ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: GOV DP 7-0-0-0 | Third Read 16-11-3-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1078: public records; review standard

Sponsor: Senator Kavanagh, LD 3

Committee on Government

Overview

Asserts that the standard of review for a question of law arising under statutes related to public records is de novo.

History

Public records and other matters in any officer's custody must be open to inspection by any individual at all times during office hours. An individual who has requested to examine or copy public records according to the statute relating to searches and copies of public records and has been denied access to such record can appeal the denial through a special action in the superior court. A victim denied access during a criminal case can appeal the denial in superior court through a special action within the criminal case. If the person seeking public records has substantially prevailed, the court can award attorney fees and other legal costs. Additionally, any person who is wrongfully denied access to public records has a cause of action against the officer or public body for any damages as a result of the denial (A.R.S. §§ 39-121, 39-121.02).

Provisions

1.   Stipulates that the standard of review for a question of law arising under statute related to public records, including if any exception to disclosure applies, is de novo. (Sec. 1)

2.    

3.    

4.   ---------- DOCUMENT FOOTER ---------

5.   Initials ML/MN               SB 1078

6.   3/6/2026    Page 0 Government

7.    

8.   ---------- DOCUMENT FOOTER ---------