| 42 | 64 | | |
|---|
| 43 | 65 | | An Act relating to the Oklahoma Open Records Ac t; |
|---|
| 44 | 66 | | amending 51 O.S. 2021, Sectio n 24A.5, which relates |
|---|
| 45 | 67 | | to inspection and copying of records; requiring |
|---|
| 46 | 68 | | certain written notice when records request cannot be |
|---|
| 47 | 69 | | completed within a specified time; and providing an |
|---|
| 48 | 70 | | effective date. |
|---|
| 49 | 71 | | |
|---|
| 50 | 72 | | |
|---|
| 51 | 73 | | |
|---|
| 52 | 74 | | |
|---|
| 53 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
|---|
| 54 | 76 | | SECTION 1. AMENDATORY 51 O.S. 20 21, Section 24A.5, is |
|---|
| 55 | 77 | | amended to read as follows: |
|---|
| 56 | 78 | | Section 24A.5. All records of public bodies and public |
|---|
| 57 | 79 | | officials shall be open to any person for inspection, copyin g, or |
|---|
| 58 | 80 | | mechanical reproduction during r egular business hours; provid ed: |
|---|
| 59 | 81 | | 1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30 |
|---|
| 60 | 82 | | 24A.33 of this title, does not apply to records specifically |
|---|
| 61 | 83 | | required by law to be kept confidential including: |
|---|
| 62 | 84 | | a. records protected by a state evidentiary pr ivilege |
|---|
| 63 | 85 | | such as the attorney -client privilege, the work |
|---|
| 93 | 139 | | b. records of what transpired during meetings of a public |
|---|
| 94 | 140 | | body lawfully closed to the public suc h as executive |
|---|
| 95 | 141 | | sessions authorized under the Oklahoma Open Meeting |
|---|
| 96 | 142 | | Act, |
|---|
| 97 | 143 | | c. personal information within driver records as defined |
|---|
| 98 | 144 | | by the Driver’s Privacy Protection Act, 18 United |
|---|
| 99 | 145 | | States Code, Sections 2721 through 2725, |
|---|
| 100 | 146 | | d. information in the files of the B oard of Medicolegal |
|---|
| 101 | 147 | | Investigations obtained pursuant to Sections 94 0 and |
|---|
| 102 | 148 | | 941 of Title 63 of the Oklahoma Statutes that may be |
|---|
| 103 | 149 | | hearsay, preliminary unsubstantiated inves tigation- |
|---|
| 104 | 150 | | related findings, or confidential medical information, |
|---|
| 105 | 151 | | or |
|---|
| 106 | 152 | | e. any test forms, question banks and answer keys |
|---|
| 107 | 153 | | developed for state licensure examinat ions, but |
|---|
| 108 | 154 | | specifically excluding test preparation materials or |
|---|
| 109 | 155 | | study guides; |
|---|
| 110 | 156 | | 2. All Social Security numbers included in a record may be |
|---|
| 111 | 157 | | confidential regardless of the person ’s status as a public employee |
|---|
| 112 | 158 | | or private individual and may be redacted or delete d prior to |
|---|
| 113 | 159 | | release of the record by the public body; |
|---|
| 144 | 214 | | not be required to assemble for the requesting person specific |
|---|
| 145 | 215 | | information, in any format, from driving records re lating to any |
|---|
| 146 | 216 | | person whose name and date of birth or whose driver license number |
|---|
| 147 | 217 | | is not furnished by the requesting per son. |
|---|
| 148 | 218 | | The Oklahoma State Bureau of In vestigation shall not be required |
|---|
| 149 | 219 | | to assemble for the requesting person any criminal history records |
|---|
| 150 | 220 | | relating to persons whose names, dates of birth, and other |
|---|
| 151 | 221 | | identifying information requi red by the Oklahoma State Burea u of |
|---|
| 152 | 222 | | Investigation pursuant to admin istrative rule are not furnished by |
|---|
| 153 | 223 | | the requesting person; |
|---|
| 154 | 224 | | 4. Any request for a record which contain s individual records |
|---|
| 155 | 225 | | of persons, and the cost of copying, reproducing or certifying each |
|---|
| 156 | 226 | | individual record is otherwise prescribed by state law, the cost m ay |
|---|
| 157 | 227 | | be assessed for each individual record, or portion thereof requested |
|---|
