Bill Text For SB0089 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 89                       By: Kirt                          |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to the Oklahoma Open Records Act;               |
  |       amending 51 O.S. 2021, Section 24A.5, which relates             |
 8|       to inspection and copying of records; requiring                 |
  |       certain written notice when records request cannot be           |
 9|       completed within a specified time; and providing an             |
  |       effective date.                                                 |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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13|    SECTION 1.     AMENDATORY     51 O.S. 2021, Section 24A.5, is      |
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14|amended to read as follows:                                            |
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15|    Section 24A.5.  All records of public bodies and public            |
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16|officials shall be open to any person for inspection, copying, or      |
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17|mechanical reproduction during regular business hours; provided:       |
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18|    1.  The Oklahoma Open Records Act, Sections 24A.1 through 24A.30   |
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19|24A.33 of this title, does not apply to records specifically           |
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20|required by law to be kept confidential including:                     |
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21|         a.   records protected by a state evidentiary privilege       |
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22|              such as the attorney-client privilege, the work          |
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23|              product immunity from discovery and the identity of      |
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24|              informer privileges,                                     |
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   Req. No. 1381                                                   Page 1
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 1|         b.   records of what transpired during meetings of a public   |
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 2|              body lawfully closed to the public such as executive     |
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 3|              sessions authorized under the Oklahoma Open Meeting      |
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 4|              Act,                                                     |
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 5|         c.   personal information within driver records as defined    |
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 6|              by the Driver's Privacy Protection Act, 18 United        |
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 7|              States Code, Sections 2721 through 2725,                 |
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 8|         d.   information in the files of the Board of Medicolegal     |
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 9|              Investigations obtained pursuant to Sections 940 and     |
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10|              941 of Title 63 of the Oklahoma Statutes that may be     |
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11|              hearsay, preliminary unsubstantiated                     |
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12|              investigation-related findings, or confidential          |
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13|              medical information, or                                  |
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14|         e.   any test forms, question banks and answer keys           |
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15|              developed for state licensure examinations, but          |
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16|              specifically excluding test preparation materials or     |
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17|              study guides;                                            |
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18|    2.  All Social Security numbers included in a record may be        |
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19|confidential regardless of the person's status as a public employee    |
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20|or private individual and may be redacted or deleted prior to          |
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21|release of the record by the public body;                              |
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22|    3.  Any reasonably segregable portion of a record containing       |
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23|exempt material shall be provided after deletion of the exempt         |
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24|portions; provided however, the Department of Public Safety shall      |
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   Req. No. 1381                                                   Page 2
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 1|not be required to assemble for the requesting person specific         |
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 2|information, in any format, from driving records relating to any       |
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 3|person whose name and date of birth or whose driver license number     |
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 4|is not furnished by the requesting person.                             |
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 5|    The Oklahoma State Bureau of Investigation shall not be required   |
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 6|to assemble for the requesting person any criminal history records     |
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 7|relating to persons whose names, dates of birth, and other             |
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 8|identifying information required by the Oklahoma State Bureau of       |
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 9|Investigation pursuant to administrative rule are not furnished by     |
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10|the requesting person;                                                 |
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11|    4.  Any request for a record which contains individual records     |
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12|of persons, and the cost of copying, reproducing or certifying each    |
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13|individual record is otherwise prescribed by state law, the cost may   |
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14|be assessed for each individual record, or portion thereof requested   |
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15|as prescribed by state law.  Otherwise, a public body may charge a     |
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16|fee only for recovery of the reasonable, direct costs of record        |
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17|copying, or mechanical reproduction.  Notwithstanding any state or     |
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18|local provision to the contrary, in no instance shall the record       |
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19|copying fee exceed twenty-five cents ($0.25) per page for records      |
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20|having the dimensions of eight and one-half (8 1/2) by fourteen (14)   |
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21|inches or smaller, or a maximum of One Dollar ($1.00) per copied       |
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22|page for a certified copy.  However, if the request:                   |
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23|         a.   is solely for commercial purpose, or                     |
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   Req. No. 1381                                                   Page 3
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 1|         b.   would clearly cause excessive disruption of the          |
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 2|              essential functions of the public body,                  |
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 3|then the public body may charge a reasonable fee to recover the        |
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 4|direct cost of record search and copying; however, publication in a    |
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 5|newspaper or broadcast by news media for news purposes shall not       |
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 6|constitute a resale or use of a record for trade or commercial         |
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 7|purpose and charges for providing copies of electronic data to the     |
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 8|news media for a news purpose shall not exceed the direct cost of      |
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 9|making the copy.  The fee charged by the Department of Public Safety   |
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10|for a copy in a computerized format of a record of the Department      |
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11|shall not exceed the direct cost of making the copy unless the fee     |
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12|for the record is otherwise set by law.                                |
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13|    Any public body establishing fees under this act shall post a      |
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14|written schedule of the fees at its principal office and with the      |
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15|county clerk.                                                          |
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16|    In no case shall a search fee be charged when the release of       |
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17|records is in the public interest, including, but not limited to,      |
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18|release to the news media, scholars, authors and taxpayers seeking     |
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19|to determine whether those entrusted with the affairs of the           |
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20|government are honestly, faithfully, and competently performing        |
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21|their duties as public servants.                                       |
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22|    The fees shall not be used for the purpose of discouraging         |
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23|requests for information or as obstacles to disclosure of requested    |
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24|information;                                                           |
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   Req. No. 1381                                                   Page 4
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 1|    5.  The land description tract index of all recorded instruments   |
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 2|concerning real property required to be kept by the county clerk of    |
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 3|any county shall be available for inspection or copying in             |
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 4|accordance with the provisions of the Oklahoma Open Records Act;       |
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 5|provided, however, the index shall not be copied or mechanically       |
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 6|reproduced for the purpose of sale of the information;                 |
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 7|    6.  A public body must provide prompt, reasonable access to its    |
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 8|records but may establish reasonable procedures which protect the      |
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 9|integrity and organization of its records and to prevent excessive     |
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10|disruptions of its essential functions.  A delay in providing access   |
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11|to records shall be limited solely to the time required for            |
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12|preparing the requested documents and the avoidance of excessive       |
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13|disruptions of the public body's essential functions.  If a records    |
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14|request cannot be completed within five (5) business days of the       |
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15|request, a person designated pursuant to paragraph 7 of this section   |
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16|shall provide written notice to the requestor indicating the reason    |
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17|for the delay and specifying a date within a reasonable time when      |
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18|the information requested will be available for inspection or          |
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19|duplication.  In no event may production of a current request for      |
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20|records be unreasonably delayed until after completion of a prior      |
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21|records request that will take substantially longer than the current   |
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22|request.  Any public body which makes the requested records            |
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23|available on the Internet shall meet the obligation of providing       |
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   Req. No. 1381                                                   Page 5
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 1|prompt, reasonable access to its records as required by this           |
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 2|paragraph; and                                                         |
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 3|    7.  A public body shall designate certain persons who are          |
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 4|authorized to release records of the public body for inspection,       |
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 5|copying, or mechanical reproduction.  At least one person shall be     |
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 6|available at all times to release records during the regular           |
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 7|business hours of the public body.                                     |
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 8|    SECTION 2.  This act shall become effective November 1, 2023.      |
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10|    59-1-1381      TEK       12/30/2022 11:11:09 AM                    |
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   Req. No. 1381                                                   Page 6
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