Oklahoma 2023 Regular Session

Oklahoma House Bill HB2287 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 1 1
	3	+	SENATE FLOOR VERSION - HB2287 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
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28		-	ENGROSSED SENATE AMENDMENT
29		-	TO
30		-	ENGROSSED HOUSE
31		-	BILL NO. 2287 By: Pfeiffer of the House
	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2023
	31	+
	32	+
	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 2287 By: Pfeiffer of the House
32	36
33	37		and
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35	39		McCortney of the Senate
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	44	+
40	45		[ open records - Public Access Counselor - review of
41		-	denial of open records requests - filings -
42		-	subpoena by Attorney General - binding opinion -
43		-	advisory opinions – codification - effective date ]
44		-
45		-
46		-
47		-
48		-	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
49		-	and entire bill and insert
50		-
51		-
52		-	“[ open records - Public Access Counselor - review of
53	46		denial of open records requests - filings - subpoena
54	47		by Attorney General - binding opinion - advisory
55	48		opinions – codification -
56	49		emergency ]
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62	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	56		SECTION 1. NEW LAW A new section of law to be codified
64	57		in the Oklahoma Statutes as Section 24A.40 of Title 51, unless there
65	58		is created a duplication in numbering, reads as follows:
	59	+	A. There is hereby established in the Office of the Attorney
	60	+	General the Public Access Counselor Unit.
	61	+	B. A person whose request to inspect or copy a public record is
	62	+	denied by a public bod y, except the Legislature and committees,
	63	+	commissions, and agencies thereof , may file a request for review
	64	+	with the Public Access Counsel or not later than thirty (30) calendar
	65	+	days after the date of the denial. The request for review shall be
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67		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 2 1
	67	+	SENATE FLOOR VERSION - HB2287 SFLR Page 2
	68	+	(Bold face denotes Committee Amendments) 1
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92		-	A. There is hereby established in the Office of the Attorney
93		-	General the Public Access Counselor Unit.
94		-	B. A person whose request to inspect or copy a public record is
95		-	denied by a public bod y, except the Legislature and committees,
96		-	commissions, and agencies thereof , may file a request for review
97		-	with the Public Access Counsel or not later than thirty (30) calendar
98		-	days after the date of the denial. The request for review shall be
99	93		in writing on a form prescribed by the Attorney General and signed
100	94		by the requester, and shall include:
101	95		1. A copy of the request for access to recor ds; and
102	96		2. Any responses from the public body .
103	97		C. A person whose request to inspect or copy a public record
104	98		was treated by the public body as a request fo r a commercial purpose
105	99		may file a request for review with the P ublic Access Counselor for
106	100		the limited purpose of reviewing whether the public body properly
107	101		determined that the request was made for a commercial purp ose.
108	102		D. A person whose request to inspect or copy a public record
109	103		has not been returned in a prompt or re asonable manner may file a
110	104		request for review with the Public Access Counselor.
111	105		E. No person whose request to inspect or copy a public record
112	106		is made for a commercial purpose may file a request for review with
113	107		the Public Access Couns elor.
114	108		F. Upon receipt of a request for rev iew, the Public Access
115	109		Counselor shall determine whether further ac tion is warranted. If
	110	+	the Public Access Counselor determin es that the alleged violation is
	111	+	unfounded, they shall advise the requester and the publ ic body and
	112	+	no further action shall be und ertaken. In all other cases, the
	113	+	Public Access Counselor shall for ward a copy of the request for
	114	+	review to the public body wi thin seven (7) business days after
	115	+	receipt and shall specify the records or other docume nts that the
	116	+	public body shall furnish to facilitate the review. Within seven
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117		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 3 1
	118	+	SENATE FLOOR VERSION - HB2287 SFLR Page 3
	119	+	(Bold face denotes Committee Amendments) 1
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142		-	the Public Access Counselor determin es that the alleged violation is
143		-	unfounded, they shall advise the requester and the publ ic body and
144		-	no further action shall be und ertaken. In all other cases, the
145		-	Public Access Counselor shall for ward a copy of the request for
146		-	review to the public body wi thin seven (7) business days after
147		-	receipt and shall specify the records or other docume nts that the
148		-	public body shall furnish to facilitate the review. Within seven
149	144		(7) business days after receip t of the request for review, the
150	145		public body shall fully cooperate and provide a written response to
151	146		the Public Access Counselor. To the extent that records or
152	147		documents produced by a public body c ontain information claimed to
153	148		be confidential or exempt from disclosure under the Oklahoma Open
154	149		Records Act, the Public Access Counselor shall not further disclose
155	150		that information.
