Bill Text For HB1371 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 1371                      By: West (Tammy)                  |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to the Oklahoma Open Meeting Act;               |
  |       amending 25 O.S. 2021, Section 307, as amended by               |
 8|       Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp.              |
  |       2022, Section 307), which relates to executive                  |
 9|       sessions; authorizing executive sessions related to             |
  |       self-evaluation by public body; and providing an                |
10|       effective date.                                                 |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     25 O.S. 2021, Section 307, as        |
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15|amended by Section 1, Chapter 182, O.S.L. 2022 (25 O.S. Supp. 2022,    |
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16|Section 307), is amended to read as follows:                           |
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17|    Section 307.  A.  No public body shall hold executive sessions     |
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18|unless otherwise specifically provided in this section.                |
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19|    B.  Executive sessions of public bodies will be permitted only     |
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20|for the purpose of:                                                    |
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21|    1.  Discussing the employment, hiring, appointment, promotion,     |
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22|demotion, disciplining or resignation of any individual salaried       |
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23|public officer or employee;                                            |
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   Req. No. 6593                                                   Page 1
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 1|    2.  Discussing negotiations concerning employees and               |
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 2|representatives of employee groups;                                    |
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 3|    3.  Discussing the purchase or appraisal of real property;         |
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 4|    4.  Confidential communications between a public body and its      |
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 5|attorney concerning a pending investigation, claim, or action if the   |
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 6|public body, with the advice of its attorney, determines that          |
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 7|disclosure will seriously impair the ability of the public body to     |
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 8|process the claim or conduct a pending investigation, litigation, or   |
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 9|proceeding in the public interest;                                     |
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10|    5.  Permitting district boards of education to hear evidence and   |
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11|discuss the expulsion or suspension of a student when requested by     |
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12|the student involved or the student's parent, attorney or legal        |
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13|guardian;                                                              |
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14|    6.  Discussing matters involving a specific handicapped child;     |
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15|    7.  Discussing any matter where disclosure of information would    |
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16|violate confidentiality requirements of state or federal law;          |
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17|    8.  Engaging in deliberations or rendering a final or              |
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18|intermediate decision in an individual proceeding pursuant to          |
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19|Article II of the Administrative Procedures Act;                       |
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20|    9.  Discussing matters involving safety and security at state      |
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21|penal institutions or correctional facilities used to house state      |
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22|inmates;                                                               |
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23|    10.  Discussing contract negotiations involving contracts          |
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24|requiring approval of the State Board of Corrections, which shall be   |
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   Req. No. 6593                                                   Page 2
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 1|limited to members of the public body, the attorney for the public     |
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 2|body, and the immediate staff of the public body.  No person who may   |
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 3|profit directly or indirectly by a proposed transaction which is       |
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 4|under consideration may be present or participate in the executive     |
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 5|session; or                                                            |
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 6|    11.  Discussing the following:                                     |
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 7|         a.    the investigation of a plan or scheme to commit an      |
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 8|              act of terrorism,                                        |
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 9|         b.    assessments of the vulnerability of government          |
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10|              facilities or public improvements to an act of           |
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11|              terrorism,                                               |
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12|         c.    plans for deterrence or prevention of or protection     |
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13|              from an act of terrorism,                                |
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14|         d.    plans for response or remediation after an act of       |
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15|              terrorism,                                               |
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16|         e.    information technology of the public body but only if   |
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17|              the discussion specifically identifies:                  |
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18|              (1)   design or functional schematics that demonstrate   |
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19|                   the relationship or connections between devices     |
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20|                   or systems,                                         |
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21|              (2)   system configuration information,                  |
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22|              (3)   security monitoring and response equipment         |
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23|                   placement and configuration,                        |
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   Req. No. 6593                                                   Page 3
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 1|              (4)   specific location or placement of systems,         |
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 2|                   components or devices,                              |
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 3|              (5)   system identification numbers, names, or           |
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 4|                   connecting circuits,                                |
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 5|              (6)   business continuity and disaster planning, or      |
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 6|                   response plans, or                                  |
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 7|              (7)   investigation information directly related to      |
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 8|                   security penetrations or denial of services, or     |
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 9|         f.    the investigation of an act of terrorism that has       |
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10|              already been committed; or                               |
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11|    12.  Self-evaluation of the public body.                           |
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12|For the purposes of this subsection, the term "terrorism" means any    |
