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ENGROSSED SENATE
BILL NO. 491 By: Guthrie of the Senate
and
Hildebrant of the House
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Section 307, as last amended
by Section 3, Chapter 180, O.S.L. 2024 (25 O.S. Supp.
2024, Section 307), which relates to executive
sessions; authorizing executive session for
discussion of certain sale, lease, or acquisition;
limiting parties allowed to participate in executive
session for certain purposes; updating statutory
reference; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 307, as last
amended by Section 3, Chapter 180, O.S.L. 2024 (25 O.S. Supp. 2024,
Section 307), is amended to read as follows:
Section 307. A. No public body shall hold executive sessions
unless otherwise specifically provided in this section.
B. Executive sessions of public bodies will be permitted only
for the purpose of:
1. Discussing the employmen t, hiring, appointment, pr omotion,
demotion, disciplining or resignation of any individual salaried
public officer or employee;
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2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the sale, purchase, lease, acquisition, or
appraisal of real property by the public body;
4. Confidential communications between a public body and its
attorney concerning a pending investigation, claim, or action if the
public body, with the advice of its attorney, determines th at
disclosure will serious ly impair the ability of the public body to
process the claim or conduct a pending investigation, litigation, or
proceeding in the public interest;
5. Permitting district boards of education to hear evidence and
discuss the expulsion or suspension of a student when requested by
the student involved or the student ’s parent, attorney or legal
guardian;
6. Discussing matters involving a specific disabled child;
7. Discussing any matter where disclosure of information would
violate confidentiality requiremen ts of state or federal law;
8. Engaging in deliberations or rendering a final or
intermediate decision in an individual proceeding pursuant to
Article II of the Administrative Procedures Act;
9. Discussing matters involving safe ty and security at state
penal institutions or correctional facilities used to house state
inmates;
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10. Discussing contract negotiations involving contracts
requiring approval of the State Board of Corrections, which shall be
limited to members of the pub lic body, the attorney for the public
body, and the immediate staff of the public body. No person who may
profit directly or indirectly by a proposed transaction which is
under consideration may be present or participate in the executive
session;
11. Discussing the following:
a. the investigation of a plan or scheme to commit an act
of terrorism,
b. assessments of the vulnerability of government
facilities or public improvements to an act of
terrorism,
c. plans for deterrence or prevention of or protectio n
from an act of terrorism ,
d. plans for response or remediation after an act of
terrorism,
e. information technology of the public body but only if
the discussion specifically identifies:
(1) design or functional schematics that demonstrate
the relationship or connections between devices
or systems,
(2) system configuration information,
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(3) security monitoring and response equipment
placement and configuration,
(4) specific location or placement of systems,
components or devices,
(5) system identification numbers, names, or
connecting circuits,
(6) business continuity and disaster planning, or
response plans, or
(7) investigation information directly related to
security penetrations or denial of services,
f. the investigation of an act of terrorism that has
already been committed, or
g. for the purposes of this paragraph, the term
“terrorism” means any act encompassed by the
definitions set forth in Section 1268.1 of Title 21 of
the Oklahoma Statutes; or
12. Reviewing and discussing mental health documents related to
a licensee under investigation or review by a professional licensing
board if:
a. the executive session is held only to review or
discuss mental health documents directly related to
the licensee or to receive testimony from relevant
witnesses as necessary for the board to make a
determination in the matter,
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b. the documents reviewed or discussed are kept
confidential, privileged and not discoverable in civil
actions, and not made available to the public, and
c. the licensee is given the opportuni ty to be present
during any witness testimony or discussion of the
mental health documents.
C. Notwithstanding the provisions of subsection B of this
section, the following public bodies may hold executive sessions:
1. The Banking Board, as provided for under Section 306.1 of
Title 6 of the Oklahoma Statutes;
2. The Oklahoma Industrial Finance Authority, as provided for
in Section 854 of Title 74 of the Oklahoma Statutes;
3. The Oklahoma Development Finance Authority, as provided for
in Section 5062.6 of Title 74 of the Oklahoma Statutes;
4. The Oklahoma Center for the Advancement of Science and
Technology, as provided for in Section 5060.7 of Title 74 of the
Oklahoma Statutes;
5. The Oklahoma Health Research Committee for purposes of
conferring on matters pertaining to research and development of
products, if public disclosure of the matter discussed would
interfere with the development of patents, copyrights, products, or
services;
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6. The Oklahoma Workers ’ Compensation Commission for the
purposes provided for in Section 22 of Title 85A of the Oklahoma
Statutes;
7. A review committee, as provided for in Section 855 of Title
62 of the Oklahoma Statutes;
8. The Child Death Review Board for purposes of receiving and
conferring on matters pertaining to m aterials declared confidential
by law;
9. The Domestic Violence Fatality Review Board as provided in
Section 1601 of Title 22 of the Oklahoma Statutes;
10. The Opioid Overdose Fatality Review Board, as provided in
Section 2-1001 of Title 63 of the Oklaho ma Statutes;
11. All nonprofit foundations, boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts, task forces or study groups supported in whole or part by
public funds or entrusted with the expenditure of public funds for
purposes of conferring on matters pertaining to economic development
including the transfer of property, financing, or the creation of a
proposal to entice a business to remain or to locate within their
jurisdiction if public disclosure o f the matter discussed wou ld
interfere with the development of products or services or if public
disclosure would violate the confidentiality of the business;
12. The Oklahoma Indigent Defense System Board for purposes of
discussing negotiating strategies in connection with making possible
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counteroffers to offers to contract to provide legal representation
to indigent criminal defendants and indigent juveniles in cases for
which the System must provide representation pursuant to the
provisions of the Indig ent Defense Act;
13. The Quality Investment Committee for purposes of discussing
applications and confidential materials pursuant to the terms of the
Oklahoma Quality Investment Act;
14. The Oklahoma Municipal Power Authority established pursuant
to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
in its role as an electric utility regulated by the federal
government, for purposes of discussing security plans and procedures
including, but not limited to, cybersecurity matters;
15. The Oklahoma Tax Commission for pu rposes of discussing
confidential taxpayer matters as provided in Section 205 of Title 68
of the Oklahoma Statutes, and in compliance with subsection E of
this section; and
16. The Sexual Assault Forensic Evidence (SAFE) Board as
provided in Section 1 143 of this act Title 21 of the Oklahoma
Statutes.
D. Except as otherwise specified in this subsection, an
executive session for the purpose of discussing the sale, purchase,
lease, acquisition, or appraisal of real property shall b e limited
to members of the public body, the attorney for the public body and
the immediate staff of the public body. No landowner, real estate
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salesperson, broker, developer or any other person who may profit
directly or indirectly by a proposed transact ion concerning real
property which is under consideration may be present or participate
in the executive session, unless they are operating under an
existing agreement to represent the public body.
E. No public body may go into an executive session unless the
following procedures are strictly complied with:
1. The proposed executive session is noted on the agenda as
provided in Section 311 of this title;
2. The executive session is authorized by a majority vote of a
quorum of the members present and the vote is a recorded vote; and
3. Except for matters considered in executive sessions of the
Banking Board and the Oklahoma Tax Commission, and which are
required by state or federal law to be confidential, any vote or
action on any item of business conside red in an executive sessio n
shall be taken in public meeting with the vote of each member
publicly cast and recorded.
F. A willful violation of the provisions of this section shall:
1. Subject each member of the public body to criminal sanctions
as provided in Section 314 of this title; and
2. Cause the minutes and all other records of the executive
session including tape recordings, to be immediately made public.
SECTION 2. This act shall become effective November 1, 2025.
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Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives