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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 118 By: Hall of the Senate
and
Osburn of the House
An Act relating to the Oklahoma Municipal Power
Authority; amending 25 O.S. 2011, Section 307, as
last amended by Section 57, Chapter 476, O.S.L. 2019
(25 O.S. Supp. 2020, Section 307), which relates to
the Open Meeting Act; authorizing Authority to hold
executive sessions for specified purposes; amending
51 O.S. 2011, Section 24A.28, as last amended by
Section 9, Chapter 163, O.S.L. 2019 (51 O.S. Supp.
2020, Section 24A.28), which relates to the Oklahoma
Open Records Act; authorizing Authority to keep
certain records confidential; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2011, Section 307, as last
amended by Section 57, Chapter 476, O.S.L. 2019 (25 O.S. Supp. 2020,
Section 307), is amended to read as follows:
Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provided in this section.
B. Executive sessions of public bodies will be permitted only
for the purpose of:
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1. Discussing the employment, hiring, appointment, promoti on,
demotion, disciplining or resignation of any individual salaried
public officer or employee;
2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the purchase or appraisal of real property;
4. Confidential communications between a public body and its
attorney concerning a pending investigation, claim, or action if the
public body, with the advice of its attorney, determines that
disclosure will seriously impair the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interest;
5. Permitting district boards of education to hear evidence and
discuss the expulsion or suspension of a student when requested by
the student involved or the student’s parent, attorney or legal
guardian;
6. Discussing matters involving a specific handicapped child;
7. Discussing any matter where disclosure of information would
violate confidentiality requirements of state or federal law;
8. Engaging in deli berations or rendering a final or
intermediate decision in an individual proceeding pursuant to
Article II of the Administrative Procedures Act;
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9. Discussing matters involving safety and security at state
penal institutions or correctional facilities use d to house state
inmates;
10. Discussing contract negotiations involving contracts
requiring approval of the Board of Corrections, which shall be
limited to members of the public body, the attorney for the public
body, and the immediate staff of the publi c body. No person who may
profit directly or indirectly by a proposed transaction which is
under consideration may be present or participate in the executive
session; or
11. Discussing the following:
a. the investigation of a plan or scheme to commit an act
of terrorism,
b. assessments of the vulnerability of government
facilities or public improvements to an act of
terrorism,
c. plans for deterrence or prevention of or protection
from an act of terrorism,
d. plans for response or remediation after an act of
terrorism,
e. information technology of the public body but only if
the discussion specifically identifies:
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(1) design or functional schematics that demonstrate
the relationship or connections between devices
or systems,
(2) system configuration inform ation,
(3) security monitoring and response equipment
placement and configuration,
(4) specific location or placement of systems,
components or devices,
(5) system identification numbers, names, or
connecting circuits,
(6) business continuity and disaster planning, or
response plans, or
(7) investigation information directly related to
security penetrations or denial of services, or
f. the investigation of an act of terrorism that has
already been committed.
For the purposes of this subsection, the term “terrorism” means any
act encompassed by the definitions set forth in Section 1268.1 of
Title 21 of the Oklahoma Statutes.
C. Notwithstanding the provisions of subsection B of this
section, the following public bodies may hold executive sessions:
1. The State Banking Board, as provided for under Section 306.1
of Title 6 of the Oklahoma Statutes;
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2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Development Finance Authority, a s provided for
in Section 5062.6 of Title 74 of the Oklahoma Statutes;
4. The Oklahoma Center for the Advancement of Science and
Technology, as provided for in Section 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Health Research Committee for purposes of
conferring on matters pertaining to research and development of
products, if public disclosure of the matter discussed would
interfere with the development of patents, copyrights, products, or
services;
6. The Workers’ Compensation Commission for the purposes
provided for in Section 20 of Title 85A of the Oklahoma Statutes;
7. A review committee, as provided for in Section 855 of Title
62 of the Oklahoma Statutes;
8. The Child Death Review Board for purposes of receiving and
conferring on matters pertaining to materials declared confidential
by law;
9. The Domestic Violence Fatality Review Board as provided in
Section 1601 of Title 22 of the Oklahoma Statutes;
10. The Opioid Overdose Fatality Review Board, as provided in
Section 2-1001 of Title 63 of the Oklahoma Statutes;
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11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts, task forces or study groups supported in whole or part by
public funds or entruste d with the expenditure of public funds for
purposes of conferring on matters pertaining to economic
development, including the transfer of property, financing, or the
creation of a proposal to entice a business to remain or to locate
within their jurisdict ion if public disclosure of the matter
discussed would interfere with the development of products or
services or if public disclosure would violate the confidentiality
of the business;
12. The Oklahoma Indigent Defense System Board for purposes of
discussing negotiating strategies in connection with making possible
counteroffers to offers to contract to provide legal representation
to indigent criminal defendants and indigent juveniles in cases for
which the System must provide representation pursuant to t he
provisions of the Indigent Defense System Act; and
13. The Quality Investment Committee for purposes of discussing
applications and confidential materials pursuant to the terms of the
Oklahoma Quality Investment Act ; and
14. The Oklahoma Municipal Pow er Authority established pursuant
to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
in its role as an electric utility regulated by the federal
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government, for purposes of discussing security plans and procedures
including, but not limited to, cybersecurity matters .
D. Except as otherwise specified in this subsection, an
executive session for the purpose of discussing the purchase or
appraisal of real property shall be limited to members of the public
body, the attorney for the public body and the immediate staff of
the public body. No landowner, real estate salesperson, broker,
developer or any other person who may profit directly or indirectly
by a proposed transaction concerning real property which is under
consideration may be present or participate in the executive
session, unless they are operating under an existing agreement to
represent the public body.
