STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2161	By: Nelson	

AS INTRODUCED

An Act relating to state government; amending 74 O.S. 2011, Section 150.5, which relates to confidential records of the Oklahoma State Bureau of Investigation; providing exception to certain confidentiality restriction; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2011, Section 150.5, is amended to read as follows:
Section 150.5  A.  1.  Oklahoma State Bureau of Investigation investigations not covered under Section 150.2 of this title shall be initiated at the request of the following persons:
a.	the Governor,
b.	the Attorney General,
c.	the Council on Judicial Complaints upon a vote by a majority of the Council,
d.	the chair of any Legislative Investigating Committee which has been granted subpoena powers by resolution, upon authorization by a vote of the majority of the Committee,
e.	the Director of the Department of Human Services, or designee, as authorized by Section 1-2-105 of Title 10A of the Oklahoma Statutes, or
f.	a district court judge as authorized by Section 1-2-103 of Title 10A of the Oklahoma Statutes.
2.  Requests for investigations shall be submitted in writing and shall contain specific allegations of wrongdoing under the laws of the State of Oklahoma.
B.  The Governor may initiate special background investigations with the written consent of the person who is the subject of the investigation.
C.  The chair of any Senate committee which is fulfilling the statutory responsibility for approving nominations made by the Governor may, upon a vote by a majority of the committee and with the written consent of the person who is to be the subject of the investigation, initiate a special background investigation of any nominee for the Oklahoma Horse Racing Commission as established by Section 201 of Title 3A of the Oklahoma Statutes or any nominee for the Board of Trustees of the Oklahoma Lottery Commission as established by Section 704 of Title 3A of the Oklahoma Statutes.  The Bureau shall submit a report to the committee within thirty (30) days of the receipt of the request.  Any consideration by the committee of a report from the Bureau shall be for the exclusive use of the committee and shall be considered only in executive session.
D.  1.  All records relating to any investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title, shall be confidential and shall not be open to the public or to the Commission except as provided in Section 150.4 of this title; provided, however, officers and agents of the Bureau may disclose, at the discretion of the Director, such investigative information to:
a.	officers and agents of federal, state, county, or municipal law enforcement agencies and to district attorneys, in the furtherance of criminal investigations within their respective jurisdictions,
b.	employees of the Department of Human Services in the furtherance of child abuse investigations, and
c.	appropriate accreditation bodies for the purposes of the Bureau’s obtaining or maintaining accreditation, and
d.	any member of the Legislature approved in writing by the Speaker of the Oklahoma House of Representatives or President Pro Tempore of the Oklahoma State Senate in furtherance of developing state agency policy reforms.
2.  Any unauthorized disclosure of any information contained in the confidential files of the Bureau shall be a misdemeanor.  The person or entity authorized to initiate investigations in this section, and the Attorney General in the case of investigations initiated by the Insurance Commissioner, shall receive a report of the results of the requested investigation.  The person or entity requesting the investigation may give that information only to the appropriate prosecutorial officer or agency having statutory authority in the matter if that action appears proper from the information contained in the report, and shall not reveal or give such information to any other person or agency.  Violation hereof shall be deemed willful neglect of duty and shall be grounds for removal from office.
E.  It shall not be a violation of this section to reveal otherwise confidential information to outside agencies or individuals who are providing interpreter services, questioned document analysis, laboratory services, or other specialized services that are necessary in the assistance of Bureau investigations.  Individuals or agencies receiving the confidential and investigative information or records or results of laboratory services provided to the Bureau by those agencies or individuals, shall be subject to the confidentiality provisions and requirements established in subsection D of this section.
F.  It shall not be a violation of this section to reveal for training or educational purposes otherwise confidential information from records relating to any investigation previously conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title, so long as ten (10) or more years have passed since the production of the information or record.
G.  It shall not be a violation of this section to reveal otherwise confidential information from records relating to any investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title or to the public, provided, release of the confidential information has been authorized by the Director of the Bureau for the purposes of developing or obtaining further information reasonably necessary to the successful conclusion of a criminal investigation being conducted by the Bureau or authorized by the Director of the Bureau for the purpose of advising crime victims or family representatives of homicide victims regarding the status of a pending investigation.
H.  The State Treasurer shall initiate a complete background investigation of the positions with the written consent of the persons who are the subject of the investigation pursuant to subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes.  The Bureau shall advise the State Treasurer and the Cash Management and Investment Oversight Commission in writing of the results of the investigation.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-6439	GRS	01/07/13