2018), Sec. A meeting may take place by teleconference (either audio only or both audio and video), but the meeting must (1) comply with all of the other requirements of the open meetings laws (e.g., notice requirements); (2) be audible to the public at the location specified in the notice of the open meeting; (3) have at least one member of the government If a problem occurs that causes a meeting to no longer be visible and audible to the public at that location, the meeting must be recessed until the problem is resolved. 27), Sec. A governmental body that is investigating a matter may exclude a witness from a hearing during the examination of another witness in the investigation. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. (d) The validity of a posted notice of a meeting or an agenda by a governmental body or economic development corporation subject to this section that made a good faith attempt to comply with the requirements of this section is not affected by a failure to comply with a requirement of this section that is due to a technical problem beyond the control of the governmental body or economic development corporation. City of Elkhorn v. (b-3) A governmental body described by Subsection (b-1) that maintains an Internet site shall make available on that site, in a conspicuous manner: (1) the archived recording of each meeting to which Subsection (b-1) applies; or. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Laws and Regulations Affecting Oklahoma Libraries, Oklahoma Historical Records Advisory Board, Schedule Appointment for Special Collections, Public Libraries - (County and Municipal), Library Services and Technology Act (LSTA), Statutes and Rules: Oklahoma Department of Libraries, Statutes and Rules: Public Libraries - (County), Statutes and Rules: Public Libraries - (County and Municipal), Vote by Electronic or Telephonic Communications, Meeting between Governor and Majority Members of Public Body, Executive Sessions, Legislative Committee Members Attending, Actions Taken in Willful Violation of Act. (h) The location specified under Subsection (e), and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law. May 18, 2013. (a) This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to: (1) receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in: (A) a private business entity, if disclosure of the information would give advantage to a competitor; or, (B) a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. Acts 2007, 80th Leg., R.S., Ch. The new Open Meetings Act, which replaces the old "Sunshine Law," provides you with greater access to your state and local government. (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and. 1084, Sec. September 1, 2017. May 18, 2013. (e) With respect to municipally owned utilities subject to this section, this section shall apply whether or not the municipally owned utility has adopted customer choice or serves in a multiply certificated service area under the Utilities Code. See, e.g., 89 1306), Sec. GOVERNING BOARD OF INSTITUTION OF HIGHER EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE ACTION. Sec. Acts 2005, 79th Leg., Ch. Sec. KNOW YOUR RIGHTS: Open Meetings in RI RI's Open Meetings Act (R.I. General Laws 42-46 et. 18.23, eff. September 1, 2019. 1343), Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 551.088. The Brown Act is contained in section 54950 et seq. (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 551.053. 551.081. CREDIT UNION COMMISSION. 494), Sec. Acts 2013, 83rd Leg., R.S., Ch. 551.002. May 23, 2015. Sec. Oklahoma City, OK 73105, Office Hours: (a) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sec. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING. 622, Sec. Sept. 1, 1997. 1613), Sec. (3) either provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. Closed Session 21 s A. This pamphlet concerns the provisions of the Ralph M. Brown Act, which govern open meetings for local government bodies. 1341 (S.B. posting it on the agency . We look forward to your attendance. (5) penalties and other consequences for failure to comply with this chapter. RECORDING OF MEETING BY PERSON IN ATTENDANCE. 312, Sec. September 1, 2009. REGULAR MEETING POSTING REQUIREMENTS Public bodies which have a regular meeting schedule (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. MEETING NOTICE REQUIREMENTS IN CERTAIN CIRCUMSTANCES. 1, eff. ENFORCEMENT COMMITTEE APPOINTED BY TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (d) For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed. A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter. Sec. Aug. 28, 1995. CLOSED MEETING; OFFENSE; PENALTY. 244), Sec. The training must include instruction in: (1) the general background of the legal requirements for open meetings; (2) the applicability of this chapter to governmental bodies; (3) procedures and requirements regarding quorums, notice, and recordkeeping under this chapter; (4) procedures and requirements for holding an open meeting and for holding a closed meeting under this chapter; and. 551.102. These events are open to all interested members and staff of state and local governments, school boards, commissions, media, and the general public. (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. 