STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 766	By:	Ford

AS INTRODUCED

An Act relating to open meetings; amending 25 O.S. 2001, Sections 304, as last amended by Section 4, Chapter 378, O.S.L. 2010, and 307.1, as last amended by Section 2, Chapter 142, O.S.L. 2007 (25 O.S. Supp. 2010, Sections 304 and 307.1), which relate to definitions and videoconferences; modifying definitions; authorizing certain bodies to conduct meetings by audioconference; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     25 O.S. 2001, Section 304, as last amended by Section 4, Chapter 378, O.S.L. 2010 (25 O.S. Supp. 2010, 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 the state judiciary, 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 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 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 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 a limited support body as defined pursuant to paragraph 8 of this section;
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, or a limited support body by a quorum of its members, as determined by such body’s bylaws, being personally together or, as authorized by Section 307.1 of this title, together by audioconference.  Meeting shall not include informal gatherings of a majority of the members of the public body or limited support body when no business of the public body or limited support body is discussed;
3.  “Regularly scheduled meeting” means a meeting at which the regular business of the public body or limited support body is conducted;
4.  “Special meeting” means any meeting of a public body or limited support 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;
8.  “Limited support body” means the governing body, board, commission, trusteeship, authority, council or committee of any nonprofit organization in this state that is supported in part by public funds and the public funds provided constitute less than fifteen percent (15%) of the total revenues of such body in its fiscal year; and
9.  “Audioconference” means a conference among members of a limited support body remote from one another who are linked by interactive communication devices permitting auditory communication between and among members of the limited support body and members of the public.
SECTION 2.     AMENDATORY     25 O.S. 2001, Section 307.1, as last amended by Section 2, Chapter 142, O.S.L. 2007 (25 O.S. Supp. 2010, 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.  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;
2.  The meeting notice and agenda prepared in advance of the meeting, as required by law, shall indicate 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 materials shared electronically between members of the public 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.  No public body shall conduct an executive session by videoconference.
C.  Any limited support body may conduct a meeting or executive session by audioconference.  Members calling in shall identify themselves as they join the meeting.  Any materials shared electronically between members of the limited support body before or during the audioconference shall also be immediately available to the public in the same form and manner as shared with members of the limited support body.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-914	TEK	1/19/2011 8:24:46 PM