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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1574 By: Floyd of the Senate
and
Townley of the House
An Act relating to the Oklahoma Open Re cords Act;
amending 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), which relates to
definitions; modifying definition; updating statutory
reference; updating statutory language; and providing
an effective date.
AUTHOR: Add the following House Coauthor: Swope
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to the Oklahoma Open Re cords Act;
amending 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), which relates to
definitions; modifying definition; updating statutory
reference; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 A ct:
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
the authority of, or coming into the custody, control o r possession
of public officials, public bodies or their r epresentatives in
connection with the transaction of public busin ess, the expenditure
of public funds or the administering of public property . Record
shall also mean applications and other documents related to
licensure matters that are filed of record in a district court,
including, but not limited to, marriage licenses, process serv er
licenses, closing out sale licen ses, transient merchant licenses,
pool hall licenses, and ba il bondsmen registration . Record does not
mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is requ ired by other laws or
regulations, vehicle movement records of the Oklahoma
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Transportation Authority obtained in connection with
the Authority’s electronic toll collection system,
d. personal financial information, credit reports or
other financial data ob tained by or submitted to a
public body for the pu rpose 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 reco rdings of the toll
collection and safeguarding activities of the Oklahoma
Transportation Authority,
f. any personal information provided by a guest at any
facility owned or opera ted by the Oklahoma Tourism and
Recreation Department to obtain any service at the
facility or by a purchaser of a product sold by or
through the Oklahoma Touris m 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
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Service Oklahoma, 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,
Title 18 of the United States Code, Sec tions 2721
through 2725, which are stored and maintained by
the Department of Public Safety Service Oklahoma,
i. any portion of any document or information provided to
an agency or entity of th e state or a political
subdivision to obtain li censure 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 existenc e
of a license of a person, or a business or
commercial address, or other business or
commercial information d isclosable under state
law submitted with an application for licensure
shall be public record , or
j. an investigative file obtained during an inv estigation
conducted by the Stat e Department of Health under this
act the Long-Term Care Administrator Licensin g Act;
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2. “Public body” shall include, but not be limited to, any
office, department, board, bureau, commission, a gency, trusteeship,
authority, council, committee, trust or any entity creat ed by a
trust, county, city, village, town, township, district, s chool
district, fair board, cour t, executive office, advisory group, task
force, study group or any subdivision the reof, supported in whole or
in part by public funds or entrust ed with the expenditure of public
funds or administering or operating public pr operty, and all
committees, or subcommittees thereof . Except for the records
required by Section 24A.4 of this tit le, 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 exempt from federal inc ome tax under Section
501(c)(3) of the Internal Revenue Code o f 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 of Higher Education . Such organization shall
not receive direct appropriations f rom 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 employee of the Oklaho ma State
Regents for Higher Education,
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b. a member of the boar d of regents or other gover ning
board of the college or university that is the sole
beneficiary of the organizati on, 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 reco rds;
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 c riminal laws and initiating criminal
prosecutions including, b ut not limited to, police departments,
county sheriffs, the Department of Publi c Safety, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforceme nt Commission, and the Oklahoma State Bureau
of Investigation.
SECTION 2. This act shall become effective November 1, 2024."
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Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1574 By: Floyd of the Senate
and
Townley of the House
An Act relating to the Oklahoma Open Re cords Act;
amending 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), which relates to
definitions; modifying definition; updating statutory
reference; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. 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 A ct:
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, s ound
recording, film recording, video record or other material regardless
of physical form or characteristic, created by, received by, under
the authority of, or coming into the custody, control o r possession
of public officials, public bodies or their rep resentatives in
connection with the transaction of public busin ess, the expenditure
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of public funds or the administering of public property . Record
does not mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is requ ired 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 ob tained by or submitted to a
public body for the pu rpose 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 reco rdings of the toll
collection and safeguarding activities of the Oklahoma
Transportation Authority,
f. any personal information provided by a guest at any
facility owned or opera ted by the Oklahoma Tourism and
Recreation Department to obtain any service at the
facility or by a purchaser of a product sold by or
through the Oklahoma Touris m and Recreation
Department,
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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 Ve hicle
Report issued by the Department of Public Safety ,
Service Oklahoma as prescribed in Section 6-117
of Title 47 of the Oklahoma Statutes, or
(2) personal information within driv er records, as
defined by the Driver’s Privacy Protection Ac t,
Title 18 of the United States Code, Sec tions 2721
through 2725, which are stored and maintained by
the Department of Public Safety Service Oklahoma,
i. (1) any portion of any document or inform ation
provided to an agency or entity of th e state or a
political subdivision to obtain li censure 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 existenc e
of a license of a person, or a business or
commercial address, or other business or
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commercial information disclosable under state
law submitted with an application for licensure
shall be public record ,
(2) division (1) of this subparagraph shall not apply
to applications and other documents related to
licensure matters that are filed of record in a
district court including but not limited to
marriage licenses, proce ss server licenses,
closing out sale licenses, transient merchant
licenses, pool hall licenses, and ba il bondsmen
registration, or
j. an investigative file obtained during an inv estigation
conducted by the Stat e Department of Health under this
act the Long-Term Care Administrator Licensing Act ;
2. “Public body” shall include, but not be limited to, any
office, department, board, bureau, commission, agency, trusteeship,
authority, council, committee, trust or any entity creat ed by a
trust, county, city, village, town, township, district, school
district, fair board, cour t, executive office, advisory group, task
force, study group or any subdivision thereof, supported in whole or
in part by public funds or entrust ed with the expenditure of public
funds or administering or operating public propert y, and all
committees, or subcommittees thereof . Except for the records
required by Section 24A.4 of this title , public body does not mean
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judges, justices, the Council on Judicial Complaints, the
Legislature or legislators. Public body shall not include an
organization that is exempt from federal inc ome 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 of Higher Education . Such organization shall
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 employee of the Oklaho ma State
Regents for Higher Education,
b. a member of the board of regents or other gover ning
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 reco rds;
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, b ut not limited to, police departments,
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county sheriffs, the Department of Public Sa fety, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission, a nd the Oklahoma State Bureau
of Investigation.
SECTION 4. This act shall be come effective November 1, 2024.
Passed the Senate the 22nd day of February, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives