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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1298 By: Rader of the Senate
and
Pfeiffer of the House
An Act relating to the Oklahoma Open Meeting A ct;
amending 25 O.S. 2021, Sections 307 and 307.1, which
relate to executive sessions and videoconference
exceptions; authorizing the Oklahoma Tax Commission
to hold executive session for certain purposes;
updating statutory language; providing exceptions;
authorizing taxpayers to attend ex ecutive session
with the Commission via videoconference; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 307, is
amended to read as follows:
Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provided in this section.
B. Executive sessions of public bodies will be permitted only
for the purpose of:
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1. Discussing the employment, hi ring, appointment, promotion,
demotion, disciplini ng or resignation of any individual sa laried
public officer or employee;
2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the purchase or appraisal of real property;
4. Confidential communications bet ween a public body and its
attorney concerning a pending investigation, claim, or action if the
public body, with the advice of its attorney, determines that
disclosure will seriously impair the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interest;
5. Permitting district boards of education to hear evidence and
discuss the expulsion or suspension of a student when requested by
the student involved or the student's parent, attorney or legal
guardian;
6. Discussing matters involving a specific handicapped child;
7. Discussing any matter where disclosure of information would
violate confidentiality requirements of state or federal law;
8. Engaging in deliberations or rendering a final or
intermediate decision in an individual proceeding pursuant to
Article II of the Administrative Procedures Act;
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9. Discussing matters involving safety and security at state
penal institutions or c orrectional facilities used to house state
inmates;
10. Discussing contract negotiation s involving contracts
requiring approval of the State Board of Corrections, which shall be
limited to members of the public body, the attorney for the public
body, and the immediate staff of the public body. No person who may
profit directly or indirectly by a proposed transaction which is
under consideration may be present or participate in the executive
session; or
11. Discussing the following:
a. the investigation of a plan or scheme to commit an act
of terrorism,
b. assessments of the vulnerability of government
facilities or public improvements to an act of
terrorism,
c. plans for deterrence or prevention of or protection
from an act of terrorism,
d. plans for response or remediation after an act of
terrorism,
e. information technology of the public b ody but only if
the discussion specifically identifies:
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(1) design or functional schematics that demonstrate
the relationship or connections between devices
or systems,
(2) system configuration information,
(3) security monitoring and response equipment
placement and configuration,
(4) specific location or placement of systems,
components or devices,
(5) system identification numbers, names, or
connecting circuits,
(6) business continuity and disaster planning, or
response plans, or
(7) investigation inform ation directly related to
security penetrations or denial of services, or
f. the investigation of an act of terrorism that has
already been committed.
For the purposes of this subsection, the term "terrorism" means any
act encompassed by the definitions se t forth in Section 1268.1 of
Title 21 of the Oklahoma Statutes.
C. Notwithstanding the provisions of subsection B of this
section, the following public bodies may hold executive sessions:
1. The State Banking Board, as provided for under Section 306.1
of Title 6 of the Oklahoma Statutes;
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2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Development Finance Authority, as provided for
in Section 5062.6 of Title 74 of the Okla homa Statutes;
4. The Oklahoma Center for the Advancement of Science and
Technology, as provided for in Section 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Health Research Committee for purposes of
conferring on matters pertaining to res earch and development of
products, if public disclosure of the matter discussed would
interfere with the development of patents, copyrights, products, or
services;
6. The Workers' Compensation Commission for the purpo ses
provided for in Section 20 of Titl e 85A of the Oklahoma Statutes;
7. A review committee, as provided for in Section 855 of Title
62 of the Oklahoma Statutes;
8. The Child Death Review Board for purpos es of receiving and
conferring on matters pertaini ng to materials declared confidential
by law;
9. The Domestic Violence Fatality Review Board as provided in
Section 1601 of Title 22 of the Oklahoma Statutes;
10. The Opioid Overdose Fatality Review Board , as provided in
Section 2-1001 of Title 63 of the Oklahoma Statutes;
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11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts, task forces or study groups supported in whole or part by
public funds or entrusted with the expendi ture of public funds for
purposes of conferring on matters pertaining to economic
development, including the transfer of property, financing, or the
creation of a proposal to entice a business to remain or to locate
within their jurisdiction if public disc losure of the matter
discussed would interfere with the development of products or
services or if public disclosure would violate the confidentiality
of the business;
12. The Oklahoma Indigent Defense Syst em Board for purposes of
discussing negotiating st rategies in connection with making pos sible
counteroffers to offers to contract to provide legal representation
to indigent criminal defendants and indigent juveniles in cases for
which the System must prov ide representation pursuant to the
provisions of the Indigent Defense System Act;
13. The Quality Investment Committee for purposes of discussing
applications and confidential materials pursuant to the terms of the
Oklahoma Quality Investment Act; and
14. The Oklahoma Municipal Power Authority establish ed pursuant
to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
in its role as an electric utility regulated by the federal
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government, for purposes of discussing security plans and procedure s
including, but not limited to, cybersecurity mat ters; and
15. The Oklahoma Tax Commis sion for purposes of discussing
confidential taxpayer matters as provided in Secti on 205 of Title 68
of the Oklahoma Statutes, and in compliance with subsection E of
this section.
