1| STATE OF OKLAHOMA |
| |
2| 2nd Session of the 58th Legislature (2022) |
| |
3|CONFERENCE COMMITTEE |
|SUBSTITUTE |
4|FOR ENGROSSED |
|HOUSE BILL NO. 3415 By: Pae and Phillips of the |
5| House |
| |
6| and |
| |
7| Howard of the Senate |
| |
8| |
| |
9| |
| |
10| |
| |
11| CONFERENCE COMMITTEE SUBSTITUTE |
| |
12| An Act relating to the Oklahoma Open Meeting Act; |
| amending 25 O.S. 2021, Sections 304 and 307.1, which |
13| relate to authorized methods for conducting meetings; |
| modifying definitions; modifying provisions related |
14| to videoconferences; prescribing procedures related |
| to the conduct of meetings by electronic methods; |
15| providing certain exceptions; prohibiting certain |
| electronic communications during public meetings; |
16| prescribing procedures related to videoconferences or |
| teleconferences; providing for emergency |
17| declarations; providing for streaming of proceedings; |
| requiring retention of records; and providing an |
18| effective date. |
| |
19| |
| |
20| |
| |
21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
22| SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, is |
| |
23|amended to read as follows: |
| |
24| Section 304. As used in the Oklahoma Open Meeting Act: |
| |
arsid14224768 House Action _________________ Date _________ Page 1
___________________________________________________________________________
1| 1. "Public body" means the governing bodies of all |
| |
2|municipalities located within this state, boards of county |
| |
3|commissioners of the counties in this state, boards of public and |
| |
4|higher education in this state and all boards, bureaus, commissions, |
| |
5|agencies, trusteeships, authorities, councils, committees, public |
| |
6|trusts or any entity created by a public trust, including any |
| |
7|committee or subcommittee composed of any of the members of a public |
| |
8|trust or other legal entity receiving funds from the Rural Economic |
| |
9|Action Plan Fund as authorized by Section 2007 of Title 62 of the |
| |
10|Oklahoma Statutes, task forces or study groups in this state |
| |
11|supported in whole or in part by public funds or entrusted with the |
| |
12|expending of public funds, or administering public property, and |
| |
13|shall include all committees or subcommittees of any public body. |
| |
14|Public body shall not include the state judiciary, the Council on |
| |
15|Judicial Complaints when conducting, discussing, or deliberating any |
| |
16|matter relating to a complaint received or filed with the Council, |
| |
17|the Legislature, or administrative staffs of public bodies, |
| |
18|including, but not limited to, faculty meetings and athletic staff |
| |
19|meetings of institutions of higher education when those staffs are |
| |
20|not meeting with the public body, or entry-year assistance |
| |
21|committees. Furthermore, public body shall not include the |
| |
22|multidisciplinary teams provided for in Section 1-9-102 of Title 10A |
| |
23|of the Oklahoma Statutes and subsection C of Section 1-502.2 of |
| |
24|Title 63 of the Oklahoma Statutes or any school board meeting for |
| |
arsid14224768 House Action _________________ Date _________ Page 2
___________________________________________________________________________
1|the sole purpose of considering recommendations of a |
| |
2|multidisciplinary team and deciding the placement of any child who |
| |
3|is the subject of the recommendations. Furthermore, public body |
| |
4|shall not include meetings conducted by stewards designated by the |
| |
5|Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title |
| |
6|3A of the Oklahoma Statutes when the stewards are officiating at |
| |
7|races or otherwise enforcing rules of the Commission. Furthermore, |
| |
8|public body shall not include the board of directors of a Federally |
| |
9|Qualified Health Center; |
| |
10| 2. "Meeting" means the conduct of business of a public body by |
| |
11|a majority of its members being personally together or, as |
| |
12|authorized by Section 307.1 of this title, together pursuant to a |
| |
13|videoconference. Meeting shall not include informal gatherings of a |
| |
14|majority of the members of the public body when no business of the |
| |
15|public body is discussed; |
| |
16| 3. "Regularly scheduled meeting" means a meeting at which the |
| |
17|regular business of the public body is conducted; |
| |
18| 4. "Special meeting" means any meeting of a public body other |
| |
19|than a regularly scheduled meeting or emergency meeting; |
| |
20| 5. "Emergency meeting" means any meeting called for the purpose |
| |
21|of dealing with an emergency. For purposes of the Oklahoma Open |
| |
