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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
executive sessions; security plans
Purpose
Allows a public body to hold executive sessions for discussions or consultations with designated representatives to discuss security plans, procedures and systems related to the security or safety of buildings, facilities, operations, critical infrastructure information and information technology.
Background
All meetings of a public body must be public and all persons are permitted to attend and listen to the deliberations and proceedings of the public body (A.R.S. § 38-431.01). Public bodies may hold executive sessions upon a majority vote of members for certain statutory purposes, including discussion or consultation of: 1) employment matters; 2) legal advice with the attorney of the public body; and 3) records exempt by law from public inspection (A.R.S. § 38-431.03). If an executive session is scheduled, the notice of the meeting must state the provision of law authorizing the executive session (A.R.S. § 38-431.02). Legal action involving a final vote or decision may not be taken at an executive session and a public body may not discuss any matter in an executive session that is not described in the notice.
A
public body includes the Legislature, boards and commissions of the
state or political subdivisions, agency multi-member governing bodies,
institutions of political subdivisions,
quasi-judicial bodies, committees of public bodies and all entities established
by the Arizona Constitution or ballot initiative (A.R.S.
§ 38-431).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a public body to hold executive sessions for discussions or consultations with designated representatives to discuss security plans, procedures, assessments, measures or systems related to the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body.
2. Exempts records, documentation, notes and other materials made by, or provided to, the representatives of a public body in executive sessions relating to security plans, procedures and systems from statutory requirements for public disclosure.
3. Defines critical infrastructure to include systems and assets, whether physical or virtual, that are so vital to Arizona and the United States that the incapacity or destruction of those systems and assets would have a deliberating impact on security, economic security, public health or safety.
4. Defines information technology as all computerized and auxiliary automated information processing, telecommunications and related technology, including hardware, software, vendor support and related services, equipment and projects.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows the security and safety of operations and critical infrastructure information maintained by a public body to be discussed in executive session.
2. Defines critical infrastructure.
3. Makes technical changes.
Senate Action
GOV 2/3/20 DP 7-0-0
Prepared by Senate Research
February 13, 2020
MH/CS/kja