Oklahoma 2025 Regular Session

Oklahoma House Bill HB2163 Compare Versions

Version 1 (Old)

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	3	+	ENGR. H. B. NO. 2163 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2163 By: Pfeiffer of the House
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36	31		and
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38	33		Howard of the Senate
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43	38		An Act relating to open records; creating the Public
44	39		Access Counselor within the Office of the Attorney
45	40		General; allowing certain persons to file review of
46	41		denial of open records requests with the Public
47	42		Access Counselor; providing instructions for filing;
48	43		prohibiting filings made for a commercial purpose;
49	44		establishing procedures for review of requests;
50	45		directing Public Access Counselor to notify public
51	46		body; requiring certain furnishing of records;
52	47		permitting subpoena by the Attorney General;
53	48		prohibiting disclosure of certain protected
54	49		information; allowing public body chance to respond
55	50		to request; directing binding opinion s be made within
56	51		certain time frame; permitting Attorney General to
57	52		choose other means for resolving review requests;
58	53		permitting parties to file in district court;
59	54		directing for notification of certain proceedings;
60	55		permitting the Attorney General to issue advisory
61	56		opinions to public bodies regardin g compliance;
62	57		exempting certain failures to comply made under good
63	58		faith; 74 O.S. 2021, Section 18b, as last amended by
64	59		Section 170, Chapter 452, O.S.L. 2024 (74 O.S. Supp.
65	60		2024, Section 18b), which relates to duties of the
66	61		Attorney General; modifying duti es related to
67	62		violations of the Oklahoma Open Records Act and the
68	63		Oklahoma Open Meetings Act; providing for
69	64		codification; and declaring an emergency .
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	68	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	69	+	SECTION 1. NEW LAW A new section of law to be codified
	70	+	in the Oklahoma Statutes as Section 24A.40 of Title 51, unless there
	71	+	is created a duplication in numbering, reads as follows:
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74		-
75		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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103		-	SECTION 1. NEW LAW A new section of law to be codified
104		-	in the Oklahoma Statutes as Section 24A.40 of Title 51, unless there
105		-	is created a duplication in numbering, reads as follows:
106	98		A. There is hereby established in the Office of the Attorney
107	99		General the Public Access Counselor Un it.
108	100		B. A person whose request to inspect or copy a public record is
109	101		denied by a public body, except the Legislature and committees,
110	102		commissions, and agencies thereof, may file a request for review
111	103		with the Public Access Counselor not later than thirty (30 ) calendar
112	104		days after the date of the denial. The request for review shall be
113	105		in writing on a form prescribed by the Attorney General and signed
114	106		by the requester, and shall include:
115	107		1. A copy of the request for access to records; and
116	108		2. Any responses fr om the public body.
117	109		C. A person whose request to inspect or copy a public record
118	110		was treated by the public body as a request for a commercial purpos e
119	111		may file a request for review with the Public Access Counselor for
120	112		the limited purpose of reviewing wheth er the public body properly
121	113		determined that the request was made for a commercial purpose.
122	114		D. A person whose request to inspect or copy a public record
123	115		has not been returned in a prompt or reasonable manner may file a
124	116		request for review with the Public Ac cess Counselor.
	117	+	E. No person whose request to inspect or copy a public record
	118	+	is made for a commercial purpose may file a request for review with
	119	+	the Public Access Counselor.
	120	+	F. Upon receipt of a request for review, the Public Access
	121	+	Counselor shall dete rmine whether further action is warranted. If
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152		-	E. No person whose request to inspect or copy a public record
153		-	is made for a commercial purpose may file a request for review with
154		-	the Public Access Counselor.
