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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 564 By: Guthrie
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Open Meeting Act;
7 amending 25 O.S. 2021, Sections 304, as last amended
8 by Section 3, Chapter 237, O.S.L. 2024, and 307, as
8 last amended by Section 3, Chapter 180, O.S.L. 2024
9 (25 O.S. Supp. 2024, Sections 304 and 307), which
9 relate to definitions and executive sessions; adding
10 Judicial Nominating Commission to definition of
10 public body; establishing purposes for permissible
11 executive sessions; updating statutory reference; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 25 O.S. 2021, Section 304, as last
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16 amended by Section 3, Chapter 237, O.S.L. 2024 (25 O.S. Supp. 2024,
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17 Section 304), is amended to read as follows:
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18 Section 304. As used in the Oklahoma Open Meeting Act:
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19 1. "Public body" means the governing bodies of all
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20 municipalities located within this state, boards of county
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21 commissioners of the counties in this state, boards of public and
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22 higher education in this state and all boards, bureaus, commissions,
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23 agencies, trusteeships, authorities, councils, committees, public
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24 trusts or any entity created by a public trust including any
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1 committee or subcommittee composed of any of the members of a public
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2 trust or other legal entity receiving funds from the Rural Economic
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3 Action Plan Fund as authorized by Section 2007 of Title 62 of the
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4 Oklahoma Statutes, task forces or study groups in this state
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5 supported in whole or in part by public funds or entrusted with the
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6 expending of public funds, or administering public property, and
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7 shall include all committees or subcommittees of any public body.
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8 Public body shall include the Judicial Nominating Commission.
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9 Public body shall not include the state judiciary, the Council on
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10 Judicial Complaints when conducting, discussing, or deliberating any
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11 matter relating to a complaint received or filed with the Council,
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12 the Legislature, or administrative staffs of public bodies
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13 including, but not limited to, faculty meetings and athletic staff
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14 meetings of institutions of higher education when those staffs are
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15 not meeting with the public body, or entry-year assistance
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16 committees. Furthermore, public body shall not include the
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17 multidisciplinary teams provided for in Section 1-9-102 of Title 10A
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18 of the Oklahoma Statutes, in Section 10-115 of Title 43A of the
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19 Oklahoma Statutes, and in subsection C of Section 1-502.2 of Title
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20 63 of the Oklahoma Statutes or any school board meeting for the sole
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21 purpose of considering recommendations of a multidisciplinary team
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22 and deciding the placement of any child who is the subject of the
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23 recommendations. Furthermore, public body shall not include
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24 meetings conducted by stewards designated by the Oklahoma Horse
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1 Racing Commission pursuant to Section 203.4 of Title 3A of the
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2 Oklahoma Statutes when the stewards are officiating at races or
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3 otherwise enforcing rules of the Commission. Furthermore, public
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4 body shall not include the board of directors of a Federally
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5 Qualified Health Center or the postadjudication review boards
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6 provided for in Sections 1116.2 and 1116.3 of Title 10 of the
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7 Oklahoma Statutes;
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8 2. "Meeting" means the conduct of business of a public body by
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9 a majority of its members being personally together or, as
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10 authorized by Section 307.1 of this title, together pursuant to a
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11 videoconference. Meeting shall not include informal gatherings of a
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12 majority of the members of the public body when no business of the
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13 public body is discussed;
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14 3. "Regularly scheduled meeting" means a meeting at which the
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15 regular business of the public body is conducted;
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16 4. "Special meeting" means any meeting of a public body other
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17 than a regularly scheduled meeting or emergency meeting;
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18 5. "Emergency meeting" means any meeting called for the purpose
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19 of dealing with an emergency. For purposes of the Oklahoma Open
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20 Meeting Act, an emergency is defined as a situation involving injury
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21 to persons or injury and damage to public or personal property or
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22 immediate financial loss when the time requirements for public
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23 notice of a special meeting would make such procedure impractical
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1 and increase the likelihood of injury or damage or immediate
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2 financial loss;
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3 6. "Continued or reconvened meeting" means a meeting which is
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4 assembled for the purpose of finishing business appearing on an
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5 agenda of a previous meeting. For the purposes of the Oklahoma Open
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6 Meeting Act, only matters on the agenda of the previous meeting at
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7 which the announcement of the continuance is made may be discussed
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8 at a continued or reconvened meeting;
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9 7. "Videoconference" means a conference among members of a
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10 public body remote from one another who are linked by interactive
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11 telecommunication devices or technology and/or technology permitting
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12 both visual and auditory communication between and among members of
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13 the public body and/or between and among members of the public body
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14 and members of the public. During any videoconference, both the
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15 visual and auditory communications functions shall attempt to be
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16 utilized; and
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17 8. "Teleconference" means a conference among members of a
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18 public body remote from one another who are linked by
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19 telecommunication devices and/or technology permitting auditory
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20 communication between and among members of the public body and/or
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21 between and among members of the public body and members of the
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22 public.
