Req. No. 2707 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1547 By: Treat AS INTRODUCED An Act relating to the Oklahoma Open Meeting Act; amending 25 O.S. 2021, Section s 307.1 and 311, which relate to videoconferences and te leconferences and notice; requiring live stream of certain meetings; reinstating certain alternative procedures in emergency circumstances; specifying expiratio n of alternate procedures; modifying certain notice requirement in emergency circumstances; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, is amended to read as follows: Section 307.1. A. Except as provided in subsections C an d D of this section, a public body may hold meetings by videoconf erence 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 Req. No. 2707 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 b y the Statewide Virtual Charter School Board pursu ant to the provisions of Section 3 -145.3 of Title 70 of the Oklahoma Statutes shall maintain a quorum of members 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 quo rum; 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 meeti ng 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 bo dy shall be physically present and participating in the meeting; 3. After the meeting notice and agenda are prepared a nd posted, as required by law, no member of the public body shall be allowed to Req. No. 2707 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 participate in the meeting from any location other than t he specific location posted on the agenda in advance of the meeti ng; 4. In order to allow the public the maximum oppor tunity to attend and observe each public off icial carrying out the duties of the public official, a member or members of a public body de siring to participate in a meeting by videoconference shall parti cipate in the videoconference from a site and room loc ated within the district or political subdivision from which they are elected, appointe d, or are sworn to represent; 5. Each site and ro om where a member of the public body is present for a meeting by videoconference shall be open and accessible to the pu blic, and the public shall be allowed into t hat site and room. Public bodies may provi de additional videoconference sites as a convenien ce 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 exten t 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 Req. No. 2707 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 immediately available to the public in the same f orm and manner as shared with members of the public bo dy; and 8. All votes occurring during any m eeting conducted using videoconferencing sh all occur and be recorded by roll call vote ; and 9. To the extent practicable, if a public body maintains a website and utilizes a high -speed Internet connection, all m eetings of the public body shall be streamed live on such website and posted on the website after the meeting . B. No public body shall c onduct 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 termination of the state of emergency d eclared 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 The provisions of this subsecti on and subsection D of this section shall operate as law in this state apply to a public body in any county in which the Governor has declared a state of emergency until the emergency declaration expires or is terminated . 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 a nd the public, subject to the following: a. for a virtual charter school approved and sponsored by the Statewide Virtua l Charter School Board pursuant to Req. No. 2707 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the provisions of the Oklahoma Statutes, the public body shall maintain a quorum of members for the en tire 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 teleconferen ce or videoconference capabil ities, and at any tim e the audio connection is disconnected, the meeting shal l be stopped and reconvened once the audio connection is restored; 2. The meeting notice and agenda prepared in advance of the meeting, as required b y law, shall indicate if the meeting will include teleconferencing or videoconferencing and shall also sta te: a. each public body member appearing 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 meet ing site, if any; 3. After the meeting notice and agend a are prepared and posted as required by law, public body membe rs 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 si te, if any, for the meeting; Req. No. 2707 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. The public body shall be allow ed to participate and speak, as allowed by rule or policy set by the public body, in a meeting which utilizes teleco nference or videoconf erence in the same manner and to the same extent as the public is allowed to participate or speak during a meeting wher e all public body members are physically present together at the meeting site; 5. Any documents or other materials provided to members o f the public body or shared electronically between membe rs of the public body during a meeting utilizing teleconferenci ng or videoconferencing shall also be immediately available to the public on the website of the public body, if the public body maintains a website; and 6. All votes occurring during any meeti ng 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. Fo r such executive sessions, no public body member is requ ired to be physically present so long as each public body membe r is audible or visible to each other. The meeting notice and agenda prepared in advan ce of the meeting as required by law shall indicat e 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 b e Req. No. 2707 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 physically present at the meeting site, if any, for the executive session. SECTION 2. AMENDATORY 25 O.S. 2021, Section 311, is amended to read as follows: Section 311. A. Notwithstanding any other provisions of law, all regularly scheduled, contin ued or reconvened, special or emergency meetings of public bodies shall be preceded by public notice as follows: 1. All public bodies shall give notice in writing by December 15 of each calendar year of th e schedule showing the date, time and place of the regularly scheduled meetings of such public bodies for the following calendar year; 2. All state public bodies including, but not limited t o, public trusts and other bodies with the state as beneficiary, shall give such notice to the Secretary of State; 3. All county public bodies including, but not limited to, public trusts and any other bodies with the county as beneficiary, shall give such notice to the county clerk of the county wherein they are principally located; 4. All municipal public bodies in cluding, but not limited to, public trusts and any other bodies with the municipality as beneficiary, shall give such notice to the municipal clerk of the municipality wherein they are principally located; Req. No. 2707 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. All multicounty, regional, areawide or distric t public bodies including, but not limited to, district boards of education, shall give such notice to the county clerk of the county wherein they are principally located, or if no office exists, to the cou nty clerk of the county or counties served by such public body; 6. All governing boards of state institutions of higher education, and committees and subcommittees thereof, shall give such notice to the Secretary of State. All other public bodies covered by the provisions of the Oklahoma Open Meeting Ac t which exist under the auspices of a state institution of higher education, but a majority of whose members are not members of the instituti on’s governing board, shall give such notice to the county clerk of the county wherein the institution