ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: GOV DP 4-1-2-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2927: public meetings; records; requirements; penalties

Sponsor: Representative Carbone, LD 25

Caucus & COW

Overview

Alters public meeting laws related to notification, access and complaints and alters requirements for responding to public record requests.

History

Arizona's public meeting laws require meetings of public bodies to be conducted openly and notices and agendas be provided for such meetings that contain information that is reasonably necessary to inform the public of the matters to be discussed or decided. Public entities can be subject to public records requests and must make publicly available a way to contact the entity. Individuals can appeal denials of access to public records (A.R.S. §§ 39-171, 39-121.02, AZ Ombudsman).

Provisions

1.   Requires the minutes or recording of a meeting be available online within three working days after the meeting and remain available for public inspection for at least five years after being posted. (Sec. 2)

2.   Requires public bodies that meet at least once a month during any regular meeting period to make an open call to the public during a meeting to allow individuals to address the public body on any issue within the public body's jurisdiction. (Sec. 2)

3.   Requires an open call to the public occur within the first 30 minutes of the start of a meeting and stay open for 30 minutes unless each person who has notified the public body of their desire to speak has finished addressing the public body in less than 30 minutes. (Sec. 2)

4.   Exempts executive sessions from posting a notice that specifies the applicable period of a notice unless they comply with other notice requirements for executive sessions. (Sec. 3)

5.   Requires agendas to list specific matters to be discussed, considered or decided at a meeting, including meetings through technological devices. (Sec. 3)

6.   Requires a public body meeting through technological devices provide access to the public through technological device and a physical location where the public can view and participate in the meeting. (Sec. 3)

7.   Allows the Attorney General or a county attorney to begin an investigation based on a complaint of a violation of public meeting and proceedings law. (Sec. 4)

8.   Requires the Attorney General or county attorney provide a response to each written complaint received within 120 days after receipt of a complaint and posted on their website. (Sec. 4)

9.   Requires electronic copies of records be provided upon request and specifies charges for the copy must be based on material cost only. (Sec. 5)

10.  Requires the court review de novo any question of law that arises related to public records including when an officer or public body makes a withholding or redaction decision based on the application of an exception to the disclosure. (Sec. 6)

11.  Requires an employee or department that is authorized and able to provide requested public records reply to a request within five business days after the request is received and provide the following information:

a)   the date the request was received;

b)   the contact information required by law; and

c) the expected date the request will be processed. (Sec. 7)

12.  Exempts entities from the requirement to maintain a centralized online portal for submission of public records requests. (Sec. 7)

13.  Clarifies that entities are not prohibited from subsequently notifying the requestor that the request is denied or delayed. (Sec. 7)

14.  Creates a civil penalty between $500 and $5,000 for each occurrence an entity is found liable for willfully or intentionally refusing to comply with public records requests. (Sec. 7)

15.  Clarifies an entity's mitigation or aggravation of a violation will be assessed. (Sec. 7)

16.  States the civil penalty awarded does not exclude any other award or other penalty and cost including attorney and legal fees. (Sec. 7)

17.  Requires the civil penalty be paid to the requestor of the public record. (Sec. 7)

18.  Requires an entity that has not fulfilled a public record request in 15 days after receipt of the request must provide an estimated date the request will be completed. (Sec. 7)

19.  Makes technical and conforming changes. (Sec. 1, 2, 4, 5, 6)

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23.                    HB 2927

24.  Initials JH/MB    Page 0 Caucus & COW

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