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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 622 By: Howard
AS INTRODUCED
An Act relating to open records; creating the Public
Access Counselor Unit within the Office of the
Attorney General; allowing certain pe rsons to file
review of denial of open records requests with the
Public Access Counselor; providing instructions for
filing; prohibiting filings made for a commercial
purpose; establishing procedures for review of
requests; directing Public Access Counselo r to notify
public body; requiring certain furnishing of records;
permitting subpoena by the Attorney General;
prohibiting disclosure of certain protected
information; allowing public body chance to respond
to request; directing for binding opinion to be m ade
within time frame; permitting Attorney General to
choose other means for resolving review requests;
permitting parties to file in district court;
directing for notification of certain proceedings;
permitting the Attorney General to issue advisory
opinions to public bodies regarding compliance;
exempting certain failures to compl y made under good
faith; amending 74 O.S. 2021, Section 18b, as last
amended by Section 170, Chapter 452, O.S.L. 2024 (74
O.S. Supp. 2024, Section 18b), which relates to
duties of Attorney General; requiring Attorney
General to investigate and prosecute certain actions;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24A.41 of Title 51, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby established in the Office of the Attorney
General the Public Access Cou nselor Unit.
B. A person whose request to inspect or copy a public record is
denied by a public body, except the Legislature and committees,
commissions, and agencies thereof, may file a request for review
with the Public Access Counselor not later than t hirty (30) calendar
days after the date of the denial. The request for review shall be
in writing on a form prescribed by the Attorney General and signed
by the requester, and shall include:
1. A copy of the request for access to records; and
2. Any responses from the public body.
C. A person whose request to inspect or copy a public record
was treated by the public body as a request for a commercial purpose
may file a request for review with the Public Access Counselor for
the limited purpose of review ing whether the public body properly
determined that the request was made for a commercial purpose.
D. A person whose request to inspect or copy a public record
has not been returned in a prompt or reasonable manner may file a
request for review with the Public Access Counselor.
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E. No person whose request to inspect or copy a public record
is made for a commercial purpose may file a request for review with
the Public Access Counselor.
F. Upon receipt of a request for review, the Public Access
Counselor shall determine whether further action is warranted. If
the Public Access Coun selor determines that the alleged violation is
unfounded, they shall advise the requester and the public body , and
no further action shall be undertaken. In all other cases, the
Public Access Counselor shall forward a copy of the request for
review to the public body within seven (7) business days after
receipt and shall specify the records or other documents that the
public body shall furnish to facilitate the review. Within se ven
(7) business days after receipt of the request for review, the
public body shall fully cooperate and provide a written response to
the Public Access Counselor. To the extent that records or
documents produced by a public body contain information claim ed to
be confidential or exempt from disclosure under the Oklahoma Open
Records Act, the Public Access Counselor shall not further disclose
that information.
G. 1. The Attorney General shall examine the request and
response and shall issue to the public body or public official, or
both, an advisement in response to the request for review within
sixty (60) calendar days after its receipt. Additionally, the
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Attorney General shall notify the requester when the office has
completed its review.
2. Upon receipt of an advisement, the public body shall either
take necessary action promptly and reasonably to comply with the
Oklahoma Open Records Act or shall respond to the requester. If the
advisement concludes that no additional response is required, the
requester may file suit in the proper district court against the
public body of which the request was made.
3. A public body that discloses records in accordance with
advice of the Attorney General is immune from all liabilities by
reason thereof and shall not be liable for penalties under this act.
H. If the requester files suit under Section 24A.17 of Title 51
of the Oklahoma Statutes with respect to the same denial that is the
subject of a pending request for review, the requester shall notify
the Public Access Counselor, and the Public Access Counselor shall
take no further action wi th respect to the request for review and
shall so notify the public body.
