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SENATE FLOOR VERSION
February 14, 2023
AS AMENDED
SENATE BILL NO. 89 By: Kirt of the Senate
and
Echols of the House
An Act relating to the Oklahoma Open Records Ac t;
amending 51 O.S. 2021, Sectio n 24A.5, which relates
to inspection and copying of records; requiring
certain written notice when records request cannot be
completed within a specified time; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, 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, copyin g, or
mechanical reproduction during r egular business hours; provid ed:
1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30
24A.33 of this title, does not apply to records specifically
required by law to be kept confidential including:
a. records protected by a state evidentiary pr ivilege
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 suc h as executive
sessions authorized under the Oklahoma Open Me eting
Act,
c. personal information within driver records as defined
by the Driver’s Privacy Protection Act, 18 United
States Code, Sections 2721 through 2725,
d. information in the files of the B oard of Medicolegal
Investigations obtained pursuant to Secti ons 940 and
941 of Title 63 of the Oklahoma Statutes that may be
hearsay, preliminary unsubstantiated inves tigation-
related findings, or confidential medical information,
or
e. any test forms, question banks and answer keys
developed for state licensure ex aminations, but
specifically excluding test preparation materials or
study guides;
2. All Social Security numbers 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 deleted prior to
release of the record by the public body;
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3. Any reasonably segregable portion of a recor d containing
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 re lating to any
person whose name and date of birth or whose driver license number
is not furnished by the requesting per son.
The Oklahoma State Bureau of Investigation shall not be required
to assemble for the requesting person any criminal history records
relating to persons whose names, dates of birth, and other
identifying information requi red by the Oklahoma State Burea u of
Investigation pursuant to administrative rule are not furnished by
the requesting person;
4. Any request for a record which contain s individual records
of persons, and the cost of copying, reproducing or certifying each
individual record is otherwise prescribed by state law, the cost may
be assessed for each individual record, or portion thereof requested
as prescribed by state law. Otherwise, a public body may charge a
fee only for recovery of the reasonable, direct co sts of record
copying, or mechanical reproduction. Notwithst anding any state or
local provision to the contrary, in no instance shall the record
copying fee exceed twe nty-five cents ($0.25) per page for records
having the dimensions of eight and one -half (8 1/2) by fourteen (14)
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inches or smaller, or a maximum of O ne Dollar ($1.00) per copied
page for a certified copy. However, if the request:
a. is solely for commerci al purpose, or
b. would clearly cause excessive disruption of the
essential functions of the public body,
then the public body may charge a reasonabl e fee to recover the
direct cost of record search and copying; however, publication in a
newspaper or broadcast by news media for news purposes shall not
constitute a resale or use of a record fo r trade or commercial
purpose and charges for providing copie s of electronic 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 for mat of a record of the Departme nt
shall not exceed the direct cost of making the copy unless the fee
for the record is otherwise set by law.
Any public body establishin g fees under this act shall post a
written schedule of the fees at its principal office and with the
county clerk.
In no case shall a search fee be c harged 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 entruste d with the affairs of the
government are honestly, faithfully , and competently performing
their duties as public servants.
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The fees shall not be used for the purpose of discouraging
requests for information or as obstacles to disclosure of requested
information;
5. The land description tract index of all recorded i nstruments
concerning real property required to be kept by the county clerk of
any county shall be availabl e for inspection or copying in
accordance with the provisions of the Oklahoma Open Recor ds Act;
provided, however, the index shall not be copied or m echanically
reproduced for the purpose of sale of the information;
6. A public body must provide prompt, r easonable access to its
records but may establish reasonable procedures which protect th e
integrity and organization of its records and to prevent ex cessive
disruptions of its essential functions. A delay in providing access
to records shall be limited so lely to the time required for
preparing the requested documents and the avoidance of exc essive
disruptions of the publi c body’s essential functions. If a records
request cannot be completed within ten (10) business days of the
request, a person designated pursuant to paragraph 7 of this section
shall provide written notice to the requestor i ndicating the reason
for the delay and specifying a date with in a reasonable time when
the information requested will be available for inspec tion or
duplication. In no event may production of a current request for
records be unreasonably delayed until aft er completion of a prior
records request that will take subst antially longer than the current
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request. Any public body which makes the requested records
available on the Internet shall meet the obligation of providing
prompt, reasonable access to its reco rds as required by this
paragraph; and
7. A public body shal l designate certain persons who are
authorized to release records of the public body for inspection,
copying, or mechanical reproduction. At least one person shall be
available at all times to r elease records during the regul ar
business hours of the publi c body.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 14, 2023 - DO PASS AS AMENDED