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Oklahoma House Bill HB3415

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3415 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-2nd Session of the 58th Legislature (2022)
31-
32-CONFERENCE COMMITTEE
33-SUBSTITUTE
34-FOR ENGROSSED
35-HOUSE BILL NO. 3415 By: Pae and Phillips of the
28+ENGROSSED SENATE AMENDMENT
29+TO
30+ENGROSSED HOUSE
31+BILL NO. 3415 By: Pae and Phillips of the
3632 House
3733
3834 and
3935
4036 Howard of the Senate
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46-
47-
48-CONFERENCE COMMITTEE SUBSTITUTE
49-
5042 An Act relating to the Oklahoma Open Meeting Act;
5143 amending 25 O.S. 2021, Se ctions 304 and 307.1, which
5244 relate to authorized methods for conducting meeting s;
5345 modifying definitions; modifying provisions related
5446 to videoconferences; prescribing procedures relate d
5547 to the conduct of meetings by electronic methods;
5648 providing certain exceptions; prohibiting certain
5749 electronic communications during public meetings;
58-prescribing procedures related to videoconferen ces or
59-teleconferences; providing for emergency
60-declarations; providing fo r streaming of proceedings;
61-requiring retention of records; and providing an
62-effective date.
50+providing for suspension of ability to achieve quorum
51+by electronic means under certain condition s;
52+imposing time limit; providing for ratification by
53+public body; and providing an effective date.
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58+AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
59+entire bill and insert
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68-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
69-SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, is
70-amended to read as follows :
71-Section 304. As used in the Oklahoma Open Meeting Act:
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62+“An Act relating to the Oklahoma Open Meeting Act;
63+amending 25 O.S. 2021, Sections 307.1 and 311, which
64+relate to videoconferences and teleconferences and
65+notice; requiring live stream of certa in meetings;
66+requiring maintenance of certain video by public body
67+for certain period; authorizing certain alternate
68+meeting procedures during emergency declaration;
69+specifying expiration of alternate meeting
70+procedures; modifying certain notice requiremen t in
71+emergency circumstances; and declaring an emergency.
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98-1. "Public body" means the g overning bodies of all
99-municipalities located within this state, boards of county
100-commissioners of the counties in this state, boards of public and
101-higher education in this state and all boards, bureaus, commissions,
102-agencies, trusteeships, authorities, co uncils, committees, public
103-trusts or any entity created by a public trust, including any
104-committee or subcommittee composed of any of the members of a public
105-trust or other legal entity receiving funds from the Rural Economic
106-Action Plan Fund as authorized by Section 2007 of Title 62 of the
107-Oklahoma Statutes, task forces or study groups in this stat e
108-supported in whole or in part by public funds or entrusted with the
109-expending of public funds, or administering public property, and
110-shall include all committe es or subcommittees of any public body.
111-Public body shall not include the state judiciary, the Council on
112-Judicial Complaints when conducting, discussing, or de liberating any
113-matter relating to a complaint received or filed with the Council,
114-the Legislature, or administrative staffs of public bodies,
115-including, but not limited to, faculty meetings and athletic staff
116-meetings of institutions of higher education wh en those staffs are
117-not meeting with the public body, or entry -year assistance
118-committees. Furthermore, public body shall not include the
119-multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
120-of the Oklahoma Statutes and subsection C of Sec tion 1-502.2 of
121-Title 63 of the Oklahoma Statutes or any school board meeting for
101+BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
102+SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, is
103+amended to read as follows:
104+Section 307.1. A. Except as provided in subsections C and D of
105+this section, a public body may hold meetings by videoconf erence
106+where each member of the public body is visible and audible to each
107+other and the public th rough a video monitor, subject to the
108+following:
109+1. a. except as provided for in subparagraph b of this
110+paragraph, no less than a quorum of the public body
111+shall be present in person at the meeting site as
112+posted on the meeting notice and agenda,
113+b. a virtual charter school approved and sponsored b y the
114+Statewide Virtual Charter School Board pursuant to the
115+provisions of Section 3-145.3 of Title 70 of the
116+Oklahoma Statutes shall maintain a quorum of members
117+for the entire duration of the meeting whether usi ng
118+an in-person site, videoconference sites or any
119+combination of such sites to achieve a quorum ;, and
120+c. each public meeting held by videoconference or
121+teleconference shall be recorded either by written,
122+electronic, or other means;
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148-the sole purpose of considering recommendations of a
149-multidisciplinary team and deciding the placement of an y child who
150-is the subject of the recommendations. Furthermore, p ublic body
151-shall not include meetings conducted by stewards designated by the
152-Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
153-3A of the Oklahoma Statutes when the steward s are officiating at
154-races or otherwise enforcing rules of the Com mission. Furthermore,
155-public body shall not include the board of directors of a Federally
156-Qualified Health Center;
157-2. "Meeting" means the conduct of business of a public body by
158-a majority of its members being personally together or, as
159-authorized by Section 307.1 of this title, together pursuant to a
160-videoconference. Meeting shall not include in formal gatherings of a
161-majority of the members of the public body when no business of the
162-public body is discussed;
163-3. "Regularly scheduled meeting" means a mee ting at which the
164-regular business of the public body is conducted;
165-4. "Special meeting" means any meeting of a public body other
166-than a regularly scheduled meeting or emergency meeting;
167-5. "Emergency meeting" means any meeting called for the purpose
168-of dealing with an emergency. For purposes of the Oklahoma Open
