Assigned to COMPS AS
PASSED BY COMMITTEE
Assigned to COMPS AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
public meetings; audiovisual
recordings; posting
(NOW: public meetings; recordings; posting; definition)
Purpose
Requires licensing authorities to post meeting final actions and audio recordings on its website within five days of the meeting.
Background
All meetings of a public body, including licensing authorities, must be public meetings. All legal action of public bodies must occur during a public meeting and individuals must also be permitted to attend and listen to deliberations and proceedings. Public meetings are required to have minutes or a recording of the proceedings, including executive sessions. The minutes or recording of a meeting must be available for public inspection three working days after the public meeting, unless specified otherwise. For meetings other than executive sessions, the minutes or recording must contain: 1) the date, time and place of the meeting; 2) the members of the public body recorded as either present or absent; 3) a general description of the matters considered; 4) an accurate description of all legal actions proposed, discussed or taken; 5) the names of members who proposed each motion; 6) the names of persons making statements or presenting material; and 7) a reference to the legal action about which each person made a statement or presented material (A.R.S § 38-431.01).
Legislation enacted in 2017 requires all health profession regulatory boards to post a digital recording of all open meetings on their websites within five days of the meeting and maintain the recording online for three years. The board's website must also contain a notice of the availability of the digital recording (Laws 2017, Chapter 191 § 6).
The anticipated fiscal impact to the state General Fund associated with this legislation is unknown at this time.
Provisions
1. Requires, beginning January 1, 2019, a licensing authority to make available on its website, posted within five days of the meeting and retained online for three years, both of the following:
a) all final decisions, orders and actions taken by the licensing authority, except for advisory letters and letters of concern issued by a health profession regulatory board; and
b) audio recordings of all meetings, except for activity held in executive sessions.
2. Requires the Arizona Department of Administration (ADOA) to evaluate the costs of providing for complete audiovisual records of all licensing authority meetings and submit a report of its findings to the Legislature and Governor by October 1, 2018.
3. Defines licensing authority as any agency, department, board or commission that issues a license to an individual who provides a service to a person, except for the Board of Certified Reporters.
4. Become effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by Committee
1. Allows audio, rather than audiovisual, recordings of meetings to satisfy meeting requirements.
2. Shortens, from five years to three years, the length of time meeting actions and recordings must be retained on a licensing authority's website.
3. Exempts specific health board letters.
4. Delays effective date of audio recording requirements.
5. Adds ADOA study.
House Action Senate Action
FPRPP 2/06/18 DPA/SE 9-0-0-0 COMPS 3/12/18 DPA 8-0-0
3rd Read 2/21/18 46-14-0
Prepared by Senate Research
March 14, 2018
GH/lb