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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 467 By: Alvord
AS INTRODUCED
An Act relating to county commissioners; amending 19
O.S. 2021, Section 326, which relates to meetings of
the board of county commissione rs; making language
gender neutral; allowing for certain discussion in
certain circumstances; exempting certain discussions
from the Oklahoma Open Meeting Act; prohibiting
certain board from taking certain action; amending 25
O.S. 2021, Section 304, as las t amended by Section 3,
Chapter 237, O.S.L. 2024 (25 O.S. Supp. 2024, Section
304), which relates to the Oklahoma Open Meeting Act;
modifying definition; updating statutory language;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 326, is
amended to read as follows:
Section 326. A. In addition to the special sessions for
equalizing assessments, and all other special sessions now provide d
by law, the county commissioners shall meet and hold sessions for
the transaction of business in the county courthouse, at the county
seat, on or before the first Monday of each month, and may remain in
session as long as the public business may require, and the passing
upon, allowing or rejecting of bills against the county shall be
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taken up and passed upon by the board in the order in which the
claims have been filed, and in which order such claims must be
entered upon the calendar, except salary, wage and compensation
claims of officers and deputies and employees, which salary, wage
and compensation claims may be considered and paid, on or after the
termination of the service pay period; provided, that such claims by
subordinate deputies and employees b e first approved by the officer
having charge of the office or department. The board of county
commissioners may recess or adjourn its meetings within the session,
either from time to time or from day to day, or on call of the
chairman chair; but, if such board does not sooner adjourn its
session for any month, such session shall t erminate and be adjourned
by operation of law on the last business day of such month. If the
board shall have adjourned its session before the last business day
of any month, the county clerk shall have power to call special
sessions when the best interests of the county demand it, upon
giving five (5) days ’ notice of the time and object of calling the
commissioners together, by posting up notices in three public places
in the county, or by publication in some newspaper of general
circulation in the county ; provided, that in the case of a vacancy
in the office of county clerk, the chairman chair of the board shall
have power to call a special session for the purpose of filling suc h
vacancy.
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B. The board of county commissioners may meet at times and in
places within the county other than the county courthouse if it is
determined that such meetings are beneficial to the general public.
Such meetings shall be in compliance with the Oklahoma Open Meeting
Act.
C. County commissioners may discuss administrative ,
operational, and procedural matters of the board , even when a quorum
of the board is present, provided that the discussion d oes not
address the appropriation of county funds , except as provided for in
subsection F of this section, and the board takes no official
action. Such discussion shall not be subject to the provisions of
the Oklahoma Open Meeting Act. Such discussion shall be limited to:
1. The scheduling of agenda item s to be set before the board of
county commissioners for an emergency, regular , or special meeting;
2. Public and media statements;
3. Organizational structure;
4. Internal processes;
5. Staffing needs; and
6. The receipt of reports from county employ ees.
D. County commissioners may conduct regular meetings with
county employees which discuss the management of the county. Such
meetings shall not be subject to the provisions of the Oklahoma Open
Meeting Act.
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E. Any number of county commissioners may attend and
participate in conferences ; training; and educational, press, and
social events, even if a quorum is present at such event. The
county commissioners may discuss the business of the county at such
event, provided that the board takes no official action.
F. In counties that have a county budget board as provided in
Section 1407 of this title, county commissioners and other elected
officials of the county may discuss budgetary matters, provided that
a quorum of the county budget board is not prese nt and the board
takes no official action.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 304, as last
amended by Section 3, Chapter 237, O.S.L. 2024 (25 O.S. Supp. 2024,
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 b oards, bureaus, commissions,
agencies, trusteeships, authorities, councils, co mmittees, 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 rec eiving 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
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supported in whole or in part by public funds or entrusted with the
expending of public fund s, or administering public property, and
shall include all committees or subco mmittees 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 Council,
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 provided for in Section 1 -9-
102 of Title 10A of the Oklahoma Statutes, in Section
10-115 of 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 purpose of considering 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 ,
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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 officia ting at races or otherwise
enforcing rules of the Commission . Furthermore,
public body shall not include ,
g. the board of directors of a Federally Qualified Health
Center or the postadjudication review boards provided
for in Sections 1116.2 and 1116.3 of Title 10 of the
Oklahoma Statutes, or
h. boards of county commissioners for the purposes set
forth in Section 326 of Title 19 of the Oklahoma
Statutes;
2. “Meeting” means the conduct of business of a public body by
a majority of its members being personal ly 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 business of the
public body is discussed;
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 emergency meeting;
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5. “Emergency meeting” means any meeting called for the purpose
of dealing with an emergency. For purposes of the Oklahoma Open
Meeting Act, an emergency is defined as a situation involving injury
to persons or injury and damage to public or personal property or
immediate financial los s when the time requirements for public
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
6. “Continued or reconvened meeting ” means a meeting which is
assembled for the purpose of finishing 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 continuance is made may be discussed
at a continued or reconvened meeting;
7. “Videoconference” means a conference among members of a
public body remote from one another who are linked by interactive
telecommunication devices or technology , and/or or technology
permitting both visual and au ditory communication between and among
members of the public body and/or or between and among members of
the public body and members of the public. During any
videoconference, both the visual and auditory communications
functions shall attempt to be utili zed; 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 or technology permitting auditory
communication between and among members of the public body and/or or
between and among members of the public body and members of the
public.
SECTION 3. This act shall become effective November 1, 2025.
60-1-799 MSBB 1/8/2025 6:15:49 PM