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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DP 4-3-0-0 |
HB 2876: public bodies; executive sessions; agenda
Sponsor: Representative Weninger, LD 13
House Engrossed
Overview
Prevents public bodies from placing any proposal that imposes or increases taxes or fees on a consent agenda. Directs public bodies to place any topic discussed in executive session on an action agenda.
History
Public bodies must conduct all legal action during a public meeting. Statute instructs public bodies to have written minutes or a recording of the meeting with: 1) the date, time and location of the meeting; 2) the member's attendance; 3) a general description of the matters considered; and 4) an accurate description of all legal actions proposed, discussed or taken (A.R.S. § 38-431.01).
A public body may go into executive session with a public majority vote for: 1) discussion or consideration of employment of a public officer, appointee or employee of any public body with specified exceptions; 2) discussion or consideration of records exempt by law from public inspection; 3) discussion or consultation of legal advice with their attorneys; 4) considerations with their attorneys to consider contracts that are in negotiations, in pending litigation or in settlement discussions; 5) discussions with designated representatives of the public body regarding negotiations of their salaries, salary schedules and compensation benefits; 6) consideration for negotiations with all levels of governments; 7) discussions regarding negotiations for the purchase, sale or lease of a real property; 8) discussions relating to school safety operations, plans or programs; and 9) discussions for security plans of facilities, critical infrastructure information and information technology maintained by the public body.
Legal action involving a final vote cannot be taken during executive session, except to provide attorneys with instructions in the outlined scenarios. A public vote must be held before any legal action binds the public body (A.R.S. § 38-431.03).
Provisions
1. Prohibits a public body from placing any proposal that imposes or increases a tax rate, assessment or fee in Arizona on a consent agenda for a meeting of the public body. (Sec. 1)
2. Directs a public body to place an item that was discussed or voted on in executive session on an action agenda and not on a consent agenda. (Sec. 2)
3. Makes conforming changes. (Sec. 2)
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7. Initials ML/MN HB 2876
8. 3/3/2026 Page 0 House Engrossed
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