ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: GOV DPA 9-0-0-0

HB 2808: public records; time frame

Sponsor: Representative Carbone, LD 25

Caucus & COW

Overview

Changes a custodian of public records (Custodian) and an entity that is subject to a public records request (Entity) compliance time for a public records request (Request) from promptly to five business days.

History

Currently, any person may request to examine or be furnished copies, printouts or photographs of any public record. The Custodian must promptly furnish these public records (A.R.S. § 39-121.01).

Under current law, access to a public record is deemed denied if the Custodian fails to promptly respond to a request or fails to provide the requesting person a reason for why certain records were withheld (A.R.S. § 39-121.01).

For an Entity, it must provide the contact information for an employee or department that is able to provide the information requested and make the information available on its website. Additionally, an Entity must acknowledge receipt of the Request within five business days unless it maintains an online portal that provides a receipt of the Request (A.R.S. § 39-121.01).

Provisions

Custodian of Public Records

1. Requires the Custodian to furnish copies, printouts or photographs of a Request within five business days after receiving the Request. (Sec.1)

2. Stipulates that access to a public record is considered denied if the Custodian fails to respond to a Request within five business days. (Sec. 1)

3. Asserts that a public body that violates the five business day response timeline is subject to a civil penalty of $500, not to exceed a total of $5,000, for each day the Request is unfulfilled by the public body. (Sec. 1)

Entity Subject to a Public Records Request

4. Repeals statute that states an Entity must acknowledge receipt of the Request within five business days unless it maintains an online portal that provides a receipt of the Request. (Sec. 2)

5. Requires an Entity to comply with or deny a Request within five business days after receipt of the Request unless the time for a response is properly extended. (Sec. 2)

6. Stipulates that an Entity who fails to comply with a Request, extend the time for a response or deny a Request within five business days after receipt is considered to have denied the Request. (Sec. 2)

7. States the Entity may extend the response time for not more than five business days after the original due date for the following reasons:

a) The requested records are stored at a location other than the office that received the Request;

b) The Request requires the collection of a substantial number of records;

c) The requested records were not located in the course of a routine search and additional time is needed to locate them; and

d) The requested records cannot be compiled by the Entity within five business days without unduly burdening or interfering with operations. (Sec. 2)

8. Specifies that an Entity who violates the five business day time restriction is subject to a civil penalty of $500, not to exceed a total of $5,000, for each day the Request is late. (Sec. 2)

9. Makes technical changes. (Sec. 1)

Amendments

Committee on Government

1. Extends the public record request response deadline from five business days to 15 business days.

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5. HB 2808

6. Initials FK Page 0 Caucus & COW

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