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An Act
ENROLLED HOUSE
BILL NO. 1664 By: Cantrell of the House
and
Alvord of the Senate
An Act relating to the Oklahoma Open Meeting Act;
amending 19 O.S. 2021, Section 326, which relates to
meetings; exempting certain activities of county
commissioners from the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Sections 304, as last amended
by Section 3, Chapter 237, O.S.L. 2024, and 307.1, as
last amended by Section 1, Chapter 246, O.S.L. 2024
(25 O.S. Supp. 2024, Sections 304 and 307.1), which
relate to definitions, videoconferences, and
teleconferences; modifying definitions; providing
confidentiality exception for requirement to share
certain materials with the public; authorizing
Statewide Independent Living Council to conduct
executive sessions by videoconference technology;
establishing requirements for executive sessions
conducted by videoconference technology; updating
statutory language; updating statutory reference; and
declaring an emergency.
SUBJECT: Oklahoma Open Meeting Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 326, is
amended to read as follows:
Section 326. A. In addition to the special sessions for
equalizing assessments, and all other special sessions now provided
by law, the county commissioners shall meet and hold sessions for
the transaction of business in the county courthouse, at the county
seat, on or before the first Monday of each month, and may remain in
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session as long as the public business may require, and the passing
upon, allowing or rejecting of bills against the county shall be
taken up and passed upon by the board in the order in which the
claims have been filed, and in which order such claims must be
entered upon the calendar, except salary, wage and compensation
claims of officers and deputies and employees, which salary, wage
and compensation claims may be considered and paid, on or after the
termination of the service pay period; provided, that such claims by
subordinate deputies and employees be first approved by the officer
having charge of the office or department. The board of county
commissioners may recess or adjourn its meetings within the session,
either from time to time or from day to day, or on call of the
chairman chair; but, if such board does not sooner adjourn its
session for any month, such session shall terminate and be adjourned
by operation of law on the last business day of such month. If the
board shall have adjourned its session before the last business day
of any month, the county clerk shall have power to call special
sessions when the best interests of the county demand it, upon
giving five (5) days’ notice of the time and object of calling the
commissioners together, by posting up notices in three public places
in the county, or by publication in some newspaper of general
circulation in the county; provided, that in the case of a vacancy
in the office of county clerk, the chairman chair of the board shall
have power to call a special session for the purpose of filling such
vacancy.
B. The board of county commissioners may meet at times and in
places within the county other than the county courthouse if it is
determined that such meetings are beneficial to the general public.
Such meetings shall be in compliance with the Oklahoma Open Meeting
Act.
C. County commissioners may attend and participate in
conferences, trainings, and educational, press, and social events,
even if a quorum is present, provided that no official action is
taken and any discussion of the business of the board of county
commissioners is incidental to the event.
D. County commissioners may attend and participate in meetings
and proceedings of the Legislature, even if a quorum is present,
provided that no official action is taken.
E. In a county that has a county budget board as provided in
Section 1407 of this title, county commissioners and other county
elected officers may discuss budgetary matters, provided that a
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quorum of the county budget board is not present and no official
action is taken.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 304, as last
amended by Section 3, Chapter 237, O.S.L. 2024 (25 O.S. Supp. 2024,
Section 304), is amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act:
1. “Public body” means the governing bodies of all
municipalities located within this state, boards of county
commissioners of the counties in this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, authorities, councils, committees, public
trusts or any entity created by a public trust including any
committee or subcommittee composed of any of the members of a public
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2007 of Title 62 of the
Oklahoma Statutes, task forces or study groups in this state
supported in whole or in part by public funds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcommittees of any public body.
