1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3779 By: Duel
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Open Records Act;
7 amending 51 O.S. 2021, Sections 24A.2, 24A.3, as last
8 amended by Section 11, Chapter 271, O.S.L. 2023,
8 24A.5, as amended by Section 5, Chapter 332, O.S.L.
9 2023, and 24A.17, (51 O.S. Supp. 2023, Sections 24A.3
9 and 24A.5), which relate to public records;
10 clarifying the role of Open Records Act in discovery
10 processes; reducing the list of things defined as
11 non-records; increasing the types of confidential
11 records; proscribing a deadline to notify of intent
12 to file suit for denied record access; and providing
12 an effective date.
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.2, is
16
17 amended to read as follows:
17
18 Section 24A.2 As the Oklahoma Constitution recognizes and
18
19 guarantees, all political power is inherent in the people. Thus, it
19
20 is the public policy of the State of Oklahoma that the people are
20
21 vested with the inherent right to know and be fully informed about
21
22 their government. The Oklahoma Open Records Act shall not create,
22
23 directly or indirectly, any rights of privacy or any remedies for
23
24 violation of any rights of privacy; nor shall the Oklahoma Open
24
Req. No. 8708 Page 1
 1 Records Act, except as specifically set forth in the Oklahoma Open
1
2 Records Act, establish any procedures for protecting any person from
2
3 release of information contained in public records. The purpose of
3
4 this act is to ensure and facilitate the public's right of access to
4
5 and review of government records so they may efficiently and
5
6 intelligently exercise their inherent political power. The privacy
6
7 interests of individuals are adequately protected in the specific
7
8 exceptions to the Oklahoma Open Records Act or in the statutes which
8
9 authorize, create or require the records. Except where specific
9
10 state or federal statutes create a confidential privilege, persons
10
11 who submit information to public bodies have no right to keep this
11
12 information from public access nor reasonable expectation that this
12
13 information will be kept from public access; provided, the person,
13
14 agency or political subdivision shall at all times bear the burden
14
15 of establishing such records are protected by such a confidential
15
16 privilege. Except as may be required by other statutes, public
16
17 bodies do not need to follow any procedures for providing access to
17
18 public records except those specifically required by the Oklahoma
18
19 Open Records Act. The Oklahoma Open Records Act shall not be used
19
20 as a substitute for discovery in any civil, criminal, or
20
21 administrative action.
21
22 SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.3, as
22
23 last amended by Section 11, Chapter 271, O.S.L. 2023 (51 O.S. Supp.
23
24 2023, Section 24A.3), is amended to read as follows:
24
Req. No. 8708 Page 2
 1 Section 24A.3 As used in the Oklahoma Open Records Act:
1
2 1. "Record" means all documents including, but not limited to,
2
3 any book, paper, photograph, microfilm, data files created by or
3
4 used with computer software, computer tape, disk, record, sound
4
5 recording, film recording, video record or other material regardless
5
6 of physical form or characteristic, created by, received by, under
6
7 the authority of, or coming into the custody, control or possession
7
8 of public officials, public bodies or their representatives in
8
9 connection with the transaction of public business, the expenditure
9
10 of public funds or the administering of public property. Record
10
11 does not mean:
11
12 a. computer software, or
12
13 b. nongovernment personal effects,;
13
14 c. unless public disclosure is required by other laws or
14
15 regulations, vehicle movement records of the Oklahoma
15
16 Transportation Authority obtained in connection with
16
17 the Authority's electronic toll collection system,
17
18 d. personal financial information, credit reports or
18
19 other financial data obtained by or submitted to a
19
20 public body for the purpose of evaluating credit
20
21 worthiness, obtaining a license, permit or for the
21
22 purpose of becoming qualified to contract with a
22
23 public body,
23
24
24
Req. No. 8708 Page 3
