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REFERENCE TITLE: public records; time frame |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2808 |
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Introduced by Representatives Carbone: Biasiucci, Blattman, Dunn, Gress, Martinez, Montenegro, Peña, Quiñonez, Sun, Wilmeth
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An Act
amending sections 39-121.01 and 39-171, Arizona Revised Statutes; relating to public records requests.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 39-121.01, Arizona Revised Statutes, is amended to read:
39-121.01. Definitions; maintenance of records; requests for copies, printouts, photographs or mailing of public records; examination by mail; index; in-person access; denial of request; civil penalty
A. In this article, unless the context otherwise requires:
1. "Officer" means any person who is elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman chairperson 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, that are reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities that are supported by monies from this state or any political subdivision of this state.
C. Each public body shall be is responsible for the preservation, maintenance and care of preserving, maintaining and caring for that body's public records, and each officer shall be is responsible for the preservation, maintenance and care of preserving, maintaining and caring for that officer's public records. It shall be is the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless the public record is 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 that is 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 records shall, promptly within five business days after receiving the request, furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that 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 that a person has a right to inspect, 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 is subject to the supervision of the custodian.
E. Access to a public record is deemed denied if a the custodian either:
1. Fails to promptly respond to a request for production of a public record within five business days after receiving the request. or
2. 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.
F. A public body that violates this section is subject to a civil penalty of $500, not to exceed a total of $5,000, for each day the public records request is unfulfilled by the public body.
Sec. 2. Section 39-171, Arizona Revised Statutes, is amended to read:
39-171. Public records; requests; point of contact; compliance time frame; extension; civil penalty
A. Any entity that is subject to a public records request pursuant to this chapter shall provide the name, telephone number and email address of an employee or department that is authorized and able to provide the information requested or able to forward the request to an employee or department that is authorized and able to provide the information requested. This information shall be made available to the public on the website maintained by the entity.
B. Except if the entity maintains a centralized online portal for submission of public records requests that provides receipt on submission of a request, an employee or department that is authorized and able to provide information requested pursuant to subsection A of this section shall reply within five business days acknowledging receipt of the request.
B. An entity that is subject to a public records request pursuant to this chapter shall comply with or deny a request for public records within five business days after receipt of the request, unless the time for a response is properly extended as prescribed by subsection C of this section. The failure to comply with a request, extend the time for a response or deny a request within five business days after RECEIPT of the request shall be considered a denial of the request.
C. The entity may extend the time for a response for not more than five business days after the original due date for any of the following reasons:
1. The requested records are stored at a location other than the office that received the request.
2. The request requires the collection of a substantial number of records.
3. The requested records were not located in the course of a routine search and additional time is needed to locate them.
4. The requested records cannot be compiled by the entity within the time limits prescribed in this section without unduly burdening or INTERFERING with the operations of the entity.
D. An entity that violates this section is subject to a civil penalty of $500, not to exceed a total of $5,000, for each day the public records request is unfulfilled by the entity.