Public body shall not include:
a. the state judiciary,
b. the Council on Judicial Complaints when conducting,
discussing, or deliberating any matter relating to a
complaint received or filed with the Council,
c. the Legislature, or
d. administrative staffs of public bodies including, but
not limited to, faculty meetings and athletic staff
meetings of institutions of higher education when
those staffs are not meeting with the public body, or
entry-year assistance committees. Furthermore, public
body shall not include the,
e. multidisciplinary teams provided for in Section 1-9-
102 of Title 10A of the Oklahoma Statutes, in Section
10-115 of Title 43A of the Oklahoma Statutes, and in
subsection C of Section 1-502.2 of Title 63 of the
Oklahoma Statutes or any school board meeting for the
sole purpose of considering recommendations of a
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multidisciplinary team and deciding the placement of
any child who is the subject of the recommendations.
Furthermore, public body shall not include,
f. meetings conducted by stewards designated by the
Oklahoma Horse Racing Commission pursuant to Section
203.4 of Title 3A of the Oklahoma Statutes when the
stewards are officiating at races or otherwise
enforcing rules of the Commission. Furthermore,
public body shall not include,
g. the board of directors of a Federally Qualified Health
Center or the postadjudication review boards provided
for in Sections 1116.2 and 1116.3 of Title 10 of the
Oklahoma Statutes, or
h. boards of county commissioners for the purposes set
forth in subsections C, D, and E of Section 326 of
Title 19 of the Oklahoma Statutes;
2. “Meeting” means the conduct of business of a public body by
a majority of its members being personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gatherings of a
majority of the members of the public body when no business of the
public body is discussed;
3. “Regularly scheduled meeting” means a meeting at which the
regular business of the public body is conducted;
4. “Special meeting” means any meeting of a public body other
than a regularly scheduled meeting or emergency meeting;
5. “Emergency meeting” means any meeting called for the purpose
of dealing with an emergency. For purposes of the Oklahoma Open
Meeting Act, an emergency is defined as a situation involving injury
to persons or injury and damage to public or personal property or
immediate financial loss when the time requirements for public
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss;
6. “Continued or reconvened meeting” means a meeting which is
assembled for the purpose of finishing business appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
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Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of the continuance is made may be discussed
at a continued or reconvened meeting;
7. “Videoconference” means a conference among members of a
public body remote from one another who are linked by interactive
telecommunication devices or technology and/or, or technology
permitting both visual and auditory communication between and among
members of the public body and/or or between and among members of
the public body and members of the public. During any
videoconference, both the visual and auditory communications
functions shall attempt to be utilized; and
8. “Teleconference” means a conference among members of a
public body remote from one another who are linked by
telecommunication devices and/or or technology permitting auditory
communication between and among members of the public body and/or or
between and among members of the public body and members of the
public.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 307.1, as
last amended by Section 1, Chapter 246, O.S.L. 2024 (25 O.S. Supp.
2024, Section 307.1), is amended to read as follows:
Section 307.1. 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 3-132.1 of Title 70 of
the Oklahoma Statutes, or the Statewide Independent
Living Council established pursuant to Section 625.2
of Title 56 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
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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 Unless confidential or privileged under applicable law,
any materials shared electronically between members of the public
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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 subsections C and D of
this section, no public body shall conduct an executive session by
videoconference.
C. The Oklahoma Tax Commission may conduct executive sessions
with the taxpayer at issue attending using videoconference
technology to discuss confidential taxpayer matters as provided for
in Section 205 of Title 68 of the Oklahoma Statutes. During
executive sessions, the Commission is required to be physically
present while taxpayers may appear using videoconference technology.
The technology selected and utilized by the Commission shall ensure
taxpayer confidentiality including compliance with safeguards as
provided for in Internal Revenue Service Publication 1075.
D. The Statewide Independent Living Council established
pursuant to Section 625.2 of Title 56 of the Oklahoma Statutes may
conduct executive sessions using videoconference technology. For
such executive sessions, no Council member shall be required to be
physically present as long as each Council member is audible or
visible to each other. The meeting notice and agenda prepared in
advance of the meeting as required by law shall indicate if the
executive session will include videoconferencing and shall also
state the identity of each Council member appearing remotely, and
whether any member will be physically present at the meeting site,
if any, for the executive session.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 15th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 6th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________