A.R.S. tit. 39 | Title 39 — Public Records, Printing and Notices

Chapter 1 Public Records

Article 1 Requirements for Material Used

§ 39-101 Permanent public records; quality; storage; violation; classification

A. Permanent public records of the state, a county, city or town, or other political subdivision of the state, shall be transcribed or kept on paper or other material which is of durable or permanent quality and which conforms to standards established by the director of the Arizona state library, archives and public records.

B. Permanent public records transcribed or kept as provided in subsection A shall be stored and maintained according to standards for the storage of permanent public records established by the director of the Arizona state library, archives and public records.

C. A public officer charged with transcribing or keeping such public records who violates this section is guilty of a class 2 misdemeanor.

§ 39-102 Annual report; copies

Unless otherwise specifically required by law, each agency, board, commission and department which prepares an annual report of its activities shall prepare and distribute as provided by law copies of such annual report on twenty pound bond paper printed with black ink except that the cover and back pages may be of sixty-five pound or less cover paper.

§ 39-103 Size of public records; exemptions

A. All public records of this state or a political subdivision of this state created on paper, regardless of weight or composition, shall conform to standard letter size of eight and one-half inches by eleven inches, within standard paper manufacturing tolerances.

B. This section does not apply to public records smaller than eight and one-half inches by eleven inches, public records otherwise required by law to be of a different size, engineering drawings, architectural drawings, maps, computer generated printout, output from test measurement and diagnostic equipment, machine generated paper tapes and public records otherwise exempt by law. Additionally, records kept exclusively on photography, film, microfiche, digital imaging or other type of reproduction or electronic media as provided in section 41-151.16, subsection A are exempt from the size restrictions of this section. On written application the director of the Arizona state library, archives and public records may approve additional exemptions from this section if based on such application the director finds that the cost of producing a particular type of public record in accordance with subsection A of this section is so great as to not be in the best interests of this state.

Article 2 Searches and Copies

§ 39-121 Inspection of public records

Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.

§ 39-121.01 Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index

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

"Officer" means any person 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.
"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, supported in whole or in part by monies from this state or any political subdivision of this state, or expending 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, 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 responsible for the preservation, maintenance and care of that body's public records, and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41-151.15 and 41-151.19.

D. Subject to section 39-121.03:

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 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 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.
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.
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 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 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.

§ 39-121.02 Action 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 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. If a victim 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.

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.

§ 39-121.03 Request for copies, printouts or photographs; statement of purpose; commercial purpose as abuse of public record; determination by governor; civil penalty; definition

A. When a person requests copies, printouts or photographs of public records for a commercial purpose, the person shall provide a statement setting forth the commercial purpose for which the copies, printouts or photographs will be used. Upon being furnished the statement the custodian of such records may furnish reproductions, the charge for which shall include the following:

A portion of the cost to the public body for obtaining the original or copies of the documents, printouts or photographs.
A reasonable fee for the cost of time, materials, equipment and personnel in producing such reproduction.
The value of the reproduction on the commercial market as best determined by the public body.

B. If the custodian of a public record determines that the commercial purpose stated in the statement is a misuse of public records or is an abuse of the right to receive public records, the custodian may apply to the governor requesting that the governor by executive order prohibit the furnishing of copies, printouts or photographs for such commercial purpose. The governor, upon application from a custodian of public records, shall determine whether the commercial purpose is a misuse or an abuse of the public record. If the governor determines that the public record shall not be provided for such commercial purpose the governor shall issue an executive order prohibiting the providing of such public records for such commercial purpose. If no order is issued within thirty days of the date of application, the custodian of public records shall provide such copies, printouts or photographs upon being paid the fee determined pursuant to subsection A.

C. A person who obtains a public record for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses it for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.

D. For the purposes of this section, "commercial purpose" means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from public records for the purpose of solicitation or the sale of names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi-judicial body.

§ 39-121.04 Public access to law enforcement records depicting certain witnesses or crime victims; victim rights

A. In a special action brought pursuant to this article for the release of any record created or received by or in the possession of a law enforcement or prosecution agency that relates to a criminal investigation or prosecution and that visually depicts the image of a witness under eighteen years of age or a victim as defined in section 13-4401, the petitioner shall establish that the public's interest in disclosure outweighs the witness's or victim's right to privacy.

B. A victim whose image is depicted in a record described in subsection A of this section has the right to be present at and to be heard in any action brought pursuant to this article for the release of records described in subsection A of this section.

