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ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

REVISED

FACT SHEET FOR S.B. 1148

 

law enforcement; video recordings; fee

Purpose

Allows a city or town to establish a fee for a public records request to a local law enforcement agency for a copy of a video recording.

Background

All officers and public bodies must maintain records to keep an accurate knowledge of their official activities, including activities that are supported by public monies. Public records and other matters in the custody of an officer of a public body must be open to inspection by any person. Any entity that is subject to a public records request must provide the name, telephone number and email address of an employee or department that is authorized and able to provide the information requested. A county or city may not demand or receive a fee or compensation for issuing certified copies of public records or for having to search public records if the request will be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits (A.R.S. Title 39, Chapter 1).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows a city or town to establish a fee that is charged to a person who submits a public records request to a local law enforcement agency for a copy of a video recording.

2.   Allows a city or town, when determining the amount of the fee, to take into consideration:

a)   the cost of reviewing, storing, making a copy of and, as necessary, redacting the video recording;

b)   the hourly compensation of a public records employee; and

c)   any other relevant information.

3.   Becomes effective on the general effective date.

Revisions

· Corrects the background to clarify that a county or city may not demand a fee for issuing or searching for public records if the request will be used in connection with a claim, rather than allowing the fee.

Prepared by Senate Research

February 16, 2023

AN/SB/slp