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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1044 By: Jett
AS INTRODUCED
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, Section 24A.3, as last amended
by Section 1, Chapter 402, O.S.L. 2022 (51 O.S. Supp.
2022, Section 24A.3), which relates to defin itions;
modifying exception to certain definition; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.3, as
last amended by Section 1, Chapter 402, O.S.L. 2022 (51 O.S. Supp.
2022, Section 24A.3), is amended to read as follows:
Section 24A.3. As used in the Oklahoma Open Rec ords Act:
1. “Record” means all documents including, but not limited to,
any book, paper, photograph, microfilm, data files created by or
used with computer software, computer tape, disk, rec ord, sound
recording, film recording, video record or other mate rial regardless
of physical form or characteristic , created by, received by, under
the authority of, or coming into the custody, control or possession
of public officials, public bodies or their representatives in
connection with the transaction of public business, the expenditure
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of public funds or the a dministering of public property. “Record”
does not mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is required by other laws or
regulations, vehicle movement reco rds of the Oklahoma
Transportation Authority obtai ned in connection with
the Authority’s electronic toll collection system,
d. personal financial information, credit reports or
other financial data obtained by or submitted to a
public body for the purpose of evaluating credit
worthiness, obtaining a licen se, permit or for the
purpose of becoming qualified to contract with a
public body,
e. any digital audio/video recordings of the toll
collection and safeguarding activities of the Oklahoma
Transportation Authority,
f. any personal information provided by a guest at any
facility owned or operated by the Oklahoma Tourism and
Recreation Department to obtain any service at t he
facility or by a purchaser of a product sold by or
through the Oklahoma Tourism and Re creation
Department,
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g. a Department of Defense Form 214 (DD Form 214) filed
with a county clerk including any DD Form 214 filed
before July 1, 2002,
h. except as provided for in Section 2 -110 of Title 47 of
the Oklahoma Statutes,
(1) any record in connect ion with a Motor Vehicle
Report issued by the Department of Public Safety,
as prescribed in Secti on 6-117 of Title 47 of the
Oklahoma Statutes, or
(2) personal information within driver record s, as
defined by the Driver ’s Privacy Protection Act,
18 United States Code, Sections 2721 through
2725, which are stored and maintained by the
Department of Public Safety, or
i. any portion of any document or information provided to
an agency or entity of the state or a political
subdivision to obtain licensure under the laws of this
state or a political subdivision that contains an
applicant’s personal address, personal phone number,
personal electronic mail address or other contact
information. Provided , however, lists of persons
licensed, the existence of a license of a person, or a
business or commercial address, or other business or
commercial information disclosable under state law
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submitted with an application for licensure shall be
public record;
2. “Public body” shall include, but not be limited to , any
office, department, board, bureau, commission, agency, trusteeship,
authority, council, committee, trust or any entity cr eated by a
trust, county, city, village, town, township, distri ct, school
district, fair board, court, executive office, advisory group, tas k
force, study group or any subdivision thereof, s upported in whole or
in part by public funds or entrusted with th e expenditure of public
funds or administering or operating pub lic property, and all
committees, or subcommittees thereof. Except for the re cords
required by Section 24A.4 of this title, “public body” does not mean
judges, justices, the Council on Judicia l Complaints, the
Legislature or legislators. “Public body” shall not include an
organization that is exempt from federal income tax under S ection
501(c)(3) of the Internal Revenue Code of 1 986, as amended, and
whose sole beneficiary is a college or university, or an affiliated
entity of the college or university, that is a member of The
Oklahoma State System of Higher Education . Such organization shall
not receive direct appropria tions from the Oklahoma Legislature.
The following persons shall not b e eligible to serve as a voting
member of the governing bo ard of the organization:
a. a member, officer, or employee of the Oklahoma State
Regents for Higher Education ,
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b. a member of the board o f regents or other governing
board of the college or university th at is the sole
beneficiary of the organization, or
c. an officer or employee of the college or university
that is the sole beneficiary of th e organization;
3. “Public office” means the physical location where public
bodies conduct business or keep record s;
4. “Public official” means any official or employee of any
public body as defined herein; and
5. “Law enforcement agency” means any public body charged with
enforcing state or local crim inal laws and initiating criminal
prosecutions including, but not limited to, police departments,
county sheriffs, the Departm ent of Public Safety, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
of Investigation.
SECTION 2. This act shall become effective November 1, 2023.
59-1-104 TEK 1/19/2023 12:57:24 PM