Oklahoma 2024 Regular Session

Oklahoma House Bill HB2108 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2108 SFLR Page 1
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29		-	SENATE FLOOR VERSION
30		-	April 4, 2023
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 59th Legislature (2023)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 2108 By: Pae, Fugate, Schreiber, and
	34	+	HOUSE BILL 2108 By: Pae, Fugate, Schreiber, and
36	35		Hefner of the House
37	36
38	37		and
39	38
40	39		Howard of the Senate
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	43	+
	44	+	COMMITTEE SUBSTITUTE
44	45
45	46		[ public meetings - Oklahoma Open Meeting Act -
46	47		public health emergency - meetings and executive
47	48		sessions utilizing di gital means - private electronic
48	49		communications – codification - effective date ]
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53	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	55		SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, as
55	56		amended by Section 1, Chapter 123, O.S.L. 2022 (25 O.S. Su pp. 2022,
56	57		Section 304), is amended to read as follows:
57	58		Section 304. As used in the Oklahoma Open Meeting Act:
58	59		1. “Public body” means the governing bodies of all
59	60		municipalities located within this state, boards of county
60	61		commissioners of the counties in this state, boards of public and
61	62		higher education in this state and all boards, bureaus, commissions,
62	63		agencies, trusteeships, auth orities, councils, committees, public
63	64		trusts or any entity created by a public trust including any
64		-	committee or subcommittee composed of any of the members of a public
65	65
66		-	SENATE FLOOR VERSION - HB2108 SFLR Page 2
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	91	+	committee or subcommittee composed of any of the members of a public
92	92		trust or other legal entity receiving funds from the Rural Economic
93	93		Action Plan Fund as authorized by Section 2007 of Title 62 of the
94	94		Oklahoma Statutes, task forces or study groups in this state
95	95		supported in whole or in part by public funds or entrusted with the
96	96		expending of public funds, or administering public property, and
97	97		shall include all committees or subcommittees of any public body.
98	98		Public body shall not include :
99	99		a. the state judiciary,
100	100		b. the Council on Judicial Complaints when conducting,
101	101		discussing, or deliberating any matter relating to a
102	102		complaint received or filed with the Counc il,
103	103		c. the Legislature, or
104	104		d. administrative staffs of public bodies including , but
105	105		not limited to, faculty meetings and athletic staff
106	106		meetings of institutions of higher education when
107	107		those staffs are not meeting with the public body, or
108	108		entry-year assistance committees. Furthermore, public
109	109		body shall not include the ,
110	110		e. multidisciplinary teams provi ded for in Section 1 -9-
111	111		102 of Title 10A of the Oklahoma Statutes, in Section
112	112		2 10-115 of this act Title 43A of the Oklahoma
113	113		Statutes, and in subsection C of Section 1-502.2 of
114	114		Title 63 of the Oklahoma Statutes or any school board
115		-	meeting for the sole purpo se of considering
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	141	+	meeting for the sole purpo se of considering
143	142		recommendations of a multidisciplinary team and
144	143		deciding the placement of any child who is the subject
145	144		of the recommendations . Furthermore, public body
146	145		shall not include,
147	146		f. meetings conducted by stewards designated by the
148	147		Oklahoma Horse Racing Commission pursuant to Section
149	148		203.4 of Title 3A of the Oklahoma Statutes when the
150	149		stewards are officiating at races or otherwise
151	150		enforcing rules of the Commission. Furthermore,
152	151		public body shall not include , or
153	152		g. the board of directors of a Fede rally Qualified Health
154	153		Center;
155	154		2. “Meeting” means the conduct of business of a public body by
156	155		a majority of its members being personally together or, as
157	156		authorized by Section 307.1 of this title, together pursuant to a
158	157		videoconference utilizing electronic means. Meeting shall not
159	158		include informal gatherings of a majority of the members of the
160	159		public body when no business of the public body is discussed;
161	160		3. “Regularly scheduled meeting ” means a meeting at which the
162	161		regular business of the public body is c onducted;
163	162		4. “Special meeting” means any meeting of a public body other
