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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2095 By: Menz
AS INTRODUCED
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, Section 24 A.5, as last amended
by Section 2, Chapter 116, O.S.L. 2024 (51 O.S. Supp.
2024, Section 24A.5), which relates to the
inspection, copying, and mechanical reproduction 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 24 A.5, as
last amended by Section 2, Chapter 116, O.S.L. 2024 (51 O.S. Supp.
2024, 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, 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 app ly to records specifically required by
law to be kept confidential including:
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a. records protected by a state evidentiar y 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 Sections 940 and
941 of Title 63 of the Oklahoma Statutes that may be
hearsay, preliminary unsubstantiated investigation-
related findings, or confide ntial 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,
f. last names, addresses, 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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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 pur pose 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
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 filed
before July 1, 2002,
l. except as provided for in Section 2 -110 of Title 47 of
the Oklahoma Statutes:
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(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 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 email address, any government -issued
identification numbers, or other contact information;
provided, however, lists of persons licensed , the
existence of a license of a person, or a business or
commercial address, or other business or commercial
information disclosable 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
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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
Licensing 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;
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
not be required to assemble for the requesting person specific
information, in any format, from driving rec ords relating to any
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person whose name and date of birth or whose driver license number
is not furnished by the requesti ng person.
The Oklahoma State Bureau of Investigation shall not be required
to assemble for the requesting person any criminal history r ecords
relating to persons whose names, da tes 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 oth erwise 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
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,
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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 news media for news purpose s 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 fee charged by the Departm ent 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 esta blishing 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 pur pose of discouraging
requests for informat ion 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
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any county shall be a vailable for inspection 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 pr ompt, reasonable access to its
records but may establish reasonable procedures which protect the
integrity and organizat ion of its records and to prevent excessive
disruptions of its essential functions. A delay in providing access
to records shall be lim ited 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 com pletion of a prior records request that wi ll
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 . Public bodies shall 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 body for inspection,
copying, or mechanical reproduction. At least one person shall be
available at all times to release records during the regul ar
business hours of the public body.
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SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
03/06/2025 - DO PASS.