Oklahoma 2022 Regular Session

Oklahoma House Bill HB2644 Compare Versions

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3		-	ENGR. S. A. TO ENGR. H. B. NO. 2644 Page 1 1
	3	+	SENATE FLOOR VERSION - HB2644 SFLR Page 1
	4	+	(Bold face denotes Com mittee Amendments) 1
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28		-	ENGROSSED SENATE AMENDMENT
29		-	TO
30		-	ENGROSSED HOUSE
31		-	BILL NO. 2644 By: Echols, Fugate and Phillips
32		-	of the House
	29	+	SENATE FLOOR VERSION
	30	+	April 6, 2021
	31	+
	32	+
	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 2644 By: Echols, Fugate, Phillips,
	36	+	Moore and Grego of the
	37	+	House
33	38
34	39		and
35	40
36	41		David of the Senate
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41	46
42		-	[ open meetings - videoconferences and
43		-	teleconferences - requiring notice of certain
44		-	information –
45		-	emergency ]
46		-
47		-
48		-
49		-
50		-	AUTHOR: Add the following House Coauthors: Moore and Grego
51		-
52		-	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
53		-	and entire bill and insert
54		-
55		-
56		-	"[ Oklahoma Open Meeting Act - videoconferences and
	47	+	[ Oklahoma Open Meeting Act - videoconferences and
57	48		teleconferences - temporary provisions - expiration -
58	49
59	50		emergency ]
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64	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65	56		SECTION 1. AMENDATORY 25 O.S. 2011, Section 307.1, as
66	57		last amended by Enrolled Senate Bill No. 1031 of the 1st Session of
67	58		the 58th Oklahoma Legislature, is amended to read as follo ws:
	59	+	Section 307.1. A. Except as provided in subsections C and D of
	60	+	this section, a public body may hold mee tings by videoconference
	61	+	where each member of the public body is visible and audible to each
	62	+	other and the public through a video monitor, subject to the
	63	+	following:
	64	+	1. a. except as provided for in subparagraph b of this
	65	+	paragraph, no less than a quorum of the public body
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94		-	Section 307.1. A. Except as provided in subsections C and D of
95		-	this section, a public body may hold meetings by videoconference
96		-	where each member of the public body is visible and audible to each
97		-	other and the public t hrough a video monitor, subject to the
98		-	following:
99		-	1. a. except as provided for in subparagraph b of this
100		-	paragraph, no less than a quorum of the public body
101	93		shall be present in person at the meeting site as
102	94		posted on the meeting notice and agenda,
103	95		b. a virtual charter school approved and sponsored by the
104	96		Statewide Virtual Charter Sc hool Board pursuant to the
105	97		provisions of Section 3 -145.3 of Title 70 of the
106	98		Oklahoma Statutes shall maintain a quorum of members
107	99		for the entire duration of the meeting whether using
108	100		an in-person site, videoconference sites or any
109	101		combination of such sites to achieve a quorum;, and
110	102		c. each public meeting held by videoco nference or
111	103		teleconference shall be recorded either by written,
112	104		electronic, or other means;
113	105		2. The meeting notice and agenda prepared in adva nce of the
114	106		meeting, as required by law, shall indic ate if the meeting will
115	107		include videoconferencing locations and shall state:
116	108		a. the location, address, and telephone number of each
117	109		available videoconference site, and
	110	+	b. the identity of each member of t he public body and the
	111	+	specific site from which each member of the body shall
	112	+	be physically present and participatin g in the
	113	+	meeting;
	114	+	3. After the meeting notice and agenda are prepared and posted,
	115	+	as required by law, no member of the public body shall b e allowed to
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144		-	b. the identity of each member of the public body and the
145		-	specific site from which each member of the body shall
146		-	be physically present and participating in the
147		-	meeting;
148		-	3. After the meeting notice and agenda are prepared and posted,
149		-	as required by law, no member o f the public body shall be allowed to
150	143		participate in the meeting from any locat ion other than the specific
151	144		location posted on the agenda in ad vance of the meeting;
152	145		4. In order to allow the public the maximum oppo rtunity to
153	146		attend and observe each public official carrying out the duties of
154	147		the public official, a member or members of a public body desiring
155	148		to participate in a meeting by videoconf erence shall participate in
156	149		the videoconference from a site and room lo cated within the district
157	150		or political subdivision from which they are elected, appointed, or
158	151		are sworn to represent;
159	152		5. Each site and room where a member of the public body is
160	153		present for a meeting by videoconference shall be open and
161	154		accessible to the public, and the public shall be allowed into that
162	155		site and room. Public bodies may provide additional videoconference
163	156		sites as a convenience to the public, but additional sites shall no t
164	157		be used to exclude or discourage public attendance at any
165	158		videoconference site;
166	159		6. The public shall be allowed to participate and speak, as
167	160		allowed by rule or policy set by the public body, in a meeting at
	161	+	the videoconference site in the same manner and to the same extent
	162	+	as the public is allowed to participate or speak at the site of the
	163	+	meeting;
	164	+	7. Any materials shared electronically between members of the
	165	+	public body, before or during the videoconference, shall also be
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	167	+	SENATE FLOOR VERSION - HB2644 SFLR Page 4
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194		-	the videoconference site in the same manner and to the same extent
195		-	as the public is allowed to participate or speak at the site of the
196		-	meeting;
197		-	7. Any materials shared electronically between members of the
198		-	public body, before or during the videoconference, shall also be
199	193		immediately available to the pu blic in the same form and manner as
200	194		shared with members of the public b ody; and
201	195		8. All votes occurring during any meeting conducted using
202	196		videoconferencing shall occur and be recorded by roll call vote.
