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

House Engrossed

Overview

Outlines changes to response times for public records request (Request).

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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Custodian to furnish copies, printouts or photographs of a Request according to current Request laws. (Sec.1)

2.   Stipulates that access to a public record is considered denied if the Custodian fails to respond to a Request according to current Request laws. (Sec. 1)

3.   Asserts that a public body that willfully or intentionally refuses to comply to a Request is subject to a civil penalty of at least $500, but not more than $5,000 for each occurrence. (Sec. 1)

Entity Subject to a Public Records Request

4.   Requires an entity, except if it maintains a centralized online portal for submission of Requests, subject to a public records request (Entity) to provide the following within five business days of the Request.

a)   That the request has been received;

b)   Contact information;

c)   The expected date the request will be processed. (Sec. 2)

8.   Stipulates an Entity is not prevented from subsequently notifying a requestor on if the Request was denied or delayed. (Sec. 2)

9.   Asserts that an Entity that willfully or intentionally refuses to comply to a Request is subject to a civil penalty of at least $500, but not more than $5,000 for each occurrence

10.  Makes technical changes. (Sec. 1)

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14.                    HB 2808

15.  Initials FK  Page 0 House Engrossed

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