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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3842 By: Gann
AS INTRODUCED
An Act relating to state government; enacting the
Legislative Transparency, Accountability, and Open
Meetings Act of 2026; requiring Legislature and
certain legislative entities to be subject to the
Oklahoma Open Meeting Act; prescribing procedures for
meeting notices; imposing requirements related to
observation and recording; prescribing procedures
related to receipt of things of value from lobbyists;
requiring Lobbyist Impact Statement; prescribing
content of statement; providing for penalties for
failure to file statement; imposing requirements
related to certain nondisclosure agreements;
prescribing requirements for disclosure; prohibiting
certain effects of nondisclosure agreements;
prescribing penalties; prohibiting requirements
imposed by certain governmental entities; providing
for penalties; providing for nullification of
statutes, rules, policies or legislative order;
amending 25 O.S. 2021, Section 304, as last amended
by Section 2, Chapter 369, O.S.L. 2025 (25 O.S. Supp.
2025, Section 304), which relates to the Oklahoma
Open Meeting Act; modifying definitions; providing
for codification; providing for noncodification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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This act shall be known and may be cited as the "Legislative
Transparency, Accountability, and Open Meetings Act of 2026".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 470.1 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Applicability of the Open Meeting Act to the Legislature
1. The Oklahoma House of Representatives, the Oklahoma State
Senate, all standing and special committees, joint committees,
conference committees, task forces, working groups, interim studies,
and any body created by either chamber for the purpose of conducting
public business shall be subject to the Oklahoma Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes.
2. All meetings described in paragraph 1 of this section shall:
a. provide advance public notice as required by Section
311 of Title 25 of the Oklahoma Statutes,
b. maintain agendas stating all items of business to be
conducted,
c. permit public observation and recording of the
meeting, and
d. maintain minutes or audio/video records which shall be
posted online within seven (7) days.
3. No vote of any legislative body shall be taken in any
setting not compliant with the Oklahoma Open Meeting Act except for
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constitutionally authorized caucus meetings in which no official
action or procedural vote is taken.
4. Any action taken in violation of this section shall be
invalid and without force of law.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 470.2 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Lobbyist Compensation or Financial Influence Disclosure
1. Any member of the Legislature who, within the preceding
twelve (12) months, has received:
a. campaign contributions,
b. gifts, meals, travel, or anything of value reportable
under Ethics Commission rules, or
c. any financial transfer, benefit, or in-kind support,
from a registered lobbyist or lobbyist principal that materially
relates to a bill or resolution authored, coauthored, sponsored, or
advocated by the member shall file a Lobbyist Impact Statement
(LIS).
2. A Lobbyist Impact Statement shall:
a. be filed with the Chief Clerk of the Oklahoma House of
Representatives or the Secretary of the Senate within
five (5) days of bill filing or assumption of
authorship,
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b. identify each lobbyist or principal involved, the
nature and amount of the benefit received, and the
connection to the bill,
c. be posted publicly on the Legislature's website with
the bill text.
3. Failure to file a required LIS shall constitute:
a. an ethics violation,
b. grounds for removal from committee assignments until
remedied, and
c. a misdemeanor punishable by a fine of One Thousand
Dollars ($1,000.00).
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 470.3 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Mandatory Disclosure of Nondisclosure Agreements
A. Disclosure Requirement
1. Any legislator who signs a nondisclosure agreement,
confidentiality agreement, or similar document:
a. whether or not authorized by statute,
b. whether pursuant to Section 5090.1 of Title 74 of the
Oklahoma Statutes, or any other law,
c. whether required by an executive agency, political
subdivision, contractor, lobbyist, or private party,
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shall file an NDA Disclosure Statement within five (5) business
days.
2. The disclosure shall identify:
a. the entity requesting the nondisclosure agreement,
b. the statutory or contractual basis asserted for the
nondisclosure agreement,
c. the bill, project, incentive package, or subject
matter associated with the nondisclosure agreement,
and
d. the duration and scope of the confidentiality
obligation.
3. All nondisclosure agreement disclosures shall be public
records, posted on the Legislature's website.
B. Prohibited Effects of Nondisclosure Agreements
1. No nondisclosure agreement may restrict a legislator's
ability to:
a communicate with constituents,
b. disclose information necessary to legislative
deliberation,
c. vote on legislation or appropriations,
d. inform other elected officials or staff of issues
arising from their official duties.
2. Any nondisclosure agreement purporting to impose such
restrictions is void as against public policy.
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C. Penalties
Failure to file a nondisclosure agreement disclosure shall
constitute a misdemeanor punishable by a fine of One Thousand
Dollars ($1,000.00) and removal from committee assignments until
disclosure is complete.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 470.4 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Prohibition on Unauthorized Requirements Imposed on Legislators
A. No state agency, public trust, authority, board, commission,
political subdivision, or state contractor shall require any
legislator to sign:
1. A nondisclosure agreement;
2. A confidentiality covenant;
3. A waiver of rights; or
4. Any other condition or restriction,
as a prerequisite to meeting, receiving information, participating
in economic development discussions, viewing documents, or
performing legislative duties unless expressly authorized by statute
or administrative rule adopted pursuant to the Administrative
Procedures Act.
B. Any such attempt is void, unenforceable, and constitutes an
unlawful obstruction of legislative oversight.
C. Any agency that violates this section shall be subject to:
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1. Referral to the Attorney General for enforcement;
2. Audit by the State Auditor and Inspector; and
3. Legislative sanctions, including appropriations limitations.
SECTION 6. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
Any statute, rule, policy, or legislative order inconsistent
with this act is hereby repealed to the extent of the conflict.
SECTION 7. AMENDATORY 25 O.S. 2021, Section 304, as last
amended by Section 2, Chapter 369, O.S.L. 2025 (25 O.S. Supp. 2025,
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.
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"Public body" includes the Oklahoma Senate, the Oklahoma House of
Representatives, all committees, task forces, working groups, and
conference committees, except as constitutionally exempted for
caucus meetings in which no official action is taken.
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,
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,
e.
d. 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
multidisciplinary team and deciding the placement of
any child who is the subject of the recommendations,
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f.
e. 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,
g.
f. 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.
g. 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;
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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
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, or technology permitting
both visual and auditory communication between and among members of
the public body 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
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8. "Teleconference" means a conference among members of a
public body remote from one another who are linked by
telecommunication devices or technology permitting auditory
communication between and among members of the public body or
between and among members of the public body and members of the
public.
SECTION 8. This act shall become effective July 1, 2026.
SECTION 9. 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.
60-2-15927 MAH 01/14/26