PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2419
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 39-121.01, Arizona Revised Statutes, is amended to read:
39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index
A. In this article, unless the context otherwise requires:
1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body.
2. "Public body" means this state, any county,
city, town, school district, political subdivision or tax‑supported
district in this state, any branch, department, board, bureau, commission,
council or committee of the foregoing, and any public organization or agency, that is supported in whole or in part by monies from this
state or any political subdivision of this state,
or expending that spends monies provided by this state or
any political subdivision of this state.
B. All
officers and public bodies shall maintain all records, including records as
defined in section 41‑151.18, reasonably necessary or appropriate to
maintain an accurate knowledge of their official activities and of any of their
activities which that are supported by monies from this state
or any political subdivision of this state.
C. Each public body shall be responsible for the preservation, maintenance and care of that body's public records, and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41‑151.15 and 41‑151.19.
D. Subject to section 39‑121.03:
1. Any
person may request to examine or be furnished copies, printouts or photographs
of any public record during regular office hours or may request that the
custodian mail a copy of any public record not otherwise available on the
public body's website to the requesting person. The custodian may
require any person requesting that the custodian mail a copy of any public
record to pay in advance for any copying and postage charges. The custodian of
such the records shall promptly furnish such
the copies, printouts or photographs and may charge a fee if the
facilities are available that
includes reimbursement for the cost of labor in furnishing the copies,
printouts or photographs, calculated at a rate of twenty dollars per hour, except that the custodian shall not charge for
the first eight hours of labor costs. For the purposes of calculating labor
costs, the custodian may consider separate requests for related information as
one request. Public records for purposes listed in section 39‑122
or 39‑127 shall be furnished without charge.
2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order. This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index. For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41‑1001, but does not include the department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the state department of corrections.
3. If
the custodian of a public record does not have facilities for making copies,
printouts or photographs of a public record which that a person has a right
to inspect, such the person shall be granted access to the
public record for the purpose of making copies, printouts or photographs. The
copies, printouts or photographs shall be made while the public record is in
the possession, custody and control of the custodian of the public record and
shall be subject to the supervision of such custodian.
E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section."