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13|act encompassed by the definitions set forth in Section 1268.1 of      |
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14|Title 21 of the Oklahoma Statutes.                                     |
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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 State Banking Board, as provided for under Section 306.1   |
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18|of 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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   Req. No. 6593                                                   Page 4
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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 Workers' Compensation Commission for the purposes          |
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10|provided for in Section 20 of Title 85A of the Oklahoma Statutes;      |
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11|    7.  A review committee, as provided for in Section 855 of Title    |
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12|62 of the Oklahoma Statutes;                                           |
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13|    8.  The Child Death Review Board for purposes of receiving and     |
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14|conferring on matters pertaining to materials declared confidential    |
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15|by law;                                                                |
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16|    9.  The Domestic Violence Fatality Review Board as provided in     |
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17|Section 1601 of Title 22 of the Oklahoma Statutes;                     |
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18|    10.  The Opioid Overdose Fatality Review Board, as provided in     |
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19|Section 2-1001 of Title 63 of the Oklahoma Statutes;                   |
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20|    11.  All nonprofit foundations, boards, bureaus, commissions,      |
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21|agencies, trusteeships, authorities, councils, committees, public      |
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22|trusts, task forces or study groups supported in whole or part by      |
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23|public funds or entrusted with the expenditure of public funds for     |
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24|purposes of conferring on matters pertaining to economic development   |
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   Req. No. 6593                                                   Page 5
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 1|including the transfer of property, financing, or the creation of a    |
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 2|proposal to entice a business to remain or to locate within their      |
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 3|jurisdiction if public disclosure of the matter discussed would        |
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 4|interfere with the development of products or services or if public    |
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 5|disclosure would violate the confidentiality of the business;          |
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 6|    12.  The Oklahoma Indigent Defense System Board for purposes of    |
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 7|discussing negotiating strategies in connection with making possible   |
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 8|counteroffers to offers to contract to provide legal representation    |
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 9|to indigent criminal defendants and indigent juveniles in cases for    |
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10|which the System must provide representation pursuant to the           |
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11|provisions of the Indigent Defense Act;                                |
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12|    13.  The Quality Investment Committee for purposes of discussing   |
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13|applications and confidential materials pursuant to the terms of the   |
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14|Oklahoma Quality Investment Act;                                       |
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15|    14.  The Oklahoma Municipal Power Authority established pursuant   |
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16|to Section 24-101 et seq. of Title 11 of the Oklahoma Statutes and     |
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17|in its role as an electric utility regulated by the federal            |
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18|government, for purposes of discussing security plans and procedures   |
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19|including, but not limited to, cybersecurity matters; and              |
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20|    15.  The Oklahoma Tax Commission for purposes of discussing        |
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21|confidential taxpayer matters as provided in Section 205 of Title 68   |
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22|of the Oklahoma Statutes, and in compliance with subsection E of       |
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23|this section.                                                          |
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   Req. No. 6593                                                   Page 6
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 1|    D.  Except as otherwise specified in this subsection, an           |
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 2|executive session for the purpose of discussing the purchase or        |
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 3|appraisal of real property shall be limited to members of the public   |
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 4|body, the attorney for the public body and the immediate staff of      |
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 5|the public body.  No landowner, real estate salesperson, broker,       |
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 6|developer or any other person who may profit directly or indirectly    |
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 7|by a proposed transaction concerning real property which is under      |
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 8|consideration may be present or participate in the executive           |
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 9|session, unless they are operating under an existing agreement to      |
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10|represent the public body.                                             |
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11|    E.  No public body may go into an executive session unless the     |
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12|following procedures are strictly complied with:                       |
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13|    1.  The proposed executive session is noted on the agenda as       |
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14|provided in Section 311 of this title;                                 |
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15|    2.  The executive session is authorized by a majority vote of a    |
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16|quorum of the members present and the vote is a recorded vote; and     |
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17|    3.  Except for matters considered in executive sessions of the     |
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18|State Banking Board and the Oklahoma Tax Commission, and which are     |
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19|required by state or federal law to be confidential, any vote or       |
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20|action on any item of business considered in an executive session      |
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21|shall be taken in public meeting with the vote of each member          |
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22|publicly cast and recorded.                                            |
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23|    F.  A willful violation of the provisions of this section shall:   |
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   Req. No. 6593                                                   Page 7
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 1|    1.  Subject each member of the public body to criminal sanctions   |
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 2|as provided in Section 314 of this title; and                          |
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 3|    2.  Cause the minutes and all other records of the executive       |
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 4|session including tape recordings, to be immediately made public.      |
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 5|    SECTION 2.  This act shall become effective November 1, 2023.      |
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 7|    59-1-6593      MAH    01/11/23                                     |
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   Req. No. 6593                                                   Page 8
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