The Arizona Senate today voted in support of yet one more piece of legislation, S.B. 1282, to restrict the public’s access to public documents. The bill is sponsored by Senator John Kavanagh, who has made increasing government secrecy a hallmark of his tenure.
The bill allows elected officials to deny the public access to public records if the request “is unduly burdensome or harassing.”
While the legislative overview claims there is “no anticipated fiscal impact to the state General Fund associated with this legislation,” the impact on the public and its trust in government is expected to be substantial.
Earlier this year, Kavanagh proposed legislation to make it illegal to record police from within 20 feet. Kavanagh, a retired cop, said such a law was necessary for officer safety.
Legislative Overview:
Background
According to A.R.S. § 39-121.01, all public bodies and officers of public bodies are required to maintain all records reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and any other activities that are supported by monies from this state or any political subdivision of this state. Statute requires that public records and other matters in the custody of any officer of a public body be open to inspection by any person at all times during office hours (A.R.S. § 39-121). Any person is permitted to request to examine or be furnished with copies, printouts or photographs of any public record during regular office hours or to request that the custodian mail a copy of any public record not available on the public body’s website. Statute permits the custodian to require any person requesting a mailed copy of any public record to pay in advance for any copying and postage charges. The custodian must promptly furnish the copies, printouts or photographs and is permitted to charge a fee if the facilities are available, with certain exceptions (A.R.S. § 39-121.01).
Any person who has requested to examine or copy public records as prescribed and who has been denied access to or the right to copy such records may appeal the denial through a special action in superior court. The court is permitted to award attorney’s fees and other legal costs that are reasonably incurred in any such action, if the person seeking public records has substantially prevailed. Additionally, any person who is wrongfully denied access to public records has a cause of action against the officer or public body for any damages resulting from the denial (A.R.S. § 39-121.02).
Provisions
1. Establishes as a defense, to any action related to a request for access to public records, that the request is unduly burdensome or harassing.
2. Allows a person who requested access to public records by identifying the records with reasonable particularity, and has been denied access to such records, can appeal through the superior court.
3. Makes technical changes.
4. Becomes effective on the general effective date.