Assigned to GAR                                                                                                        AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1209

public meetings; minutes; web site

Purpose

            Requires cities and towns with websites to post notices and minutes of public meetings on their websites. 

Background

            Arizona’s Open Meeting Law (OML) requires all meetings of any public body to be public meetings and all persons so desiring to be permitted to attend and listen to the deliberations and proceedings.  “Public body” includes city or town councils, and all boards and commissions of cities and towns. 

            The OML requires a public body to give notice of all public meetings and executive sessions to members of the public and to members of the public body.  For public bodies of cities and towns to give notice, a statement must be filed with the city clerk or mayor’s office stating where all public notices of their meetings will be posted and give such additional notice as is reasonable and practicable.  As a general rule, notice must be given at least 24 hours before the meeting or executive session.  The OML requires the notice to include an agenda that contains the date, time and place of the meeting.  The agenda must also list the specific matters to be discussed, considered or decided at the meeting.  An agenda for an executive session is only required to contain a general description of matters to be considered.  The agenda sets the parameters of the public meetings.  Only those items specifically listed on the agenda may be discussed, considered or decided. 

            All public bodies, except for subcommittees and advisory committees, are required to take written minutes or record the meetings, including executive sessions.  The minutes or a recording of the meeting, except an executive session, must be open to public inspection. 

            There may be a fiscal impact to cities and towns with websites associated with this legislation.

Provisions

1. Requires cities and towns with Internet websites to post all public notices of the meetings of public bodies on the website.

2. Requires cities and towns with Internet websites to post a statement showing the legal actions taken during the meetings or any recordings of the meetings of public bodies on the website within three working days after the meeting. 

3. Requires cities and towns with Internet websites to post the approved minutes of all city or town council meetings on their Internet website within two working days after the approval of the minutes.

4. Provides that a technological problem or failure that prevents the posting of public notices or the usage of the website does not preclude the holding of the meeting, if all other public notice requirements are complied with.

5. Makes technical changes.

6. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Allows cities and towns with websites to post either meeting minutes or recordings instead of requiring both to be posted.

Amendments Adopted by Committee of the Whole

1. Modifies posting requirements for minutes of meetings of the public bodies of cities and towns.

2. Provides that technological problems associated with the website do not preclude the holding of the meeting.

Senate Action

GAR               2/1/06     DPA     4-1-0

3^rd Read           2/16/06                21-6-3

Prepared by Senate Research

February 20, 2006

KM/ac