Arizona Senate
Forty Seventh Legislature
First Regular Session -- 2005
Introduced by Senators Martin: Blendu, Burns, Garcia, Gould, Gray, Harper, Huppenthal, Mitchell, Tibshraeny, Verschoor; Representatives Downing, Gray C, Paton, Pierce, Stump
SB 1498
AN ACT
AMENDING SECTION 39-121.02, ARIZONA REVISED STATUTES; RELATING TO PUBLIC RECORDS.
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; expenses and attorney fees; damages; declaratory action by public body prohibited
A. Any person who has requested to examine or copy public records pursuant to the
provisions of this article, and who has been denied access to or the right to copy such
records, may 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.
B. If the court determines that a person was wrongfully denied access to or the right to copy a public record and if the court finds that the custodian of such public record acted in bad faith, or in an arbitrary or capricious manner, the superior court may award to the petitioner legal costs, including reasonable attorney fees, as determined by the court.
C. Any person who is wrongfully denied access to public records pursuant to the
provisions of this article shall have HAS a cause of action against the
officer or public body for any damages resulting therefrom FROM THE DENIAL.
D. NOTWITHSTANDING TITLE 12, CHAPTER 10, ARTICLE 2, A PUBLIC BODY SHALL NOT COMMENCE A CIVIL ACTION FOR DECLARATORY JUDGMENT OR DECREE AGAINST A REQUESTOR OF PUBLIC RECORDS UNLESS THE REQUESTOR CONSENTS TO THE CIVIL ACTION FOR DECLARATORY RELIEF IN ORDER TO SETTLE A DISPUTE OVER THE REQUESTOR'S RIGHT TO INSPECT OR COPY THE PUBLIC RECORDS.
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