1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3780 By: Duel
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Open Meeting Act;
7 amending 25 O.S. 2021, Section 307.1, as amended by
8 Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp.
8 2023, Section 307.1), which relates to video
9 conferencing and teleconferencing; striking expired
9 language; providing for recodification; and providing
10 an effective date.
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, as
14
15 amended by Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2023,
15
16 Section 307.1), is amended to read as follows:
16
17 Section 307.1 A. Except as provided in subsections C and D of
17
18 this section, a A public body may hold meetings by videoconference
18
19 where each member of the public body is visible and audible to each
19
20 other and the public through a video monitor, subject to the
20
21 following:
21
22 1. a. except as provided for in subparagraph b of this
22
23 paragraph, no less than a quorum of the public body
23
24
24
Req. No. 8709 Page 1
 1 shall be present in person at the meeting site as
1
2 posted on the meeting notice and agenda,
2
3 b. a virtual charter school approved and sponsored by the
3
4 Statewide Virtual Charter School Board pursuant to the
4
5 provisions of Section 3-145.3 of Title 70 of the
5
6 Oklahoma Statutes shall maintain a quorum of members
6
7 for the entire duration of the meeting whether using
7
8 an in-person site, videoconference sites or any
8
9 combination of such sites to achieve a quorum, and
9
10 c. each public meeting held by videoconference or
10
11 teleconference shall be recorded either by written,
11
12 electronic, or other means;
12
13 2. The meeting notice and agenda prepared in advance of the
13
14 meeting, as required by law, shall indicate if the meeting will
14
15 include videoconferencing locations and shall state:
15
16 a. the location, address, and telephone number of each
16
17 available videoconference site, and
17
18 b. the identity of each member of the public body and the
18
19 specific site from which each member of the body shall
19
20 be physically present and participating in the
20
21 meeting;
21
22 3. After the meeting notice and agenda are prepared and posted,
22
23 as required by law, no member of the public body shall be allowed to
23
24
24
Req. No. 8709 Page 2
 1 participate in the meeting from any location other than the specific
1
2 location posted on the agenda in advance of the meeting;
2
3 4. In order to allow the public the maximum opportunity to
3
4 attend and observe each public official carrying out the duties of
4
5 the public official, a member or members of a public body desiring
5
6 to participate in a meeting by videoconference shall participate in
6
7 the videoconference from a site and room located within the district
7
8 or political subdivision from which they are elected, appointed, or
8
9 are sworn to represent;
9
10 5. Each site and room where a member of the public body is
10
11 present for a meeting by videoconference shall be open and
11
12 accessible to the public, and the public shall be allowed into that
12
13 site and room. Public bodies may provide additional videoconference
13
14 sites as a convenience to the public, but additional sites shall not
14
15 be used to exclude or discourage public attendance at any
15
16 videoconference site;
16
17 6. The public shall be allowed to participate and speak, as
17
18 allowed by rule or policy set by the public body, in a meeting at
18
19 the videoconference site in the same manner and to the same extent
19
20 as the public is allowed to participate or speak at the site of the
20
21 meeting;
21
22 7. Any materials shared electronically between members of the
22
23 public body, before or during the videoconference, shall also be
23
24
24
Req. No. 8709 Page 3
 1 immediately available to the public in the same form and manner as
1
2 shared with members of the public body; and
2
3 8. All votes occurring during any meeting conducted using
3
4 videoconferencing shall occur and be recorded by roll call vote.
4
5 B. Except as provided for in subsection E C of this section, no
5
6 public body shall conduct an executive session by videoconference.
6
7 C. Upon the effective date of this act and until February 15,
7
8 2022, or until thirty (30) days after the expiration or termination
8
9 of the state of emergency declared by the Governor to respond to the
9
10 threat of COVID-19 to the people of this state and the public's
10
11 peace, health and safety, whichever date first occurs, the
11
12 provisions of this subsection and subsection D shall operate as law
12
13 in this state.
