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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 761 By: Howard
AS INTRODUCED
An Act relating to public meetings; amending 25 O.S.
2021, Section 304, as amended by Section 1, Chapter
123, O.S.L. 2022 (25 O.S. Su pp. 2022, Section 304),
which relates to definitions used in the Oklahoma
Open Meeting Act; defining term of public health
emergency; establishing requirements under which a
public body may conduct meetings an d executive
sessions utilizing di gital means; requiring
alternative means be used to make meetings available
to the public under certain condi tions; exempting
governing bodies under certain conditions; clarifying
no charge to the public; permitting partici pation by
the public in meetings; prohibiting certain private
electronic communications; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
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 w ithin this state, boards of county
commissioners of the countie s in this state, boards of pub lic and
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higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
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 Council,
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 Oklahom a Statutes
or any school board meeting for th e sole purpose of considerin g
recommendations of a multidisciplinary team and deciding the
placement of any child who is the subject of the recommendations.
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Furthermore, public body shall not include meetings c onducted by
stewards designated by the Oklaho ma Horse Racing Commission p ursuant
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 shal l not include the
board of directors of a Fed erally Qualified Health Cent er;
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 purs uant 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 t he public 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 purpose s of the Oklahoma 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 m ake such procedure impractical
and increase the likelihood of injury or d amage or immediate
financial loss;
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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 meeting at
which the announcement of the continuance is made m ay be discussed
at a continued or reconvened meetin g;
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 significant harm to the
human population of the s tate or particular applicable political
subdivision. A locally declared state of emergency declared by a
mayor or chairman of a board of county commissioners shall not
continue for more than thirty ( 30) days with ratification of the
respective public body, unless such s tate of emergency is
concurrently declared by the Governor of the State of Oklahoma
covering the applicab le political subdivision ;
8. “Videoconference” means a conference among mem bers 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
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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 an d members of the
public.
SECTION 2. 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. Public bodies, unless specificall y exempted, may conduct
meetings and executive sessions utilizing digital means subject to
the following requirements:
1. No public official may be counted as present if
participating utilizing digital means for more th an one-fourth (1/4)
of regular or special meetings in a rolling one (1) year period ;
2. A quorum of members must be physically present in the
regular meeting location of the public body ;
3. 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 fixed location ;
4. Documents provided digitally during a meeting utilizing
electronic means shall be made available in accordance with the
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lawfully adopted policy of the governing board and open records
requirements;
5. Any governing body making a good faith eff ort to comply with
the provisions of this section shall be immune from liability for
any attorney’s fees connected with l itigation for a failure to
comply with this section ;
6. Minutes shall be prepared in compliance with state and local
law as applicable to public meetings ; and
7. Notwithstanding the provisions of paragraph 1 of this
section, a governing body may hold a meeti ng utilizing digital means
without a quorum at the physical location during an emergency
meeting called for the purpose of dealing with the s tate of
emergency.
B. To the extent practicable, if a public body maintain s a
website, has dedicated information technology employees, and has
immediate access to a high -speed internet connection, meetings held
without a physical meeting place open to the public shall 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 sh all be maintained by the public body and
available to the public for a period of at least seven (7) business
days after the meetings become official as r equired by Section 312
of Title 25 of the Oklahoma Statutes. Recordings created under this
subsection are subject t o the retention requirements included herein
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and are not subject to any other record o r retention statute. The
provisions of the subsection shall not apply if there exists, or if
a governing body determines, the impl ementation of this subsection
creates a significant financial bur den.
C. Meetings held without a physical meeting plac e open to the
public shall be streamed or otherwise made available to the public
at no charge by util izing digital means, the public body ’s website,
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 pla ce open 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 meeting amongst members of the governing
body.
SECTION 4. This act shall become ef fective November 1, 2023.
59-1-63 TEK 1/18/2023 8:52:29 PM