1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1055 By: Kidd |
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6| AS INTRODUCED |
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7| An Act relating to the Oklahoma Open Meeting Act; |
| amending 25 O.S. 2021, Section 307.1, as amended by |
8| Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp. |
| 2022, Section 307.1), which relates to |
9| videoconferences and teleconferences; removing |
| expired language; authorizing public bodies to |
10| conduct meetings by videoconference; providing an |
| effective date; and declaring an emergency. |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, as |
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15|amended by Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2022, |
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16|Section 307.1), is amended to read as follows: |
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17| Section 307.1. A. Except as provided in subsections C and D of |
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18|this section, a A public body may hold meetings by videoconference |
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19|where each member of the public body is visible and audible to each |
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20|other and the public through a video monitor, subject to the |
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21|following: |
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22| 1. a. except as provided for in subparagraph b of this |
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23| paragraph, no less than a quorum of the public body |
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1| shall be present in person at the meeting site as |
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2| posted on the meeting notice and agenda, |
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3| b. a virtual charter school approved and sponsored by |
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4| the Statewide Virtual Charter School Board pursuant to |
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5| the provisions of Section 3-145.3 of Title 70 of the |
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6| Oklahoma Statutes shall maintain a quorum of members |
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7| for the entire duration of the meeting whether using |
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8| an in-person site, videoconference sites or any |
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9| combination of such sites to achieve a quorum, and |
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10| c. each public meeting held by videoconference or |
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11| teleconference shall be recorded either by written, |
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12| electronic, or other means; |
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13| 2. The meeting notice and agenda prepared in advance of the |
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14|meeting, as required by law, shall indicate if the meeting will |
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15|include videoconferencing locations and shall state: |
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16| a. the location, address, and telephone number of each |
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17| available videoconference site, and |
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18| b. the identity of each member of the public body and |
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19| the specific site from which each member of the body |
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20| shall be physically present and participating in the |
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21| meeting; |
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22| 3. After the meeting notice and agenda are prepared and posted, |
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23|as required by law, no member of the public body shall be allowed to |
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1|participate in the meeting from any location other than the specific |
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2|location posted on the agenda in advance of the meeting; |
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3| 4. In order to allow the public the maximum opportunity to |
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4|attend and observe each public official carrying out the duties of |
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5|the public official, a member or members of a public body desiring |
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6|to participate in a meeting by videoconference shall participate in |
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7|the videoconference from a site and room located within the district |
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8|or political subdivision from which they are elected, appointed, or |
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9|are sworn to represent; |
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10| 5. Each site and room where a member of the public body is |
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11|present for a meeting by videoconference shall be open and |
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12|accessible to the public, and the public shall be allowed into that |
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13|site and room. Public bodies may provide additional videoconference |
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14|sites as a convenience to the public, but additional sites shall not |
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15|be used to exclude or discourage public attendance at any |
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16|videoconference site; |
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17| 6. The public shall be allowed to participate and speak, as |
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18|allowed by rule or policy set by the public body, in a meeting at |
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19|the videoconference site in the same manner and to the same extent |
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20|as the public is allowed to participate or speak at the site of the |
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21|meeting; |
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22| 7. Any materials shared electronically between members of the |
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23|public body, before or during the videoconference, shall also be |
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1|immediately available to the public in the same form and manner as |
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2|shared with members of the public body; and |
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3| 8. All votes occurring during any meeting conducted using |
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4|videoconferencing shall occur and be recorded by roll call vote. |
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5| B. Except as provided for in subsection E C of this section, no |
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6|public body shall conduct an executive session by videoconference. |
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7| C. Upon the effective date of this act and until February 15, |
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8|2022, or until thirty (30) days after the expiration or termination |
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9|of the state of emergency declared by the Governor to respond to the |
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10|threat of COVID-19 to the people of this state and the public's |
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11|peace, health and safety, whichever date first occurs, the |
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12|provisions of this subsection and subsection D shall operate as law |
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13|in this state. |
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14| 1. A public body may hold meetings by teleconference or |
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15|videoconference if each member of the public body is audible or |
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16|visible to each other and the public, subject to the following: |
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17| a. for a virtual charter school approved and sponsored |
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18| by the Statewide Virtual Charter School Board pursuant |
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19| to the provisions of the Oklahoma Statutes, the public |
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20| body shall maintain a quorum of members for the entire |
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21| duration of the meeting whether using an in-person |
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22| site, teleconference, or videoconference or any |
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23| combination of such sites to achieve a quorum, and |
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1| b. if the meeting is held using either teleconference or |
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2| videoconference capabilities, and at any time the |
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3| audio connection is disconnected, the meeting shall be |
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4| stopped and reconvened once the audio connection is |
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5| restored; |
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6| 2. The meeting notice and agenda prepared in advance of the |
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7|meeting, as required by law, shall indicate if the meeting will |
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8|include teleconferencing or videoconferencing and shall also state: |
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9| a. each public body member appearing remotely and the |
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10| method of each member's remote appearance, and |
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11| b. the identity of the public body member or members who |
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12| will be physically present at the meeting site, if |
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13| any; |
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14| 3. After the meeting notice and agenda are prepared and posted |
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15|as required by law, public body members shall not be permitted to |
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16|alter their method of attendance; provided, however, those members |
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17|who were identified as appearing remotely may be permitted to |
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18|physically appear at the meeting site, if any, for the meeting; |
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19| 4. The public body shall be allowed to participate and speak, |
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20|as allowed by rule or policy set by the public body, in a meeting |
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21|which utilizes teleconference or videoconference in the same manner |
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22|and to the same extent as the public is allowed to participate or |
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23|speak during a meeting where all public body members are physically |
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24|present together at the meeting site; |
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1| 5. Any documents or other materials provided to members of the |
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2|public body or shared electronically between members of the public |
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3|body during a meeting utilizing teleconferencing or |
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4|videoconferencing shall also be immediately available to the public |
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5|on the website of the public body, if the public body maintains a |
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6|website; and |
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7| 6. All votes occurring during any meeting utilizing |
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8|teleconference or videoconference shall occur and be recorded by |
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9|roll call votes. |
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10| D. Public bodies are permitted to conduct an executive session |
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11|by teleconference or videoconference. For such executive sessions, |
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12|no public body member is required to be physically present so long |
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13|as each public body member is audible or visible to each other. The |
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14|meeting notice and agenda prepared in advance of the meeting as |
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15|required by law shall indicate if the executive session will include |
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16|teleconferencing or videoconferencing and shall also state the |
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17|identity of each public body member appearing remotely, the method |
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18|of each member's remote appearance, and whether any member will be |
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19|physically present at the meeting site, if any, for the executive |
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20|session. |
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21| E. The Oklahoma Tax Commission may conduct executive sessions |
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22|with the taxpayer at issue attending using videoconference |
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23|technology to discuss confidential taxpayer matters as provided for |
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24|in Section 205 of Title 68 of the Oklahoma Statutes. During |
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1|executive sessions, the Commission is required to be physically |
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2|present while taxpayers may appear using videoconference technology. |
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3| The technology selected and utilized by the Commission shall ensure |
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4|taxpayer confidentiality including compliance with safeguards as |
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5|provided for in Internal Revenue Service Publication 1075. |
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6| SECTION 2. This act shall become effective July 1, 2023. |
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7| SECTION 3. It being immediately necessary for the preservation |
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8|of the public peace, health or safety, an emergency is hereby |
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9|declared to exist, by reason whereof this act shall take effect and |
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10|be in full force from and after its passage and approval. |
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12| 59-1-459 TEK 1/19/2023 4:27:31 PM |
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