§ 39-122 Free searches for and copies of public records to be used in claims against United States; liability for noncompliance

A. No state, county or city, or any officer or board thereof shall demand or receive a fee or compensation for issuing certified copies of public records or for making search for them, when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department thereof.

B. Notaries public shall not charge for an acknowledgment to a document which is to be so filed or presented.

C. The services specified in subsections A and B shall be rendered on request of an official of the United States, a claimant, his guardian or attorney. For each failure or refusal so to do, the officer so failing shall be liable on his official bond.

§ 39-123 Information identifying eligible persons; confidentiality; definitions

A. Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of eligible persons or the address of a property held in trust by a public official.

B. The agency or governmental entity may release the information in subsection A of this section only if either:

The person consents in writing to the release.
The custodian of records of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the person or the person's immediate family or damage to the property of the person or the person's immediate family.

C. A law enforcement agency may release a photograph of a peace officer if either:

The peace officer has been arrested or has been formally charged by complaint, information or indictment for a misdemeanor or a felony offense.
The photograph is requested by a representative of a newspaper for a specific newsworthy event unless:

(a) The peace officer is serving in an undercover capacity or is scheduled to be serving in an undercover capacity within sixty days.

(b) The release of the photograph is not in the best interest of this state after taking into consideration the privacy, confidentiality and safety of the peace officer.

D. This section does not prohibit the use of a peace officer's photograph that is either:

Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer.
Obtained from a source other than the law enforcement agency.

E. This section does not apply to a certified peace officer or code enforcement officer who is no longer employed as a peace officer or code enforcement officer by a state or local government entity.

F. For the purposes of this section:

"Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
"Commissioner" means a commissioner of the superior court or municipal court.
"Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
"Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.
"Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, border patrol agent, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety or victim of domestic violence or stalking who is protected under an order of protection or injunction against harassment.
"Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
"Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.
"Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
"Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
"Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
"Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
"Peace officer" has the same meaning prescribed in section 13-105.
"Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
"Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
"Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.

§ 39-123.01 Personal identifying information of crime witnesses; redaction of crime witness's name; exceptions; confidentiality; definitions

A. The personal identifying information of a witness to a crime contained in a record that is created or received by a law enforcement or prosecution agency and that is related to a criminal investigation or prosecution may not be disclosed by a public body pursuant to this article unless any of the following applies:

The witness consents in writing to the disclosure.
A court of competent jurisdiction orders the disclosure.
The witness's address is the location where the crime occurred.

B. The name of a witness to a crime contained in a record that is created or received by a law enforcement agency or prosecution agency and that is related to a criminal investigation or prosecution may be redacted in a public record by the public body if the witness requests anonymity and a law enforcement agency or prosecution agency reasonably expects that releasing the witness's name will result in harassment of the witness, threats to the witness's safety or witness tampering.

C. Notwithstanding subsection B of this section, a public body may disclose the name of a witness to a crime in a public record if any of the following applies:

The witness consents in writing to the disclosure.
A court of competent jurisdiction orders the disclosure or a rule of procedure requires the release of a record to a party.
The public body has received a notice of final disposition in the criminal case.

D. This section does not affect any records that are transmitted between law enforcement and prosecution agencies, a court or a clerk of the court or any provision of law that governs the discovery process or the conduct of trials.

E. For the purposes of this section:

"Final disposition" has the same meaning prescribed in section 13-4401.
"Personal identifying information" includes a witness's date of birth, social security number, personal telephone number, home address, personal email address and official state or government-issued driver license or identification number.

§ 39-124 Releasing information identifying an eligible person; violations; classification; definitions

A. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases the home address or home telephone number of an eligible person or the address of a property held in trust by a public official with the intent to hinder an investigation, cause physical injury to an eligible person or the eligible person's immediate family or cause damage to the property of an eligible person or the eligible person's immediate family is guilty of a class 6 felony.

B. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases a photograph of a peace officer with the intent to hinder an investigation, cause physical injury to a peace officer or the peace officer's immediate family or cause damage to the property of a peace officer or the peace officer's immediate family is guilty of a class 6 felony.

C. For the purposes of this section:

"Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
"Commissioner" means a commissioner of the superior court or municipal court.
"Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
"Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.
"Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, border patrol agent, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety or victim of domestic violence or stalking who is protected under an order of protection or injunction against harassment.
"Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
"Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.
"Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
"Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
"Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
"Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
"Peace officer" has the same meaning prescribed in section 13-105.
"Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
"Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
"Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.

