Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1547 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 1547 Page 1 1
	3	+	SENATE FLOOR VERSION - SB1547 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1547 By: Howard and Treat of the
	29	+	SENATE FLOOR VERSION
	30	+	March 1, 2022
	31	+
	32	+
	33	+	SENATE BILL NO. 1547 By: Howard and Treat of the
30	34		Senate
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32	36		and
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34	38		McCall of the House
	39	+
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38	43		An Act relating to the Oklahoma Open Meeting Act;
39	44		amending 25 O.S. 2021, Section s 307.1 and 311, which
40	45		relate to videoconferences and teleconferences and
41	46		notice; requiring live stream of certain meetings;
42	47		reinstating certain alternative procedures in
43	48		emergency circumstances; specifying expiratio n of
44	49		alternate procedures; modifying certain notice
45	50		requirement in emergency ci rcumstances; and declaring
46	51		an emergency.
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52	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	58		SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, is
54	59		amended to read as follows:
55	60		Section 307.1. A. Except as provided i n subsections C and D of
56	61		this section, a public body may hold meetings by videoconf erence
57	62		where each member of the public body is visible and audible to each
58	63		other and the public th rough a video monitor, subject to the
59	64		following:
60	65		1. a. except as provided f or in subparagraph b of this
61	66		paragraph, no less than a quorum of the public body
62		-	shall be present in person at the meeting site as
63		-	posted on the meeting notice and agenda,
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	94	+	shall be present in person at the meeting site as
	95	+	posted on the meeting notice and agenda,
90	96		b. a virtual charter school approved and sponsored b y the
91	97		Statewide Virtual Charter School Board pursuant to the
92	98		provisions of Section 3 -145.3 of Title 70 of the
93	99		Oklahoma Statutes shall maintain a quorum of members
94	100		for the entire duration of the meeting whether usi ng
95	101		an in-person site, videoconference sites or any
96	102		combination of such site s to achieve a quorum; and
97	103		c. each public meeting held by videoconference or
98	104		teleconference shall be recorded either by written,
99	105		electronic, or other means;
100	106		2. The meeting notice a nd agenda prepared in advance of the
101	107		meeting, as required by law, shall ind icate if the meeting will
102	108		include videoconferencing locations and shall state:
103	109		a. the location, address, and telephone number of each
104	110		available videoconference site, and
105	111		b. the identity of each member of the public body and the
106	112		specific site from which eac h member of the body shall
107	113		be physically present and participating in the
108	114		meeting;
109	115		3. After the meeting notice and agenda are prepared a nd posted,
110	116		as required by law, no member of the public body shall be allowed to
111		-	participate in the meeting from any loc ation other than the specifi c
112		-	location posted on the agenda in advance of the meeti ng;
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	144	+	participate in the meeting from any loc ation other than the specific
	145	+	location posted on the agenda in advance of the meeti ng;
139	146		4. In order to allow the public the maximum oppor tunity to
140	147		attend and observe each public off icial carrying out the duties of
141	148		the public official, a member or members o f a public body desiring
142	149		to participate in a meeting by videoconference shall parti cipate in
143	150		the videoconference from a site and room loc ated within the district
144	151		or political subdivision from which they are elected, appointe d, or
145	152		are sworn to represent;
146	153		5. Each site and room where a member of the public body is
147	154		present for a meeting by videoconference shall be open and
148	155		accessible to the pu blic, and the public shall be allowed into t hat
149	156		site and room. Public bodies may provi de additional videoconference
150	157		sites as a convenience to the public, but additional sites shall not
151	158		be used to exclude or discourage public attendance at any
152	159		videoconference site;
153	160		6. The public shall be allowed to participate and speak, as
154	161		allowed by rule or policy set by the public body , in a meeting at
155	162		the videoconference site in the same manner and to the same exten t
156	163		as the public is allowed to participate or speak at the site of the
157	164		meeting;
158	165		7. Any materials shared electronically between members of the
159	166		public body, before or during t he videoconference, shall also be
160		-	immediately available to the public in the same f orm and manner as
161		-	shared with members of the public bo dy; and
162	167
163		-	ENGR. S. B. NO. 1547 Page 4 1
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	194	+	immediately available to the public in the same f orm and manner as
	195	+	shared with members of the public bo dy; and
188	196		8. All votes occurring during any m eeting conducted using
189	197		videoconferencing sh all occur and be recorded by rol l call vote; and
190	198		9. To the extent practicable, if a public body maintains a
191	199		website and utilizes a high -speed Internet connection, all m eetings
192	200		of the public body shall be streamed live on such website and posted
193	201		on the website after the meeting .
