REFERENCE TITLE: government transparency; political subdivisions

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2282

 

Introduced by

Representatives Montenegro, Antenori, Gowan, Seel, Stevens: Biggs, Boone, Court, Crump, Kavanagh, Lesko, Miranda B, Nichols

 

 

AN ACT

 

Amending section 41-725, Arizona Revised Statutes; relating to the database of receipts and expenditures of government monies.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-725, Arizona Revised Statutes, is amended to read:

START_STATUTE41-725.  Comprehensive database of receipts and expenditures of state and local monies; definition

A.  On or before January 1, 2011, the department shall establish and maintain an official internet website that is electronically searchable by the public at no cost and that contains a comprehensive database of receipts and expenditures of state and local government monies.

B.  The department must present information in the database in a manner that is intuitive to members of the general public, including graphical representations.  The database must allow users to:

1.  Search and aggregate payments by individual budget units and programs of all levels of state and local governments.

2.  Search and aggregate payments by individual vendors, including the total amount of state funding awarded by all state and local government budget units to individual vendors.

3.  Download information yielded by a search of the database.

C.  The database shall include the following information:

1.  Annual receipts of revenues, including:

(a)  Receipts or deposits by each state and local government budget unit into funds established in the state treasury.

(b)  Taxes.

(c)  Earnings by each state and local government budget unit, including amounts collected for merchandise sold, services performed and licenses, certifications and permits issued.

(d)  Revenue from the use of publicly owned money or property, including leases and licenses.

(e)  Gifts, donations and grants received, including amounts received from the federal government.

(f)  Any other type of public revenue, however denominated or derived, deposited into the state or local government treasury.

2.  Annual expenditures and disbursements of state and local government revenues by each state and local government budget unit from funds established in the state and local government treasury, as applicable, including:

(a)  Bond payments, debt service and redemption charges and fees.

(b)  Contractual services and cooperative agreements.

(c)  Commodities.

(d)  Capital outlay.

(e)  Revenue sharing and other aid to other levels of government, including tribal governments.

(f)  Any other expenditure or disbursement of state or local government revenue from the state or local government treasury, however denominated or structured.

D.  Expenditure data shall list:

1.  The manner of payment, including check or warrant or credit, debit or other purchase card.

2.  The funding source, including categorical codes and the state or local government accounts the expenditure is appropriated from.

3.  A standardized descriptive title of the type and purpose of the transaction.

4.  The date and amount of each payment.

5.  The state or local government agency or budget unit making the payment.

6.  The name of the person or entity receiving the payment, including to the extent practical a parent entity of the recipient if the recipient is owned by another entity.

7.  The primary location of performance under the contract, including the county, city or town and legislative district.

E.  The database shall not include:

1.  Tax payment or refund data that include confidential taxpayer information.

2.  Data relating to payments of state assistance to individual recipients.

3.  Payees' addresses or telephone numbers, but the department may allow public access in the database to information identifying the county in which the payee is located.

4.  Work product in anticipation of litigation or information subject to attorney-client privilege.

5.  Any other information that is designated by law as confidential or preapproved as confidential by the department pursuant to rule.  The department and any officer or employee of the department:

(a)  May rely on a determination made by a budget unit regarding confidentiality of information relating to the budget unit's expenditures.

(b)  Are immune from civil liability for posting confidential information under this section if the posting is in reliance on the budget unit's determination relating to confidentiality.

F.  Each state and local government budget unit shall cooperate with the department as necessary to implement and administer this section.  Each budget unit shall provide to the department any additional data in a manner and schedule prescribed by the department that are required to be included in the database.  The database shall be updated within thirty days after the end of each fiscal year and may be updated as new data become available.  The data shall be retained in the database for at least ten full fiscal years.

G.  The governor, secretary of state, state treasurer and legislature shall include a link to the database under this section in their individual official websites.  Each budget unit that maintains a generally accessible internet website, or for which a generally accessible website is maintained, shall include a link on that website to the database under this section.

H.  On or before January 1, 2013, each local government shall establish and maintain an official internet website that is electronically searchable by the public at no cost and that contains a comprehensive database of receipts and expenditures of local monies, including the same data and subject to the same limitations prescribed by subsections B through E.

I.  For the purposes of this section, "local government" means any political subdivision of this state, including a county, city, town, community college district or school district. END_STATUTE