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Oklahoma Legislature· HB 2095Placed on General Order

An act relating to the Oklahoma Open Records Act, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2095                 By: Menz

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                    AS INTRODUCED

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    An Act relating to the Oklahoma Open Records Act;

8   amending 51 O.S. 2021, Section 24A.5, as last amended

    by Section 2, Chapter 116, O.S.L. 2024 (51 O.S. Supp.

9   2024, Section 24A.5), which relates to the

    inspection, copying, and mechanical reproduction of

10  records; modifying records response procedures; and

    providing an effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  51 O.S. 2021, Section 24A.5, as

16 last amended by Section 2, Chapter 116, O.S.L. 2024 (51 O.S. Supp.

17 2024, Section 24A.5), is amended to read as follows:

18  Section 24A.5. All records of public bodies and public

19 officials shall be open to any person for inspection, copying, or

20 mechanical reproduction during regular business hours; provided:

21  1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30

22 of this title, does not apply to records specifically required by

23 law to be kept confidential including:

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    Req. No. 10813                                          Page 1
1   a. records protected by a state evidentiary privilege

2   such as the attorney-client privilege, the work

3   product immunity from discovery and the identity of

4   informer privileges,

5   b. records of what transpired during meetings of a public

6   body lawfully closed to the public such as executive

7   sessions authorized under the Oklahoma Open Meeting

8   Act,

9   c. personal information within driver records as defined

10  by the Driver's Privacy Protection Act, 18 United

11  States Code, Sections 2721 through 2725,

12  d. information in the files of the Board of Medicolegal

13  Investigations obtained pursuant to Sections 940 and

14  941 of Title 63 of the Oklahoma Statutes that may be

15  hearsay, preliminary unsubstantiated investigation-

16  related findings, or confidential medical information,

17  e. any test forms, question banks and answer keys

18  developed for state licensure examinations, but

19  specifically excluding test preparation materials or

20  study guides,

21  f. last names, addresses, Social Security numbers or tax

22  identification numbers, and proof of identification

23  submitted to the Oklahoma Lottery Commission by

24  persons claiming a lottery prize,

    Req. No. 10813                                     Page 2
1   g. unless public disclosure is required by other laws or

2   regulations, vehicle movement records of the Oklahoma

3   Transportation Authority obtained in connection with

4   the Authority's electronic toll collection system,

5   h. personal financial information, credit reports, or

6   other financial data obtained by or submitted to a

7   public body for the purpose of evaluating credit

8   worthiness, obtaining a license, permit, or for the

9   purpose of becoming qualified to contract with a

10  public body,

11  i. any digital audio/video recordings of the toll

12  collection and safeguarding activities of the Oklahoma

13  Transportation Authority,

14  j. any personal information provided by a guest at any

15  facility owned or operated by the Oklahoma Tourism and

16  Recreation Department to obtain any service at the

17  facility or by a purchaser of a product sold by or

18  through the Oklahoma Tourism and Recreation

19  Department,

20  k. a Department of Defense Form 214 (DD Form 214) filed

21  with a county clerk, including any DD Form 214 filed

22  before July 1, 2002,

23  l. except as provided for in Section 2-110 of Title 47 of

24  the Oklahoma Statutes:

    Req. No. 10813                                     Page 3
1   (1) any record in connection with a Motor Vehicle

2                   Report issued by the Department of Public Safety,

3                   as prescribed in Section 6-117 of Title 47 of the

4                   Oklahoma Statutes, or

5   (2) personal information within driver records, as

6                   defined by the Driver's Privacy Protection Act,

7                   18 U.S.C., Sections 2721 through 2725, which are

8                   stored and maintained by the Department of Public

9                   Safety,

10  m. any portion of any document or information provided to

11  an agency or entity of the state or a political

12  subdivision to obtain licensure under the laws of this

13  state or a political subdivision that contains an

14  applicant's personal address, personal phone number,

15  personal email address, any government-issued

16  identification numbers, or other contact information;

17  provided, however, lists of persons licensed, the

18  existence of a license of a person, or a business or

19  commercial address, or other business or commercial

20  information disclosable under state law submitted with

21  an application for licensure shall be public record,

22  unless the business or commercial address is the same

23  as the applicant's personal address, except when the

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    Req. No. 10813                                     Page 4
1   applicant permits in writing the disclosure of the

