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SENATE FLOOR VERSION
February 8, 2022
AS AMENDED
SENATE BILL NO. 1698 By: Weaver
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Section 3 07, which relates to
executive sessions; prohibiting disclosure of certain
information; providing for sanctions for certain
violation; updating obsolete language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Sect ion 307, is
amended to read as follows:
Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provid ed in this section.
B. Executive sessions of public bodies wil l be permitted only
for the purpose of:
1. Discussing the employment, hiring, appointment, promotion,
demotion, disciplining or resignation of any individual salaried
public officer or employe e;
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2. Discussing negotiations conce rning employees and
representatives of employee groups;
3. Discussing the purcha se or appraisal of real property;
4. Confidential communications between a public body and its
attorney concerning a pending investigation , claim, or action if the
public body, with the advice of its a ttorney, determines that
disclosure will seriously imp air the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interes t;
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
with disabilities;
7. Discussing any matter whe re disclosure of informa tion 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 t o
Article II of the Administrative Procedures Act;
9. Discussing matters involving safety and secu rity at state
penal Department of Corrections institutions or corre ctional
facilities used to house state inmates;
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10. Discussing contract negotiations involving contracts
requiring approval of the Board of Corrections, which shall be
limited to members of the public body, the attorney for the public
body, and the immedi ate staff of the public body. No person who may
profit directly or indirectly by a proposed transaction whi ch is
under consideration may be present or participate in the executive
session; or
11. Discussing the following:
a. the investigation of a plan o r 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 re mediation after an act of
terrorism,
e. information technology of the public body but only if
the discussion specifically identifies:
(1) design or functional schematics that demonstrat e
the relationship or connections between devices
or systems,
(2) system configuration information,
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(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 information 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 su bsection, the term “terrorism” means any
act encompassed by the definitions set forth in Section 1268.1 of
Title 21 of the Oklahoma Statutes.
C. Notwithstanding the provisions of subse ction 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 Statu tes;
2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Developmen t Finance Authority, as provided for
in Section 5062.6 of Title 74 of the Oklahoma Statutes;
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4. The Oklahoma Center for the Advancement of Science and
Technology, as provided for in Se ction 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Hea lth Research Committee for purposes of
conferring on matters pertaining to research and development of
products, if public disclosure of the matter discussed would
interfere with the de velopment of patents, copyrights, products, or
services;
6. The Workers’ Compensation Commission for the purposes
provided for in Section 20 of Title 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 purposes of rece iving and
conferring on matters pertaining to materials declared confidential
by law;
9. The Domestic Viole nce Fatality Review Board as provided in
Section 1601 of Title 22 of the Okla homa Statutes;
10. The Opioid Overdose Fatality Review Board, as provi ded in
Section 2-1001 of Title 63 of the Oklahoma Statutes;
11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, publ ic
trusts, task forces or study groups supported in whole or part by
public funds or entrusted with the expenditure of public funds for
purposes of conferring on matters pertainin g to economic
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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 disclosure of the matter
discussed would interfere with the development of products or
services or if public disclosure would violate the confidentia lity
of the business;
12. The Oklahoma Indigent Defense System Board f or purposes of
discussing negotiating strategies in connection with making possible
counteroffers to offers to contract to provide legal representation
to indigent criminal defendants a nd indigent juveniles in cases for
which the System must provide repres entation pursuant to the
provisions of the Indigent Defense System Act;
13. The Quality Investment Committe e 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 established pursuant
to Section 24-101 et seq. of Title 11 of the Oklahoma St atutes and
in its role as an electric utility regulated by the federal
government, for purposes of discussing security plans and procedures
including, but not limited to, cybersecurity matters.
D. Except as otherwise specified in this 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 immediate staff of
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the public body. No landowner, real estate salesperson, broke r,
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 in the executive
session, unless they are operating under an existing agree ment to
represent the public body.
E. No public body may go into an executiv e 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 the
State Banking Board and the Oklahoma Savings and Loan Board, 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 take n in public meeting with the vote of each
member publicly 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 executive
session, including tape recordings, to be immediat ely made public.
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G. Disclosure of confidential information presented or
discussed in an executive session authorized under this section
shall be deemed a violation of this section and shall be subject to
sanctions as provided in Section 314 of th is title.
SECTION 2. This act shall become effective Novembe r 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 8, 2022 - DO PASS AS AMENDED