155		-	F. Upon receipt of a request for review, the Public Access
156		-	Counselor shall determine whether further action is warranted. If
157	148		the Public Access Counselor determines that the alleged violation is
158	149		unfounded, they shall advise the requester and the public body and
159	150		no further action shall be undertaken. In all other cases, the
160	151		Public Access Counselor shall forward a copy of the request for
161	152		review to the public body within seven (7) business days after
162	153		receipt and shall specify the r ecords or other documents that the
163	154		public body shall furnish to facilitate the review. Within seven
164	155		(7) business days after receipt of the request for review, the
165	156		public body shall fully cooperate and provide a written response to
166	157		the Public Access Counselor. To the extent that records or
167	158		documents produced by a public body contain information claimed to
168	159		be confidential or exempt from disclosure under the Oklahoma Open
169	160		Records Act, the Public Access Counselor shall not further disclose
170	161		that information.
171	162		G. 1. The Attorney General shall examine the request and
172	163		response and shall issue to the public body or pu blic official, or
173	164		both, an advisement in response to the request for review within
174	165		sixty (60) calendar days after its receipt. Additionally, the
	166	+	Attorney General shall notify the requester when the office has
	167	+	completed its review.
	168	+	2. Upon receipt of an a dvisement, the public body shall either
	169	+	take necessary action promptly and reasonably to comply with the
	170	+	Oklahoma Open Records Act or shall respond t o the requester. If the
	171	+	advisement concludes that no additional response is required, the
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202		-	Attorney General shall notify the requester when the office has
203		-	completed its review.
204		-	2. Upon receipt of an advisement, the public body shall either
205		-	take necessary action promptly and reasonably to comply with the
206		-	Oklahoma Open Records Act or shall respond to the requester. If the
207		-	advisement concludes that no additional resp onse is required, the
208	198		requester may file suit in the proper district court against the
209	199		public body of which the request was made.
210	200		3. A public body that discloses records in accordance with
211	201		advice of the Attorney General is immune from all liabilities by
212	202		reason thereof and shall not be liable for penalties under this act.
213	203		H. If the requester files suit under Section 24A.17 of Title 51
214	204		of the Oklahoma Statutes with respect to the same deni al that is the
215	205		subject of a pending request for review, the requester shall notify
216	206		the Public Access Counse lor, and the Public Access Counselor shall
217	207		take no further action with respect to the request for review and
218	208		shall so notify the public body.
219	209		I. The Attorney General may issue advisory opinions to advise
220	210		public bodies regarding compliance with this act. A review may be
221	211		initiated upon receipt of a written request from the head of the
222	212		public body or its attorney, which shall contain sufficient accurate
223	213		facts from which a determination can be made. The Public Access
224	214		Counselor may request additional informat ion from the public body in
225	215		order to assist in the review. A public body that relies in good
	216	+	faith on the advice of the Attorney General in responding to a
	217	+	request is not liable for penalties under this act if the facts upon
	218	+	which the advice is based have been fully and fairly disclosed to
	219	+	the Public Access Counselor.
	220	+	J. If the Public Access Counselor finds that a person
	221	+	requesting review of an agenc y's action pursuant to subsections B,
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253		-	faith on the advice of the Attorney General in responding to a
254		-	request is not liable for penalties under this act if the fac ts upon
255		-	which the advice is based have been fully and fairly disclosed to
256		-	the Public Access Counselor.
257		-	J. If the Public Access Counselor finds that a person
258		-	requesting review of an age ncy's action pursuant to subsections B,
259	248		C, or D of this section has submitted multiple frivolous requests,
260	249		the Public Access Counselor may deny future requests for review.
261	250		K. Notwithstanding any other provisions of law, the Attorney
262	251		General shall not be required to produce pursuant to Section 24A.5
263	252		of Title 51 of the Oklahoma Statutes, the following:
264	253		1. Any records provided under this section to the Office of the
265	254		Attorney General by another public body;
266	255		2. Any correspondence between the Office of the Attor ney
267	256		General and the public body related to advice under this section; or
268	257		3. Any work papers or product of the Office of the Attorney
269	258		General in carrying out the duties required by this section .
270	259		L. Nothing in this section shall be construed to limit the
271	260		Attorney General from enforcing or taking action regarding the
272	261		Oklahoma Open Records Act.
273	262		SECTION 2. AMENDATORY 74 O.S. 2021, Section 18b, as last
274	263		amended by Section 170, Chapter 452, O.S.L. 2024 (74 O.S. Supp.
