public records; response requirements; complaints

HB2139 - 572R - I Ver

PREFILED��� JAN 06 2026

REFERENCE TITLE:
public records; response requirements; complaints

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2139

Introduced by

Representatives
Way: Lopez

AN
ACT

amending sections 39-121.01, 39-121.02
and 39-171, 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 39-121.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
39-121.01.

Definitions; maintenance of records; requests; copies, printouts,
photographs or mailing of public records; index; in-person access; denial of
request; responses

A. In this article, unless the context otherwise
requires:

1. "Officer" means any person
who is
elected or appointed to hold any elective or appointive
office of any public body and any chief administrative officer, head, director,
superintendent or chairman of any public body.

2. "Public body" means this state, any
county, city, town, school district, political subdivision or tax-supported
district in this state, any branch, department, board, bureau, commission,
council or committee of the foregoing, and any public organization or agency
,

that is
supported in whole or in
part by monies from this state or any political subdivision of this state
,
or
expending

that
spends
monies provided by this state or any political subdivision of
this state.

B. All officers and public bodies shall maintain all
records, including records as defined in section 41-151,
that
are
reasonably necessary or appropriate to maintain an accurate
knowledge of their official activities and of any of their activities that are
supported by monies from this state or any political subdivision of this state.

C. Each public body
shall be

is
responsible for the preservation, maintenance and care of
that body's public records, and each officer
shall be

is
responsible for the preservation, maintenance and care of
that officer's public records. It
shall be

is
the duty of each such body to carefully secure, protect and
preserve public records from deterioration, mutilation, loss or destruction,
unless
the public record is
disposed of pursuant to
sections 41-151.15 and 41-151.19.

D. Subject to section 39-121.03:

1. Any person may request to examine or be furnished
copies, printouts or photographs of any public record during regular office
hours or may request that the custodian mail a copy of any public record
that is
not otherwise available on the public body's website to
the requesting person. The custodian may require any person
requesting that the custodian mail a copy of any public record to pay in
advance for any copying and postage charges. The custodian of such
records shall promptly furnish such copies, printouts or photographs and may
charge a
reasonable
fee if the facilities are available,
except that public records for purposes listed in section 39-122 or 39-127
shall be furnished without charge. At the time of the request, the
requesting person shall affirm that the public record is not for a commercial
purpose or, if the public record is for a commercial purpose, that the
requesting person will provide a statement that explains the intended use
pursuant to section 39-121.03, subsection A.

2. If requested, the custodian of the records of an agency
shall also furnish an index of records or categories of records that have been
withheld and the reasons the records or categories of records have been
withheld from the requesting person.� The custodian shall not include in the
index information that is expressly made privileged or confidential in statute
or a court order. This paragraph shall not be construed by an
administrative tribunal or a court of competent jurisdiction to prevent or
require an order compelling a public body other than an agency to furnish an
index. For the purposes of this paragraph, "agency" has
the same meaning prescribed in section 41-1001 but does not include the
department of public safety, the department of transportation motor vehicle
division, the department of juvenile corrections and the state department of
corrections.

3. If the custodian of a public record does not have
facilities for making copies, printouts or photographs of a public record that
a person has a right to inspect, the person shall be granted access to the
public record for the purpose of making copies, printouts or
photographs. The copies, printouts or photographs shall be made
while the public record is in the possession, custody and control of the
custodian of the public record and
shall be

is
subject to the supervision of the custodian.

E. Access to a public record is deemed denied if a
custodian fails to promptly respond to a request for production of
a

the
public record or fails to
provide to the requesting person an index of any record or categories of
records that are withheld from production pursuant to subsection D, paragraph 2
of this section.

F. The custodian of a public record
shall provide the requesting entity with a response to the request within
fifteen business days after receiving the request.� If the request is complex
or involves multiple records, the custodian shall provide a written notice to
the requestor for each successive fifteen business-day period that a
response is not provided.� The written notice must include a time frame for
providing a response to the public records request. For the purposes
of this subsection, "response" includes the disclosure of the public
records that are disclosable pursuant to this chapter or a notice of denial
that describes the specific exemption from disclosure and a brief explanation
of how the exemption applies to the request.

G. The response requirement
prescribed in subsection F of this section is tolled during the time that the
custodian of a public record makes a request for clarification pursuant to
section 39-171 and until the custodian receives a response.
END_STATUTE

Sec. 2. Section 39-121.02, Arizona Revised Statutes, is amended to read:

START_STATUTE
39-121.02.

Actions 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

the
records may
do the following:

1.
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.� If
a victim

the PERSON
is
a victim who is

denied access to a public record pursuant to this article

in
the course of a criminal case in superior court, the victim may appeal the
denial through a special action within the criminal case.

2. Submit a complaint to the office
of ombudsman-citizens aide pursuant to title 41, chapter 8, article 5.

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. This
subsection does not limit the rights of any party 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

Sec. 3. Section 39-171, Arizona Revised
Statutes, is amended to read:

START_STATUTE
39-171.

Public records; requests; point of contact; receipt of request

A. Any entity that is subject to a public records
request pursuant to this chapter shall provide the name, telephone number and
email address of an employee or department that is authorized and able to
provide the information requested or able to forward the request to an employee
or department that is authorized and able to provide the information
requested. This information shall be made available to the public on
the website maintained by the entity.

B. Except if the entity maintains a centralized
online portal for submission of public records requests that provides
a
receipt on submission of a request, an employee or department
that is authorized and able to provide information requested pursuant to
subsection A of this section shall reply within five business days
acknowledging receipt of the request.
END_STATUTE

C. each receipt of a public records
request must contain the following information:

1. An acknowledgement of the request.

2. The estimated time frame to
respond to the request.

3. if the request is vague or
overbroad, lacks sufficient detail or is incomplete, A request for
clarification.

Sec. 4.
Requirements for enactment; two-thirds vote

Pursuant to article IX, section 22,
Constitution of Arizona, this act is effective only on the affirmative vote of
at least two-thirds of the members of each house of the legislature and is
effective immediately on the signature of the governor or, if the governor
vetoes this act, on the subsequent affirmative vote of at least three-fourths
of the members of each house of the legislature.