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1 SECTION 2. AMENDATORY 25 O.S. 2021, Section 307, as last
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2 amended by Section 3, Chapter 180, O.S.L. 2024 (25 O.S. Supp. 2024,
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3 Section 307), is amended to read as follows:
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4 Section 307. A. No public body shall hold executive sessions
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5 unless otherwise specifically provided in this section.
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6 B. Executive sessions of public bodies will be permitted only
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7 for the purpose of:
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8 1. Discussing the employment, hiring, appointment, promotion,
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9 demotion, disciplining or resignation of any individual salaried
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10 public officer or employee;
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11 2. Discussing negotiations concerning employees and
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12 representatives of employee groups;
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13 3. Discussing the purchase or appraisal of real property;
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14 4. Confidential communications between a public body and its
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15 attorney concerning a pending investigation, claim, or action if the
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16 public body, with the advice of its attorney, determines that
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17 disclosure will seriously impair the ability of the public body to
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18 process the claim or conduct a pending investigation, litigation, or
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19 proceeding in the public interest;
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20 5. Permitting district boards of education to hear evidence and
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21 discuss the expulsion or suspension of a student when requested by
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22 the student involved or the student's parent, attorney or legal
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23 guardian;
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24 6. Discussing matters involving a specific disabled child;
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1 7. Discussing any matter where disclosure of information would
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2 violate confidentiality requirements of state or federal law;
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3 8. Engaging in deliberations or rendering a final or
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4 intermediate decision in an individual proceeding pursuant to
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5 Article II of the Administrative Procedures Act;
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6 9. Discussing matters involving safety and security at state
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7 penal institutions or correctional facilities used to house state
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8 inmates;
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9 10. Discussing contract negotiations involving contracts
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10 requiring approval of the State Board of Corrections, which shall be
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11 limited to members of the public body, the attorney for the public
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12 body, and the immediate staff of the public body. No person who may
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13 profit directly or indirectly by a proposed transaction which is
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14 under consideration may be present or participate in the executive
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15 session;
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16 11. Discussing the following:
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17 a. the investigation of a plan or scheme to commit an act
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18 of terrorism,
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19 b. assessments of the vulnerability of government
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20 facilities or public improvements to an act of
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21 terrorism,
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22 c. plans for deterrence or prevention of or protection
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23 from an act of terrorism,
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1 d. plans for response or remediation after an act of
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2 terrorism,
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3 e. information technology of the public body but only if
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4 the discussion specifically identifies:
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5 (1) design or functional schematics that demonstrate
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6 the relationship or connections between devices
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7 or systems,
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8 (2) system configuration information,
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9 (3) security monitoring and response equipment
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10 placement and configuration,
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11 (4) specific location or placement of systems,
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12 components or devices,
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13 (5) system identification numbers, names, or
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14 connecting circuits,
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15 (6) business continuity and disaster planning, or
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16 response plans, or
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17 (7) investigation information directly related to
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18 security penetrations or denial of services,
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19 f. the investigation of an act of terrorism that has
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20 already been committed, or
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21 g. for the purposes of this paragraph, the term
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22 "terrorism" means any act encompassed by the
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23 definitions set forth in Section 1268.1 of Title 21 of
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24 the Oklahoma Statutes; or
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1 12. Reviewing and discussing mental health documents related to
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2 a licensee under investigation or review by a professional licensing
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3 board if:
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4 a. the executive session is held only to review or
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5 discuss mental health documents directly related to
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6 the licensee or to receive testimony from relevant
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7 witnesses as necessary for the board to make a
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8 determination in the matter,
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9 b. the documents reviewed or discussed are kept
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10 confidential, privileged and not discoverable in civil
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11 actions, and not made available to the public, and
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12 c. the licensee is given the opportunity to be present
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13 during any witness testimony or discussion of the
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14 mental health documents.
