OklahomaHB 2163Oklahoma 2026 Regular SessionHouse

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

Sponsored By: John Pfeiffer (Republican)

Became Law

Senate Committee

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Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Stronger enforcement of government transparency laws

Oklahoma’s Attorney General can investigate violations of the state’s open-records and open-meetings laws. The Attorney General can bring civil or criminal cases when prosecution is warranted, or refer matters to a district attorney. The new records-review process does not limit the Attorney General’s authority to enforce the Open Records Act.

Less public access to review materials

Some materials held by Oklahoma’s Attorney General for public-records reviews are exempt from release under the Open Records Act. These include records supplied by another public body, related correspondence with public bodies, and work papers or work products. The exemption applies to materials connected to the Attorney General’s duties under the review process.

New records reviews with access limits

The law creates a Public Access Counselor Unit in Oklahoma’s Attorney General’s Office and takes effect immediately upon approval. You can seek review of denied records requests within 30 calendar days after denial, or challenge requests not answered promptly. Use the Attorney General’s form and include your original request and any responses. Denials by the Legislature and its committees, commissions, and agencies are excluded. Commercial-purpose requests are excluded, but you can challenge whether that label is correct. The Counselor rejects unfounded reviews and tells both sides. Otherwise, the Counselor sends the review to the public body within 7 business days and identifies records it must provide. The public body must cooperate and respond in writing within 7 business days after receipt. The Counselor must protect confidential information received during review. The Attorney General issues advice within 60 calendar days after receiving the review request and notifies you when review ends. The public body must then act promptly to comply with open-records law or respond to you. You can sue in district court if the advice says no further action is needed. If you sue over the same denial during review, you must notify the Counselor, and review stops. Public bodies gain protection from penalties when they release records as advised. Their heads or attorneys can also request review, and the Counselor can seek more information. The Attorney General can issue advisory opinions; good-faith reliance protects public bodies from penalties when supporting facts were fully and fairly disclosed. The Counselor can deny future reviews from people who submit multiple frivolous requests.

Sponsors & Cosponsors

Sponsor

John Pfeiffer
Republican • House

Cosponsors

Brent Howard
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 259 • No: 39

House vote • 5/29/2025

OVERRIDE

Yes: 76 • No: 13

Senate vote • 5/29/2025

OVERRIDE

Yes: 37 • No: 8

Senate vote • 5/5/2025

THIRD READING

Yes: 40 • No: 5

Senate vote • 4/8/2025

Committee vote: Judiciary

Yes: 7 • No: 0

House vote • 3/25/2025

THIRD READING

Yes: 80 • No: 9

House vote • 3/4/2025

DO PASS

Yes: 11 • No: 4

House vote • 2/4/2025