Old	New	Differences
1	1
2	2
3	3	Req. No. 6190 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 1758 By: Ranson
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to virtual meetings; providing for
41	41	virtual attendance; allowing virtual presence to
42	42	count toward quorum; amending 25 O.S. 2011, Section
43	43	307.1, as last amended by Section 3, Chapter 3,
44	44	O.S.L. 2020 (25 O.S. Supp. 2020, Section 307.1),
45	45	which relates to teleconferences and
46	46	videoconferences; modifying provisions related to
47	47	meetings by videoconference; striking reference to
48	48	certain date; providing for public meetings by
49	49	teleconference and videoconference; requiring a
50	50	quorum; and providing an effective date .
51	51
52	52
53	53
54	54
55	55
56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of law to be codified
58	58	in the Oklahoma Statutes as Section 420 of Title 18, unless there is
59	59	created a duplication in numbering, reads as follows:
60	60	Any corporation, business or enterprise required to hold member
61	61	meetings, board meetings, district meetings or ann ual meetings may,
62	62	in their discretion and subject to their bylaws, use virtual
63	63	attendance as a method to meet and conduct business and to count
64	64	individuals participating by virtual presence toward quorum
65	65	requirements.
66	66
67	67	Req. No. 6190 Page 2 1
68	68	2
69	69	3
70	70	4
71	71	5
72	72	6
73	73	7
74	74	8
75	75	9
76	76	10
77	77	11
78	78	12
79	79	13
80	80	14
81	81	15
82	82	16
83	83	17
84	84	18
85	85	19
86	86	20
87	87	21
88	88	22
89	89	23
90	90	24
91	91
92	92	SECTION 2. AMENDATORY 25 O.S. 2011, Section 307.1, as
93	93	last amended by Section 3, Chapter 3, O.S.L. 2020 (25 O.S. Supp.
94	94	2020, Section 307.1), is amended to read as follows:
95	95	Section 307.1 A. Except as provided in subsections C and D of
96	96	this section, a public body may hold meetings by videoconference
97	97	where each member of the public body is visible and audible to each
98	98	other and the public through a video monitor, subject to the
99	99	following:
100	100	1. a. except as provided for in subparagraph b of this
101	101	paragraph, no less than a q uorum of the public body
102	102	shall be present in person at the meeting site as
103	103	posted on the meeting notice and agenda,
104	104	b. a virtual charter school approved and sponsored by the
105	105	Statewide Virtual Charter School Board pursuant to the
106	106	provisions of Section 3 -145.3 of Title 70 of the
107	107	Oklahoma Statutes shall maintain a quorum of members
108	108	for the entire duration of the meeting whether using
109	109	an in-person site, videoconference sites or any
110	110	combination of such sites to achieve a quorum; and
111	111	c. each public meeting held b y videoconference or
112	112	teleconference shall be recorded either by written,
113	113	electronic, or other means;
114	114
115	115	Req. No. 6190 Page 3 1
116	116	2
117	117	3
118	118	4
119	119	5
120	120	6
121	121	7
122	122	8
123	123	9
124	124	10
125	125	11
126	126	12
127	127	13
128	128	14
129	129	15
130	130	16
131	131	17
132	132	18
133	133	19
134	134	20
135	135	21
136	136	22
137	137	23
138	138	24
139	139
140	140	2. The meeting notice and agenda prepared in advance of the
141	141	meeting, as required by law, shall indicate if the meeting will
142	142	include videoconferencing loca tions and shall state:
143	143	a. the location, address, and telephone number of each
144	144	available videoconference site, and
145	145	b. the identity of each member of the public body and the
146	146	specific site from which each member of the body shall
147	147	be physically present and par ticipating in the
148	148	meeting;
149	149	3. After the meeting notice and agenda are prepared and posted,
150	150	as required by law, no member of the public body shall be allowed to
151	151	participate in the meeting from any location other than the specific
152	152	location posted on the age nda in advance of the meeting;
153	153	4. In order to allow the public the maximum opportunity to
154	154	attend and observe each public official carrying out the duties of
155	155	the public official, a member or members of a public body desiring
156	156	to participate in a meeting by videoconference shall participate in
157	157	the videoconference from a site and room located within the district
158	158	or political subdivision from which they are elected, appointed, or
159	159	are sworn to represent;
160	160	5. Each site and room where a member of the public body i s
161	161	present for a meeting by videoconference shall be open and
162	162	accessible to the public, and the public shall be allowed into that
163	163	site and room. Public bodies may provide additional videoconference
164	164
165	165	Req. No. 6190 Page 4 1
166	166	2
167	167	3
168	168	4
169	169	5
170	170	6
171	171	7
172	172	8
173	173	9
174	174	10
175	175	11
176	176	12
177	177	13
178	178	14
179	179	15
180	180	16
181	181	17
182	182	18
183	183	19
184	184	20
185	185	21
186	186	22
187	187	23
188	188	24
189	189
190	190	sites as a convenience to the public, but additional sites shall not
191	191	be used to exclude or discourage public attendance at any
192	192	videoconference site;
193	193	6. The public shall be allowed to participate and speak, as
194	194	allowed by rule or policy set by the public body, in a meeting at
195	195	the videoconference site in the same m anner and to the same extent
196	196	as the public is allowed to participate or speak at the site of the
197	197	meeting;
198	198	7. Any materials shared electronically between members of the
199	199	public body, before or during the videoconference, shall also be
200	200	immediately available to the public in the same form and manner as
201	201	shared with members of the public body; and
202	202	8. All votes occurring during any meeting conducted using
203	203	videoconferencing shall occur and be recorded by roll call vote.