275	264		2024, Section 18b), is amended to read as follows:
	265	+	Section 18b. A. The duties of the Attorney General as the
	266	+	chief law officer of the state shall be:
	267	+	1. To appear for the state and prosecute and defend all actions
	268	+	and proceedings, civil or criminal, in the Supreme Court and Court
	269	+	of Criminal Appeals in which the state is interested as a party;
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303		-	Section 18b. A. The duties of the At torney General as the
304		-	chief law officer of the state shall be:
305		-	1. To appear for the state and prosecute and defend all actions
306		-	and proceedings, civil or criminal, in the Supreme Court and Court
307		-	of Criminal Appeals in which the state is interested as a par ty;
308	296		2. To appear for the state and pr osecute and defend all actions
309	297		and proceedings in any of the federal courts in which the state is
310	298		interested as a party;
311	299		3. To initiate or appear in any action in which the interests
312	300		of the state or the people of the state are at issue, or to appear
313	301		at the request of the Governor, the Legislature, or either branch
314	302		thereof, and prosecute and defend in any court or before any
315	303		commission, board or officers any cause or proceeding, civil or
316	304		criminal, in which the state may be a party or interested; and when
317	305		so appearing in any such cause or proceeding, the Attorney General
318	306		may, if the Attorney General deems it advisable and to the best
319	307		interest of the stat e, take and assume control of the prosecution or
320	308		defense of the state 's interest therein;
321	309		4. To consult with and advise district attorneys, when
322	310		requested by them, in all matters pertaining to the duties of their
323	311		offices, when the district attorneys shall furnish the Attorney
324	312		General with a written opinion supported by citation of authorities
325	313		upon the matter submitted;
	314	+	5. To give an opinion in writing upon all questions of law
	315	+	submitted to the Attorney General by the Legislature or either
	316	+	branch thereof, or by any state officer, board, commission or
	317	+	department, provided, that the Attorney General shall not fur nish
	318	+	opinions to any but district attorneys, the Legislature or either
	319	+	branch thereof, or any other state official, board, commission or
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353		-	5. To give an opinion in writing upon all questions of law
354		-	submitted to the Attorney General by the Legislature or either
355		-	branch thereof, or by any state officer, board, commission or
356		-	department, provided, t hat the Attorney General shall not furnish
357		-	opinions to any but district attorneys, the Legislature or either
358		-	branch thereof, or any other state official, board, commission or
359	346		department, and to them only upon matters in which they are
360	347		officially interested;
361	348		6. At the request of the Governor, State Auditor and Inspector,
362	349		State Treasurer, or either branch of the Legislature, to prosecute
363	350		any official bond or any contract in which the state is interested,
364	351		upon a breach thereof, and to prosecute or defend for the state all
365	352		actions, civil or crimin al, relating to any matter connected with
366	353		either of their Departments;
367	354		7. Whenever requested by any state officer, board or
368	355		commission, to prepare proper drafts for contracts, forms and other
369	356		writing which may be wanted for the use of the state;
370	357		8. To prepare drafts of bills and resolutions for individual
371	358		members of the Legislature upon their written request stating the
372	359		gist of the bill or resolution desired;
373	360		9. To enforce the proper application of monies appropriated by
374	361		the Legislature and to prosecute breaches of trust in the
375	362		administration of such funds;
	363	+	10. To institute actions to recover state monies illegally
	364	+	expended, to recover state property and to prevent the illegal use
	365	+	of any state property, upon the request of the Governor or the
	366	+	Legislature;
	367	+	11. To pay into the State Treasury, immediately upon its
	368	+	receipt, all monies received by the Attorney General belonging to
	369	+	the state;
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403		-	10. To institute actions to recover state monies illegally
404		-	expended, to recover state property and to prevent the illegal use
405		-	of any state property, upon the requ est of the Governor or the
406		-	Legislature;
407		-	11. To pay into the State Treasury, immediately upon its
408		-	receipt, all monies received by the Attorney General belonging to
409		-	the state;
410	396		12. To settle, compromise and dispose of an action in which the
411	397		Attorney General represents the interests of the state , so long as
412	398		the consideration negotiated for such settlement, compromise or
413	399		disposition is payable to the state or one of its agencies which is
