Bill Text For SB0644 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 644                      By: Prieto                        |
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 5|                            AS INTRODUCED                              |
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 6|       An Act relating to public participation at public               |
  |       meetings; amending 25 O.S. 2021, Section 311, which             |
 7|       relates to notice of meetings of public bodies;                 |
  |       clarifying right of members of the public to exercise           |
 8|       First Amendment rights at public meetings; allowing             |
  |       certain time limitations; prohibiting law enforcement           |
 9|       officers or entities from taking certain actions;               |
  |       amending 70 O.S. 2021, Section 5-118, which relates             |
10|       to meetings of school boards; clarifying right of               |
  |       members of the public to exercise First Amendment               |
11|       rights at public meetings; allowing certain time                |
  |       limitations; prohibiting law enforcement officers or            |
12|       entities from taking certain actions; updating                  |
  |       statutory references; and providing an effective                |
13|       date.                                                           |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     25 O.S. 2021, Section 311, is        |
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17|amended to read as follows:                                            |
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18|    Section 311.  A.  Notwithstanding any other provisions of law,     |
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19|all regularly scheduled, continued or reconvened, special or           |
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20|emergency meetings of public bodies shall be preceded by public        |
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21|notice as follows:                                                     |
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22|    1.  All public bodies shall give notice in writing by December     |
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23|15 of each calendar year of the schedule showing the date, time and    |
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24|                                                                       |
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   Req. No. 666                                                    Page 1
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 1|place of the regularly scheduled meetings of such public bodies for    |
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 2|the following calendar year;                                           |
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 3|    2.  All state public bodies including, but not limited to,         |
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 4|public trusts and other bodies with the state as beneficiary, shall    |
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 5|give such notice to the Secretary of State;                            |
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 6|    3.  All county public bodies including, but not limited to,        |
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 7|public trusts and any other bodies with the county as beneficiary,     |
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 8|shall give such notice to the county clerk of the county wherein       |
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 9|they are principally located;                                          |
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10|    4.  All municipal public bodies including, but not limited to,     |
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11|public trusts and any other bodies with the municipality as            |
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12|beneficiary, shall give such notice to the municipal clerk of the      |
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13|municipality wherein they are principally located;                     |
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14|    5.  All multicounty, regional, areawide or district public         |
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15|bodies including, but not limited to, district boards of education,    |
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16|shall give such notice to the county clerk of the county wherein       |
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17|they are principally located, or if no office exists, to the county    |
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18|clerk of the county or counties served by such public body;            |
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19|    6.  All governing boards of state institutions of higher           |
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20|education, and committees and subcommittees thereof, shall give such   |
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21|notice to the Secretary of State.  All other public bodies covered     |
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22|by the provisions of the Oklahoma Open Meeting Act which exist under   |
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23|the auspices of a state institution of higher education, but a         |
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24|majority of whose members are not members of the institution's         |
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   Req. No. 666                                                    Page 2
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 1|governing board, shall give such notice to the county clerk of the     |
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 2|county wherein the institution is principally located;                 |
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 3|    7.  The Secretary of State and each county clerk or municipal      |
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 4|clerk shall keep a record of all notices received in a register open   |
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 5|to the public for inspection during regular office hours, and, in      |
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 6|addition, shall make known upon any request of any person the          |
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 7|contents of the register;                                              |
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 8|    8.  If any change is to be made of the date, time or place of      |
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 9|regularly scheduled meetings of public bodies, then notice in          |
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10|writing shall be given to the Secretary of State or county clerk or    |
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11|municipal clerk, as required herein, not less than ten (10) days       |
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12|prior to the implementation of any such change;                        |
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13|    9.  In addition to the advance public notice in writing required   |
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14|to be filed for regularly scheduled meetings, described in paragraph   |
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15|1 of this subsection, all public bodies shall, at least twenty-four    |
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16|(24) hours prior to such regularly scheduled meetings, display         |
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17|public notice of the meeting by at least one of the following          |
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18|methods:                                                               |
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19|         a.    by posting information that includes date, time,        |
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20|              place and agenda for the meeting in prominent public     |
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21|              view at the principal office of the public body or at    |
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22|              the location of the meeting if no office exists, or      |
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23|         b.    by posting on the public body's Internet website the    |
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24|              date, time, place and agenda for the meeting in          |
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   Req. No. 666                                                    Page 3
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 1|              accordance with Section 3106.2 of Title 74 of the        |
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 2|              Oklahoma Statutes.  Additionally, the public body        |
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 3|              shall offer and consistently maintain an email           |
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 4|              distribution system for distribution of such notice of   |
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 5|              a public meeting required by this subsection, and any    |
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 6|              person may request to be included without charge, and    |
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 7|              their request shall be accepted.  The emailed notice     |
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 8|              of a public meeting required by this subsection shall    |
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 9|              include in the body of the email or as an attachment     |
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10|              to the email the date, time, place and agenda for the    |
