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Oklahoma House Bill HB2224

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2224 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 58th Legislature (2021)
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3232 HOUSE BILL 2224 By: Moore
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3838 AS INTRODUCED
3939
4040 An Act relating to open meetings; amending 25 O.S.
4141 2011, Section 304, as last amended by Section 1,
4242 Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020, Section
4343 304), which relates to the Oklahoma Open Meeting Act;
4444 including the Judicial Nominating Commission in the
4545 definition of public body; amending 25 O.S. 2011,
4646 Section 307, as last amended by Section 57, Chapter
4747 476, O.S.L. 2019 (25 O.S. Supp. 2020, Section 307),
4848 which relates to executive sessions; establishing
4949 purposes for certain executive sessions; establishing
5050 standards for recording, broadcast, and accessibility
5151 of certain meetings; amending 25 O.S. 2011, Section
5252 310, which relates to legisl ators attending executive
5353 sessions; providing exception; providing for
5454 codification; and providing an effective date .
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. AMENDATORY 25 O.S. 2011, Section 30 4, as last
6262 amended by Section 1, Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020,
6363 Section 304), is amended to read as follows:
6464 Section 304. As used in the Oklahoma Open Meeting Act:
6565 1. "Public body" means the governing bodies of all
6666 municipalities located wi thin this state, boards of county
6767 commissioners of the counties in this state, boards of public and
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9494 higher education in this state and all boards, bureaus, commissions,
9595 agencies, trusteeships, authorities, councils, committees, public
9696 trusts or any entity created by a public trust, including any
9797 committee or subcommittee composed of any of the members of a public
9898 trust or other legal entity receiving funds from the Rural Economic
9999 Action Plan Fund as authorized by Section 2007 of Title 62 of the
100100 Oklahoma Statutes, task forces or study groups in this state
101101 supported in whole or in part by public funds or entrusted with the
102102 expending of public funds, or administering public property, and
103103 shall include all committees or subcommittees of any public body.
104104 Public body shall include the Judicial Nominating Commission .
105105 Public body shall not include the state judiciary, the Council on
106106 Judicial Complaints when conducting, discussing, or deliberating any
107107 matter relating to a complaint received or filed with the Council ,
108108 the Legislature, or administrative staffs of public bodies,
109109 including, but not limited to, faculty meetings and athletic staff
110110 meetings of institutions of higher education when those staffs are
111111 not meeting with the public body, or entry -year assistance
112112 committees. Furthermore, public body shall not include the
113113 multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
114114 of the Oklahoma Statutes and subsection C of Section 1 -502.2 of
115115 Title 63 of the Oklahoma Statutes or any school board meeting fo r
116116 the sole purpose of considering recommendations of a
117117 multidisciplinary team and deciding the placement of any child who
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144144 is the subject of the recommendations. Furthermore, public body
145145 shall not include meetings conducted by stewards designated by the
146146 Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
147147 3A of the Oklahoma Statutes when the stewards are officiating at
148148 races or otherwise enforcing rules of the Commission;
149149 2. "Meeting" means the conduct of business of a public body by
150150 a majority of its members being personally together or, as
151151 authorized by Section 307.1 of this title, together pursuant to a
152152 videoconference. Meeting shall not include informal gatherings of a
153153 majority of the members of the public body when no business of the
154154 public body is discussed;
155155 3. "Regularly scheduled meeting " means a meeting at which the
156156 regular business of the public body is conducted;
157157 4. "Special meeting" means any meeting of a public body other
158158 than a regularly scheduled meeting or emergency meeting;
159159 5. "Emergency meeting" means any meeting called for the purpose
160160 of dealing with an emergency. For purposes of the Oklahoma Open
161161 Meeting Act, an emergency is defined as a situation involving injury
162162 to persons or injury and damage to public or personal pr operty or
163163 immediate financial loss when the time requirements for public
164164 notice of a special meeting would make such procedure impractical
165165 and increase the likelihood of injury or damage or immediate
166166 financial loss;
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193193 6. "Continued or reconvened meeting " means a meeting which is
194194 assembled for the purpose of finishing business appearing on an
195195 agenda of a previous meeting. For the purposes of the Oklahoma Open
196196 Meeting Act, only matters on the agenda of the previous meeting at
197197 which the announcement of the con tinuance is made may be discussed
198198 at a continued or reconvened meeting;
199199 7. "Videoconference" means a conference among members of a
200200 public body remote from one another who are linked by interactive
201201 telecommunication devices or technology and/or technology permitting
202202 both visual and auditory communication between and among members of
203203 the public body and/or between and among members of the public body
204204 and members of the public. During any videoconference, both the
205205 visual and auditory communications functions shall attempt to be
206206 utilized; and
207207 8. "Teleconference" means a conference among members of a
208208 public body remote from one another who are linked by
209209 telecommunication devices and/or technology permitting auditory
210210 communication between and among members of t he public body and/or
211211 between and among members of the public body and members of the
212212 public.
