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SENATE FLOOR VERSION
April 9, 2024
ENGROSSED HOUSE
BILL NO. 2730 By: Menz, Rosecrants, and
Hefner of the House
and
Kirt and Bullard of the
Senate
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, Section 24A.5, as amended by
Section 5, Chapter 332, O.S.L. 2023 (51 O.S. Supp.
2023, Section 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 , as
amended by Section 5, Chapter 332, O.S.L. 2023 (51 O.S. Supp. 2023,
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; provided:
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:
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a. records protected by a state evidentiary privilege
such as the attorney -client privilege, the work
product immunity from discovery and the ide ntity of
informer privileges,
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 940 and
941 of Title 63 of the Oklahoma Statutes that may be
hearsay, preliminary unsubstantiated investigation -
related findings, or confidential medical information,
e. any test forms, question banks and answer keys
developed for state licensure examinations, but
specifically excluding test preparation materials or
study guides, or
f. last names, addresses, social security Social Security
numbers or tax identification numbers, and proof of
identification submitted to the Oklahoma Lottery
Commission by persons claiming a lottery prize;
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2. All Social Security numbers inc luded 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;
3. Any reasonably segregable portion of a record containin g
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 relating to a ny
person whose name and date of birth or whose driver license number
is not furnished by the requesting person.
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 required by the Oklahoma State Bureau of
Investigation pursuant to administrative rule are not furnished by
the requesting person;
4. Any request for a record which contains individua l 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 costs of record
copying, or mechanical reproduction. Notwithstanding any state or
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local provision to the contrary, in no instance shall the 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 Dollar ($1.00) per copied
page for a certified copy. However, if the request:
a. is solely for commercial purpose, or
b. would clearly cause excessive disruption 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, publication in a
newspaper or broadcast by new s 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 electronic data to the
news media for a news purpose shall not exceed the direct cost of
making the copy. The fe e charged by the Department of Public Safety
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 law.
Any public body establishing fees unde r 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
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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 discouragi ng
requests for information or as obstacles to disclosure of requested
information;
5. The land description tract index of all recorded instruments
concerning real property required to be kept by the county clerk of
any county shall be available for inspe ction or copying in
accordance with the provisions of the Oklahoma Open Records Act;
provided, however, the index shall not be copied or mechanically
reproduced for the purpose of sale of the information;
6. A public body must provide prompt, reasonable a ccess to its
records but may establish reasonable procedures which protect the
integrity and organization of its records and to prevent excessive
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. If a records
request cannot be completed within ten (10) business days of the
request, a person designated pursuant t o paragraph 7 of this section
shall provide written notice to the requestor indicating the reason
for the delay and specifying a date within a reasonable time when
the information requested will be available for inspection or
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duplication. 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 the Internet shall meet the obligation of providing
prompt, reasonable access to its records as required by this
paragraph; and
7. A public body shall 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 release records during the regular
business hours of the public body.
SECTION 2. This act shall become effective November 1, 202 4.
COMMITTEE REPORT BY: COMMITTEE O N JUDICIARY
April 9, 2024 - DO PASS