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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2224 By: Moore
AS INTRODUCED
An Act relating to open meetings; amending 25 O.S.
2011, Section 304, as last amended by Section 1,
Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020, Section
304), which relates to the Oklahoma Open Meeting Act;
including the Judicial Nominating Commission in the
definition of public body; amending 25 O.S. 2011,
Section 307, as last amended by Section 57, Chapter
476, O.S.L. 2019 (25 O.S. Supp. 2020, Section 307),
which relates to executive sessions; establishing
purposes for certain executive sessions; establishing
standards for recording, broadcast, and accessibility
of certain meetings; amending 25 O.S. 2011, Section
310, which relates to legisl ators attending executive
sessions; providing exception; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2011, Section 30 4, as last
amended by Section 1, Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020,
Section 304), is amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act:
1. "Public body" means the governing bodies of all
municipalities located wi thin this state, boards of county
commissioners of the counties in this state, boards of public and
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higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts or any entity created by a public trust, including any
committee or subcommittee composed of any of the members of a public
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2007 of Title 62 of the
Oklahoma Statutes, task forces or study groups in this state
supported in whole or in part by public funds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcommittees of any public body.
Public body shall include the Judicial Nominating Commission .
Public body shall not include the state judiciary, the Council on
Judicial Complaints when conducting, discussing, or deliberating any
matter relating to a complaint received or filed with the Council ,
the Legislature, or administrative staffs of public bodies,
including, but not limited to, faculty meetings and athletic staff
meetings of institutions of higher education when those staffs are
not meeting with the public body, or entry -year assistance
committees. Furthermore, public body shall not include the
multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
of the Oklahoma Statutes and subsection C of Section 1 -502.2 of
Title 63 of the Oklahoma Statutes or any school board meeting fo r
the sole purpose of considering recommendations of a
multidisciplinary team and deciding the placement of any child who
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is the subject of the recommendations. Furthermore, public body
shall not include meetings conducted by stewards designated by the
Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
3A of the Oklahoma Statutes when the stewards are officiating at
races or otherwise enforcing rules of the Commission;
2. "Meeting" means the conduct of business of a public body by
a majority of its members being personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gatherings of a
majority of the members of the public body when no business of the
public body is discussed;
3. "Regularly scheduled meeting " means a meeting at which the
regular business of the public body is conducted;
4. "Special meeting" means any meeting of a public body other
than a regularly scheduled meeting or emergency meeting;
5. "Emergency meeting" means any meeting called for the purpose
of dealing with an emergency. For purposes of the Oklahoma Open
Meeting Act, an emergency is defined as a situation involving injury
to persons or injury and damage to public or personal pr operty or
immediate financial loss when the time requirements for public
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
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6. "Continued or reconvened meeting " means a meeting which is
assembled for the purpose of finishing business appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of the con tinuance is made may be discussed
at a continued or reconvened meeting;
7. "Videoconference" means a conference among members of a
public body remote from one another who are linked by interactive
telecommunication devices or technology and/or technology permitting
both visual and auditory communication between and among members of
the public body and/or between and among members of the public body
and members of the public. During any videoconference, both the
visual and auditory communications functions shall attempt to be
utilized; and
8. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and/or technology permitting auditory
communication between and among members of t he public body and/or
between and among members of the public body and members of the
public.
SECTION 2. AMENDATORY 25 O.S. 2011, Section 307, as last
amended by Section 57, Chapter 476, O.S.L. 2019 (25 O.S. Supp. 2020,
Section 307), is amended to read as follows:
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Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provided in this section.
B. Executive sessions of public bodies will be permitted only
for the purpose of:
1. Discussing the employment, hirin g, appointment, promotion,
demotion, disciplining or resignation of any individual salaried
public officer or employee;
2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the purchase or appraisal of rea l property;
4. Confidential communications between a public body and its
attorney concerning a pending investigation, claim, or action if the
public body, with the advice of its attorney, determines that
disclosure will seriously impair the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interest;
5. Permitting district boards of education to hear evidence and
discuss the expulsion or suspension of a student when requested by
the student involved or the student's parent, attorney or legal
guardian;
6. Discussing matters involving a specific handicapped child;
7. Discussing any matter where disclosure of information would
violate confidentiality requirements of state or federal la w;
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8. Engaging in deliberations or rendering a final or
intermediate decision in an individual proceeding pursuant to
Article II of the Administrative Procedures Act;
9. Discussing matters involving safety and security at state
penal institutions or corr ectional facilities used to house state
inmates;
10. Discussing contract negotiations involving contracts
requiring approval of the Board of Corrections, which shall be
limited to members of the public body, the attorney for the public
body, and the immediate staff of the public body. No person who may
profit directly or indirectly by a proposed transaction which is
under consideration may be present or participate in the executive
session; or
11. Discussing the following:
a. the investigation of a plan or scheme to commit an act
of terrorism,
b. assessments of the vulnerability of government
facilities or public improvements to an act of
terrorism,
c. plans for deterrence or prevention of or protection
from an act of terrorism,
d. plans for response or r emediation after an act of
terrorism,
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e. information technology of the public body but only if
the discussion specifically identifies:
(1) design or functional schematics that demonstrate
the relationship or connections between devices
or systems,
(2) system configuration information,
(3) security monitoring and response equipment
placement and configuration,
(4) specific location or placement of systems,
components or devices,
(5) system identification numbers, names, or
connecting circuits,
(6) business continuity and disaster planning, or
response plans, or
(7) investigation information directly related to
security penetrations or denial of services, or
f. the investigation of an act of terrorism that has
already been committed.