 1 e. any digital audio/video recordings of the toll
1
2 collection and safeguarding activities of the Oklahoma
2
3 Transportation Authority,
3
4 f. any personal information provided by a guest at any
4
5 facility owned or operated by the Oklahoma Tourism and
5
6 Recreation Department to obtain any service at the
6
7 facility or by a purchaser of a product sold by or
7
8 through the Oklahoma Tourism and Recreation
8
9 Department,
9
10 g. a Department of Defense Form 214 (DD Form 214) filed
10
11 with a county clerk including any DD Form 214 filed
11
12 before July 1, 2002,
12
13 h. except as provided for in Section 2-110 of Title 47 of
13
14 the Oklahoma Statutes:
14
15 (1) any record in connection with a Motor Vehicle
15
16 Report issued by the Department of Public Safety,
16
17 as prescribed in Section 6-117 of Title 47 of the
17
18 Oklahoma Statutes, or
18
19 (2) personal information within driver records, as
19
20 defined by the Driver's Privacy Protection Act,
20
21 18 United States Code, Sections 2721 through
21
22 2725, which are stored and maintained by the
22
23 Department of Public Safety,
23
24
24
Req. No. 8708 Page 4
 1 i. any portion of any document or information provided to
1
2 an agency or entity of the state or a political
2
3 subdivision to obtain licensure under the laws of this
3
4 state or a political subdivision that contains an
4
5 applicant's personal address, personal phone number,
5
6 personal electronic mail address or other contact
6
7 information. Provided, however, lists of persons
7
8 licensed, the existence of a license of a person, or a
8
9 business or commercial address, or other business or
9
10 commercial information disclosable under state law
10
11 submitted with an application for licensure shall be
11
12 public record, or
12
13 j. an investigative file obtained during an investigation
13
14 conducted by the State Department of Health under this
14
15 act;
15
16 2. "Public body" shall include, but not be limited to, any
16
17 office, department, board, bureau, commission, agency, trusteeship,
17
18 authority, council, committee, trust or any entity created by a
18
19 trust, county, city, village, town, township, district, school
19
20 district, fair board, court, executive office, advisory group, task
20
21 force, study group or any subdivision thereof, supported in whole or
21
22 in part by public funds or entrusted with the expenditure of public
22
23 funds or administering or operating public property, and all
23
24 committees, or subcommittees thereof. Except for the records
24
Req. No. 8708 Page 5
 1 required by Section 24A.4 of this title, public body does not mean
1
2 judges, justices, the Council on Judicial Complaints, the
2
3 Legislature or legislators. Public body shall not include an
3
4 organization that is exempt from federal income tax under Section
4
5 501(c)(3) of the Internal Revenue Code of 1986, as amended, and
5
6 whose sole beneficiary is a college or university, or an affiliated
6
7 entity of the college or university, that is a member of The
7
8 Oklahoma State System of Higher Education. Such organization shall
8
9 not receive direct appropriations from the Oklahoma Legislature.
9
10 The following persons shall not be eligible to serve as a voting
10
11 member of the governing board of the organization:
11
12 a. a member, officer, or employee of the Oklahoma State
12
13 Regents for Higher Education,
13
14 b. a member of the board of regents or other governing
14
15 board of the college or university that is the sole
15
16 beneficiary of the organization, or
16
17 c. an officer or employee of the college or university
17
18 that is the sole beneficiary of the organization;
18
19 3. "Public office" means the physical location where public
19
20 bodies conduct business or keep records;
20
21 4. "Public official" means any official or employee of any
21
22 public body as defined herein; and
22
23 5. "Law enforcement agency" means any public body charged with
23
24 enforcing state or local criminal laws and initiating criminal
24
Req. No. 8708 Page 6
 1 prosecutions including, but not limited to, police departments,
1
2 county sheriffs, the Department of Public Safety, the Oklahoma State
2
3 Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
3
4 Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
4
5 of Investigation.
