1| SENATE FLOOR VERSION | | February 14, 2023 | 2| AS AMENDED | | | 3|SENATE BILL NO. 89 By: Kirt of the Senate | | | 4| and | | | 5| Echols of the House | | | 6| | | | 7| | | | 8| An Act relating to the Oklahoma Open Records Act; | | amending 51 O.S. 2021, Section 24A.5, which relates | 9| to inspection and copying of records; requiring | | certain written notice when records request cannot be | 10| completed within a specified time; and providing an | | effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.5, is | | | 15|amended to read as follows: | | | 16| Section 24A.5. All records of public bodies and public | | | 17|officials shall be open to any person for inspection, copying, or | | | 18|mechanical reproduction during regular business hours; provided: | | | 19| 1. The Oklahoma Open Records Act, Sections 24A.1 through24A.30| | | 20|24A.33 of this title, does not apply to records specifically | | | 21|required by law to be kept confidential including: | | | 22| a. records protected by a state evidentiary privilege | | | 23| such as the attorney-client privilege, the work | | | 24| | | | arsid8221576 SENATE FLOOR VERSION - SB89 SFLR Page 1 ___________________________________________________________________________
1| product immunity from discovery and the identity of | | | 2| informer privileges, | | | 3| b. records of what transpired during meetings of a public | | | 4| body lawfully closed to the public such as executive | | | 5| sessions authorized under the Oklahoma Open Meeting | | | 6| Act, | | | 7| c. personal information within driver records as defined | | | 8| by the Driver's Privacy Protection Act, 18 United | | | 9| States Code, Sections 2721 through 2725, | | | 10| d. information in the files of the Board of Medicolegal | | | 11| Investigations obtained pursuant to Sections 940 and | | | 12| 941 of Title 63 of the Oklahoma Statutes that may be | | | 13| hearsay, preliminary unsubstantiated | | | 14| investigation-related findings, or confidential | | | 15| medical information, or | | | 16| e. any test forms, question banks and answer keys | | | 17| developed for state licensure examinations, but | | | 18| specifically excluding test preparation materials or | | | 19| study guides; | | | 20| 2. All Social Security numbers included in a record may be | | | 21|confidential regardless of the person's status as a public employee | | | 22|or private individual and may be redacted or deleted prior to | | | 23|release of the record by the public body; | | | 24| | | | arsid8221576 SENATE FLOOR VERSION - SB89 SFLR Page 2 ___________________________________________________________________________
1| 3. Any reasonably segregable portion of a record containing | | | 2|exempt material shall be provided after deletion of the exempt | | | 3|portions; provided however, the Department of Public Safety shall | | | 4|not be required to assemble for the requesting person specific | | | 5|information, in any format, from driving records relating to any | | | 6|person whose name and date of birth or whose driver license number | | | 7|is not furnished by the requesting person. | | | 8| The Oklahoma State Bureau of Investigation shall not be required | | | 9|to assemble for the requesting person any criminal history records | | | 10|relating to persons whose names, dates of birth, and other | | | 11|identifying information required by the Oklahoma State Bureau of | | | 12|Investigation pursuant to administrative rule are not furnished by | | | 13|the requesting person; | | | 14| 4. Any request for a record which contains individual records | | | 15|of persons, and the cost of copying, reproducing or certifying each | | | 16|individual record is otherwise prescribed by state law, the cost may | | | 17|be assessed for each individual record, or portion thereof requested | | | 18|as prescribed by state law. Otherwise, a public body may charge a | | | 19|fee only for recovery of the reasonable, direct costs of record | | | 20|copying, or mechanical reproduction. Notwithstanding any state or | | | 21|local provision to the contrary, in no instance shall the record | | | 22|copying fee exceed twenty-five cents ($0.25) per page for records | | | 23|having the dimensions of eight and one-half (8 1/2) by fourteen (14) | | | 24| | | | arsid8221576 SENATE FLOOR VERSION - SB89 SFLR Page 3 ___________________________________________________________________________
1|inches or smaller, or a maximum of One Dollar ($1.00) per copied | | | 2|page for a certified copy. However, if the request: | | | 3| a. is solely for commercial purpose, or | | | 4| b. would clearly cause excessive disruption of the | | | 5| essential functions of the public body, | | | 6|then the public body may charge a reasonable fee to recover the | | | 7|direct cost of record search and copying; however, publication in a | | | 8|newspaper or broadcast by news media for news purposes shall not | | | 9|constitute a resale or use of a record for trade or commercial | | | 10|purpose and charges for providing copies of electronic data to the | | | 11|news media for a news purpose shall not exceed the direct cost of | | | 12|making the copy. The fee charged by the Department of Public Safety | | | 13|for a copy in a computerized format of a record of the Department | | | 14|shall not exceed the direct cost of making the copy unless the fee | | | 15|for the record is otherwise set by law. | | | 16| Any public body establishing fees under this act shall post a | | | 17|written schedule of the fees at its principal office and with the | | | 18|county clerk. | | | 19| In no case shall a search fee be charged when the release of | | | 20|records is in the public interest, including, but not limited to, | | | 21|release to the news media, scholars, authors and taxpayers seeking | | | 22|to determine whether those entrusted with the affairs of the | | | 23|government are honestly, faithfully, and competently performing | | | 24|their duties as public servants. | | | arsid8221576 SENATE FLOOR VERSION - SB89 SFLR Page 4 ___________________________________________________________________________
1| The fees shall not be used for the purpose of discouraging | | | 2|requests for information or as obstacles to disclosure of requested | | | 3|information; | | | 4| 5. The land description tract index of all recorded instruments | | | 5|concerning real property required to be kept by the county clerk of | | | 6|any county shall be available for inspection or copying in | | | 7|accordance with the provisions of the Oklahoma Open Records Act; | | | 8|provided, however, the index shall not be copied or mechanically | | | 9|reproduced for the purpose of sale of the information; | | | 10| 6. A public body must provide prompt, reasonable access to its | | | 11|records but may establish reasonable procedures which protect the | | | 12|integrity and organization of its records and to prevent excessive | | | 13|disruptions of its essential functions. A delay in providing access | | | 14|to records shall be limited solely to the time required for | | | 15|preparing the requested documents and the avoidance of excessive | | | 16|disruptions of the public body's essential functions. If a records | | | 17|request cannot be completed within ten (10) business days of the | | | 18|request, a person designated pursuant to paragraph 7 of this section | | | 19|shall provide written notice to the requestor indicating the reason | | | 20|for the delay and specifying a date within a reasonable time when | | | 21|the information requested will be available for inspection or | | | 22|duplication. In no event may production of a current request for | | | 23|records be unreasonably delayed until after completion of a prior | | | 24|records request that will take substantially longer than the current | | | arsid8221576 SENATE FLOOR VERSION - SB89 SFLR Page 5 ___________________________________________________________________________
1|request. Any public body which makes the requested records | | | 2|available on the Internet shall meet the obligation of providing | | | 3|prompt, reasonable access to its records as required by this | | | 4|paragraph; and | | | 5| 7. A public body shall designate certain persons who are | | | 6|authorized to release records of the public body for inspection, | | | 7|copying, or mechanical reproduction. At least one person shall be | | | 8|available at all times to release records during the regular | | | 9|business hours of the public body. | | | 10| SECTION 2. This act shall become effective November 1, 2023. | | | 11|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY | |February 14, 2023 - DO PASS AS AMENDED | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid8221576 SENATE FLOOR VERSION - SB89 SFLR Page 6