ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: GOV DPA 6-3-0-0

HB 2144: open meetings; capacity; posting; violation

Sponsor: Representative Dunn, LD 25

Caucus & COW

Overview

Specifies changes to public meetings and proceedings regulations.

History

Currently, all meetings of any public body must be public meetings and all persons desiring to attend and listen to deliberations and proceedings must be permitted (A.R.S. § 38-431.01).

For an individual member of a public body, a superior court may impose a civil penalty not to exceed $500 for the second offense and not to exceed $2,500 for the third and subsequent offenses against each person who knowingly violates public meetings and proceedings laws (meeting laws). Additionally, a superior court may remove a public officer from office if the court determines the public officer knowingly violated any provision of meeting laws (A.R.S. § 38-431.07).

Currently, agendas required under meeting laws must list the specific matters to be discussed, considered or decided at the meeting. The public body must only consider matters listed on the agenda (A.R.S. § 38-431.02).

A Public Body is the Legislature, all boards and commission of Arizona or a political subdivision. It includes all multimember governing bodies of departments, agencies and institutions of Arizona. Additionally, it includes all corporations and entities whose boards of directors are appointed or elected in Arizona. Finally it includes all commissions and public entities established by the Arizona Constitution (A.R.S. § 38-431).

Provisions

1. Requires all public bodies to provide sufficient seating to accommodate the anticipated attendance of the deliberations and proceedings of a public body. (Sec. 1)

2. Specifies that any head of a public body that fails to provide sufficient seating is liable for a civil penalty outlined in statute. (Sec. 1)

3. Requires the agenda of the public meeting to include notice of the time that the public will have physical access to the meeting place. (Sec. 2)

4. Specifies that any head of public body that fails to include notice of the time that the public will have physical access to the meeting place is liable for a civil penalty outlined in statute. (Sec. 2)

5. Makes technical and conforming changes. (Sec. 1, 2)

Amendments

Committee on Government

1. Removes the specific civil liability for the head of a public body.

2. Exempts agendas of meetings through technological devices from providing the time the public will have physical access to the meeting place.

5. ---------- DOCUMENT FOOTER ---------

6. HB 2144

7. Initials FK Page 0 Caucus & COW

9. ---------- DOCUMENT FOOTER ---------