1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1371 By: West (Tammy) | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to the Oklahoma Open Meeting Act; | | amending 25 O.S. 2021, Section 307, as amended by | 8| Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp. | | 2022, Section 307), which relates to executive | 9| sessions; authorizing executive sessions related to | | self-evaluation by public body; and providing an | 10| effective date. | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 25 O.S. 2021, Section 307, as | | | 15|amended by Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2022, | | | 16|Section 307), is amended to read as follows: | | | 17| Section 307. A. No public body shall hold executive sessions | | | 18|unless otherwise specifically provided in this section. | | | 19| B. Executive sessions of public bodies will be permitted only | | | 20|for the purpose of: | | | 21| 1. Discussing the employment, hiring, appointment, promotion, | | | 22|demotion, disciplining or resignation of any individual salaried | | | 23|public officer or employee; | | | 24| | | | Req. No. 6593 Page 1 ___________________________________________________________________________
1| 2. Discussing negotiations concerning employees and | | | 2|representatives of employee groups; | | | 3| 3. Discussing the purchase or appraisal of real property; | | | 4| 4. Confidential communications between a public body and its | | | 5|attorney concerning a pending investigation, claim, or action if the | | | 6|public body, with the advice of its attorney, determines that | | | 7|disclosure will seriously impair the ability of the public body to | | | 8|process the claim or conduct a pending investigation, litigation, or | | | 9|proceeding in the public interest; | | | 10| 5. Permitting district boards of education to hear evidence and | | | 11|discuss the expulsion or suspension of a student when requested by | | | 12|the student involved or the student's parent, attorney or legal | | | 13|guardian; | | | 14| 6. Discussing matters involving a specific handicapped child; | | | 15| 7. Discussing any matter where disclosure of information would | | | 16|violate confidentiality requirements of state or federal law; | | | 17| 8. Engaging in deliberations or rendering a final or | | | 18|intermediate decision in an individual proceeding pursuant to | | | 19|Article II of the Administrative Procedures Act; | | | 20| 9. Discussing matters involving safety and security at state | | | 21|penal institutions or correctional facilities used to house state | | | 22|inmates; | | | 23| 10. Discussing contract negotiations involving contracts | | | 24|requiring approval of the State Board of Corrections, which shall be | | | Req. No. 6593 Page 2 ___________________________________________________________________________
1|limited to members of the public body, the attorney for the public | | | 2|body, and the immediate staff of the public body. No person who may | | | 3|profit directly or indirectly by a proposed transaction which is | | | 4|under consideration may be present or participate in the executive | | | 5|session;or| | | 6|11. Discussing the following: | | | 7| a. the investigation of a plan or scheme to commit an | | | 8| act of terrorism, | | | 9| b. assessments of the vulnerability of government | | | 10| facilities or public improvements to an act of | | | 11| terrorism, | | | 12| c. plans for deterrence or prevention of or protection | | | 13| from an act of terrorism, | | | 14| d. plans for response or remediation after an act of | | | 15| terrorism, | | | 16| e. information technology of the public body but only if | | | 17| the discussion specifically identifies: | | | 18| (1) design or functional schematics that demonstrate | | | 19| the relationship or connections between devices | | | 20| or systems, | | | 21| (2) system configuration information, | | | 22| (3) security monitoring and response equipment | | | 23| placement and configuration, | | | 24| | | | Req. No. 6593 Page 3 ___________________________________________________________________________
1| (4) specific location or placement of systems, | | | 2| components or devices, | | | 3| (5) system identification numbers, names, or | | | 4| connecting circuits, | | | 5| (6) business continuity and disaster planning, or | | | 6| response plans, or | | | 7| (7) investigation information directly related to | | | 8| security penetrations or denial of services, or | | | 9| f. the investigation of an act of terrorism that has | | | 10| already been committed; or | | | 11| 12. Self-evaluation of the public body. | | | 12|For the purposes of this subsection, the term "terrorism" means any | | | 13|act encompassed by the definitions set forth in Section 1268.1 of | | | 14|Title 21 of the Oklahoma Statutes. | | | 15| C. Notwithstanding the provisions of subsection B of this | | | 16|section, the following public bodies may hold executive sessions: | | | 17| 1. The State Banking Board, as provided for under Section 306.1 | | | 18|of Title 6 of the Oklahoma Statutes; | | | 19| 2. The Oklahoma Industrial Finance Authority, as provided for | | | 20|in Section 854 of Title 74 of the Oklahoma Statutes; | | | 21| 3. The Oklahoma Development Finance Authority, as provided for | | | 22|in Section 5062.6 of Title 74 of the Oklahoma Statutes; | | | 23| | | | 24| | | | Req. No. 6593 Page 4 ___________________________________________________________________________
