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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3525 By: Virgin
AS INTRODUCED
An Act relating to legislative transparency; amending
25 O.S. 2021, Section 304, which relate s to the
Oklahoma Open Meeting Act; modifying exemptions
related to the Legislature; amending 51 O.S. 2021,
Section 24A.3, which relates to the Oklahoma Open
Records Act; modifying exemption related to
Legislature and legislators; and providing an
effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 5 O.S. 2021, Section 304, is
amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act:
1. "Public body" means the governing bodi es of all
municipalities located within this state, boards of county
commissioners of the counties i n this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, commi ttees, public
trusts or any entity created by a public trust, including an y
committee or subcommitte e composed of any of the members of a public
trust or other legal entity receiving funds from the Rural Economic
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Action Plan Fund as authorized by Section 2 007 of Title 62 of the
Oklahoma Statutes, task forces or study groups in t his state
supported in whole or in part by public funds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcomm ittees of any public bo dy.
Public body shall not include the state judici ary, 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 publ ic bodies,
including, but not limited to, faculty m eetings 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, pub lic body shall not incl ude the
multidisciplinary teams provided for in Sec tion 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
the sole purpose of consid ering recommendations o f a
multidisciplinary team and deciding the placeme nt of any 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 Commissi on pursuant to Section 203.4 of Title
3A of the Oklahoma Statutes when the stewards are officiating at
races or otherwise enforcing rules of the Com mission. Furthermore,
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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 be ing personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gather ings of a
majority of the members of the public body when no business of t he
public body is discusse d;
3. "Regularly scheduled meeting " means a meeting at which the
regular business of the public body is conducted;
4. "Special meeting" means any meeting of a public body other
than a regularly scheduled meeting or emergency mee ting;
5. "Emergency meeting" means any meeting called for the purpose
of dealing with an emergency. For purposes of the Oklahoma Open
Meeting Act, an emergency is defined as a situ ation involving injury
to persons or injury and damage to public or person al property or
immediate financial loss when the time requirements for pub lic
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
6. "Continued or reconvened meetin g" means a meeting which i s
assembled for the purpose of finishing busines s appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
Meeting Act, only mat ters on the agenda of t he previous meeting at
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which the announcement of th e continuance is made may be discussed
at a continued or reconvened meetin g;
7. "Videoconference" means a conference among members of a
public body remote from one another who are l inked by interactive
telecommunication devices or technology and/or techno logy 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. Du ring any videoconferenc e, both the
visual and auditory communications func tions shall attempt to be
utilized; and
8. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and /or technology permitti ng auditory
communication between and among members of the public body and/or
between and among members of the public body an d members of the
public.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.3, is
amended to read as follows :
Section 24A.3 As used in the Oklahoma Open Recor ds Act:
1. "Record" means all documents, including, but not limited to,
any book, paper, photograph, microfilm, data files created by or
used with computer software, computer tape, di sk, record, sound
recording, film recording, video record or other mater ial regardless
of physical form or characteristic, created by, received b y, under
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the authority of, or coming into the custody, control or possession
of public officials, public bodies , or their representatives in
connection with the transaction of public business, the expenditure
of public funds or the administering of public property. "Record"
does not mean:
a. computer software,
b. nongovernment personal effects,
c. unless public disclosure is required by other laws or
regulations, vehicle movement reco rds of the Oklahoma
Transportation Authority obtained in connection with
the Authority's electronic toll collection system,
d. personal financial information, credit reports or
other financial data obtained by or submitted to a
public body for the purpose of evaluating credit
worthiness, obtaining a license, permit, or for the
purpose of becoming qualified to contract with a
public body,
e. any digital audio/video recordings of the toll
collection and safeguarding activities of the Oklahoma
Transportation Authority,
f. any personal information provided by a guest at any
facility owned or operated by the Oklahoma Tourism and
Recreation Department or the Board of Trustees of the
Quartz Mountain Arts and Conference Center and Nature
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Park to obtain any service a t the facility or by a
purchaser of a product sold by or through the Okla homa
Tourism and Recreation Department or the Quartz
Mountain Arts and Conference Center and Nature Park,
g. a Department of Defense Form 214 (DD Form 214) filed
with a county clerk, including any DD Form 214 filed
before July 1, 2002, or
h. except as provided for in Section 2 -110 of Title 47 of
the Oklahoma Statutes,
(1) any record in connection with a Motor Vehic le
Report issued by the Department of Public Safety,
as prescribed in Section 6-117 of Title 47 of the
Oklahoma Statutes, or
(2) personal information within driver records, as
defined by the Driver 's Privacy Protection Act,
18 United States Code, Sections 2721 through
2725, which are stored and maintained by the
Department of Public Safety;
2. "Public body" shall include, but not be limited to, an y
office, department, board, bureau, commission, agency, trusteeship,
authority, council, committee, including a committee of either
chamber of the Legislature, trust or any entity cr eated by a trust,
county, city, village, town, township, district, school district,
fair board, court, executive office, advisory group, task force,
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study group, or any subdivision the reof, supported in wh ole or in
part by public funds or entrusted with th e expenditure of public
funds or administering or operating public proper ty, and all
committees, or subcommittees thereof. Except for the records
required by Section 24A.4 of this tit le, "public body" does not mean
judges, justices, or the Council on Judicial Complaints, the
Legislature, or legislators;
3. "Public office" means the physical location where public
bodies conduct business or keep records;
4. "Public official" means any official or employee of any
public body as defined herein; and
5. "Law enforcement agency" means any public body charged with
enforcing state or lo cal criminal laws and initiating criminal
prosecutions, including, but not limited to, police departments,
county sheriffs, the D epartment of Public Safety, the Oklahoma State
Bureau of Narcotics and Danger ous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
of Investigation.
SECTION 3. This act shall become effective November 1, 2022.
58-2-8566 MAH 01/13/22