OKLAHOMA OPEN RECORDS ACT

2022 Okla. Sess. Law Serv. Ch. 402 (S.B. 1733) (WEST)

2022 Okla. Sess. Law Serv. Ch. 402 (S.B. 1733) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
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CHAPTER 402
S.B. No. 1733
OKLAHOMA OPEN RECORDS ACT
An Act relating to the Oklahoma Open Records Act; amending 51 O.S. 2021, Section 24A.3, which relates to definitions; modifying definitions; and providing an effective date.
SUBJECT: Oklahoma Open Records Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 51 § 24A.3 >>
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.3, is amended to read as follows:
Section 24A.3. As used in the Oklahoma Open Records Act:
1. “Record” means all documents including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property. “Record” does not mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is required by other laws or regulations, vehicle movement records of the Oklahoma Transportation Authority obtained in connection with the Authority's electronic toll collection system,
d. personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, obtaining a license, permit or for the purpose of becoming qualified to contract with a public body,
e. any digital audio/video recordings of the toll collection and safeguarding activities of the Oklahoma Transportation Authority,
f. any personal information provided by a guest at any facility owned or operated by the Oklahoma Tourism and Recreation Department or the Board of Trustees of the Quartz Mountain Arts and Conference Center and Nature Park to obtain any service at the facility or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Department or the Quartz Mountain Arts and Conference Center and Nature Park,
g. a Department of Defense Form 214 (DD Form 214) filed with a county clerk including any DD Form 214 filed before July 1, 2002,
h. except as provided for in Section 2–110 of Title 47 of the Oklahoma Statutes,
(1) any record in connection with a Motor Vehicle Report issued by the Department of Public Safety, as prescribed in Section 6–117 of Title 47 of the Oklahoma Statutes, or
(2) personal information within driver records, as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, which are stored and maintained by the Department of Public Safety, or
i. any portion of any document or information provided to an agency or entity of the state or a political subdivision to obtain licensure under the laws of this state or a political subdivision that contains an applicant's personal address, personal phone number, personal electronic mail address or other contact information. Provided, however, lists of persons licensed, the existence of a license of a person, or a business or commercial address, or other business or commercial information disclosable under state law submitted with an application for licensure shall be public record;
2. “Public body” shall include, but not be limited to, any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or any entity created by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof. Except for the records required by Section 24A.4 of this title, “public body” does not mean judges, justices, the Council on Judicial Complaints, the Legislature or legislators. “Public body” shall not include an organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and whose sole beneficiary is a college or university, or an affiliated entity of the college or university, that is a member of The Oklahoma State System of Higher Education. Such organization shall not receive direct appropriations from the Oklahoma Legislature. The following persons shall not be eligible to serve as a voting member of the governing board of the organization:
a. a member, officer, or employee of the Oklahoma State Regents for Higher Education,
b. a member of the board of regents or other governing board of the college or university that is the sole beneficiary of the organization, or
c. an officer or employee of the college or university that is the sole beneficiary of the organization;
3. “Public office” means the physical location where public bodies conduct business or keep records;
4. “Public official” means any official or employee of any public body as defined herein; and
5. “Law enforcement agency” means any public body charged with enforcing state or local criminal laws and initiating criminal prosecutions including, but not limited to, police departments, county sheriffs, the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, and the Oklahoma State Bureau of Investigation.
SECTION 2. This act shall become effective November 1, 2022.
Approved May 26, 2022.
End of Document