194	202		B. No public body shall conduct an executive session by
195	203		videoconference.
196	204		C. Upon the effective date of this act and until February 15,
197	205		2022, or until thirty (30) days after the expiration or termination
198	206		of the state of emergency d eclared by the Governor to respo nd to the
199	207		threat of COVID-19 to the people of this state and the public ’s
200	208		peace, health and safety, whichever date first occurs, the The
201	209		provisions of this subsecti on and subsection D of this section shall
202	210		operate as law in this state apply to a public body in any county in
203	211		which the Governor has declared a state of emergency until the
204	212		emergency declaration expires or is terminated .
205	213		1. A public body may hold meetings by teleconference or
206	214		videoconference if each member of the public body is audible or
207	215		visible to each other and the public, subject to the following:
208	216		a. for a virtual charter school approved and sponsored by
209	217		the Statewide Virtua l Charter School Board pursuant to
210		-	the provisions of the Oklahoma Statutes, the public
211		-	body shall maintain a quorum of members for the entire
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213		-	ENGR. S. B. NO. 1547 Page 5 1
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	245	+	the provisions of the Oklahoma Statutes, the public
	246	+	body shall maintain a quorum of members for the entire
238	247		duration of the meeting whether using an in -person
239	248		site, teleconference, or videoconference or any
240	249		combination of such sites to achieve a quorum, and
241	250		b. if the meeting is held using either teleconferen ce or
242	251		videoconference capabil ities, and at any time the
243	252		audio connection is disconnected, the meeting shal l be
244	253		stopped and reconvened once the audio connection is
245	254		restored;
246	255		2. The meeting notice and agenda prepared in advance of the
247	256		meeting, as required b y law, shall indicate if the meeting will
248	257		include teleconferencing or videoconferencing and shall also sta te:
249	258		a. each public body member appearing remotely and the
250	259		method of each member’s remote appearance, and
251	260		b. the identity of the public body member or members who
252	261		will be physically present at the meeting site, if
253	262		any;
254	263		3. After the meeting notice and agend a are prepared and posted
255	264		as required by law, public body membe rs shall not be permitted to
256	265		alter their method of attendance; provided, however, those members
257	266		who were identified as appearing remotely may be permitted to
258	267		physically appear at the meeting si te, if any, for the meeting;
259		-	4. The public body shall be allow ed to participate and speak,
260		-	as allowed by rule or policy set by the public body, in a meeting
261		-	which utilizes teleco nference or videoconference in the same manner
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	295	+	4. The public body shall be allow ed to participate and speak,
	296	+	as allowed by rule or policy set by the public body, in a meeting
	297	+	which utilizes teleco nference or videoconference in the same manner
288	298		and to the same extent as the public is allowed to participate or
289	299		speak during a meeting wher e all public body members are physically
290	300		present together at the meeting site;
291	301		5. Any documents or other materials provided to members of the
292	302		public body or shared electronically between membe rs of the public
293	303		body during a meeting utilizing teleconferenci ng or
294	304		videoconferencing shall also be immediately available to the public
295	305		on the website of the public body, if the public body maintains a
296	306		website; and
297	307		6. All votes occurring during any meeti ng utilizing
298	308		teleconference or videoconference shall occur and be recorded by
299	309		roll call votes.
