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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 564 By: Guthrie
AS INTRODUCED
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Sections 304, as last amended
by Section 3, Chapter 237, O.S.L. 2024, and 307, as
last amended by Section 3, Chapter 180, O.S.L. 2024
(25 O.S. Supp. 2024, Sections 304 and 307), which
relate to definitions and executive sessions; adding
Judicial Nominating Commission to definition of
public body; establishing purposes for permissible
executive sessions; 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 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 boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts or any entity created by a publ ic trust including any
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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
Oklahoma Statutes, task forces or study groups in this state
supported in whole or in part by public funds o r 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 include the Judicial Nominating Commission.
Public body shall not include the state judiciary, the Council on
Judicial Complaints when conducting, discussing, or deliberating any
matter relating to a complaint received or filed with the Council,
the Legislature, or administrative staffs of public bodies
including, but not limited to, facu lty 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. Further more, public body shall not include the
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 re commendations of a multidisciplinary team
and deciding the placement of any child who is the subject of the
recommendations. Furthermore, public body shall not include
meetings conducted by stewards designated by the Oklahoma Horse
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Racing Commission pursuant to Section 203.4 of Title 3A of the
Oklahoma Statutes when the stewards are officiating at races or
otherwise enforcing rules of the Commission. Furthermore, public
body shall not include the board of directors of a Federally
Qualified Health Center o r the postadjudication review boards
provided for in Sections 1116.2 and 1116.3 of Title 10 of the
Oklahoma Statutes;
2. “Meeting” means the conduct of business of a public body 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 busines s 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 emergen cy meeting;
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 loss when the time requirements for p ublic
notice of a special meeting would make such procedure impractical
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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 meet ing;
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 technology permitting
both visual and auditory communication between and among members of
the public body and/or between and among members of the public body
and members of the public. During any videoconference, both the
visual and auditory communication s 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
telecommunication devices and/or technology permitting auditory
communication between and among m embers of the public body and/or
between and among members of the public body and members of the
public.
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SECTION 2. 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 employment, hiring, appointment, promotion,
demotion, disciplining or resignation of any individual salaried
public officer or employee;
2. Discussing negotiations concerning employees and
representatives of employee groups;
3. Discussing the p urchase or appraisal of real property;
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 that
disclosure will seriousl y 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 stu dent when requested by
the student involved or the student ’s parent, attorney or legal
guardian;
6. Discussing matters involving a specific disabled child;
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7. Discussing any matter where disclosure of information would
violate confidentiality requirement s 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 safety and security at state
penal institutions or correctional facilities used to house state
inmates;
10. Discussing contract negotiations involving contracts
requiring approval of the State Board of Corrections, which shall be
limited to members of the public 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 protection
from an act of terrorism,
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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 d evices
or systems,
(2) system configuration information,
(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
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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,
b. the documents reviewed or discussed ar e kept
confidential, privileged and not discoverable in civil
actions, and not made available to the public, and
c. the licensee is given the opportunity 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, a s 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;
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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 wou ld
interfere with the development of patents, copyrights, products, or
services;
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 materials declared confident ial
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 Oklahoma 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
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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 of the matter discussed woul d
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
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 Indigent 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 pur poses 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
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16. The Sexual Assault Forensic Evidence (SAFE) Board as
provided in Section 1 143 of this act Title 21 of the Oklahoma
Statutes; and
17. The Judicial Nominatin g Commission for the purposes of
discussing the merits and qualifications of candidates for judicial
office to determine which candidates will be interviewed or solely
to meet with a candidate to discuss confidential information
relating to financial disclosure information or background checks.
Candidate interviews shall not be conducted in executive sessions
and Commissioners shall not vote or indicate how they intend to vote
in executive sessions.
D. Except as otherwise specified in this subsection, an
executive session for the purpose of discussing the purchase or
appraisal of real property shall be limited to members of the public
body, the attorney for the public body and th e immediate staff of
the public body. No landowner, real estate salesperson, broker,
developer or any other person who may profit directly or indirectly
by a proposed transaction concerning real property which is under
consideration may be present or part icipate 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:
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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 sess ions 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 considered in an executive session
shall be taken in public meeting with the vote of ea ch 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 record s of the executive
session including tape recordings, to be immediately made p ublic.
SECTION 3. This act shall become effective November 1, 2025.
60-1-1084 TEK 1/13/2025 4:42:40 PM