203	197		B. No public body shall conduct an executive sess ion by
204	198		videoconference.
205	199		C. Upon the effective date of this act and until February 15,
206	200		2022, or until thirty (30) days after the expiration or termination
207	201		of the state of emergency declared by the Governor to respond to the
208	202		threat of COVID-19 to the people of this state and the public's
209	203		peace, health and safety , whichever date first occurs March 31,
210	204		2024, the provisions of this subsection and subsectio n D shall
211	205		operate as law in this state.
212	206		1. A public body may hold meetings by teleconfe rence or
213	207		videoconference if each member of the public body is audible or
214	208		visible to each other and the public, subject to the following:
215	209		a. for a virtual charter scho ol approved and sponsored by
216	210		the Statewide Virtual Charte r School Board pursuant to
217	211		the provisions of the Oklahoma Statutes, the public
	212	+	body shall maintain a quor um of members for th e entire
	213	+	duration of the meeting whether using an in -person
	214	+	site, teleconference, or videoconference or any
	215	+	combination of such sit es to achieve a quorum, and
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	217	+	SENATE FLOOR VERSION - HB2644 SFLR Page 5
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244		-	body shall maintain a quorum of members for the entire
245		-	duration of the meeting whether us ing an in-person
246		-	site, teleconference, or videoconference or any
247		-	combination of such sites to achieve a quorum, and
248	243		b. if the meeting is held using either teleconference or
249	244		videoconference capa bilities, and at any time the
250	245		audio connection is disconnected, the meeting shall be
251	246		stopped and reconvened once the audio connection is
252	247		restored;
253	248		2. The meeting notice and agenda pre pared in advance of the
254	249		meeting, as required by law, shall indicate if the meeting will
255	250		include teleconferencing or videoconferencing and shall also state:
256	251		a. each public body member appearing remotely and the
257	252		method of each member's remote appearance, and
258	253		b. the identity of the public body member or members who
259	254		will be physically present at the meeting site, if
260	255		any;
261	256		3. After the meeting notice and agenda are pre pared and posted
262	257		as required by law, public body members shall not be permitted to
263	258		alter their method of attendance; provided, however, those members
264	259		who were identified as appearing remo tely may be permitted to
265	260		physically appear at the meeting site, if an y, for the meeting;
266	261		4. The public body shall be allowed to pa rticipate and speak,
267	262		as allowed by rule or policy set by the public body, in a meeting
	263	+	which utilizes teleconference or video conference in the same manner
	264	+	and to the same extent as the public i s allowed to participate or
	265	+	speak during a meeting where all pu blic body members are physically
	266	+	present together at the meeting site;
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294		-	which utilizes teleconference or videoconference in the same manner
295		-	and to the same extent as the public is allowed to participate or
296		-	speak during a meeting where all public body members are physically
297		-	present together at the meeting site;
298	294		5. Any documents or other materials provided to members of the
299	295		public body or shared electronically between members of t he public
300	296		body during a meeting utilizing teleconferencing or
301	297		videoconferencing shall also be immediately available to the public
302	298		on the website of the public body, if the public body maintains a
303	299		website; and
304	300		6. All votes occurring during any meeting utilizing
305	301		teleconference or videoconference shall occur a nd be recorded by
306	302		roll call votes.
307	303		D. Public bodies are permitted to condu ct an executive session
308	304		by teleconference or videoconference. For such executive sessions,
309	305		no public body member is required to be physically prese nt so long
310	306		as each public body me mber is audible or visible to each other. The
311	307		meeting notice and agenda pr epared in advance of the meeting as
312	308		required by law shall indicate if the executive session will include
313	309		teleconferencing or videoconferencing and s hall also state the
314	310		identity of each public body member appearing remotely, the method
315	311		of each member's remote appearance, and whether any member will be
316	312		physically present at the meeting site, if any, for the executive
317	313		session.
