ENROLLED HOUSE
BILL NO. 1594	By:		Vaughan and Johnson of the House

			and

		Brecheen of the Senate

An Act relating to officers; amending 51 O.S. 2011, Section 6, as amended by Section 1, Chapter 118, O.S.L. 2012 (51 O.S. Supp. 2012, Section 6), which relates to dual office holding; adding certain exemption for game wardens; amending 51 O.S. 2011, Section 24A.23, which relates to the Oklahoma Open Records Act; providing exemption for certain information; requiring the Department of Wildlife Conservation to disclose in a timely manner certain deer harvest information; allowing hunters a choice on the release of certain information; prohibiting the release of certain information; and declaring an emergency.

SUBJECT:  Wildlife Conservation

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

SECTION 1.     AMENDATORY     51 O.S. 2011, Section 6, as amended by Section 1, Chapter 118, O.S.L. 2012 (51 O.S. Supp. 2012, Section 6), is amended to read as follows:

Section 6.  A.  Except as may be otherwise provided, no person holding an office under the laws of the state and no deputy of any officer so holding any office shall, during the person's term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state.  The provisions of this section shall not apply to:
1.  Notaries public;

2.  Members of the State Textbook Committee;

3.  County free fair board members;

4.  Municipal and county law enforcement officers serving in positions as law enforcement officers of both such governmental entities upon such terms and conditions as are mutually approved by resolutions adopted by the board of county commissioners and governing body of the municipality employing such officers;

5.  Any person holding a county or municipal office or position, or membership on any public trust authority, who is a member of a board or commission that relates to federal, state, county or municipal government and is created by the United States Government, the State of Oklahoma or a political subdivision of the state, except where the duties of the offices or positions conflict;

6.  Any elected municipal officers and school board members who are appointed to a state board, commission, or similar entity if there is no compensation for such services other than reimbursement for necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act;

7.  Any trustee of a public trust, who is appointed as a trustee of a different public trust or any trustee of the Tulsa County Public Facilities Authority who may also be employed by the Department of Transportation;

8.  Law enforcement officers employed by municipal or county law enforcement departments or agencies, other than those law enforcement officers elected or appointed as sheriff, chief of police or some similar position in which they are the head of a county or municipal law enforcement agency, who are elected to local boards of education; provided, the provisions of this paragraph shall not prohibit any law enforcement officer employed by a municipality having a population of ten thousand (10,000) or fewer people from serving as a member of a local board of education;

9.  Any member of the Oklahoma Highway Patrol Division of the Department of Public Safety who is elected to a local board of education;

10.  Any District Supervisor, Assistant District Supervisor, Team Supervisor, Parole Officer 1 or Parole Officer 2 of the Department of Corrections who is elected or appointed to a city council;

11.  Any trustee or director of a rural electric cooperative, or port authority who is appointed or elected to a state, county or municipal board, commission or similar entity;

12.  County employees who are elected as members of town or city councils;

13.  Municipal, county, state or tribal law enforcement or peace officers operating under cross-deputization agreements with an Indian tribe or branch of the federal government;

14.  Municipal or county law enforcement or peace officers serving in positions as campus police officers or campus public safety officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by resolution adopted by the governing body of the municipality or county and the governing board of the institution of higher education;

15.  State law enforcement or peace officers serving in positions as campus police officers or campus public safety officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by written agreement between the Commissioner of Public Safety and the governing board of the institution of higher education;

16.  Municipal and county law enforcement officers serving in positions as part-time rangers under the Oklahoma Tourism and Recreation Department;

17.  The Administrator of a Scenic Rivers Commission serving in the position of a park ranger under the Oklahoma Tourism and Recreation Department;

18.  Members of the University Hospitals Authority;

19.  Any person holding a state office or position who is a reserve force deputy sheriff, or a reserve special agent with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or a reserve municipal police officer;
20.  Any person holding a state office or position who serves as a special assistant district attorney without compensation;

21.  Any elected or appointed member of a local school board who is a member of a municipal planning commission;

22.  Any elected or appointed member of a local school board who is a member or an officer of a volunteer fire department;

23.  Directors or officers of a rural water district and chiefs of municipal fire departments or rural fire districts who are appointed or elected to an unsalaried office in a state, county, municipal, school, or technology center school board, commission, or similar entity, except where the duties of the office would create a conflict of interest;

24.  Any person who is a dispatcher or confinement officer at a municipal or county jail who is a noncompensated reserve municipal police officer or a reserve deputy sheriff;

25.  Any person who is an assistant district attorney serving as a municipal judge or prosecutor;

26.  Any park ranger under the Oklahoma Tourism and Recreation Department or any game warden or reserve game warden employed by the Department of Wildlife Conservation who is elected or appointed to a local board of education or to a municipal governing body, board, commission or similar entity;

27.  Members of the Oklahoma State University Medical Center Authority or the Oklahoma State University Medical Trust;

28.  Any member of the state Legislature or any state officer who serves on the board of trustees of the Oklahoma School for the Visual and Performing Arts; and

29.  Members of the Council on Judicial Complaints.

The provisions of this section shall not prohibit any person holding an office under the laws of the state or any deputy of any officer so holding any office from serving upon the board of Oklahoma Futures or upon the board of directors of the Oklahoma Center for the Advancement of Science and Technology.  The provisions of this section shall not prohibit a member of the board of directors of the Oklahoma Center for the Advancement of Science and Technology from serving upon the board of Oklahoma Futures.

B.  Any salaries, emoluments or benefits that would otherwise be paid by the agency or political subdivision to a loaned employee or officer shall instead be paid to the regular employer of such employee.  The loaned employee shall in turn be paid regular salary and benefits the same as if continuing regular employment with the permanent employer.

SECTION 2.     AMENDATORY     51 O.S. 2011, Section 24A.23, is amended to read as follows:

Section 24A.23  A.  The Department of Wildlife Conservation shall keep confidential the information provided by persons, including the name and address of the person, applying for or holding any permit or license issued by the Department, to the extent the information individually identifies the person.  The Department may use the information for Department purposes or allow the United States Fish and Wildlife Service to use the information for survey purposes only.  The Department shall allow any public body to have access to the information for purposes specifically related to the public bodies body's function.

B.  The provisions of subsection A of this section shall not apply to information provided by persons applying for or holding a commercial hunting or fishing license.

C.  The provisions of subsection A of this section shall not apply to information voluntarily provided by persons for promotional purposes by the Department.

D.  Based upon the information required to be submitted through the electronic game harvest check system for harvested deer, the Department shall publicly disclose, in a timely manner, online or in published listings, by county of harvest, an antler description of each deer harvested and the name of the hunter who harvested the deer.  The hunter shall be allowed to choose when entering the harvest information whether or not the name of the hunter is released.  The Department shall not release the name of the hunter if the hunter elects not to release that information.

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.
Passed the House of Representatives the 14th day of May, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 15th day of May, 2013.

	
	Presiding Officer of the Senate

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: _________________________________