22|Meeting Act, an emergency is defined as a situation involving injury |
| |
23|to persons or injury and damage to public or personal property or |
| |
24|immediate financial loss when the time requirements for public |
| |
arsid14224768 House Action _________________ Date _________ Page 3
___________________________________________________________________________
1|notice of a special meeting would make such procedure impractical |
| |
2|and increase the likelihood of injury or damage or immediate |
| |
3|financial loss or a public health emergency; |
| |
4| 6. "Continued or reconvened meeting" means a meeting which is |
| |
5|assembled for the purpose of finishing business appearing on an |
| |
6|agenda of a previous meeting. For the purposes of the Oklahoma Open |
| |
7|Meeting Act, only matters on the agenda of the previous meeting at |
| |
8|which the announcement of the continuance is made may be discussed |
| |
9|at a continued or reconvened meeting; |
| |
10| 7. "Public health emergency" means a situation where the |
| |
11|circumstances lead state or local elected officials, as applicable |
| |
12|in this act, to determine a risk of substantial death or harm to the |
| |
13|human population of the state or a particular applicable political |
| |
14|subdivision; |
| |
15| 8. "Videoconference" means a conference among members of a |
| |
16|public body remote from one another who are linked by interactive |
| |
17|telecommunication devices or technology and/or technology permitting |
| |
18|both visual and auditory communication between and among members of |
| |
19|the public body and/or between and among members of the public body |
| |
20|and members of the public. During any videoconference, both the |
| |
21|visual and auditory communications functions shall attempt to be |
| |
22|utilized; and |
| |
23| 8. 9. "Teleconference" means a conference among members of a |
| |
24|public body remote from one another who are linked by |
| |
arsid14224768 House Action _________________ Date _________ Page 4
___________________________________________________________________________
1|telecommunication devices and/or technology permitting auditory |
| |
2|communication between and among members of the public body and/or |
| |
3|between and among members of the public body and members of the |
| |
4|public. |
| |
5| SECTION 2. AMENDATORY 25 O.S. 2021, Section 307.1, is |
| |
6|amended to read as follows: |
| |
7| Section 307.1 A. Except as provided in subsections C and D of |
| |
8|this section, a A public body may hold meetings and executive |
| |
9|sessions by videoconference or teleconference during a lawfully |
| |
10|called emergency meeting where each member of the public body is |
| |
11|visible and audible to each other and the public through a video |
| |
12|monitor may participate in the meetings electronically, subject to |
| |
13|the following: |
| |
14| 1. a. except as provided for in subparagraph b of this |
| |
15| paragraph, no less than a quorum of the public body |
| |
16| shall be present in person at the meeting site as |
| |
17| posted on the meeting notice and agenda, |
| |
18| b. a virtual charter school approved and sponsored by |
| |
19| the Statewide Virtual Charter School Board pursuant to |
| |
20| the provisions of Section 3-145.3 of Title 70 of the |
| |
21| Oklahoma Statutes Public bodies shall maintain a |
| |
22| quorum of members for the entire duration of the |
| |
23| meeting whether using an in-person site, |
| |
24| videoconference sites or any combination of such sites |
| |
arsid14224768 House Action _________________ Date _________ Page 5
___________________________________________________________________________
1| to achieve a quorum;. Members participating remotely |
| |
2| may do so from any fixed location, and the meeting |
| |
3| shall be open to the public. With the exception of |
| |
4| those communications made pursuant to a lawfully |
| |
5| convened executive session, no private electronic |
| |
6| communications concerning public business may occur |
| |
7| during a public meeting by members of the governing |
| |
8| body, and |
| |
9| c. b. each Each public meeting held by videoconference or |
| |
10| teleconference in compliance with this section shall |
| |
11| be recorded either by written, electronic, or other |
| |
12| means have minutes prepared in compliance with state |
| |
13| and local law; |
| |
14| 2. The meeting notice and agenda prepared in advance of the |
| |
15|meeting, as required by law, shall indicate if the meeting will may |
| |
16|include videoconferencing locations electronic or in-person |
| |
17|participation and shall state: |
| |
18| a. the location, address, and telephone number of each |
| |