	314	+	SECTION 2. AMENDATORY 25 O.S. 2011 , Section 311, as last
	315	+	amended by Enrolled Senate Bill No. 1031 of the 1 st Session of the
	316	+	58th Oklahoma Legislature , is amended to read as follows:
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344		-	SECTION 2. AMENDATORY 25 O.S. 2011, Section 311, as last
345		-	amended by Enrolled Senate Bill No. 1031 of the 1st Session of the
346		-	58th Oklahoma Legislature, is amended to read as follows:
347	344		Section 311. A. Notwithstanding any other provisions of law,
348	345		all regularly scheduled, c ontinued or reconvened, special o r
349	346		emergency meetings of public bodies shall be preceded by public
350	347		notice as follows:
351	348		1. All public bodies shall give notice in writing by December
352	349		15 of each calendar year of th e schedule showing the date, time and
353	350		place of the regularly scheduled meeting s of such public bodies for
354	351		the following calendar year;
355	352		2. All state public bodies including, but not limited to,
356	353		public trusts and other bodies with the state as beneficiary, shall
357	354		give such notice to the Secretary of S tate;
358	355		3. All county public bodie s including, but not limited to,
359	356		public trusts and any other bodies with the county as benefic iary,
360	357		shall give such notice to the county clerk of the county wherein
361	358		they are principally located;
362	359		4. All municipal public bod ies including, but not limited t o,
363	360		public trusts and any other bodies with the municipality as
364	361		beneficiary, shall give such notice to the municip al clerk of the
365	362		municipality wherein they are principally located ;
366	363		5. All multicounty, regional, areawide or district public
367	364		bodies including, but not limited to, district boards of education,
	365	+	shall give such notice to the county clerk of the county where in
	366	+	they are principally located, or if no office exists, to the c ounty
	367	+	clerk of the county or counties served by such public body;
368	368
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394		-	shall give such notice to the county clerk of the county wherein
395		-	they are principally located, or if no office exist s, to the county
396		-	clerk of the county or counties served by such public body;
397	395		6. All governing boards of state institutions of higher
398	396		education, and committees and subcommittees thereof, shall give such
399	397		notice to the Secretary of State. All other public bodies cover ed
400	398		by the provisions of the Oklahoma Open Mee ting Act which exist under
401	399		the auspices of a state institution of higher education, but a
402	400		majority of whose members are not members of the institu tion's
403	401		governing board, shall give such notice to the county cler k of the
404	402		county wherein the institution is pr incipally located;
405	403		7. The Secretary of State and each county clerk or municipal
406	404		clerk shall keep a record of all notices received in a register o pen
407	405		to the public for inspection during regular office hours, and , in
408	406		addition, shall make known upon any requ est of any person the
409	407		contents of the register;
410	408		8. If any change is to be made of the date, time or place of
411	409		regularly scheduled meetings of publ ic bodies, then notice in
412	410		writing shall be given to the Secretary of State or county clerk or
413	411		municipal clerk, as required herein, not less tha n ten (10) days
414	412		prior to the implementation of any such change;
415	413		9. In addition to the advance public notice in w riting required
416	414		to be filed for regularly scheduled meetings, des cribed in paragraph
417	415		1 of this subsection, all public bodies shall, at least tw enty-four
	416	+	(24) hours prior to such regularly scheduled meetings, display
	417	+	public notice of the meeting by at least one of the following
	418	+	methods:
418	419
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444		-	(24) hours prior to such regularly scheduled meetings, display
445		-	public notice of the meeting by at least one of the following
446		-	methods:
447	446		a. by posting information that inc ludes date, time, place
448	447		and agenda for the me eting in prominent public view at
449	448		the principal office of the public body or at the
450	449		location of the meeting if no office exists, or
451	450		b. by posting on the public body's Internet website the
452	451		date, time, place and a genda for the meeting in
453	452		accordance with Sect ion 3106.2 of Title 74 of the
454	453		Oklahoma Statutes. Additionally, the public body
455	454		shall offer and consistently maintain an email
456	455		distribution system for distribution of such notice of
457	456		a public meeting required by this subsection, and any
458	457		person may request t o be included without charge, and
459	458		their request shall be accepted. The emailed notice
460	459		of a public meeting required by this subsection shall
461	460		include in the body of the email or as an attachment
462	461		to the email the date, time, place and agenda for the
463	462		meeting and it shall be sent no less than twenty-four
464	463		(24) hours prior to the meeting. Additionally, except
465	464		as provided in subparagraph c of this paragra ph, the
466	465		public body shall make the notice of a public meeting
467	466		required by this subsection available to the pub lic in
	467	+	the principal office of th e public body or at the
	468	+	location of the meeting during normal business hours
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494		-	the principal office of the public body or at the
495		-	location of the meeting during normal business hours
496	496		at least twenty–four (24) hours prio r to the meeting,
497	497		or
498	498		c. upon the effective date of this act and u ntil February
