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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
public records; time frame
Purpose
Requires an entity that is subject to a public records request to provide, within five business days, a notification that includes the contact information of the employee authorized to provide the information and the expected date the request will be processed. Subjects a public body that refuses to comply with a public records request willfully or intentionally to a penalty.
Background
A public body includes the state, any county, city, town, school district, political subdivision or tax-supported district, any branch, department, board, bureau, commission, council or committee of the foregoing and any public organization or agency, supported in whole or in part by monies from the state or its political subdivisions, or expending monies provided by the state or its political subdivisions. Public bodies must maintain records in order to maintain an accurate knowledge of their official activities. Each public body and officer must be responsible for the preservation, maintenance and care of the public records. Public records must be secured, protected and preserved from deterioration, mutilation, loss or destruction. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours. An 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 requested information. Unless the entity maintains a centralized online portal to submit public records requests and provides a receipt on submission of a request, an employee or department that is authorized and able to provide requested information must reply within five business days acknowledging the receipt of the request. Access to a public record is denied if a custodian fails to: 1) promptly respond to a request for production of a public record; or 2) provide the requesting person an index of any record or categories of records that are withheld from production (A.R.S. §§ 39-121.01 and 39-171).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
a) a notification that the request has been received
b) the contact information of the employee or department that is authorized and able to provide the information; and
c) the expected date the request will be processed.
2. Specifies that the requirement for a public records request does not preclude an entity from notifying a requestor of a public record of the denial or delay of the request.
3. Subjects a public body that willfully or intentionally refuses to comply with a public records request or otherwise acts in bad faith to a civil penalty of at least $500 to $5,000 for each occurrence.
4. Requires, in assessing the civil penalty, the aggravation and mitigation of the entity and whether the entity has previously been assessed penalties for public records violations to be considered.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
GOV 2/15/23 DPA 9-0-0-0
3rd Read 3/9/23 57-0-3
Prepared by Senate Research
March 28, 2023
AN/CS/slp