|
REFERENCE TITLE: public records; unduly burdensome requests |
|
State of Arizona Senate Fifty-second Legislature First Regular Session 2015
|
|
SB 1339 |
|
|
|
Introduced by Senator Shooter
|
AN ACT
Amending section 39-121.02, Arizona Revised Statutes; relating to public records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 39-121.02, Arizona Revised Statutes, is amended to read:
39-121.02. Action on denial of access; costs and attorney fees; damages; burdensome request; affirmative defense
A. Any person who has requested to examine or copy public records pursuant to this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.
B. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed. Nothing in This subsection shall does not limit the rights of any party to recover attorney fees, expenses and double damages pursuant to section 12‑349.
C. Any person who is wrongfully denied access to public records pursuant to this article has a cause of action against the officer or public body for any damages resulting from the denial.
D. It is a defense to any action under this article that the request for access to public records is unduly burdensome or harassing.
E. A request for public records may be unduly burdensome if the request either:
1. Does not identify the requested records with reasonable particularity.
2. Cannot be narrowed or reduced to a manageable degree after the officer or public body both:
(a) Explains in writing why the request is not manageable.
(b) Provides the person seeking the public records a reasonable opportunity to narrow or reduce the request to a manageable degree.