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ENGROSSED HOUSE
BILL NO. 2108 By: Pae, Fugate, Schreiber, and
Hefner of the House
and
Howard of the Senate
[ public meetings - Oklahoma Open Meeting Act -
public health emergency - meetings and executive
sessions utilizing di gital means - private
electronic communications – codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, as
amended by Section 1, Chapter 123, O.S.L. 2022 (25 O .S. Supp. 2022,
Section 304), 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 countie s in this state, boards of pub lic and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
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trusts or any entity created by a public trust including any
committee or subcommi ttee composed of any of the me mbers 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 this state
supported in whole or in part by public fun ds 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 judiciary, the Council on
Judicial Complaints when conducti ng, discussing, or deliberating any
matter relating to a complaint received or filed with the Co uncil,
the Legislature, or administrati ve staffs of public bodies
including, but not limited to, faculty meetings and athletic st aff
meetings of institutions o f higher education when those staffs are
not meeting with the public body, or entry -year assistance
committees. Furthermore, public bo dy shall not include the
multidisciplinary teams provided for in Section 1-9-102 of Title 10A
of the Oklahoma Statutes , in Section 2 of this act, and in
subsection C of Section 1-502.2 of Title 63 of the Oklahoma Statu tes
or any school board meeting for th e sole purpose of considering
recommendations of a multidisciplinary team and deciding the
placement of any child who is the subject of the recommendations.
Furthermore, public body shall not include meetings conducte d by
stewards designated by the Oklaho ma Horse Racing Commission pursuant
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to Section 203.4 of Title 3A of the Oklahoma Statutes w hen the
stewards are officiati ng at races or otherwise enforcing rules of
the Commission. Furthermore, public body shall not i nclude the
board of directors of a Fed erally Qualified Health Center;
2. "Meeting" means the conduct of business of a public bo dy by
a majority of its members being 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 busin ess of the
public body is discu ssed;
3. "Regularly scheduled meeting" means a meeting at which the
regular business of the publ ic body is conducted;
4. "Special meeting" means any meeting of a public body other
than a regularly scheduled meeting or eme rgency meeting;
5. "Emergency meeting" means any meeting called for the purpose
of dealing with an emergency. For purposes of th e Oklahoma Open
Meeting Act, an emerge ncy is defined as a situation involving injury
to persons or injury and damage to publi c or personal property or
immediate financial loss when the time requirements for public
notice of a special meeting would make suc h procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
6. "Continued or reconvened meeting" means a meeting whic h is
assembled for the purpose of finishing business appearing on an
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agenda of a previous meeting . For the purposes of the Oklahoma Op en
Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of the continuance is made m ay be discussed
at a continued or reconvened meeting;
7. "Public health emergency" means a situation where the
circumstances lead state or local elected officials, as applicable
to this act, to determine a risk of death or sign ificant harm to the
human population of the s tate or particular applicable political
subdivision. A locally declared state of emergency may be declared
by a mayor or chairperson of a board of county commissioners , but
shall not continue for more than thirty (30) days without
ratification of the respective public body. The emergency may be
extended for a maxim um of ninety (90) days with ratification of the
respective body, and each extension shall not continue for more than
thirty (30) days unless such state of emergency is concurrently
declared by the Governor of the State of Oklahoma covering the
applicable political subdivision;
8. "Videoconference" means a conference among mem bers of a
public body remote from one another who are linke d by interactive
telecommunication devices or technology and/or technology permitting
both visual and auditory communication between and among members of
the public body and/or between and among me mbers of the public body
and members of the public. During any videoconference, both the
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visual and auditory commun ications functions shall attempt to be
utilized; and
8. 9. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and/or technology permitting auditory
communication between and among members of the public body and /or
between and among members of the public body and members of the
public.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 307.2 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. Public bodies, unless specifically exempted, may conduct
meetings and executive sessio ns utilizing digital means subject to
the following requirement s:
1. Any member of a governing body participating in a meeting
utilizing electronic means shall be confir med by audio or visual
affirmation to the public to be the actual member of the governing
body and may only participate from a f ixed location;
2. Documents provided digitally during a meeting utilizing
electronic means shall b e made available in accordance with the
lawfully adopted policy of the governing b ody and open records
requirements;
3. Any governing body making a good fa ith effort to comply with
the provisions of this section shall be immune from liability for
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any attorney fees connected with l itigation for a failure to comply
with this section; and
4. Minutes shall be prepared in compliance with state and local
law as applicable to public mee tings.
B. To the extent practicable, if a public body maintains a
website, has dedicated information technology employees, and has
immediate access to a hi gh-speed Internet connection, meetings held
without a physical meeting place open to the public shal l be
streamed live on a website, made available by telephonic means, or
video of the meeting made avail able through an alternative website.
Video of such meetings shall be maintained by the public body and
available to the public f or a period of at least seven (7) business
days after the meeting minutes become official as requir ed by
Section 312 of Title 25 of the Oklahoma Statutes. Recordings
created under this subsection are subject t o the retention
requirements included herein a nd are not subject to any other record
or retention statute. The provisions of the subsection shall not
apply if there exists, or if a governing body determines, the
implementation of this subsection creates a significant financial
burden.
C. Meetings held without a physical mee ting place open to the
public shall be streamed or otherwise made available to the public
at no charge by util izing digital means, the website of the public
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body, the Internet, or other free subscription digital services or
applications.
D. The public may be allowed to participate in meetings held
without a physical meeting place op en to the public to the extent
such participation is consistent with previously adopted statutes,
rules, or policy.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 315 of Title 25, unless there is
created a duplication in num bering, reads as follows:
No private electronic communications concerning public busi ness
may occur during a public meeti ng amongst members of the governing
body.
SECTION 4. This act shall become effec tive November 1, 2023.
Passed the House of Representatives the 23rd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate