Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2070
open meetings; capacity; posting; violation
Purpose
Requires all public bodies, when feasible, to provide sufficient seating to accommodate the
reasonably anticipated attendees of an open meeting and requires agendas for open meetings to
include notice of the time that the public will have physical access to the meeting place. Deems
the head of any public body that violates seating or notice of physical access requirements liable
for a civil penalty.
Background
All meetings of a public body must be public and all persons must be allowed to attend and
listen to the deliberations and proceedings. A public body must provide for the taking of written
minutes or a recording of all meetings, which must include the date, time and place of the meeting
and the attendance of the members (A.R.S. § 38-431.01). Notice of an open meeting must include
an agenda of the matters to be discussed or decided at the meeting. The agenda must be available
to the public at least 24 hours prior to the meeting (A.R.S. § 38-431.02).
The Attorney General may commence a suit in the county in which the public body
ordinarily meets against an individual member of a public body for knowingly violating open
meeting laws. The court may impose a civil penalty against each person who knowingly violates
or who knowingly aids, agrees to aid or attempts to aid in violating open meeting laws. The court
may impose a civil penalty of $500 for a second offense and up to $2,500 for the third and
subsequent offenses. The court may also order payment to a successful plaintiff in an open meeting
suit of the plaintiff's reasonable attorney fees (A.R.S. § 38-431.07).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires all public bodies, when feasible, to provide for an amount of seating sufficient to
accommodate the reasonably anticipated attendance of all persons desiring to attend the
deliberation and proceedings.
2. Requires agendas for any public meeting to include notice of the time that the public will have
physical access to the meeting place.
3. Deems, as liable for a civil penalty for an open meeting law violation, the head of a public
body that violates requirements relating to sufficient seating or notice of physical access to a
meeting place. FACT SHEET
H.B. 2070
Page 2
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
GE 1/26/22 DPA 7-6-0-0
3
rd
Read 2/23/22 31-28-1
Prepared by Senate Research
March 3, 2022
MH/HW/slp