STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1252	By:	Wilson

AS INTRODUCED

An Act relating to Officers; amending 51 O.S. 2001, Section 24A.3, as last amended by Section 4, Chapter 199, O.S.L. 2005 (51 O.S. Supp. 2009, Section 24A.3), which relates to the Oklahoma Open Records Act; modifying certain definition; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     51 O.S. 2001, Section 24A.3, as last amended by Section 4, Chapter 199, O.S.L. 2005 (51 O.S. Supp. 2009, Section 24A.3), is amended to read as follows:
Section  24A.3  As used in this 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 the effective date of this act, or
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
(3)	audio or video recordings of the Department of Public Safety;
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;
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, 2010.

52-2-2140	MD	10/5/2009 9:01:56 AM