PREFILED JAN 06 2026
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REFERENCE TITLE: public records; response requirements; complaints |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2139 |
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Introduced by Representatives Way: Lopez
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AN ACT
amending sections 39-121.01, 39-121.02 and 39-171, 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 39-121.01, Arizona Revised Statutes, is amended to read:
39-121.01. Definitions; maintenance of records; requests; copies, printouts, photographs or mailing of public records; index; in-person access; denial of request; responses
A. In this article, unless the context otherwise requires:
1. "Officer" means any person who is elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body.
2. "Public body" means this state, any county, city, town, school district, political subdivision or tax-supported district in this state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, that is supported in whole or in part by monies from this state or any political subdivision of this state, or expending that spends monies provided by this state or any political subdivision of this state.
B. All officers and public bodies shall maintain all records, including records as defined in section 41-151, that are reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities that are supported by monies from this state or any political subdivision of this state.
C. Each public body shall be is responsible for the preservation, maintenance and care of that body's public records, and each officer shall be is responsible for the preservation, maintenance and care of that officer's public records. It shall be is the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless the public record is disposed of pursuant to sections 41-151.15 and 41-151.19.
D. Subject to section 39-121.03:
1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record that is not otherwise available on the public body's website to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a reasonable fee if the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be furnished without charge. At the time of the request, the requesting person shall affirm that the public record is not for a commercial purpose or, if the public record is for a commercial purpose, that the requesting person will provide a statement that explains the intended use pursuant to section 39-121.03, subsection A.
2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order. This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index. For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41-1001 but does not include the department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the state department of corrections.
3. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record that a person has a right to inspect, the person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be is subject to the supervision of the custodian.
E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a the public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section.
F. The custodian of a public record shall provide the requesting entity with a response to the request within fifteen business days after receiving the request. If the request is complex or involves multiple records, the custodian shall provide a written notice to the requestor for each successive fifteen business-day period that a response is not provided. The written notice must include a time frame for providing a response to the public records request. For the purposes of this subsection, "response" includes the disclosure of the public records that are disclosable pursuant to this chapter or a notice of denial that describes the specific exemption from disclosure and a brief explanation of how the exemption applies to the request.
G. The response requirement prescribed in subsection F of this section is tolled during the time that the custodian of a public record makes a request for clarification pursuant to section 39-171 and until the custodian receives a response.
Sec. 2. Section 39-121.02, Arizona Revised Statutes, is amended to read:
39-121.02. Actions on denial of access; costs and attorney fees; damages
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 the records may do the following:
1. 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. If a victim the PERSON is a victim who is denied access to a public record pursuant to this article in the course of a criminal case in superior court, the victim may appeal the denial through a special action within the criminal case.
2. Submit a complaint to the office of ombudsman-citizens aide pursuant to title 41, chapter 8, article 5.
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. This subsection 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.
Sec. 3. Section 39-171, Arizona Revised Statutes, is amended to read:
39-171. Public records; requests; point of contact; receipt of request
A. Any entity that is subject to a public records request pursuant to this chapter shall provide the name, telephone number and email address of an employee or department that is authorized and able to provide the information requested or able to forward the request to an employee or department that is authorized and able to provide the information requested. This information shall be made available to the public on the website maintained by the entity.
B. Except if the entity maintains a centralized online portal for submission of public records requests that provides a receipt on submission of a request, an employee or department that is authorized and able to provide information requested pursuant to subsection A of this section shall reply within five business days acknowledging receipt of the request.
C. each receipt of a public records request must contain the following information:
1. An acknowledgement of the request.
2. The estimated time frame to respond to the request.
3. if the request is vague or overbroad, lacks sufficient detail or is incomplete, A request for clarification.
Sec. 4. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.