STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1243	By:	Holt

AS INTRODUCED

An Act relating to public bodies; amending 25 O.S. 2011, Sections 304 and 309, which relate to the Oklahoma Open Meeting Act; adding the Legislature and committees to definition of public body during legislative sessions; removing the Legislature from exclusion of definition of public body; specifying requirements applicable during legislative interim and to legislative caucuses; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     25 O.S. 2011, 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.  When the full Senate or House of Representatives or standing committees thereof meet during regular or special sessions, the full Senate, House of Representatives and standing committees thereof shall be included within the definition of 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, the Legislature, or 
c.	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,
d.	the multidisciplinary team provided for 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.  Furthermore, public body shall not include meetings conducted by, or
e.	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;
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 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; and
7.  "Videoconference" means a conference among members of a public body remote from one another who are linked by interactive telecommunication devices permitting both visual and auditory communication between and among members of the public body and members of the public.  During any videoconference both the visual and auditory communications functions of the device shall be utilized.  Whenever the term "teleconference" appears in any law in relation to a meeting of a public body, it shall be deemed to mean a videoconference as defined in this paragraph.
SECTION 2.     AMENDATORY     25 O.S. 2011, Section 309, is amended to read as follows:
Section 309.  The In addition to other requirements of the Oklahoma Open Meeting Act:
1.  During the legislative interim, committees of the Legislature shall conduct open meetings in accordance with rules to be adopted by each house thereof; and
2.  Although not public bodies as defined in Section 304.1 of this title, majority and minority caucuses of the Legislature meeting during regular or special sessions shall post notices of their closed meetings at least twelve (12) hours in advance.  No votes regarding pending legislation may be held at such caucus meetings unless they are open to the public.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-2899	CD	1/17/2012 12:30:20 PM