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Oklahoma Legislature· SB 488Second Reading referred to Aeronautics and Transportation

An act relating to unmanned aerial systems, the official text

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1                           STATE OF OKLAHOMA

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

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3 SENATE BILL 488                       By: Bergstrom
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6                           AS INTRODUCED

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7   An Act relating to unmanned aerial systems; defining

7   term; prohibiting certain purchase by state agencies

8   after certain date; prohibiting certain purchase by

8   political subdivisions after certain date; directing

9   the Office of Homeland Security to maintain certain

9   list; amending 51 O.S. 2021, Section 24A.5, as last

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

10  O.S. Supp. 2024, Section 24A.5), which relates to the

11  Oklahoma Open Records Act; providing for certain

11  assessment to be confidential; updating statutory

12  language; providing for codification; and providing

12  an effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.     NEW LAW  A new section of law to be codified

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17 in the Oklahoma Statutes as Section 422 of Title 3, unless there is
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18 created a duplication in numbering, reads as follows:
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19  As used in this act, "drone or unmanned aerial system" shall

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20 mean a powered aerial vehicle that:
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21  1. Does not carry a human operator and is operated autonomously

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22 without the possibility of direct human intervention from, within,
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23 or on the aircraft; and
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24  2. Uses aerodynamic forces to provide lift.

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    Req. No. 66                                              Page 1
1   SECTION 2.         NEW LAW  A new section of law to be codified

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2 in the Oklahoma Statutes as Section 423 of Title 3, unless there is
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3 created a duplication in numbering, reads as follows:
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4   A. Effective January 1, 2028, no state agency shall purchase or

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5 otherwise acquire a drone or unmanned aerial system other than those
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6 cleared by the Office of Homeland Security, pursuant to Section 3 of
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7 this act. No state funds shall be used to purchase or otherwise
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8 acquire a drone or unmanned aerial system whose purchase would be
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9 prohibited by the provisions of this subsection. Any contract or
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10 agreement for the acquisition of a drone or unmanned aerial system
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11 not cleared by the Office is void and unenforceable.
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12  B. Effective January 1, 2028, no political subdivision of this

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13 state shall purchase or otherwise acquire a drone or unmanned aerial
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14 system other than those cleared by the Office, pursuant to Section 3
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15 of this act. Any contract or agreement for the acquisition of a
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16 drone or unmanned aerial system not cleared by the Office is void
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17 and unenforceable.
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18  SECTION 3.         NEW LAW  A new section of law to be codified

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19 in the Oklahoma Statutes as Section 424 of Title 3, unless there is
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20 created a duplication in numbering, reads as follows:
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21  A. On or before January 1, 2028, the Office of Homeland

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22 Security, in consultation with the Oklahoma Department of Aerospace
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23 and Aeronautics and the Purchasing Division of the Office of
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    Req. No. 66                                           Page 2
1 Management and Enterprise Services, shall create and regularly
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2 maintain a list of drones and unmanned aerial systems that are:
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3   1. Cleared by the United States Department of Defense through

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4 its Blue UAS program;
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5   2. Determined to be compliant with the requirements of the

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6 National Defense Authorization Act for Fiscal Year 2024, Public Law
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7 118-31;
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8   3. Determined by the Office of Homeland Security to, under

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9 normal operating conditions, be unable to transmit data to
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10 unauthorized persons or entities; or
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11  4. Otherwise determined by the Department of Public Safety to

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12 present no threat to the security of this state.
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13  B. The list shall be updated at least every six (6) months, and

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14 the devices and vendors on the list shall be preferred over other
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15 devices and vendors in state and local procurement actions.
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16  C. In creating and maintaining the list, the Office of Homeland

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17 Security shall consult with recognized cybersecurity experts from
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18 the private and public sector to ensure the integrity and security
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19 of all data collected by drones and unmanned aerial systems used in
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20 this state.
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21  D. The list shall be a public document. Any documents related

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22 to the assessment process of drones and unmanned aerial systems on
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23 the list shall be required to remain confidential.
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    Req. No. 66                                                 Page 3
1   SECTION 4.         AMENDATORY      51 O.S. 2021, Section 24A.5, as

