Page 2 of 2 Form PRR (07/2018)
ARS § 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:
1. A portion of the cost to the public body for obtaining the original or copies of the documents,
printouts or photographs.
2. A reasonable fee for the cost of time, materials, equipment and personnel in producing such
reproduction.
3. 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.
Cost of co
ies, certifications and lists:
Retrieve and re-file records from record storage center $3.00 per box
Copy of document, non-commercial purpose $0.60 per page
Copy of document, commercial purpose $1.50 per page
Certificate of director under seal $3.00 per document
List of names and addresses, non-commercial purpose $0.03 per record; $15.00 minimum
List of names and addresses, commercial purpose $0.06 per record; $60.00 minimum
List of names, addresses and e-mails, commercial purpose $0.10 per record; $100.00 minimum
Copy of audio tape/CD/DVD (you must provide the blank media) $25.00 ea.
Subpoena (per ARS § 12-351(F)) $25.00/hour plus $0.25 per page.
Mailing costs: Submit a pre-addressed air-bill label containing your billing account number (FedEx/UPS/etc.) in lieu of paying mailing costs.