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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2730 By: Menz
AS INTRODUCED
An Act relating to Open Records; amending 51 O.S.
2021, Section 24A.5, which relates to the inspection,
copying, and mechanical repro duction of records;
modifying records response procedures; 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 follo ws:
Section 24A.5 All records of public bodies and public officials
shall be open to any person for inspection, copying, or mechanical
reproduction during regular business hours; provid ed:
1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30
of this title, does not apply to records specifically required by
law to be kept confidential including:
a. records protected by a state evidentiary privilege
such as the attorney -client privilege, the work
product immunity from discovery and the identity o f
informer privileges,
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b. records of what transpired during meetings of a public
body lawfully closed to the public such as executive
sessions authorized under the Oklahoma Open Meeting
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 Board of Medicolegal
Investigations obtained pursuant to Sections 94 0 and
941 of Title 63 of the Oklahoma Statutes that may be
hearsay, preliminary unsubstantiated investigation -
related findings, or confidential medical in formation,
or
e. any test forms, question banks and answer keys
developed for state licensure examinat ions, 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 delete d prior to
release of the record by the public body;
3. Any reasonably segregable portion of a record containing
exempt material shall be provided after deletion of the exempt
portions; provided however, the Department of Public Safety shall
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not be required to assemble for the requesting person specific
information, in any format, from driving records relating to any
person whose name and date of birth or whose driver license number
is not furnished by the requesting person.
The Oklahoma State Bureau of In vestigation shall not be required
to assemble for the requesting perso n any criminal history records
relating to persons whose names, dates of birth, and other
identifying information required by the Oklahoma State Bureau of
Investigation pursuant to admin istrative rule are not furnished by
the requesting person;
4. Any request for a record which contains individual records
of persons, and the cost of copy ing, reproducing or certifying each
individual record is otherwise prescribed by state law, the cost m ay
be assessed for each individual record, or portion thereof requeste d
as prescribed by state law. Otherwise, a public body may charge a
fee only for recovery of the reasonable, direct costs of record
copying, or mechanical reproduction. Notwithstanding any state or
local provision to the contrary, in no instance shall th e record
copying fee exceed twenty -five cents ($0.25) per page for records
having the dimensions of eight and one -half (8 1/2) by fourteen (14)
inches or smaller, or a maximum of One Dol lar ($1.00) per copied
page for a certified copy. However, if the req uest:
a. is solely for commercial purpose, or
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b. would clearly cause excessive disru ption of the
essential functions of the public body,
then the public body may charge a reasonable fee to recover the
direct cost of record search and copying; however, publ ication in a
newspaper or broadcast by news media for news purposes shall not
constitute a resale or use of a record for trade or commercial
purpose and charges for providing copies of e lectronic data to the
news media for a news purpose shall not exceed t he direct cost of
making the copy. The fee charged by the Department of Public Safe ty
for a copy in a computerized format of a record of the Department
shall not exceed the direct cost of making the copy unless the fee
for the record is otherwise set by l aw.
Any public body establishing 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 charged 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 entrusted with the affairs of the
government are honestly, faithfully, and competently performing
their duties as public servants.
The fees shall not be used for the purpose of discouraging
requests for information or as obstacle s to disclosure of requested
information;
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5. The land description tract index of all recorded instrum ents
concerning real property required to be kept by the county clerk of
any county shall be available for inspection or copying in
accordance with the pr ovisions of the Oklahoma Open Records Act;
provided, however, the index shall not be copied or mechani cally
reproduced for the purpose of sale of the information;
6. A public body must provide prompt, reasonable access to its
records but may establish rea sonable procedures which protect the
integrity and organization of its records and to prevent excessiv e
disruptions of its essential functions. A delay in providing access
to records shall be limited solely to the time required for
preparing the requested documents and the avoidance of excessive
disruptions of the public body 's essential functions. In no event
may production of a current request for records be unreasonably
delayed until after completion of a prior records request that will
take substantially longer than the current request. Any public body
which makes the requested records available on t he Internet shall
meet the obligation of providing prompt, reasonable access to its
records as required by this paragraph . Public bodies must respond
to a records request within thirty (30) business days of receipt;
and
7. A public body shall designate certain persons who are
authorized to release records of the public bod y for inspection,
copying, or mechanical reproduction. At least one person shall be
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available at all times to release records during the regular
business hours of the public body.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6856 MJ 01/05/23