5
6 SECTION 3. AMENDATORY 51 O.S. 2021, Section 24A.5, as
6
7 amended by Section 5, Chapter 332, O.S.L. 2023 (51 O.S. Supp. 2023,
7
8 Section 24A.5), is amended to read as follows:
8
9 Section 24A.5 All records of public bodies and public officials
9
10 shall be open to any person for inspection, copying, or mechanical
10
11 reproduction during regular business hours; provided:
11
12 1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30
12
13 of this title, does not apply to records specifically required by
13
14 law to be kept confidential including:
14
15 a. records protected by a state evidentiary privilege
15
16 such as the attorney-client privilege, the work
16
17 product immunity from discovery and the identity of
17
18 informer privileges,
18
19 b. records of what transpired during meetings of a public
19
20 body lawfully closed to the public such as executive
20
21 sessions authorized under the Oklahoma Open Meeting
21
22 Act,
22
23
23
24
24
Req. No. 8708 Page 7
 1 c. personal information within driver records as defined
1
2 by the Driver's Privacy Protection Act, 18 United
2
3 States Code, Sections 2721 through 2725,
3
4 d. information in the files of the Board of Medicolegal
4
5 Investigations obtained pursuant to Sections 940 and
5
6 941 of Title 63 of the Oklahoma Statutes that may be
6
7 hearsay, preliminary unsubstantiated investigation-
7
8 related findings, or confidential medical information,
8
9 e. any test forms, question banks and answer keys
9
10 developed for state licensure examinations, but
10
11 specifically excluding test preparation materials or
11
12 study guides, or
12
13 f. last names, addresses, social security numbers or tax
13
14 identification numbers, and proof of identification
14
15 submitted to the Oklahoma Lottery Commission by
15
16 persons claiming a lottery prize;
16
17 g. unless public disclosure is required by other laws or
17
18 regulations, vehicle movement records of the Oklahoma
18
19 Transportation Authority obtained in connection with
19
20 the Authority's electronic toll collection system,
20
21 h. personal financial information, credit reports, or
21
22 other financial data obtained by or submitted to a
22
23 public body for the purpose of evaluating credit
23
24 worthiness, obtaining a license, permit, or for the
24
Req. No. 8708 Page 8
 1 purpose of becoming qualified to contract with a
1
2 public body,
2
3 i. any digital audio/video recordings of the toll
3
4 collection and safeguarding activities of the Oklahoma
4
5 Transportation Authority,
5
6 j. any personal information provided by a guest at any
6
7 facility owned or operated by the Oklahoma Tourism and
7
8 Recreation Department to obtain any service at the
8
9 facility or by a purchaser of a product sold by or
9
10 through the Oklahoma Tourism and Recreation
10
11 Department,
11
12 k. a Department of Defense Form 214 (DD Form 214) filed
12
13 with a county clerk including any DD Form 214 filed
13
14 before July 1, 2002,
14
15 l. except as provided for in Section 2-110 of Title 47 of
15
16 the Oklahoma Statutes:
16
17 (1) any record in connection with a Motor Vehicle Report
17
18 issued by the Department of Public Safety, as
18
19 prescribed in Section 6-117 of Title 47 of the
19
20 Oklahoma Statutes, or
20
21 (2) personal information within driver records, as defined
21
22 by the Driver's Privacy Protection Act, 18 United
22
23 States Code, Sections 2721 through 2725, which are
23
24
24
Req. No. 8708 Page 9
 1 stored and maintained by the Department of Public
1
2 Safety,
2
3 m. any portion of any document or information provided to
3
4 an agency or entity of the state or a political
4
5 subdivision to obtain licensure under the laws of this
5
6 state or a political subdivision that contains an
6
7 applicant's personal address, personal phone number,
7
8 personal electronic mail address, any government-
8
9 issued identification numbers, or other contact
9
10 information; provided, however, lists of persons
10
11 licensed, the existence of a license of a person, or a
11
12 business or commercial address, or other business or
12
13 commercial information disclosable under state law
13
14 submitted with an application for licensure shall be
14
15 public record, unless the business or commercial
15
16 address is the same as the applicant's personal
16
17 address, except when the applicant permits in writing
17
18 the disclosure of the address, or
18
19 n. an investigative file obtained during an investigation
19
20 conducted by the State Department of Health into
20
21 violations of the Long-Term Care Administrator Act
21
22 under title 63 of the Oklahoma Statutes;
22
23 2.