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An Act
ENROLLED HOUSE
BILL NO. 3278 By: Pfeiffer and McCane of the
House
and
Howard of the Senate
An Act relating to the Open Meeting Act; amending 25
O.S. 2021, Section 314, which relates to violations
of the Open Meeting Act; allowing the Attorney
General to enter into a consent order or issue a
finding of violation to a public body, agency, or
officer; providing consent order content; providing
findings content; allowing the Attorney General to
require proof of compliance; permitting application
to the district court for enforcement; providing
jurisdiction; requiring court order for compliance,
civil penalties, costs, and other remedies under
certain circumstances; requiring payment of attorney
fees for bad-faith violations; providing service
procedures; defining term; and providing an effective
date.
SUBJECT: Open Meeting Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 314, is
amended to read as follows:
Section 314. A. Any person or persons willfully violating any
of the provisions of this act the Open Meeting Act shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine not
exceeding Five Hundred Dollars ($500.00) or by imprisonment in the
county jail for a period not exceeding one (1) year or by both such
fine and imprisonment.
B. Following a violation of this act, any person:
ENR. H. B. NO. 3278 Page 2
1. May bring a civil suit for declarative or injunctive relief,
or both; and
2. If successful, shall be entitled to reasonable attorney
fees.
C. If the public body successfully defends a civil suit and the
court finds that the suit was clearly frivolous, the public body
shall be entitled to reasonable attorney fees.
D. In addition to criminal and civil penalties provided in this
section, the Attorney General may determine after an investigation,
by the greater weight of the evidence, that a public body, agency,
or officer has violated the Open Meeting Act, and may, at any time
prior to filing an action pursuant to subsection A of this section,
enter into a consent order with a public body, agency, or officer,
or may issue a finding of violation to a public body, agency, or
officer.
E. 1. If the Attorney General enters into a consent order with
a public body, agency, or officer, the consent order may contain
admissions of fact and any of the following:
a. for first-time violations after the effective date of
this act, required completion of training approved by
the Attorney General concerning the requirements of
the Open Meeting Act,
b. for subsequent violations after the effective date of
this act, imposed civil penalties up to One Hundred
Fifty Dollars ($150.00) for each violation, and
c. language that the public body will comply with the
Open Meeting Act.
2. The consent order shall bear the signature of the head of
the public body, agency, or any officer found to have violated the
Open Meeting Act, and of any other person required by the Attorney
General.
F. If the Attorney General issues a finding of violation to a
public body, agency, or officer, the finding may contain findings of
fact and conclusions of law and may require a public body, agency,
or officer to do any or all of the following:
ENR. H. B. NO. 3278 Page 3
1. Cease and desist from further violation of the Open Meeting
Act;
2. Comply with the provisions of the Open Meeting Act;
3. Complete training approved by the Attorney General
concerning the requirements of the Open Meeting Act; and
4. Pay a civil penalty in an amount not to exceed Three Hundred
Dollars ($300.00) for each violation.
G. The Attorney General may require submission of proof that
the requirements of any consent order or finding of violation have
been satisfied.
H. 1. The Attorney General may apply to the district court to
enforce a consent order or finding of violation. Prior to applying
to the district court, the Attorney General shall make a demand to
the public body, agency, or officer to comply with the consent order
or finding of violation and afford reasonable opportunity for the
public body, agency, or officer to cure the violation.
2. An enforcement action under paragraph 1 of this subsection
may be filed in the district court of the county where the consent
order or finding of violation is issued or is effective. The
district court of any county shall have jurisdiction to enforce any
consent order or finding of violation.
3. If the district court finds the Attorney General did not
abuse the discretion of the Attorney General in entering into the
consent order or issuing the finding of violation, the district
court shall enter an order that:
a. enjoins the public body, agency, or officer to comply
with the consent order or finding of violation,
b. imposes a civil penalty as provided for in this
section. The penalty shall be set by the court in an
amount not less than the amount recommended by the
Attorney General, nor more than Three Hundred Dollars
($300.00) for each violation,
c. requires the public body or agency to pay the court
costs and costs incurred by the Attorney General in
investigating the violation, and
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d. provides for any other remedy authorized by this
section that the court deems appropriate.
I. If a court finds in an enforcement action under subsection H
of this section, that any of the provisions of the Open Meeting Act
were violated, such court:
1. May require the public body or agency to pay the reasonable
attorney fees of the Attorney General; and
2. Shall require the public body or agency to pay the
reasonable attorney fees of the Attorney General, if the violation
by the public body or agency was not made in good faith and without
a reasonable basis in fact or law.
J. Any finding of violation issued by the Attorney General
under this section shall be served on the public body, agency, or
officer:
1. By certified mail, return receipt requested, to the last
known place of business, residence, or abode within or without this
state; or
2. In the manner provided under Section 2004 of Title 12 of the
Oklahoma Statutes.
K. The Attorney General shall maintain and make available for
public inspection, copying, and mechanical reproduction all consent
orders entered and all findings of violation issued pursuant to this
section.
L. For the purposes of this section, "district court" means:
1. For state agencies, boards, commissions, or members thereof,
the District Court of Oklahoma County; or
2. For county and municipal boards, commissions, or members
thereof, the district court in which the member or governing board
is primarily located.
SECTION 2. This act shall become effective January 1, 2027.
ENR. H. B. NO. 3278 Page 5
Passed the House of Representatives the 10th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
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: _________________________________