169-Meeting Act, an emergency is defi ned as a situation involving injury
170-to persons or injury and damage to public or personal prope rty or
171-immediate financial loss when the time requirements for pub lic
149+2. The meeting notice a nd agenda prepared in advance of the
150+meeting, as required by law, shall indicate if the meeting will
151+include videoconferencing locations and shall state:
152+a. the location, address, and telephone number of each
153+available videoconference site, and
154+b. the identity of each member of the public body and the
155+specific site from which each member of the body shall
156+be physically present and participating in the
157+meeting;
158+3. After the meeting notice and agenda are prepared a nd posted,
159+as required by law, no member of the public body shall be allowed to
160+participate in the meeting from any location other than the specifi c
161+location posted on the agenda in advance of the meeti ng;
162+4. In order to allow the public the maximum oppor tunity to
163+attend and observe each public off icial carrying out the duties of
164+the public official, a member or members of a public body desiring
165+to participate in a meeting by videoconference shall parti cipate in
166+the videoconference from a site and room loc ated within the district
167+or political subdivision from which they are elected, appointe d, or
168+are sworn to represent;
169+5. Each site and room where a member of the public body is
170+present for a meeting by videoconference shall be open and
171+accessible to the pu blic, and the public shall be allowed into t hat
172+site and room. Public bodies may provi de additional videoconference
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198-notice of a special meeting would make such procedure impractical
199-and increase the likeliho od of injury or damage or immediate
200-financial loss or a public health emergency ;
201-6. "Continued or reconvened meeting" means a meeting which is
202-assembled for the purpose of finishing business appearing on an
203-agenda of a previous meeting. For the purposes of the Oklahoma Open
204-Meeting Act, only matters on the agenda of the previous meeting at
205-which the announcement of t he continuance is made may be discussed
206-at a continued or reconvened meeting;
207-7. "Public health emergency" means a situation where the
208-circumstances lead state or local elected officials, as applicable
209-in this act, to determine a risk of substantial death or harm to the
210-human population of the state or a particular applicable political
211-subdivision;
212-8. "Videoconference" means a conference among members of a
213-public body remote from one another who are linked by interactive
214-telecommunication devices or technology and/or techn ology permitting
215-both visual and auditory communication between and among m embers of
216-the public body and/or between and among members of the public body
217-and members of the public. During any videoconference, both the
218-visual and auditory communications fun ctions shall attempt to be
219-utilized; and
220-8. 9. "Teleconference" means a conference among members of a
221-public body remote from one another who are linked by
199+sites as a convenience to the public, but additional sites shall not
200+be used to exclude or discourage public attendance at any
201+videoconference site;
202+6. The public shall be allowed to participate and speak, as
203+allowed by rule or policy set by the public body, in a meeting at
204+the videoconference site in the same manner and to the same exten t
205+as the public is allowed to participate or speak at the site of the
206+meeting;
207+7. Any materials shared electronically between members of the
208+public body, before or during the videoconference, shall al so be
209+immediately available to the public in the same f orm and manner as
210+shared with members of the public bo dy; and
211+8. All votes occurring during any m eeting conducted using
212+videoconferencing sh all occur and be recorded by roll call vote; and
213+9. To the extent practicable, if a public body maintains a
214+website and has immediate access to a high-speed Internet
215+connection, such meetings of the public body shall be streamed live
216+on the website. Video of such meetings shall be maintained by the
217+public body and available to the public until minutes are made
218+available for inspection by the public as required by Section 312 of
219+this title.
220+B. No Except as provided in subsection D of this section, no
221+public body shall conduct an executive session by videoconference.
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248-telecommunication devices and/or technology permitting audito ry
249-communication between and among members of the public body and/or
250-between and among members of the public body and members of the
251-public.
252-SECTION 2. AMENDATORY 25 O.S. 2021, Section 307.1, is
253-amended to read as follows:
254-Section 307.1 A. Except as provided in subsections C and D of
255-this section, a A public body may hold meetings and executive
256-sessions by videoconference or teleconference during a lawfully
257-called emergency meeting where each member of the public body is
258-visible and audible to each other and the public th rough a video
259-monitor may participate in the meetings electronically, subject to
260-the following:
261-1. a. except as provided f or in subparagraph b of this
262-paragraph, no less than a quorum of the public body
263-shall be present in person at the meeting site as
264-posted on the meeting notice and agenda,
265-b. a virtual charter school approved and sponsored by the
266-Statewide Virtual Charter School Boa rd pursuant to the
267-provisions of Section 3 -145.3 of Title 70 of the
268-Oklahoma Statutes Public bodies shall maintain a
269-quorum of members for the entire durat ion of the
270-meeting whether using an in-person site,
271-videoconference sites or any combination of such sites
248+C. Upon the effective date of this act and until February 15,
249+2022, or until thirty (30) days after the expiration or termination
250+of the state of emergency d eclared by the Governor to respo nd to the
251+threat of COVID-19 to the people of this state and the public’s
252+peace, health and safety, whichever date first occurs, the The
253+provisions of this subsecti on and subsection D of this section shall
254+operate as law in this state apply to a public body in any county in
255+which the Governor or board of county commis sioners has declared a
256+state of emergency until the emergency declaration expires or is
257+terminated.
