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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1804 By: Howard
AS INTRODUCED
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Se ctions 304 and 307.1, which
relate to definitions, videoconferences, and
teleconferences; modifying definitions; authorizing
electronic attendance and participation in certain
public meetings; limiting allowable electronic
attendance by members of public body; provid ing
exception; requiring main tenance of quorum; re quiring
minutes of certain meetings; modify ing procedures for
public participation in certain meetings; requiring
certain materials to be made availa ble to public;
requiring roll call votes; deleting certain emergency
provisions; conforming language; and p roviding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 30 4, is
amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act :
1. “Public body” means the governing bodies of all
municipalities located within this state, boards of county
commissioners of the counties in this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
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agencies, trusteeships, authorities, councils, committees, public
trusts or any entity created by a public trust, including any
committee or subcommittee composed of any of the members of a public
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2007 of Title 62 of the
Oklahoma Statutes, task forces or study groups in th is 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 subcommittees of any public body.
Public body shall not include the state judicia ry, 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 public bodies,
including, but not limited to, faculty me etings 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, public body shall not include the
multidisciplinary teams provided for in Sect ion 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 considering recommendations of a
multidisciplinary team and deciding the placemen t of any child who
is the subject of the recommendations. Furthermore, p ublic body
shall not include meetings conducted by stewards desi gnated by the
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Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
3A of the Oklahoma Statutes when the stewards are officiating a t
races or otherwise enforcing rules of the Com mission. Furthermore,
public body shall not include the board o f directors of a Federally
Qualified Health Center;
2. “Meeting” means the conduct of business of a public body by
a majority of its members bei ng personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gatherings of a
majority of the members of the public body when no business of th e
public body is discussed ;
3. “Regularly scheduled meeting ” means a meeting at which the
regular business of the public body is conduct ed;
4. “Special meeting” means any meeting of a public body other
than a regularly scheduled meeting or emergency meet ing;
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 situation involving injury
to persons or injury and damage to public or persona l property or
immediate financial loss when the time requirements for pub lic
notice of a special meeting would make such procedure imprac tical
and increase the likelihood of injury or damage or immediate
financial loss;
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6. “Continued or reconvened meeting ” means a meeting which is
assembled for the purpose of finishing busines s appearing on an
agenda of a previous meeting. For the purpose s of the Oklahoma Open
Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of the continuance is made may b e 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 linked by interactive
telecommunication devices or technology and/or technol ogy permitting
both visual and auditory communication between and among m embers of
the public body and/or between and among members of th e public body
and members of the public. During any videoconference, both the
visual and auditory communications funct ions shall attempt to be
utilized interaction at a public meeting pursua nt to the
requirements of Section 307.1 of this title; and
8. “Teleconference” means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and/or techn ology permitting auditory
communication between and among mem bers of the public body and/or
between and among members of the public body an d members of the
public interaction at a public meeting pursuant to the requirements
of Section 307.1 of this title .
SECTION 2. AMENDATORY 25 O.S. 2021, Section 307.1, is
amended to read as follows:
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Section 307.1. A. Except as provided in subsections C and D of
this section, a A public body may hold meetings and executive
sessions by videoconference electronic means where each member of
the public body is visible and audible to each other and the publi c
through a video monitor may participate in the meetings
electronically, subject to the following:
1. a. except as provided for in subparagraph b of this
paragraph, no less than a q uorum of the public body
shall be present in person at the meeting site as
posted on the meeting notice and agenda A member of a
public body shall not participate electronically in
more than half of the regularly scheduled meetings of
the public body in a calendar year, and electronic
participation in more than half of such meet ings shall
be recorded as an absence ; provided, however, suc h
requirement shall not apply during a declared state of
emergency. The requirements of this subparagraph
shall not apply to a person serving on a virtual
charter school approved and sponsored by the Statewide
Virtual Charter School Board p ursuant to the
provisions of Section 3 -145.3 of Title 70 of the
Oklahoma Statutes,
b. a virtual charter school approved and spon sored by the
Statewide Virtual Ch arter School Board pursua nt to the
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provisions of Section 3-145.3 of Title 70 of the
Oklahoma Statutes A public body shall maintain a
quorum of members for the entire duration of the
meeting whether using an in-person site,
videoconference sites electronic participation or any
combination of such sites thereof to achieve a
quorum;, and
c. each Each public meeting held by videoconference or
teleconference in compliance with this section shall
be recorded either by written, elec tronic, or other
means have minutes prepared as required by law;
2. The meeting notice and agenda prepared in advance of the
meeting, as required by law, shall indicate if the meetin g will may
include videoconferencing locations in-person or electronic
participation and shall state:
a. the location, and address of the in-person portion of
the meeting, and the 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 prepare d and posted,
as required by law, no member of the public body shall be allowed to
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participate in the meeting from any locat ion other than the specific
location posted on the agenda in advance of the meetin g;
4. In order to allow the public the maximum op portunity 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 partic ipate in
the videoconference from a site and room located within the district
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 v ideoconference 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 publi c attendance at any
videoconference site;
6. and any other electronic source that may be used to access
the meeting;
3. The public shall be allowed to participate and speak , as
allowed by at an in-person or electronically-held meeting to the
extent such participation is consistent wi th a previously adopted
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
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the public is allowed to participate or speak at the site of the
meeting;
7. 4. Any materials shared electronically between members of
the public body, before or during the videoconference, shall also be
immediately made available to the public in the same form and manner
as shared with members of the public bo dy; and
8. 5. All votes occurring during any m eeting conducted using
videoconferencing electronic means shall occur and be recorded by
roll call vote.
B. No public body shall conduct an executive ses sion 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 declared by the Governor to res pond to the
threat of COVID-19 to the people of this state and the public ’s
peace, health and safe ty, whichever date first occurs, the
provisions of this subsecti on 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
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body shall maintain a quorum of members fo r 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 shal l be
stopped and reconven ed once the audio connection is
restored;
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 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 bo dy member or members who
will be physically present at the meeting site, if
any;
3. After the meeting notice and agend a are prepared and posted
as required by law, public b ody members shall not be permitted to
alter their method of attendance; provided, h owever, those members
who were identified as appearing remotely may be permitted to
physically appear at the meeting si te, if any, for the meeti ng;
4. The public body shall be allowed to participate and speak,
as allowed by rule or policy set by the publi c body, in a meeting
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which utilizes teleconference or v ideoconference in the same manner
and to the same extent as the public is allowed to part icipate or
speak during a meeting where all public body members are p hysically
present together at the meeting s ite;
5. Any documents or other materials provided to m embers of the
public body or shared electronically between membe rs of the public
body during a meeting utilizing telec onferencing or
videoconferencing shall a lso be immediately available to the public
on the website of the public body, if the public body m aintains a
website; and
6. All votes occurring during any meeti ng utilizing
teleconference or videoconference shall o ccur and be recorded by
roll call votes.
D. Public bodies are permitted to conduct an executive session
by teleconference or videoconfere nce. For such executive sessions,
no public body member is requ ired to be physically pre sent so long
as each public body member is audible or visible to each other. The
meeting notice and agenda prep ared 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 r emotely, 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.
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SECTION 3. This act shall become effective November 1, 2022.
58-2-2916 TEK 1/20/2022 7:52:55 PM