Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2808
public records; time frame
Purpose
Requires an entity that is subject to a public records request to provide, within five business
days, a notification that includes the contact information of the employee authorized to provide the
information and the expected date the request will be processed. Subjects a public body that refuses
to comply with a public records request willfully or intentionally to a penalty.
Background
A public body includes the state, any county, city, town, school district, political
subdivision or tax-supported district, any branch, department, board, bureau, commission, council
or committee of the foregoing and any public organization or agency, supported in whole or in part
by monies from the state or its political subdivisions, or expending monies provided by the state
or its political subdivisions. Public bodies must maintain records in order to maintain an accurate
knowledge of their official activities. Each public body and officer must be responsible for the
preservation, maintenance and care of the public records. Public records must be secured, protected
and preserved from deterioration, mutilation, loss or destruction. Any person may request to
examine or be furnished copies, printouts or photographs of any public record during regular office
hours. An entity that is subject to a public records request must provide the name, telephone
number and email address of an employee or department that is authorized and able to provide the
requested information. Unless the entity maintains a centralized online portal to submit public
records requests and provides a receipt on submission of a request, an employee or department that
is authorized and able to provide requested information must reply within five business days
acknowledging the receipt of the request. Access to a public record is denied if a custodian fails
to: 1) promptly respond to a request for production of a public record; or 2) provide the requesting
person an index of any record or categories of records that are withheld from production (A.R.S.
ยงยง 39-121.01 and 39-171).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires an entity that does not maintain a centralized submission portal and that is subject to
a public records request within five business days of a request to provide:
a) a notification that the request has been received
b) the contact information of the employee or department that is authorized and able to
provide the information; and
c) the expected date the request will be processed. FACT SHEET
H.B.2808
Page 2
2. Specifies that the requirement for a public records request does not preclude an entity from
notifying a requestor of a public record of the denial or delay of the request.
3. Subjects a public body that willfully or intentionally refuses to comply with a public records
request or otherwise acts in bad faith to a civil penalty of at least $500 to $5,000 for each
occurrence.
4. Requires, in assessing the civil penalty, the aggravation and mitigation of the entity and
whether the entity has previously been assessed penalties for public records violations to be
considered.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
GOV 2/15/23 DPA 9-0-0-0
3
rd
Read 3/9/23 57-0-3
Prepared by Senate Research
March 28, 2023
AN/CS/slp