258+1. A public body may hold meetings by teleconference or
259+videoconference if each member of the public body is audible or
260+visible to each other and the pub lic, subject to the following:
261+a. for a virtual charter school approved and sponsored by
262+the Statewide Virtua l Charter School Board pursuant to
263+the provisions of the Oklahoma Statutes, the public
264+body shall maintain a quorum of members for the entire
265+duration of the meeting whether using an in -person
266+site, teleconference, or videoconference or any
267+combination of such sites to achieve a quorum, and
268+b. if the meeting is held using either teleconferen ce or
269+videoconference capabilities, and at any time the
270+audio connection is disconnected, the meeting shal l be
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298-to achieve a quorum;. Members participating remotely
299-may do so from any fixed location, and the meeting
300-shall be open to the public . With the exception of
301-those communications made pursuant to a lawfully
302-convened executive session, no private electronic
303-communications concer ning public business may occur
304-during a public meeting by members of the governing
305-body, and
306-c. b. each Each public meeting held by videoconference or
307-teleconference in compliance with this section shall
308-be recorded either by written, electronic, or other
309-means have minutes prepared in compliance with st ate
310-and local law;
297+stopped and reconvened once the audio connection is
298+restored;
311299 2. The meeting notice and agenda prepared in advance of the
312-meeting, as required by law, shall indic ate if the meeting will may
313-include videoconferencing locations electronic or in-person
314-participation and shall state:
315-a. the location, address, and telephone number of each
316-available videoconference site , and
317-b. the identity of each member of the public body and the
318-specific site from which each member of the body shall
319-be physically present and participating in the meeting
320-and/or electronic source that may be uti lized to
321-access the meeting;
300+meeting, as required b y law, shall indicate if the meeting will
301+include teleconferencing or videoconferencing and shall also sta te:
302+a. each public body member appearing remotely and the
303+method of each member’s remote appearance, and
304+b. the identity of the public body member or members who
305+will be physically present at the meeting site, if
306+any;
307+3. After the meeting notice and agend a are prepared and posted
308+as required by law, public body membe rs shall not be permitted to
309+alter their method of attendance; provided, however, those members
310+who were identified as appearing remotely may be pe rmitted to
311+physically appear at the meeting si te, if any, for the meeting;
312+4. The public body shall be allow ed to participate and speak,
313+as allowed by rule or policy set by the public body, in a meeting
314+which utilizes teleconference or videoconference in the same manner
315+and to the same extent as the public is allowed to participate or
316+speak during a meeting wher e all public body members are physically
317+present together at the meeting site;
318+5. Any documents or other materials provided to members of the
319+public body or shared electronically between membe rs of the public
320+body during a meeting utilizing teleconferenci ng or
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348-3. After the meeting no tice and agenda are prepared and posted,
349-as required by law, no member of the public body shall be allowed to
350-participate in the me eting from any location other than the specific
351-location posted on the agenda in advance of the meeting;
352-4. In order to allo w the public the maximum opportunity to
353-attend and observe each public off icial carrying out the duties of
354-the public official, a m ember or members of a public body desiring
355-to participate in a meeting by videoconference shall participate in
356-the videoconference from a site and room located within the district
357-or political subdivision from which they are elected, appointed, or
358-are sworn to represent;
359-5. Each site and room where a memb er of the public body is
360-present for a meeting by videoconference shall be open and
361-accessible to the public, and t he public shall be allowed into t hat
362-site and room. Public bodies may provide additional videoconference
363-sites as a convenience to the publi c, but additional sites shall not
364-be used to exclude or discourage public attendance at any
365-videoconference site ;
366-6. 3. The public shall be allowed to participate and speak, as
367-allowed by at meetings held by videoconference or teleconference to
368-the extent such participation is consistent with a previously
369-adopted rule or policy set by the public body, in a meeting at the
370-videoconference site in the same manner and to the sam e extent as
347+videoconferencing shall also be immediately available to the public
348+on the website of the public body, if the public body maintains a
349+website; and
350+6. All votes occurring during any meeti ng utilizing
351+teleconference or videoconference shall occur and be recorded by
352+roll call votes.
353+D. Public bodies are permitted to may conduct an executive
354+session by teleconference or videoconference in any county in which
355+the Governor or the board of county commissioners has declared a
356+state of emergency until the emergency declaration expires or is
357+terminated. For such executive sessions, no public body member is
358+required to be physically present so long as eac h public body member
359+is audible or visible to each other. The meeting notice and agenda
360+prepared in advance of the meeting as required by law shall indicate
361+if the executive session will include teleconferencing or
362+videoconferencing and shall also state t he identity of each public
363+body member appearing remotely, the method of each member ’s remote
364+appearance, and whether any member will b e physically present at the
365+meeting site, if any, for the executive session.
