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SENATE FLOOR VERSION
April 4, 2023
COMMITTEE SUBSTITUTE
FOR 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. 2 021, Section 304, as
amended by Section 1, Chapter 123, O.S.L. 2022 (25 O.S. Su pp. 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 counties in this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, auth orities, councils, committees, public
trusts or any entity created by a public trust including any
committee or subcommittee composed of any of the members of a public
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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 funds 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:
a. the state judiciary,
b. the Council on Judicial Complaints when conducting,
discussing, or deliberating any matter relating to a
complaint received or filed with the Counc il,
c. the Legislature, or
d. administrative staffs of public bodies including, but
not limited to, faculty meetings and athletic staff
meetings of institutions of higher education when
those staffs are not meeting with the public body, or
entry-year assistance committees. Furthermore, public
body shall not include the,
e. multidisciplinary teams provi ded for in Section 1 -9-
102 of Title 10A of the Oklahoma Statutes, in Section
2 10-115 of this act Title 43A of the Oklahoma
Statutes, and in subsection C of Section 1-502.2 of
Title 63 of the Oklahoma Stat utes or any school board
meeting for the sole purpo se of considering
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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,
f. meetings conducted by stewards designated by the
Oklahoma Horse Racing Commission pursuant to Section
203.4 of Title 3A of the Oklahoma Statutes when the
stewards are officiating at races or otherwise
enforcing rules of the Commission. Furthermore,
public body shall not include, or
g. the board of directors of a Fede rally Qualified Health
Center;
2. “Meeting” means the conduct of business of a public body by
a majority of its members being personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference utilizing electronic means. Meeting shall not
include informal gatherings of a majority of the members of the
public body when no business of the public body is discussed;
3. “Regularly scheduled meeting ” means a meeting at which the
regular business of the public body is c onducted;
4. “Special meeting” means any meeting of a public body other
than a regularly scheduled meeting or emergency meeting;
5. “Emergency meeting” means any meeting called for the purpose
of dealing with an emergency including but not limited to a p ublic
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health emergency. For purposes of the Oklahoma Open Meeting Act, an
emergency is defined as “emergency” means a situation involving
injury to persons or injury and damage to public or personal
property or immediate financial loss when the time requi rements for
public notice of a special meeting would make such procedure
impractical and increase the likelihood of injury or damage or
immediate financial l oss;
6. “Continued or reconvened meeting ” means a meeting which is
assembled for the purpose of fi nishing business appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of the contin uance is made may be discussed
at a continued or re convened meeting;
7. “Videoconference” “Public health emergency ” means an
occurrence of imminent threat of an illness or health condition that
poses a high probability of a large number of deaths or serio us or
long-term disabilities in the affected popula tion, or widespread
exposure to an infectious or toxic agent that poses a significant
risk of harm to a large number of people in the affected population,
for which the Governor or an elected official or o fficials of a
political subdivision are authorized by law to declare an emergency;
and
8. “Electronic means” means a conference among method of
linking members of a public body remote from one another who are
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linked by interactive telecommunication device s or technology and/or
or other technology permitting both visual and auditory
communication between and among members of the public body and/or
and between and among members of the public body and members of the
public. During any videoconference meeting conducted utilizing
electronic means, both the visual and auditory communications
functions shall attempt to be utilized ; and
8. “Teleconference” means a conference among members of a
public body remote fro m 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. 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 follows:
Section 307.1. A. Except as provided in subsections C and D of
this section, a A public body may hold meetings by videoconference
utilizing electronic means where each member of the public body is
visible and audible to each other and the public through a video
monitor, subject 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
public body shall be present in person at the physical
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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 wheth er using
an in-person site, videoconference sites electronic
means, or any combination of such sites to achieve a
quorum, and
c. the board of a community action agency established
pursuant to Sections 5035 through 5040 of 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, electro nic means, or any
combination of such sites to achieve a quorum, and
d. each public meeting held by videoconference or
teleconference utilizing electronic means shall be
recorded either by written, electron ic, or other
means;
2. The meeting notice and a genda prepared in advance of the
meeting, as required by law, shall indicate if the meeting will
include videoconferencing electronic locations and shall state:
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a. the location, address, and website or link, or
telephone number of each available videoconference
physical or electronic site, if applicable, and
b. the identity of each member of the public body and the
specific physical or electroni c site from which each
member of the body shall be physically or
electronically present and participating in the
meeting; and
3. After the meeting notice and agenda are prepared and posted ,
as required by law, no member of the public body shall be allowed to
participate in the meeting from any location other than the sp ecific
location posted on the agenda in advance of the meeting;
4. In order to allow the public the maximum opportunity to
attend and observe each public official carrying out the duties of
the public official, a member or members of a public body desirin g
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 electe d, appointed, or
are sworn to represent;
5. Each site and room wh ere 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 bodie s may provide additional videoconference
sites as a convenience to the public, but additional sites shall not
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be used to exclude or discourage public attendance at any
videoconference site;
6. The public shall be allowed to participate and speak, as
allowed by rule or policy set by the public body, in a meeting at
the videoconference site in the same manner and to th e same extent
as the public is allowed to participate or speak at the site of the
meeting;
7. Any materials shared electronically between mem bers of the
public body, before or during the videoconference, sha ll also be
immediately available to the public i n 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 by
electronic means unless such remote participation was sp ecifically
authorized in the meeting notice .
B. Except as provided for in subsection E of this section, no
public body shall conduct an execu tive session by videoconference.
C. Upon the effective date of th is act and until February 15,
2022, or until thirty (30) days 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 this state and the public ’s
peace, health and safety, whichever date first occurs, the
provisions of this subsection and subsection D shall operate as law
in this state.