I. The Attorney General may issue advisory opinions to advise
public bodies regarding compliance with t his act. A review may be
initiated upon receipt of a written request from the head of the
public body or its attorney, which shall contain sufficient ,
accurate facts from which a determination can be made. The Public
Access Counselor may request addition al information from the public
body in order to assist in the review. A publi c body that relies in
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good faith on the advice of the Attorney General in responding to a
request is not liable for penalties under this act if the facts upon
which the advice is based have been fully and fairly disclosed to
the Public Access Counselor.
J. If the Public Access Counselor finds that a person
requesting review of an agency ’s action pursuant to subsection B, C,
or D of this section has submitted multiple frivolous re quests, the
Public Access Counselor may deny future requests for review.
K. Notwithstanding any other provisions of law, the Attorney
General shall not be required to produce pursuant to Section 24A.5
of Title 51 of the Oklahoma Statutes, the following:
1. Any records provided under this section to the Office of the
Attorney General by another public body;
2. Any correspondence between the Office of the Attorney
General and the public body related to advice under this section; or
3. Any work papers or p roduct of the Office of the Attorney
General in carrying out the duties requir ed by this section.
L. Nothing in this section shall be construed to limit the
Attorney General from enforcing or taking action regarding the
Oklahoma Open Records Act.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 18b, as last
amended by Section 170, Chapter 452, O.S.L. 2024 (74 O.S. Supp.
2024, Section 18b), is amended to read as follows:
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Section 18b. A. The duties of the Attorney General as the
chief law officer of the state shall be:
1. To appear for the state and prosecute a nd defend all actions
and proceedings, civil or criminal, in the Supreme Court and Court
of Criminal Appeals in which the state is interested as a party;
2. To appear for the st ate and prosecute and defend all actions
and proceedings in any of the federal courts in which the state is
interested as a party;
3. To initiate or appear in any action in which the interests
of the state or the people of the state are at issue, or to ap pear
at the request of the Governor, the Legislature, or either branch
thereof, and prosecute and defend in any court or before any
commission, board or officers any cause or proceeding, civil or
criminal, in which the state may be a party or interested; a nd when
so appearing in any such cause or proceeding, the Attorney General
may, if the Attorney General deems it advisable and to the best
interest of the state, take and assume control of the prosecution or
defense of the state ’s interest therein;
4. To consult with and advise district attorneys, when
requested by them, in all mat ters pertaining to the duties of their
offices, when the district attorneys shall furnish the Attorney
General with a written opinion supported by citation of authorities
upon the matter submitted;
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5. To give an opinion in writing upon all questions of law
submitted to the Attorney General by the Legislature or either
branch thereof, or by any state officer, board, commission or
department, provided, that the Attorney General sha ll not furnish
opinions to any but district attorneys, the Legislature or eith er
branch thereof, or any other state official, board, commission or
department, and to them only upon matters in which they are
officially interested;
6. At the request of the Governor, State Auditor and Inspector,
State Treasurer, or either branch of the Legislature, to prosecute
any official bond or any contract in which the state is interested,
upon a breach thereof, and to prosecute or defend for the state all
actions, civil or criminal, relating to any matter connected with
either of their Department s;
7. Whenever requested by any state officer, board or
commission, to prepare proper drafts for contracts, forms and other
writing which may be wanted for the use of the state;
8. To prepare drafts of bills and resolutions for individual
members of the Legislature upon their written request stating the
gist of the bill or resolution desired;
9. To enforce the proper application of monies appropriated by
the Legislature and to prosecute breaches of trust in the
administration of such funds;
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10. To institute actions to recover state monies illegally
expended, to recover state property and to prevent the illegal use
of any state property, upon the request of the Governor or the
Legislature;
11. To pay into the State Treasury, immediately upon its
receipt, all monies received by the Attorney General belonging to
the state;
12. To settle, compromise and dispose of an action in which the
Attorney General represents the interests of the state, so long as
the consideration negotiated for such settlement, compr omise or
disposition is payable to the state or one of its agencies which is
a named party of the action and any monies, any property or other
item of value is paid first to the State Treasury;
