STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1379	By:	Virgin

AS INTRODUCED

An Act relating to executive sessions; amending 25 O.S. 2011, Section 307, which relates to executive sessions; expanding purposes for which executive session of public bodies may be permitted; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     25 O.S. 2011, Section 307, is amended to read as follows:
Section 307.  A.  No public body shall hold executive sessions unless otherwise specifically provided in this section.
B.  Executive sessions of public bodies will be permitted only for the purpose of:
1.  Discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee;
2.  Discussing negotiations concerning employees and representatives of employee groups;
3.  Discussing the purchase or appraisal of real property;
4.  Confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body, with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest;
5.  Permitting district boards of education to hear evidence and discuss the expulsion or suspension of a student when requested by the student involved or the student’s parent, attorney or legal guardian;
6.  Discussing matters involving a specific handicapped child;
7.  Discussing any matter where disclosure of information would violate confidentiality requirements of state or federal law;
8.  Engaging in deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act; or
9.  Discussing the following:
a.	the investigation of a plan or scheme to commit an act of terrorism,
b.	assessments of the vulnerability of government facilities or public improvements to an act of terrorism,
c.	plans for deterrence or prevention of or protection from an act of terrorism,
d.	plans for response or remediation after an act of terrorism,
e.	information technology of the public body but only if the discussion specifically identifies:
(1)	design or functional schematics that demonstrate the relationship or connections between devices or systems,
(2)	system configuration information,
(3)	security monitoring and response equipment placement and configuration,
(4)	specific location or placement of systems, components or devices,
(5)	system identification numbers, names, or connecting circuits,
(6)	business continuity and disaster planning, or response plans, or
(7)	investigation information directly related to security penetrations or denial of services, or
f.	the investigation of an act of terrorism that has already been committed;
10.  Self-evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member;
11.  Discussing strategy with respect to administrative efficiencies and school consolidation; or
12.  Discussing matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity.
For the purposes of this subsection, the term “terrorism” means any act encompassed by the definitions set forth in Section 1268.1 of Title 21 of the Oklahoma Statutes.
C.  Notwithstanding the provisions of subsection B of this section, the following public bodies may hold executive sessions:
1.  The State Banking Board, as provided for under Section 306.1 of Title 6 of the Oklahoma Statutes;
2.  The Oklahoma Industrial Finance Authority, as provided for in Section 854 of Title 74 of the Oklahoma Statutes;
3.  The Oklahoma Development Finance Authority, as provided for in Section 5062.6 of Title 74 of the Oklahoma Statutes;
4.  The Oklahoma Center for the Advancement of Science and Technology, as provided for in Section 5060.7 of Title 74 of the Oklahoma Statutes;
5.  The Oklahoma Savings and Loan Board, as provided for under subsection A of Section 381.74 of Title 18 of the Oklahoma Statutes;
6.  The Oklahoma Health Research Committee for purposes of conferring on matters pertaining to research and development of products, if public disclosure of the matter discussed would interfere with the development of patents, copyrights, products, or services;
7.  A review committee, as provided for in Section 855 of Title 62 of the Oklahoma Statutes;
8.  The Child Death Review Board for purposes of receiving and conferring on matters pertaining to materials declared confidential by law;
9.  The Domestic Violence Fatality Review Board as provided in Section 1601 of Title 22 of the Oklahoma Statutes;
10.  All nonprofit foundations, boards, bureaus, commissions, agencies, trusteeships, authorities, councils, committees, public trusts, task forces or study groups supported in whole or part by public funds or entrusted with the expenditure of public funds for purposes of conferring on matters pertaining to economic development, including the transfer of property, financing, or the creation of a proposal to entice a business to remain or to locate within their jurisdiction if public disclosure of the matter discussed would interfere with the development of products or services or if public disclosure would violate the confidentiality of the business;
11.  The Oklahoma Indigent Defense System Board for purposes of discussing negotiating strategies in connection with making possible counteroffers to offers to contract to provide legal representation to indigent criminal defendants and indigent juveniles in cases for which the System must provide representation pursuant to the provisions of the Indigent Defense System Act; and
12.  The Quality Investment Committee for purposes of discussing applications and confidential materials pursuant to the terms of the Oklahoma Quality Investment Act.
D.  An executive session for the purpose of discussing the purchase or appraisal of real property shall be limited to members of the public body, the attorney for the public body, and the immediate staff of the public body.  No landowner, real estate salesperson, broker, developer, or any other person who may profit directly or indirectly by a proposed transaction concerning real property which is under consideration may be present or participate in the executive session.
E.  No public body may go into an executive session unless the following procedures are strictly complied with:
1.  The proposed executive session is noted on the agenda as provided in Section 311 of this title;
2.  The executive session is authorized by a majority vote of a quorum of the members present and the vote is a recorded vote; and
3.  Except for matters considered in executive sessions of the State Banking Board and the Oklahoma Savings and Loan Board, and which are required by state or federal law to be confidential, any vote or action on any item of business considered in an executive session shall be taken in public meeting with the vote of each member publicly cast and recorded.
F.  A willful violation of the provisions of this section shall:
1.  Subject each member of the public body to criminal sanctions as provided in Section 314 of this title; and
2.  Cause the minutes and all other records of the executive session, including tape recordings, to be immediately made public.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-5540	AM	12/20/12