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11|              meeting and it shall be sent no less than twenty-four    |
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12|              (24) hours prior to the meeting.  Additionally, except   |
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13|              as provided in subparagraph c of this paragraph, the     |
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14|              public body shall make the notice of a public meeting    |
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15|              required by this subsection available to the public in   |
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16|              the principal office of the public body or at the        |
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17|              location of the meeting during normal business hours     |
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18|              at least twentyfour (24) hours prior to the meeting,     |
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19|              or                                                       |
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20|         c.    upon the effective date of this act March 18, 2020,     |
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21|              and until February 15, 2022, or until thirty (30) days   |
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22|              after the expiration or termination of the state of      |
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23|              emergency declared by the Governor to respond to the     |
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24|              threat of COVID-19 to the people of this state and the   |
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   Req. No. 666                                                    Page 4
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 1|              public's peace, health and safety, whichever date        |
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 2|              first occurs, the public body shall not be required to   |
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 3|              make the notice of a public meeting available to the     |
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 4|              public in the principal office of the public body or     |
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 5|              at the location of the meeting during normal business    |
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 6|              hours at least twenty-four (24) hours prior to the       |
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 7|              meeting;                                                 |
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 8|    10.  The twenty-four (24) hours required in paragraph 9 of this    |
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 9|subsection shall exclude Saturdays, Sundays and holidays legally       |
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10|declared by the State of Oklahoma.  The posting or distribution of a   |
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11|notice of a public meeting as described in paragraph 9 of this         |
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12|subsection shall not preclude a public body from considering at its    |
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13|regularly scheduled meeting any new business.  "New business", as      |
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14|used herein, shall mean any matter not known about or which could      |
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15|not have been reasonably foreseen prior to the time of the posting;    |
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16|    11.  In the event any meeting is to be continued or reconvened,    |
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17|public notice of such action including date, time and place of the     |
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18|continued meeting, shall be given by announcement at the original      |
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19|meeting.  Only matters appearing on the agenda of the meeting which    |
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20|is continued may be discussed at the continued or reconvened           |
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21|meeting;                                                               |
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22|    12.  Special meetings of public bodies shall not be held without   |
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23|public notice being given at least forty-eight (48) hours prior to     |
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24|the meetings.  Such public notice of date, time and place shall be     |
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   Req. No. 666                                                    Page 5
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 1|given in writing, in person or by telephonic means to the Secretary    |
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 2|of State or to the county clerk or to the municipal clerk by public    |
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 3|bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of       |
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 4|this subsection.  The public body also shall cause written notice of   |
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 5|the date, time and place of the meeting to be mailed or delivered to   |
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 6|each person, newspaper, wire service, radio station and television     |
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 7|station that has filed a written request for notice of meetings of     |
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 8|the public body with the clerk or secretary of the public body or      |
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 9|with some other person designated by the public body.  Such written    |
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10|notice shall be mailed or delivered at least forty-eight (48) hours    |
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11|prior to the special meeting.  The public body may charge a fee of     |
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12|up to Eighteen Dollars ($18.00) per year to persons or entities        |
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13|filing a written request for notice of meetings, and may require       |
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14|such persons or entities to renew the request for notice annually.     |
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15|In addition, all public bodies shall, at least twenty-four (24)        |
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16|hours prior to such special meetings, display public notice of the     |
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17|meeting, setting forth thereon the date, time, place and agenda for    |
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18|the meeting.  Only matters appearing on the posted agenda may be       |
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19|considered at the special meeting.  Such public notice shall be        |
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20|posted in prominent public view at the principal office of the         |
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21|public body or at the location of the meeting if no office exists.     |
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22|Twenty-four (24) hours prior public posting shall exclude Saturdays,   |
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23|Sundays and holidays legally declared by the State of Oklahoma.  In    |
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24|lieu of the public posting requirements of this paragraph, a public    |
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   Req. No. 666                                                    Page 6
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 1|body may elect to follow the requirements found in subparagraph b of   |
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 2|paragraph 9 of this subsection, provided that forty-eight-hour         |
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 3|notice is required for special meetings and that the                   |
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 4|forty-eight-hour requirement shall exclude Saturdays, Sundays and      |
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 5|holidays legally declared by the State of Oklahoma;                    |
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 6|    13.  In the event of an emergency, an emergency meeting of a       |
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 7|public body may be held without the public notice heretofore           |
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 8|required.  Should an emergency meeting of a public body be             |
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 9|necessary, the person calling such a meeting shall give as much        |
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10|advance public notice as is reasonable and possible under the          |
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11|circumstances existing, in person or by telephonic or electronic       |
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12|means; and                                                             |
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13|    14.  A public body that gives public notice of a meeting for       |
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14|which there will be a videoconference option in accordance with        |
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15|Section 307.1 of this title shall not modify the method of meeting     |
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16|described in the notice prior to the meeting and shall conduct the     |
