OKLAHOMA OPEN MEETING ACT
OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session
2024 Okla. Sess. Law Serv. Ch. 246 (H.B. 3780) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
CHAPTER 246
H.B. No. 3780
OKLAHOMA OPEN MEETING ACT
An Act relating to the Oklahoma Open Meeting Act; amending 25 O.S. 2021, Section 307.1, as amended by Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2023, Section 307.1), which relates to video conferencing and teleconferencing; striking expired language; providing for recodification; and providing an effective date.
SUBJECT: Oklahoma Open Meeting Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 25 § 307.1 >>
SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, as amended by Section 2, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2023, Section 307.1), is amended to read as follows:
Section 307.1. A. Except as provided in subsections C and D of this section, a A public body may hold meetings by videoconference where each member of the public body is visible and audible to each other and the public through a video monitor, subject to the following:
1. a. except as provided for in subparagraph b of this paragraph, no less than a quorum of the public body shall be present in person at the meeting site as posted on the meeting notice and agenda,
b. a virtual charter school approved and sponsored by the Statewide Virtual Charter School Board pursuant to the provisions of Section 3–145.3 of Title 70 of the Oklahoma Statutes shall maintain a quorum of members for the entire duration of the meeting whether using an in-person site, videoconference sites or any combination of such sites to achieve a quorum, and
c. each public meeting held by videoconference or teleconference shall be recorded either by written, electronic, or other means;
2. The meeting notice and agenda prepared in advance of the meeting, as required by law, shall indicate if the meeting will include videoconferencing locations and shall state:
a. the location, address, and telephone number of each available videoconference site, and
b. the identity of each member of the public body and the specific site from which each member of the body shall be physically present and participating in the meeting;
3. After the meeting notice and agenda are prepared and posted, as required by law, no member of the public body shall be allowed to participate in the meeting from any location other than the specific location posted on the agenda in advance of the meeting;
4. In order to allow the public the maximum opportunity to attend and observe each public official carrying out the duties of the public official, a member or members of a public body desiring to participate in a meeting by videoconference shall participate in the videoconference from a site and room located within the district or political subdivision from which they are elected, appointed, or are sworn to represent;
5. Each site and room where a member of the public body is present for a meeting by videoconference shall be open and accessible to the public, and the public shall be allowed into that site and room. Public bodies may provide additional videoconference sites as a convenience to the public, but additional sites shall not be used to exclude or discourage public attendance at any videoconference site;
6. The public shall be allowed to participate and speak, as allowed by rule or policy set by the public body, in a meeting at the videoconference site in the same manner and to the same extent as the public is allowed to participate or speak at the site of the meeting;
7. Any materials shared electronically between members of the public body, before or during the videoconference, shall also be immediately available to the public in the same form and manner as shared with members of the public body; and
8. All votes occurring during any meeting conducted using videoconferencing shall occur and be recorded by roll call vote.
B. Except as provided for in subsection E C of this section, no public body shall conduct an executive session by videoconference.
C. Upon the effective date of this act and until February 15, 2022, or until thirty (30) days after the expiration or termination of the state of emergency declared by the Governor to respond to the threat of COVID–19 to the people of this state and the public's peace, health and safety, whichever date first occurs, the provisions of this subsection and subsection D shall operate as law in this state.
<< OK ST T. 74 § 3106.02 >>
<< OK ST T. 25 § 311.1 >>
SECTION 2. RECODIFICATION 74 O.S. 2021, Section 3106.2 shall be recodified as Section 311.1 of Title 25 of the Oklahoma Statutes, unless there is created a duplication in numbering.
SECTION 3. This act shall become effective November 1, 2024.
Approved May 1, 2024.
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