499	499		15, 2022, or until thirty (30) days after the
500	500		expiration or termination o f the state of emergency
501	501		declared by the Governor to respond to the threat of
502	502		COVID-19 to the people of this state and the public's
503	503		peace, health and safety, whichever date first occurs
504	504		March 31, 2024, the public body shall not be required
505	505		to make the notice of a public meeting available to
506	506		the public in the principal office of the public body
507	507		or at the location of the meeting during normal
508	508		business hours at lea st twenty-four (24) hours prior
509	509		to the meeting;
510	510		10. The twenty-four (24) hours required in paragrap h 9 of this
511	511		subsection shall exclude Saturdays, Sundays and holidays legally
512	512		declared by the State of Oklahoma. The posting or distribution of a
513	513		notice of a public meeting as described in pa ragraph 9 of this
514	514		subsection shall not preclude a public body fro m considering at its
515	515		regularly scheduled meeting any new business. "New business", as
516	516		used herein, shall mean a ny matter not known about or which could
517	517		not have been reasonably foreseen prio r to the time of the posting;
	518	+	11. In the event any meeting is to be continued or reconvened,
	519	+	public notice of such action including date, time and place of the
518	520
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544		-	11. In the event any meeting is to be continued or reconvened,
545		-	public notice of such action including date, time and place of the
546	547		continued meeting, shall be given by announcement at the ori ginal
547	548		meeting. Only matters appea ring on the agenda of the meeting which
548	549		is continued may be discus sed at the continued or reconvened
549	550		meeting;
550	551		12. Special meetings of public bodies shall not be held without
551	552		public notice being given at least forty -eight (48) hours prior to
552	553		the meetings. Such public notice of date, time and place shall be
553	554		given in writing, in person or by telephonic means to the Secretary
554	555		of State or to the county clerk or to the municipal clerk by public
555	556		bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of
556	557		this subsection. The public body also shall cause written notice of
557	558		the date, time and place of the meeting to be mailed or delivered to
558	559		each person, newspaper, wire service, radi o station and television
559	560		station that has filed a written request for notice of meetings of
560	561		the public body with the clerk or secretary of the p ublic body or
561	562		with some other person designated by the public body. Such written
562	563		notice shall be mailed or deli vered at least forty-eight (48) hours
563	564		prior to the special meeting. The publ ic body may charge a fee of
564	565		up to Eighteen Dollars ($18.00) per yea r to persons or entities
565	566		filing a written request for notice of meetings, and may require
566	567		such persons or entiti es to renew the request for notice annually.
567	568		In addition, all public bodies shall, at least twenty-four (24)
	569	+	hours prior to such special meetin gs, display public notice of the
	570	+	meeting, setting forth thereon the date, time, place and agenda for
568	571
569		-	ENGR. S. A. TO ENGR. H. B. NO. 2644 Page 12 1
	572	+	SENATE FLOOR VERSION - HB2644 SFLR Page 12
	573	+	(Bold face denotes Com mittee Amendments) 1
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594		-	hours prior to such special meetings, display public notice of the
595		-	meeting, setting forth thereon the date, time, place and agenda for
596	598		the meeting. Only matters appearing on the posted agen da may be
597	599		considered at the speci al meeting. Such public notice shall be
598	600		posted in prominent public view at the principal office of the
599	601		public body or at the location of the meeting if no office exists.
600	602		Twenty-four (24) hours prior public posting shall e xclude Saturdays,
601	603		Sundays and holidays legally declared by the State of Oklahoma. In
602	604		lieu of the public posting requirements of this paragraph, a public
603	605		body may elect to follow the requirements found in subpara graph b of
604	606		paragraph 9 of this subsection, p rovided that forty-eight-hour
605	607		notice is required for special meetings and that the forty -eight-
606	608		hour requirement shall exclude Saturdays, Sundays and holidays
607	609		legally declared by the State of Oklahoma;
608	610		13. In the event of an emergency, an emergency mee ting of a
609	611		public body may be held w ithout the public notice heretofore
610	612		required. Should an emergenc y meeting of a public body be
611	613		necessary, the person calling such a meeting shall give as much
612	614		advance public notice as is reasonable and possible under the
613	615		circumstances existing, in person o r by telephonic or electronic
614	616		means; and
615	617		14. A public body that gives public notice of a meeting for
616	618		which there will be a videoconference option in accordance with
617	619		Section 307.1 of this title shall not modify the method of meeting
	620	+	described in the notice prior to the meeting and shall conduct the
	621	+	meeting according to the methods described in the notice. If a code
618	622
619		-	ENGR. S. A. TO ENGR. H. B. NO. 2644 Page 13 1
	623	+	SENATE FLOOR VERSION - HB2644 SFLR Page 13
	624	+	(Bold face denotes Com mittee Amendments) 1
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644		-	described in the notice prior to the meeting and shall conduct the
645		-	meeting according to the methods described in the notice. If a code
646	649		or password is required to access the videoconference meeting, the
647	650		code or password shall be included in the public notice.