300	310		D. Public bodies are permitted to conduct an executive session
301	311		by teleconference or videoconference. For such executive sessions,
302	312		no public body member is requ ired to be physically present so long
303	313		as each public body membe r is audible or visible to each other. The
304	314		meeting notice and agenda prepared in advan ce of the meeting as
305	315		required by law shall indicate if the executive session will include
306	316		teleconferencing or videoconferencing and shall also state the
307	317		identity of each public body member appearing remotely, the method
308	318		of each member’s remote appearance, and whether any member will b e
309		-	physically present at the mee ting site, if any, for the executive
310		-	session.
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	346	+	physically present at the meeting site, if any, for the executive
	347	+	session.
337	348		SECTION 2. AMENDATORY 25 O.S. 2021, Section 311, is
338	349		amended to read as follows:
339	350		Section 311. A. Notwithstanding any other provisions of law,
340	351		all regularly scheduled, continued or reconvened, special or
341	352		emergency meetings of public bodies shall be preceded by public
342	353		notice as follows:
343	354		1. All public bodies shall give notice in writing by December
344	355		15 of each calendar year of th e schedule showing the date, tim e and
345	356		place of the regularly scheduled meetings of such public bodies for
346	357		the following calendar year;
347	358		2. All state public bodies including, but not limited t o,
348	359		public trusts and other bodies with the state as beneficiary, shall
349	360		give such notice to the Se cretary of State;
350	361		3. All county public bodies including, but not limited to,
351	362		public trusts and any other bodies with the county as beneficiary,
352	363		shall give such notice to the county clerk of the county wherein
353	364		they are principally located;
354	365		4. All municipal public bodies including, but not limited to,
355	366		public trusts and any other bodies with the municipality as
356	367		beneficiary, shall give such notice to the municipal clerk of the
357	368		municipality wherein they are principally located;
358		-	5. All multicounty, regional, a reawide or district public
359		-	bodies including, but not limited to, district boards of education,
360		-	shall give such notice to the county clerk of the county wherein
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	396	+	5. All multicounty, regional, a reawide or district public
	397	+	bodies including, but not limited to, district boards of education,
	398	+	shall give such notice to the county clerk of the county wherein
387	399		they are principally located, or if no office exists, to the cou nty
388	400		clerk of the county or count ies served by such public body;
389	401		6. All governing boards of state institutions of higher
390	402		education, and committees and subcommittees thereof, shall give such
391	403		notice to the Secretary of State. All other public bodies covered
392	404		by the provisions of the Oklaho ma Open Meeting Act which exist under
393	405		the auspices of a state institution of higher education, but a
394	406		majority of whose members are not members of the instituti on’s
395	407		governing board, shall give such notice to the county clerk of the
396	408		county wherein the instit ution is principally located;
397	409		7. The Secretary of State and each county clerk or municipal
398	410		clerk shall keep a record of all notices received in a register ope n
399	411		to the public for inspection during regular office hours, and, in
400	412		addition, shall make known up on any request of any person the
401	413		contents of the register;
402	414		8. If any change is to be made of the date, time or place of
403	415		regularly scheduled meetings of public bodies, then notice in
404	416		writing shall be given to the Secretary o f State or county clerk or
405	417		municipal clerk, as required herein, not less than ten (10) days
406	418		prior to the implementation of any such change;
407		-	9. In addition to the advance public notice in wri ting required
408		-	to be filed for regularly scheduled meetings, descr ibed in paragraph
409		-	1 of this subsection, all public bodies sh all, at least twenty-four
410		-	(24) hours prior to such regularly scheduled meetings, display
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	446	+	9. In addition to the advance public notice in wri ting required
	447	+	to be filed for regularly scheduled meetings, descr ibed in paragraph
	448	+	1 of this subsection, all public bodies shall, at least twenty -four
	449	+	(24) hours prior to such regularly scheduled meetings, display
437	450		public notice of the meeting by at least o ne of the following
438	451		methods:
439	452		a. by posting information that inclu des date, time, place
440	453		and agenda for the meeting in prominent public view at
441	454		the principal office of the public body or at the
442	455		location of the meeting if no office exists, or
443	456		b. by posting on the public body’s Internet website the
