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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-first Legislature – First Regular Session
Minutes of Meeting
House Hearing Room 5 -- 9:00 a.m.
Chairman Stevens called the meeting to order at 9:03 a.m. and roll call was taken by the secretary.
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Mr. Dial |
Ms. Otondo |
Mr. Thorpe, Vice-Chairman |
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Mr. Gowan |
Mr. Sherwood |
Mr. Stevens, Chairman |
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None |
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HB2165 – DPA (6-0-0-0) HB2230 – DPA (4-1-0-1) HB2241 – DPA S/E (5-0-0-1) HB2242 – DPA S/E (5-0-0-1) |
HB2469 – DP (4-1-0-1) HB2482 – HELD HB2483 – DP (3-2-0-1) HB2533 – DP (4-2-0-0) |
CONSIDERATION OF BILLS
HB2482 – public service corporations; assets transfer – HELD
Chairman Stevens announced that HB2482 will be held.
HB2483 - public notices; publishing; public medium - DO PASS
Michelle Hindman, Majority Research Analyst, explained that HB2483 requires statutory public notices be published on a public medium rather than in a newspaper. A public medium is defined as a publication regularly issued for the dissemination of news of a general and public character at stated short intervals of time from a known office of publication with a bona fide list of paying subscribers (Attachment 1).
Jonathon Paton, Wick Communications, spoke in opposition to HB2483 and stated two main concerns:
2. Is it sufficient and or necessary for any entity, doing a public notice, to only place it online.
Vice-Chairman Thorpe announced the names of those who signed up in support of HB2483 but did not speak:
Howard Levine, Pachyderm Coalition
Phillip Hubbard, Town of Buckeye
Vice-Chairman Thorpe announced the names of those who signed up a neutral on HB2483 but did not speak:
Leonard Clark, representing self
Pearlette Ramos, Assistant Director of Administration, Arizona Department of Liquor Licenses and Control
Amanda McGennis, Vice President, Associated General Contractors
Vice-Chairman Thorpe announced the names of those who signed up in opposition to HB2483 but did not speak:
Wendy Briggs, Wick Communications
John Moody, Attorney, Arizona Newspapers Association
Paula Casey, Arizona Newspapers Association
Ginger Lamb, Arizona Capitol Times
Tommy Arviso Jr., representing self
Manuel Coppola, Publisher, representing self
Michael Preston Green, Lobbyist, Arizona Capitol Times
Vice-Chairman Thorpe moved that HB2483 do pass. The motion carried by a roll call vote of 3-2-0-1 (Attachment 2).
HB2533 - local governments; public notices; website - DO PASS
Jeanine Jones, Majority Research Analyst, explained HB2533 allows cities, towns, and counties to publish public notices on government websites in lieu of posting such notices in a newspaper. Cities, towns, and counties are required to publish the website address where notices will be posted in a newspaper once a year (Attachment 3).
Ms. Ortondo asked if other cities or states have tried this. Mr. Stevens answered that he has found other websites with public notices and other states have tried their own version. Utah had some issues with legislation that was similar, but it was not like this bill.
Dale Wiebusch, Legislative Associate, League of Arizona Cities and Towns, spoke in support of HB2533 and cited that the word “may” is written into the language, so it is not a requirement that public notices be posted on the website. He discussed budgeted amounts of individual municipalities (Attachment 4) and responded to Chairman Stevens’ question concerning information on city subscriptions and website hit percentages.
Representative Warren Petersen, sponsor, stated HB2533 gives cities and towns the option to post their public notices online. Nearly 99 percent of the population has access to public notices online and, in this age, everyone has access to internet at home or a public library. If a public record is requested, technology is used instead of paper.
Tommy Arviso Jr, CEO, Publisher, Navajo Times Publishing Company, spoke against HB2533 and noted that the newspaper is based in Window Rock, Arizona, a very rural area. He stated that on the reservations there are two primary ways to get the news: the newspaper and the radio. Between 30 and 35 percent of the people do not have running water or electricity, so access to internet is not an option. Residents get the newspaper in their native language and the public notice section is a big interest. Mr. Arviso answered Members’ questions concerning percentage of poverty in the distribution areas, accessibility, and the cost of subscriptions and internet.