13
14 1. A public body may hold meetings by teleconference or
14
15 videoconference if each member of the public body is audible or
15
16 visible to each other and the public, subject to the following:
16
17 a. for a virtual charter school approved and sponsored by
17
18 the Statewide Virtual Charter School Board pursuant to
18
19 the provisions of the Oklahoma Statutes, the public
19
20 body shall maintain a quorum of members for the entire
20
21 duration of the meeting whether using an in-person
21
22 site, teleconference, or videoconference or any
22
23 combination of such sites to achieve a quorum, and
23
24
24
Req. No. 8709 Page 4
 1 b. if the meeting is held using either teleconference or
1
2 videoconference capabilities, and at any time the
2
3 audio connection is disconnected, the meeting shall be
3
4 stopped and reconvened once the audio connection is
4
5 restored;
5
6 2. The meeting notice and agenda prepared in advance of the
6
7 meeting, as required by law, shall indicate if the meeting will
7
8 include teleconferencing or videoconferencing and shall also state:
8
9 a. each public body member appearing remotely and the
9
10 method of each member's remote appearance, and
10
11 b. the identity of the public body member or members who
11
12 will be physically present at the meeting site, if
12
13 any;
13
14 3. After the meeting notice and agenda are prepared and posted
14
15 as required by law, public body members shall not be permitted to
15
16 alter their method of attendance; provided, however, those members
16
17 who were identified as appearing remotely may be permitted to
17
18 physically appear at the meeting site, if any, for the meeting;
18
19 4. The public body shall be allowed to participate and speak,
19
20 as allowed by rule or policy set by the public body, in a meeting
20
21 which utilizes teleconference or videoconference in the same manner
21
22 and to the same extent as the public is allowed to participate or
22
23 speak during a meeting where all public body members are physically
23
24 present together at the meeting site;
24
Req. No. 8709 Page 5
 1 5. Any documents or other materials provided to members of the
1
2 public body or shared electronically between members of the public
2
3 body during a meeting utilizing teleconferencing or
3
4 videoconferencing shall also be immediately available to the public
4
5 on the website of the public body, if the public body maintains a
5
6 website; and
6
7 6. All votes occurring during any meeting utilizing
7
8 teleconference or videoconference shall occur and be recorded by
8
9 roll call votes.
9
10 D. Public bodies are permitted to conduct an executive session
10
11 by teleconference or videoconference. For such executive sessions,
11
12 no public body member is required to be physically present so long
12
13 as each public body member is audible or visible to each other. The
13
14 meeting notice and agenda prepared in advance of the meeting as
14
15 required by law shall indicate if the executive session will include
15
16 teleconferencing or videoconferencing and shall also state the
16
17 identity of each public body member appearing remotely, the method
17
18 of each member's remote appearance, and whether any member will be
18
19 physically present at the meeting site, if any, for the executive
19
20 session.
20
21 E. The Oklahoma Tax Commission may conduct executive sessions
21
22 with the taxpayer at issue attending using videoconference
22
23 technology to discuss confidential taxpayer matters as provided for
23
24 in Section 205 of Title 68 of the Oklahoma Statutes. During
24
Req. No. 8709 Page 6
 1 executive sessions, the Commission is required to be physically
1
2 present while taxpayers may appear using videoconference technology.
2
3 The technology selected and utilized by the Commission shall ensure
3
4 taxpayer confidentiality including compliance with safeguards as
4
5 provided for in Internal Revenue Service Publication 1075.
5
6 SECTION 2. RECODIFICATION 74 O.S. 2021, Section 3106.2
6
7 shall be recodified as Section 311.1 of Title 25 of the Oklahoma
7
8 Statutes, unless there is created a duplication in numbering.
8
9 SECTION 3. This act shall become effective November 1, 2024.
9
10
10
11 59-2-8709 SW 01/10/24
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 8709 Page 7


Statutes affected:
Introduced: 25-307.1
Floor (House): 25-307.1
Floor (Senate): 25-307.1
Engrossed: 25-307.1
Enrolled (final version): 25-307.1