Arizona House lawmakers advance bill to make public records free — for themselves

A bipartisan group of state lawmakers advanced legislation on Tuesday to make public records free. But before you get too excited, that privilege would apply only to lawmakers.

The bill is sponsored by Rep. Matt Gress (R-Phoenix).

It stems from his ongoing feud with the superintendent of the Tolleson school district. Gress requested public records from the district and was hit with a bill of $26,000. He refused to pay.

Gress said making lawmakers pay for public records is an act of obstruction and an “affront” to the Legislature.

“I just think that's pretty problematic that you are operating under the good graces of a political subdivision,” Gress told his colleagues.

He said a Flagstaff school district also tried to charge him a $12 fee for public records. The district did waive the fee for him, but he still doesn’t appreciate being asked to pay as a legislator.

“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,” Gress said.

Although the bill advanced out of the state House with some bipartisan support, it’s also opposed by several Democrats.

They are concerned that forcing schools to respond to public record requests for free could add up to a serious expense the schools can’t afford, especially if lawmakers ask for physical documents instead of emails and schools have to shoulder the printing cost.

“It is an expense,” Rep. Nancy Gutierrez (D-Tucson) said. “I know it seems like it’s not a big deal, but this is a dangerous bill.”

During a committee hearing for the bill, Gress pushed back on Gutierrez’s concern, noting that only the 90 state lawmakers would be able to request free records, so the expense would be narrowly limited.

The bill is opposed by the Arizona Education Association, the labor union for public school teachers.

The bill isn’t limited to school districts, but applies to all political subdivisions. Still, Gress’s focus (and Democrats’ concern) is focused on schools.

A separate bill sponsored by Sen. Jake Hoffman (R-Queen Creek) would require any public entity to provide public records in the “least expensive manner possible,” and it’s not limited to lawmakers.

Hoffman's bill is pushed by the Goldwater Institute, a conservative think tank, which is frustrated by high public records fees. The institute also cited school districts specifically as an obstruction to public records requests by charging high fees.

Hoffman’s bill advanced out of the state Senate on party lines, but Democrats didn’t explain their opposition.