Legislation Proposal Sparks Debate Over Free Public Records for Lawmakers
A legislative proposal is stirring up discussions in the state regarding the cost of public records. The measure, which moved forward with bipartisan support on Tuesday, aims to make public records free, but exclusively for state lawmakers. This development has emerged from an ongoing dispute involving Rep. Matt Gress (R-Phoenix) and the Tolleson school district.
Rep. Gress initiated the bill following a significant fee of $26,000 he encountered when requesting public records from the district, an amount he refused to pay. He argues that imposing such fees on lawmakers obstructs their duties and disrespects the Legislature. “I just think that’s pretty problematic that you are operating under the good graces of a political subdivision,” Gress expressed to his peers.
Gress also mentioned a separate incident with a Flagstaff school district that attempted to charge him a $12 fee for records, which was eventually waived. He contends that as a legislator, such fees should not apply, emphasizing, “I’m doing this in my official capacity as a legislator, and they said, ‘You are a member of the public and we will treat you the same.’ I’m not trying to ask for special treatment, but we do have a responsibility as lawmakers.”
Despite the advancing of the bill, it faces opposition from some Democrats who worry about the financial burden on schools, particularly if physical documents are requested, increasing the cost. Rep. Nancy Gutierrez (D-Tucson) voiced her concerns: “It is an expense. I know it seems like it’s not a big deal, but this is a dangerous bill.”
In response to these concerns, Gress highlighted during a committee hearing that only the 90 state lawmakers would benefit from the free records provision, thereby limiting the potential financial impact.
The Arizona Education Association also opposes the bill, reflecting broader concerns beyond school districts. According to the bill’s text, its reach extends to all political subdivisions.
Parallel to this, another legislative proposal by Sen. Jake Hoffman (R-Queen Creek) seeks to mandate public entities to provide records in the “least expensive manner possible,” a move not restricted to lawmakers. This proposal, backed by the Goldwater Institute, highlights frustrations over high fees for public records, particularly targeting school districts.
Hoffman’s proposal moved forward in the state Senate with party-line support, although Democrats have yet to articulate their reasons for opposing it. More details on the bill can be found here.
