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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
public records; notification; commercial purpose
Purpose
Requires a person submitting a public records request to affirm that the public record is not for a commercial purpose, or if the request is for a commercial purpose, requires the person to provide a statement that explains the intended use pursuant to statutory requirements for using the public records for a commercial purpose.
Background
All officers and public bodies must maintain all records that are reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and any activities supported by public monies. Each public body and officer must be responsible for the preservation, maintenance and care of the body's and officer's public records. Any person may request to examine or be furnished copies, printouts or photographs of any public record. When a person requests copies, printouts or photographs of public records for a commercial purpose, the person must provide a statement outlining the commercial purpose for which the copies, printouts or photographs will be used. A person who obtains a public record for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses such records for a commercial purpose must, in addition to other penalties, be liable to the state or political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated in addition to costs and attorney's fees. If it can be shown that the public record would not have been provided had the commercial purpose been stated, the person who obtained the records will be liable for three times the actual damages along with costs and attorney's fees.
Commercial purpose means the use of a public record for the purpose of sale, resale or producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from public records for the purpose of solicitation, sale of names and addresses to another or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi-judicial body (A.R.S. §§ 39-121.01 and 39-121.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person submitting a public records request to affirm that the public record is not for a commercial purpose, or if the request is for a commercial purpose that the requesting person provide a statement that explains the intended use pursuant to statutory requirements relating to obtaining and using public records for a commercial purpose.
2. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Requires a person requesting public records for a commercial purpose to provide a statement that explains the intended use pursuant to statutory requirements, rather than a statement affirming compliance with statute.
2. Makes technical changes.
Senate Action House Action
GOV 2/19/25 DP 7-0-0 GOV 3/19/25 DPA 7-0-0-0
3rd Read 2/27/25 26-3-1 3rd Read 4/14/25 53-2-5
Prepared by Senate Research
April 14, 2025
AN/DL/ci