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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
open meetings; public body; legislature
Purpose
Expands open meeting law requirements to apply to all public bodies, except the Legislature, and requires all public bodies to provide for an opportunity for public comment before any final decision. Requires a public meeting agenda to be available at least 48 hours before the meeting.
Background
A public body includes the Legislature, all boards and commissions of the State of Arizona or political subdivisions, all multimember governing bodies, all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of the public body (A.R.S. § 38-431)
All meetings of any public body must be public meetings and allow for a person to attend and listen to the deliberations and proceedings. Public meetings for schools, school boards, executive boards and municipalities must provide for sufficient seating to accommodate the reasonably anticipated attendance of the deliberations and proceedings, when feasible. Agendas for a public meeting must be made available to the public at least 24 hours before the meeting and list the specific matters to be discussed, considered or decided at the meeting.
Except for subcommittees and advisory committees, within three working days after a meeting of a city or town with a population of 2,500 persons or more, the public body must post a recording of the meeting and a statement describing the legal actions taken by the public body of the city or town. Within two working days following the approval of the meeting minutes, the public body must post the approved minutes of the city or town council meetings on its website. For a subcommittee or advisory committee meeting, the applicable statement describing legal action and recording of the meeting must be posted on the website within 10 working days (A.R.S. §§ 38-431.01 and 38-431.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires all public bodies to provide for an opportunity for public comment in person before any final decision, subject to reasonable time, place and manner restrictions.
2. Requires, rather than allows, a public body to make an open call to the public during a public meeting, subject to statutory requirements.
3. Expands the requirement that sufficient seating must be provided to accommodate the reasonably anticipated attendance of deliberations and proceedings to all public bodies, rather than only schools, school boards, executive boards and municipalities.
4. Applies the website posting requirements for a statement of legal actions and meeting minutes to all public bodies and meetings, rather than only a city or town with a population of 2,500 persons or more and exempting subcommittees and advisory committees.
5. Prohibits a public meeting from being held without at least 48 hours, rather than 24 hours of public notice.
6. Requires an agenda for a public meeting to be available to the public at least 48 hours, rather than 24 hours before the meeting.
7. Requires public meeting agendas to be made publicly available online and include a hyperlink to any relevant documents, contracts, agreements or proposals under consideration by the public body and referenced in the agenda.
8. Removes the Legislature from the definition of a public body.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
House Action
GOV 2/14/24 DP 6-3-0-0
3rd Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 19, 2024
AN/slp