Arizona’s Public Records Law
Arizona law requires all officers and public bodies to maintain records reasonably necessary to provide an accurate accounting of their official activities and of any government funded activities.
Any record in the custody of an Arizona government entity that has a substantial nexus to government activity is considered a public record and is presumed to be subject to disclosure. Griffis v. Pinal Cnty., 215 Ariz. 1, 4, ¶ 10, 156 P.3d 418, 421 (2007). Pursuant to A.R.S. section 39-121, the public has a right to inspect (i.e. view in person) public records. Pursuant to A.R.S. section 39-121.01, the public has a right to obtain copies of public records, subject to reasonable copy fees.
REQUESTS TO OMBUDSMAN-CITIZENS’ AIDE OFFICE
Pursuant to A.R.S. section 39-171, entities subject to the public records law must make available on their websites “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.”
Pursuant to this section, please direct all public records requests for Ombudsman-Citizens’ Aide office records* to:
LEGISLATION
Fifty-Sixth Legislature, First Regular Session:
[The Legislature adjourned Sine Die on 6/15.]Bills in italics did not pass.
Bills in bold were signed into law and go into effect on 9/14.
- HB2032 – Would make “school building blueprints and floor plans” not public records and exempt from disclosure under public records law.
- This bill has not advanced beyond second reading.
- HB2085 – While not pertaining to the Title 39 public records law, this bill would restrict access to HOA records as well as making other changes regarding access to HOA records.
- This bill has not advanced beyond second reading.
- HB2469 – Would make “a voter’s signature on the voter’s registration record and a voter’s signature on an early ballot affidavit” public records subject to public disclosure. Disclosure must occur within 48 hours.
- This bill has not advanced beyond second reading.
- HB2593 – Would amend section 39-171 to institute new penalties for violating the public records law and require an agency to provide a records requester, within five days of receipt of the request, a notification that includes acknowledgment of receipt, specific contact information for the agency’s public records contact, and the expected date for fulfillment of the request.
- This bill failed on 2/21 by a vote of 25-30-4-0-1. A motion to reconsider within 14 days passed.
- This bill passed on 3/4 by a vote of 48-12 and was transmitted to the Senate.
- The bill was scheduled for the Senate Government Committee on 3/20 and 3/21.
- HB2614 – Would add section 39-130, permitting school districts to charge a fee for searching for and providing records. In determining the few, a district can consider “the reasonable cost of reviewing, transmitting, making a copy of and, as necessary, redacting the public record” and “any other relevant factor.”
- This bill has not advanced beyond second reading.
- SB1240 – Would make “cast vote record[s]” public records.
- This bill was passed by the Senate by a vote of 17-12-1 and transmitted to the House on 2/21.
- It was second-read in the House on 2/27.
- SB1371 – Would amend section 39-127 to entitle a victims of domestic violence or sexual offenses (or a victim’s attorney) to obtain video recordings from the investigating law enforcement agency for no charge within two weeks of requesting the records.
- This bill was signed into law on 3/29.
- SB1481 – Would subject many entities associated with charter schools, including charter school sponsors, corporates boards of directors, and management organizations that contract with charter schools, to the public records law and the open meeting law.
- This bill has not advanced beyond second reading.
- SB1693 – Would amend section 39-121.02 to prohibit a government official or entity from recovering attorneys fees for a public records law court action.
- This bill has not advanced beyond second reading.
- SB1710 – Would heavily regulate what must and cannot be disclosed from police body camera video.
- This bill has not advanced beyond second reading.
News
- 7/26/2024 — The Legislature adjourned sine die on 6/15. SB1371 goes into effect on 9/14/2024.
- 7/26/2024 — We have updated and made minor revisions to our Public Records Law booklet and published the newest version (below), which also includes the changes made by SB1371.
Public Records – PUBLICATIONS
- Arizona Ombudsman Public Records Law Booklet
- Arizona Agency Handbook – Chapter 6 (Index of Records Confidential by Statute is Located in Appendix 6.1 and 6.2, p. 16)
- Attorney General Opinions: 1999 to present
- Attorney General Opinions prior to 1999
- Opinion No: I13-012 (R13-018), Re: Charging Copying Fees Under Arizona’s Public Records Law
- Arizona State Library, Archives and Public Records – Retention Schedules
- Arizona Ombudsman Public Access Newsletters – The Public Record
Public Records – RESOURCES
- Frequently Asked Questions – General
- Frequently Asked Questions for Journalists
- Best Practices for Custodians of Public Records
- Office of Government Information Services – The Federal FOIA Ombudsman
- Arizona State Library – How and where to find various Arizona records
Public Records – STATUTES
- The Arizona Public Records Law is located in A.R.S. §§ 39-121 through 39-161.
- Statutory requirements for records management are located in A.R.S. §§ 41-151 through 41-151.23.