is principal ly located; 7. The Secretary of State and each county clerk or municipal clerk shall keep a record of all notices received in a register ope n to the public for inspection during regular office hours, and, in addition, shall make known upon any request of any person the contents of the register; 8. If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given to the Secretary o f State or county clerk or municipal clerk, as req uired herein, not less than ten (10) days prior to the implementation of any such change; Req. No. 2707 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. In addition to the advance public notice in wri ting required to be filed for regularly scheduled meetings, descr ibed in paragraph 1 of this subsection, all public bodies shall, at least twenty -four (24) hours prior to such regularly scheduled meetings, display public notice of the meeting by at least o ne of the following methods: a. by posting information that inclu des date, time, place and agenda for the meeting i n prominent public view at the principal office of the public body or at the location of the meeting if no office exists, or b. by posting on the public body’s Internet website the date, time, place and age nda for the meeting in accordance with Section 310 6.2 of Title 74 of the Oklahoma Statutes. Additionally, the public body shall offer and consistently maintain an email distribution system f or distribution of such notice of a public meeting required by th is subsection, and any person may request to be in cluded without charge, and their request shall be accepted. The emailed notice of a public meeting required by this subsection shall include in the body of the email or as an attachment to the email the date, time, place and agenda for the meeting and it shall be sent no less than twenty -four (24) hours prior to the meeting. Additionally, except Req. No. 2707 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 as provided in subparagraph c of this paragraph , the public body shall make the notice of a public meeting required by this subsection available to the public in the principal office of the public body or at the location of the meeting during normal business hours at least twenty–four (24) hours prior to the meeting, or c. upon the effective date of this act and unt il February 15, 2022, or until thirty (30) days af ter 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 th is state and the public ’s peace, health and safety, whichever dat e first occurs for a public body in any county for which the Governor declares a state of emergency until the emergency declaration expires or is terminated , the public body shall not be required to make the notice of a public meeting available to the publ ic in the principal office of the public body or a t the location of the meeting during normal business hours at least twenty - four (24) hours prior to the meeting; 10. The twenty-four (24) hours required in paragraph 9 of this subsection shall exclude Satu rdays, Sundays and holidays legally declared by the State of Oklahoma. The p osting or distribution of a Req. No. 2707 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 notice of a public meeting as described in paragraph 9 of this subsection shall not preclude a public body from considering at its regularly scheduled meeting any new business. “New business”, as used herein, shall mean any mat ter not known about or which could not have been reasonably foreseen prior to the time of the posting; 11. In the event any meeting is to be continued or reconvened, public notice of such action including date, time and place of the continued meeting, sha ll be given by announcement at the original meeting. Only matters appearing on the agenda of the meeting which is continued may be discussed at the continued or reconvened meeting; 12. Special meetings of public bodies shall no t be held without public notice being given at least forty -eight (48) hours prior to the meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to the Secretary of State or to the county clerk or t o the municipal clerk by pu blic bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection. The public body also shall cause written notice of the date, time and place of the meeting to be mailed or delivered to each person, newspape r, wire service, radio stat ion and television station that has filed a written request for notice of meetings of the public body with the clerk or secretary of the public body or with some other person desi gnated by the public body. Such written notice shall be mailed or delivered at least forty-eight (48) hours Req. No. 2707 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prior to the special meeting. The public body may charge a fee of up to Eighteen Dollars ($18.00) per year to persons or entities filing a written request for notice of meetings, and may require such persons or entities to renew the request for notice annually. In addition, all public bodies shall, at least twenty -four (24) hours prior to such special meetings, display public notice of the meeting, setting forth thereon the date, time, place and a genda for the meeting. Only matters appearing on the posted agenda may be considered at the special meeting. Such public notice shall be posted in prominent public view at the principal office of the public body or at the location of the meeting if no of fice exists. Twenty-four (24) hours prior public posting shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma. In lieu of the public posting requirements of this paragra ph, a public body may elect to follow the requirem ents found in subparagraph b of paragraph 9 of this subsection, provided that forty -eight-hour notice is required for special meetings and that the forty -eight- hour requirement shall exclude Saturdays, Sund ays and holidays legally declared by the State of Oklahoma; 13. In the event of an emergency, an emergency meeting of a public body may be held without the public notice heretofore required. Should an emergency meeting of a public body be necessary, the person calling such a meeting shall give as much advance public notice as is reasonable and possible under the Req. No. 2707 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 circumstances existing, in person or by telephonic or electronic means; and 14. A public body that gives public notice of a meeting for which there will be a videoconference option in accordance with Section 307.1 of thi s title shall not modify the method of meeting described in the notice prior to the meeting and shall conduct the meeting according to the methods described in the notice. If a co de or password is required to access the videoconf erence meeting, the code or password shall be included in the public notice. B. 1. All agendas required pursuant to the provisions of this section shall identify all items of business to be transacted by a public body at a meeting including, but not limi ted to, any proposed executive session for the purpose of engaging in deliberations or rendering a final or intermediate decision in an individual proceeding prescribed by the Administrative Procedures Act. 2. If a public body proposes to conduct an execu tive session, the agenda shall: a. contain sufficient information for the public to ascertain that an executive session will be proposed, b. identify the items of business and purposes of the executive session, and c. state specifically the provision of Se ction 307 of this title authorizing the executive session. Req. No. 2707 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. It being immediately neces sary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall tak e effect and be in full force from and after its passage an d approval. 58-2-2707 TEK 1/20/2022 10:23:19 AM