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17|meeting according to the methods described in the notice.  If a code   |
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18|or password is required to access the videoconference meeting, the     |
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19|code or password shall be included in the public notice.               |
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20|    B.  1.  All agendas required pursuant to the provisions of this    |
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21|section shall identify all items of business to be transacted by a     |
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22|public body at a meeting including, but not limited to, any proposed   |
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23|executive session for the purpose of engaging in deliberations or      |
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   Req. No. 666                                                    Page 7
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 1|rendering a final or intermediate decision in an individual            |
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 2|proceeding prescribed by the Administrative Procedures Act.            |
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 3|    2.  If a public body proposes to conduct an executive session,     |
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 4|the agenda shall:                                                      |
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 5|         a.    contain sufficient information for the public to        |
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 6|              ascertain that an executive session will be proposed,    |
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 7|         b.    identify the items of business and purposes of the      |
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 8|              executive session, and                                   |
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 9|         c.    state specifically the provision of Section 307 of      |
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10|              this title authorizing the executive session.            |
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11|    3.  Any interested member of the public may address a public       |
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12|body on any agenda item or item of new business in the time            |
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13|designated for public comment at a meeting of the public body,         |
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14|subject to reasonable time limitations.  A member of the public may    |
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15|exercise all rights of free speech and assembly granted pursuant to    |
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16|the First Amendment of the Constitution of the United States to        |
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17|address the public body.  No law enforcement officer or entity may     |
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18|prevent a member of the public from exercising such rights in a        |
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19|lawful manner at a meeting of the public body, nor may a law           |
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20|enforcement officer or entity use harassment, intimidation, or         |
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21|threatened prosecution to prevent a member of the public from          |
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22|exercising such rights.                                                |
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23|    SECTION 2.     AMENDATORY     70 O.S. 2021, Section 5-118, is      |
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24|amended to read as follows:                                            |
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   Req. No. 666                                                    Page 8
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 1|    Section 5-118.  Regular meetings of the board of education of      |
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 2|each school district shall be held upon the first Monday of each       |
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 3|month, or upon such day as may be fixed by the board.  Special         |
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 4|meetings may be held from time to time as circumstances may demand.    |
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 5|    All meetings of the boards of education shall be public            |
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 6|meetings, and in all such meetings the vote of each member must be     |
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 7|publicly cast and recorded.  Executive sessions will be permitted      |
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 8|only for the purpose of discussing the employment, hiring,             |
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 9|appointment, promotion, demotion, disciplining, or resignations of     |
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10|any or all of the employees or volunteers of the school district,      |
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11|and for the purpose of discussing negotiations concerning employees    |
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12|and representatives of employee groups, and for the purpose of         |
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13|hearing evidence and discussing the expulsion or suspension of a       |
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14|student or students only when requested by the student involved or     |
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15|his or her parent, attorney, or legal guardian; provided, however,     |
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16|that any vote or action thereon must be taken in a public meeting      |
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17|with the vote of each member publicly cast and recorded.  It is        |
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18|required that the board of education shall provide notice to the       |
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19|student, his or her parent, attorney or legal guardian that said       |
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20|student is entitled to an executive session regarding the discussion   |
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21|of expulsion or suspension of said student.                            |
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22|    Any interested member of the public may address a school board     |
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23|on any agenda item or item of new business in the time designated      |
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24|for public comment at a meeting of the school board, subject to        |
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   Req. No. 666                                                    Page 9
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 1|reasonable time limitations.  A member of the public may exercise      |
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 2|all rights of free speech and assembly granted pursuant to the First   |
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 3|Amendment of the Constitution of the United States to address the      |
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 4|school board.  No law enforcement officer or entity may prevent a      |
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 5|member of the public from exercising such rights in a lawful manner    |
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 6|at a meeting of the school board, nor may a law enforcement officer    |
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 7|or entity use harassment, intimidation, or threatened prosecution to   |
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 8|prevent a member of the public from exercising such rights.            |
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 9|    Any action taken in violation of the provisions of this act        |
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10|Section 5-101 et seq. of this title shall be invalid.                  |
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11|    Each member of the board of education of a school district with    |
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12|an average daily attendance exceeding fifteen thousand (15,000) or a   |
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13|school district where boundaries encompass a total population          |
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14|exceeding one hundred thousand (100,000) persons according to the      |
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15|last preceding Federal Decennial Census may be paid from the           |
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16|district's general fund a stipend of Twenty-five Dollars ($25.00)      |
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17|for each regular, special or adjourned meeting of the board of         |
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18|education that he or she attends, but not for more than four           |
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19|meetings in any calendar month.                                        |
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20|    SECTION 3.  This act shall become effective November 1, 2023.      |
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22|    59-1-666       TEK       1/18/2023 12:14:34 PM                     |
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   Req. No. 666                                                    Page 10
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