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PUBLIC RECORDS REPRODUCTION REQUEST
ARIZONA LOTTERY INFORMATION AND INSTRUCTION SHEET

Requesting Party: Please read and note the following information and instructions.

Pursuant to A.R.S. § 39-121.03, any person requesting copies, printouts or photographs of public records for a commercial purpose must provide a VERIFIED STATEMENT as to the use of such reproductions.

A person providing a verified statement setting forth the commercial purpose for which the reproduction will be used may be furnished such reproductions at the discretion of the custodian of the records for a charge reflecting the following:

  1. A portion of the cost to the State for obtaining the documents or records to be reproduced,
  2. A reasonable fee covering the cost of time, equipment and personnel in making the reproduction, and
  3. The value of reproduction on the commercial market.

If the custodian of a public record believes that the commercial purpose of a reproduction is a misuse of public records or an abuse of the right to receive them, he or she may refuse a request for reproduction of such record for said commercial purpose and may request the Governor to prohibit the furnishing of reproductions for such commercial purposes by Executive Order. If an Executive Order is not issued within thirty (30) days of the custodian’s application, the requesting party will be furnished such reproductions for the commercial purpose set forth in his or her verified statement.

"Commercial purpose" is broadly defined by the Act as “any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public record” [A.R.S. § 39-121.03(D)]. “Commercial purpose” includes copies of records for sale or resale and copies of printouts of names and addresses for purposes of solicitation of business.

IMPORTANT Subsection C of A.R.S. § 39-121.03 provides that:

A person who obtains public records for a commercial purpose without indicating the commercial purpose or who obtains a public record for a non-commercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or 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 obtains a public record from anyone other than the custodian of such records and uses them 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’s 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.

* The penalty for perjury is a fine of not less than $500 nor more than $5,000, or imprisonment in the State Prison for not less than one nor more than fourteen (14) years, or both. A.R.S. § 13-572.



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