REFERENCE TITLE: public records; attorney fees State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1694 Introduced by Senator Gonzales AN ACT Amending section 39-121.02, Arizona Revised Statutes; relating to public records. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: public records; attorney fees
State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
SB 1694
Introduced by Senator Gonzales
REFERENCE TITLE: public records; attorney fees
State of Arizona
Senate
Fifty-fifth Legislature
Second Regular Session
2022
SB 1694
Introduced by
Senator Gonzales
AN ACT
Amending section 39-121.02, 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 39-121.02, Arizona Revised Statutes, is amended to read: START_STATUTE39-121.02. Action 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 records, may 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. 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. The court may not award attorney fees to an officer or public body in any action under this article. Nothing in this subsection shall does not limit the rights of any party that is not an officer or public body 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. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 39-121.02, Arizona Revised Statutes, is amended to read:
START_STATUTE39-121.02. Action 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 records, may 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.
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. The court may not award attorney fees to an officer or public body in any action under this article. Nothing in this subsection shall does not limit the rights of any party that is not an officer or public body 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. END_STATUTE