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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1055 By: Kidd
AS INTRODUCED
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Section 307.1, as amended by
Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp.
2022, Section 307.1), which relates to
videoconferences and teleconferences; removing
expired language; authorizing public bodies to
conduct meetings by videoconference; providing an
effective date; and declaring a n emergency.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, as
amended by Section 2, Chapter 182, O .S.L. 2022 (25 O.S. Supp. 2022,
Section 307.1), is amended to read as follows:
Section 307.1. A. Except as provided in subsec tions C and D of
this section, a 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 through a video monitor, subject to the
following:
1. a. except as provided for in s ubparagraph b of this
paragraph, no less than a quorum of the public body
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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
for the entire duration of the meeting whe ther using
an in-person site, videoconference site s or any
combination of such sites to a chieve 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 and agenda prepared in advance of the
meeting, as required by law, shall indica te 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 me mber of the public body shall be allowed to
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participate in the meeting 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 pu blic official 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
or political subdivision from which they are elected, appoint ed, 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 allowe d into that
site and room. Public bodies may prov ide 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 al lowed 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 th e
public body, before or during the videoconference, shall also be
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immediately available to the public in the same form and manner as
shared with members of the public body; and
8. All votes occurring duri ng any meeting conducted using
videoconferencing shall occur and be recorded by roll call vote.
B. Except as provided for in subsection E C of this section, no
public body shall conduct 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 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 sa fety, whichever date first occurs, the
provisions of this subsection 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 usi ng an in-person
site, teleconference, or videoconference or any
combination of such sites to achieve a quorum, and
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b. if the meeting is held using either teleconference or
videoconference capabilities, and at any time the
audio connection is disconnected, the meeting shall be
stopped and reconvened once the audio connectio n is
restored;
2. The meeting notice and agenda prepared in advance of the
meeting, as required by law, shall indicate if the meeting wil l
include teleconferencing or videoconferencing an d 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 a t the meeting site, if
any;
3. After the meeting notice and agenda are prepared and poste d
as required by law, publi c body members shall not be permitted to
alter their method of attendance; provided, however, those members
who were identified as appearin g remotely may be permitted to
physically appear at the meeting site, if any, for the meet ing;
4. The public body s hall 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 the public is allowed to par ticipate or
speak during a meeting where all public body members are physically
present together at the meeting site;
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5. Any documents or other materials provided to members of the
public body or shared electronical ly between members of the public
body during a meeting utilizing teleconferencing 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 meeting 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 videoconfe rence. For such executive sessions,
no public body member is required to be physically pr esent 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 an d 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 exe cutive
session.
E. The Oklahoma Tax Com mission 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 Statute s. During
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executive sessions, the Commission is required to be physically
present while taxpayers may appear using videoconference technology.
The technology selected and utilized by the Commission shall ensure
taxpayer confidentiality including compliance with safeguards as
provided for in Internal Revenue Service Publication 1075.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately ne cessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-459 TEK 1/19/2023 1:07:18 PM