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SENATE FLOOR VERSION
February 13, 2024
SENATE BILL NO. 1736 By: Weaver
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Section 304, as amended by
Section 1, Chapter 123 , O.S.L. 2022 (25 O.S. Supp.
2023, Section 304), which r elates to definitions;
modifying definition; and declaring an emergency .
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. 2023,
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 sta te 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
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2007 of Title 62 of the
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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 mat ter relating to a
complaint received or filed with the Coun cil,
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 Statutes or any school board
meeting for the sole purpo se of considering
recommendations of a multidisciplinary team and
deciding the placement of any child who is the subject
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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 Stat utes when the
stewards are officiating at races or otherwise
enforcing rules of the Commission. Furthermore,
public body shall not include ,
g. the board of directors of a Fede rally Qualified Health
Center, or
h. the State Council for Interstate Juvenile Supervision
established pursuant to Section 2-9-116 of Title 10A
of the Oklahoma Statutes ;
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 public body is conducted;
4. “Special meeting” means any meeting of a public body other
than a regularly scheduled meeting or eme rgency meeting;
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5. “Emergency meeting” means any meeting called for the purpose
of dealing with an emergency. For purposes of the Oklah oma Open
Meeting Act, an emerge ncy is defined as a situatio n involving injury
to persons or injury and damage to publi c or personal property or
immediate financial loss when the time requirements for pub lic
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or d amage or immediate
financial loss;
6. “Continued or reconvened meeting” means a meeting whic h is
assembled for the purpose of finishing busines s appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Op en
Meeting Act, only matters on the agenda of the previous m eeting at
which the announcement of the continuance is made m ay be discussed
at a continued or reconvened meetin g;
7. “Videoconference” means a conference among members of a
public body remote fr om one another who are linke d by interactive
telecommunication devices or technology and/or technology permitting
both visual and auditory communication between and among m embers 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
visual and auditory commun ications functions shall attempt to be
utilized; and
8. “Teleconference” means a conference among members of a
public body remote from one another who are linked by
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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 an d members of the
public.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall ta ke effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 13, 2024 - DO PASS