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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1371 By: West (Tammy)
AS INTRODUCED
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Section 307, as amended by
Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp.
2022, Section 307), which relates to exe cutive
sessions; authorizing executive sessions related to
self-evaluation by public body; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 307, as
amended by Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2022,
Section 307), is amended to read as follows:
Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provided in this section.
B. Executive sessions of public bodies w ill be permitted only
for the purpose of:
1. Discussing the employment, hirin g, appointment, promotion,
demotion, disciplini ng or resignation of any individual sa laried
public officer or employee;
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2. Discussing negotiations concerning employees and
representatives of employee g roups;
3. Discussing the purchase or appraisal of rea l property;
4. Confidential communications bet ween a public body and its
attorney concerning a pending investigation, claim, or action if the
public body, with the advice of its attorney, determines th at
disclosure will seriously impair the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interest;
5. Permitting district boards of education to hear eviden ce 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;
7. Discussing any matter where disclosure of information would
violate confidentiality requirements of state or federal la w;
8. Engaging in deliberations or rendering a final or
intermediate decision in an individual proceeding pursuant to
Article II of the Administrative Procedures Act;
9. Discussing matters involving s afety and security at state
penal institutions or corr ectional facilities used to house state
inmates;
10. Discussing contract negotiation s involving contracts
requiring approval of the State Board of Corrections, which shall be
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limited to members of the public body, the attorney for the public
body, and the immediate staff of the public body. No person who may
profit directly or indirectly by a proposed transaction which is
under consideration may be present or participate in the executive
session; or
11. Discussing the following:
a. the investigation of a plan or 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 pro tection
from an act of terrorism,
d. plans for response or remediation after an act of
terrorism,
e. information technology of the public b ody but only if
the discussion specifically identifies:
(1) design or functional schematics t hat demonstrate
the relationship or connections between devices
or systems,
(2) system configuration information,
(3) security monitoring and response equipment
placement and configuration,
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(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 inform ation directly related to
security penetrations or denial of services, or
f. the investigation of an act of terrorism that has
already been committed ; or
12. Self-evaluation of the public body .
For the purposes of this subsection, 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 subsection B of this
section, the following public bodies may hold ex ecutive sessions:
1. The State Banking Board, as provided for under Section 306.1
of Title 6 of the Oklahoma Statutes;
2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Dev elopment 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 Advanc ement of Science and
Technology, as provided for in Section 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Health Research Committee for purposes of
conferring on matters pertaining to research and development of
products, if public disclosu re of the matter discussed would
interfere with the development 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 committe e, as provided for in Section 855 of Title
62 of the Oklahoma Statutes;
8. The Child Death Review Board for purposes of receiving and
conferring on matters pertaining to materials declared confidential
by law;
9. The Domestic Violence Fatality Review Boa rd as provided in
Section 1601 of Title 22 of the Oklahoma Statutes;
10. The Opioid Overdose Fatality Review Board, a s provided in
Section 2-1001 of Title 63 of the Oklahoma Statutes;
11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts, task forces or study groups supported in whole or par t by
public funds or entrusted with the expenditure of public funds for
purposes of conferring on matters pertaining to economic developme nt
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including the transfer of property, financing, or the creation of a
proposal to entice a business to remain or to l ocate 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 confidentiality of the business;
12. The Oklahoma Indigent Defense System B oard for purposes of
discussing negotiating s trategies in connection with making possible
counteroffers to offers to contract to provide l egal representation
to indigent criminal defendants and indigent juveniles in cases for
which the System must provide representation pursuant to the
provisions of the Indigent Defense Act;
13. The Quality Investment Committee for p urposes of discussing
applications and confidential materials pursuant to the terms of the
Oklahoma Quality Investment Act;
14. The Oklahoma Municipal Power Authority established pursuant
to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
in its role as an electr ic utility regulated by the federal
government, for purposes of discussing security plans and procedures
including, but not limited to, cybersecurity matters; and
15. The Oklahoma Tax Commission for purposes of discussing
confidential taxpayer matters as provided in Section 205 of Title 68
of the Oklahoma Statutes, and in compliance with subsection E of
this section.
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D. Except as otherwise specified in this subsection, an
executive session for the purpose of discussing the purchase or
appraisal of real pr operty shall be limited to members of the public
body, the attorney f or the public body and the immediate staff of
the public body. No landowner, real estate salesperson, broker,
developer or any other person who may profit directl y 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 agreement to
represent the public body.
E. No public body m ay go into an executive 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 pr esent 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 Tax Commission, and which are
required by state or federal law to be confidential, any vo te or
action on any item of business considered in an executive session
shall be taken in public meeting with t he vote of each member
publicly cast and recorded.
F. A willful violation of the provisions of this section shall:
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1. Subject each member of th e public body to crimina l sanctions
as provided in Section 314 of this title; and
2. Cause the minutes and all other records of the execut ive
session including tape recordings, to be immediately made public.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6593 MAH 01/11/23