156	151		G. 1. The Attorney General shall e xamine the request and
157	152		response and shall issue to the public body or public official, or
158	153		both, an advisement in response to the request for review within
159	154		sixty (60) calendar days after its receipt. Additionally, the
160	155		Attorney General shall notify the requester when the office has
161	156		completed its review.
162	157		2. Upon receipt of an advisement, the public body shall either
163	158		take necessary action promptly and reasonably to comply with the
164	159		Oklahoma Open Records Act or shall respond to the requester. If the
165	160		advisement concludes that no additional response is required , the
	161	+	requester may file suit in the proper district co urt against the
	162	+	public body of which the request was mad e.
	163	+	3. A public body that discloses records in accordance with
	164	+	advice of the Attorney General is immune fro m all liabilities by
	165	+	reason thereof and sh all not be liable for penalties under this act.
	166	+	H. If the requester files suit under Section 24A.17 of Title 5 1
	167	+	of the Oklahoma Statutes with respect to the same denial that is the
166	168
167		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 4 1
	169	+	SENATE FLOOR VERSION - HB2287 SFLR Page 4
	170	+	(Bold face denotes Committee Amendments) 1
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192		-	requester may file suit in the proper district co urt against the
193		-	public body of which the request was mad e.
194		-	3. A public body that discloses records in accordance with
195		-	advice of the Attorney General is immune fro m all liabilities by
196		-	reason thereof and sh all not be liable for penalties under this act.
197		-	H. If the requester files suit under Section 24A.17 of Title 5 1
198		-	of the Oklahoma Statutes with respect to the same denial that is the
199	195		subject of a pending request for review, the requester shall notify
200	196		the Public Access Counselor, and the Public Access Counse lor shall
201	197		take no further action with re spect to the request for review and
202	198		shall so notify the public body .
203	199		I. The Attorney General may issue advisory opini ons to advise
204	200		public bodies regarding complianc e with this act. A review may be
205	201		initiated upon receipt of a written request from the head of the
206	202		public body or its attorney, which shall contain sufficient accurate
207	203		facts from which a determination can be made. The Public Access
208	204		Counselor may request a dditional information from the public body in
209	205		order to assist in the review. A public body that relies in good
210	206		faith on the advice of the Attorney General in responding to a
211	207		request is not liable for penalt ies under this act if the facts upon
212	208		which the advice is based have been fully and fairly disclosed to
213	209		the Public Access Counselor.
214	210		J. If the Public Access Counselor finds that a person
215	211		requesting review of an agency ’s action pursuant to subsections B,
	212	+	C, or D of this section has submitted multiple friv olous requests,
	213	+	the Public Access Counselor may den y future requests for review.
	214	+	K. Notwithstanding any other provisions of law, the Attorney
	215	+	General shall not be required to produce pursuant to Section 24A.5
	216	+	of Title 51 of the Oklahoma Statutes, the foll owing:
	217	+	1. Any records provided under this section to the Office of the
	218	+	Attorney General by another public body ;
216	219
217		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 5 1
	220	+	SENATE FLOOR VERSION - HB2287 SFLR Page 5
	221	+	(Bold face denotes Committee Amendments) 1
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242		-	C, or D of this section has submitted multiple friv olous requests,
243		-	the Public Access Counselor may den y future requests for review.