E. No public body may go into an executive session unless the
following procedures are strictly complied with:
1. The proposed executive session is noted on the agenda as
provided in Section 311 of this title;
2. The executive session is authorized by a majority vote of a
quorum of the members present and the vote is a recorded vote; and
3. Except for matters considered in executi ve sessions of the
State Banking Board and the Oklahoma Savings and Loan Board, and
which are required by state or federal law to be confidential, any
vote or action on any item of business considered in an executive
session shall be taken in public meetin g with the vote of each
member publicly cast and recorded.
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F. A willful violation of the provisions of this section shall:
1. Subject each member of the public body to criminal sanctions
as provided in Section 314 of this title; and
2. Cause the minutes and all other records of the executive
session, including tape recordings, to be immediately made public.
SECTION 2. AMENDATORY 51 O.S. 2011, Section 24A.28, as
last amended by Section 9, Chapter 163, O.S.L. 2019 (51 O.S. Supp.
2020, Section 24A.28), is amended to read as follows:
Section 24A.28. A. The following information may be kept
confidential:
1. Investigative evidence of a plan or scheme to commit an act
of terrorism;
2. Assessments of the vulnerability of government f acilities or
public improvements to an act of terrorism and work papers directly
related to preparing the assessment of vulnerability;
3. Records including details for deterrence or prevention of or
protection from an act or threat of an act of terrorism;
4. Records including details for response or remediation after
an act of terrorism;
5. Information technology of a public body or public official
but only if the information specifically identifies:
a. design or functional schematics that demonstrate th e
relationship or connections between devices or
systems,
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b. system configuration information,
c. security monitoring and response equipment placement
and configuration,
d. specific location or placement of systems, components
or devices,
e. system identification numbers, names, or connecting
circuits,
f. business continuity and disaster planning, or response
plans, or
g. investigative information directly related to security
penetrations or denial of services;
6. Investigation evidence of an act of terror ism that has
already been committed;
7. Records received, maintained or generated by the Oklahoma
Office of Homeland Security which include confidential private
business information or an individual ’s private records;
8. Records received by the Oklahoma Office of Homeland Security
from the United States Department of Homeland Security or records
maintained or generated by the Oklahoma Office of Homeland Security
involving the United States Department of Homeland Security;
9. Records received, maintained or generated by the Department
of Environmental Quality that contain information regarding sources
of radiation in quantities determined by the United States Nuclear
Regulatory Commission to be significant to public health and safety,
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by whomever possessed , whether in transit or at fixed sites, when
the information could reasonably be expected to have an adverse
effect on the health and safety of the public by increasing the
likelihood of theft, diversion or sabotage of the radiation sources
or facilities. The information may include but is not limited to
information:
a. from or relating to radioactive material licensees
identifying the exact location of the radioactive
material,
b. describing how the radioactive material is secured
from unauthorized remova l or access when it is in
storage,
c. describing the control and maintenance of constant
surveillance of the radioactive material when it is
not in storage,
d. describing specific policies and procedures for
actions to physically protect the radioactive
material,
e. identifying possession limits or actual inventories of
radionuclides,
f. containing or describing assessments or analyses that
could reveal vulnerabilities,
g. identifying specific locations of safety and security
equipment,
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h. describing emergency planning, emergency response and
fire protection, and
i. containing or describing other information that could
reasonably be expected to be useful to persons with
malevolent intent;
10. The names of school district personnel who have been
designated to carry a firearm pursuant to Section 5 -149.2 of Title
70 of the Oklahoma Statutes; and
11. Information technology of the State Election Board or a
county election board which is determined jointly by the Secretary
of the State Election Board and the Stat e Chief Information Officer
to be technology that could reasonably be expected to be useful to
persons with intent to interfere with the conduct of an election,
voter registration or other election processes ; and
12. Records received, maintained or genera ted by the Oklahoma
Municipal Power Authority established pursuant to Section 24 -101 et
seq. of Title 11 of the Oklahoma Statutes and in its role as an
electric utility regulated by the federal government, related to
security plans and procedures including , but not limited to,
cybersecurity matters .
B. The following information shall not be kept confidential:
1. Records related to federal grants administered by the
Oklahoma Office of Homeland Security or the Department of
Environmental Quality;
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2. Records related to the receipt and expenditure of public
funds; or
3. Records related to the financial performance or financial
administration of the Oklahoma Office of Homeland Security or the
Department of Environmental Quality.
C. For the purposes of this s ection, the term “terrorism” means
any act encompassed by the definitions set forth in Section 1268.1
of Title 21 of the Oklahoma Statutes.
D. 1. Public educational institutions may keep confidential
campus security plans. An institution or agency may i n its
discretion release information contained in or related to the campus
security plan in order to design or implement the plan.
2. Nothing in this subsection shall preclude an institution or
agency within The Oklahoma State System of Higher Education f rom
collecting and releasing information relating to campus crime
statistics and campus security policies as is required pursuant to
the Jeanne Clery Disclosure of Campus Security Policy and Campus
Crime Statistics Act, 20 U.S.C. 1092(f).
3. For purposes of this subsection, “campus security plan ”
shall include, but is not limited to, prevention and response
procedures to and notification procedures for perceived or actual
security threats and incidents on or impacting the campus.
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SECTION 3. This act shall become effective November 1, 202 1.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
EFFICIENCY, dated 04/06/2021 - DO PASS.