Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB100 Latest Draft

Bill / Enrolled Version Filed 05/23/2023

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 100 	By: Pemberton, Garvin, Weaver, 
Bullard, Pederson, and 
Rogers of the Senate 
 
  and 
 
  Lowe (Dick), Maynard, 
Provenzano, Dollens, 
Wallace, Randleman, Ford, 
McDugle, West (Tammy), 
Hasenbeck, Baker, Sterling, 
Boles, Waldron, Schr eiber, 
and Wolfley of the House 
 
 
 
An Act relating to school security; amending 51 O.S. 
2021, Section 24A.28 , which relates to the Oklahoma 
Open Records Act; allowing information re lated to 
certain assessments to be kept confidential ; 
requiring school distr icts to undergo certain 
assessment by certain date; requiring ass essment to 
include certain recommendations; pro viding certain 
exemption; directing school districts in certain 
coordination to conduct re-assessments; amending 74 
O.S. 2021, Section 51.2b, as amended by Section 5, 
Chapter 302, O.S.L. 2022 (74 O.S. Supp. 20 22, Section 
51.2b), which relates to the Oklaho ma School Security 
Grant Program Act; providing eligibility criteria for 
grant awards; directing annual report to include 
certain information; providing for codification; 
providing an effective date; and decla ring an 
emergency. 
 
 
 
SUBJECT: School security 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
   
 
ENR. S. B. NO. 100 	Page 2 
SECTION 1.     AMENDATORY     51 O.S. 2021, Section 24A.28, i s 
amended to read as follows: 
 
Section 24A.28. A.  The following informa tion 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 facilities or 
public improvements to an act of terrorism and work papers directly 
related to preparing the assessment o f vulnerability; 
 
3.  Records including detai ls for deterrence or prevention of or 
protection from an act or threat of an act of terrorism; 
 
4.  Records including details for response or remediati on 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 the 
relationship or connections between devices or 
systems, 
 
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 num bers, 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;   
 
ENR. S. B. NO. 100 	Page 3 
 
6.  Investigation evidence of an act of terrorism that has 
already been committed; 
 
7.  Records received, maintained, or generated by the Okl ahoma 
Office of Homeland Security which include confidential privat e 
business information or an individual ’s private records; 
 
8.  Records received by the Oklahoma Offic e of Homeland Security 
from the United States Dep artment of Homeland Security or records 
maintained or generate d by the Oklahoma Office of Homeland Securit y 
involving the United States Department of Homeland Security; 
 
9.  Records received, maintained , or generated by the Department 
of Environmental Quali ty that contain information regarding s ources 
of radiation in quantities determined by the United States N uclear 
Regulatory Commission to be significant to public health and safety, 
by whomever possessed, w hether 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 i ncreasing 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 radi oactive material licens ees 
identifying the exact location of the ra dioactive 
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 radio active 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 i nventories of 
radionuclides,   
 
ENR. S. B. NO. 100 	Page 4 
 
f. containing or describing asses sments or analyses that 
could reveal vulnera bilities, 
 
g. identifying specific locations of safety and security 
equipment, 
 
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 pers ons 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; 
 
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 State 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 generated by the Oklahoma 
Municipal Power Authority establis hed pursuant to Section 24 -101 et 
seq. of Title 11 of the Okla homa Statutes and in its role as an 
electric utility regulated by the federal government, related to 
security plans and procedures i ncluding, but not limited to, 
cybersecurity matters ; and 
 
13.  Risk and vulnerability a ssessments of school districts 
conducted pursuant to Section 2 of this act including 
recommendations to increase security on school district property and 
work papers directly related to preparation of the risk and 
vulnerability assessments. 
 
B.  The following information shall not be kept confidential: 
   
 
ENR. S. B. NO. 100 	Page 5 
1.  Records related to federal gran ts administered by the 
Oklahoma Office of Homeland Security or the Department of 
Environmental Quality; 
 
2.  Records related to the rece ipt 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 section, the term “terrorism” means 
any act encompassed by the definitions set fo rth 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 in 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 from 
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 proced ures for perceived or actual 
security threats and incidents on or impacting the campus. 
 