164	163		than a regularly scheduled meeting or emergency meeting;
165		-	5. “Emergency meeting” means any meeting called for the purpose
166		-	of dealing with an emergency including but not limited to a p ublic
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	190	+	5. “Emergency meeting” means any meeting called for the purpose
	191	+	of dealing with an emergency including but not limited to a p ublic
194	192		health emergency. For purposes of the Oklahoma Open Meeting Act, an
195	193		emergency is defined as “emergency” means a situation involving
196	194		injury to persons or injury and damage to public or personal
197	195		property or immediate financial loss when the time requi rements for
198	196		public notice of a special meeting would make such procedure
199	197		impractical and increase the likelihood of injury or damage or
200	198		immediate financial l oss;
201	199		6. “Continued or reconvened meeting ” means a meeting which is
202	200		assembled for the purpose of fi nishing business appearing on an
203	201		agenda of a previous meeting. For the purposes of the Oklahoma Open
204	202		Meeting Act, only matters on the agenda of the previous meeting at
205	203		which the announcement of the continuance is made may be discussed
206	204		at a continued or re convened meeting;
207	205		7. “Videoconference” “Public health emergency ” means an
208	206		occurrence of imminent threat of an illness or health condition that
209	207		poses a high probability of a large number of deaths or serious or
210	208		long-term disabilities in the affected popula tion, or widespread
211	209		exposure to an infectious or toxic agent that poses a significant
212	210		risk of harm to a large number of people in the affected population,
213	211		for which the Governor or an elected official or officials of a
214	212		political subdivision are authorized by law to declare an emergency;
215	213		and
216		-	8. “Electronic means” means a conference among method of
217		-	linking members of a public body remote from one another who are
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219		-	SENATE FLOOR VERSION - HB2108 SFLR Page 5
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	240	+	8. “Electronic means” means a conference among method of
	241	+	linking members of a public body remote from one another who are
245	242		linked by interactive telecommunication devices or technology and/or
246	243		or other technology permitting both visual and auditory
247	244		communication between and among members of the public body and/or
248	245		and between and among members of the public body and members of the
249	246		public. During any videoconference meeting conducted utilizing
250	247		electronic means, both the visual and auditory communications
251	248		functions shall attempt to be utilized ; and
252	249		8. “Teleconference” means a conference among members of a
253	250		public body remote fro m one another who are linked by
254	251		telecommunication devices and/or technology permitting auditory
255	252		communication between and among members of the public body and/or
256	253		between and among members of the public body and members of the
257	254		public.
258	255		SECTION 2. AMENDATORY 25 O.S. 2021, Section 307.1, as
259	256		amended by Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2022,
260	257		Section 307.1), is amended to read as follows:
261	258		Section 307.1. A. Except as provided in subsections C and D of
262	259		this section, a A public body may hold meetings by videoconference
263	260		utilizing electronic means where each member of the public body is
264	261		visible and audible to each other and the public through a video
265	262		monitor, subject to the following:
266		-	1. a. except as provided for in subparagraph subparagraphs b
267		-	and c of this paragraph, no less than a quorum of the
268		-	public body shall be present in person at the physical
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	289	+	1. a. except as provided for in subparagraph subparagraphs b
	290	+	and c of this paragraph, no less than a quorum of the
	291	+	public body shall be present in person at the physical
296	292		meeting site as posted on the meeting notice and
297	293		agenda,
298	294		b. a virtual charter school approved and sponsored by the
299	295		Statewide Virtual Charter School Board pursuant to the
300	296		provisions of Section 3 -145.3 of Title 70 of the
301	297		Oklahoma Statutes shall maintain a quorum of members
302	298		for the entire duration of the meeting wheth er using
303	299		an in-person site, videoconference sites electronic
304	300		means, or any combination of such sites to achieve a
