Bill Text For HB2644 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 6, 2021                              |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 2644                  By: Echols, Fugate, Phillips,     |
  |                                         Moore and Grego of the        |
 5|                                                               House   |
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 6|                                         and                           |
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 7|                                         David of the Senate           |
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10|       [ Oklahoma Open Meeting Act - videoconferences and              |
  |       teleconferences - temporary provisions - expiration -           |
11|           emergency ]                                                 |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     25 O.S. 2011, Section 307.1, as      |
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16|last amended by Enrolled Senate Bill No. 1031 of the 1st Session of    |
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17|the 58th Oklahoma Legislature, is amended to read as follows:          |
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18|    Section 307.1.  A.  Except as provided in subsections C and D of   |
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19|this section, a public body may hold meetings by videoconference       |
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20|where each member of the public body is visible and audible to each    |
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21|other and the public through a video monitor, subject to the           |
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22|following:                                                             |
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23|    1.   a.    except as provided for in subparagraph b of this        |
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24|              paragraph, no less than a quorum of the public body      |
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 1|              shall be present in person at the meeting site as        |
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 2|              posted on the meeting notice and agenda,                 |
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 3|         b.    a virtual charter school approved and sponsored by      |
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 4|              the Statewide Virtual Charter School Board pursuant to   |
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 5|              the provisions of Section 3-145.3 of Title 70 of the     |
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 6|              Oklahoma Statutes shall maintain a quorum of members     |
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 7|              for the entire duration of the meeting whether using     |
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 8|              an in-person site, videoconference sites or any          |
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 9|              combination of such sites to achieve a quorum;, and      |
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10|         c.    each public meeting held by videoconference or          |
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11|              teleconference shall be recorded either by written,      |
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12|              electronic, or other means;                              |
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13|    2.  The meeting notice and agenda prepared in advance of the       |
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14|meeting, as required by law, shall indicate if the meeting will        |
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15|include videoconferencing locations and shall state:                   |
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16|         a.    the location, address, and telephone number of each     |
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17|              available videoconference site, and                      |
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18|         b.    the identity of each member of the public body and      |
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19|              the specific site from which each member of the body     |
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20|              shall be physically present and participating in the     |
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21|              meeting;                                                 |
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22|    3.  After the meeting notice and agenda are prepared and posted,   |
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23|as required by law, no member of the public body shall be allowed to   |
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24|                                                                       |
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 1|participate in the meeting from any location other than the specific   |
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 2|location posted on the agenda in advance of the meeting;               |
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 3|    4.  In order to allow the public the maximum opportunity to        |
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 4|attend and observe each public official carrying out the duties of     |
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 5|the public official, a member or members of a public body desiring     |
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 6|to participate in a meeting by videoconference shall participate in    |
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 7|the videoconference from a site and room located within the district   |
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 8|or political subdivision from which they are elected, appointed, or    |
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 9|are sworn to represent;                                                |
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10|    5.  Each site and room where a member of the public body is        |
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11|present for a meeting by videoconference shall be open and             |
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12|accessible to the public, and the public shall be allowed into that    |
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13|site and room.  Public bodies may provide additional videoconference   |
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14|sites as a convenience to the public, but additional sites shall not   |
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15|be used to exclude or discourage public attendance at any              |
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16|videoconference site;                                                  |
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17|    6.  The public shall be allowed to participate and speak, as       |
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18|allowed by rule or policy set by the public body, in a meeting at      |
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19|the videoconference site in the same manner and to the same extent     |
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20|as the public is allowed to participate or speak at the site of the    |
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21|meeting;                                                               |
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22|    7.  Any materials shared electronically between members of the     |
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23|public body, before or during the videoconference, shall also be       |
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24|                                                                       |
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 1|immediately available to the public in the same form and manner as     |
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 2|shared with members of the public body; and                            |
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 3|    8.  All votes occurring during any meeting conducted using         |
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 4|videoconferencing shall occur and be recorded by roll call vote.       |
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 5|    B.  No public body shall conduct an executive session by           |
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 6|videoconference.                                                       |
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 7|    C.  Upon the effective date of this act and until February 15,     |
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 8|2022, or until thirty (30) days after the expiration or termination    |
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 9|of the state of emergency declared by the Governor to respond to the   |
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10|threat of COVID-19 to the people of this state and the public's        |
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11|peace, health and safety, whichever date first occurs March 31,        |
