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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1758 By: Ranson
AS INTRODUCED
An Act relating to virtual meetings; providing for
virtual attendance; allowing virtual presence to
count toward quorum; amending 25 O.S. 2011, Section
307.1, as last amended by Section 3, Chapter 3,
O.S.L. 2020 (25 O.S. Supp. 2020, Section 307.1),
which relates to teleconferences and
videoconferences; modifying provisions related to
meetings by videoconference; striking reference to
certain date; providing for public meetings by
teleconference and videoconference; requiring a
quorum; 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 420 of Title 18, unless there is
created a duplication in numbering, reads as follows:
Any corporation, business or enterprise required to hold member
meetings, board meetings, district meetings or ann ual meetings may,
in their discretion and subject to their bylaws, use virtual
attendance as a method to meet and conduct business and to count
individuals participating by virtual presence toward quorum
requirements.
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SECTION 2. AMENDATORY 25 O.S. 2011, Section 307.1, as
last amended by Section 3, Chapter 3, O.S.L. 2020 (25 O.S. Supp.
2020, Section 307.1), is amended to read as follows:
Section 307.1 A. Except as provided in subsections C and D of
this section, a public body may hold meetings by videoconference
where each member of the public body is visible and audible to each
other and the public through a video monitor, subject to the
following:
1. a. except as provided for in subparagraph b of this
paragraph, no less than a q uorum of the public body
shall be present in person at the meeting site as
posted on the meeting notice and agenda,
b. a virtual charter school approved and sponsored by the
Statewide Virtual Charter School Board pursuant to the
provisions of Section 3 -145.3 of Title 70 of the
Oklahoma Statutes shall maintain a quorum of members
for the entire duration of the meeting whether using
an in-person site, videoconference sites or any
combination of such sites to achieve a quorum; and
c. each public meeting held b y videoconference or
teleconference shall be recorded either by written,
electronic, or other means;
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2. The meeting notice and agenda prepared in advance of the
meeting, as required by law, shall indicate if the meeting will
include videoconferencing loca tions and shall state:
a. the location, address, and telephone number of each
available videoconference site, and
b. the identity of each member of the public body and the
specific site from which each member of the body shall
be physically present and par ticipating in the
meeting;
3. After the meeting notice and agenda are prepared and posted,
as required by law, no member of the public body shall be allowed to
participate in the meeting from any location other than the specific
location posted on the age nda in advance of the meeting;
4. In order to allow the public the maximum opportunity to
attend and observe each public official carrying out the duties of
the public official, a member or members of a public body desiring
to participate in a meeting by videoconference shall participate in
the videoconference from a site and room located within the district
or political subdivision from which they are elected, appointed, or
are sworn to represent;
5. Each site and room where a member of the public body i s
present for a meeting by videoconference shall be open and
accessible to the public, and the public shall be allowed into that
site and room. Public bodies may provide additional videoconference
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sites as a convenience to the public, but additional sites shall not
be used to exclude or discourage public attendance at any
videoconference site;
6. The public shall be allowed to participate and speak, as
allowed by rule or policy set by the public body, in a meeting at
the videoconference site in the same m anner and to the same extent
as the public is allowed to participate or speak at the site of the
meeting;
7. Any materials shared electronically between members of the
public body, before or during the videoconference, shall also be
immediately available to the public in the same form and manner as
shared with members of the public body; and
8. All votes occurring during any meeting conducted using
videoconferencing shall occur and be recorded by roll call vote.
B. No public body shall conduct an executi ve session by
videoconference.
C. Upon the effective date of this act and until November 15,
2020, or the Governor declaring the state of emergency to be
terminated, whichever date first occurs, the provisions of this
subsection and subsection D shall ope rate as law in this state.
1. A public body may hold meetings by teleconference or
videoconference if each member of the public body is audible or
visible to each other and the public, subject to the following:
a. for
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1. The public body, including , but not limited to, a virtual
charter school approved and sponsored by the Statewide Virtual
Charter School Board pursuant to the provisions of the Oklahoma
Statutes, the public body shall maintain a quorum of members for the
entire duration of the meeting whet her using an in-person site,
teleconference, or videoconference or any combination of such sites
to achieve a quorum,; and
b. if
2. If the meeting is held using either teleconference or
videoconference capabilities, and at any time the audio connection
is disconnected, the meeting shall be stopped and reconvened once
the audio connection is restored ;.
2. B. The meeting notice and agenda prepared in advance of the
meeting, as required by law, shall indicate if the meeting will
include teleconferencing or v ideoconferencing and shall also state:
a. each
1. Each public body member appearing remotely and the method of
each member's remote appearance,; and
b. the
2. The identity of the public body member or members who will
be physically present at the meeting site, if any;.
3. C. After the meeting notice and agenda are prepared and
posted as required by law, public body members shall not be
permitted to alter their method of attendance; provided, however,
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those members who were identified as appearing remotel y may be
permitted to physically appear at the meeting site, if any, for the
meeting;.
4. D. The public body shall be allowed to participate and
speak, as allowed by rule or policy set by the public body, in a
meeting which utilizes teleconference or vide oconference in the same
manner and to the same extent as the public is allowed to
participate or speak during a meeting where all public body members
are physically present together at the meeting site ;.
5. E. Any materials shared electronically between m embers of
the public body during a meeting utilizing teleconferencing or
videoconferencing shall also be immediately available to the public
in the same form as shared with the members of the public body ; and.
6. F. All votes occurring during any meeting utilizing
teleconference or videoconference shall occur and be recorded by
roll call votes.
D. G. Public bodies are permitted to conduct an executive
session by teleconference or videoconference. For such executive
sessions, no public body member is requ ired to be physically present
so long as each public body member is audible or visible to each
other. The meeting notice and agenda prepared in advance of the
meeting as required by law shall indicate if the executive session
will include teleconferencing or videoconferencing and shall also
state the identity of each public body member appearing remotely,
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the method of each member 's remote appearance, and whether any
member will be physically present at the meeting site, if any, for
the executive session.
SECTION 3. This act shall become effective November 1, 2021.
58-1-6190 AB 01/15/21