444	457		date, time, place and age nda for the meeting in
445	458		accordance with Section 3106.2 of Title 74 of the
446	459		Oklahoma Statutes. Additionally, the public body
447	460		shall offer and consistently maintain an email
448	461		distribution system f or distribution of such notice of
449	462		a public meeting required by th is subsection, and any
450	463		person may request to be included without charge, and
451	464		their request shall be accepted. The emailed notice
452	465		of a public meeting required by this subsection shall
453	466		include in the body of the email or as an attachment
454	467		to the email the date, time, place and agenda for t he
455	468		meeting and it shall be sent no less than twenty -four
456	469		(24) hours prior to the meeting. Additionally, except
457		-	as provided in subparagraph c of this paragraph , the
458		-	public body shall make the notice of a public meeting
459		-	required by this subsection available to the public in
460		-	the principal office of the public body or at the
461	470
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	497	+	as provided in subparagraph c of this paragraph , the
	498	+	public body shall make the notice of a public meeting
	499	+	required by this subsection available to the public in
	500	+	the principal office of the public body or at the
487	501		location of the meeting during normal business hours
488	502		at least twenty–four (24) hours prior to the meeting,
489	503		or
490	504		c. upon the effective date of this act and unt il February
491	505		15, 2022, or until t hirty (30) days after the
492	506		expiration or termination of the state of emergency
493	507		declared by the Governor to respond to the threat of
494	508		COVID-19 to the people of th is state and the public ’s
495	509		peace, health and safety, whichever dat e first occurs
496	510		for a public body in any county for which the Governor
497	511		declares a state of emergency until the emergency
498	512		declaration expires or is terminated , the public body
499	513		shall not be required to make the notice of a public
500	514		meeting available to the publ ic in the principal
501	515		office of the public body or at the location of the
502	516		meeting during normal business hours at least twenty -
503	517		four (24) hours prior to the meeting;
504	518		10. The twenty-four (24) hours required in paragraph 9 of this
505	519		subsection shall exclude Satu rdays, Sundays and holidays lega lly
506	520		declared by the State of Oklahoma. The p osting or distribution of a
507		-	notice of a public meeting as described in paragraph 9 of this
508		-	subsection shall not preclude a public body from considering at its
509		-	regularly scheduled meeting any new business. “New business”, as
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	548	+	notice of a public meeting as described in paragraph 9 of this
	549	+	subsection shall not preclude a public body from considering at its
	550	+	regularly scheduled meeting any new business. “New business”, as
536	551		used herein, shall mean any mat ter not known about or which could
537	552		not have been reasonably foreseen prior to the time of the posting;
538	553		11. In the event any meeting is to be continued or reconvened,
539	554		public notice of such action including date, time and place of the
540	555		continued meeting, sha ll be given by announcement at the original
541	556		meeting. Only matters appearing on the agenda of the meeting which
542	557		is continued may be discussed at the continued or reconvened
543	558		meeting;
544	559		12. Special meetings of publ ic bodies shall not be held without
545	560		public notice being given at least forty -eight (48) hours prior to
546	561		the meetings. Such public notice of date, time and place shall be
547	562		given in writing, in person or by telephonic means to the Secretary
548	563		of State or to the county clerk or to the municipal clerk by pu blic
549	564		bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of
550	565		this subsection. The public body also shall cause written notice of
551	566		the date, time and place of the meeting to be mailed or delivered to
552	567		each person, newspaper, wire service, radio stat ion and television
553	568		station that has filed a written request for notice of meetings of
554	569		the public body with the clerk or secretary of the public body or
555	570		with some other person desi gnated by the public body. Such written
556	571		notice shall be mailed or delivered at least forty-eight (48) hours
557		-	prior to the special meeting. The public body may charge a fee of
558		-	up to Eighteen Dollars ($18.00) per year to persons or entities
559		-	filing a written request for notice of meetings, and may require
560	572
561		-	ENGR. S. B. NO. 1547 Page 12 1
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	599	+	prior to the special meeting. The public body may charge a fee of
	600	+	up to Eighteen Dollars ($18.00) per year to persons or entities
	601	+	filing a written request for notice of meetings, and may require
586	602		such persons or entities to renew the request for notice annually.
