STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1641	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to government contractors; requiring certain contracts for performance of governmental functions and related information comply with Oklahoma Open Records Act; requiring certain information to be kept; requiring access to records; requiring meetings to comply with the Oklahoma Open Meeting Act; stating exception; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 9040.2 of Title 74, unless there is created a duplication in numbering, reads as follows:
A.  Each service contract in excess of One Thousand Dollars ($1,000.00) between a state agency and a person or company for the performance of a governmental function shall:
1.  Provide that the state agency is entitled to receive a copy of records and files related to the performance of the governmental function; and
2.  Indicate that such records and files are subject to the Oklahoma Open Records Act and may be disclosed by the state agency pursuant to the Oklahoma Open Records Act.
B.  Additionally, any contractor doing business with an agency of this state shall:
1.  Keep and maintain the public records that ordinarily and necessarily would be kept and maintained by such agency in order to perform the service or activity;
2.  Provide the agency with access to such public records on the same terms and conditions that the agency would provide the records, and at a cost that does not exceed costs as defined in the Oklahoma Open Records Act or as otherwise provided by law; and
3.  Abide by the provisions of the Oklahoma Open Meeting Act, ensuring that any and all meetings between the private contractor and officials acting on behalf of the state are open to the public.
C.  Nothing contained herein shall apply to any full-time or part-time employees of any state agency.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-2960	MJM	1/15/2014 4:13:16 PM