Senate Bill 28

STATE OF OKLAHOMA

1st Session of the 50th Legislature (2005)

SENATE BILL 28 By: Wyrick

AS INTRODUCED

An Act relating to Homeland Security; amending 25 O.S. 2001, Section 304, which relates to the Oklahoma Open Meeting Act; exempting the Oklahoma Office of Homeland Security from provisions of the act; modifying outline form of definitions; amending 51 O.S. 2001, Section 24A.3, as last amended by Section 1, Chapter 328, O.S.L. 2004 (51 O.S. Supp. 2004, Section 24A.3), which relates to the Oklahoma Open Records Act; exempting the Oklahoma Office of Homeland Security from provisions of the act; modifying outline form of definitions; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 3. AMENDATORY 25 O.S. 2001, Section 304, is amended to read as follows:

Section 304. As used in the Oklahoma Open Meeting Act:

1. “Public body” means the governing bodies of all municipalities located within this state, boards of county commissioners of the counties in this state, boards of public and higher education in this state and all boards, bureaus, commissions, agencies, trusteeships, authorities, councils, committees, public trusts or any entity created by a public trust, task forces or study groups in this state supported in whole or in part by public funds or entrusted with the expending of public funds, or administering public property, and shall include all committees or subcommittees of any public body. It Public body shall does not mean:

a. the state judiciary,

b. the Council on Judicial Complaints when conducting, discussing, or deliberating any matter relating to a complaint received or filed with the Council,

c. the Legislature, or

d. administrative staffs of public bodies, including, but not limited to, faculty meetings and athletic staff meetings of institutions of higher education when those staffs are not meeting with the public body, or entry-year assistance committees. Furthermore, it shall not mean,

e. the multidisciplinary team provided for in subsection C of Section 1-502.2 of Title 63 of the Oklahoma Statutes or any school board meeting for the sole purpose of considering recommendations of a multidisciplinary team and deciding the placement of any child who is the subject of such recommendations. Furthermore, it shall not mean,

f. meetings conducted by stewards designated by the Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title 3A of the Oklahoma Statutes when the stewards are officiating at races or otherwise enforcing rules of the Commission, or

g. the Oklahoma Office of Homeland Security;

2. “Meeting” means the conduct of business of a public body by a majority of its members being personally together or, as authorized by Section 307.1 of this title, together pursuant to a teleconference;

3. “Regularly scheduled meeting” means a meeting at which the regular business of the public body is conducted;

4. “Special meeting” means any meeting of a public body other than a regularly scheduled meeting or emergency meeting;

5. “Emergency meeting” means any meeting called for the purpose of dealing with an emergency. For purposes of this act, an emergency is defined as a situation involving injury to persons or injury and damage to public or personal property or immediate financial loss when the time requirements for public notice of a special meeting would make such procedure impractical and increase the likelihood of injury or damage or immediate financial loss;

6. “Continued or reconvened meeting” means a meeting which is assembled for the purpose of finishing business appearing on an agenda of a previous meeting. For the purposes of this act, only matters on the agenda of the previous meeting at which the announcement of the continuance is made may be discussed at a continued or reconvened meeting; and

7. “Teleconference” means a conference among members of a public body remote from one another who are linked by interactive telecommunication devices permitting both visual and auditory communication between and among members of the public body and members of the public.

SECTION 3. AMENDATORY 51 O.S. 2001, Section 24A.3, as last amended by Section 1, Chapter 328, O.S.L. 2004 (51 O.S. Supp. 2004, Section 24A.3), is amended to read as follows:

Section 24A.3 Definitions. As used in this act:

1. “Record” means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property. “Record” does not mean computer software, nongovernment personal effects or, unless public disclosure is required by other laws or regulations, vehicle movement records of the Oklahoma Transportation Authority obtained in connection with the Authority's electronic toll collection system, personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, obtaining a license, permit, or for the purpose of becoming qualified to contract with a public body. “Record” does not mean any digital audio/video recordings of the toll collection and safeguarding activities of the Oklahoma Transportation Authority. “Record” does not mean any personal information provided by a guest at any facility owned or operated by the Oklahoma Tourism and Recreation Department or the Board of Trustees of the Quartz Mountain Arts and Conference Center and Nature Park to obtain any service at such facility or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Department or the Quartz Mountain Arts and Conference Center and Nature Park. “Record” does not mean a Department of Defense Form 214 (DD Form 214) filed with a county clerk, including any DD Form 214 filed before the effective date of this act;

2. “Public body” shall include, but not be limited to, any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or any entity created by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof. Except for the records required by Section 24A.4 of this title, “public body” does not mean:

a. judges,

b. justices,

c. the Council on Judicial Complaints,

d. the Legislature, or

e. legislators, or

f. the Oklahoma Office of Homeland Security;

3. “Public office” means the physical location where public bodies conduct business or keep records;

4. “Public official” means any official or employee of any public body as defined herein; and

5. “Law enforcement agency” means any public body charged with enforcing state or local criminal laws and initiating criminal prosecutions, including, but not limited to, police departments, county sheriffs, the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, and the Oklahoma State Bureau of Investigation.

SECTION 3. It being immediately necessary for the preservation of the public peace, health and 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.

50-1-1019 TDS 02/04/200538387.93