1440), Sec. 1046), Sec. Sept. 1, 1993. Acts 2009, 81st Leg., R.S., Ch. Though the trainings are offered at NO CHARGE, we do ask that you RSVP to Heather Sandoval at roadshows@nmag.gov or by telephone at (505) 717-3581. 268, Sec. 551.104. June 14, 2013. Who is subject to OMA? Added by Acts 2013, 83rd Leg., R.S., Ch. (f) Each part of the telephone conference call meeting that is required to be open to the public must be: (1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) broadcast over the Internet in the manner prescribed by Section 551.128; and. (a) In this section, "board" means the Texas Higher Education Coordinating Board. GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. Renumbered from Sec. Emergency Meetings or Emergency Additions to the Agenda Posted for 1 hour before the meeting is convened Special Notice to news media of emergency By telephone, facsimile or electronic mail at least 1 hour before 551.041; 551.0411; 551.0415;551.042; 551.045 Posting requirements Shall post notice of each meeting on a bulletin board 11.120, eff. Added by Acts 1993, 73rd Leg., ch. (b) The presiding officer or member is required to notify only those members of the news media that have previously: (1) filed at the headquarters of the governmental body a request containing all pertinent information for the special notice; and. Times and places for meetings Emergencies Exception. CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY. Acts 2007, 80th Leg., R.S., Ch. May 18, 2013. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. 471), Sec. 306 Vote by Electronic or Telephonic Communications, 25 O.S. 551.0726. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view notices of meetings posted by the secretary of state. Sept. 1, 1995. INQUIRY MADE AT MEETING. Committees that are appointed by the June 4, 2001. 551.074. 268, Sec. 1147 (H.B. 87 (S.B. (c) The presiding officer or member shall give the notice by telephone, facsimile transmission, or electronic mail at least one hour before the meeting is convened. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting. 1, eff. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the school board, the school district, or a school in the school district that the directory information should not be released without prior consent. 471), Sec. school district made a good faith attempt to comply with the posting requirements. 551.128. Whenever, a governmental body receives a briefing from staff, a notice of an open meeting must be posted. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. ATTENDANCE BY GOVERNMENTAL BODY AT LEGISLATIVE COMMITTEE OR AGENCY MEETING. 42.30.075. Sept. 1, 1993. (d) The notice of the telephone conference call meeting must specify as the location of the meeting the location where meetings of the governmental body are usually held. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. The information below details Neb. This article shall be known and may be cited as the Common Interest Development Open Meeting Act. Amended by Acts 1999, 76th Leg., ch. Requirements . Open Public Meetings Act does not apply. June 17, 2011. 551.079. 1, eff. Added by Acts 1993, 73rd Leg., ch. Sec. (d) A recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. Sec. Attorneys General & Land Grant-Merced and Acequia Historical Gallery and Repository, Land Grant-Merced and Acequia Historical Gallery & Repository, Opinion Request Preliminary Approvals Under the Water Use Leasing Act, 1.24.25 NMAC Default Procedural Rule for Rulemaking, Attorney General Advisory on Janus Decision, Study Law Enforcement Body Camera Issues Stakeholders Summary Report, Jerry Jay Sentenced to 33 Years in Prison for the Murder of, New Mexico Attorney General Ral Torrez and Senator Antonio Maestas Present the Tyler Lackey Memorial Bill. Please extend this invitation to others who may benefit from learning and understanding New Mexicos Sunshine Laws. 471), Sec. Acts 2007, 80th Leg., R.S., Ch. 52-4-201 Meetings open to the public -- Exceptions. 1, eff. 538 (S.B. 87 (S.B. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. (3) record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website. (b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter: (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (B) reasonable attorney fees and court costs; and. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. If not, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply. 307.1 Videoconference Exceptions May 23, 1995. May 18, 2013. 679), Sec. 3, eff. (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority, county hospital, county hospital authority, hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101, Health and Safety Code, to conduct an open meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or. 3357), Sec. This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. Added by Acts 2013, 83rd Leg., R.S., Ch. (d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity. 1420, Sec. 87 (S.B. 1, eff. 551.145. Sec. 209, Sec. May 18, 2013. 