§ 39-125 Information relating to location of archaeological discoveries and places or objects included or eligible for inclusion on the Arizona register of historic places; confidentiality

Nothing in this chapter requires the disclosure of public records or other matters in the office of any officer that relate to the location of archaeological discoveries as described in section 41-841 or 41-844 or places or objects that are included on or may qualify for inclusion on the Arizona register of historic places as described in section 41-511.04, subsection A, paragraph 9. An officer may decline to release this information if the officer determines that the release of the information creates a reasonable risk of vandalism, theft or other damage to the archaeological discoveries or the places or objects that are included on or may qualify for inclusion on the register. In making a decision to disclose public records pursuant to this section, an officer may consult with the director of the Arizona state museum or the state historic preservation officer.

§ 39-126 Federal risk assessments of infrastructure; confidentiality

Nothing in this chapter requires the disclosure of a risk assessment that is performed by or on behalf of a federal agency to evaluate critical energy, water or telecommunications infrastructure to determine its vulnerability to sabotage or attack.

§ 39-126.01 Local government; telecommunications infrastructure records; nondisclosure; exceptions

A. Except as provided in subsection B, a city, town or county shall not disclose any records relating to the construction of wireline telecommunications infrastructure, including the location of lines, equipment and plants used for telecommunications services on or along public streets or highways.

B. A city, town or county may disclose information relating to the location of lines, equipment and plants used for telecommunications services for any of the following:

As part of the bid, design or construction process of a capital project.
To provide information on the availability of telecommunications services for economic development purposes.
To provide general information to residents regarding construction activity within the city, town or county.

§ 39-127 Free copies of police reports, audio recordings, video recordings and transcripts for crime victims; definitions

A. A victim of a criminal offense that is a part I crime under the statewide uniform crime reporting program, the victim's attorney on behalf of the victim or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right. For the purposes of this subsection, "criminal offense", "immediate family" and "victim" have the same meanings prescribed in section 13-4401.

B. A victim of a delinquent act that is a part I crime under the statewide uniform crime reporting program, the victim's attorney on behalf of the victim or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right. For the purposes of this subsection, "delinquent act", "immediate family" and "victim" have the same meanings prescribed in section 8-382.

C. Notwithstanding subsection A or B of this section, if a police report involves a domestic violence offense or a sexual offense, the victim or the victim's attorney on behalf of the victim has the right to receive one copy of the police report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right.

D. A law enforcement agency shall prioritize the processing and providing of each police report that is requested pursuant to this section.

E. For the purposes of this section:

"Attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or district of the United States and who is not under any order of any court suspending, enjoining, restraining, disbarring or otherwise restricting the person in the practice of law.
"Domestic violence offense" means an offense involving domestic violence as defined in section 13-3601.
"Sexual offense" means an offense included in title 13, chapter 14 or 35.1.

§ 39-128 Disciplinary records of public officers and employees; disclosure; exceptions

A. A public body shall maintain all records that are reasonably necessary or appropriate to maintain an accurate knowledge of disciplinary actions, including the employee responses to all disciplinary actions, involving public officers or employees of the public body. The records shall be open to inspection and copying pursuant to this article, unless inspection or disclosure of the records or information in the records is contrary to law.

B. This section does not:

Require disclosure of the home address, home telephone number or photograph of any person who is protected pursuant to sections 39-123 and 39-124.
Limit the duty of a public body or officer to make public records open to inspection and copying pursuant to this article.

§ 39-129 Local law enforcement; video recordings; fee

Except as provided in section 39-127, a county, a city, a town or any political subdivision of this state may establish a onetime fee per copy, not to exceed $46 per video-hour reviewed, that is charged to a person who submits a public records request to a local law enforcement agency for a copy of a video recording. A county, a city, a town or any political subdivision of this state may take into consideration the following information when determining the amount of the onetime fee per copy:

The reasonable cost of reviewing, transmitting, making a copy of and, as necessary, redacting the video recording.
Any other relevant information.

Article 3 Lost Records

§ 39-141 Proof of certain lost or destroyed documents or instruments

Any deed, bond, bill of sale, mortgage, deed of trust, power of attorney or conveyance which is required or permitted by law to be acknowledged or recorded which has been so acknowledged or recorded, or any judgment, order or decree of a court of record in this state or the record or minute containing such judgment, which is lost or destroyed, may be supplied by parol proof of its contents.

§ 39-142 Action for restoration and substitution of lost or destroyed documents

Upon loss or destruction of an instrument as indicated in section 39-141, a person interested therein may bring an action in the superior court of the county where the loss or destruction occurred for restoration and substitution of such instrument against the grantor in a deed, or the parties interested in the instrument, or the parties who were interested adversely to plaintiff at the time of the rendition of judgment, or who are then adversely interested, or the heirs and legal representatives of such parties.