19| available videoconference site, and |
| |
20| b. the identity of each member of the public body and |
| |
21| the specific site from which each member of the body |
| |
22| shall be physically present and participating in the |
| |
23| meeting and/or electronic source that may be utilized |
| |
24| to access the meeting; |
| |
arsid14224768 House Action _________________ Date _________ Page 6
___________________________________________________________________________
1| 3. After the meeting notice and agenda are prepared and posted, |
| |
2|as required by law, no member of the public body shall be allowed to |
| |
3|participate in the meeting from any location other than the specific |
| |
4|location posted on the agenda in advance of the meeting; |
| |
5| 4. In order to allow the public the maximum opportunity to |
| |
6|attend and observe each public official carrying out the duties of |
| |
7|the public official, a member or members of a public body desiring |
| |
8|to participate in a meeting by videoconference shall participate in |
| |
9|the videoconference from a site and room located within the district |
| |
10|or political subdivision from which they are elected, appointed, or |
| |
11|are sworn to represent; |
| |
12| 5. Each site and room where a member of the public body is |
| |
13|present for a meeting by videoconference shall be open and |
| |
14|accessible to the public, and the public shall be allowed into that |
| |
15|site and room. Public bodies may provide additional videoconference |
| |
16|sites as a convenience to the public, but additional sites shall not |
| |
17|be used to exclude or discourage public attendance at any |
| |
18|videoconference site; |
| |
19| 6. 3. The public shall be allowed to participate and speak, as |
| |
20|allowed by at meetings held by videoconference or teleconference to |
| |
21|the extent such participation is consistent with a previously |
| |
22|adopted rule or policy set by the public body, in a meeting at the |
| |
23|videoconference site in the same manner and to the same extent as |
| |
24| |
| |
arsid14224768 House Action _________________ Date _________ Page 7
___________________________________________________________________________
1|the public is allowed to participate or speak at the site of the |
| |
2|meeting; |
| |
3| 7. 4. Any materials shared electronically between members of |
| |
4|the public body, before or during the videoconference a public |
| |
5|meeting, shall also be immediately made available to the public in |
| |
6|the same form and manner as shared with members of the public body; |
| |
7|and |
| |
8| 8. 5. All votes occurring during any meeting conducted using |
| |
9|videoconferencing electronic means shall occur and be recorded by |
| |
10|roll call vote; |
| |
11| 6. Meetings held by videoconference or teleconference |
| |
12|authorized under this section may occur without an in-person meeting |
| |
13|conducted and the meetings must occur during a state of emergency |
| |
14|declared by the Governor to respond to the threat of the public's |
| |
15|peace, health, and safety, or during a locally declared state of |
| |
16|emergency declared by a mayor or chairman of a board of county |
| |
17|commissioners whereby such locally declared state of emergency shall |
| |
18|not continue for more than thirty (30) days without ratification of |
| |
19|the respective public body; |
| |
20| 7. Public bodies are permitted to conduct an executive session |
| |
21|by teleconference or videoconference to the extent a quorum is |
| |
22|present in compliance with the provisions of this act; and |
| |
23| 8. To the extent practicable, if a public body maintains a |
| |
24|website, has dedicated information technology employees, and has |
| |
arsid14224768 House Action _________________ Date _________ Page 8
___________________________________________________________________________
1|immediate access to a high-speed Internet connection, such meetings |
| |
2|of the public body shall be streamed live on a website, or video of |
| |
3|the meeting made available through an alternative website that is |
| |
4|linked from the public body's website. Video of such meetings shall |
| |
5|be maintained by the public body and available to the public until |
| |
6|minutes are made available for inspection by the public as required |
| |
7|by Section 312 of this title. Videos created under this paragraph |
| |
8|are subject to the retention requirements included herein and are |
| |
9|not subject to any other record or retention statute. The |
| |
10|provisions of this paragraph shall not apply if there exists, or if |
| |
11|a governing body determines, the implementation of this paragraph |
| |