244		-	K. Notwithstanding any other provisions of law, the Attorney
245		-	General shall not be required to produce pursuant to Section 24A.5
246		-	of Title 51 of the Oklahoma Statutes, the foll owing:
247		-	1. Any records provided under this section to the Office of the
248		-	Attorney General by another public body ;
249	246		2. Any correspondence between the Office of the Attorney
250	247		General and the public body related to advice under this section ; or
251	248		3. Any work papers or product of the Office of the Attorney
252	249		General in carrying out the duties required by this section.
253	250		L. Nothing in this section shall be construed to limit the
254	251		Attorney General from enforcing or taking action regarding the
255	252		Oklahoma Open Records Act.
256	253		SECTION 2. AMENDATORY 74 O.S. 2021, Section 18b, as last
257	254		amended by Section 1, Chapter 296, O.S.L. 2022 (74 O.S. Supp. 2022,
258	255		Section 18b), is amended to read as follows:
259	256		Section 18b. A. The duties of the Attorney General as the
260	257		chief law officer of the state shall be:
261	258		1. To appear for the state and prosecute and defend all actions
262	259		and proceedings, civil or crimina l, in the Supreme Court and Cour t
263	260		of Criminal Appeals in which the state is interested as a party;
	261	+	2. To appear for the st ate and prosecute and defend all actions
	262	+	and proceedings in any of the federal courts in which the state is
	263	+	interested as a party;
	264	+	3. To initiate or appear in any action in which the interests
	265	+	of the state or the people of the state are at issue, or to ap pear
	266	+	at the request of the Governor, the Legi slature, or either branch
	267	+	thereof, and prosecute and defend in any court or before any
	268	+	commission, board or officers a ny cause or proceeding, civil or
	269	+	criminal, in which the state may be a party or interested; a nd when
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265		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 6 1
	271	+	SENATE FLOOR VERSION - HB2287 SFLR Page 6
	272	+	(Bold face denotes Committee Amendments) 1
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290		-	2. To appear for the st ate and prosecute and defend all actions
291		-	and proceedings in any of the federal courts in which the state is
292		-	interested as a party;
293		-	3. To initiate or appear in any action in which the interests
294		-	of the state or the people of the state are at issue, or to ap pear
295		-	at the request of the Governor, the Legi slature, or either branch
296		-	thereof, and prosecute and defend in any court or before any
297		-	commission, board or officers a ny cause or proceeding, civil or
298		-	criminal, in which the state may be a party or interested; a nd when
299	297		so appearing in any such cause or pro ceeding, the Attorney General
300	298		may, if the Attorney General deems it advisable and to the best
301	299		interest of the state, t ake and assume control of the prosecution or
302	300		defense of the state’s interest therein;
303	301		4. To consult with and advise district attorneys, w hen
304	302		requested by them, in all matters pertaining to the duties of their
305	303		offices, when the district attorneys shall fu rnish the Attorney
306	304		General with a written opinion supported by citation of authorities
307	305		upon the matter submitted;
308	306		5. To give an opinion in writing upon all questions of law
309	307		submitted to the Attorney General by the Legislature or either
310	308		branch thereof, or by any state officer, board, commission or
311	309		department, provided, that the Attorney General sha ll not furnish
312	310		opinions to any but district a ttorneys, the Legislature or either
313	311		branch thereof, or any other state official, board, commission or
	312	+	department, and to them only upon matters in which they are
	313	+	officially interested;
	314	+	6. At the request of the Governor, State Auditor and Inspector,
	315	+	State Treasurer, or either branch of the Legislature, to prosecute
	316	+	any official bond or any co ntract in which the state i s interested,
	317	+	upon a breach thereof, and to prosecute or defend for the state all
	318	+	actions, civil or criminal, relating to any matter connecte d with
	319	+	either of their Departments;
314	320
315		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 7 1
	321	+	SENATE FLOOR VERSION - HB2287 SFLR Page 7
	322	+	(Bold face denotes Committee Amendments) 1
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340		-	department, and to them only upon matters in which they are
341		-	officially interested;
342		-	6. At the request of the Governor, State Auditor and Inspector,