366+SECTION 2. AMENDATORY 25 O.S. 2021, Section 311, is
367+amended to read as follows:
368+Section 311. A. Notwithstanding any other provisions of law,
369+all regularly scheduled, continued or rec onvened, special or
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397-the public is allowed to participate or speak at the site of the
398-meeting;
399-7. 4. Any materials shared electronically between members of
400-the public body, before or during the videoconference a public
401-meeting, shall also be immediately made available to the public in
402-the same form and manner as shared with members of the public body;
403-and
404-8. 5. All votes occurring during any m eeting conducted using
405-videoconferencing electronic means shall occur and be recorded by
406-roll call vote;
407-6. Meetings held by video conference or teleconference
408-authorized under this section may occur without an in-person meeting
409-conducted and the meetings must occur during a state of emergency
410-declared by the Governor to respond to the threat of the public's
411-peace, health, and safety, or during a locally declared st ate of
412-emergency declared by a mayor or chairman of a board of county
413-commissioners whereby such locally declared sta te of emergency shall
414-not continue for more than thirty (30) days without ratifica tion of
415-the respective public body ;
416-7. Public bodies are permitted to conduct an executive session
417-by teleconference or video conference to the extent a quorum is
418-present in compliance with the provisions of this act ; and
419-8. To the extent practicable, if a public body maintains a
420-website, has dedicated information technology employees, and has
396+emergency meetings of publ ic bodies shall be preceded by public
397+notice as follows:
398+1. All public bodies shall give notice in writing by December
399+15 of each calendar year of th e schedule showing the date, tim e and
400+place of the regularly scheduled meetings of such public bodies for
401+the following calendar year;
402+2. All state public bodies including, but not limited t o,
403+public trusts and other bodies with the state as beneficiary, shall
404+give such notice to the Se cretary of State;
405+3. All county public bodies including, but not limited to,
406+public trusts and any other bodies with the county as beneficiary,
407+shall give such notice to the county clerk of the county wherein
408+they are principally located;
409+4. All municipal public bodies including, b ut not limited to,
410+public trusts and any other bodies with the municipality as
411+beneficiary, shall give such notice to the municipal clerk of the
412+municipality wherein they are principally located;
413+5. All multicounty, regional, a reawide or district public
414+bodies including, but not limited to, district boards of education,
415+shall give such notice to the county clerk of the county wherein
416+they are principally located, or if no office exists, to the cou nty
417+clerk of the county or count ies served by such public bo dy;
418+6. All governing boards of state institut ions of higher
419+education, and committees and subcommittees thereof, shall give such
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447-immediate access to a high-speed Internet connection, such meeting s
448-of the public body shall be streamed live on a website, or video of
449-the meeting made available thr ough an alternative website that is
450-linked from the public body's website. Video of such meetings shall
451-be maintained by the public body and available to the public until
452-minutes are made available for inspection by the public as required
453-by Section 312 of this title. Videos created under this paragraph
454-are subject to the retention requirements inclu ded herein and are
455-not subject to any other record or retention statute. The
456-provisions of this paragraph shall not apply if there exists, or if
457-a governing body determines, the implementation of this paragraph
458-creates a significant financial burden .
459-B. No public body shall conduc t an executive session by
460-videoconference.
461-C. Upon the effective date of this act and until February 15,
462-2022, or until thirty (30) days after the expiration or termina tion
463-of the state of emergency declared by the Governor to respond to the
464-threat of COVID-19 to the people of this state and the publi c's
465-peace, health and safety, whichever date first occurs, the
466-provisions of this subsection and subsection D shall operat e as law
467-in this state.
468-1. A public body may hold meetings by teleconference or
469-videoconference if each member of the public body is audible or
470-visible to each other and the public, subject to the following:
446+notice to the Secretary of State. All other public bodies covered
447+by the provisions of the Oklaho ma Open Meeting Act which ex ist under
448+the auspices of a state institution of higher education, but a
449+majority of whose members are not members of the instituti on’s
450+governing board, shall give such notice to the county clerk of the
451+county wherein the instit ution is principally located ;
452+7. The Secretary of State and each county c lerk or municipal
453+clerk shall keep a record of all notices received in a register ope n
454+to the public for inspection during regular office hours, and, in
455+addition, shall make known up on any request of any person the
456+contents of the register;
457+8. If any change is to be made of the date, time or place of
458+regularly scheduled meetings of public bodies, then notice in
459+writing shall be given to the Secretary o f State or county clerk or
460+municipal clerk, as required here in, not less than ten (10) days
461+prior to the implementation of any such change;
462+9. In addition to the advance public notice in wri ting required
463+to be filed for regularly scheduled meetings, descr ibed in paragraph
464+1 of this subsection, all public bodies sh all, at least twenty-four
465+(24) hours prior to such regularly scheduled meetings, display
466+public notice of the meeting by at least o ne of the following
467+methods:
468+a. by posting information that inclu des date, time, place
469+and agenda for the meeting in prominen t public view at
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497-a. for a virtual charter school approved and sp onsored by
498-the Statewide Virtual Charter School Board pursuant to
499-the provisions of the Oklahoma Statutes, the public
500-body shall maintain a quorum of members for the entire
501-duration of the meeting whether using an in-person
502-site, teleconference, or videoco nference or any
503-combination of such sites to achieve a quorum, and
504-b. if the meeting is held using either teleconference or
505-videoconference capabilities, and at any time the
506-audio connection is disconnected, the me eting shall be
507-stopped and reconvened once the audio connection is
508-restored;
