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