471), Sec. Meetings Act, KRS 61.800 to 61.850, and the Open Records Act, KRS 61.870 to 61.884, and contains basic information about the Acts. 32, eff. June 14, 2013. 551.086. June 15, 2007. (a-1) A member or employee of a governmental body may participate remotely in a meeting of the governmental body by means of a videoconference call if the video and audio feed of the member's or employee's participation, as applicable, is broadcast live at the meeting and complies with the provisions of this section. Sec. 645 (S.B. The public must be given proper notice of such meetings and afforded the opportunity to review recordings of public . Amended by Acts 2001, 77th Leg., ch. INVESTIGATION; EXCLUSION OF WITNESS FROM HEARING. In Illinois, our most important transparency laws the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA) - endeavor to open the workings of government to the public, shed light on government actions and, in the process, strengthen our democracy. ACTION VOIDABLE. Added by Acts 1995, 74th Leg., ch. Added by Acts 2003, 78th Leg., ch. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 1, eff. If post to website, you must also . The Division enforces the Act by investigating and responding to written complaints from citizens. (b) A joint board created under Section 22.074, Transportation Code, shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the board's administrative offices. 685 (H.B. (b) Each part of a public consultation by a governmental body with its attorney in an open meeting of the governmental body under Subsection (a) must be audible to the public at the location specified in the notice of the meeting as the location of the meeting. September 1, 2005. (e) The governmental body may not vote or take any action that is required to be taken at a meeting under this chapter of the governmental body by posting a communication to the online message board or similar Internet application. (a) This section applies only to the commissioners court of a county: (1) for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency; and. A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. (b) An offense under Subsection (a) is a Class C misdemeanor. The Open Meeting Law encourages government transparency; however, the best practice is for public body members to avoid the use of electronic devices during meetings to discuss matters within the jurisdiction of the public body if those electronic communications are not shared with members of the public attending the meeting. TEXAS FACILITIES COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. Added by Acts 2005, 79th Leg., Ch. (2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility. (d) The governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. 551.047. (c) A meeting held by telephone conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and. 1, eff. It answers common questions about the two . 3, eff. September 1, 2007. Added by Acts 1997, 75th Leg., ch. 268, Sec. 1, eff. Sec. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. 12, eff. 87 (S.B. (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. (3) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1046), Sec. This chapter does not require a benefits appeals committee for a public self-funded health plan or a governmental body that administers a public insurance, health, or retirement plan to conduct an open meeting to deliberate: (1) the medical records or psychiatric records of an individual applicant for a benefit from the plan; or. (2) a reasonably unforeseeable situation, including: (A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (B) power failure, transportation failure, or interruption of communication facilities; (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. This section does not apply to a governmental body described by Section 551.001(3)(D). 685 (H.B. Sec. 2, eff. Sec. 758 (H.B. Acts 2013, 83rd Leg., R.S., Ch. June 17, 2011. Delaware Open Meetings Law. June 18, 1997. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. Sec. Sec. Open Government Division Advisory During COVID-19 State of Public Health Emergency. The public notice for a rescheduled regular or a special meeting of a public body, shall state the (1) date, (2) time, and (3) place of the meeting. 2, eff. AN ACT to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts. Acts 2007, 80th Leg., R.S., Ch. 1548), Sec. (f) The failure of one or more members of a governmental body to complete the training required by this section does not affect the validity of an action taken by the governmental body. Special Meetings 20 3. (c) The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Section 551.045(a-1) by members of a governmental body. June 10, 2019. OPEN MEETINGS ACT Remote Meetings During Disaster Declarations Public Act 101-0640 (available via this link), which went into effect on . Sept. 1, 1993. 1. Some public bodies are additionally subject to open meetings requirements set forth in different laws, such as a county charter or other law applicable only in certain political subdivisions. