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ENGROSSED SENATE
BILL NO. 1055 By: Kidd of the Senate
and
Pae of the House
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; providing exception for certain
quorum requirements for community action agency
boards; removing obsolete language; conforming
statutory references; providing an effective date ;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 foll ows:
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 t hrough a video monitor, subje ct to the
following:
1. a. except as provided for in subparagraph subparagraphs b
and c of this paragraph, no less than a quorum of the
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public body 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 whether us ing
an in-person site, videoconference sites or any
combination of such sites to a chieve a quorum, and
c. the board of a community action agency establ ished
pursuant to Sections 5035 through 5040 o f Title 74 of
the Oklahoma Statutes shall maintain a quorum of
members for the entire duration of the meeting whether
using an in-person site, videoconference sites or any
combination of such sites to achieve a quorum, and
d. 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 indicate if the meeting will
include videoconferencing locations and shall state:
a. the location, address, and telephone number of each
available videoconference site, and
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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 p repared and posted,
as required by law, no member of the public body shall be allowed to
participate in the m eeting 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 maxi mum opportunity to
attend and observe each public of ficial 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, appointed, 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 allowed into that
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 public attendance at any
videoconference site;
6. The public shall be allowed t o participate and speak, as
allowed by rule or policy set by the public body, in a meeting at
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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 the
public body, before or during the videoconference, shall also be
immediately available to the public in the same form and manner as
shared with members of the public body; and
8. All votes occurring during 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 a ct and until February 15,
2022, or until thirty (30) d ays 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 thi s state and the public’s
peace, health and safety, whi chever date first occurs, the
provisions of this subse ction and subsection D shall operate as law
in this state.
1. A public body may hold meetings by teleconference or
videoconference if each member o f 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 pu blic
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body shall maintain a quorum of members for the e ntire
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 telecon ference or
videoconference capabilities, and at any ti me the
audio connection is disconnected, the meeting s hall be
stopped and reconvened 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 state:
a. each public body member appearing remotely and the
method of each member’s remote appearance, and
b. the identity of the public body membe r or members who
will be physically present at the mee ting site, if
any;
3. After the meeting notice and ag enda are prepared and poste d
as required by law, public body members shall not be permitted to
alter their method of attendance; provided, however, those members
who were identified as appearing remotel y may be permitted to
physically appear at the meeting site, if any, for the meet ing;
4. The public body shall be allowed to participate and speak,
as allowed by rule or policy set by the public body, in a meeting
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which utilizes teleconference or videocon ference in the same manner
and to the same extent as t he public is allowed to par ticipate or
speak during a meeting where all public body members are physically
present together at the meeting site;
5. Any documents or other materials provided to members of the
public body or shared electronically between me mbers 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 maintain s a
website; and
6. All votes occurring during any me eting utilizing
teleconference or videoconference shall occur and be recorded by
roll call votes.
D. Public bodies are permitted to conduct an exec utive session
by teleconference or videoconference. F or such executive sessions,
no public body member is r equired to be physically present 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 indica te 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 executive
session.
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E. The Oklahoma Tax Com mission may conduct executive sessions
with the taxpayer at issue attending using videoconference
technology to discuss c onfidential taxpayer matters as provided for
in Section 205 of Title 68 of the Oklahoma Statutes . During
executive sessions, the Commission is required to be physically
present while taxpayers may a ppear using videoconference technology.
The technology selected and utilized by the Commission shall ensure
taxpayer confidentiality including compliance with safeg uards as
provided for in Internal Revenue Service Publication 1075.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary 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 appr oval.
Passed the Senate the 21st day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives