If this bill were to become law, it would amend current statutes regarding public records by clarifying the standard of review for appeals related to denied access to public records. Specifically, it would insert a new provision stating that the standard of review for any legal question arising under this chapter, including the applicability of exceptions to disclosure, is de novo. This means that courts would independently assess these issues without deferring to previous decisions.
Additionally, the bill would modify existing language by replacing the term "a victim" with "the person" in the context of appealing a denial of access to public records. This change broadens the scope of individuals who can appeal such denials, ensuring that any person denied access can pursue a special action in superior court. Overall, the bill aims to enhance transparency and access to public records while establishing a clear legal standard for review.
Statutes affected: Introduced Version: 39-121.02
Senate Engrossed Version: 39-121.02