213213 SECTION 2. AMENDATORY 25 O.S. 2011, Section 307, as last
214214 amended by Section 57, Chapter 476, O.S.L. 2019 (25 O.S. Supp. 2020,
215215 Section 307), is amended to read as follows:
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242242 Section 307. A. No public body shall hold executive sessions
243243 unless otherwise specifically provided in this section.
244244 B. Executive sessions of public bodies will be permitted only
245245 for the purpose of:
246246 1. Discussing the employment, hirin g, appointment, promotion,
247247 demotion, disciplining or resignation of any individual salaried
248248 public officer or employee;
249249 2. Discussing negotiations concerning employees and
250250 representatives of employee groups;
251251 3. Discussing the purchase or appraisal of rea l property;
252252 4. Confidential communications between a public body and its
253253 attorney concerning a pending investigation, claim, or action if the
254254 public body, with the advice of its attorney, determines that
255255 disclosure will seriously impair the ability of the public body to
256256 process the claim or conduct a pending investigation, litigation, or
257257 proceeding in the public interest;
258258 5. Permitting district boards of education to hear evidence and
259259 discuss the expulsion or suspension of a student when requested by
260260 the student involved or the student's parent, attorney or legal
261261 guardian;
262262 6. Discussing matters involving a specific handicapped child;
263263 7. Discussing any matter where disclosure of information would
264264 violate confidentiality requirements of state or federal la w;
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291291 8. Engaging in deliberations or rendering a final or
292292 intermediate decision in an individual proceeding pursuant to
293293 Article II of the Administrative Procedures Act;
294294 9. Discussing matters involving safety and security at state
295295 penal institutions or corr ectional facilities used to house state
296296 inmates;
297297 10. Discussing contract negotiations involving contracts
298298 requiring approval of the Board of Corrections, which shall be
299299 limited to members of the public body, the attorney for the public
300300 body, and the immediate staff of the public body. No person who may
301301 profit directly or indirectly by a proposed transaction which is
302302 under consideration may be present or participate in the executive
303303 session; or
304304 11. Discussing the following:
305305 a. the investigation of a plan or scheme to commit an act
306306 of terrorism,
307307 b. assessments of the vulnerability of government
308308 facilities or public improvements to an act of
309309 terrorism,
310310 c. plans for deterrence or prevention of or protection
311311 from an act of terrorism,
312312 d. plans for response or r emediation after an act of
313313 terrorism,
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340340 e. information technology of the public body but only if
341341 the discussion specifically identifies:
342342 (1) design or functional schematics that demonstrate
343343 the relationship or connections between devices
344344 or systems,
345345 (2) system configuration information,
346346 (3) security monitoring and response equipment
347347 placement and configuration,
348348 (4) specific location or placement of systems,
349349 components or devices,
350350 (5) system identification numbers, names, or
351351 connecting circuits,
352352 (6) business continuity and disaster planning, or
353353 response plans, or
354354 (7) investigation information directly related to
355355 security penetrations or denial of services, or
356356 f. the investigation of an act of terrorism that has
357357 already been committed.