| 158 | 228 | | as prescribed by state law. Otherwise, a public body may charge a |
|---|
| 159 | 229 | | fee only for recovery of the reasonable, direct co sts of record |
|---|
| 160 | 230 | | copying, or mechanical reproduction. Notwithstanding any state or |
|---|
| 161 | 231 | | local provision to the contrary, in no instance shall the record |
|---|
| 162 | 232 | | copying fee exceed twe nty-five cents ($0.25) per page for records |
|---|
| 163 | 233 | | having the dimensions of eight and one -half (8 1/2) by fourteen (14) |
|---|
| 194 | 288 | | b. would clearly cause excessive disruption of the |
|---|
| 195 | 289 | | essential functions of the public body, |
|---|
| 196 | 290 | | then the public body may charge a reasonable fee to recover the |
|---|
| 197 | 291 | | direct cost of record search and copying; however, publication in a |
|---|
| 198 | 292 | | newspaper or broadcast by news media for news purposes shall not |
|---|
| 199 | 293 | | constitute a resale or use of a record fo r trade or commercial |
|---|
| 200 | 294 | | purpose and charges for providing copies of e lectronic data to the |
|---|
| 201 | 295 | | news media for a news purpose shall not exceed the direct cost of |
|---|
| 202 | 296 | | making the copy. The fee charged by the Department of Public Safety |
|---|
| 203 | 297 | | for a copy in a computerized for mat of a record of the Departme nt |
|---|
| 204 | 298 | | shall not exceed the direct cost of making the copy unless the fee |
|---|
| 205 | 299 | | for the record is otherwise set by law. |
|---|
| 206 | 300 | | Any public body establishin g fees under this act shall post a |
|---|
| 207 | 301 | | written schedule of the fees at its principal office and with the |
|---|
| 208 | 302 | | county clerk. |
|---|
| 209 | 303 | | In no case shall a search fee be charged when the release of |
|---|
| 210 | 304 | | records is in the public interest, including, but not limited to, |
|---|
| 211 | 305 | | release to the news media, scholars, authors and taxpayers seeking |
|---|
| 212 | 306 | | to determine whether those entruste d with the affairs of the |
|---|
| 213 | 307 | | government are honestly, faithfully, and competently performing |
|---|
| 214 | 308 | | their duties as public servants. |
|---|
| 245 | 363 | | 5. The land description tract index of all recorded instrum ents |
|---|
| 246 | 364 | | concerning real property required to be kept by the county clerk of |
|---|
| 247 | 365 | | any county shall be availabl e for inspection or copying in |
|---|
| 248 | 366 | | accordance with the provisions of the Oklahoma Open Recor ds Act; |
|---|
| 249 | 367 | | provided, however, the index shall not be copied or mechani cally |
|---|
| 250 | 368 | | reproduced for the purpose of sale of the information; |
|---|
| 251 | 369 | | 6. A public body must provide prompt, r easonable access to its |
|---|
| 252 | 370 | | records but may establish reasonable procedures which protect th e |
|---|
| 253 | 371 | | integrity and organization of its records and to prevent excessiv e |
|---|
| 254 | 372 | | disruptions of its essential functions. A delay in providing access |
|---|
| 255 | 373 | | to records shall be limited so lely to the time required for |
|---|
| 256 | 374 | | preparing the requested documents and the avoidance of exc essive |
|---|
| 257 | 375 | | disruptions of the publi c body’s essential functions. If a records |
|---|
| 295 | 437 | | prompt, reasonable access to its reco rds as required by this |
|---|
| 296 | 438 | | paragraph; and |
|---|
| 297 | 439 | | 7. A public body shall designate certain pe rsons who are |
|---|
| 298 | 440 | | authorized to release records of the public body for inspection, |
|---|
| 299 | 441 | | copying, or mechanical reproduction. At least one person shall be |
|---|
| 300 | 442 | | available at all times to r elease records during the regul ar |
|---|
| 301 | 443 | | business hours of the public body. |
|---|
| 302 | 444 | | SECTION 2. This act shall become effective November 1, 2023. |
|---|