305	301		quorum, and
306	302		c. the board of a community action agency established
307	303		pursuant to Sections 5035 through 5040 of Title 74 of
308	304		the Oklahoma Statutes shall maintain a quorum of
309	305		members for the entire duration of the meeting whether
310	306		using an in-person site, electronic means, or any
311	307		combination of such sites to achieve a quorum, and
312	308		d. each public meeting held by videoconference or
313	309		teleconference utilizing electronic means shall be
314	310		recorded either by written, electron ic, or other
315	311		means;
316		-	2. The meeting notice and a genda prepared in advance of the
317		-	meeting, as required by law, shall indicate if the meeting will
318		-	include videoconferencing electronic locations and shall state:
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	338	+	2. The meeting notice and agenda prepared in advance of the
	339	+	meeting, as required by law, shall indicate if the meeting will
	340	+	include videoconferencing electronic locations and shall state:
346	341		a. the location, address, and website or link, or
347	342		telephone number of each available videoconference
348	343		physical or electronic site, if applicable, and
349	344		b. the identity of each member of the public body and the
350	345		specific physical or electroni c site from which each
351	346		member of the body shall be physically or
352	347		electronically present and participating in the
353	348		meeting; and
354	349		3. After the meeting notice and agenda are prepared and posted ,
355	350		as required by law, no member of the public body shall be allowed to
356	351		participate in the meeting from any location other than the sp ecific
357	352		location posted on the agenda in advance of the meeting;
358	353		4. In order to allow the public the maximum opportunity to
359	354		attend and observe each public official carrying out the duties of
360	355		the public official, a member or members of a public body desirin g
361	356		to participate in a meeting by videoconference shall participate in
362	357		the videoconference from a site and room located within the district
363	358		or political subdivision from which they are electe d, appointed, or
364	359		are sworn to represent;
365	360		5. Each site and room wh ere a member of the public body is
366	361		present for a meeting by videoconference shall be open and
367		-	accessible to the public, and the public shall be allowed into that
368		-	site and room. Public bodie s may provide additional videoconference
369		-	sites as a convenience to the public, but additional sites shall not
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	388	+	accessible to the public, and the public shall be allowed into that
	389	+	site and room. Public bodie s may provide additional videoconference
	390	+	sites as a convenience to the public, but additional sites shall not
397	391		be used to exclude or discourage public attendance at any
398	392		videoconference site;
399	393		6. The public shall be allowed to participate and speak, as
400	394		allowed by rule or policy set by the public body, in a meeting at
401	395		the videoconference site in the same manner and to the same extent
402	396		as the public is allowed to participate or speak at the site of the
403	397		meeting;
404	398		7. Any materials shared electronically between mem bers of the
405	399		public body, before or during the videoconference, sha ll also be
406	400		immediately available to the public in the same form and manner as
407	401		shared with members of the public body; and
408	402		8. All votes occurring during any meeting conducted using
409	403		videoconferencing shall occur and be recorded by roll call vote by
410	404		electronic means unless such remote participation was specifically
411	405		authorized in the meeting notice .
412	406		B. Except as provided for in subsection E of this section, no
413	407		public body shall conduct an execu tive session by videoconference.
414	408		C. Upon the effective date of th is act and until February 15,
415	409		2022, or until thirty (30) days after the expiration or termination
416	410		of the state of emergency declared by the Governor to respond to the
417	411		threat of COVID-19 to the people of this state and the public ’s
418		-	peace, health and safety, whichever date first occurs, the
419		-	provisions of this subsection and subsection D shall operate as law
420		-	in this state.
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	438	+	peace, health and safety, whichever date first occurs, the
	439	+	provisions of this subsection and subsection D shall operate as law
	440	+	in this state.
