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SENATE FLOOR VERSION
April 2, 2024
ENGROSSED HOUSE
BILL NO. 3779 By: Duel of the House
and
Standridge of the Senate
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, Sections 24A.3, as last
amended by Section 11, Chapter 271, O.S.L. 2023,
24A.5, as amended by Section 5, Chapter 332, O.S.L.
2023, and 24A.17 (51 O.S. Supp. 2023, Sections 24A.3
and 24A.5), which relate to public records; reducing
the list of things defined as nonrecords; increasing
the types of confidential records; prescribing a
deadline to notify of intent to file suit for denied
record access; 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. 3, as
last amended by Section 11, Chapter 271, O.S.L. 2023 (51 O.S. Supp.
2023, Section 24A.3), is amended to read as follows:
Section 24A.3 As used in the Oklahoma Open Records 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, record, sound
recording, film recording, video record or other material regardless
of physical form or characteristic, created by, received by, under
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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
of public funds or the administering of public property. Record
does not mean:
a. computer software, or
b. nongovernment personal effects ,
c. unless public disclosure is required by other laws or
regulations, vehicle movement records of the Oklahoma
Transportation Authority obtained 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 license, 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 safeg uarding 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 the
facility or by a purchaser of a product sold by or
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through the Oklahoma Tourism and Recreation
Department,
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 connection with a Motor Vehicle
Report issued by the Department of Public Safety,
as prescribed in Section 6 -117 of Title 47 of the
Oklahoma Statutes, or
(2) personal information within driver records, 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,
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
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business or commercial address, or other business or
commercial information disclosable under state law
submitted with an application for licensure shall be
public record, or
j. an investigative file obtained during an investigation
conducted by the State Department of Health under this
act;
2. "Public body" shall incl ude, but not be limited to, any
office, department, board, bureau, commission, agency, trusteeship,
authority, council, committee, trust or any entity created by a
trust, county, city, village, town, township, district, school
district, fair board, court, executive office, advisory group, task
force, study group or any subdivision thereof, supported in whole or
in part by public funds or entrusted with the expenditure of public
funds or administering or operating public property, and all
committees, or subcommittees thereof. Except for the records
required by Section 24A.4 of this title, public body does not mean
judges, justices, the Council on Judicial Complaints, the
Legislature or legislators. Public body shall not include an
organization that is exemp t from federal income tax under Section
501(c)(3) of the Internal Revenue Code of 1986, 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 o f Higher Education. Such organization shall
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not receive direct appropriations from the Oklahoma Legislature.
The following persons shall not be eligible to serve as a voting
member of the governing board of the organization:
a. a member, officer, or empl oyee of the Oklahoma State
Regents for Higher Education,
b. a member of the board of regents or other governing
board of the college or university that is the sole
beneficiary of the organization, or
c. an officer or employee of the college or university
that is the sole beneficiary of the organization;
3. "Public office" means the physical location where public
bodies conduct business or keep records;
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 criminal laws and initiating criminal
prosecutions including, but not limited to, police departments,
county sheriffs, the Department 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. 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 follows:
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Section 24A.5 All records of public bodi es 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
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 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 Sec tions 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 exa minations, but
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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 ,
g. unless public disclosure is required by other laws or
regulations, vehicle movement records of the Oklahoma
Transportation Authority obtained in connection with
the Authority's electronic toll collection system,
h. 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 license, permit, or for the
purpose of becoming qualified to contract with a
public body,
i. any digital audio/video recordings of the toll
collection and safeguarding activities of the Oklahoma
Transportation Authority,
j. 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 the
facility or by a purchaser of a product sold by or
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through the Oklahoma Tourism and Recreation
Department,
k. a Department of Defense Form 214 (DD Form 214) filed
with a county clerk, including any DD Form 214 fil ed
before July 1, 2002,
l. except as provided for in Section 2 -110 of Title 47 of
the Oklahoma Statutes:
(1) any record in connection with a Motor Vehicle
Report issued by the Department of Public Safety,
as prescribed in Section 6 -117 of Title 47 of the
Oklahoma Statutes, or
(2) personal information within driver records, as
defined by the Driver's Privacy Protection Act,
18 U.S.C., Sections 2721 through 2725, which are
stored and maintained by the Department of Public
Safety,
m. any portion of any documen t 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 email addres s, any government-issued
identification numbers, or other contact information;
provided, however, lists of persons licensed, the
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existence of a license of a person, or a business or
commercial address, or other business or commercial
information disclosabl e under state law submitted with
an application for licensure shall be public record,
unless the business or commercial add ress is the same
as the applicant's personal address, except when the
applicant permits in writing the disclosure of the
address,
n. an investigative file obtained during an investigation
conducted by the State Department of Health into
violations of the Long -Term Care Administrator Act
under Title 63 of the Oklahoma Statutes, or
o. documents, evidence, materials, records, reports,
complaints, or other information in the possession or
control of the Attorney General or Insurance
Department pertaining to an evaluation, examination,
investigation, or review made pursuant to the
provisions of the Patient’s Right to Pharmacy Choice
Act, the Pharmacy Audit Integrity Act , or Sections 357
through 360 of Title 59 of the Oklahoma Statutes ;
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 record c ontaining
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 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 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 individual records
of persons, and the cost of copying, reproducing or certifying each
individual record is otherwise prescribed by st ate law, the cost may
be assessed for each individual record, or portion thereof requested
as prescribed by state law. Oth erwise, a public body may charge a
fee only for recovery of the reasonable, direct costs of record
copying, or mechanical reproductio n. Notwithstanding any state or
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)
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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 charg e a reasonable 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 for trade or commercial
purpose and charges for pr oviding copies 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 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 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 se arch 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 honestl y, 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 a ll recorded instruments
concerning real property required to be kept by the county clerk of
any county shall be available f or inspection or copying in
accordance with the provisions of the Oklahoma Open Records Act;
provided, however, the index shall not b e copied or mechanically
reproduced for the purpose of sale of the information;
6. A public body must provide prompt, reasonable access 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 solel y to the time required for
preparing the requested documents and the avoidance of excessive
disruptions of the public body's essentia l 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 rec ords 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,
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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 3. AMENDATORY 51 O.S. 2021, Section 24A.17, is
amended to read as follows:
Section 24A.17 A. Any public official who willfully violates
any provision of the Oklahoma O pen Records Act, upon conviction,
shall be guilty of a misdemeanor, and shall be punished by a fine
not exceeding Five Hundred Dollar s ($500.00) or by imprisonment in
the county jail for a period not exceeding one (1) year, or by both
such fine and imprisonment.
B. Any person who requests and is denied access to records of a
public body or public official:
1. May bring a civil suit fo r declarative or injunctive relief,
or both, but such civil suit shall be limited to records requested
and denied prior to filing of the civil suit; and
2. If successful, shall be entitled to reasonable attorney
fees.
C. Prior to bringing a civil suit un der subsection B of this
section, any person seeking declaratory or injunctive relief, or
both, must notify the public body or public official of his or her
intent to bring a civil suit to obtain relief in writing ten (10)
business days prior to filing for such relief. Such notice must
also be provided to the Attorney General.
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D. If the public body or public official success fully defends a
civil suit and the court finds that the suit was clearly frivolous,
the public body or public official shall be entit led to reasonable
attorney fees.
D. E. A public body or public official shall not be civilly
liable for damages for providing access to records as allowed under
the Oklahoma Open Records Act.
SECTION 4. This act shall become effective Nov ember 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 2, 2024 - DO PASS