D. Except as otherwise specified in t his subsection, an
executive session for the purpose of discussing the purchase or
appraisal of real property shall be limited to members of the public
body, the attorney f or the public body and the immedia te staff of
the public body. No landowner, real e state salesperson, broker,
developer or any other person who may profit directly or indirectly
by a proposed transaction concerning real property which is under
consideration may be present or participate i n the executive
session, unless they are operating under an existing agreement to
represent the public body.
E. No public body may go into an executive session unless the
following procedures are strictly complied with:
1. The proposed executive session is noted on the agenda as
provided in Section 311 of this title;
2. The executive session is authorized by a majority vote of a
quorum of the members present and the vote is a recorded vote; and
3. Except for matters con sidered in executive sessions of t he
State Banking Board and the Oklahoma Savings and Loan Board Oklahoma
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Tax Commission, and which are required by state or federal law to be
confidential, any vote or action on any item of business considered
in an executive session shall be tak en in public meeting with the
vote of each member publi cly cast and recorded.
F. A willful violation of the provisions of this section shall:
1. Subject each member of the public body to criminal sanctions
as provided in Section 314 of this title; and
2. Cause the minutes and all other records of the execut ive
session, including tape recordings, to be immediately made 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 public body may hold meetings by videoconference
where each member of the public body is visible and audible to each
other and the public th rough a video monitor, subject to the
following:
1. a. except as provided for 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 Board pursuant to the
provisions of Section 3-145.3 of Title 70 of the
Oklahoma Statutes shall maintain a quorum of members
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for the entire duration of the meeting whether usi ng
an in-person site, videoconference sites or any
combination of such sites to achieve a quorum;, and
c. each public meeting held by videoconference or
teleconference shall be recorded either by written,
electronic, or other means;
2. The meeting notice a nd agenda prepared in advance of the
meeting, as required by law, shall indicate if the meeting will
include videoconferencing locations 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;
3. After the meeting notice and agenda are prepared and posted,
as required by law, no member of the public body shall be allowed to
participate in the m eeting from any location other than the specific
location posted on the agenda in advance of the meeting;
4. In order to allow the public the maximum opportunity to
attend and observe each public off icial carrying out the duties of
the public official, a member 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
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or political subdivision from which they are elected, appointed, or
are sworn to represent;
5. Each site and room where a member of the public body is
present for a meeting by videoconference shall be open and
accessible to the public, and the public shall be allowed into t hat
site and room. Public bodies may provide additional videoconference
sites as a convenience to the public, but additional sites shall not
be used to exclude or discourage public attendance at any
videoconference site;
6. The public shall be allowed to participate and speak, as
allowed by rule or policy set by the public body, in a meeting at
the videoconference site in the same manner and to the same extent
as the public is allowed to participate or speak at the site of the
meeting;
7. Any materials shared electronically between members of the
public body, before or during the videoconference, shall also be
immediately available to the public in the same form and manner as
shared with members of the public body; and
8. All votes occurring during any m eeting conducted using
videoconferencing shall occur and be recorded by roll call vote.
B. No Except as provided for in subsection E of this section,
no public body shall conduct an executive session by
videoconference.
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C. Upon the effective date of this act and until February 15,
2022, or until thirty (30) d ays after the expiration or termination
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 public 's
peace, health and safety, whichever date first occurs, the
provisions of this subse ction and subsection D shall operate 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:
a. for a virtual charter school approved and sponsored 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 videoconference 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 meeting s hall be
stopped and reconvened once the audio connectio n is
restored;
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2. The meeting notice and agenda prepared in advance of the
meeting, as required by law, shall indicate if the meeting will
include teleconferencing or videoconferencing and shall also state:
a. each public body member appearing remotely an d 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 ag enda are prepared and posted
as required by law, public body members shall not be permitted to
alter their method of attendance; provided, however, those members
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 sha ll be allowed to participate and speak,
as allowed by rule or policy set by the public body, in a meeting
which utilizes teleconference or videoconference in the same manner
and to the same extent as t he 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 other materials provided to members of the
public body or shared electronically between me mbers of the public
body during a meeting utilizing tel econferencing or
videoconferencing shall also be immediately available to the public
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on the website of the public body, if the public body maintains a
website; and
6. All votes occurring during any me eting utilizing
teleconference or videoconference shall occur and be recorded by
roll call votes.
D. Public bodies are permitted to conduct an executive session
by teleconference or videoconference. For such executive sessions,
no public body member is r equired 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 meeting as
required by law shall indicate if the executive session will include
teleconferencing or videoconferencing and shall also state the
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.
E. The Oklahoma Tax Commission may conduct executive sessions
with the taxpayer at issue attending using videoconference
technology to discuss confidential taxpayer matters as provided for
in Section 205 of Title 68 of the Oklahoma Statutes . During
executive sessions, the Commission is required to be phys ically
present while taxpayers may appear using videoconference technology.
The technology selected and utilized by the Commission shall ensure
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taxpayer confidentiality including compliance with safeg uards as
provided for in Internal Revenue Service Publi cation 1075.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/14/2022 - DO PASS.