A. For purposes of the Government Transparency Act of 2019, "state agency" shall have the same meaning pursuant to Section 3301 of Title 74 of the Oklahoma Statutes.
B. Upon the effective date of this act, a state agency entering into a Memorandum of Understanding or Memorandum of Agreement with any agency, department or any organization receiving appropriated money, grants, contracts from the State of Oklahoma or any other state or funds from the government of the United States shall publish a report on its website and the documents.ok.gov website of all Memorandums of Understanding or Memorandums of Agreement within fifteen (15) business days of the Memorandum's effective date. The report shall contain a detailed accounting of each Memorandum of Understanding or Memorandum of Agreement which shall include:
1. The effective date of the Memorandum of Understanding or Memorandum of Agreement;
2. The duration of the Memorandum of Understanding or Memorandum of Agreement;
3. The entities subject to the Memorandum of Understanding or Memorandum of Agreement;
4. The purpose of the Memorandum of Understanding or Memorandum of Agreement; and
5. The constitutional or statutory provisions allowing for the subject addressed in the Memorandum of Understanding or Memorandum of Agreement.
C. When any state agency enters into a Memorandum of Understanding or Memorandum of Agreement, and when the state Legislature is in session, the state agency shall provide the chair of the appropriate legislative committee, based on the subject matter or agency executing the document, with a copy of the Memorandum of Understanding or Memorandum of Agreement.
D. Provided, the state agency may not publish any such report on a Memorandum of Understanding or Memorandum of Agreement that is privileged under law pursuant to the Oklahoma Open Records Act. However, a report shall still be published to indicate what entities are subject to the privileged Memorandum of Understanding or Memorandum of Agreement and its duration.
E. Memorandums of Understanding or Memorandums of Agreement solely between departments or agencies of this state shall cite the state constitutional or statutory authority granted for the subject addressed in the Memorandum of Understanding or Memorandum of Agreement. Memorandums of Understanding or Memorandums of Agreement between any agencies, departments and any organizations receiving appropriated money, grants, contracts from the State of Oklahoma or any other state, or funds from the government of the United States shall cite the authority granted by federal or state statute and/or in the Constitution of the United States as well as the Constitution of the State of Oklahoma for the subject addressed in the Memorandum of Understanding or Memorandum of Agreement.
Added by Laws 2019, c. 121, § 2, eff. Nov. 1, 2019.
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