HB 2808
Initials FK Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: GOV DPA 9-0-0-0
HB 2808: public records; time frame
Sponsor: Representative Carbone, LD 25
House Engrossed
Overview
Outlines changes to response times for public records request (Request).
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 according to
current Request laws. (Sec.1)
2. Stipulates that access to a public record is considered denied if the Custodian fails to respond
to a Request according to current Request laws. (Sec. 1)
3. Asserts that a public body that willfully or intentionally refuses to comply to a Request is
subject to a civil penalty of at least $500, but not more than $5,000 for each occurrence. (Sec.
1)
Entity Subject to a Public Records Request
4. Requires an entity, except if it maintains a centralized online portal for submission of
Requests, subject to a public records request (Entity) to provide the following within five
business days of the Request.
a) That the request has been received;
b) Contact information;
c) The expected date the request will be processed. (Sec. 2)
8. Stipulates an Entity is not prevented from subsequently notifying a requestor on if the Request
was denied or delayed. (Sec. 2)
9. Asserts that an Entity that willfully or intentionally refuses to comply to a Request is subject to
a civil penalty of at least $500, but not more than $5,000 for each occurrence
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2808
Initials FK Page 2 House Engrossed
10. Makes technical changes. (Sec. 1)