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ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1437

 

public records; format; fees

Purpose

Requires copies of a public record to be provided in the least expensive manner possible and in an electronic format. Requires a public records fee to be based on material costs only.

Background

Permanent public record of the state, a county, city or town or other political subdivision of the state must be transcribed or kept on paper or other material that is of durable or permanent quality. All public officers and public bodies must maintain all public records reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and activities that are supported by monies from the state or a political subdivision of the state. Each public officer or public body is responsible for the preservation, maintenance and care of the respective officer's or body's public records. A person may make a public records request as authorized by statute by requesting to examine or be provided copies, printouts or photographs of any public record. The custodian of public records must promptly furnish the public records request and may charge an appropriate fee, with exceptions. Access to a public record is deemed denied if a custodian fails to promptly respond to the request in the manner prescribed by statute.

Statute outlines circumstances when a public entity may charge additional fees for a public records request. A person who requests a copy of a public record for a commercial purpose must provide a statement setting forth the purpose for which the record will be used and may be charged a different fee from that charged for a noncommercial purpose. A city, town, county or political subdivision of the state may establish a one-time fee per copy, up to $46 per video-hour reviewed, that is charged to a person who submits a public records request to a law enforcement agency for a copy of a video recording (A.R.S. Title 39, Chapter 1).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires, on request, copies of a public record to be provided in the least expensive manner possible and in an electronic format.

2.   Requires the fee for a public record to be based on material costs only.

3.   Exempts, from the requirement that a public record fee be based on material costs only, a public records request for a commercial purpose or for a video recording from a law enforcement agency.

4.   Makes technical changes.

5.   Becomes effective on the general effective date.

Prepared by Senate Research

February 2, 2026

AN/ci