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REFERENCE TITLE: agency settlement agreements; public record |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2440 |
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Introduced by Representatives Montenegro, Burges, Gowan
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AN ACT
amending title 39, chapter 1, article 2, Arizona Revised Statutes, by adding section 39‑129; relating to public records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 39, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 39-129, to read:
39-129. Public body settlement agreements; public records; definitions
A. A public body or public agency providing coverage to a public body, an officer or an employee of a public body shall maintain a public written or electronic record of all settled claims. The record for all the claims settled in the amount of more than fifty thousand dollars or one per cent of the total annual budget of the public body, whichever is less, shall include a written executed settlement agreement. The settlement agreement shall contain a brief description of the claim, the party or parties released under the settlement and the amount of the financial compensation, if any, paid by or to the public body or on its behalf.
B. Any settlement agreement involving a public body is a public record, except that specific portions of the settlement agreement may be withheld from the public as provided by statute. A private insurance company or public agency providing coverage to the public body shall provide to the public body a copy of any settlement agreement to be maintained as a public record.
C. Except for settlement agreements involving this state, any state agency or any employee of this state, any settlement agreement with an amount of financial consideration of more than fifty thousand dollars or one per cent of the total annual budget of the public body, whichever is less, shall be included as an agenda item at the next meeting of a public agency that provides coverage to the public body and as an agenda item on the next regularly scheduled public meeting of the public body for informational purposes or for approval if required.
D. For the purposes of this section, a confidentiality or nondisclosure clause or provision that is contained in or that relates to a settlement agreement shall neither cause nor permit a settlement agreement, the claim or any other public record to be withheld from the public. This section does not require an officer, an employee of a public body or any party to the settlement agreement to comment on the settlement agreement.
E. This section does not apply to claims made in connection with insured or self-insured health insurance contracts.
F. For the purposes of this section:
1. "Confidentiality or nondisclosure clause or provision" means any covenant or stipulation that is adopted by parties to a settlement agreement and that designates the settlement agreement, the claim or any other public record as confidential or that, in any other way, restricts public access to information concerning the settlement agreement or claim.
2. "Settlement agreement" means any contractual agreement to settle or resolve a claim involving a public body or on behalf of a public body, an officer or an employee of a public body by any of the following:
(a) The public body.
(b) A private insurance company.
(c) A public agency providing coverage.