[Previous] [Next]

§51-24A.5.


§51-24A.5.
   
   All records of public bodies and public officials shall be open to any
   person for inspection, copying, and/or mechanical reproduction during
   regular business hours; provided:
   
   1. The Oklahoma Open Records Act, Section 24A.1 et seq. of this title,
   does not apply to records specifically required by law to be kept
   confidential including:
   
   a. records protected by a state evidentiary privilege such as the
   attorney-client privilege, the work product immunity from discovery
   and the identity of informer privileges, or
   
   b. records of what transpired during meetings of a public body
   lawfully closed to the public such as executive sessions authorized
   under the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25
   of the Oklahoma Statutes.
   
   2. Any reasonably segregable portion of a record containing exempt
   material shall be provided after deletion of the exempt portions,
   provided however, the Oklahoma Department of Public Safety shall not
   be required to assemble for the requesting person specific information
   requested from the Oklahoma Department of Public Safety's Driver
   License file relating to persons whose names and dates of birth or
   whose driver license numbers are not furnished by the requesting
   person. The Oklahoma State Bureau of Investigation shall not be
   required to assemble for the requesting person any criminal history
   records relating to persons whose names and dates of birth are not
   furnished by the requesting person.
   
   3. Any request for a record which contains individual records of
   persons and the cost of copying, reproducing or certifying such
   individual record which is otherwise prescribed by state law, the cost
   may be assessed for each individual record, or portion thereof
   requested as prescribed by state law. Otherwise, a public body may
   charge a fee only for recovery of the reasonable, direct costs of
   document copying, or mechanical reproduction. Notwithstanding any
   state or local provision to the contrary, in no instance shall said
   document copying fee exceed twenty-five cents ($0.25) per page for
   documents having the dimensions of eight and one-half (8 1/2) by
   fourteen (14) inches or smaller, or a maximum of One Dollar ($1.00)
   per copied page for a certified copy. However, if the request:
   
   a. is solely for commercial purpose, or
   
   b. would clearly cause excessive disruption of the public body's
   essential functions,
   
   then the public body may charge a reasonable fee to recover the direct
   cost of document search; however, publication in a newspaper or
   broadcast by news media for news purposes shall not constitute a
   resale or use of data for trade or commercial purpose and charges for
   providing copies of electronic data to the news media for a news
   purpose shall not exceed the direct cost of making the copy.
   
   Any public body establishing fees under this act shall post a written
   schedule of said fees at its principal office and with the county
   clerk.
   
   In no case shall a search fee be charged when the release of said
   documents is in the public interest, including, but not limited to,
   release to the news media, scholars, authors and taxpayers seeking to
   determine whether those entrusted with the affairs of the government
   are honestly, faithfully, and competently performing their duties as
   public servants.
   
   The fees shall not be used for the purpose of discouraging requests
   for information or as obstacles to disclosure of requested
   information.
   
   4. The land description tract index of all recorded instruments
   concerning real property required to be kept by the county clerk of
   any county shall be available for inspection or copying in accordance
   with the provisions of the Oklahoma Open Records Act; provided,
   however, such index shall not be copied and/or mechanically reproduced
   for the purpose of sale of such information.
   
   5. A public body must provide prompt, reasonable access to its records
   but may establish reasonable procedures which protect the integrity
   and organization of its records and to prevent excessive disruptions
   of its essential functions.
   
   6. A public body shall designate certain persons who are authorized to
   release records of the public body for inspection, copying, or
   mechanical reproduction. At least one such person shall be available
   at all times to release records during the regular business hours of
   the public body.
   

[Previous] [Next]