2   address,

3   n. an investigative file obtained during an investigation

4   conducted by the State Department of Health into

5   violations of the Long-Term Care Administrator

6   Licensing Act under Title 63 of the Oklahoma Statutes,

7   or

8   o. documents, evidence, materials, records, reports,

9   complaints, or other information in the possession or

10  control of the Attorney General or Insurance

11  Department pertaining to an evaluation, examination,

12  investigation, or review made pursuant to the

13  provisions of the Patient's Right to Pharmacy Choice

14  Act, the Pharmacy Audit Integrity Act, or Sections 357

15  through 360 of Title 59 of the Oklahoma Statutes;

16  2. All Social Security numbers included in a record may be

17 confidential regardless of the person's status as a public employee

18 or private individual and may be redacted or deleted prior to

19 release of the record by the public body;

20  3. Any reasonably segregable portion of a record containing

21 exempt material shall be provided after deletion of the exempt

22 portions; provided however, the Department of Public Safety shall

23 not be required to assemble for the requesting person specific

24 information, in any format, from driving records relating to any

    Req. No. 10813                                                 Page 5
1 person whose name and date of birth or whose driver license number

2 is not furnished by the requesting person.

3   The Oklahoma State Bureau of Investigation shall not be required

4 to assemble for the requesting person any criminal history records

5 relating to persons whose names, dates of birth, and other

6 identifying information required by the Oklahoma State Bureau of

7 Investigation pursuant to administrative rule are not furnished by

8 the requesting person;

9   4. Any request for a record which contains individual records

10 of persons, and the cost of copying, reproducing or certifying each

11 individual record is otherwise prescribed by state law, the cost may

12 be assessed for each individual record, or portion thereof requested

13 as prescribed by state law. Otherwise, a public body may charge a

14 fee only for recovery of the reasonable, direct costs of record

15 copying, or mechanical reproduction. Notwithstanding any state or

16 local provision to the contrary, in no instance shall the record

17 copying fee exceed twenty-five cents ($0.25) per page for records

18 having the dimensions of eight and one-half (8 1/2) by fourteen (14)

19 inches or smaller, or a maximum of One Dollar ($1.00) per copied

20 page for a certified copy. However, if the request:

21  a. is solely for commercial purpose, or

22  b. would clearly cause excessive disruption of the

23  essential functions of the public body,

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    Req. No. 10813                                                  Page 6
1 then the public body may charge a reasonable fee to recover the

2 direct cost of record search and copying; however, publication in a

3 newspaper or broadcast by news media for news purposes shall not

4 constitute a resale or use of a record for trade or commercial

5 purpose and charges for providing copies of electronic data to the

6 news media for a news purpose shall not exceed the direct cost of

7 making the copy. The fee charged by the Department of Public Safety

8 for a copy in a computerized format of a record of the Department

9 shall not exceed the direct cost of making the copy unless the fee

10 for the record is otherwise set by law.

11  Any public body establishing fees under this act shall post a

12 written schedule of the fees at its principal office and with the

13 county clerk.

14  In no case shall a search fee be charged when the release of

15 records is in the public interest, including, but not limited to,

16 release to the news media, scholars, authors and taxpayers seeking

17 to determine whether those entrusted with the affairs of the

18 government are honestly, faithfully, and competently performing

19 their duties as public servants.

20  The fees shall not be used for the purpose of discouraging

21 requests for information or as obstacles to disclosure of requested

22 information;

23  5. The land description tract index of all recorded instruments

24 concerning real property required to be kept by the county clerk of

    Req. No. 10813                                                  Page 7
1 any county shall be available for inspection or copying in

2 accordance with the provisions of the Oklahoma Open Records Act;

3 provided, however, the index shall not be copied or mechanically

4 reproduced for the purpose of sale of the information;

5       6. A public body must provide prompt, reasonable access to its

6 records but may establish reasonable procedures which protect the

7 integrity and organization of its records and to prevent excessive

8 disruptions of its essential functions. A delay in providing access

9 to records shall be limited solely to the time required for

10 preparing the requested documents and the avoidance of excessive

11 disruptions of the public body's essential functions. In no event

12 may production of a current request for records be unreasonably

13 delayed until after completion of a prior records request that will

14 take substantially longer than the current request. Any public body

15 which makes the requested records available on the Internet shall

16 meet the obligation of providing prompt, reasonable access to its

17 records as required by this paragraph. Public bodies shall respond

18 to a records request within thirty (30) business days of receipt;

19 and

20      7. A public body shall designate certain persons who are

21 authorized to release records of the public body for inspection,

22 copying, or mechanical reproduction. At least one person shall be

23 available at all times to release records during the regular

24 business hours of the public body.

    Req. No. 10813                                                  Page 8
1   SECTION 2. This act shall become effective November 1, 2025.

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3   60-1-10813      SW  12/13/24

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    Req. No. 10813                Page 9
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