648	651		B. 1. All agendas required pursuant to the provisions of this
649	652		section shall identi fy all items of business to be transacted by a
650	653		public body at a meeting including, but not limited to, any proposed
651	654		executive session for the purpose of eng aging in deliberations or
652	655		rendering a final or intermediate decision in an individual
653	656		proceeding prescribed by the Administrative Procedures Act.
654	657		2. If a public body proposes to conduct an executive session,
655	658		the agenda shall:
656	659		a. contain sufficient informa tion for the public to
657	660		ascertain that an executive session will be proposed,
658	661		b. identify the items o f business and purposes of the
659	662		executive session, and
660	663		c. state specifically the provision of Section 307 of
661	664		this title authorizing the executive session.
662	665		SECTION 3. It being immediately necessary for the preservation
663	666		of the public peace, health or safety, an emergency is hereby
664	667		declared to exist, by reason whereof this act shall take effect and
665		-	be in full force from and after its passage and app roval."
666		-
667		-
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692		-
693		-	Passed the Senate the 22nd day of April, 2021.
694		-
695		-
696		-
697		-	Presiding Officer of the Senate
698		-
699		-
700		-	Passed the House of Representatives the ____ day of __________,
701		-	2021.
702		-
703		-
704		-
705		-	Presiding Officer of the House
706		-	of Representatives
707		-
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733		-	ENGROSSED HOUSE
734		-	BILL NO. 2644 By: Echols, Fugate and Phillips
735		-	of the House
736		-
737		-	and
738		-
739		-	David of the Senate
740		-
741		-
742		-
743		-	[ open meetings - videoconferences and
744		-	teleconferences - requiring notice of certain
745		-	information –
746		-	emergency ]
747		-
748		-
749		-
750		-
751		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
752		-	SECTION 4. AMENDATORY 25 O.S. 2011, Section 307.1, as
753		-	last amended by Section 3, Chapter 3, O.S.L. 2020 (25 O.S. Supp.
754		-	2020, Section 307.1), is amended to read as follows:
755		-	Section 307.1 A. Except as provided in subsections C and D of
756		-	this section, a public body may hold meetings by videoconference
757		-	where each member of the public body is visible and audible to each
758		-	other and the public through a video monitor, subject to the
759		-	following:
760		-	1. a. except as provided for in subparagraph b of this
761		-	paragraph, no less than a quorum of the public body
762		-	shall be present in person at the meeting site as
763		-	posted on the meeting notice and agenda,
764		-
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789		-
790		-	b. a virtual charter school approved and sponsored by the
791		-	Statewide Virtual Charter School Board pursuant to the
792		-	provisions of Section 3 -145.3 of Title 70 of the
793		-	Oklahoma Statutes shall maintain a quorum of members
794		-	for the entire duration of the meeting whether using
795		-	an in-person site, videoconference sites or any
796		-	combination of such sites to achieve a quorum ;, and
797		-	c. each public meeting held by videoconference or
798		-	teleconference shall be recorded either by written,
799		-	electronic, or other means;
800		-	2. The meeting notice and agenda prepared in advance of the
801		-	meeting, as required by law, shall indicate if the meeting will
802		-	include videoconferencing locations and shall state:
803		-	a. the location, address, and telephone number of each
804		-	available videoconference site, and
805		-	b. the identity of each member of the public body and the
806		-	specific site from which each member of the body shall
807		-	be physically present and participating in the
808		-	meeting;
809		-	3. After the meeting notice and agenda are prepared and posted,
810		-	as required by law, no member of the public body shall be allowed to
811		-	participate in the meeting from any location other than the specif ic
812		-	location posted on the agenda in advance of the meeting;
813		-
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838		-
839		-	4. In order to allow the public the maximum opportunity to
840		-	attend and observe each public official carrying out the duties of
841		-	the public official, a member or members of a public body desiring
842		-	to participate in a meeting by videoconference shall participate in
843		-	the videoconference from a site and room located within the district
844		-	or political subdivision from which they are elected, appointed, or
845		-	are sworn to represent;
846		-	5. Each site and room where a member of the public body is
847		-	present for a meeting by videoconference shall be open and
848		-	accessible to the public, and the public shall be allowed into that
849		-	site and room. Public bodies may provide additional videoconference
850		-	sites as a convenience to the public, but additional sites shall not
851		-	be used to exclude or discourage public attendance at any
852		-	videoconference site;
853		-	6. The public shall be allowed to participate and speak, as
854		-	allowed by rule or policy set by the public body, in a meeting at
855		-	the videoconference site in the same manner and to the same extent
856		-	as the public is allowed to participate or speak at the site of the
857		-	meeting;
858		-	7. Any materials shared electronically between members of the
859		-	public body, before or during the videoconference, shall a lso be
860		-	immediately available to the public in the same form and manner as
861		-	shared with members of the public body; and
862		-
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887		-
888		-	8. All votes occurring during any meeting conducted using
889		-	videoconferencing shall occur and be recorded by roll call vote.
