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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 3415 By: Pae and Phillips of the
House
and
Howard of the Senate
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Section s 304 and 307.1, which
relate to authorized methods for conducting meetings;
modifying definitions; modifying provisions related
to videoconferences; prescribing procedures relate d
to the conduct of meetings by electronic methods;
providing certain exceptions; prohibiting certain
electronic communications during public meetings;
prescribing procedures related to videoconferen ces or
teleconferences; providing for emergency
declarations; providing fo r streaming of proceedings;
requiring retention of records; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, is
amended to read as follows :
Section 304. As used in the Oklahoma Open Meeting Act:
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1. "Public body" means the g overning bodies of all
municipalities located within this state, boards of county
commissioners of the counties in this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, co uncils, 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 stat e
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 committe es or subcommittees of any public body.
Public body shall not include the state judiciary, the Council on
Judicial Complaints when conducting, discussing, or de liberating 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 wh en 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 Sec tion 1-502.2 of
Title 63 of the Oklahoma Statutes or any school board meeting for
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the sole purpose of considering recommendations of a
multidisciplinary team and deciding the placement of an y child who
is the subject of the recommendations. Furthermore, p ublic 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 steward s are officiating at
races or otherwise enforcing rules of the Com mission. Furthermore,
public body shall not include the board of directors of a Federally
Qualified Health Center;
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 in formal 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 mee ting 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 defi ned as a situation involving injury
to persons or injury and damage to public or personal prope rty or
immediate financial loss when the time requirements for pub lic
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notice of a special meeting would make such procedure impractical
and increase the likeliho od of injury or damage or immediate
financial loss or a public health emergency ;
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 t he continuance is made may be discussed
at a continued or reconvened meeting;
7. "Public health emergency" means a situation where the
circumstances lead state or local elected officials, as applicable
in this act, to determine a risk of substantial death or harm to the
human population of the state or a particular applicable political
subdivision;
8. "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 techn ology permitting
both visual and auditory communication between and among m embers 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 fun ctions shall attempt to be
utilized; and
8. 9. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
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telecommunication devices and/or technology permitting audito ry
communication between and among members of the public body and/or
between and among members of the public body and members of the
public.
SECTION 2. AMENDATORY 25 O.S. 2021, 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 A public body may hold meetings and executive
sessions by videoconference or teleconference during a lawfully
called emergency meeting where each member of the public body is
visible and audible to each other and the public th rough a video
monitor may participate in the meetings electronically, subject to
the following:
1. a. except as provided f or in subparagraph b of this
paragraph, no less than a quorum 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 Boa rd pursuant to the
provisions of Section 3 -145.3 of Title 70 of the
Oklahoma Statutes Public bodies shall maintain a
quorum of members for the entire durat ion of the
meeting whether using an in-person site,
videoconference sites or any combination of such sites
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to achieve a quorum;. Members participating remotely
may do so from any fixed location, and the meeting
shall be open to the public . With the exception of
those communications made pursuant to a lawfully
convened executive session, no private electronic
communications concer ning public business may occur
during a public meeting by members of the governing
body, and
c. b. each Each public meeting held by videoconference or
teleconference in compliance with this section shall
be recorded either by written, electronic, or other
means have minutes prepared in compliance with st ate
and local law;
2. The meeting notice a nd agenda prepared in advance of the
meeting, as required by law, shall indic ate if the meeting will may
include videoconferencing locations electronic or in-person
participation 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 participating in the meeting
and/or electronic source that may be uti lized to
access the meeting;
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3. After the meeting no tice and agenda are prepared and posted,
as required by law, no member of the public body shall be allowed to
participate in the me eting from any location other than the specific
location posted on the agenda in advance of the meeting;
4. In order to allo w the public the maximum opportunity to
attend and observe each public off icial carrying out the duties of