509-2. The meeting notice and agenda prepared in advanc e of the
510-meeting, as required by law, shall ind icate if the meeting will
511-include teleconferencing or videoconferencing and shal l also state:
512-a. each public body member a ppearing remotely and the
513-method of each member's remote appearance, and
514-b. the identity of the public body member or members who
515-will be physically present at the meeting site, if
516-any;
517-3. After the meeting notice and agenda are prepared and posted
518-as required by law, public body members shall not be permitted to
519-alter their method of atten dance; provided, however, those members
496+the principal office of the p ublic body or at the
497+location of the meeting if no office exists, or
498+b. by posting on the public body’s Internet website the
499+date, time, place and age nda for the meeting in
500+accordance with Section 3106.2 of Tit le 74 of the
501+Oklahoma Statutes. Additionally, the public body
502+shall offer and consistentl y maintain an email
503+distribution system f or distribution of such notice of
504+a public meeting required by th is subsection, and any
505+person may request to be included wit hout charge, and
506+their request shall be accept ed. The emailed notice
507+of a public meeting required by this subsection shall
508+include in the body of the email or as an attachment
509+to the email the date, time, place and agenda for t he
510+meeting and it shall be s ent no less than twenty-four
511+(24) hours prior to the meeting. Additionally, except
512+as provided in subparagraph c of this paragraph , the
513+public body shall make the notice of a public meeting
514+required by this subsection available to the public in
515+the principal office of the public body or at the
516+location of the meeting during normal business hou rs
517+at least twenty–four (24) hours prior to the meeting,
518+or
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546-who were identified as appearing remotely may be permitted to
547-physically appear at the meeting site, if any, for the meeting;
548-4. The public body shall be allowed to participate and speak,
549-as allowed by rule or polic y set by the public body, in a meeting
550-which utilizes teleconference or videoconference in the same manner
551-and to the same exte nt as the public is allowed to participate or
552-speak during a meeting where all public body members are physically
553-present together at the meeting site;
554-5. Any documents or oth er materials provided to members of the
555-public body or shared electronically bet ween members of the public
556-body during a meeting utilizing teleconferencing or
557-videoconferencing shall also be immediately availa ble to the public
558-on the website of the public body, if the public body maintains a
559-website; and
560-6. All votes occurring during any meeting utilizing
561-teleconference or videoconference shall occur and be recorded by
562-roll call votes.
563-D. Public bodies are pe rmitted to conduct an executive session
564-by teleconference or videoconference. For such executive sessions,
565-no public body member is required to be physically present so long
566-as each public body member is audible or visible to each other. The
567-meeting notice and agenda prepared in advance of the meetin g as
568-required by law shall indicate if the executive session will include
569-teleconferencing or videoconferencing and shall also state the
545+c. upon the effective date of this act and unt il February
546+15, 2022, or until t hirty (30) days after the
547+expiration or termination of the state of emerge ncy
548+declared by the Governor to respond to t he threat of
549+COVID-19 to the people of th is state and the public ’s
550+peace, health and safety, whichever dat e first occurs
551+for a public body in any county in which the Governor
552+or board of county comm issioners has declared a state
553+of emergency until the emer gency declaration expires
554+or is terminated, the public body shall not be
555+required to make the notice of a public meeting
556+available to the publ ic in the principal office of th e
557+public body or at the loca tion of the meeting during
558+normal business hours at le ast twenty-four (24) hours
559+prior to the meeting;
560+10. The twenty-four (24) hours required in paragraph 9 of this
561+subsection shall exclude Satu rdays, Sundays and holidays lega lly
562+declared by the State of Oklahoma. The posting or distribution of a
563+notice of a public meeting as described in paragraph 9 of this
564+subsection shall not preclude a public body from considering at its
565+regularly scheduled meeting any new business. “New business”, as
566+used herein, shall mean any matter not known about or which could
567+not have been reasonably foreseen prior to the time of the posting;
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594+11. In the event any meeting is to be continued or reconvened,
595+public notice of such action including date, time and place of the
596+continued meeting, shall be given by announcement at the or iginal
597+meeting. Only matters appearing on the agenda of the meeting which
598+is continued may be discussed at the continued or reconvened
599+meeting;
600+12. Special meetings of publ ic bodies shall not be held without
601+public notice being given at least forty -eight (48) hours prior to
602+the meetings. Such public notice of date, time and place shall be
603+given in writing, in person or by telephonic means to the Secretary
604+of State or to the county clerk or to the muni cipal clerk by public
605+bodies in the manner set forth i n paragraphs 2, 3, 4, 5 and 6 of
606+this subsection. The public body also shall cause written notice of
607+the date, time and place of the meeting to be mailed or delivered to
608+each person, newspaper, wire se rvice, radio station and television
609+station that has filed a written request for notice of meetings of
610+the public body with the clerk or secretary of the public body or
611+with some other person desi gnated by the public body. Such written
612+notice shall be mailed or delivered at least forty-eight (48) hours
613+prior to the special meeting. The public body may charge a fee of
614+up to Eighteen Dollars ($18.00) per year to persons or entities
615+filing a written request for notice of meetings, and may require
616+such persons or entities to renew the request for notice annually .
617+In addition, all public bodies shall, at least twenty -four (24)
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644+hours prior to such special meetings, display public notice of the
645+meeting, setting forth thereon the date, time, place and agenda for
646+the meeting. Only matters appearing on the posted age nda may be
647+considered at the special meeting. Such public notice shall be
648+posted in prominent public view at the principal office of the
649+public body or at the location of th e meeting if no office exist s.