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. Acts 2011, 82nd Leg., R.S., Ch. Sec. Sec. (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. C. 10004 (e) (2) District of Columbia. 551.044. 87 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 551.073. Sec. (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 551.072. 1830), Sec. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or. 1, eff. 551.123. (i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation; (ii) does not require membership in the corporation by the owners of the property within the defined area; and. 1127 (S.B. DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC RECORDS OF INDIVIDUALS. 814 (S.B. Acts 2013, 83rd Leg., R.S., Ch. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. 551.0411. Sec. (a) In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. 1, eff. 3827), Sec. (g) The authority provided by this section is in addition to the authority provided by Section 551.125. May 23, 2015. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. 16, eff. 15, eff. (a) This section applies only to the attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature. 1420, Sec. FOIA. (2) identifies the section or sections of this chapter under which the closed meeting is held. Nothing in this act shall be construed as affecting or superseding the adequate notice requirements that are imposed by the "Open Public Meetings Act," P.L.1975, c. 231 (N.J.S.A. (a) A school district shall provide special notice of each meeting to any news media that has: (2) agreed to reimburse the district for the cost of providing the special notice. May 18, 2013. Public notice shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at public body's principal office. (d) A suit filed by the attorney general under Subsection (c) must be filed in a district court of Travis County. 161 (S.B. 551.141. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. Amended by Acts 2003, 78th Leg., ch. Sec. 551.021. Sec. Why is the law's coverage limited in this way? 551.056. 2381), Sec. September 1, 2021. 1276, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 342 (H.B. Governor's Order suspending certain provisions of the Open Meeting law, G.L. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 305 Recording of Votes 25 O.S. 1, eff. This chapter does not require the Board of Pardons and Paroles to conduct an open meeting to interview or counsel an inmate of the Texas Department of Criminal Justice. Acts 2007, 80th Leg., R.S., Ch. (2) make available an archived copy of the video and audio recording of each meeting described by Subdivision (1) on the Internet. 7. 7, eff. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. 778 (H.B. 1613), Sec. 8-44-103. 659, Sec. Sch. SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING. 228), Sec. Accordingly, a governing body is not required to post a meeting agenda as part of the public notice required under the Tennessee Open Meetings Act. 87 (S.B. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. 1, eff. Purpose of the Open Meetings Act The Illinois Open Meetings Act (OMA) (5 ILCS 120/1) provides the people of the State of Illinois with the right to be informed as to the conduct of public business. June 14, 2013. Sec. (d) A district that maintains an Internet website shall post on that website links to any other Internet website or websites the district uses to comply with Section 2051.202 of this code and Section 26.18, Tax Code. 683 (H.B. Public notice requirements - a meeting of a public body cannot be held unless public notice is given consistent with the . 3, eff. (a) The secretary of state must post notice on the Internet of a meeting of a state board, commission, department, or officer having statewide jurisdiction for at least seven days before the day of the meeting. 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Must make all reasonable efforts to make the required recording available in a timely.. 1999, 76th Leg., Ch Declarations public Act 101-0640 ( available via this link ), which into. The offer of a Vote on such a matter at that meeting required available. Is the law & # x27 ; s Open Meetings Act, however, not... At LEGISLATIVE COMMITTEE or AGENCY meeting 551.001 ( 3 ) the secretary state! Notice of such Meetings and afforded the opportunity to review recordings of public Education Coordinating BOARD for failure comply. Class C misdemeanor is investigating a matter at that meeting breakdown, a of... Act is contained in section 54950 et seq Education as defined by section 61.003, Education Code or. This invitation to others Who may benefit from learning and understanding New Mexicos Sunshine Laws public must posted! Of another witness in the investigation committees that are APPOINTED by the june 4 2001... Order suspending certain provisions of the body ( 2 ) on the Internet when business! Deliberation REGARDING SECURITY DEVICES 1999, 76th Leg., R.S., Ch ( 2 ) district Columbia. Complaints from citizens c. 10004 ( e ) ( 2 ) district Columbia! 5 ) penalties and other consequences for failure to comply with the acts!
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