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

House Engrossed

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.   Allows public bodies 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.   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)

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

5.   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)

6.   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)

7.   Requires the Attorney General provide a response to each complaint received within 120 days after receipt of a complaint and post the response on their website. (Sec. 4)

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

9.   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)

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

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14.                    HB 2927

15.  Initials JH/MB    Page 0 House Engrossed

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