HB2003 - 442R

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  Senate Engrossed House Bill
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  State of Arizona
  House of Representatives
  Forty-fourth Legislature
  Second Regular Session
  2000
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      HOUSE BILL 2003
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AN ACT

AMENDING SECTION 38-431.02, ARIZONA REVISED STATUTES; RELATING TO PUBLIC MEETINGS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 38-431.02, Arizona Revised Statutes, is amended to read:

38-431.02. Notice of meetings; definition

A. Public notice of all meetings of public bodies shall be given as follows:

1. The public bodies of the state shall file a statement with the secretary of state stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings.

2. The public bodies of the counties, school districts and other special districts shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings.

3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings.

4. UNTIL DECEMBER 31, 2001, IF THE PUBLIC BODY HAS ESTABLISHED AN ACTIVE AND FUNCTIONING WEB SITE, THE NOTICE MAY ALSO BE POSTED ON THE WEB SITE AND THE PUBLIC BODY SHALL INCLUDE THE WEB SITE'S ADDRESS IN THE STATEMENTS FILED PURSUANT TO PARAGRAPHS 1, 2 AND 3. BEGINNING JANUARY 1, 2002, IF THE PUBLIC BODY HAS ESTABLISHED A FUNCTIONING WEB SITE, THE NOTICE SHALL ALSO BE POSTED ON THE WEB SITE AND THE PUBLIC BODY SHALL INCLUDE THE WEB SITE'S ADDRESS IN THE STATEMENTS FILED PURSUANT TO PARAGRAPHS 1, 2 AND 3.

5. IF THE CLERK OF THE BOARD OF SUPERVISORS, CITY CLERK OR MAYOR'S OFFICE HAS ESTABLISHED AN ACTIVE AND FUNCTIONING WEB SITE, THE CLERK OF THE BOARD OF SUPERVISORS, CITY CLERK OR MAYOR'S OFFICE SHALL MAINTAIN A LISTING OF THE PUBLIC NOTICE LOCATIONS ON THE WEB SITE AND SHALL PROVIDE THE SECRETARY OF STATE WITH THE WEB SITE ADDRESS. THE SECRETARY OF STATE SHALL MAINTAIN A WEB SITE MASTER LIST FOR PUBLIC ACCESS TO ALL PUBLIC NOTICE LISTS INCLUDING WEB SITE ADDRESSES, STATEMENTS AND AVAILABLE MEETING NOTICES PROVIDED PURSUANT TO PARAGRAPHS 1, 2 AND 3.

6. IF THE PUBLIC BODY HAS ESTABLISHED AN ACTIVE AND FUNCTIONING WEB SITE, THE NOTICE SHALL BE POSTED ON A WEB SITE THAT POSTS THE LEGAL NOTICES OF TEN OR MORE NEWSPAPERS, AS DEFINED IN SECTION 39-201.

7. FAILURE TO COMPLY WITH PARAGRAPHS 5 OR 6 OF THIS SUBSECTION DOES NOT INVALIDATE THE ACTION OF A PUBLIC BODY.

B. If an executive session will be held, the notice shall be given to the members of the public body, and to the general public, stating the specific provision of law authorizing the executive session.

C. Except as provided in subsections D and E, meetings shall not be held without at least twenty-four hours' notice to the members of the public body and to the general public.

D. In case of an actual emergency, a meeting, including an executive session, may be held upon such notice as is appropriate to the circumstances. If this ~~provision~~ SUBSECTION is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I.

E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given.

F. A public body which intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, may post public notice of such meetings at the beginning of such period. Such notice shall specify the period for which notice is applicable.

G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours prior to the meeting, except in the case of an actual emergency under subsection D.

H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto.

I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. Such agenda shall not contain information that would defeat the purpose of the executive session.

J. Notwithstanding the provisions of subsections H and I, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, where the matter was not listed on the agenda provided that a statement setting forth the reasons necessitating such discussion, consideration or decision is placed in the minutes of the meeting, and IS PUBLICLY ANNOUNCED at the public meeting~~, is publicly announced~~. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately prior to the executive session.

K. FOR PURPOSES OF THIS SECTION, "ACTIVE AND FUNCTIONING WEB SITE" MEANS A WEB SITE THAT RECEIVES NEW CONTENT FROM THE PUBLIC BODY ON AT LEAST A MONTHLY BASIS.