Bill Text: AZ HB2118 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Public records; denial of access
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-03-21 - Senate GOV Committee action: Failed To Pass, voting: (2-5-0-0) [HB2118 Detail]
Download: Arizona-2018-HB2118-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2118 |
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AN ACT
amending section 39-121.02, 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 39-121.02, Arizona Revised Statutes, is amended to read:
39-121.02. Action on denial of access of public records; costs and attorney fees; damages
A. Any person who has requested requests access to examine or copy public records pursuant to this article, and who has been is denied access to or the right to copy such the records, may appeal the denial through a special action in the superior court, against the officer or public body that has custody of the records pursuant to the rules of procedure for special actions against the officer or public body.
B. The court may shall 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. Nothing in substantially prevails. Any award for attorney fees and costs in any action under this article shall be assessed against either the public body responsible for denying access to the public records or against the public body that directly employs the custodian of the public records. This subsection shall 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.