the public official, a m ember 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 memb er of the public body is
present for a meeting by videoconference shall be open and
accessible to the public, and t he public shall be allowed into t hat
site and room. Public bodies may provide additional videoconference
sites as a convenience to the publi c, but additional sites shall not
be used to exclude or discourage public attendance at any
videoconference site ;
6. 3. The public shall be allowed to participate and speak, as
allowed by at meetings held by videoconference or teleconference to
the extent such participation is consistent with a previously
adopted rule or policy set by the public body, in a meeting at the
videoconference site in the same manner and to the sam e extent as
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the public is allowed to participate or speak at the site of the
meeting;
7. 4. Any materials shared electronically between members of
the public body, before or during the videoconference a public
meeting, shall also be immediately made available to the public in
the same form and manner as shared with members of the public body;
and
8. 5. All votes occurring during any m eeting conducted using
videoconferencing electronic means shall occur and be recorded by
roll call vote;
6. Meetings held by video conference or teleconference
authorized under this section may occur without an in-person meeting
conducted and the meetings must occur during a state of emergency
declared by the Governor to respond to the threat of the public's
peace, health, and safety, or during a locally declared st ate of
emergency declared by a mayor or chairman of a board of county
commissioners whereby such locally declared sta te of emergency shall
not continue for more than thirty (30) days without ratifica tion of
the respective public body ;
7. Public bodies are permitted to conduct an executive session
by teleconference or video conference to the extent a quorum is
present in compliance with the provisions of this act ; and
8. To the extent practicable, if a public body maintains a
website, has dedicated information technology employees, and has
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immediate access to a high-speed Internet connection, such meeting s
of the public body shall be streamed live on a website, or video of
the meeting made available thr ough an alternative website that is
linked from the public body's website. Video of such meetings shall
be maintained by the public body and available to the public until
minutes are made available for inspection by the public as required
by Section 312 of this title. Videos created under this paragraph
are subject to the retention requirements inclu ded herein and are
not subject to any other record or retention statute. The
provisions of this paragraph shall not apply if there exists, or if
a governing body determines, the implementation of this paragraph
creates a significant financial burden .
B. No public body shall conduc t an executive session by
videoconference.
C. Upon the effective date of this act and until February 15,
2022, or until thirty (30) days after the expiration or termina tion
of the state of emergency declared by the Governor to respond to the
threat of COVID-19 to the people of this state and the publi c's
peace, health and safety, whichever date first occurs, the
provisions of this subsection and subsection D shall operat e 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:
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a. for a virtual charter school approved and sp onsored 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 whether using an in-person
site, teleconference, or videoco nference or any
combination of such sites to achieve a quorum, and
b. if the meeting is held using either teleconference or
videoconference capabilities, and at any time the
audio connection is disconnected, the me eting shall be
stopped and reconvened once the audio connection is
restored;
2. The meeting notice and agenda prepared in advanc e of the
meeting, as required by law, shall ind icate if the meeting will
include teleconferencing or videoconferencing and shal l also state:
a. each public body member a ppearing remotely and the
method of each member's remote appearance, and
b. the identity of the public body member or members who
will be physically present at the meeting site, if
any;
3. 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 atten dance; provided, however, those members
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who were identified as appearing remotely may be permitted to
physically appear at the meeting site, if any, for the meeting;
4. The public body shall be allowed to participate and speak,
as allowed by rule or polic y set by the public body, in a meeting
which utilizes teleconference or videoconference in the same manner
and to the same exte nt 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. Any documents or oth er materials provided to members of the
public body or shared electronically bet ween members of the public
body during a meeting utilizing teleconferencing or
videoconferencing shall also be immediately availa ble to the public
on the website of the public body, if the public body maintains a
website; and
6. All votes occurring during any meeting utilizing
teleconference or videoconference shall occur and be recorded by
roll call votes.
D. Public bodies are pe rmitted to conduct an executive session
by teleconference or videoconference. For such executive sessions,
no public body member is required 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 meetin g as
required by law shall indicate if the executive session will include
teleconferencing or videoconferencing and shall also state the
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identity of each public body member appearing remotely, 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, 2022.
58-2-11579 MAH 05/17/22