890		-	B. No public body shall conduct an executive session by
891		-	videoconference.
892		-	C. Upon the effective date of this act and until November 15,
893		-	2020, or the Governor declaring the state of emergency to be
894		-	terminated, whichever date first occurs March 31, 2024, the
895		-	provisions of this subsection and subsection D shall operate as law
896		-	in this state.
897		-	1. A public body may hold meetings by teleconference or
898		-	videoconference if each member of the public body is audible or
899		-	visible to each other and the public, subject to the following:
900		-	a. for a virtual charter school approved and sponsored by
901		-	the Statewide Virtual Charter School Board pursuant to
902		-	the provisions of the Oklahoma Statutes, the public
903		-	body shall maintain a quorum of members for the entire
904		-	duration of the meeting whether usin g an in-person
905		-	site, teleconference, or videoconference or any
906		-	combination of such sites to achieve a quorum, and
907		-	b. if the meeting is held using either teleconference or
908		-	videoconference capabilities, and at any time the
909		-	audio connection is disconnected, t he meeting shall be
910		-	stopped and reconvened once the audio connection is
911		-	restored;
912		-
913		-	ENGR. H. B. NO. 2644 Page 5 1
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938		-	2. The meeting notice and agenda prepared in advance of the
939		-	meeting, as required by law, shall indicate if the meeting will
940		-	include teleconferencing or videoconferencing and shall also state:
941		-	a. each public body member appearing remotely and the
942		-	method of each member's remote appearance, and
943		-	b. the identity of the public body member or members who
944		-	will be physically present at the meeting site, if
945		-	any;
946		-	3. After the meeting n otice and agenda are prepared and posted
947		-	as required by law, public body members shall not be permitted to
948		-	alter their method of attendance; provided, however, those members
949		-	who were identified as appearing remotely may be permitted to
950		-	physically appear at the meeting site, if any, for the meeting;
951		-	4. The public body shall be allowed to participate and speak,
952		-	as allowed by rule or policy set by the public body, in a meeting
953		-	which utilizes teleconference or videoconference in the same manner
954		-	and to the same extent as the public is allowed to participate or
955		-	speak during a meeting where all public body members are physically
956		-	present together at the meeting site;
957		-	5. Any materials shared electronically between members of the
958		-	public body during a meeting utilizi ng teleconferencing or
959		-	videoconferencing shall also be immediately available to the public
960		-	in the same form as shared with the members of the public body; and
961		-
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987		-	6. All votes occurring during any meeting utilizing
988		-	teleconference or videoconference shall occu r and be recorded by
989		-	roll call votes.
990		-	D. Public bodies are permitted to conduct an executive session
991		-	by teleconference or videoconference. For such executive sessions,
992		-	no public body member is required to be physically present so long
993		-	as each public body member is audible or visible to each other. The
994		-	meeting notice and agenda prepared in advance of the meeting as
995		-	required by law shall indicate if the executive session will include
996		-	teleconferencing or videoconferencing and shall also state the
997		-	identity of each public body member appearing remotely, the method
998		-	of each member's remote appearance, and whether any member will be
999		-	physically present at the meeting site, if any, for the executive
1000		-	session.