448	441		1. A public body may hold meetings by teleconference or
449	442		videoconference if each member of the public body is audible or
450	443		visible to each other and the public, subject to electronic means
451	444		without a quorum at a physical location open to the public in the
452	445		following circumstances:
453	446		a. for a
454	447		1. Any meeting conducted by a virtual charter school approved
455	448		and sponsored by the Statewide Virtual Charte r School Board pursuant
456	449		to the provisions of the Oklahoma Statutes , the;
457	450		2. Any meeting conducted by t he board of a community action
458	451		agency established pursuant to Sections 5035 through 5040 of Title
459	452		74 of the Oklahoma Statutes;
460	453		3. During a declared stat e of emergency in which the public
461	454		body is unable to utilize the physical meeting location. A state of
462	455		emergency declared by an elected official or officials of a
463	456		political subdivision as authorized by law shall not be a sufficient
464	457		reason to suspend the u se of a physical location open to the public
465	458		for more than three (3) consecutive meetings unless a state of
466	459		emergency covering the political subdivision is concurrently
467	460		declared by the Governor; or
468		-	4. If the physical location designated on the meeting not ice
469		-	has become unsafe or otherwise inaccessible to the members of the
470		-	public body and the public due to circumstances including but not
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	487	+	4. If the physical location designated on the meeting not ice
	488	+	has become unsafe or otherwise inaccessible to the members of the
	489	+	public body and the public due to circumstances including but not
498	490		limited to a gas leak, electrical failure, or structural damage to
499	491		the physical location.
500	492		The public body shall maintain a quorum of members for the entire
501	493		duration of the meeting whether using an in -person site,
502	494		teleconference, or videoconference electronic means, or any
503	495		combination of such sites to achieve a quorum, and
504	496		b. if the meeting is held using either teleconferenc e or
505	497		videoconference capabilities, and at any time the
506	498		audio connection is disconnected, the meeting shall be
507	499		stopped and reconvened once the audio connection is
508	500		restored;
509	501		2. The meeting notice and agenda prepared in advance of the
510	502		meeting, as required by law, shall indicate if the meeting will
511	503		include teleconferencing or videoconferencing and shall also state:
512	504		a. each public body member appearing remotely and the
513	505		method of each member ’s remote appearance, and
514	506		b. the identity of the public body member or m embers who
515	507		will be physically present at the meeting site, if
516	508		any;
517	509		3. After the meeting notice and agenda are prepared and posted
518	510		as required by law, public body members shall not be permitted to
519		-	alter their method of attendance; provided, however, those members
520		-	who were identified as appearing remotel y may be permitted to
521		-	physically appear at the meeting site, if any, for the meeting;
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	537	+	alter their method of attendance; provided, however, those members
	538	+	who were identified as appearing remotely may be permitted to
	539	+	physically appear at the meeting site, if any, for the meeting;
549	540		4. The public body shall be allowed to participate and speak,
550	541		as allowed by rule or policy set by the public body, in a m eeting
551	542		which utilizes teleconference or videoconference in the same manner
552	543		and to the same extent as the public is allowed to participate or
553	544		speak during a meetin g where all public body members are physically
554	545		present together at the meeting site;
555	546		5. Any documents or other materials provided to members of the
556	547		public body or shared electronically between members of the public
557	548		body during a meeting utilizing teleconf erencing or
558	549		videoconferencing shall also be immediately available to the public
559	550		on the website of the public body, if the public body maintains a
560	551		website; and
561	552		6. All votes occurring during any meeting utilizing
562	553		teleconference or videoconference shall occu r and be recorded by
563	554		roll call votes.
564	555		D. Public bodies are permitted to conduct an executive session
565	556		by teleconference or videoconference. For such executive sessions,
566	557		no public body member is required to be physically present so long
567	558		as each public body member is audible or visible to each other. The
568	559		meeting notice and agenda prepared in advanc e of the meeting as
569	560		required by law shall indicate if the executive session will include
570		-	teleconferencing or videoconferencing and shall also state the
571		-	identity of each public body member appearing remotely, the method
572		-	of each member’s remote appearance, a nd whether any member will be
573	561
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	587	+	teleconferencing or videoconferencing and shall also state the
	588	+	identity of each public body member appearing remotely, the method
	589	+	of each member’s remote appearance, a nd whether any member will be
600	590		physically present at the meeting site, if any, for the executive
601	591		session.
602	592		E. C. The Oklahoma Tax Commission may conduct executive
603	593		sessions with the taxpayer at issue attending using videoconference
604	594		technology electronic means to discuss confidential taxpayer matters
605	595		as provided for in Section 205 of Title 68 of the Oklahoma Statutes.
606	596		During executive sessions, the Commission is requ ired to be
607	597		physically present while taxpayers may appear using videoconference
608	598		technology electronic means. The technology selected and utilized
609	599		by the Commission shall ensure taxpayer confidentiality including
610	600		compliance with safeguards as provided for i n Internal Revenue
611	601		Service Publication 1075.