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12|2024, the provisions of this subsection and subsection D shall         |
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13|operate as law in this state.                                          |
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14|    1.  A public body may hold meetings by teleconference or           |
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15|videoconference if each member of the public body is audible or        |
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16|visible to each other and the public, subject to the following:        |
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17|         a.    for a virtual charter school approved and sponsored     |
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18|              by the Statewide Virtual Charter School Board pursuant   |
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19|              to the provisions of the Oklahoma Statutes, the public   |
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20|              body shall maintain a quorum of members for the entire   |
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21|              duration of the meeting whether using an in-person       |
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22|              site, teleconference, or videoconference or any          |
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23|              combination of such sites to achieve a quorum, and       |
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24|                                                                       |
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 1|         b.    if the meeting is held using either teleconference or   |
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 2|              videoconference capabilities, and at any time the        |
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 3|              audio connection is disconnected, the meeting shall be   |
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 4|              stopped and reconvened once the audio connection is      |
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 5|              restored;                                                |
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 6|    2.  The meeting notice and agenda prepared in advance of the       |
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 7|meeting, as required by law, shall indicate if the meeting will        |
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 8|include teleconferencing or videoconferencing and shall also state:    |
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 9|         a.    each public body member appearing remotely and the      |
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10|              method of each member's remote appearance, and           |
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11|         b.    the identity of the public body member or members who   |
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12|              will be physically present at the meeting site, if       |
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13|              any;                                                     |
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14|    3.  After the meeting notice and agenda are prepared and posted    |
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15|as required by law, public body members shall not be permitted to      |
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16|alter their method of attendance; provided, however, those members     |
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17|who were identified as appearing remotely may be permitted to          |
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18|physically appear at the meeting site, if any, for the meeting;        |
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19|    4.  The public body shall be allowed to participate and speak,     |
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20|as allowed by rule or policy set by the public body, in a meeting      |
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21|which utilizes teleconference or videoconference in the same manner    |
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22|and to the same extent as the public is allowed to participate or      |
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23|speak during a meeting where all public body members are physically    |
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24|present together at the meeting site;                                  |
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 1|    5.  Any documents or other materials provided to members of the    |
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 2|public body or shared electronically between members of the public     |
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 3|body during a meeting utilizing teleconferencing or                    |
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 4|videoconferencing shall also be immediately available to the public    |
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 5|on the website of the public body, if the public body maintains a      |
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 6|website; and                                                           |
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 7|    6.  All votes occurring during any meeting utilizing               |
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 8|teleconference or videoconference shall occur and be recorded by       |
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 9|roll call votes.                                                       |
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10|    D.  Public bodies are permitted to conduct an executive session    |
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11|by teleconference or videoconference.  For such executive sessions,    |
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12|no public body member is required to be physically present so long     |
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13|as each public body member is audible or visible to each other.  The   |
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14|meeting notice and agenda prepared in advance of the meeting as        |
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15|required by law shall indicate if the executive session will include   |
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16|teleconferencing or videoconferencing and shall also state the         |
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17|identity of each public body member appearing remotely, the method     |
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18|of each member's remote appearance, and whether any member will be     |
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19|physically present at the meeting site, if any, for the executive      |
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20|session.                                                               |
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21|    SECTION 2.     AMENDATORY     25 O.S. 2011, Section 311, as last   |
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22|amended by Enrolled Senate Bill No. 1031 of the 1st Session of the     |
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23|58th Oklahoma Legislature, is amended to read as follows:              |
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 1|    Section 311.  A.  Notwithstanding any other provisions of law,     |
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 2|all regularly scheduled, continued or reconvened, special or           |
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 3|emergency meetings of public bodies shall be preceded by public        |
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 4|notice as follows:                                                     |
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 5|    1.  All public bodies shall give notice in writing by December     |
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 6|15 of each calendar year of the schedule showing the date, time and    |
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 7|place of the regularly scheduled meetings of such public bodies for    |
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 8|the following calendar year;                                           |
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 9|    2.  All state public bodies including, but not limited to,         |
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10|public trusts and other bodies with the state as beneficiary, shall    |
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11|give such notice to the Secretary of State;                            |
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12|    3.  All county public bodies including, but not limited to,        |
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13|public trusts and any other bodies with the county as beneficiary,     |
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14|shall give such notice to the county clerk of the county wherein       |
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15|they are principally located;                                          |
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16|    4.  All municipal public bodies including, but not limited to,     |
