1| SENATE FLOOR VERSION | | February 23, 2023 | 2| AS AMENDED | | | 3|SENATE BILL NO. 761 By: Howard of the Senate | | | 4| and | | | 5| Pae of the House | | | 6| | | | 7| An Act relating to public meetings; amending 25 O.S. | | 2021, Section 304, as amended by Section 1, Chapter | 8| 123, O.S.L. 2022 (25 O.S. Supp. 2022, Section 304), | | which relates to definitions used in the Oklahoma | 9| Open Meeting Act; defining term of public health | | emergency; establishing requirements under which a | 10| public body may conduct meetings and executive | | sessions utilizing digital means; requiring | 11| alternative means be used to make meetings available | | to the public under certain conditions; exempting | 12| governing bodies under certain conditions; clarifying | | no charge to the public; permitting participation by | 13| the public in meetings; prohibiting certain private | | electronic communications; providing for | 14| codification; and providing an effective date. | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, as | | | 18|amended by Section 1, Chapter 123, O.S.L. 2022 (25 O.S. Supp. 2022, | | | 19|Section 304), is amended to read as follows: | | | 20| Section 304. As used in the Oklahoma Open Meeting Act: | | | 21| 1. "Public body" means the governing bodies of all | | | 22|municipalities located within this state, boards of county | | | 23|commissioners of the counties in this state, boards of public and | | | 24|higher education in this state and all boards, bureaus, commissions, | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 1 ___________________________________________________________________________
1|agencies, trusteeships, authorities, councils, committees, public | | | 2|trusts or any entity created by a public trust including any | | | 3|committee or subcommittee composed of any of the members of a public | | | 4|trust or other legal entity receiving funds from the Rural Economic | | | 5|Action Plan Fund as authorized by Section 2007 of Title 62 of the | | | 6|Oklahoma Statutes, task forces or study groups in this state | | | 7|supported in whole or in part by public funds or entrusted with the | | | 8|expending of public funds, or administering public property, and | | | 9|shall include all committees or subcommittees of any public body. | | | 10|Public body shall not include the state judiciary, the Council on | | | 11|Judicial Complaints when conducting, discussing, or deliberating any | | | 12|matter relating to a complaint received or filed with the Council, | | | 13|the Legislature, or administrative staffs of public bodies | | | 14|including, but not limited to, faculty meetings and athletic staff | | | 15|meetings of institutions of higher education when those staffs are | | | 16|not meeting with the public body, or entry-year assistance | | | 17|committees. Furthermore, public body shall not include the | | | 18|multidisciplinary teams provided for in Section 1-9-102 of Title 10A | | | 19|of the Oklahoma Statutes, in Section 2 of this act, and in | | | 20|subsection C of Section 1-502.2 of Title 63 of the Oklahoma Statutes | | | 21|or any school board meeting for the sole purpose of considering | | | 22|recommendations of a multidisciplinary team and deciding the | | | 23|placement of any child who is the subject of the recommendations. | | | 24|Furthermore, public body shall not include meetings conducted by | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 2 ___________________________________________________________________________
1|stewards designated by the Oklahoma Horse Racing Commission pursuant | | | 2|to Section 203.4 of Title 3A of the Oklahoma Statutes when the | | | 3|stewards are officiating at races or otherwise enforcing rules of | | | 4|the Commission. Furthermore, public body shall not include the | | | 5|board of directors of a Federally Qualified Health Center; | | | 6| 2. "Meeting" means the conduct of business of a public body by | | | 7|a majority of its members being personally together or, as | | | 8|authorized by Section 307.1 of this title, together pursuant to a | | | 9|videoconference. Meeting shall not include informal gatherings of a | | | 10|majority of the members of the public body when no business of the | | | 11|public body is discussed; | | | 12| 3. "Regularly scheduled meeting" means a meeting at which the | | | 13|regular business of the public body is conducted; | | | 14| 4. "Special meeting" means any meeting of a public body other | | | 15|than a regularly scheduled meeting or emergency meeting; | | | 16| 5. "Emergency meeting" means any meeting called for the purpose | | | 17|of dealing with an emergency. For purposes of the Oklahoma Open | | | 18|Meeting Act, an emergency is defined as a situation involving injury | | | 19|to persons or injury and damage to public or personal property or | | | 20|immediate financial loss when the time requirements for public | | | 21|notice of a special meeting would make such procedure impractical | | | 22|and increase the likelihood of injury or damage or immediate | | | 23|financial loss; | | | 24| | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 3 ___________________________________________________________________________
