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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1823 By: Dahm
AS INTRODUCED
An Act relating to state government; creating the
Basic Government Transparency Act; providing short
title; defining terms; authorizing the Office of
Management and Enterprise Services to facilitate
certain creation of website; requiring governmental
entities to establish certain website; providing for
contents of website; requiring governmental entities
to establish financial transparency register;
providing for contents of registry; providing for
penalty; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.9 of Title 74, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and be cited as the “Basic Government
Transparency Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 90.10 of Title 74, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
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1. “Agency” means a subdivision of a governmental entity with
authority to recommend or create laws, codes, ordinances, or public
policy or carry out such politics, including boards, bodies,
bureaus, commissions, contractors, councils, courts, departments,
electric co-ops, institutions, offices, officers, school dist ricts,
and units;
2. “Business entity” means an individual, partnership, business
trust, cooperative, association, corporation, limited liability
company, or any other firm, group, or concern which functions as a
separate entity for business purposes;
3. “Governmental entity” means the government of this state ,
county, municipality, or other political subdivision of this state;
and
4. “Vendor” means an individual or business entity that
provides items, products, materials, supplies, services, or
equipment to governmental entities.
SECTION 3. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 90.11 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. On or before the effective date of this act, the Office of
Management and Enterprise Services (OMES) shall establish and
maintain a jurisdictional transparency website that lists all
governmental entities with jurisdiction over an address entered by a
use of the website. Add resses may be entered specifically into a
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dedicated search field or by indicati ng a point on an interactive
map. The list generated for each address shall contain the name of
every governmental entity with jurisdiction over the address. A
user shall be able to select a governmental entity from the list and
be linked to a continuously maintained website by the government al
entity as provided for in subsection C of this section.
B. The state jurisdiction website shall be an official state
government website that is accessible by the public without cost or
subscription.
C. On or before the effective date of this act, each
governmental entity shall establish and maintain a governmental
transparency website. Information compiled by the governmental
entities shall be presented in a standardized format that is clear,
concise, and easily discoverable by the public and shall be
prominently featured on the governmental entity’s Internet homepage.
Each governmental transparency website shall contain the following
information, or an easily accessible method to access the
information:
1. The name, mailing address, email address, and telephone
number of all officials with policymaking authority including, but
not limited to, the directors, or equivalent, of the gover nmental
entity or directors, or equivalent , of the governing bodies of the
relevant agencies;
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2. For each official listed, a description of his or her
obtained office, including whether he or she was appointed or
elected, and, if appointed, by whom; the date that each policy making
official assumed the office; and the date when his o r her term shall
end;
3. Links to all statutes, rules, codes, and ordi nances enacted
by the governmental entity;
4. Dates for all elections sch eduled within the next two (2)
calendar years;
5. A list of taxes and fees controlled by the governmental
entity; and
6. A link to the financial transparency register for each
governmental entity as required by this act.
D. Each governmental transparency website shall be accessible
to the public at no cost or without subscription.
E. Each governmental entity shall submit to OMES a current link
to the relevant website contai ning the information re quired by
subsection C of this section. OMES shall establish by rule a
process by which each entity shall submit its website for review and
approval. OMES shall have the authority to determine a standardized
webpage by rule. Each government al entity shall provide periodic
updates as may be established by rule no less than on ce per quarter.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.12 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. On or before the effective date of this act, ever y
governmental entity shall establish and maintain a financial
transparency register listing all financial transactions of the
governmental entity. The register shall be updated quarterly, and
records shall be archived by the end of each fiscal year. The
governmental entity shall maintain public online access to archived
registers.
B. The website for the register shall present a financial
overview of the governmental entity in a manner intuitive to the
public. The financial overview shall include:
1. The total budget of the governmental entity;
2. The budget for each agency; and
3. The source and amou nt of revenues from each source.
C. The financial transparency register shall list each
transaction in excess of Fifteen Thousand Dollars ($15,000.00). The
register shall be download able in a spreadsheet format that may be
manipulated, searched, and sorted. There shall be no maximum on the
number of transactions that may be dow nloaded, and the register
shall be downloadable in its entirety. Each expend iture shall
include the following i nformation:
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1. The manner of payment including, but not limited to , check,
warrant of credit, debit, or other purchase card;
2. The funding source from which the expenditure was made;
3. The date and amount of each expenditure;
4. The agency or budget unit ma king the expenditure;
5. The name of the entity, person, or vendor receiving payment,
including the names of public employees on payroll, and if
applicable, a vendor number; and
6. An explanation of the object or purpose of the expenditure.
The explanation shall be unique and specific to each transaction.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 90.13 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Any governmental entity that f ails to comply with the prov isions
of this act on or after the effective date of this act shall be
subjected to the penalties pursuant to Section 24.1 of Title 51 of
the Oklahoma Statutes.
SECTION 6. This act shall become effective Novembe r 1, 2024.
59-2-3386 MR 1/17/2024 4:18:45 PM