Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1055 Compare Versions

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3		-	ENGR. S. B. NO. 1055 Page 1 1
	3	+	SENATE FLOOR VERSION - SB1055 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1055 By: Kidd of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 28, 2023
	31	+
	32	+
	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR
	35	+	SENATE BILL NO. 1055 By: Kidd of the Senate
30	36
31	37		and
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33	39		Pae of the House
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38	45		An Act relating to the Oklahoma Open Meeting Act;
39	46		amending 25 O.S. 2021, Section 307.1, as amended by
40	47		Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp.
41	48		2022, Section 307.1), which relates to
42	49		videoconferences; providing exception for certain
43	50		quorum requirements for community action agency
44	51		boards; removing obsolete language; conforming
45	52		statutory references; providing an effective date;
46	53		and declaring an emergency .
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52	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	60		SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, as
54	61		amended by Section 2, Chapter 182, O.S.L. 2022 (25 O. S. Supp. 2022,
55	62		Section 307.1), is amended to read as follows:
56	63		Section 307.1. A. Except as provided in subsec tions C and D of
57	64		this section, a A public body may hold meetings by videoconference
58	65		where each member of the public body is visible and audible to each
59	66		other and the public through a video monitor, subject to the
60	67		following:
61		-	1. a. except as provided for in subparagraph subparagraphs b
62		-	and c of this paragraph, no less than a quorum of the
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64		-	ENGR. S. B. NO. 1055 Page 2 1
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	95	+	1. a. except as provided for in subparagraph subparagraphs b
	96	+	and c of this paragraph, no less than a quorum of the
89	97		public body shall be present in person at the meeting
90	98		site as posted on the meeting notice and agenda,
91	99		b. a virtual charter school approved and sponsored by the
92	100		Statewide Virtual Charter School Board pursuant to the
93	101		provisions of Section 3-145.3 of Title 70 of the
94	102		Oklahoma Statutes shall maintain a quorum of members
95	103		for the entire duration of the meeting whether us ing
96	104		an in-person site, videoconference sites or any
97	105		combination of such sites to a chieve a quorum, and
98	106		c. the board of a community action agency establ ished
99	107		pursuant to Sections 5035 through 5040 o f Title 74 of
100	108		the Oklahoma Statutes shall maintain a quorum of
101	109		members for the entire duration of the meeting whether
102	110		using an in-person site, videoconference sites or any
103	111		combination of such sites to achieve a quorum, and
104	112		d. each public meeting held by videoconference or
105	113		teleconference shall be recorded either by written,
106	114		electronic, or other means;
107	115		2. The meeting notice and agenda prepared in advance of the
108	116		meeting, as required by law, shall indicate if the meeting will
109	117		include videoconferencing locations and shall state:
110		-	a. the location, address, and telephone number of each
111		-	available videoconference site, and
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113		-	ENGR. S. B. NO. 1055 Page 3 1
	119	+	SENATE FLOOR VERSION - SB1055 SFLR Page 3
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	145	+	a. the location, address, and telephone number of each
	146	+	available videoconference site, and
138	147		b. the identity of each member of the public body and the
139	148		specific site from which each member of the body shall
140	149		be physically present and participating in the
141	150		meeting;
142	151		3. After the meeting notice and agenda are prepared and posted,
143	152		as required by law, no member of the public body shall be allowed to
144	153		participate in the m eeting from any location other than the specific
145	154		location posted on the agenda in advance of the meeting;
146	155		4. In order to allow the public the maximum opportunity to
147	156		attend and observe each public of ficial carrying out the duties of
148	157		the public official, a member or members of a public body desiring
149	158		to participate in a meeting by videoconference shall participate in
150	159		the videoconference from a site and room located within the district
151	160		or political subdivision from which they are elected, appointed, or
152	161		are sworn to represent;
153	162		5. Each site and room where a member of the public body is
154	163		present for a meeting by videoconference shall be open and
155	164		accessible to the public, and the public shall be allowed into that
156	165		site and room. Public bodies may provide additional videoconference
157	166		sites as a convenience to the public, but additional sites shall not
158	167		be used to exclude or discourage public attendance at any
159	168		videoconference site;
160		-	6. The public shall be allowed t o participate and speak, as
161		-	allowed by rule or policy set by the public body, in a meeting at
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163		-	ENGR. S. B. NO. 1055 Page 4 1
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	196	+	6. The public shall be allowed t o participate and speak, as
	197	+	allowed by rule or policy set by the public body, in a meeting at
188	198		the videoconference site in the same manner and to the same extent
189	199		as the public is allowed to participate or speak at the site of the
190	200		meeting;
191	201		7. Any materials shared electronically between members of the
192	202		public body, before or during the videoconference, shall also be
193	203		immediately available to the public in the same form and manner as
194	204		shared with members of the public body; and
195	205		8. All votes occurring during any meeting conducted using
196	206		videoconferencing shall occur and be recorded by roll call vote.
197	207		B. Except as provided for in subsection E C of this section, no
198	208		public body shall conduct an executive session by videoconference.
