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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: GOV DP 7-0-0-0 | 3rd Read: 26-3-1-0 |
SB 1372: public records; notification; commercial purpose
Sponsor: Senator Mesnard, LD 13
Committee on Government
Overview
Requires a person requesting a public record to submit a statement affirming the public record is not for a commercial purpose.
History
Statute authorizes any person to request to examine or be provided with copies of any public record. The custodian of public records may request fees in order to provide the public record except for specified police reports and records to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits (A.R.S. §§ 39-121.01, 39-122, 39-127).
A commercial purpose is defined as the use of a record for the purpose of: 1) sale; 2) resale; 3) producing a document containing all or part of the public record for sale or resale; 4) obtaining names from the public record for solicitation or sale; and 5) any other purpose in which the purchaser can reasonably anticipate the receipt of a monetary gain from the use of the record. Upon request of public records for a commercial purpose the requesting person must provide a statement describing the commercial purpose for which the public records will be used (A.R.S. § 39-121.03).
Upon determination of the custodian of public records that the usage is an abuse or misuse the custodian may apply to the Governor to prohibit the furnishing of such records. Records may be designated as privileged or confidential by statute or court order (A.R.S. §§ 39-121.01, 39-121.03).
Provisions
1. Requires a person requesting a public record to provide, at the time of the request, a statement affirming the public record is not for a commercial purpose or is for a commercial purpose that complies with existing law. (Sec. 1)
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5. SB 1372
6. Initials JH/SR Page 0 Government
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