Oklahoma 2024 Regular Session

Oklahoma House Bill HB2287

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/28/23  
Engrossed
3/23/23  
Refer
3/30/23  

Caption

Open records; Public Access Counselor; Attorney General; review of denial; public bodies; effective date; emergency.

Impact

The introduction of HB 2287 is expected to significantly impact the Oklahoma Open Records Act by formalizing the review process for denied requests, a move some see as a critical step towards improving public access to governmental information. By allowing individuals to challenge denials effectively, the bill aims to foster a culture of transparency within government functions. Moreover, public bodies will be incentivized to comply with transparency efforts due to the protection against liability when disclosing records per the Attorney General's advice, which could lead to a more open governmental environment.

Summary

House Bill 2287 aims to enhance transparency and accountability in the state of Oklahoma by establishing a Public Access Counselor within the Office of the Attorney General. This position will review requests for public records that have been denied by public bodies, thereby providing an avenue for individuals to appeal such denials. The bill is designed to streamline the process by requiring that requests for access to records be submitted within 60 days of denial, along with the necessary documentation to support the appeal. The measure is set to become effective on November 1, 2023, reflecting an urgent need to address public concerns over record accessibility.

Sentiment

The sentiment surrounding HB 2287 is largely supportive among advocates for government transparency and accountability. Proponents argue that the measure will empower citizens and enhance democratic engagement by making it easier for the public to access important public information. However, there may be concerns from public bodies regarding the potential increase in workload and scrutiny over their records handling. Overall, the legislation is viewed primarily as a positive step towards improved governance.

Contention

Despite its supportive reception, HB 2287 has generated some debate about the balance of power between state oversight and local autonomy. Critics argue that the establishment of the Public Access Counselor may lead to an increase in federal oversight, which could create tension between state and local governance structures. The nuances of how the law will be applied in practice, including the effectiveness of the appeal process and time constraints placed on public bodies, may also become points of contention as the bill moves forward.

Companion Bills

OK HB2287

Carry Over Open records; Public Access Counselor; Attorney General; review of denial; public bodies; effective date; emergency.

Previously Filed As

OK HB2163

Open records; public access counselor; review; subpoena; Attorney General; binding opinion; advisory opinion; emergency.

OK HB2163

Open records; public access counselor; review; subpoena; Attorney General; binding opinion; advisory opinion; emergency.

OK SB622

Open Records; creating the Public Access Counselor Unit within the Office of the Attorney General; establishing procedures for review of records requests. Emergency.

OK SB622

Open Records; creating the Public Access Counselor Unit within the Office of the Attorney General; establishing procedures for review of records requests. Emergency.

OK S0376

Public Records/Sexual Assault Counselors

OK HB1360

Access to public records.

OK SF0049

AN ACT relating to public records; revising documents that constitute official public records; revising time periods for acknowledgement of public records requests and release of public records; providing for an extension of time to release public records; authorizing the ombudsman to refer a matter to the attorney general or district attorney; specifying fees for public records; increasing a penalty; authorizing attorney fees; and providing for an effective date.

OK SB2577

Mississippi Public Records Act; allow public bodies to deny excessive public records requests.

OK HB100

Generally revise public record laws

OK SB535

Oklahoma Open Records Act; modifying requirements for public body to complete certain records requests. Effective date.

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