1| 4. The Oklahoma Center for the Advancement of Science and | | | 2|Technology, as provided for in Section 5060.7 of Title 74 of the | | | 3|Oklahoma Statutes; | | | 4| 5. The Oklahoma Health Research Committee for purposes of | | | 5|conferring on matters pertaining to research and development of | | | 6|products, if public disclosure of the matter discussed would | | | 7|interfere with the development of patents, copyrights, products, or | | | 8|services; | | | 9| 6. The Workers' Compensation Commission for the purposes | | | 10|provided for in Section 20 of Title 85A of the Oklahoma Statutes; | | | 11| 7. A review committee, as provided for in Section 855 of Title | | | 12|62 of the Oklahoma Statutes; | | | 13| 8. The Child Death Review Board for purposes of receiving and | | | 14|conferring on matters pertaining to materials declared confidential | | | 15|by law; | | | 16| 9. The Domestic Violence Fatality Review Board as provided in | | | 17|Section 1601 of Title 22 of the Oklahoma Statutes; | | | 18| 10. The Opioid Overdose Fatality Review Board, as provided in | | | 19|Section 2-1001 of Title 63 of the Oklahoma Statutes; | | | 20| 11. All nonprofit foundations, boards, bureaus, commissions, | | | 21|agencies, trusteeships, authorities, councils, committees, public | | | 22|trusts, task forces or study groups supported in whole or part by | | | 23|public funds or entrusted with the expenditure of public funds for | | | 24|purposes of conferring on matters pertaining to economic development | | | Req. No. 6593 Page 5 ___________________________________________________________________________
1|including the transfer of property, financing, or the creation of a | | | 2|proposal to entice a business to remain or to locate within their | | | 3|jurisdiction if public disclosure of the matter discussed would | | | 4|interfere with the development of products or services or if public | | | 5|disclosure would violate the confidentiality of the business; | | | 6| 12. The Oklahoma Indigent Defense System Board for purposes of | | | 7|discussing negotiating strategies in connection with making possible | | | 8|counteroffers to offers to contract to provide legal representation | | | 9|to indigent criminal defendants and indigent juveniles in cases for | | | 10|which the System must provide representation pursuant to the | | | 11|provisions of the Indigent Defense Act; | | | 12| 13. The Quality Investment Committee for purposes of discussing | | | 13|applications and confidential materials pursuant to the terms of the | | | 14|Oklahoma Quality Investment Act; | | | 15| 14. The Oklahoma Municipal Power Authority established pursuant | | | 16|to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and | | | 17|in its role as an electric utility regulated by the federal | | | 18|government, for purposes of discussing security plans and procedures | | | 19|including, but not limited to, cybersecurity matters; and | | | 20| 15. The Oklahoma Tax Commission for purposes of discussing | | | 21|confidential taxpayer matters as provided in Section 205 of Title 68 | | | 22|of the Oklahoma Statutes, and in compliance with subsection E of | | | 23|this section. | | | 24| | | | Req. No. 6593 Page 6 ___________________________________________________________________________
1| D. Except as otherwise specified in this subsection, an | | | 2|executive session for the purpose of discussing the purchase or | | | 3|appraisal of real property shall be limited to members of the public | | | 4|body, the attorney for the public body and the immediate staff of | | | 5|the public body. No landowner, real estate salesperson, broker, | | | 6|developer or any other person who may profit directly or indirectly | | | 7|by a proposed transaction concerning real property which is under | | | 8|consideration may be present or participate in the executive | | | 9|session, unless they are operating under an existing agreement to | | | 10|represent the public body. | | | 11| E. No public body may go into an executive session unless the | | | 12|following procedures are strictly complied with: | | | 13| 1. The proposed executive session is noted on the agenda as | | | 14|provided in Section 311 of this title; | | | 15| 2. The executive session is authorized by a majority vote of a | | | 16|quorum of the members present and the vote is a recorded vote; and | | | 17| 3. Except for matters considered in executive sessions of the | | | 18|State Banking Board and the Oklahoma Tax Commission, and which are | | | 19|required by state or federal law to be confidential, any vote or | | | 20|action on any item of business considered in an executive session | | | 21|shall be taken in public meeting with the vote of each member | | | 22|publicly cast and recorded. | | | 23| F. A willful violation of the provisions of this section shall: | | | 24| | | | Req. No. 6593 Page 7 ___________________________________________________________________________
1| 1. Subject each member of the public body to criminal sanctions | | | 2|as provided in Section 314 of this title; and | | | 3| 2. Cause the minutes and all other records of the executive | | | 4|session including tape recordings, to be immediately made public. | | | 5| SECTION 2. This act shall become effective November 1, 2023. | | | 6| | | | 7| 59-1-6593 MAH 01/11/23 | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6593 Page 8