12|creates a significant financial burden. |
| |
13| B. No public body shall conduct an executive session by |
| |
14|videoconference. |
| |
15| C. Upon the effective date of this act and until February 15, |
| |
16|2022, or until thirty (30) days after the expiration or termination |
| |
17|of the state of emergency declared by the Governor to respond to the |
| |
18|threat of COVID-19 to the people of this state and the public's |
| |
19|peace, health and safety, whichever date first occurs, the |
| |
20|provisions of this subsection and subsection D shall operate as law |
| |
21|in this state. |
| |
22| 1. A public body may hold meetings by teleconference or |
| |
23|videoconference if each member of the public body is audible or |
| |
24|visible to each other and the public, subject to the following: |
| |
arsid14224768 House Action _________________ Date _________ Page 9
___________________________________________________________________________
1| a. for a virtual charter school approved and sponsored |
| |
2| by the Statewide Virtual Charter School Board pursuant |
| |
3| to the provisions of the Oklahoma Statutes, the public |
| |
4| body shall maintain a quorum of members for the entire |
| |
5| duration of the meeting whether using an in-person |
| |
6| site, teleconference, or videoconference or any |
| |
7| combination of such sites to achieve a quorum, and |
| |
8| b. if the meeting is held using either teleconference or |
| |
9| videoconference capabilities, and at any time the |
| |
10| audio connection is disconnected, the meeting shall be |
| |
11| stopped and reconvened once the audio connection is |
| |
12| restored; |
| |
13| 2. The meeting notice and agenda prepared in advance of the |
| |
14|meeting, as required by law, shall indicate if the meeting will |
| |
15|include teleconferencing or videoconferencing and shall also state: |
| |
16| a. each public body member appearing remotely and the |
| |
17| method of each member's remote appearance, and |
| |
18| b. the identity of the public body member or members who |
| |
19| will be physically present at the meeting site, if |
| |
20| any; |
| |
21| 3. After the meeting notice and agenda are prepared and posted |
| |
22|as required by law, public body members shall not be permitted to |
| |
23|alter their method of attendance; provided, however, those members |
| |
24| |
| |
arsid14224768 House Action _________________ Date _________ Page 10
___________________________________________________________________________
1|who were identified as appearing remotely may be permitted to |
| |
2|physically appear at the meeting site, if any, for the meeting; |
| |
3| 4. The public body shall be allowed to participate and speak, |
| |
4|as allowed by rule or policy set by the public body, in a meeting |
| |
5|which utilizes teleconference or videoconference in the same manner |
| |
6|and to the same extent as the public is allowed to participate or |
| |
7|speak during a meeting where all public body members are physically |
| |
8|present together at the meeting site; |
| |
9| 5. Any documents or other materials provided to members of the |
| |
10|public body or shared electronically between members of the public |
| |
11|body during a meeting utilizing teleconferencing or |
| |
12|videoconferencing shall also be immediately available to the public |
| |
13|on the website of the public body, if the public body maintains a |
| |
14|website; and |
| |
15| 6. All votes occurring during any meeting utilizing |
| |
16|teleconference or videoconference shall occur and be recorded by |
| |
17|roll call votes. |
| |
18| D. Public bodies are permitted to conduct an executive session |
| |
19|by teleconference or videoconference. For such executive sessions, |
| |
20|no public body member is required to be physically present so long |
| |
21|as each public body member is audible or visible to each other. The |
| |
22|meeting notice and agenda prepared in advance of the meeting as |
| |
23|required by law shall indicate if the executive session will include |
| |
24|teleconferencing or videoconferencing and shall also state the |
| |
arsid14224768 House Action _________________ Date _________ Page 11
___________________________________________________________________________
1|identity of each public body member appearing remotely, the method |
| |
2|of each member's remote appearance, and whether any member will be |
| |
3|physically present at the meeting site, if any, for the executive |
| |
4|session. |
| |
5| SECTION 3. This act shall become effective November 1, 2022. |
| |
6| |
| |
7| 58-2-11579 MAH 05/17/22 |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
arsid14224768 House Action _________________ Date _________ Page 12