650+Twenty-four (24) hours prior public posting shall exclude Saturdays,
651+Sundays and holidays legally declared by the State of Oklahoma. In
652+lieu of the public posting requirements of this paragra ph, a public
653+body may elect to follow the requirements found in subparagraph b of
654+paragraph 9 of this subsection, provided that forty-eight-hour
655+notice is required for special meetings and that the forty -eight-
656+hour requirement shall exclude Saturdays, Sund ays and holidays
657+legally declared by the State of Oklahoma;
658+13. In the event of an emergency, an emergency meetin g of a
659+public body may be held without the public notice heretofore
660+required. Should an emergency meeting of a public body be
661+necessary, the person calling such a meeting sh all give as much
662+advance public notice as is reasonable and possible under the
663+circumstances existing, in person or by telephonic or electronic
664+means; and
665+14. A public body that gives public notice of a meeting for
666+which there will be a videoconference op tion in accordance with
667+Section 307.1 of this title shall not modify the method of meeting
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694+described in the notice prior to the meeting and shall conduct the
695+meeting according to the methods described in the notice. If a co de
696+or password is required to ac cess the videoconference mee ting, the
697+code or password shall be included in the pu blic notice.
698+B. 1. All agendas required pursuant to the provisions of this
699+section shall identify all items of business to be transacted by a
700+public body at a meeting inclu ding, but not limited to, an y proposed
701+executive session for the purpose of engagi ng in deliberations or
702+rendering a final or intermediate decision in an individual
703+proceeding prescribed by the Administrative Procedures Act.
704+2. If a public body proposes t o conduct an executive sessi on,
705+the agenda shall:
706+a. contain sufficient informatio n for the public to
707+ascertain that an executive session will be proposed,
708+b. identify the items of business and purposes of the
709+executive session, and
710+c. state specifically t he provision of Section 307 of
711+this title authorizing the executive session.
712+SECTION 3. It being immediately neces sary for the preservation
713+of the public peace, health or safety, an emergency is hereby
714+declared to exist, by reason whereof this act shall take effect a nd
715+be in full force from and after its passage an d approval.”
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745+Passed the Senate the 27th day of April, 2022.
746+
747+
748+
749+ Presiding Officer of the Senate
750+
751+
752+Passed the House of Representatives the ____ day of __________,
753+2022.
754+
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757+ Presiding Officer of the House
758+ of Representatives
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785+ENGROSSED HOUSE
786+BILL NO. 3415 By: Pae and Phillips of the
787+House
788+
789+ and
790+
791+ Howard of the Senate
792+
793+
794+
795+
796+
797+An Act relating to the Oklahoma Open Meeting Act;
798+amending 25 O.S. 2021, Se ctions 304 and 307.1, which
799+relate to authorized methods for conducting mee tings;
800+modifying definitions; modifying provisions related
801+to videoconferences; prescribing procedures relate d
802+to the conduct of meetings by electronic methods;
803+providing certain exceptions; prohibiting certain
804+electronic communications during public meetings;
805+providing for suspension of ability to achieve quorum
806+by electronic means under certain condition s;
807+imposing time limit; providing for ratification by
808+public body; and providing an effective date.
809+
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812+
813+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
814+SECTION 4. AMENDATORY 25 O.S. 2021, Section 304, is
815+amended to read as follows:
816+Section 304. As used in the Oklahoma Open Meeting Act:
817+1. "Public body" means the governing bodies of all
818+municipalities located within this sta te, boards of county
819+commissioners of the counties in this state, boards of public and
820+higher education in this state and all boards, bureaus, commissions,
821+agencies, trusteeships, a uthorities, councils, committees, public
822+trusts or any entity created by a public trust, including any
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849+committee or subcommittee composed of any of the members of a public
850+trust or other legal entity receiving funds from the Rural Economic
851+Action Plan Fund as authorized by Section 2007 of Title 62 of the
852+Oklahoma Statutes, task f orces or study groups in this state
853+supported in whole or in part by public funds or entrusted with the
854+expending of public funds, or administering public property, and
855+shall include all committees or subcommittees of any public body.
