ENGROSSED SENATE
BILL NO. 1120 	By:	Sykes of the Senate

			and

		Terrill of the House

[ law enforcement - executive sessions - officers and deputies - 		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     25 O.S. 2001, Section 307, as last amended by Section 11, Chapter 1, O.S.L. 2006 (25 O.S. Supp. 2008, 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.
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; and
13.  All law enforcement boards, bureaus, commissions and task forces for purposes of discussing ongoing criminal investigations, targets or pending legal cases.
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.     AMENDATORY     51 O.S. 2001, Section 6, as last amended by Section 1, Chapter 170, O.S.L. 2007 (51 O.S. Supp. 2008, 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, campus police, tribal law enforcement or peace officers operating under one or more cross-deputization agreements with each other or 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 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 who is elected or appointed to a local board of education or to a municipal board, commission or similar entity; and
27.  Members of the Oklahoma State University Medical Center Authority or the Oklahoma State University Medical Trust.
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 3.  This act shall become effective November 1, 2009.
Passed the Senate the 10th day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives