Arizona 2023 Regular Session

Arizona House Bill HB2808

Introduced
2/7/23  
Report Pass
2/15/23  
Report Pass
3/6/23  

Caption

Public records; time frame

Impact

This legislation is aimed at promoting transparency in government operations by ensuring that public records are maintained properly and made accessible to the public. It emphasizes the responsibility of public officials and bodies to safeguard records from deterioration or destruction, further mandating the creation of an index for withheld records. If a public body is found to willfully refuse access to records or operates in bad faith, it may be assessed civil penalties ranging from $500 to $5,000 per violation. This introduces a mechanism for holding public bodies accountable for their handling of public records, thereby enhancing the integrity of public information access.

Summary

House Bill 2808 amends existing statutes related to public records in Arizona, specifically sections 39-121.01 and 39-171 of the Arizona Revised Statutes. The bill aims to enhance the accessibility of public records while imposing clearer responsibilities on public bodies regarding the management and provision of records. It specifies that public bodies must maintain their records accurately and outlines the process for the public to request access to these records, ensuring that individuals can obtain copies, printouts, or photographs of public records upon request, provided they comply with necessary stipulations such as payment of copying fees where applicable.

Sentiment

The sentiment regarding HB 2808 appears to be generally positive, as it aligns with values of government accountability and public transparency. Proponents of the bill advocate for the need for enhanced access to public records, viewing it as a necessary step toward empowering citizens and ensuring that government actions are subject to scrutiny. However, there may also be concerns from some legislators regarding the administrative burden placed on public bodies and the potential costs associated with compliance, leading to a divided opinion on the practical implications of the bill.

Contention

While HB 2808 seeks to improve public record accessibility, it may face contention regarding the balance between transparency and the operational realities of public agencies. Some critics may argue that the additional requirements for record management and the civil penalties for non-compliance could create undue stress on public bodies, particularly smaller entities. The bill could ignite discussions on how best to ensure governmental transparency while also considering the resources available to different public bodies, sparking a debate on efficiency versus accountability in public administration.

Companion Bills

No companion bills found.

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