612	602		SECTION 3. NEW LAW A new section of law to be codified
613	603		in the Oklahoma Statutes as Section 307.2 of Title 25, unless there
614	604		is created a duplication in numbering, reads as follows:
615	605		A. A public body may conduct regular and special meetings
616	606		utilizing electronic means subject to the following requirements:
617	607		1. A quorum of members must be physically present in the
618	608		physical meeting location of the public body as provided in the
619	609		meeting notice; provided, however, a public body may conduct an
620	610		emergency meeting utilizing electronic means w ithout a quorum
621		-	present at the physical location pursuant to Section 307.1 of Title
622		-	25 of the Oklahoma Statutes;
623	611
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	637	+	present at the physical location pursuant to Section 307.1 of Title
	638	+	25 of the Oklahoma Statutes;
650	639		2. No member of a public body may participate in a regular or
651	640		special meeting utilizing electronic means for more than one -fourth
652	641		(1/4) of such meetings in a rolling one -year period;
653	642		3. A member of a public body participating in a meeting
654	643		utilizing electronic means shall be confirmed by audio or visual
655	644		affirmation to the public to be the actual member of the governing
656	645		body and may only particip ate from a fixed physical location;
657	646		4. Documents or other materials provided to members of the
658	647		public body or shared electronically between members of the public
659	648		body during a meeting utilizing electronic means shall be made
660	649		immediately available to the p ublic on the website of the public
661	650		body if the public body maintains a website, or through distribution
662	651		or viewing on the site streaming the meeting;
663	652		5. The public shall be allowed to participate in meetings
664	653		conducted utilizing electronic means to the ext ent such
665	654		participation is consistent with current law or adopted rules or
666	655		policy of the public body;
667	656		6. All votes occurring during any meeting by members u tilizing
668	657		electronic means shall be recorded by roll call vote with visual and
669	658		auditory confirmation of the member casting the vote;
670	659		7. Recordings of the meetings conducted through electronic
671	660		means shall be maintained by the public body until minutes of th e
672		-	proceedings are open to public inspection , including but not limited
673	661
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	687	+	proceedings are open to public inspection , including but not limited
700	688		to posting on a website of th e public body, as required by Section
701	689		312 of Title 25 of the Oklahoma Statutes; and
702	690		8. A member of a public body participating in a meeting by
703	691		electronic means may participate in executive sessions of the public
704	692		body provided all notice and agen da requirements for the member’s
705	693		remote participation have been met.
706	694		B. To the extent practicable, if a public body maintains a
707	695		website, has dedicated information technology employees, and has
708	696		immediate access to a high -speed internet connection, meetings shall
709	697		be streamed live on the public body ’s website, made available by
710	698		telephonic means, or video of the meeting shall be made available
711	699		through an alternative website. Video of such meetings shall be
712	700		maintained by the public body and available to the pu blic for a
713	701		period of at least seven (7) business days after the adoption of the
714	702		meeting minutes. The provisions of th is subsection shall not apply
715	703		if a public body determines that the implementation of this
716	704		subsection would create a significant financial burden to the public
717	705		body.
718	706		C. Meetings held without a physical meeting place open to the
719	707		public shall be streamed or otherwise made available to the public
720	708		at no charge by utilizing electronic means, the website of the
721	709		public body, the internet, or any other free subscription digital
722	710		service or application.
723	711
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750	737		D. No private electronic communications concerning public
751	738		business may occur between members of the public body during a
752	739		public meeting.
753	740		E. A public body that makes a good faith effort to comply wit h
754	741		the provisions of this section shall be immune from liability for
755	742		court costs and attorney fees in a civil action brought for a
756	743		violation of the requirements of this section.
757	744		SECTION 4. This act shall become effective November 1, 2023.
758		-	~~COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY~~
759		-	~~April~~ 4, 2023 ~~- DO PASS AS AMENDED BY CS~~
	745	+
	746	+	59-1-2068 TEK 4/4/2023 4:03:20 PM