1| 6. "Continued or reconvened meeting" means a meeting which is | | | 2|assembled for the purpose of finishing business appearing on an | | | 3|agenda of a previous meeting. For the purposes of the Oklahoma Open | | | 4|Meeting Act, only matters on the agenda of the previous meeting at | | | 5|which the announcement of the continuance is made may be discussed | | | 6|at a continued or reconvened meeting; | | | 7| 7. "Public health emergency" means a situation where the | | | 8|circumstances lead state or local elected officials, as applicable | | | 9|to this act, to determine a risk of death or significant harm to the | | | 10|human population of the state or particular applicable political | | | 11|subdivision. A locally declared state of emergency declared by a | | | 12|mayor or chairman of a board of county commissioners shall not | | | 13|continue for more than thirty (30) days with ratification of the | | | 14|respective public body, unless such state of emergency is | | | 15|concurrently declared by the Governor of the State of Oklahoma | | | 16|covering the applicable political subdivision; | | | 17| 8. "Videoconference" means a conference among members of a | | | 18|public body remote from one another who are linked by interactive | | | 19|telecommunication devices or technology and/or technology permitting | | | 20|both visual and auditory communication between and among members of | | | 21|the public body and/or between and among members of the public body | | | 22|and members of the public. During any videoconference, both the | | | 23|visual and auditory communications functions shall attempt to be | | | 24|utilized; and | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 4 ___________________________________________________________________________
1|8.9. "Teleconference" means a conference among members of a | | | 2|public body remote from one another who are linked by | | | 3|telecommunication devices and/or technology permitting auditory | | | 4|communication between and among members of the public body and/or | | | 5|between and among members of the public body and members of the | | | 6|public. | | | 7| SECTION 2. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 307.2 of Title 25, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| A. Public bodies, unless specifically exempted, may conduct | | | 11|meetings and executive sessions utilizing digital means subject to | | | 12|the following requirements: | | | 13| 1. No public official may be counted as present if | | | 14|participating utilizing digital means for more than one-fourth (1/4) | | | 15|of regular or special meetings in a rolling one (1) year period; | | | 16| 2. A quorum of members must be physically present in the | | | 17|regular meeting location of the public body; | | | 18| 3. Any member of a governing body participating in a meeting | | | 19|utilizing electronic means shall be confirmed by audio or visual | | | 20|affirmation to the public to be the actual member of the governing | | | 21|body and may only participate from a fixed location; | | | 22| 4. Documents provided digitally during a meeting utilizing | | | 23|electronic means shall be made available in accordance with the | | | 24| | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 5 ___________________________________________________________________________
1|lawfully adopted policy of the governing board and open records | | | 2|requirements; | | | 3| 5. Any governing body making a good faith effort to comply with | | | 4|the provisions of this section shall be immune from liability for | | | 5|any attorney's fees connected with litigation for a failure to | | | 6|comply with this section; | | | 7| 6. Minutes shall be prepared in compliance with state and local | | | 8|law as applicable to public meetings; and | | | 9| 7. Notwithstanding the provisions of paragraph 1 of this | | | 10|section, a governing body may hold a meeting utilizing digital means | | | 11|without a quorum at the physical location during an emergency | | | 12|meeting called for the purpose of dealing with the state of | | | 13|emergency. | | | 14| B. To the extent practicable, if a public body maintains a | | | 15|website, has dedicated information technology employees, and has | | | 16|immediate access to a high-speed internet connection, meetings held | | | 17|without a physical meeting place open to the public shall be | | | 18|streamed live on a website, made available by telephonic means, or | | | 19|video of the meeting made available through an alternative website. | | | 20|Video of such meetings shall be maintained by the public body and | | | 21|available to the public for a period of at least seven (7) business | | | 22|days after the meeting minutes become official as required by | | | 23|Section 312 of Title 25 of the Oklahoma Statutes. Recordings | | | 24|created under this subsection are subject to the retention | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 6 ___________________________________________________________________________
1|requirements included herein and are not subject to any other record | | | 2|or retention statute. The provisions of the subsection shall not | | | 3|apply if there exists, or if a governing body determines, the | | | 4|implementation of this subsection creates a significant financial | | | 5|burden. | | | 6| C. Meetings held without a physical meeting place open to the | | | 7|public shall be streamed or otherwise made available to the public | | | 8|at no charge by utilizing digital means, the public body's website, | | | 9|the internet, or other free subscription digital services or | | | 10|applications. | | | 11| D. The public may be allowed to participate in meetings held | | | 12|without a physical meeting place open to the public to the extent | | | 13|such participation is consistent with previously adopted statutes, | | | 14|rules, or policy. | | | 15| SECTION 3. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 315 of Title 25, unless there is | | | 17|created a duplication in numbering, reads as follows: | | | 18| No private electronic communications concerning public business | | | 19|may occur during a public meeting amongst members of the governing | | | 20|body. | | | 21| SECTION 4. This act shall become effective November 1, 2023. | | | 22|COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT | |February 23, 2023 - DO PASS AS AMENDED | 23| | | | 24| | | | arsid1184250 SENATE FLOOR VERSION - SB761 SFLR Page 7