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17|public trusts and any other bodies with the municipality as            |
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18|beneficiary, shall give such notice to the municipal clerk of the      |
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19|municipality wherein they are principally located;                     |
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20|    5.  All multicounty, regional, areawide or district public         |
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21|bodies including, but not limited to, district boards of education,    |
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22|shall give such notice to the county clerk of the county wherein       |
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23|they are principally located, or if no office exists, to the county    |
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24|clerk of the county or counties served by such public body;            |
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 1|    6.  All governing boards of state institutions of higher           |
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 2|education, and committees and subcommittees thereof, shall give such   |
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 3|notice to the Secretary of State.  All other public bodies covered     |
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 4|by the provisions of the Oklahoma Open Meeting Act which exist under   |
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 5|the auspices of a state institution of higher education, but a         |
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 6|majority of whose members are not members of the institution's         |
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 7|governing board, shall give such notice to the county clerk of the     |
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 8|county wherein the institution is principally located;                 |
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 9|    7.  The Secretary of State and each county clerk or municipal      |
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10|clerk shall keep a record of all notices received in a register open   |
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11|to the public for inspection during regular office hours, and, in      |
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12|addition, shall make known upon any request of any person the          |
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13|contents of the register;                                              |
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14|    8.  If any change is to be made of the date, time or place of      |
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15|regularly scheduled meetings of public bodies, then notice in          |
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16|writing shall be given to the Secretary of State or county clerk or    |
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17|municipal clerk, as required herein, not less than ten (10) days       |
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18|prior to the implementation of any such change;                        |
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19|    9.  In addition to the advance public notice in writing required   |
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20|to be filed for regularly scheduled meetings, described in paragraph   |
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21|1 of this subsection, all public bodies shall, at least twenty-four    |
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22|(24) hours prior to such regularly scheduled meetings, display         |
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23|public notice of the meeting by at least one of the following          |
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24|methods:                                                               |
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 1|         a.    by posting information that includes date, time,        |
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 2|              place and agenda for the meeting in prominent public     |
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 3|              view at the principal office of the public body or at    |
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 4|              the location of the meeting if no office exists, or      |
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 5|         b.    by posting on the public body's Internet website the    |
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 6|              date, time, place and agenda for the meeting in          |
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 7|              accordance with Section 3106.2 of Title 74 of the        |
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 8|              Oklahoma Statutes.  Additionally, the public body        |
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 9|              shall offer and consistently maintain an email           |
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10|              distribution system for distribution of such notice of   |
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11|              a public meeting required by this subsection, and any    |
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12|              person may request to be included without charge, and    |
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13|              their request shall be accepted.  The emailed notice     |
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14|              of a public meeting required by this subsection shall    |
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15|              include in the body of the email or as an attachment     |
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16|              to the email the date, time, place and agenda for the    |
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17|              meeting and it shall be sent no less than twenty-four    |
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18|              (24) hours prior to the meeting.  Additionally, except   |
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19|              as provided in subparagraph c of this paragraph, the     |
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20|              public body shall make the notice of a public meeting    |
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21|              required by this subsection available to the public in   |
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22|              the principal office of the public body or at the        |
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23|              location of the meeting during normal business hours     |
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 1|              at least twentyfour (24) hours prior to the meeting,     |
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 2|              or                                                       |
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 3|         c.    upon the effective date of this act and until           |
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 4|              February 15, 2022, or until thirty (30) days after the   |
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 5|              expiration or termination of the state of emergency      |
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 6|              declared by the Governor to respond to the threat of     |
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 7|              COVID-19 to the people of this state and the public's    |
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 8|              peace, health and safety, whichever date first occurs    |
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 9|              March 31, 2024, the public body shall not be required    |
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10|              to make the notice of a public meeting available to      |
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11|              the public in the principal office of the public body    |
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12|              or at the location of the meeting during normal          |
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13|              business hours at least twenty-four (24) hours prior     |
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14|              to the meeting;                                          |
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15|    10.  The twenty-four (24) hours required in paragraph 9 of this    |
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16|subsection shall exclude Saturdays, Sundays and holidays legally       |
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17|declared by the State of Oklahoma.  The posting or distribution of a   |
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18|notice of a public meeting as described in paragraph 9 of this         |
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19|subsection shall not preclude a public body from considering at its    |
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20|regularly scheduled meeting any new business.  "New business", as      |
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21|used herein, shall mean any matter not known about or which could      |
