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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
technical
correction; double punishment
(NOW: legislators; public records; fees; exemptions)
Purpose
Prohibits a legislator from being charged a fee for a public records request and requires the public record to be made available electronically.
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 the fee 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. Prohibits, notwithstanding any other law, any legislator who makes a public records request in the legislator's official capacity from being charged a fee.
2. Determines that a legislator who makes a public records request in the legislator's official capacity is not responsible for any cost related to the public records request.
3. Requires any public records provided to a legislator who makes a public records request in the legislator's official capacity to be made available to the legislator electronically.
4. Becomes effective on the general effective date.
House Action
ED 2/17/26 DPA/SE 8-3-0-1
3rd Read 3/3/26 38-18-3-0-1
Prepared by Senate Research
March 19, 2026
AN/KP/ci