204	204	B. No public body shall conduct an executi ve session by
205	205	videoconference.
206	206	C. Upon the effective date of this act and until November 15,
207	207	2020, or the Governor declaring the state of emergency to be
208	208	terminated, whichever date first occurs, the provisions of this
209	209	subsection and subsection D shall ope rate as law in this state.
210	210	1. A public body may hold meetings by teleconference or
211	211	videoconference if each member of the public body is audible or
212	212	visible to each other and the public, subject to the following:
213	213	a. for
214	214
215	215	Req. No. 6190 Page 5 1
216	216	2
217	217	3
218	218	4
219	219	5
220	220	6
221	221	7
222	222	8
223	223	9
224	224	10
225	225	11
226	226	12
227	227	13
228	228	14
229	229	15
230	230	16
231	231	17
232	232	18
233	233	19
234	234	20
235	235	21
236	236	22
237	237	23
238	238	24
239	239
240	240	1. The public body, including , but not limited to, a virtual
241	241	charter school approved and sponsored by the Statewide Virtual
242	242	Charter School Board pursuant to the provisions of the Oklahoma
243	243	Statutes, the public body shall maintain a quorum of members for the
244	244	entire duration of the meeting whet her using an in-person site,
245	245	teleconference, or videoconference or any combination of such sites
246	246	to achieve a quorum,; and
247	247	b. if
248	248	2. If the meeting is held using either teleconference or
249	249	videoconference capabilities, and at any time the audio connection
250	250	is disconnected, the meeting shall be stopped and reconvened once
251	251	the audio connection is restored ;.
252	252	2. B. The meeting notice and agenda prepared in advance of the
253	253	meeting, as required by law, shall indicate if the meeting will
254	254	include teleconferencing or v ideoconferencing and shall also state:
255	255	a. each
256	256	1. Each public body member appearing remotely and the method of
257	257	each member's remote appearance,; and
258	258	b. the
259	259	2. The identity of the public body member or members who will
260	260	be physically present at the meeting site, if any;.
261	261	3. C. After the meeting notice and agenda are prepared and
262	262	posted as required by law, public body members shall not be
263	263	permitted to alter their method of attendance; provided, however,
264	264
265	265	Req. No. 6190 Page 6 1
266	266	2
267	267	3
268	268	4
269	269	5
270	270	6
271	271	7
272	272	8
273	273	9
274	274	10
275	275	11
276	276	12
277	277	13
278	278	14
279	279	15
280	280	16
281	281	17
282	282	18
283	283	19
284	284	20
285	285	21
286	286	22
287	287	23
288	288	24
289	289
290	290	those members who were identified as appearing remotel y may be
291	291	permitted to physically appear at the meeting site, if any, for the
292	292	meeting;.
293	293	4. D. The public body shall be allowed to participate and
294	294	speak, as allowed by rule or policy set by the public body, in a
295	295	meeting which utilizes teleconference or vide oconference in the same
296	296	manner and to the same extent as the public is allowed to
297	297	participate or speak during a meeting where all public body members
298	298	are physically present together at the meeting site ;.
299	299	5. E. Any materials shared electronically between m embers of
300	300	the public body during a meeting utilizing teleconferencing or
301	301	videoconferencing shall also be immediately available to the public
302	302	in the same form as shared with the members of the public body ; and.
303	303	6. F. All votes occurring during any meeting utilizing
304	304	teleconference or videoconference shall occur and be recorded by
305	305	roll call votes.
306	306	D. G. Public bodies are permitted to conduct an executive
307	307	session by teleconference or videoconference. For such executive
308	308	sessions, no public body member is requ ired to be physically present
309	309	so long as each public body member is audible or visible to each
310	310	other. The meeting notice and agenda prepared in advance of the
311	311	meeting as required by law shall indicate if the executive session
312	312	will include teleconferencing or videoconferencing and shall also
313	313	state the identity of each public body member appearing remotely,
314	314
315	315	Req. No. 6190 Page 7 1
316	316	2
317	317	3
318	318	4
319	319	5
320	320	6
321	321	7
322	322	8
323	323	9
324	324	10
325	325	11
326	326	12
327	327	13
328	328	14
329	329	15
330	330	16
331	331	17
332	332	18
333	333	19
334	334	20
335	335	21
336	336	22
337	337	23
338	338	24
339	339
340	340	the method of each member 's remote appearance, and whether any
341	341	member will be physically present at the meeting site, if any, for
342	342	the executive session.
343	343	SECTION 3. This act shall become effective November 1, 2021.
344	344
345	345	58-1-6190 AB 01/15/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1758 Compare Versions