1001		-	SECTION 5. AMENDATORY 25 O.S. 201 1, Section 311, as last
1002		-	amended by Section 4, Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020,
1003		-	Section 311), is amended to read as follows:
1004		-	Section 311. A. Notwithstanding any other provisions of law,
1005		-	all regularly scheduled, continued or reconvened, special or
1006		-	emergency meetings of public bodies shall be preceded by public
1007		-	notice as follows:
1008		-	1. All public bodies shall give notice in writing by December
1009		-	15 of each calendar year of the schedule showing the date, time and
1010		-
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1036		-	place of the regularly scheduled meetin gs of such public bodies for
1037		-	the following calendar year;
1038		-	2. All state public bodies, including, but not limited to,
1039		-	public trusts and other bodies with the state as beneficiary, shall
1040		-	give such notice to the Secretary of State;
1041		-	3. All county public bodi es including, but not limited to,
1042		-	public trusts and any other bodies with the county as beneficiary,
1043		-	shall give such notice to the county clerk of the county wherein
1044		-	they are principally located;
1045		-	4. All municipal public bodies, including, but not limited to,
1046		-	public trusts and any other bodies with the municipality as
1047		-	beneficiary, shall give such notice to the municipal clerk of the
1048		-	municipality wherein they are principally located;
1049		-	5. All multicounty, regional, areawide or district public
1050		-	bodies including, but not limited to, district boards of education,
1051		-	shall give such notice to the county clerk of the county wherein
1052		-	they are principally located, or if no office exists, to the county
1053		-	clerk of the county or counties served by such public body;
1054		-	6. All governing boards of state institutions of higher
1055		-	education, and committees and subcommittees thereof, shall give such
1056		-	notice to the Secretary of State. All other public bodies covered
1057		-	by the provisions of the Oklahoma Open Meeting Act which exist under
1058		-	the auspices of a state institution of higher education, but a
1059		-	majority of whose members are not members of the institution's
1060		-
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1086		-	governing board, shall give such notice to the county clerk of the
1087		-	county wherein the institution is principally located;
1088		-	7. The Secretary of State and each county clerk or municipal
1089		-	clerk shall keep a record of all notices received in a register open
1090		-	to the public for inspection during regular office hours, and, in
1091		-	addition, shall make known upon any request of any person the
1092		-	contents of the register;
1093		-	8. If any change is to be made of the date, time or place of
1094		-	regularly scheduled meetings of public bodies, then notice in
1095		-	writing shall be given to the Secretary of State or county clerk or
1096		-	municipal clerk, as required herein, not less th an ten (10) days
1097		-	prior to the implementation of any such change;
1098		-	9. In addition to the advance public notice in writing required
1099		-	to be filed for regularly scheduled meetings, described in paragraph
1100		-	1 of this subsection, all public bodies shall, at least t wenty-four
1101		-	(24) hours prior to such regularly scheduled meetings, display
1102		-	public notice of the meeting by at least one of the following
1103		-	methods:
1104		-	a. by posting information that includes date, time, place
1105		-	and agenda for the meeting in prominent public view a t
1106		-	the principal office of the public body or at the
1107		-	location of the meeting if no office exists, or
1108		-	b. by posting on the public body's Internet website the
1109		-	date, time, place and agenda for the meeting in
1110		-
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1130		-	20
1131		-	21
1132		-	22
1133		-	23
1134		-	24
1135		-
1136		-	accordance with Section 3106.2 of Title 74 of the
1137		-	Oklahoma Statutes. Additionally, the public body
1138		-	shall offer and consistently maintain an email
1139		-	distribution system for distribution of such notice of
1140		-	a public meeting required by this subsection, and any
1141		-	person may request to be included without charge, an d
1142		-	their request shall be accepted. The emailed notice
1143		-	of a public meeting required by this subsection shall
1144		-	include in the body of the email or as an attachment
1145		-	to the email the date, time, place and agenda for the
1146		-	meeting and it shall be sent no less tha n twenty-four
1147		-	(24) hours prior to the meeting. Additionally, except
1148		-	as provided in subparagraph c of this paragraph, the
1149		-	public body shall make the notice of a public meeting
1150		-	required by this subsection available to the public in
1151		-	the principal office of t he public body or at the
1152		-	location of the meeting during normal business hours
1153		-	at least twenty–four (24) hours prior to the meeting,
1154		-	or
1155		-	c. upon the effective date of this act and until November
1156		-	15, 2020, or the Governor declaring the state of
1157		-	emergency to be terminated, whichever date first
1158		-	occurs March 31, 2024, the public body shall not be
1159		-	required to make the notice of a public meeting
1160		-
1161		-	ENGR. H. B. NO. 2644 Page 10 1
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1168		-	8
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1185		-
1186		-	available to the public in the principal office of the
1187		-	public body or at the location of the meeting during
1188		-	normal business hours at least twenty -four (24) hours
1189		-	prior to the meeting;
1190		-	10. The twenty-four (24) hours required in paragraph 9 of this
1191		-	subsection shall exclude Saturdays, Sundays and holidays legally
1192		-	declared by the State of Oklahoma. The posting or distribution of a
1193		-	notice of a public meeting as described in paragraph 9 of this
1194		-	subsection shall not preclude a public body from considering at its
1195		-	regularly scheduled meeting any new business. "New business", as
1196		-	used herein, shall mean any matter not known about or which could
1197		-	not have been reasonably foreseen prior to the time of the posting;
1198		-	11. In the event any meeting is to be continued or reconvened,
1199		-	public notice of such action including date, time and place of the
1200		-	continued meeting, shall be given by announce ment at the original
1201		-	meeting. Only matters appearing on the agenda of the meeting which
1202		-	is continued may be discussed at the continued or reconvened
1203		-	meeting;
1204		-	12. Special meetings of public bodies shall not be held without
1205		-	public notice being given at lea st forty-eight (48) hours prior to
1206		-	the meetings. Such public notice of date, time and place shall be
1207		-	given in writing, in person or by telephonic means to the Secretary
1208		-	of State or to the county clerk or to the municipal clerk by public
1209		-	bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of
1210		-
1211		-	ENGR. H. B. NO. 2644 Page 11 1
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1218		-	8
1219		-	9
1220		-	10
1221		-	11
1222		-	12
1223		-	13
1224		-	14
1225		-	15
1226		-	16
1227		-	17
1228		-	18
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1230		-	20
1231		-	21
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1233		-	23
1234		-	24
1235		-
1236		-	this subsection. The public body also shall cause written notice of
1237		-	the date, time and place of the meeting to be mailed or delivered to
1238		-	each person, newspaper, wire service, radio station and television
1239		-	station that has filed a written request for notice of meetings of
1240		-	the public body with the clerk or secretary of the public body or
1241		-	with some other person designated by the public body. Such written
1242		-	notice shall be mailed or delivered at least forty -eight (48) hours
1243		-	prior to the special meeting. The public body may charge a fee of
1244		-	up to Eighteen Dollars ($18.00) per year to persons or entities
1245		-	filing a written request for notice of meetings, and may require
1246		-	such persons or entities to renew the request for n otice annually.