For the purposes of this s ubsection, the term "terrorism" means any
act encompassed by the definitions set forth in Section 1268.1 of
Title 21 of the Oklahoma Statutes.
C. Notwithstanding the provisions of subsection B of this
section, the following public bodies may hold executiv e sessions:
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1. The State Banking Board, as provided for under Section 306.1
of Title 6 of the Oklahoma Statutes;
2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Developme nt Finance Authority, as provided for
in Section 5062.6 of Title 74 of the Oklahoma Statutes;
4. The Oklahoma Center for the Advancement of Science and
Technology, as provided for in Section 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Health Research Committee for purposes of
conferring on matters pertaining to research and development of
products, if public disclosure of the matter discussed would
interfere with the development of patents, copyrights, products, or
services;
6. The Workers' Compensation Commission for the purposes
provided for in Section 20 of Title 85A of the Oklahoma Statutes;
7. A review committee, as provided for in Section 855 of Title
62 of the Oklahoma Statutes;
8. The Child Death Review Board for purposes of rec eiving and
conferring on matters pertaining to materials declared confidential
by law;
9. The Domestic Violence Fatality Review Board as provided in
Section 1601 of Title 22 of the Oklahoma Statutes;
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10. The Opioid Overdose Fatality Review Board, as prov ided in
Section 2-1001 of Title 63 of the Oklahoma Statutes;
11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts, task forces or study groups supported in whole or part by
public funds or entrusted with the expenditure of public funds for
purposes of conferring on matters pertaining to economic
development, including the transfer of property, financing, or the
creation of a proposal to entice a business to remain or to locate
within their jurisdiction if public disclosure of the matter
discussed would interfere with the development of products or
services or if public disclosure would violate the confidentiality
of the business;
12. The Oklahoma Indigent Defense System Board for purposes of
discussing negotiating strategies in connection with making possible
counteroffers to offers to contract to provide legal representation
to indigent criminal defendants and indigent juveniles in cases for
which the System must provide repre sentation pursuant to the
provisions of the Indigent Defense System Act; and
13. The Quality Investment Committee for purposes of discussing
applications and confidential materials pursuant to the terms of the
Oklahoma Quality Investment Act ; and
14. The Judicial Nominating Commission for the purposes of
discussing the merits and qualifications of candidates for judicial
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office if a majority of the Commission votes that public discussion
of the matter would violate the reasonable expectation of
confidentiality of the candidates and would prevent candid
discussion among Commissioners. Commissioners shall not vote or
indicate how they intend to vote in executive session, nor shall
candidate interviews be conducted in executive session .
D. Except as otherwi se specified in this subsection, an
executive session for the purpose of discussing the purchase or
appraisal of real property shall be limited to members of the public
body, the attorney for the public body and the immediate staff of
the public body. No landowner, real estate salesperson, broker,
developer or any other person who may profit directly or indirectly
by a proposed transaction concerning real property which is under
consideration may be present or participate in the executive
session, unless they are operating under an existing agreement to
represent the public body.
E. No public body may go into an executive session unless the
following procedures are strictly complied with:
1. The proposed executive session is noted on the agenda as
provided in Section 311 of this title;
2. The executive session is authorized by a majority vote of a
quorum of the members present and the vote is a recorded vote; and
3. Except for matters considered in executive sessions of the
State Banking Board and the Ok lahoma Savings and Loan Board, and
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which are required by state or federal law to be confidential, any
vote or action on any item of business considered in an executive
session shall be taken in public meeting with the vote of each
member publicly cast and recorded.
F. A willful violation of the provisions of this section shall:
1. Subject each member of the public body to criminal sanctions
as provided in Section 314 of this title; and
2. Cause the minutes and all other records of the executive
session, including tape recordings, to be immediately made public.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 307.2 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. The Judicial Nominating Co mmission shall video record its
meetings and broadcast them live over the Internet in a manner
readily accessible to the public at no charge.
B. The Administrative Office of the Courts shall maintain on
the Oklahoma State Courts Networ k webpage:
1. All video recordings of meetings of the Judicial Nominating
Commission;
2. All minutes of meetings of the Judicial Nominating
Commission; and
3. A record of votes cast by each member of the Judicial
Nominating Commission, including the nam es of the candidates each
Commissioner voted for.
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SECTION 4. AMENDATORY 25 O.S. 2011, Section 310, is
amended to read as follows:
Section 310. Any member of the Legislature appointed as a
member of a committee of either house of the Legislature or joint
committee thereof shall be permitted to attend any executive session
authorized by the Oklahoma Open Meeting Act of any state agency,
board or commission whenever the jurisdiction of such committee
includes the actions of the public body involved ; provided, however,
a member of the Legislature shall not be permitted to attend an
executive session of the Judicial Nominating Commission authorized
pursuant to paragraph 14 of subsection C of S ection 307 of this
title.
SECTION 5. This act shall become ef fective November 1, 2021.
58-1-5594 AB 12/22/20