587	603		In addition, all public bodies shall, at least twenty -four (24)
588	604		hours prior to such special meetings, display public notice of the
589	605		meeting, setting forth thereon the date, time, place and agenda for
590	606		the meeting. Only matters appearing on the posted agenda may be
591	607		considered at the special meeting. Such public notice shall be
592	608		posted in prominent public view at the principal office of the
593	609		public body or at the location of th e meeting if no office exists.
594	610		Twenty-four (24) hours prior public posting shall exclude Saturdays,
595	611		Sundays and holidays legally declared by the State of Oklahoma. In
596	612		lieu of the public posting requirements of this paragra ph, a public
597	613		body may elect to follow the requirements found in subparagraph b of
598	614		paragraph 9 of this subsection, provided that forty -eight-hour
599	615		notice is required for special meetings and that the forty -eight-
600	616		hour requirement shall exclude Saturdays, Sund ays and holidays
601	617		legally declared by the State of Oklahoma;
602	618		13. In the event of an emergency, an emergency meeting of a
603	619		public body may be held without the public notice heretofore
604	620		required. Should an emergency meeting of a public body be
605	621		necessary, the person calling such a meeting sh all give as much
606	622		advance public notice as is reasonable and possible under the
607		-	circumstances existing, in person or by telephonic or electronic
608		-	means; and
609	623
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	650	+	circumstances existing, in person or by telephonic or electronic
	651	+	means; and
635	652		14. A public body that gives public notice of a meeting for
636	653		which there will be a videoconference op tion in accordance with
637	654		Section 307.1 of thi s title shall not modify the method of meeting
638	655		described in the notice prior to the meeting and shall conduct the
639	656		meeting according to the methods described in the notice. If a co de
640	657		or password is required to ac cess the videoconference meeting, the
641	658		code or password shall be included in the public notice.
642	659		B. 1. All agendas required pursuant to the provisions of this
643	660		section shall identify all items of business to be transacted by a
644	661		public body at a meeting inclu ding, but not limited to, any proposed
645	662		executive session for the purpose of engaging in deliberations or
646	663		rendering a final or intermediate decision in an individual
647	664		proceeding prescribed by the Administrative Procedures Act.
648	665		2. If a public body proposes t o conduct an executive session,
649	666		the agenda shall:
650	667		a. contain sufficient information for the public to
651	668		ascertain that an executive session will be proposed,
652	669		b. identify the items of business and purposes of the
653	670		executive session, and
654	671		c. state specifically t he provision of Section 307 of
655	672		this title authorizing the executive session.
656		-	SECTION 3. It being immediately neces sary for the preservation
657		-	of the public peace, health or safety, an emergency is hereby
658	673
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683	699
	700	+	SECTION 3. It being immediately neces sary for the preservation
	701	+	of the public peace, health or safety, an emergency is hereby
684	702		declared to exist, by reason whereof this act shall take effect and
685	703		be in full force from and after its passage an d approval.
686		-	Passed the Senate the 8th day of March, 2022.
687		-
688		-
689		-
690		-	Presiding Officer of the Senate
691		-
692		-
693		-	Passed the House of Representatives the ____ day of __________,
694		-	2022.
695		-
696		-
697		-
698		-	Presiding Officer of the House
699		-	of Representatives
700		-
	704	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	705	+	March 1, 2022 - DO PASS