343		-	State Treasurer, or either branch of the Legislature, to prosecute
344		-	any official bond or any co ntract in which the state i s interested,
345		-	upon a breach thereof, and to prosecute or defend for the state all
346		-	actions, civil or criminal, relating to any matter connecte d with
347		-	either of their Departments;
348	347		7. Whenever requested by any state officer, board o r
349	348		commission, to prepare p roper drafts for contracts, forms and other
350	349		writing which may be wanted for the use of the state;
351	350		8. To prepare drafts of bills and resolutio ns for individual
352	351		members of the Legislature upon their written request stating the
353	352		gist of the bill or resolutio n desired;
354	353		9. To enforce the proper application of monies appropriated by
355	354		the Legislature and to prosecute breaches of trust in the
356	355		administration of such funds;
357	356		10. To institute actions to recover state monies illegally
358	357		expended, to recover state prop erty and to prevent the illegal use
359	358		of any state property, upon the request of the Governor or the
360	359		Legislature;
361	360		11. To pay into the State Tre asury, immediately upon its
362	361		receipt, all monies received by the Attorney General belonging to
363	362		the state;
	363	+	12. To settle, compromise and dispose of an action in which the
	364	+	Attorney General represents the interests of the state, so long as
	365	+	the consideration negotiated for such settlement, compromise or
	366	+	disposition is payable to the state or one of its agencies which is
	367	+	a named party of the action and any monies, any property or other
	368	+	item of value is paid first to the State Treasury;
	369	+	13. To keep and file copies of all opinions, contracts, forms
	370	+	and letters of the office, and to keep an index of all opinions,
364	371
365		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 8 1
	372	+	SENATE FLOOR VERSION - HB2287 SFLR Page 8
	373	+	(Bold face denotes Committee Amendments) 1
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390		-	12. To settle, compromise and dispose of an action in which the
391		-	Attorney General represents the interests of the state, so long as
392		-	the consideration negotiated for such settlement, compromise or
393		-	disposition is payable to the state or one of its agencies which is
394		-	a named party of the action and any monies, any property or other
395		-	item of value is paid first to the State Treasury;
396		-	13. To keep and file copies of all opinions, contracts, forms
397		-	and letters of the office, and to keep an index of all opinions,
398	398		contracts and forms according to subject and section of the law
399	399		construed or applied;
400	400		14. To keep a register or docket of all actions, demands and
401	401		investigations prosecuted, defended or conducted by the Attorney
402	402		General in behalf of the state . The register or docket shall give
403	403		the style of the case or investigation, where pending, court number,
404	404		office number, the gist of the matter, result and the name s of the
405	405		assistants who handled the matter;
406	406		15. To keep a complete office file of all cases a nd
407	407		investigations handled by the Attorney General on behalf of the
408	408		state;
409	409		16. To report to the Legislature or either branc h thereof
410	410		whenever requested upon any business relating to the duties of the
411	411		Attorney General’s office;
412	412		17. To institute civil actio ns against members of any state
413	413		board or commission for failure of such members to perform their
	414	+	duties as prescribed by th e statutes and the Constitution and to
	415	+	prosecute members of any state board or commission for violation of
	416	+	the criminal laws of this state where such violations have occurred
	417	+	in connection with the performance of such members’ official duties;
	418	+	18. To respond to any request for an opinion o f the Attorney
	419	+	General’s office, submitted by a member of the Legislature,
	420	+	regardless of subject m atter, by written opinion determinative of
	421	+	the law regarding such subject matter;
414	422
415		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 9 1
	423	+	SENATE FLOOR VERSION - HB2287 SFLR Page 9
	424	+	(Bold face denotes Committee Amendments) 1
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440		-	duties as prescribed by th e statutes and the Constitution and to
441		-	prosecute members of any state board or commission for violation of
442		-	the criminal laws of this state where such violations have occurred