§ 39-143 Judgment of restoration; recording of judgment; judgment as substitute for original instrument

A. If upon the trial of the action provided for in section 39-142, the court finds that such instrument existed, and has been lost or destroyed and determines the contents thereof, it shall enter a judgment containing the finding and a description of the lost instrument and contents thereof.

B. A certified copy of the judgment may be recorded, and shall be substituted for and have the same force and effect as the original instrument.

§ 39-144 Recording of certified copies of lost or destroyed records or records of a former county

Certified copies from a record of a county, the record of which has been lost or destroyed, and certified copies from records of the county from which a new county was created, may be recorded in such county when the loss of the original has been first established.

§ 39-145 Re-recording of original papers when record destroyed

When the original papers have been preserved but the record thereof has been lost or destroyed, they may again be recorded within four years from the loss or destruction of such record. The last registration shall have force and effect from the date of the original registration.

Article 4 False Instruments and Records

§ 39-161 Presentment of false instrument for filing; classification

A person who acknowledges, certifies, notarizes, procures or offers to be filed, registered or recorded in a public office in this state an instrument he knows to be false or forged, which, if genuine, could be filed, registered or recorded under any law of this state or the United States, or in compliance with established procedure is guilty of a class 6 felony. As used in this section "instrument" includes a written instrument as defined in section 13-2001.

Article 5 Public Records Requests

§ 39-171 Public records; requests; point of contact

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 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.

Chapter 2 Printing and Publication

Article 1 Contract for Printing

§ 39-201 Definition of newspaper

(L21, Ch. 405, sec. 19)

In this chapter, unless the context otherwise requires, "newspaper" means a publication regularly issued for dissemination of news of a general and public character at stated short intervals of time. Such publication shall be from a known office of publication and shall bear dates of issue and be numbered consecutively. It shall not be designed primarily for advertising, free circulation or circulation at nominal rates, but shall have a bona fide list of paying subscribers.

§ 39-202 Contract for public printing; bids; award

A. All bids for public printing by a newspaper shall be accompanied by affidavit of the publisher that the newspaper complies with the provisions of section 39-201.

B. Contracts for publishing any notice or matter, the cost of which is paid from public funds, shall be awarded at public bidding only when:

The publisher has filed the affidavit required by subsection A.
The newspaper is published within the state.

§ 39-203 Number of publications for compliance with requirement of notice for specified time

A. When notice is provided by law to be given for a specified number of days or weeks, if by publication in a daily paper, it shall be published four days of the seven in the week, and if by publication in a weekly paper, it shall be published one day in each week.

B. One insertion each week in papers published weekly, and four insertions each week in papers published daily, shall constitute seven days' notice.

§ 39-204 Publication of notice; time; place

A. When publication of a notice in a newspaper is directed or authorized by law, it shall be in a newspaper of general circulation printed in English.

B. If the number of times the notice is to be published is not specified, publication shall be:

If in a weekly newspaper, once each week for two consecutive weeks.
If in a daily newspaper, four consecutive times.

C. If the place of publication of the notice is not specified, publication shall be:

If by a state officer, board, or commission, in a newspaper printed and published within the county where the state capital is located.
If by a county officer, board, or commission, or by any person in a county, in a newspaper printed and published within such county. If no such newspaper is printed and published within the county, publication may be made in a newspaper of general circulation in the county which is printed in an adjoining county.
If by a district, city or town officer, board, or commission, or by any person in a district, city or town, in a newspaper printed and published within the territorial limits thereof. If no such newspaper is printed and published within the limits thereof, publication may be made in a newspaper printed and published in the county in which the district, city or town is located.

§ 39-205 Proof of publication; filing

A. An affidavit by the publisher, or his agent in his behalf, with a copy of the publication thereto attached, stating the name of the paper in which published, the place of publication, the date of each publication, and that the copy thereto attached is a true copy, shall be sufficient proof of publication and primary evidence of all facts stated therein.

B. The affidavit shall be filed in the office of the officer or board by whose authority the publication was made.

Article 2 Price and Composition

§ 39-221 Price for printing; size of type

A. The maximum price which shall be paid for public printing and advertising, and for publications required by law, shall be at a rate per column inch, per insertion, charged for legal advertising as shown by the local rate card of the newspaper in which publication is to be made.

B. Unless otherwise specifically provided by law, the type used for such publications and legal advertising shall not be larger than the regular body type of the newspaper in which it is published.

Title 39 — Public Records, Printing and Notices