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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 488 By: Bergstrom
AS INTRODUCED
An Act relating to unmanned aerial systems; defining
term; prohibiting certain purchase by state agencies
after certain date; prohibit ing certain purchase by
political subdivisions after certain date; directing
the Office of Homeland Security to maintain certain
list; 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 the
Oklahoma Open Records Act; providing for certain
assessment to be confidential; updating statutory
language; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 422 of Title 3, unless there is
created a duplication in numbering, reads as follows:
As used in this act, “drone or unmanned aeria l system” shall
mean a powered aerial vehicle that:
1. Does not carry a human operator and is operated autonomously
without the possibility of direct human intervention from , within,
or on the aircraft; and
2. Uses aerodynamic forces to provide lift .
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 423 of Title 3, unless there is
created a duplication in numbering, reads as follows:
A. Effective January 1, 2028, no state agency shall purch ase or
otherwise acquire a drone or unmanned aerial system other than those
cleared by the Office of Homeland Security , pursuant to Section 3 of
this act. No state funds shall be used to purchase or otherwise
acquire a drone or unmanned aerial system whos e purchase would be
prohibited by the provisions of this subsection. Any contract or
agreement for the acquisition of a drone or unmanned aerial system
not cleared by the Office is void and unenforceable.
B. Effective January 1, 2028, no political subdiv ision of this
state shall purchase or otherwise acquire a drone or unmanned ae rial
system other than those cleared by the Office, pursuant to Section 3
of this act. Any contract or agreement for the acquisition of a
drone or unmanned aerial system not cle ared by the Office is void
and unenforceable.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 424 of Title 3, unless there is
created a duplication in numbering, reads as follows:
A. On or before January 1, 2028, the Office of Homeland
Security, in consultation with the Oklahoma Department of Aerospace
and Aeronautics and the Purchasing Division of the Office of
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Management and Enterprise Services, shall create and regularly
maintain a list of drones and unmanned aerial systems that are:
1. Cleared by the United States Department of Defense through
its Blue UAS program;
2. Determined to be compliant with the requirements of the
National Defense Authorization Act for Fiscal Year 2024, Public Law
118-31;
3. Determined by the Office of Homeland Security to, under
normal operating conditions, be unable to transmit data to
unauthorized persons or entities; or
4. Otherwise determined by the Department of Public Safety to
present no threat to the security of this state.
B. The list shall be updated at least every six (6) months, and
the devices and vendors on the list shall be preferred over other
devices and vendors in state and local procurement actions.
C. In creating and maintaining the list , the Office of Homeland
Security shall consult with recognized cybersecurity experts from
the private and public sector to ensure the integrity and security
of all data collected by drones and unmanned aerial systems used in
this state.
D. The list shall be a public document. Any documents related
to the assessment process of drones and unmanned aerial systems on
the list shall be required to remain confidential.
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SECTION 4. 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), i s 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 du ring regular business hours; provided:
1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30
et seq. of this title, does not apply to records specifically
required by law to be kept confidential including:
a. records protected by a state evident iary 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 Oklaho ma Statutes that may be
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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 materials or
study guides,
f. last names, addresses, Social Security numbers , or tax
identification numbers, and proof of identification
submitted to the Oklahoma Lo ttery Commission by
persons claiming a lottery prize,
g. unless public disclos ure is required by other laws or
regulations, vehicle movement records of the Oklahoma
Transportation Authority obtained in connection with
the Authority’s electronic toll collec tion 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 cont ract with a
public body,
i. any digital audio/video recordings of the toll
collection and safeguarding activities of the Oklahoma
Transportation Authority,
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j. any personal information provided by a guest at any
facility owned or operated by the Oklahoma To urism 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 a ny 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,
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 stat e or a political
subdivision to obtain licensure under the laws of this
state or a political subdivision that contains an
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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 licensur e 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 o f 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, mater ials, 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
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Act, the Pharmacy Audit Integrity Act, or Sections 357
through 360 of Title 59 of the Oklahoma Statutes , or
p. any documents related to the assessment process of
drones and unmanned aerial systems, pursuant to
Section 3 of this act ;
2. All Social Security numbers included in a record may be
confidential regardles s 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 segregabl e 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, fro m 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 crimi nal 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
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individual record is otherwise 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,
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 purposes 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 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.
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Any public body establishing fees under this act shall post a
written schedule of th e 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 limit ed 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 us ed 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 kept 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;
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 reasona ble 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 solely to the time required for
preparing the requested documents and the avoidance of excessive
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disruptions of the public body ’s essential 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 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
available at all times to release records during the regular
business hours of the public body.
SECTION 5. This act shall become effective November 1, 2025.
60-1-66 MSBB 1/10/2025 11:33:41 AM