34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 1736 By: Weaver of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Lawson of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to the Oklahoma Open Meeting Act; |
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46 | 39 | | amending 25 O.S. 2021, Section 304, as amended by |
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47 | 40 | | Section 1, Chapter 123, O.S.L. 2022 (25 O.S. Supp. |
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48 | 41 | | 2023, Section 304), which relates to definitions; |
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49 | 42 | | modifying definition; and declaring an emergency . |
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51 | 44 | | |
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54 | 47 | | |
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55 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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56 | 49 | | SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, as |
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57 | 50 | | amended by Section 1, Chapter 123 , O.S.L. 2022 (25 O.S. Supp. 2023, |
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58 | 51 | | Section 304), is amended to read as follows: |
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59 | 52 | | Section 304. As used in the Oklahoma Open Meeting Act: |
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60 | 53 | | 1. “Public body” means the governing bodies of all |
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61 | 54 | | municipalities located within this state, boards of county |
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62 | 55 | | commissioners of the counties in this state, boards of public and |
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63 | 56 | | higher education in this sta te and all boards, bureaus, commissions, |
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64 | 57 | | agencies, trusteeships, authorities, councils, committees, public |
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65 | 58 | | trusts or any entity created by a public trust including any |
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96 | 88 | | Oklahoma Statutes, task forces or study groups in this s tate |
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97 | 89 | | supported in whole or in part by public funds or entrusted with the |
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98 | 90 | | expending of public funds, or administering public property, and |
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99 | 91 | | shall include all committees or subcommittees of any public body. |
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100 | 92 | | Public body shall not include : |
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101 | 93 | | a. the state judiciary, |
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102 | 94 | | b. the Council on Judicial Complaints when conducting, |
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103 | 95 | | discussing, or deliberating any matter relating to a |
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104 | 96 | | complaint received or filed with the Council, |
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105 | 97 | | c. the Legislature, or |
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106 | 98 | | d. administrative staffs of public bodies including , but |
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107 | 99 | | not limited to, faculty meetings and athletic staff |
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108 | 100 | | meetings of institutions of higher education when |
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109 | 101 | | those staffs are not meeting with the public body, or |
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110 | 102 | | entry-year assistance committees . Furthermore, public |
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111 | 103 | | body shall not include the , |
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112 | 104 | | e. multidisciplinary teams provided for in Section 1-9- |
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113 | 105 | | 102 of Title 10A of the Oklahoma Statutes, in Section |
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114 | 106 | | 2 10-115 of this act Title 43A of the Oklahoma |
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115 | 107 | | Statutes, and in subsection C of Section 1 -502.2 of |
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116 | 108 | | Title 63 of the Oklahoma Statutes or any school board |
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147 | 138 | | of the recommendations . Furthermore, public body |
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148 | 139 | | shall not include, |
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149 | 140 | | f. meetings conducted by stewards designated by the |
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150 | 141 | | Oklahoma Horse Racing Commission pursuant to Section |
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151 | 142 | | 203.4 of Title 3A of the Oklahoma Statutes when the |
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152 | 143 | | stewards are officiating at races or otherwise |
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153 | 144 | | enforcing rules of the Commission . Furthermore, |
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154 | 145 | | public body shall not include , |
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155 | 146 | | g. the board of directors of a Federally Qualified Health |
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156 | 147 | | Center, or |
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157 | 148 | | h. the State Council for Interstate Juvenile Supervision |
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158 | 149 | | established pursuant to Section 2 -9-116 of Title 10A |
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159 | 150 | | of the Oklahoma Statutes ; |
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160 | 151 | | 2. “Meeting” means the conduct of business of a public body by |
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161 | 152 | | a majority of its members be ing personally together or, as |
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162 | 153 | | authorized by Section 307.1 of this title, together pursuant to a |
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163 | 154 | | videoconference. Meeting shall not include informal gatherings of a |
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164 | 155 | | majority of the members of the public body when no business of the |
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165 | 156 | | public body is discusse d; |
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166 | 157 | | 3. “Regularly scheduled meeting ” means a meeting at which the |
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167 | 158 | | regular business of the public body is conducted; |
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197 | 187 | | 5. “Emergency meeting” means any meeting called for the purpose |
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198 | 188 | | of dealing with an emergency. For purposes of the Oklahoma Open |
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199 | 189 | | Meeting Act, an emergency is defined as a situation involving injury |
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200 | 190 | | to persons or injury and damage to public or personal property or |
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201 | 191 | | immediate financial loss when the time requirements for public |
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202 | 192 | | notice of a special meeting would make such procedure impractical |
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203 | 193 | | and increase the likelihood of injury or damage or immediate |
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204 | 194 | | financial loss; |
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205 | 195 | | 6. “Continued or reconvened meeting ” means a meeting which i s |
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206 | 196 | | assembled for the purpose of finishing business appearing on an |
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207 | 197 | | agenda of a previous meeting. For the purposes of the Oklahoma Open |
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208 | 198 | | Meeting Act, only matters on the agenda of the previous meeting at |
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209 | 199 | | which the announcement of the continuance is made may be discussed |
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210 | 200 | | at a continued or reconvened meeting; |
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211 | 201 | | 7. “Videoconference” means a conference among members of a |
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212 | 202 | | public body remote from one another who are linked by interactive |
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213 | 203 | | telecommunication devices or technology and/or technology permitting |
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214 | 204 | | both visual and auditory communication between and among members of |
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215 | 205 | | the public body and/or between and among members of the public body |
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216 | 206 | | and members of the public. During any videoconference, both the |
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217 | 207 | | visual and auditory communications functions shall attempt to be |
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218 | 208 | | utilized; and |
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248 | 237 | | telecommunication devices and/or technology permitting auditory |
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249 | 238 | | communication between and among members of the public body and/or |
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250 | 239 | | between and among members of the public body and members of the |
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251 | 240 | | public. |
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252 | 241 | | SECTION 2. It being immediately necessary for the preservation |
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253 | 242 | | of the public peace, health or safety, an emergency is hereby |
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254 | 243 | | declared to exist, by reason whereof this act shall take effect and |
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255 | 244 | | be in full force from and after its passage and approval. |
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