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22|not have been reasonably foreseen prior to the time of the posting;    |
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23|    11.  In the event any meeting is to be continued or reconvened,    |
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24|public notice of such action including date, time and place of the     |
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 1|continued meeting, shall be given by announcement at the original      |
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 2|meeting.  Only matters appearing on the agenda of the meeting which    |
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 3|is continued may be discussed at the continued or reconvened           |
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 4|meeting;                                                               |
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 5|    12.  Special meetings of public bodies shall not be held without   |
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 6|public notice being given at least forty-eight (48) hours prior to     |
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 7|the meetings.  Such public notice of date, time and place shall be     |
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 8|given in writing, in person or by telephonic means to the Secretary    |
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 9|of State or to the county clerk or to the municipal clerk by public    |
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10|bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of       |
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11|this subsection.  The public body also shall cause written notice of   |
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12|the date, time and place of the meeting to be mailed or delivered to   |
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13|each person, newspaper, wire service, radio station and television     |
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14|station that has filed a written request for notice of meetings of     |
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15|the public body with the clerk or secretary of the public body or      |
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16|with some other person designated by the public body.  Such written    |
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17|notice shall be mailed or delivered at least forty-eight (48) hours    |
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18|prior to the special meeting.  The public body may charge a fee of     |
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19|up to Eighteen Dollars ($18.00) per year to persons or entities        |
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20|filing a written request for notice of meetings, and may require       |
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21|such persons or entities to renew the request for notice annually.     |
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22|In addition, all public bodies shall, at least twenty-four (24)        |
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23|hours prior to such special meetings, display public notice of the     |
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24|meeting, setting forth thereon the date, time, place and agenda for    |
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 1|the meeting.  Only matters appearing on the posted agenda may be       |
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 2|considered at the special meeting.  Such public notice shall be        |
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 3|posted in prominent public view at the principal office of the         |
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 4|public body or at the location of the meeting if no office exists.     |
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 5|Twenty-four (24) hours prior public posting shall exclude Saturdays,   |
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 6|Sundays and holidays legally declared by the State of Oklahoma.  In    |
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 7|lieu of the public posting requirements of this paragraph, a public    |
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 8|body may elect to follow the requirements found in subparagraph b of   |
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 9|paragraph 9 of this subsection, provided that forty-eight-hour         |
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10|notice is required for special meetings and that the                   |
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11|forty-eight-hour requirement shall exclude Saturdays, Sundays and      |
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12|holidays legally declared by the State of Oklahoma;                    |
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13|    13.  In the event of an emergency, an emergency meeting of a       |
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14|public body may be held without the public notice heretofore           |
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15|required.  Should an emergency meeting of a public body be             |
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16|necessary, the person calling such a meeting shall give as much        |
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17|advance public notice as is reasonable and possible under the          |
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18|circumstances existing, in person or by telephonic or electronic       |
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19|means; and                                                             |
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20|    14.  A public body that gives public notice of a meeting for       |
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21|which there will be a videoconference option in accordance with        |
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22|Section 307.1 of this title shall not modify the method of meeting     |
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23|described in the notice prior to the meeting and shall conduct the     |
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24|meeting according to the methods described in the notice.  If a code   |
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 1|or password is required to access the videoconference meeting, the     |
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 2|code or password shall be included in the public notice.               |
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 3|    B.  1.  All agendas required pursuant to the provisions of this    |
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 4|section shall identify all items of business to be transacted by a     |
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 5|public body at a meeting including, but not limited to, any proposed   |
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 6|executive session for the purpose of engaging in deliberations or      |
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 7|rendering a final or intermediate decision in an individual            |
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 8|proceeding prescribed by the Administrative Procedures Act.            |
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 9|    2.  If a public body proposes to conduct an executive session,     |
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10|the agenda shall:                                                      |
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11|         a.    contain sufficient information for the public to        |
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12|              ascertain that an executive session will be proposed,    |
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13|         b.    identify the items of business and purposes of the      |
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14|              executive session, and                                   |
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15|         c.    state specifically the provision of Section 307 of      |
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16|              this title authorizing the executive session.            |
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17|    SECTION 3.  It being immediately necessary for the preservation    |
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18|of the public peace, health or safety, an emergency is hereby          |
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19|declared to exist, by reason whereof this act shall take effect and    |
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20|be in full force from and after its passage and approval.              |
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21|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY                            |
  |April 6, 2021 - DO PASS AS AMENDED                                     |
22|                                                                       |
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23|                                                                       |
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24|                                                                       |
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arsid14092141 SENATE FLOOR VERSION - HB2644 SFLR                   Page 13
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