is warranted. If
the Public Access Counselor determines that the alleged violation is
unfounded, they shall advise the requester and the public body and
no further action shall be und ertaken. In all other cases, the
Public Access Counselor shall for ward a copy of the request for
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review to the public body within seven (7) business days after
receipt and shall specify the records or other documents that the
public body shall furnish to facilitate the review. Within seven
(7) business days after receip t of the request for review, the
public body shall provide copies of records requested and shall
otherwise fully cooperate with the Public Access Counselor. If a
public body fails to furni sh specified records pursuant to this act,
or if otherwise necessar y, the Attorney General may issue a subpoena
to any person or public body having knowledge of or recor ds
pertaining to a request for review of a denial of access to records
under the act. To the extent that records or documents produced by
a public body contain information claimed to be exempt from
disclosure under the Oklahoma Open Records Act, the Public Access
Counselor shall not further disclose that information .
E. Within seven (7) business days after it receives a copy of a
request for review and re quest for production of records from the
Public Access Counselor, the public body may, but is not required
to, answer the allegations of the request for review. The answer
may take the form of a letter, brief, or memorandum. The Public
Access Counselor shall forward a copy of the answer to the person
submitting the request for review, with any alleged confident ial
information to which the request pertains redacted from the copy.
The requester may, but is not required to, respond in writing to the
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answer within seven (7) business days and shall provide a copy of
the response to the public body .
F. In addition to the request for review, and the answer and
the response thereto, if any, a req uester or a public body may
furnish affidavits or records concernin g any matter germane to the
review.
G. Unless the Public Access Counselor extends the time by no
more than 30 business days by sending written notice to the
requester and the public body t hat includes a statement of the
reasons for the extension in the no tice, or decides to address the
matter without the issuance of a binding opinion, the Attorney
General shall examine the issues and the records, shall make
findings of fact and conclusions of law, and shall issue to the
requester and the public body an opi nion in response to the request
for review within sixty (60) days after its receipt. The opinion
shall be binding upon both the requester and the public body .
In responding to any request under this act, the Attorney
General may exercise their discretion and choose to resolve a
request for review by med iation or by means other than the issuance
of a binding opinion. The decision not to issue a binding opinion
shall not be reviewable .
Upon receipt of a binding opinion concluding that a violation of
this act has occurred, the public body shall either take necessary
action immediately to comply with the directive of the opinion or
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shall file suit in the proper district court. If the opinion
concludes that no violation of the act has occurred, the requester
may file suit in the proper district court .
A public body that discloses records in accordance with an
opinion of the Attorney General is immune from all liabilities by
reason thereof and sh all not be liable for penalties under this act.
H. If the requester files suit under Section 24A.17 of Title 51
of the Oklahoma Stat utes with respect to the same denial that is the
subject of a pending request for review, the requester shall notify
the Public Access Counselor, and the Public Access Counselor shall
take no further action with re spect to the request for review and
shall so notify the public body .
I. The Attorney General may also issue advisory opinions to
public bodies regarding compliance with this act. A review may be
initiated upon receipt of a written request from the head of the
public body or its atto rney, which shall contain sufficient accurate
facts from which a determination can be made. The Public Access
Counselor may request add itional information from the public body in
order to assist in the review. A public body that relies in good
faith on an advisory opinion of the Attorney General in responding
to a request is not liable for penalties under this act, so long as
the facts upon which the opinion is based have been fully and fairly
disclosed to the Public Access Co unselor.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-6948 MJ 01/11/23