HB 2808
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2808: public records; time frame
Sponsor: Representative Carbone, LD 25
Committee on Government
Overview
Changes a custodian of public records (Custodian) and an entity that is subject to a public records
request (Entity) compliance time for a public records request (Request) from promptly to five
business days.
History
Currently, any person may request to examine or be furnished copies, printouts or photographs
of any public record. The Custodian must promptly furnish these public records (A.R.S. § 39-
121.01).
Under current law, access to a public record is deemed denied if the Custodian fails to promptly
respond to a request or fails to provide the requesting person a reason for why certain records
were withheld (A.R.S. § 39-121.01).
For an Entity, it must provide the contact information for an employee or department that is able
to provide the information requested and make the information available on its website.
Additionally, an Entity must acknowledge receipt of the Request within five business days unless
it maintains an online portal that provides a receipt of the Request (A.R.S. § 39-121.01).
Provisions
Custodian of Public Records
1. Requires the Custodian to furnish copies, printouts or photographs of a Request within five
business days after receiving the Request. (Sec.1)
2. Stipulates that access to a public record is considered denied if the Custodian fails to respond
to a Request within five business days. (Sec. 1)
3. Asserts that a public body that violates the five business day response timeline is subject to a
civil penalty of $500, not to exceed a total of $5,000, for each day the Request is unfulfilled by
the public body. (Sec. 1)
Entity Subject to a Public Records Request
4. Repeals statute that states an Entity must acknowledge receipt of the Request within five
business days unless it maintains an online portal that provides a receipt of the Request. (Sec.
2)
5. Requires an Entity to comply with or deny a Request within five business days after receipt of
the Request unless the time for a response is properly extended. (Sec. 2)
6. Stipulates that an Entity who fails to comply with a Request, extend the time for a response
or deny a Request within five business days after receipt is considered to have denied the
Request. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2808
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7. States the Entity may extend the response time for not more than five business days after the
original due date for the following reasons:
a) The requested records are stored at a location other than the office that received the
Request;
b) The Request requires the collection of a substantial number of records;
c) The requested records were not located in the course of a routine search and additional
time is needed to locate them; and
d) The requested records cannot be compiled by the Entity within five business days without
unduly burdening or interfering with operations. (Sec. 2)
8. Specifies that an Entity who violates the five business day time restriction is subject to a civil
penalty of $500, not to exceed a total of $5,000, for each day the Request is late. (Sec. 2)
9. Makes technical changes. (Sec. 1)