856+Public body shall no t include the state judiciary, the Council on
857+Judicial Complaints when conducting, discussing, or de liberating any
858+matter relating to a complaint received or filed with the Council,
859+the Legislature, or administrative staffs of public bodies,
860+including, but not limited to, faculty meetings and athletic staff
861+meetings of institutions of higher education wh en those staffs are
862+not meeting with the public body, or entry -year assistance
863+committees. Furthermore, public body shall not include the
864+multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
865+of the Oklahoma Statutes and subsection C of Sec tion 1-502.2 of
866+Title 63 of the Oklahoma Statutes or any school board meeting for
867+the sole purpose of considering recommendations of a
868+multidisciplinary tea m and deciding the placement of any child who
869+is the subject of the recommendations. Furthermore, p ublic body
870+shall not include meetings conducted by stewards designated by the
871+Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
872+3A of the Oklahoma Statutes when the stewards are officiating at
873+
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899+races or otherwise enforcing rules of the Com mission. Furthermore,
900+public body shall not include the board of directors of a Federally
901+Qualified Health Center;
902+2. "Meeting" means the conduct of busin ess of a public body by
903+a majority of its members bein g personally together or, as
904+authorized by Section 307.1 of this title, together pursuant to a
905+videoconference. Meeting shall not include informal gatherings of a
906+majority of the members of the public body when no business of the
907+public body is discussed;
908+3. "Regularly scheduled meeting" mean s a meeting at which the
909+regular business of the public body is conducted;
910+4. "Special meeting" means any meeting of a public body other
911+than a regularly schedule d meeting or emergency meeting;
912+5. "Emergency meeting " means any meeting called for the purp ose
913+of dealing with an emergency. For purposes of the Oklahoma Open
914+Meeting Act, an emergency is defined as a situation involving injury
915+to persons or injury and damage to public or personal property or
916+immediate financial loss when the time requirements for public
917+notice of a special meeting would make such procedure impractical
918+and increase the likelihood of injury or damage or immediate
919+financial loss or a public health emergency;
920+6. "Continued or reconvened meeti ng" means a meeting which is
921+assembled for the purpose of finishing busines s appearing on an
922+agenda of a previous meeting. For the purposes of the Oklahoma Open
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949+Meeting Act, only matters on the agenda of the previous meeting at
950+which the announcement of t he continuance is made may be discussed
951+at a continued or reconvened meetin g;
952+7. "Public health emergency" mean s a situation where the
953+circumstances lead state or local elected officials, as appl icable
954+in this act, to determine a risk of substantial death or harm to the
955+human population of the state or a particular applicable political
956+subdivision;
957+8. "Videoconference" means a conference among members of a
958+public body remote from one another who are linked by interactive
959+telecommunication devices or technology and/or techn ology permitting
960+both visual and auditory communication between and among m embers of
961+the public body and/or between and among members of the public body
962+and members of the public. During any videoconference, both the
963+visual and auditory communications fun ctions shall attempt to be
964+utilized and public comment as outlined in this section ; and
965+8. 9. "Teleconference" means a conference among members of a
966+public body remote from one anothe r who are linked by
967+telecommunication devices and/or technology permitting auditory
968+communication between and among members of the public body and/or
969+between and among members of the public body and members of the
970+public and public comment as outlined in t his section.
971+SECTION 5. AMENDATORY 25 O.S. 2021, Section 307.1, is
972+amended to read as follows:
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999+Section 307.1 A. Except as provided in subsections C and D of
1000+this section, a A public body may hold meetings and executive
1001+sessions by videoconference or teleconference where each member of
1002+the public body is visible and audible to each other and the public
1003+through a video monitor may participate in the meetings
1004+electronically, subject to the following:
1005+1. a. except as provided f or in subparagraph b of this
1006+paragraph, no less than a quorum of the public body
1007+shall be present in person at the meeting site as
1008+posted on the meeting notice and agenda Members of
1009+public bodies subject to the Oklahoma Open Meeting Act
1010+shall not participate in more than one-quarter (1/4)
1011+of the regular and special meetings of the public body
1012+upon which they serve utilizing this exception in any
1013+floating twelve-month period. Attendance in excess of
1014+this prohibition shall be recorded as an absence.
1015+This provision shall not apply to those serv ing on a
1016+virtual charter school approved and sponsored by the
1017+Statewide Virtual Charter School Board pursuant t o the
1018+provisions of Section 3-145.3 of Title 70 of the
1019+Oklahoma Statutes,
1020+b. a virtual charter school approved and sponsored by the
1021+Statewide Virtual Charter School Boa rd pursuant to the
1022+provisions of Sectio n 3-145.3 of Title 70 of the
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1049+Oklahoma Statutes Public bodies shall maintain a
1050+quorum of members for the entire duration of the
1051+meeting whether using an in-person site,
1052+videoconference sites or any combination of such sites
1053+to achieve a quorum;. Members participating remotely
1054+may do so from any fixed loc ation, and the meeting
1055+shall be open to the public in person in a public
1056+place unless emergency provisions are triggered as
1057+outlined in the Oklahoma Open Meeting Act. With the
1058+exception of those communicati ons made pursuant to a
1059+lawfully convened executiv e session, no private
1060+electronic communications concerning public business
1061+may occur during a pu blic meeting by members of the
1062+governing body, and
1063+c. each Each public meeting held by videoconference or
1064+teleconference in compliance with this section shall
1065+be recorded either by written, electronic, or other
1066+means have minutes prepared in compliance with st ate
1067+and local law;
1068+2. The meeting notice a nd agenda prepared in advance of the
1069+meeting, as required by law , shall indicate if the meeting will may
1070+include videoconferencing locations electronic or in-person
1071+participation and shall state:
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1098+a. the location, address, and telephone number of each
1099+available videoconference site , and
1100+b. the identity of each member of the public body and the
1101+specific site from which each member of the body shall
1102+be physically present and participating in the meeting
1103+and/or electronic source that may be utilized to
1104+access the meeting;
1105+3. After the meeting notice and agenda are prepared and posted,