443		-	in connection with the performance of such members’ official duties;
444		-	18. To respond to any request for an opinion o f the Attorney
445		-	General’s office, submitted by a member of the Legislature,
446		-	regardless of subject m atter, by written opinion determinative of
447		-	the law regarding such subject matter;
448	449		19. To convene multicounty grand juries in such manner and for
449	450		such purposes as provided by law; provided, such grand juries are
450	451		composed of citizens from each of the counti es on a pro rata basis
451	452		by county;
452	453		20. To investigate any report by the State Auditor and
453	454		Inspector filed with the Attorney General pursuant to Section 223 of
454	455		this title and prosecute all actions, civil or criminal, relating to
455	456		such reports or any irregula rities or derelictions in the management
456	457		of public funds or property which are violations of the laws of this
457	458		state;
458	459		21. To represent and protect the coll ective interests of all
459	460		utility consumers of this state in rate-related proceedings before
460	461		the Corporation Commission or in any other state or federal judicial
461	462		or administrative proceeding;
462	463		22. To represent and protect the collective interests of
463	464		insurance consumers of this state in rate-related proceedings before
	465	+	the Insurance Commissioner or in any oth er state or federal judicial
	466	+	or administrative proceeding;
	467	+	23. To investigate and prosecute any criminal action relating
	468	+	to insurance fraud, if in the o pinion of the Attorney General a
	469	+	criminal prosecution is warranted, or to refer such matters to the
	470	+	appropriate district attorney;
	471	+	24. To monitor and evaluate any action by the federal
	472	+	government including, but not limited to , executive orders by the
464	473
465		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 10 1
	474	+	SENATE FLOOR VERSION - HB2287 SFLR Page 10
	475	+	(Bold face denotes Committee Amendments) 1
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489	499
490		-	the Insurance Commissioner or in any oth er state or federal judicial
491		-	or administrative proceeding;
492		-	23. To investigate and prosecute any criminal action relating
493		-	to insurance fraud, if in the o pinion of the Attorney General a
494		-	criminal prosecution is warranted, or to refer such matters to the
495		-	appropriate district attorney;
496		-	24. To monitor and evaluate any action by the federal
497		-	government including, but not limited to , executive orders by the
498	500		President of the United States, rules or regulations promulgated by
499	501		an agency of the federal government or acts of Congress to determine
500	502		if such actions are in violation of the Tenth Amendment to the
501	503		Constitution of the United Sta tes; and
502	504		25. To maintain data related to human trafficking and to assist
503	505		law enforcement, social service agencies, and victim services
504	506		programs in identifying and supporting victims of human trafficking;
505	507		and
506	508		26. To investigate and prosecute any civil or criminal action
507	509		relating to violations of the Oklahoma Open Records Act, Section
508	510		24A.1 et seq. of Title 51 of the Oklahoma Statutes, or the Oklahoma
509	511		Open Meeting Act, Section 301 et s eq. of Title 25 of the Ok lahoma
510	512		Statutes, if the Attorney Gen eral determines that a civil or
511	513		criminal prosecution is warranted or to defer such matters to a
512	514		district attorney.
	515	+	B. Nothing in this section shall be construed as requ iring the
	516	+	Attorney General to appear and defend or prosecute in any court any
	517	+	cause or proceeding for or on behalf of the Oklahoma Tax Commission,
	518	+	the Board of Managers of the State Insurance Fund, or the
	519	+	Commissioners of the Land Office.
	520	+	C. In all appeals from the Corporation Commission to the
	521	+	Supreme Court of Oklahoma in which the state is a party, the
	522	+	Attorney General shall have the right to designate counsel of the
	523	+	Corporation Commission as the Attorney General’s legally appointed
513	524
514		-	ENGR. S. A. TO ENGR. H. B. NO. 2287 Page 11 1
	525	+	SENATE FLOOR VERSION - HB2287 SFLR Page 11
	526	+	(Bold face denotes Committee Amendments) 1
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539		-	B. Nothing in this section shall be construed as requ iring the
540		-	Attorney General to appear and defend or prosecute in any court any
541		-	cause or proceeding for or on behalf of the Oklahoma Tax Commission,
542		-	the Board of Managers of the State Insurance Fund, or the
543		-	Commissioners of the Land Office.
