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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1097 By: Standridge
AS INTRODUCED
An Act relating to the Oklahoma Open Records Act;
amending 51 O.S. 2021, Section 24A.5, as last amended
by Section 2, Chapter 116, O .S.L. 2024 (51 O.S. Supp.
2024, Section 24A.5), which relates to inspection and
copying of records; updating statutory reference;
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
last amended by Section 2, Chapter 116, O.S.L. 2024 (51 O.S. Supp.
2024, Section 24A.5), is amended to r ead 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 thr ough 24A.30
24A.34 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
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product immunity from discover y 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 tha t 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 mat erials or
study guides,
f. last names, addresses, Social Security numbers or ta x
identification numbers, and proof of identification
submitted to the Oklahoma Lottery Commission by
persons claiming a lottery prize,
g. unless public disclosure is required b y 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,
h. personal financial information, credit reports, or
other financial data obtaine d 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 safeg uarding 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 pr oduct 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:
(1) any record in connection with a Motor Vehicle
Report issued by the Department of Public Safety,
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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 272 5, 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 address is the same
as the applicant’s personal address, except when the
applicant permits in writing the disclosure of the
address,
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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 reco rd 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 b ody;
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 specifi c
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.
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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 state law, the cost may
be assessed for each individual record, or po rtion 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, i n 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 news media for new s purposes shall not
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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 purp ose 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 shal l 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 in terest, 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 se rvants.
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 all recorded instruments
concerning real property required to be kep t by the county clerk of
any county shall be available for inspection or copying in
accordance with the provisions of the Oklahoma Open Records Act;
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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 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 del ay 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 to paragraph 7 o f 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 wi ll be available for inspection or
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
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available at all times to release records during the regular
business hours of the public body.
SECTION 2. This act shall bec ome effective November 1, 2025.
60-1-1333 TEK 1/16/2025 3:32:30 PM