1106+as required by law, no member of the public body shall be allowed to
1107+participate in the meeting from any location other than the specific
1108+location posted on the agenda in advance of the meeting;
1109+4. In order to allow the public the maximum opp ortunity to
1110+attend and observe each public off icial carrying out the duties of
1111+the public official, a member or members of a public body desiring
1112+to participate in a meeting by videoconference shall participate in
1113+the videoconference from a site and room l ocated within the district
1114+or political subdivision from which they are elected, appointed, or
1115+are sworn to represent;
1116+5. Each site and room where a member of the public body is
1117+present for a meeting by videoconference shall be open and
1118+accessible to the public, and the public shall be allowed into t hat
1119+site and room. Public bodies may provide additional videoconference
1120+sites as a convenience to the public, but ad ditional sites shall not
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1147+be used to exclude or discourage public attendance at any
1148+videoconference site;
1149+6. 3. The public shall be allowed to participate and speak, as
1150+allowed by at meetings held by videoconference or teleconference to
1151+the extent such participation is consistent with a previously
1152+adopted rule or policy set by the public body , in a meeting at the
1153+videoconference site in the same manner and to the sam e extent as
1154+the public is allowed to participate or speak at the site of the
1155+meeting;
1156+7. 4. Any materials shared electronically between members of
1157+the public body, before or during the videoconference a public
1158+meeting, shall also be immediately made available to the public in
1159+the same form and manner as shared with members of the public body ;
1160+and
1161+8. 5. All votes occurring during any m eeting conducted using
1162+videoconferencing electronic means shall occur and be recorded by
1163+roll call vote;
1164+6. The requirement of an in-person meeting location for the
1165+purposes of conducting a public meeting as outlin ed in this section
1166+shall be suspended statewide during a state of emergency declared by
1167+the Governor to respond to the threat of the public 's peace, health
1168+and safety, or during a locally declared state of emergency declared
1169+by a mayor, school board president, or chairman of a board of county
1170+commissioners whereby such locally declared state of em ergency shall
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1197+not continue for more than thirty (30) days without ratification of
1198+the respective public body; and
1199+7. Public bodies are permitted to conduct an exe cutive session
1200+by teleconference or video conference to the extent a quorum is
1201+present in compliance with the provisions of this act .
1202+B. No public body shall conduc t an executive session by
1203+videoconference.
1204+C. Upon the effective date of this act and until February 15,
1205+2022, or until thirty (30) days after the expiration or termina tion
1206+of the state of emergency declared by the Governor to respond to the
1207+threat of COVID-19 to the people of this state and the public 's
1208+peace, health and safety, whichever date first occurs, the
1209+provisions of this subsection and subsection D shall operat e as law
1210+in this state.
1211+1. A public body may hold meetings by teleconference or
1212+videoconference if each member of the public body is audible or
1213+visible to each other and the publ ic, subject to the following:
1214+a. for a virtual charter school approved and sp onsored by
1215+the Statewide Virtual Charter School Board pursuant to
1216+the provisions of the Oklahoma Statutes, the public
1217+body shall maintain a quorum of members for the entire
1218+duration of the meeting whether using an in-person
1219+site, teleconference, or videoco nference or any
1220+combination of such sites to achieve a quorum, and
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1247+b. if the meeting is held using either teleconference or
1248+videoconference capabilities, and at any time the
1249+audio connection is disconnected, the me eting shall be
1250+stopped and reconvened once the audio connection is
1251+restored;
1252+2. The meeting notice and agenda prepared in advanc e of the
1253+meeting, as required by law, shall indicate if the meeting will
1254+include teleconferencing or videoconferencing and shal l also state:
1255+a. each public body member a ppearing remotely and the
1256+method of each member's remote appearance, and
1257+b. the identity of the public body member or members who
1258+will be physically present at the meeting site, i f
1259+any;
1260+3. After the meeting notice and agenda are prepared and posted
1261+as required by law, public body members shall not be permitted to
1262+alter their method of atten dance; provided, however, those members
1263+who were identified as appearing remotely may be per mitted to
1264+physically appear at the meeting site, if any, for the meeting;
1265+4. The public body shall be allowed to participate and speak,
1266+as allowed by rule or polic y set by the public body, in a meeting
1267+which utilizes teleconference or videoconference in t he same manner
1268+and to the same exte nt as the public is allowed to participate or
1269+speak during a meeting where all public body members are physically
1270+present together at the meeting site;
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1297+5. Any documents or other materials provided to members of the
1298+public body or shared electronically bet ween members of the public
1299+body during a meeting utilizing teleconferencing or
1300+videoconferencing shall also be immediately availa ble to the public
1301+on the website of the public body, if the public body maintains a
1302+website; and
1303+6. All votes occurring during any meeting utilizing
1304+teleconference or videoconference shall occur and be recorded by
1305+roll call votes.
1306+D. Public bodies are pe rmitted to conduct an executive session
1307+by teleconference or videoconference. For such exec utive sessions,
1308+no public body member is required to be physically present so long
1309+as each public body member is audible or visible to each other. The
1310+meeting notice and agenda prepared in advance of the meeting as
1311+required by law shall indicate if the ex ecutive session will include
1312+teleconferencing or videoconferencing and shall also state the
5961313 identity of each public body member appearing remotely, the method
5971314 of each member's remote appearance, and whether any member will be
5981315 physically present at the meet ing site, if any, for the executive
5991316 session.
600-SECTION 3. This act shall become effective November 1, 2022.
1317+SECTION 6. This act shall become effective November 1, 2022.
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1344+Passed the House of Representatives the 22nd day of March,
1345+2022.
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1350+ Presiding Officer of the House
1351+ of Representatives
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1354+Passed the Senate the ___ day of __________, 2022.
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1359+ Presiding Officer of the Senate
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