1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1574 By: Floyd
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Open Records Act;
7 amending 51 O.S. 2021, Section 24A.3, as last amended
8 by Section 11, Chapter 271, O.S.L. 2023 (51 O.S.
8 Supp. 2023, Section 24A.3), which relates to
9 definitions; modifying definition; updating statutory
9 reference; updating statutory language; and providing
10 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.3, as
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14 last amended by Section 11, Chapter 271, O.S.L. 2023 (51 O.S. Supp.
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15 2023, Section 24A.3), is amended to read as follows:
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16 Section 24A.3. As used in the Oklahoma Open Records Act:
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17 1. “Record” means all documents including, but not limited to,
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18 any book, paper, photograph, microfilm, data files created by or
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19 used with computer software, computer tape, disk, record, sound
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20 recording, film recording, video record or other material regardless
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21 of physical form or characteristic, created by, received by, under
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22 the authority of, or coming into the custody, control or possession
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23 of public officials, public bodies or their representatives in
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24 connection with the transaction of public business, the expenditure
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 1 of public funds or the administering of public property. Record
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2 does not mean:
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3 a. computer software,
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4 b. nongovernment personal effects,
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5 c. unless public disclosure is required by other laws or
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6 regulations, vehicle movement records of the Oklahoma
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7 Transportation Authority obtained in connection with
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8 the Authority’s electronic toll collection system,
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9 d. personal financial information, credit reports or
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10 other financial data obtained by or submitted to a
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11 public body for the purpose of evaluating credit
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12 worthiness, obtaining a license, permit or for the
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13 purpose of becoming qualified to contract with a
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14 public body,
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15 e. any digital audio/video recordings of the toll
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16 collection and safeguarding activities of the Oklahoma
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17 Transportation Authority,
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18 f. any personal information provided by a guest at any
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19 facility owned or operated by the Oklahoma Tourism and
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20 Recreation Department to obtain any service at the
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21 facility or by a purchaser of a product sold by or
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22 through the Oklahoma Tourism and Recreation
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23 Department,
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 1 g. a Department of Defense Form 214 (DD Form 214) filed
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2 with a county clerk including any DD Form 214 filed
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3 before July 1, 2002,
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4 h. except as provided for in Section 2-110 of Title 47 of
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5 the Oklahoma Statutes:
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6 (1) any record in connection with a Motor Vehicle
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7 Report issued by the Department of Public Safety,
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8 Service Oklahoma as prescribed in Section 6-117
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9 of Title 47 of the Oklahoma Statutes, or
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10 (2) personal information within driver records, as
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11 defined by the Driver’s Privacy Protection Act,
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12 Title 18 of the United States Code, Sections 2721
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13 through 2725, which are stored and maintained by
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14 the Department of Public Safety Service Oklahoma,
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15 i. (1) any portion of any document or information
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16 provided to an agency or entity of the state or a
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17 political subdivision to obtain licensure under
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18 the laws of this state or a political subdivision
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19 that contains an applicant’s personal address,
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20 personal phone number, personal electronic mail
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21 address or other contact information. Provided,
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22 however, lists of persons licensed, the existence
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23 of a license of a person, or a business or
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24 commercial address, or other business or
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 1 commercial information disclosable under state
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2 law submitted with an application for licensure
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3 shall be public record,
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4 (2) division (1) of this subparagraph shall not apply
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5 to applications and other documents related to
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6 licensure matters that are filed of record in a
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7 district court including but not limited to
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8 marriage licenses, process server licenses,
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9 closing out sale licenses, transient merchant
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10 licenses, pool hall licenses, and bail bondsmen
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11 registration, or
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12 j. an investigative file obtained during an investigation
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13 conducted by the State Department of Health under this
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14 act the Long-Term Care Administrator Licensing Act;
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15 2. “Public body” shall include, but not be limited to, any
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16 office, department, board, bureau, commission, agency, trusteeship,
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17 authority, council, committee, trust or any entity created by a
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18 trust, county, city, village, town, township, district, school
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19 district, fair board, court, executive office, advisory group, task
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20 force, study group or any subdivision thereof, supported in whole or
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21 in part by public funds or entrusted with the expenditure of public
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22 funds or administering or operating public property, and all
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23 committees, or subcommittees thereof. Except for the records
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24 required by Section 24A.4 of this title, public body does not mean
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 1 judges, justices, the Council on Judicial Complaints, the
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2 Legislature or legislators. Public body shall not include an
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3 organization that is exempt from federal income tax under Section
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4 501(c)(3) of the Internal Revenue Code of 1986, as amended, and
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5 whose sole beneficiary is a college or university, or an affiliated
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6 entity of the college or university, that is a member of The
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7 Oklahoma State System of Higher Education. Such organization shall
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8 not receive direct appropriations from the Oklahoma Legislature.
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9 The following persons shall not be eligible to serve as a voting
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10 member of the governing board of the organization:
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11 a. a member, officer, or employee of the Oklahoma State
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12 Regents for Higher Education,
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13 b. a member of the board of regents or other governing
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14 board of the college or university that is the sole
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15 beneficiary of the organization, or
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16 c. an officer or employee of the college or university
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17 that is the sole beneficiary of the organization;
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18 3. “Public office” means the physical location where public
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19 bodies conduct business or keep records;
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20 4. “Public official” means any official or employee of any
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21 public body as defined herein; and
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22 5. “Law enforcement agency” means any public body charged with
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23 enforcing state or local criminal laws and initiating criminal
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24 prosecutions including, but not limited to, police departments,
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 1 county sheriffs, the Department of Public Safety, the Oklahoma State
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2 Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
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3 Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
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4 of Investigation.
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5 SECTION 2. This act shall become effective November 1, 2024.
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7 59-2-3258 TEK 1/5/2024 4:08:39 PM
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Statutes affected:
Introduced: 51-24A.3
Floor (House): 51-24A.3
Floor (Senate): 51-24A.3
Engrossed: 51-24A.3
Amended And Engrossed: 51-24A.3