544		-	C. In all appeals from the Corporation Commission to the
545		-	Supreme Court of Oklahoma in which the state is a party, the
546		-	Attorney General shall have the right to designate counsel of the
547		-	Corporation Commission as the Attorney General’s legally appointed
548	551		representative in suc h appeals, and it shall be the duty of the
549	552		Corporation Commission counsel to act when so designated and to
550	553		consult and advise wit h the Attorney General regarding such appeals
551	554		prior to taking action therein.
552	555		SECTION 3. It being immediately necessary for the preservation
553	556		of the public peace, health or safety, an emergency is hereby
554	557		declared to exist, by reason whereof this act shall take effect and
555		-	be in full force from and after its passage and approval.”
556		-
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581		-
582		-	Passed the Senate the 26th day of April, 2023.
583		-
584		-
585		-
586		-	Presiding Officer of the Senate
587		-
588		-
589		-	Passed the House of Representatives the ____ day of __________,
590		-	2023.
591		-
592		-
593		-
594		-	Presiding Officer of the House
595		-	of Representatives
596		-
597		-	ENGR. H. B. NO. 2287 Page 1 1
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621		-
622		-	ENGROSSED HOUSE
623		-	BILL NO. 2287 By: Pfeiffer of the House
624		-
625		-	and
626		-
627		-	McCortney of the Senate
628		-
629		-
630		-
631		-
632		-
633		-
634		-	[ open records - Public Access Counselor - review of
635		-	denial of open records requests - filings -
636		-	subpoena by Attorney General - binding opinion -
637		-	advisory opinions – codification - effective date ]
638		-
639		-
640		-
641		-
642		-
643		-
644		-	BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
645		-	SECTION 4. NEW LAW A new section of law to be codified
646		-	in the Oklahoma Statutes as Section 24A.40 of Title 51, unless there
647		-	is created a duplication in numbering, reads as follows:
648		-	A. There is hereby established in the Office of the Attorney
649		-	General the position of Public Access Counselor.
650		-	B. A person whose request to inspect or copy a public record is
651		-	denied by a public body, except the Legislature and committees,
652		-	commissions, and agencies thereof , may file a request for review
653		-	with the Public Access Counselo r not later than sixty (60) days
654		-
655		-	ENGR. H. B. NO. 2287 Page 2 1
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679		-
680		-	after the date of the final denial. The request for review must be
681		-	in writing, signed by the requester, and include :
682		-	1. A copy of the request for access to records ; and
683		-	2. Any responses from the public body .
684		-	C. A person whose request to inspect or copy a public record is
685		-	made for a commercial purpose may not file a request for review with
686		-	the Public Access Counselor. A person whose request to inspect or
687		-	copy a public record was treated by the public body as a request fo r
688		-	a commercial purpose may file a request for review with the P ublic
689		-	Access Counselor for the limite d purpose of reviewing whe ther the
690		-	public body properly determined that the request was made for a
691		-	commercial purpose.
692		-	D. Upon receipt of a request for rev iew, the Public Access
693		-	Counselor shall determine whether further ac tion is warranted. If
694		-	the Public Access Counselor determin es that the alleged violation is
695		-	unfounded, they shall advise the requester and the publ ic body and
696		-	no further action shall be und ertaken. In all other cases, the
697		-	Public Access Counselor shall for ward a copy of the request for
698		-	review to the public body wi thin seven (7) business days after
699		-	receipt and shall specify the records or other docume nts that the
700		-	public body shall furnish to facilitate the review. Within seven
701		-	(7) business days after receip t of the request for review, the
702		-	public body shall provide copies of records requested and shall
703		-	otherwise fully cooperate with the Public Access C ounselor. If a
704		-
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730		-	public body fails to furni sh specified records pursuant to this act,
731		-	or if otherwise necessar y, the Attorney General may issue a subpoena
732		-	to any person or public body having knowledge of or recor ds
733		-	pertaining to a request for review of a de nial of access to records
734		-	under the act. To the extent that records or documents produced by
735		-	a public body contain information claimed to be exempt from
736		-	disclosure under the Oklahoma Open Records Act, the Public Access
737		-	Counselor shall not further disclose that information.
