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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2807 |
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AN ACT
amending section 38-431, Arizona Revised Statutes; relating to public meetings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-431, Arizona Revised Statutes, is amended to read:
38-431. Definitions
In this article, unless the context otherwise requires:
1. "Advisory committee" or "subcommittee" means any entity, however designated, that is officially established, on motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body.
2. "Executive session" means a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in section 38‑431.03. In addition to the members of the public body, officers, appointees and employees as provided in section 38‑431.03 and the auditor general as provided in section 41‑1279.04, only individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session.
3. "Legal action" means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body's charter, bylaws or specified scope of appointment and the laws of this state.
4. "Meeting" means the gathering, in person or through technological devices, of a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action.
5. "Political subdivision" means all political subdivisions of this state, including without limitation all counties, cities and towns, school districts and special districts.
6. "Public body" means the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the this state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the this state or political subdivision. Public body includes all quasi‑judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, the public body. Public body includes all commissions and other public entities established by the Arizona constitution or by way of ballot initiative, including the independent redistricting commission, and this article applies except and only to the extent that specific constitutional provisions supersede this article.
7. "Quasi‑judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims.
Sec. 2. Legislative intent; clarifying language
It is the intent of the legislature by this act to clarify that the independent redistricting commission, a constitutionally created public body, was and is subject to the open meeting statutes contained in title 38, chapter 3, article 3.1, Arizona Revised Statutes, except for those limited instances in which the more specific provision in the Arizona Constitution applies.