13. To keep and file copies of all opinions, contracts, forms
and letters of the office, and to keep an index of all opinions,
contracts and forms according to subject and section of the law
construed or applied;
14. To keep a register or docket of all actions, demands and
investigations prosecuted, defended or con ducted by the Attorney
General in behalf of the state. The register or docket shall give
the style of the case or investigation, where pending, court number,
office number, the gist of the matter, result and the names of the
assistants who handled the matter;
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15. To keep a complete office file of all cases and
investigations handled by the Attorney General on behalf of the
state;
16. To report to the Legislature or either branc h thereof
whenever requested upon any business relating to the duties of the
Attorney General’s office;
17. To institute civil actions against members of any state
board or commission for failure of such members to perform their
duties as prescribed by th e statutes and the Constitution and to
prosecute members of any state board or commission for violation of
the criminal laws of this state where such violations have occurred
in connection with the performance of such members ’ official duties;
18. To respond to any request for an opinion of the Attorney
General’s office, submitted by a member of the Legislature,
regardless of subject matter, by written opinion determinative of
the law regarding such subject matter;
19. To convene multicounty grand juries in such manner and for
such purposes as provided by law; provided, such grand juries are
composed of citizens from each of the counties on a pro rata basis
by county;
20. To investigate any report by the State Auditor and
Inspector filed with the Attorney General pursuant to Section 223 of
this title and prosecute all actions, civi l or criminal, relating to
such reports or any irregularities or derelictions in the management
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of public funds or property which are violations of the laws of this
state;
21. To represent and protect the collective interests of all
utility consumers of this state in rate -related proceedings before
the Corporation Commission or in any other state or federal judicial
or administrative proceeding;
22. To represent and protect the collective interests of
insurance consumers of this state in rate -related proceedings before
the Insurance Commissioner or in any other state or federal judicial
or administrative proceeding;
23. To investigate and prosecute any criminal action relating
to insurance fraud, if in the opinion of the Attorney General a
criminal prosecution is warranted, or to refer such matters to the
appropriate district attorney;
24. To monitor and evaluate any action by the federal
government including, but not limited to , executive orders by the
President of the United States, rules or regulations promulgated by
an agency of the federal government or acts of Congress to determine
if such actions are in violation of the Tenth Amendment to the
Constitution of the United Sta tes;
25. To cross-deputize police officers of the police department
of any municipality or any officer deputized by the county sheriff
or a designee subject to an interlocal governmental agreement with
the Attorney General ’s Office in an effort to combine city, county,
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and state law enforcement efforts and to encourage cooperation
between city, county, and state law enforcement officials.
Liability for the conduct of any municipal police officer cross -
deputized under the terms and conditions of an interlo cal
governmental agreement or any officer deputized by the county
sheriff under the terms and conditions of an interlocal governmental
agreement shall remain the responsibility of the respective employer
for that officer; and
26. To maintain data related to human trafficking and to assist
law enforcement, social service agencies, a nd victim services
programs in identifying and supporting victims of human trafficking ;
and
27. To investigate and prosecute any civil or criminal action
relating to violations of the Oklahoma Open Records Act, Section
24A.1 et seq. of Title 51 of the Oklahoma Statutes, or the Oklahoma
Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma
Statutes, if the Attorney General determines that a civil or
criminal prosecution is warranted or to defer such matters to a
district attorney.
B. Nothing in this section shall be construed as requiring the
Attorney General to appear and defend or prosecute in any court any
cause or proceeding for or on behalf of the Oklahoma Tax Com mission,
the Board of Managers of the State Insurance Fund, or the
Commissioners of the Land Office.
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C. In all appeals from the Corporation Commission to the
Supreme Court of Oklahoma in which the state is a party, the
Attorney General shall have the righ t to designate counsel of the
Corporation Commission as the Attorney General ’s legally appointed
representative in such appeals, and it shall be the duty of the
Corporation Commission counsel to act when so designated and to
consult and advise with the Att orney General regarding such appeals
prior to taking action therein.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approva l.
60-1-902 TEK 1/14/2025 11:38:09 AM