738		-	E. Within seven (7) business days after it receives a copy of a
739		-	request for review and re quest for production of records f rom the
740		-	Public Access Counselor, the public body may, but is not required
741		-	to, answer the allegations of the reques t for review. The answer
742		-	may take the form of a letter, brief, or memorandum. The Public
743		-	Access Counselor shall forward a copy of the answer to the person
744		-	submitting the request for review, with any alleged confident ial
745		-	information to which the request p ertains redacted from the copy.
746		-	The requester may, but is not required to, respond in writing to the
747		-	answer within seven (7) business days and shall provide a copy of
748		-	the response to the public body .
749		-	F. In addition to the request for review, and the answ er and
750		-	the response thereto, if any, a req uester or a public body may
751		-	furnish affidavits or records concernin g any matter germane to the
752		-	review.
753		-
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779		-	G. Unless the Public Access Counselor extends the time by no
780		-	more than 30 business days by sending written not ice to the
781		-	requester and the public body t hat includes a statement of the
782		-	reasons for the extension in the no tice, or decides to address the
783		-	matter without the issuance of a binding opinion, the Attorney
784		-	General shall examine the issues and the records, sh all make
785		-	findings of fact and conclusions of law, and shall issue to the
786		-	requester and the public body an opi nion in response to the request
787		-	for review within sixty (60) days after its receipt. The opinion
788		-	shall be binding upon both the requester and the public body.
789		-	In responding to any request under this act, the Attorney
790		-	General may exercise their discretion and choose to resolve a
791		-	request for review by mediation or by means other than the issuance
792		-	of a binding opinion. The decision not to issue a bind ing opinion
793		-	shall not be reviewable .
794		-	Upon receipt of a binding opinion concluding that a violation of
795		-	this act has occurred, the public body s hall either take necessary
796		-	action immediately to comply with the directive of the opinion or
797		-	shall file suit in the proper district court. If the opinion
798		-	concludes that no violation of the act has occurred, the requester
799		-	may file suit in the proper distri ct court.
800		-	A public body that discloses records in accordance with an
801		-	opinion of the Attorney General is immune fro m all liabilities by
802		-	reason thereof and sh all not be liable for penalties under this act.
803		-
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829		-	H. If the requester files suit under Section 24A.17 of Title 51
830		-	of the Oklahoma Statutes with respect to the same denial that is the
831		-	subject of a pending request for review, the requester shall notify
832		-	the Public Access Counselor, and the Public Access Counselor shall
833		-	take no further action with re spect to the request for review and
834		-	shall so notify the public body .
835		-	I. The Attorney General may also issue advisory opini ons to
836		-	public bodies regarding compliance with this act. A review may be
837		-	initiated upon receipt of a written request from the head of the
838		-	public body or its atto rney, which shall contain sufficient accurate
839		-	facts from which a determination can be made. The Public Access
840		-	Counselor may request add itional information from the public body in
841		-	order to assist in the review. A public body that relies in good
842		-	faith on an advisory opinion of the Attorney General in responding
843		-	to a request is not liable for penalt ies under this act, so long as
844		-	the facts upon which the opinion is based have been fully and fairly
845		-	disclosed to the Public Access Co unselor.
846		-	SECTION 5. This act shall become effective November 1, 2023.
847		-
848		-	ENGR. H. B. NO. 2287 Page 6 1
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872		-
873		-	Passed the House of Representatives the 22nd day of March, 2023.
874		-
875		-
876		-
877		-
878		-	Presiding Officer of the House
879		-	of Representatives
880		-
881		-
882		-
883		-	Passed the Senate the ___ day of __________, 2023.
884		-
885		-
886		-
887		-
888		-	Presiding Officer of t he Senate
889		-
890		-
891		-
	558	+	be in full force from and after its passage and approval.
	559	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	560	+	April 11, 2023 - DO PASS AS AMENDED BY CS