1247		-	In addition, all public bodies shall, at least twenty -four (24)
1248		-	hours prior to such special meetings, display public notice of the
1249		-	meeting, setting forth thereon the date, time, place and agenda for
1250		-	the meeting. Only matters appearing on the posted agenda may be
1251		-	considered at the special meeting. Such public notice shall be
1252		-	posted in prominent public view at the principal office of the
1253		-	public body or at the location of the meeting if no office exists.
1254		-	Twenty-four (24) hours prior public posting shall exclude Saturdays,
1255		-	Sundays and holidays legally declared by the State of Oklahoma. In
1256		-	lieu of the public posting requirements of this paragraph, a public
1257		-	body may elect to follow the requirements found in subparagraph b of
1258		-	paragraph 9 of this subsection, provided that forty -eight-hour
1259		-	notice is required for special meetings and that the forty -eight-
1260		-
1261		-	ENGR. H. B. NO. 2644 Page 12 1
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1285		-
1286		-	hour requirement shall exclude Saturdays, Sundays and holidays
1287		-	legally declared by the State of Oklahoma; and
1288		-	13. In the event of an emergency, a n emergency meeting of a
1289		-	public body may be held without the public notice heretofore
1290		-	required. Should an emergency meeting of a public body be
1291		-	necessary, the person calling such a meeting shall give as much
1292		-	advance public notice as is reasonable and poss ible under the
1293		-	circumstances existing, in person or by telephonic or electronic
1294		-	means; and
1295		-	14. Any public body that gives public notice of any meeting for
1296		-	which there will be a videoconference option in accordance with
1297		-	Section 307.1 of this title shall no t modify the method of meeting
1298		-	described in the notice prior to the meeting and shall conduct the
1299		-	meeting according to the methods described in the notice. If a code
1300		-	or password is required to log in to the videoconference meeting,
1301		-	such code or password s hall be included in the meeting notice .
1302		-	B. 1. All agendas required pursuant to the provisions of this
1303		-	section shall identify all items of business to be transacted by a
1304		-	public body at a meeting including, but not limited to, any proposed
1305		-	executive session for the purpose of engaging in deliberations or
1306		-	rendering a final or intermediate decision in an individual
1307		-	proceeding prescribed by the Administrative Procedures Act.
1308		-	2. If a public body proposes to conduct an executive session,
1309		-	the agenda shall:
1310		-
1311		-	ENGR. H. B. NO. 2644 Page 13 1
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1318		-	8
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1320		-	10
1321		-	11
1322		-	12
1323		-	13
1324		-	14
1325		-	15
1326		-	16
1327		-	17
1328		-	18
1329		-	19
1330		-	20
1331		-	21
1332		-	22
1333		-	23
1334		-	24
1335		-
1336		-	a. contain sufficient information for the public to
1337		-	ascertain that an executive session will be proposed,
1338		-	b. identify the items of business and purposes of the
1339		-	executive session, and
1340		-	c. state specifically the provision of Section 307 of
1341		-	this title authorizing t he executive session.
1342		-	SECTION 6. It being immediately necessary for the preservation
1343		-	of the public peace, health or safety, an emergency is hereby
1344		-	declared to exist, by reason whereof this act shall take effect and
1345	668		be in full force from and after its passage an d approval.
1346		-	Passed the House of Representatives the 9th day of March, 2021.
1347		-
1348		-
1349		-
1350		-
1351		-	Presiding Officer of the House
1352		-	of Representatives
1353		-
1354		-
1355		-	Passed the Senate the ___ day of __________, 2021.
1356		-
1357		-
1358		-
1359		-
1360		-	Presiding Officer of the Senate
1361		-
1362		-
1363		-
	669	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	670	+	April 6, 2021 - DO PASS AS AMENDED