199	209		C. Upon the effective date of this a ct and until February 15,
200	210		2022, or until thirty (30) d ays after the expiration or termination
201	211		of the state of emergency declared by the Governor to respond to the
202	212		threat of COVID-19 to the people of this state and the public ’s
203	213		peace, health and safety, whi chever date first occurs, the
204	214		provisions of this subse ction and subsection D shall operate as law
205	215		in this state.
206	216		1. A public body may hold meetings by teleconference or
207	217		videoconference if each member of the public body is audible or
208	218		visible to each other and the public, subject to the following:
209		-	a. for a virtual charter school approved and sponsored by
210		-	the Statewide Virtual Charter School Board pursuant to
211		-	the provisions of the Oklahoma Statutes, the pu blic
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213		-	ENGR. S. B. NO. 1055 Page 5 1
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	246	+	a. for a virtual charter school approved and sponsored by
	247	+	the Statewide Virtual Charter School Board pursuant to
	248	+	the provisions of the Oklahoma Statutes, the public
238	249		body shall maintain a quorum of members for the e ntire
239	250		duration of the meeting whether using an in -person
240	251		site, teleconference, or videoconference or any
241	252		combination of such sites to achieve a quorum, and
242	253		b. if the meeting is held using either teleconference or
243	254		videoconference capabilities, and at any ti me the
244	255		audio connection is disconnected, the meeting s hall be
245	256		stopped and reconvened once the audio connection is
246	257		restored;
247	258		2. The meeting notice and agenda prepared in advance of the
248	259		meeting, as required by law, shall indicate if the meeting will
249	260		include teleconferencing or videoconferencing and shall also state:
250	261		a. each public body member appearing remotely and the
251	262		method of each member’s remote appearance, and
252	263		b. the identity of the public body member or members who
253	264		will be physically present at the mee ting site, if
254	265		any;
255	266		3. After the meeting notice and ag enda are prepared and poste d
256	267		as required by law, public body members shall not be permitted to
257	268		alter their method of attendance; provided, however, those members
258		-	who were identified as appearing remotel y may be permitted to
259		-	physically appear at the meeting site, if any, for the meet ing;
260		-	4. The public body shall be allowed to participate and speak,
261		-	as allowed by rule or policy set by the public body, in a meeting
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	296	+	who were identified as appearing remotel y may be permitted to
	297	+	physically appear at the meeting site, if any, for the meet ing;
	298	+	4. The public body shall be allowed to participate and speak,
	299	+	as allowed by rule or policy set by the public body, in a meeting
288	300		which utilizes teleconference or videocon ference in the same manner
289	301		and to the same extent as t he public is allowed to par ticipate or
290	302		speak during a meeting where all public body members are physically
291	303		present together at the meeting site;
292	304		5. Any documents or other materials provided to members of the
293	305		public body or shared electronically between me mbers of the public
294	306		body during a meeting utilizing teleconferencing or
295	307		videoconferencing shall also be immediately available to the public
296	308		on the website of the public body, if the public body maintain s a
297	309		website; and
298	310		6. All votes occurring during any me eting utilizing
299	311		teleconference or videoconference shall occur and be recorded by
300	312		roll call votes.
301	313		D. Public bodies are permitted to conduct an executive session
302	314		by teleconference or videoconference. F or such executive sessions,
303	315		no public body member is r equired to be physically present so long
304	316		as each public body member is audible or visible to each other. The
305	317		meeting notice and agenda prepared in advance of the meeting as
306	318		required by law shall indica te if the executive session will include
307	319		teleconferencing or videoconferencing an d shall also state the
308		-	identity of each public body member appearing remotely, the method
309		-	of each member’s remote appearance, and whether any member will be
310		-	physically present at the meeting site, if any, for the executive
311		-	session.
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313		-	ENGR. S. B. NO. 1055 Page 7 1
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	347	+	identity of each public body member appearing remotely, the method
	348	+	of each member’s remote appearance, and whether any member will be
	349	+	physically present at the meeting site, if any, for the executive
	350	+	session.
338	351		E. The Oklahoma Tax Com mission may conduct executive sessions
339	352		with the taxpayer at issue attending using videoconference
340	353		technology to discuss confidential taxpayer matters as provided for
341	354		in Section 205 of Title 68 of the Oklahoma Statutes . During
342	355		executive sessions, the Commission is required to be physically
343	356		present while taxpayers may a ppear using videoconference technology.
344	357		The technology selected and utilized by the Commission shall ensure
345	358		taxpayer confidentiality including compliance with safeg uards as
346	359		provided for in Internal Revenue Service Publication 1075.
347	360		SECTION 2. This act shall become effective July 1, 2023.
348	361		SECTION 3. It being immediately necessary for the preservation
349	362		of the public peace, health or safety, an emergency is hereby
350	363		declared to exist, by reason whereof thi s act shall take effect and
351	364		be in full force from and after its passage and approval.
352		-	Passed the Senate the 21st day of March, 2023.
353		-
354		-
355		-
356		-	Presiding Officer of the Senate
357		-
358		-
359		-	Passed the House of Representatives the ____ day of __________,
360		-	2023.
361		-
362		-
363		-
364		-	Presiding Officer of the House
365		-	of Representatives
366		-
	365	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	366	+	February 28, 2023 - DO PASS AS AMENDED BY CS