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15 C. Notwithstanding the provisions of subsection B of this
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16 section, the following public bodies may hold executive sessions:
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17 1. The Banking Board, as provided for under Section 306.1 of
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18 Title 6 of the Oklahoma Statutes;
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19 2. The Oklahoma Industrial Finance Authority, as provided for
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20 in Section 854 of Title 74 of the Oklahoma Statutes;
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21 3. The Oklahoma Development Finance Authority, as provided for
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22 in Section 5062.6 of Title 74 of the Oklahoma Statutes;
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1 4. The Oklahoma Center for the Advancement of Science and
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2 Technology, as provided for in Section 5060.7 of Title 74 of the
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3 Oklahoma Statutes;
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4 5. The Oklahoma Health Research Committee for purposes of
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5 conferring on matters pertaining to research and development of
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6 products, if public disclosure of the matter discussed would
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7 interfere with the development of patents, copyrights, products, or
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8 services;
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9 6. The Oklahoma Workers' Compensation Commission for the
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10 purposes provided for in Section 22 of Title 85A of the Oklahoma
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11 Statutes;
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12 7. A review committee, as provided for in Section 855 of Title
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13 62 of the Oklahoma Statutes;
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14 8. The Child Death Review Board for purposes of receiving and
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15 conferring on matters pertaining to materials declared confidential
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16 by law;
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17 9. The Domestic Violence Fatality Review Board as provided in
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18 Section 1601 of Title 22 of the Oklahoma Statutes;
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19 10. The Opioid Overdose Fatality Review Board, as provided in
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20 Section 2-1001 of Title 63 of the Oklahoma Statutes;
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21 11. All nonprofit foundations, boards, bureaus, commissions,
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22 agencies, trusteeships, authorities, councils, committees, public
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23 trusts, task forces or study groups supported in whole or part by
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24 public funds or entrusted with the expenditure of public funds for
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1 purposes of conferring on matters pertaining to economic development
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2 including the transfer of property, financing, or the creation of a
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3 proposal to entice a business to remain or to locate within their
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4 jurisdiction if public disclosure of the matter discussed would
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5 interfere with the development of products or services or if public
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6 disclosure would violate the confidentiality of the business;
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7 12. The Oklahoma Indigent Defense System Board for purposes of
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8 discussing negotiating strategies in connection with making possible
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9 counteroffers to offers to contract to provide legal representation
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10 to indigent criminal defendants and indigent juveniles in cases for
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11 which the System must provide representation pursuant to the
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12 provisions of the Indigent Defense Act;
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13 13. The Quality Investment Committee for purposes of discussing
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14 applications and confidential materials pursuant to the terms of the
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15 Oklahoma Quality Investment Act;
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16 14. The Oklahoma Municipal Power Authority established pursuant
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17 to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and
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18 in its role as an electric utility regulated by the federal
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19 government, for purposes of discussing security plans and procedures
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20 including, but not limited to, cybersecurity matters;
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21 15. The Oklahoma Tax Commission for purposes of discussing
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22 confidential taxpayer matters as provided in Section 205 of Title 68
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23 of the Oklahoma Statutes, and in compliance with subsection E of
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24 this section; and
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1 16. The Sexual Assault Forensic Evidence (SAFE) Board as
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2 provided in Section 1 143 of this act Title 21 of the Oklahoma
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3 Statutes; and
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4 17. The Judicial Nominating Commission for the purposes of
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5 discussing the merits and qualifications of candidates for judicial
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6 office to determine which candidates will be interviewed or solely
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7 to meet with a candidate to discuss confidential information
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8 relating to financial disclosure information or background checks.
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9 Candidate interviews shall not be conducted in executive sessions
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10 and Commissioners shall not vote or indicate how they intend to vote
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11 in executive sessions.
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12 D. Except as otherwise specified in this subsection, an
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13 executive session for the purpose of discussing the purchase or
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14 appraisal of real property shall be limited to members of the public
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15 body, the attorney for the public body and the immediate staff of
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16 the public body. No landowner, real estate salesperson, broker,
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17 developer or any other person who may profit directly or indirectly
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18 by a proposed transaction concerning real property which is under
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19 consideration may be present or participate in the executive
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20 session, unless they are operating under an existing agreement to
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21 represent the public body.
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22 E. No public body may go into an executive session unless the
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23 following procedures are strictly complied with:
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1 1. The proposed executive session is noted on the agenda as
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2 provided in Section 311 of this title;
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3 2. The executive session is authorized by a majority vote of a
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4 quorum of the members present and the vote is a recorded vote; and
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5 3. Except for matters considered in executive sessions of the
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6 Banking Board and the Oklahoma Tax Commission, and which are
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7 required by state or federal law to be confidential, any vote or
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8 action on any item of business considered in an executive session
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9 shall be taken in public meeting with the vote of each member
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10 publicly cast and recorded.
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11 F. A willful violation of the provisions of this section shall:
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12 1. Subject each member of the public body to criminal sanctions
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13 as provided in Section 314 of this title; and
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14 2. Cause the minutes and all other records of the executive
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15 session including tape recordings, to be immediately made public.
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16 SECTION 3. This act shall become effective November 1, 2025.
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Req. No. 1084 Page 12Every fact on this page links to its source, starting with the official bill record.