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1. A public body may hold meetings by teleconference or
videoconference if each member of the public body is audible or
visible to each other and the public, subject to electronic means
without a quorum at a physical location open to the public in the
following circumstances:
a. for a
1. Any meeting conducted by a virtual charter school approved
and sponsored by the Statewide Virtual Charte r School Board pursuant
to the provisions of the Oklahoma Statutes, the;
2. Any meeting conducted by t he board of a community action
agency established pursuant to Sections 5035 through 5040 of Title
74 of the Oklahoma Statutes;
3. During a declared stat e of emergency in which the public
body is unable to utilize the physical meeting location. A state of
emergency declared by an elected official or officials of a
political subdivision as authorized by law shall not be a sufficient
reason to suspend the u se of a physical location open to the public
for more than three (3) consecutive meetings unless a state of
emergency covering the political subdivision is concurrently
declared by the Governor; or
4. If the physical location designated on the meeting not ice
has become unsafe or otherwise inaccessible to the members of the
public body and the public due to circumstances including but not
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limited to a gas leak, electrical failure, or structural damage to
the physical location.
The public body shall maintain a quorum of members for the entire
duration of the meeting whether using an in-person site,
teleconference, or videoconference electronic means, or any
combination of such sites to achieve a quorum, and
b. if the meeting is held using either teleconferenc e or
videoconference capabilities, and at any ti me the
audio connection is disconnected, the meeting shall 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 member or m embers who
will be physically present at the mee ting site, if
any;
3. After the meeting notice and agenda are prepared and posted
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 meeting;
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4. The public body shall be allowed to participate and speak,
as allowed by rule or policy set by the public body, in a m eeting
which utilizes teleconference or videocon ference in the same manner
and to the same extent as the public is allowed to participate or
speak during a meetin g 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 members of the public
body during a meeting utilizing teleconf erencing 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 meeting utilizing
teleconference or videoconference shall occu r and be recorded by
roll call votes.
D. Public bodies are permitted to conduct an executive session
by teleconference or videoconference. F or such executive sessions,
no public body member is required 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 advanc e of the meeting as
required by law shall indica te if the executive session will include
teleconferencing or videoconferencing and shall also state the
identity of each public body member appearing remotely, the method
of each member’s remote appearance, a nd whether any member will be
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physically present at the meeting site, if any, for the executive
session.
E. C. The Oklahoma Tax Commission may conduct executive
sessions with the taxpayer at issue attending using videoconference
technology electronic means to discuss confidential taxpayer matters
as provided for in Section 205 of Title 68 of the Oklahoma Statutes.
During executive sessions, the Commission is requ ired to be
physically present while taxpayers may appear using videoconference
technology electronic means. The technology selected and utili zed
by the Commission shall ensure taxpayer confidentiality including
compliance with safeguards as provided for i n Internal Revenue
Service Publication 1075.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 307.2 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. A public body may conduct regular and special meetings
utilizing electronic means subject to the following requirements:
1. A quorum of members must be physically present in the
physical meeting location of the public body as provided in the
meeting notice; provided, however, a public body may conduct an
emergency meeting utilizing electronic means w ithout a quorum
present at the physical location pursuant to Section 307.1 of Title
25 of the Oklahoma Statutes;
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2. No member of a public body may participate in a regular or
special meeting utilizing electronic means for more than one -fourth
(1/4) of such meetings in a rolling one -year period;
3. A member of a public body participating in a meeting
utilizing electronic means shall be confirmed by audio or visual
affirmation to the public to be the actual member of the governing
body and may only particip ate from a fixed physical location;
4. Documents or other materials provided to members of the
public body or shared electronically between members of the public
body during a meeting utilizing electronic means shall be made
immediately available to the p ublic on the website of the public
body if the public body maintains a website, or through distribution
or viewing on the site streaming the meeting;
5. The public shall be allowed to participate in meetings
conducted utilizing electronic means to the ext ent such
participation is consistent with curren t law or adopted rules or
policy of the public body;
6. All votes occurring during any meeting by members u tilizing
electronic means shall be recorded by roll call vote with visual and
auditory confirmation of the member casting the vote;
7. Recordings of the meetings conducted through electronic
means shall be maintained by the public body until minutes of th e
proceedings are open to public inspection , including but not limited
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to posting on a website of th e public body, as required by Section
312 of Title 25 of the Oklahoma Statutes; and
8. A member of a public body participating in a meeting by
electronic means may participate in executive sessions of the public
body provided all notice and agen da requirements for the member’s
remote participation have been met.
B. To the extent practicable, if a public body maintains a
website, has dedicated information technology employees, and has
immediate access to a high -speed internet connection, meetings shall
be streamed live on the public body ’s website, made available by
telephonic means, or video of the meeting shall be made available
through an alternative website. Video of such meetings shall be
maintained by the public body and available to the pu blic for a
period of at least seven (7) business days afte r the adoption of the
meeting minutes. The provisions of th is subsection shall not apply
if a public body determines that the implementation of this
subsection would create a significant financial burden to the public
body.
C. Meetings held without a phy sical meeting place open to the
public shall be streamed or otherwise made available to the public
at no charge by utilizing electronic means, the website of the
public body, the internet, or any other free subscription digital
service or application.
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D. No private electronic communications concerning public
business may occur between members of the public body during a
public meeting.
E. A public body that makes a good faith effort to comply wit h
the provisions of this section shall be immune from liabil ity for
court costs and attorney fees in a civil action brought for a
violation of the requirements of this section.
SECTION 4. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 4, 2023 - DO PASS AS AMENDED BY CS