Assigned to GOV AS PASSED BY COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session AMENDED FACT SHEET FOR H.B. 2927 public meetings; records; requirements; penalties Purpose Modifies requirements relating to open meeting law and public records requests by requiring the minutes or recording of a public meeting to be available online for public inspection, within three working days after the meeting and remain available online indefinitely. Requires the Attorney General (AG) to respond to a violation of open meeting law within with 120 days and make the response publicly available on the AG's website. Requires electronic copies of public records to be provided on request and charges for the public record to be provided in the least expensive manner possible with a preference for providing electronic copies. Background Open meeting law requires all meetings of a public body must be public, and any person desiring to attend a public meeting must be allowed to attend and listen to the deliberations and proceedings. Public bodies must provide written minutes, or a recording of all the body's meetings, including executive sessions. For meetings other than executive sessions, the written minutes or recording must include: 1) the date, time and place of the meeting; 2) the members of the public body recorded as either present or absent; 3) a general description of matters considered; and 4) an accurate description of all legal action proposed, discussed or taken including a record of how each member voted. The minutes or recording of a public meeting must be made available for public inspection within three working days after the meeting. Within three working days after a meeting, except for subcommittees and advisory committees, a public body must also post on the body's website, a recording of the meeting or a statement describing the legal actions taken by the public body of a city or town during the meeting. A public body that intends to meet for a specified calendar period, on a regular day, date or event during the calendar period, and at a regular place and time, may post public notice of the regularly occurring meetings at the beginning of the period. An agenda for a public meeting must list the specific matters to be discussed, considered or decided at the meeting. The public body may only discuss, consider or make decisions on matters listed on the agenda and other matters relating to the agenda items. Except for a meeting through technological devices, the agenda must also include notice of the time that the public will have physical access to the meeting place. For an agenda with an executive session, the notice of executive session must state the provision of law authorizing the executive session, and the notice must be provided to the members of the public body and the general public. On receipt of a written complaint signed by a complainant alleging a violation of open meeting law or on their own initiative, the AG or the county attorney for the county in which the alleged violation occurred may begin an investigation (A.R.S. Title 38, Chapter 3, Article 3.1). FACT SHEET – Amended H.B. 2927 Page 2 Permanent public record of the state, a county, city or town or other political subdivision of the state must be transcribed or kept on paper or other material that is of durable or permanent quality. All public officers and public bodies must maintain all public records reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and activities that are supported by monies from the state or a political subdivision of the state. Each public officer or public body is responsible for the preservation, maintenance and care of the respective officer's or body's public records. A person may make a public records request as authorized by statute by requesting to examine or be provided copies, printouts or photographs of any public record. The custodian of public records must promptly furnish the public records request and access to a public record is deemed denied if a custodian fails to promptly respond to the request in the manner prescribed by statute (A.R.S. §§ 39-101 and 39-121.01). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Requires the minutes or recording of a public meeting to be available online for public inspection, within three working days after the meeting and remain available online for public inspection indefinitely after being posted. 2. Requires, if a public body meets exclusively through technological devices, the public body to provide the public with an option to view the meeting. 3. Allows members of the public who are present at the designated physical location to participate in the meeting if the public body makes a call to the public or takes testimony on a specific item. 4. Subjects a public meeting through technological devices to the requirement that the agenda for the public meeting also include the notice of time that the public will have physical access to the meeting place. 5. Requires the AG to respond to an open meeting law complaint within 120 days after receiving the complaint. 6. Requires the AG to make the response to the open meeting law complaint publicly available on the AG's website. 7. Requires copies of public records to be provided on request in the least expensive manner possible with a preference for providing electronic copies, except for a public records request for a video recording from a law enforcement agency. 8. Requires the court to review de novo any question of law that arises regarding public records including when an officer or public body makes a withholding or redaction decision based on the application of an exception to the disclosure. 9. Stipulates that a notice of regularly occurring meetings does not apply to a notice of executive session unless the public body complies with the statutory requirements for an executive session. FACT SHEET – Amended H.B. 2927 Page 3 10. Adds, to the definition of advisory committee or subcommittee, an advisory committee or subcommittee that is officially established at the direction of a public body or the presiding officer of the public body. 11. Makes technical changes. 12. Becomes effective on the general effective date. Amendments Adopted by Committee 1. Requires copies of all records, rather than only electronic records, to be provided in the least expensive manner possible with a preference for providing electronic copies, except for a video recording from a law enforcement agency. 2. Requires the minutes or recording of a public meeting to be online indefinitely, rather than five years. 3. Specifies that if a public body makes an open call to the public, only members of the public present at the physical location are authorized to participate. 4. Makes technical changes. House Action Senate Action GOV 2/20/25 DP 4-1-2-0 GOV 3/26/25 DPA 4-3-0 3 rd Read 3/12/25 36-20-4 Prepared by Senate Research March 27, 2025 AN/DL/slp