358358 For the purposes of this s ubsection, the term "terrorism" means any
359359 act encompassed by the definitions set forth in Section 1268.1 of
360360 Title 21 of the Oklahoma Statutes.
361361 C. Notwithstanding the provisions of subsection B of this
362362 section, the following public bodies may hold executiv e sessions:
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389389 1. The State Banking Board, as provided for under Section 306.1
390390 of Title 6 of the Oklahoma Statutes;
391391 2. The Oklahoma Industrial Finance Authority, as provided for
392392 in Section 854 of Title 74 of the Oklahoma Statutes;
393393 3. The Oklahoma Developme nt Finance Authority, as provided for
394394 in Section 5062.6 of Title 74 of the Oklahoma Statutes;
395395 4. The Oklahoma Center for the Advancement of Science and
396396 Technology, as provided for in Section 5060.7 of Title 74 of the
397397 Oklahoma Statutes;
398398 5. The Oklahoma Health Research Committee for purposes of
399399 conferring on matters pertaining to research and development of
400400 products, if public disclosure of the matter discussed would
401401 interfere with the development of patents, copyrights, products, or
402402 services;
403403 6. The Workers' Compensation Commission for the purposes
404404 provided for in Section 20 of Title 85A of the Oklahoma Statutes;
405405 7. A review committee, as provided for in Section 855 of Title
406406 62 of the Oklahoma Statutes;
407407 8. The Child Death Review Board for purposes of rec eiving and
408408 conferring on matters pertaining to materials declared confidential
409409 by law;
410410 9. The Domestic Violence Fatality Review Board as provided in
411411 Section 1601 of Title 22 of the Oklahoma Statutes;
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438438 10. The Opioid Overdose Fatality Review Board, as prov ided in
439439 Section 2-1001 of Title 63 of the Oklahoma Statutes;
440440 11. All nonprofit foundations, boards, bureaus, commissions,
441441 agencies, trusteeships, authorities, councils, committees, public
442442 trusts, task forces or study groups supported in whole or part by
443443 public funds or entrusted with the expenditure of public funds for
444444 purposes of conferring on matters pertaining to economic
445445 development, including the transfer of property, financing, or the
446446 creation of a proposal to entice a business to remain or to locate
447447 within their jurisdiction if public disclosure of the matter
448448 discussed would interfere with the development of products or
449449 services or if public disclosure would violate the confidentiality
450450 of the business;
451451 12. The Oklahoma Indigent Defense System Board for purposes of
452452 discussing negotiating strategies in connection with making possible
453453 counteroffers to offers to contract to provide legal representation
454454 to indigent criminal defendants and indigent juveniles in cases for
455455 which the System must provide repre sentation pursuant to the
456456 provisions of the Indigent Defense System Act; and
457457 13. The Quality Investment Committee for purposes of discussing
458458 applications and confidential materials pursuant to the terms of the
459459 Oklahoma Quality Investment Act ; and
460460 14. The Judicial Nominating Commission for the purposes of
461461 discussing the merits and qualifications of candidates for judicial
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488488 office if a majority of the Commission votes that public discussion
489489 of the matter would violate the reasonable expectation of
490490 confidentiality of the candidates and would prevent candid
491491 discussion among Commissioners. Commissioners shall not vote or
492492 indicate how they intend to vote in executive session, nor shall
493493 candidate interviews be conducted in executive session .
494494 D. Except as otherwi se specified in this subsection, an
495495 executive session for the purpose of discussing the purchase or
496496 appraisal of real property shall be limited to members of the public
497497 body, the attorney for the public body and the immediate staff of
498498 the public body. No landowner, real estate salesperson, broker,
499499 developer or any other person who may profit directly or indirectly
500500 by a proposed transaction concerning real property which is under
501501 consideration may be present or participate in the executive
502502 session, unless they are operating under an existing agreement to
503503 represent the public body.
504504 E. No public body may go into an executive session unless the
505505 following procedures are strictly complied with:
506506 1. The proposed executive session is noted on the agenda as
507507 provided in Section 311 of this title;
508508 2. The executive session is authorized by a majority vote of a
509509 quorum of the members present and the vote is a recorded vote; and
510510 3. Except for matters considered in executive sessions of the
511511 State Banking Board and the Ok lahoma Savings and Loan Board, and
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538538 which are required by state or federal law to be confidential, any
539539 vote or action on any item of business considered in an executive
540540 session shall be taken in public meeting with the vote of each
541541 member publicly cast and recorded.
542542 F. A willful violation of the provisions of this section shall:
543543 1. Subject each member of the public body to criminal sanctions
544544 as provided in Section 314 of this title; and
545545 2. Cause the minutes and all other records of the executive
546546 session, including tape recordings, to be immediately made public.
547547 SECTION 3. NEW LAW A new section of law to be codified
548548 in the Oklahoma Statutes as Section 307.2 of Title 25, unless there
549549 is created a duplication in numbering, reads as follows:
550550 A. The Judicial Nominating Co mmission shall video record its
551551 meetings and broadcast them live over the Internet in a manner
552552 readily accessible to the public at no charge.
553553 B. The Administrative Office of the Courts shall maintain on
554554 the Oklahoma State Courts Networ k webpage:
555555 1. All video recordings of meetings of the Judicial Nominating
556556 Commission;
557557 2. All minutes of meetings of the Judicial Nominating
558558 Commission; and
559559 3. A record of votes cast by each member of the Judicial
560560 Nominating Commission, including the nam es of the candidates each
561561 Commissioner voted for.
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588588 SECTION 4. AMENDATORY 25 O.S. 2011, Section 310, is
589589 amended to read as follows:
590590 Section 310. Any member of the Legislature appointed as a
591591 member of a committee of either house of the Legislature or joint
592592 committee thereof shall be permitted to attend any executive session
593593 authorized by the Oklahoma Open Meeting Act of any state agency,
594594 board or commission whenever the jurisdiction of such committee
595595 includes the actions of the public body involved ; provided, however,
596596 a member of the Legislature shall not be permitted to attend an
597597 executive session of the Judicial Nominating Commission authorized
598598 pursuant to paragraph 14 of subsection C of S ection 307 of this
599599 title.
600600 SECTION 5. This act shall become ef fective November 1, 2021.
601601
602602 58-1-5594 AB 12/22/20