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2 last amended by Section 2, Chapter 116, O.S.L. 2024 (51 O.S. Supp.
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3 2024, Section 24A.5), is amended to read as follows:
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4   Section 24A.5. All records of public bodies and public

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5 officials shall be open to any person for inspection, copying, or
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6 mechanical reproduction during regular business hours; provided:
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7   1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30

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8 et seq. of this title, does not apply to records specifically
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9 required by law to be kept confidential including:
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10  a. records protected by a state evidentiary privilege

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11               such as the attorney-client privilege, the work

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12               product immunity from discovery and the identity of

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13               informer privileges,

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

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15               body lawfully closed to the public such as executive

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16               sessions authorized under the Oklahoma Open Meeting

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17               Act,

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18  c. personal information within driver records as defined

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

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20               States Code, Sections 2721 through 2725,

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

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22               Investigations obtained pursuant to Sections 940 and

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23               941 of Title 63 of the Oklahoma Statutes that may be

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    Req. No. 66                                             Page 4
1                hearsay, preliminary unsubstantiated investigation-

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2                related findings, or confidential medical information,

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

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4                developed for state licensure examinations, but

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5                specifically excluding test preparation materials or

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6                study guides,

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

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8                identification numbers, and proof of identification

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9                submitted to the Oklahoma Lottery Commission by

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10               persons claiming a lottery prize,

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11  g. unless public disclosure is required by other laws or

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12               regulations, vehicle movement records of the Oklahoma

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13               Transportation Authority obtained in connection with

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14               the Authority's electronic toll collection system,

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15  h. personal financial information, credit reports, or

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16               other financial data obtained by or submitted to a

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17               public body for the purpose of evaluating credit

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

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19               purpose of becoming qualified to contract with a

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20               public body,

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

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22               collection and safeguarding activities of the Oklahoma

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23               Transportation Authority,

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    Req. No. 66                                     Page 5
1   j. any personal information provided by a guest at any

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2                facility owned or operated by the Oklahoma Tourism and

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3                Recreation Department to obtain any service at the

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

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5                through the Oklahoma Tourism and Recreation

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6                Department,

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

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

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9                before July 1, 2002,

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

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11               the Oklahoma Statutes:

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12               (1) any record in connection with a Motor Vehicle

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13               Report issued by the Department of Public Safety,

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

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15               Oklahoma Statutes, or

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16               (2) personal information within driver records, as

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17               defined by the Driver's Privacy Protection Act,

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

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19               stored and maintained by the Department of Public

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20               Safety,

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

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22               an agency or entity of the state or a political

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23               subdivision to obtain licensure under the laws of this

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24               state or a political subdivision that contains an

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    Req. No. 66                                               Page 6
1                applicant's personal address, personal phone number,

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2                personal email address, any government-issued

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3                identification numbers, or other contact information;

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4                provided, however, lists of persons licensed, the

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

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6                commercial address, or other business or commercial

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7                information disclosable under state law submitted with

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8                an application for licensure shall be public record,

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9                unless the business or commercial address is the same

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

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11               applicant permits in writing the disclosure of the

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12               address,

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13  n. an investigative file obtained during an investigation

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14               conducted by the State Department of Health into

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15               violations of the Long-Term Care Administrator

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16               Licensing Act under Title 63 of the Oklahoma Statutes,

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17               or

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

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19               complaints, or other information in the possession or

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20               control of the Attorney General or Insurance

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21               Department pertaining to an evaluation, examination,

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22               investigation, or review made pursuant to the

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23               provisions of the Patient's Right to Pharmacy Choice

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    Req. No. 66                                                 Page 7
1                Act, the Pharmacy Audit Integrity Act, or Sections 357

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2                through 360 of Title 59 of the Oklahoma Statutes, or

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3   p. any documents related to the assessment process of

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4                drones and unmanned aerial systems, pursuant to

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5                Section 3 of this act;

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

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7 confidential regardless of the person's status as a public employee
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8 or private individual and may be redacted or deleted prior to
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9 release of the record by the public body;
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10  3. Any reasonably segregable portion of a record containing