414	400		a named party of the action and any monies, any property or other
415	401		item of value is paid first to the State Trea sury;
416	402		13. To keep and file copies of all opinions, contracts, forms
417	403		and letters of the office, and to keep an index of all opinions,
418	404		contracts and forms according to subject and section of the law
419	405		construed or applied;
420	406		14. To keep a register or docket of all actions, demands and
421	407		investigations prosecuted, defended or conducted by the Attorney
422	408		General in behalf of the state. The register or docket shall give
423	409		the style of the case or investigation, where pending, court number,
424	410		office number, the gist of th e matter, result and the names of the
425	411		assistants who handled the matter;
	412	+	15. To keep a complete office file of all cases and
	413	+	investigations handled by the Attorney General on behalf of the
	414	+	state;
	415	+	16. To report to the Legislature or either branch thereof
	416	+	whenever requested upon any business relating to the duties of the
	417	+	Attorney General's office;
	418	+	17. To institute civil actions against members of any state
	419	+	board or commission for failure of such members to perform their
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453		-	15. To keep a complete office file of all cases and
454		-	investigations handle d by the Attorney General on behalf of the
455		-	state;
456		-	16. To report to the Legislature or either branch thereof
457		-	whenever requested upon any business relating to the duties of the
458		-	Attorney General's office;
459		-	17. To institute civil actions against members of any state
460		-	board or commission for failure of such members to perform thei r
461	446		duties as prescribed by the statutes and the Constitution and to
462	447		prosecute members of any state board or commission for violation of
463	448		the criminal laws of this state where such violation s have occurred
464	449		in connection with the performance of such members ' official duties;
465	450		18. To respond to any request for an opinion of the Attorney
466	451		General's office, submitted by a member of the Legislature,
467	452		regardless of subject matter, by written opinion determinative of
468	453		the law regarding such subject matter;
469	454		19. To convene multicounty grand juries in such ma nner and for
470	455		such purposes as provided by law; provided, such grand juries are
471	456		composed of citizens from each of the counties on a pro rata basis
472	457		by county;
473	458		20. To investigate any report by the State Auditor and
474	459		Inspector filed with the Attorney General p ursuant to Section 223 of
475	460		this title and prosecute all actions, civil or criminal, relating to
476	461		such reports or any irregularities or derelictions in the management
	462	+	of public funds or property which are violations of the laws of this
	463	+	state;
	464	+	21. To represent and protect the collective interests of all
	465	+	utility consumers of this state in rate -related proceedings before
	466	+	the Corporation Commission or in any other state or federal judicial
	467	+	or administrative proceeding;
	468	+	22. To represent and protect the collective interests of
	469	+	insurance consumers of this state in rate -related proceedings before
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504		-	of public funds or property which are violations of th e laws of this
505		-	state;
506		-	21. To represent and protect the collective interests of all
507		-	utility consumers of this state in rate -related proceedings before
508		-	the Corporation Commission or in a ny other state or federal judicial
509		-	or administrative proceeding;
510		-	22. To represent and protect the collective interests of
511		-	insurance consumers of this state in rate -related proceedings before
512	496		the Insurance Commissioner or in any other state or federal judicial
513	497		or administrative proceeding;
514	498		23. To investigate and prosecute any criminal action relating
515	499		to insurance fraud, if in the opinion of the Attorney General a
516	500		criminal prosecution is warranted, or to refer such matters to the
517	501		appropriate district attorney ;
518	502		24. To monitor and evaluate any action by the federal
519	503		government including, but not limited to, executiv e orders by the
520	504		President of the United States, rules or regulations promulgated by
521	505		an agency of the federal government or acts of Congress to determine
522	506		if such actions are in violation of the Tenth Amendment to the
523	507		Constitution of the United States;
524	508		25. To cross-deputize police officers of the police department
525	509		of any municipality or any officer deputized by the county sheriff
526	510		or a designee subject t o an interlocal governmental agreement with
527	511		the Attorney General’s Office in an effort to combine city, cou nty,
	512	+	and state law enforcement efforts and to encourage cooperation
	513	+	between city, county, and state law enforcement officials.
