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, Schreiber, 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 related to certain assessments to be kept confidential; requiring
school districts to undergo certain assessment by certain date; requiring
assessment to include certain recommendations; providing 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. 2022, Section 51.2b), which relates to the Oklahoma
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 declaring an emergency.
SUBJECT: School security
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 51 O.S. 2021,
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 facilities 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 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 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 terrorism 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, 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 removal 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,
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;
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
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; and
13. Risk and
vulnerability assessments 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:
1. Records related to
federal grants administered by the Oklahoma Office of Homeland Security or the
Department of Environmental Quality;
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 section, 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 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 procedures for perceived
or actual security threats and incidents on or impacting the campus.
SECTION 2.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 5-148.1 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A.
Except as provided for in subsection 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.
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 assessor 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
districts 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 follows:
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 school 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.
D.
The Department shall determine grant project criteria and establish a
process for the consideration of proposals.
The proposals shall be considered on a statewide competitive basis among
peer institutions. To be eligible for
an Oklahoma School Security Grant Program award, an institution of higher
learning, technology center school, public school, or private school 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 limited 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 include a list of the
recipients of Oklahoma School Security Grant Program awards and information 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,
health, 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.
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: _________________________________