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11 exempt material shall be provided after deletion of the exempt
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12 portions; provided however, the Department of Public Safety shall
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13 not be required to assemble for the requesting person specific
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14 information, in any format, from driving records relating to any
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15 person whose name and date of birth or whose driver license number
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16 is not furnished by the requesting person.
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17  The Oklahoma State Bureau of Investigation shall not be required

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18 to assemble for the requesting person any criminal history records
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19 relating to persons whose names, dates of birth, and other
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20 identifying information required by the Oklahoma State Bureau of
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21 Investigation pursuant to administrative rule are not furnished by
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22 the requesting person;
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23  4. Any request for a record which contains individual records

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24 of persons, and the cost of copying, reproducing, or certifying each
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    Req. No. 66                                                Page 8
1 individual record is otherwise prescribed by state law, the cost may
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2 be assessed for each individual record, or portion thereof requested
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3 as prescribed by state law. Otherwise, a public body may charge a
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4 fee only for recovery of the reasonable, direct costs of record
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5 copying, or mechanical reproduction. Notwithstanding any state or
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6 local provision to the contrary, in no instance shall the record
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7 copying fee exceed twenty-five cents ($0.25) per page for records
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8 having the dimensions of eight and one-half (8 1/2) by fourteen (14)
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9 inches or smaller, or a maximum of One Dollar ($1.00) per copied
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10 page for a certified copy. However, if the request:
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11  a. is solely for commercial purpose, or

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12  b. would clearly cause excessive disruption of the

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13               essential functions of the public body,

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14 then the public body may charge a reasonable fee to recover the
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15 direct cost of record search and copying; however, publication in a
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16 newspaper or broadcast by news media for news purposes shall not
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17 constitute a resale or use of a record for trade or commercial
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18 purpose and charges for providing copies of electronic data to the
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19 news media for a news purpose shall not exceed the direct cost of
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20 making the copy. The fee charged by the Department of Public Safety
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21 for a copy in a computerized format of a record of the Department
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22 shall not exceed the direct cost of making the copy unless the fee
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23 for the record is otherwise set by law.
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    Req. No. 66                                           Page 9
1   Any public body establishing fees under this act shall post a

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2 written schedule of the fees at its principal office and with the
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3 county clerk.
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4   In no case shall a search fee be charged when the release of

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5 records is in the public interest, including, but not limited to,
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6 release to the news media, scholars, authors and taxpayers seeking
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7 to determine whether those entrusted with the affairs of the
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8 government are honestly, faithfully, and competently performing
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9 their duties as public servants.
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10  The fees shall not be used for the purpose of discouraging

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11 requests for information or as obstacles to disclosure of requested
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12 information;
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13  5. The land description tract index of all recorded instruments

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14 concerning real property required to be kept by the county clerk of
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15 any county shall be available for inspection or copying in
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16 accordance with the provisions of the Oklahoma Open Records Act;
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17 provided, however, the index shall not be copied or mechanically
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18 reproduced for the purpose of sale of the information;
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19  6. A public body must provide prompt, reasonable access to its

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20 records but may establish reasonable procedures which protect the
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21 integrity and organization of its records and to prevent excessive
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22 disruptions of its essential functions. A delay in providing access
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23 to records shall be limited solely to the time required for
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24 preparing the requested documents and the avoidance of excessive
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    Req. No. 66                                                Page 10
1 disruptions of the public body's essential functions. In no event
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2 may production of a current request for records be unreasonably
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3 delayed until after completion of a prior records request that will
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4 take substantially longer than the current request. Any public body
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5 which makes the requested records available on the Internet shall
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6 meet the obligation of providing prompt, reasonable access to its
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7 records as required by this paragraph; and
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8   7. A public body shall designate certain persons who are

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9 authorized to release records of the public body for inspection,
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10 copying, or mechanical reproduction. At least one person shall be
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11 available at all times to release records during the regular
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12 business hours of the public body.
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13  SECTION 5. This act shall become effective November 1, 2025.

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    Req. No. 66                               Page 11
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