	514	+	Liability for the conduct of any municipal police officer cross -
	515	+	deputized under the terms and conditions of an interlocal
	516	+	governmental agreement or any officer deputized by the county
	517	+	sheriff under the terms and conditions of an interlocal governmental
	518	+	agreement shall remain t he responsibility of the respective employer
	519	+	for that officer; and
528	520
529		-	SENATE FLOOR VERSION - HB2163 SFLR Page 11
530		-	(Bold face denotes Committee Amendments) 1
	521	+	ENGR. H. B. NO. 2163 Page 11 1
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554	545
555		-	and state law enforcement efforts and to encourage cooperation
556		-	between city, county, and state law enforcement officials.
557		-	Liability for the conduct of any municipal police officer cross -
558		-	deputized under the terms and conditions of an interlocal
559		-	governmental agreement or any officer deputized by the county
560		-	sheriff under the terms and conditions of an interlocal governmental
561		-	agreement shall remain the responsibility of the respective employer
562		-	for that officer; and
563	546		26. To maintain data related to human t rafficking and to assist
564	547		law enforcement, social service agencies, and victim services
565	548		programs in identifying and supporting victims of human trafficking ;
566	549		and
567	550		27. To investigate and prosecute any civil or criminal action
568	551		relating to violations of the Okl ahoma Open Records Act, Section
569	552		24A.1 et seq. of Title 51 of the Oklahoma Statutes, or the Oklahoma
570	553		Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma
571	554		Statutes, if the Attorney General determines that a civil or
572	555		criminal prosecution is warra nted or to defer such matters to a
573	556		district attorney.
574	557		B. Nothing in this section shall be construed as requiring the
575	558		Attorney General to appear and defend or prosecute in any court any
576	559		cause or proceeding for or on behalf of the Oklahoma Tax Commission,
577	560		the Board of Managers of the State Insurance Fund, or the
578	561		Commissioners of the Land Office.
	562	+	C. In all appeals from the Corporation Commission to the
	563	+	Supreme Court of Oklahoma in which the state is a party, the
	564	+	Attorney General shall have the right to desig nate counsel of the
	565	+	Corporation Commission as the Attorney General 's legally appointed
	566	+	representative in such appeals, and it shall be the duty of the
	567	+	Corporation Commission counsel to act when so designated and to
	568	+	consult and advise with the Attorney Gene ral regarding such appeals
	569	+	prior to taking action therein.
579	570
580		-	SENATE FLOOR VERSION - HB2163 SFLR Page 12
581		-	(Bold face denotes Committee Amendments) 1
	571	+	ENGR. H. B. NO. 2163 Page 12 1
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605	595
606		-	C. In all appeals from the Corporation Commission to th e
607		-	Supreme Court of Oklahoma in which the state is a party, the
608		-	Attorney General shall have the right to designate counsel of the
609		-	Corporation Commission as the Attorney General 's legally appointed
610		-	representative in such appeals, and it shall be the duty of the
611		-	Corporation Commission counsel to act when so designated and to
612		-	consult and advise with the Attorney General regarding such appeals
613		-	prior to taking action therein.
614	596		SECTION 3. It being immediately necessary for the preservation
615	597		of the public peace, health or safety, an emergency is hereby
616	598		declared to exist, by reason whereof this act shall tak e effect and
617	599		be in full force from and after its passage and approval.
618		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
619		-	April 8, 2025 - DO PASS
	600	+	Passed the House of Representatives the 25th day of March, 2025.
	601	+
	602	+
	603	+
	604	+
	605	+	Presiding Officer of the House
	606	+	of Representatives
	607	+
	608	+
	609	+
	610	+	Passed the Senate the ___ day of __________, 2025.
	611	+
	612	+
	613	+
	614	+
	615	+	Presiding Officer of the Senate
	616	+
	617	+