SECTION 2.    NEW LAW     A new section of law to be codif ied 
in the Oklahoma Statutes as Section 5-148.1 of Title 70, unless 
there is created a duplic ation in numbering, reads as follows: 
 
A.  Except as provided for in subsectio n B of this section, by 
July 1, 2026, each school district in this state shall undergo a 
risk and vulnerability assessment conducted by the Oklahoma School 
Security Institute or a nationally qualified risk and vulnerability 
assessor.  The assessment shall include recommendations to increase 
security on school district property.   
 
ENR. S. B. NO. 100 	Page 6 
 
B.  A school district that completed a risk and vulnerability 
assessment conducted by the Oklahoma School Security Institute or a 
nationally qualified risk and vulnerability assesso r in the two (2) 
years prior to the effective date of this act shall be exempt from 
the provisions of subsection A of this section. 
 
C.  After an initial risk and vulnerability assessment is 
conducted, school dist ricts shall conduct re-assessments every five 
(5) years. 
 
SECTION 3.     AMENDATORY    74 O.S. 2021, Section 51.2b, as 
amended by Section 5, Chapter 302, O.S.L. 2022 (74 O.S. Supp. 2022, 
Section 51.2b), is amended to read as f ollows: 
 
Section 51.2b. A.  This section shall be known and may be cited 
as the “Oklahoma School Security Grant Program Act”. 
 
B.  The Oklahoma Department of Emergency Management shall 
solicit proposals for and make grants for the enhancement of campus 
security at institutions of higher learning, technology center 
schools, public schools, and private schools. 
 
C.  The goals and objectives of the Oklahoma School Security 
Grant Program are to: 
 
1.  Increase the awareness of the public and educational 
institutions of the risks, threats, and vulnerabilities of sc hool 
campuses as well as mitigation strategies; 
 
2.  Incentivize participation in school security training 
programs designed to assess campus risks, threats, and 
vulnerabilities; 
 
3.  Provide assistance to institutions of higher learning, 
technology center schools, public schools, and private schools 
initiating or implementing school security plans, programs, and 
activities; and 
 
4. Build upon the success of the pilot Education Grant Program 
established by the Oklahoma Office of Homeland Security. 
   
 
ENR. S. B. NO. 100 	Page 7 
D.  The Department shall determine grant pro ject criteria and 
establish a process for the consideration of prop osals.  The 
proposals shall be considered on a statew ide competitive basis among 
peer institutions. To be eligible for an Oklahoma School Secu rity 
Grant Program award, an institution of higher learning, technology 
center school, public school, or private scho ol shall: 
 
1.  Complete a risk and vulnerability assessment conducted by 
the Oklahoma School Security Institute or a nationally qualified 
risk and vulnerability assessor; and 
 
2.  Agree to expend grant funds on items recommended by the risk 
and vulnerability assessment and/or to provide de-escalation and 
behavioral threat assessment and management training to employees. 
Recommended items eligible for grant fund expenditures may include, 
but shall not be limi ted to, physical security enhancements such as 
cameras, gates, lighting, locks, doors, windows, security 
geofencing, and ballistic storm shelters. 
 
E.  On or before January 1, 2010, and each year thereafter, the 
Department shall prepare an annual report on the Oklahoma School 
Security Grant Program and submit the report to the Governor, the 
President Pro Tempore of the Senate, and the Speaker of the House of 
Representatives. The report shall includ e a list of the recipients 
of Oklahoma School Security Grant Program awards and inf ormation on 
how grant funds were used during the previous year. 
 
SECTION 4. This act shall become effective July 1, 2023. 
 
SECTION 5.  It being immediately necessary for the preservation 
of the public peace, he alth, or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval.   
 
ENR. S. B. NO. 100 	Page 8 
Passed the Senate the 19th day of May, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 22nd day of May, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _____ __ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _________________________________