Manuel Coppola, The Nogales International Newspaper, Wick Communications, spoke in opposition to HB2533. He elaborated on past legislation which allowed counties to upload minutes to a website versus printing them in the newspaper. He stated that this did not work in Santa Cruz County. The county uploaded minutes but a lot of information was missing and they had to hire someone to reload, update, and edit the minutes. That person is no longer there and the county is still working on getting 2012 information uploaded. Santa Cruz County does not have the time or manpower to get all the information corrected on the website, so information is missing from previous years. Mr. Coppola cited a previous incident when the newspaper was to publish delinquent tax roles. The process was about 80 percent complete, when the newspaper discovered that the docket numbers were incomplete. The newspaper notified the Treasurer’s Office of the mistake but the incomplete information was already uploaded to their website. It was the newspaper that called attention to the problem. He expressed the point, if you leave it in the hands of government, it won’t get done and the same thing could happen if we extend this to public notices. Mr. Coppola answered Ms. Ortondo’s questions concerning percentage of poverty and revenue in the distribution areas, accessibility, and the cost of subscriptions and loss of employment if this bill passes.
Jonathan Paton, Wick Communications, spoke in opposition to HB2533 with the same concerns he stated in HB2483. This bill gives the trust of public notices to a government entity instead of balancing it out with a third party. Mr. Paton cited a Ronald Reagan quote, “trust but verify” and debated concerns and questions from Members about the affects of this bill.
Ginger Lamb, Vice President, Arizona News Service, Arizona Capitol Times, spoke in opposition to HB2533 and compared it to similar legislation in Utah. Utah removed publication requirements and then reinstated the requirements the following session because they found it was not a good path to go down. Ms. Lamb stated that circulation with the newspaper and internet combination is stronger than ever and quoted four standards from the American Court & Commercial Newspaper Association (ACCN) and the Public Notice Resource Center concerning publications:
Ms. Lamb reiterated the question about the accountability of government to monitor itself and in response to Mr. Stevens’ question about the yearly subscriptions total, she stated it is 5,500.
Leonard Clark, representing self, spoke in opposition to HB2533 and stated lies can be printed on the internet and on paper but the internet is quicksand and can be changed. Many still read the newspaper and this is a step towards Big Brother.
Vice-Chairman Thorpe announced the names of those who signed up in support of HB2533 but did not speak:
Marcus Osborn, Public Affairs Specialist, Town of Queen Creek
Benjamin Bitter, Management Analyst, City Manager's Office, City of Casa Grande
Victor Petersen, Gilbert Town Council Member
Matthew Busby, Assistant to the City Manager, City of Apache Junction
Chris Cornelison, Management Assistant, Town of Oro Valley
Greg Wilkinson, City Administrator, City of Yuma
Scott Butler, City of Mesa
Jennifer Pena, Deputy City Clerk, City of Litchfield Park
Mark Welch, Assistant to City Manager, City of Sierra Vista
Patrice Kraus, representing self
Leah Hubbard, Intergovernmental Relations Coordinator, Town of Gilbert
John Schell, Lobbyist, City of Peoria
John Lewis, Mayor, Town of Gilbert, representing self
Phillip Hubbard, Town of Buckeye
Vice-Chairman Thorpe announced the names of those who signed up a neutral on HB2533 but did not speak:
Amanda McGennis, Vice President, Associated General Contractors
Vice-Chairman Thorpe announced the names of those who signed up in opposition to HB2533 but did not speak:
Wendy Briggs, Wick Communications
John Moody, Attorney, Arizona Newspapers Association
Michael Preston Green, Lobbyist, Arizona Capitol Times
Paula Casey, Arizona Newspapers Association
Vice-Chairman Thorpe moved that HB2533 do pass. The motion carried by a roll call vote of 4-2-0-0 (Attachment 5).
HB2165 – public libraries; circulation records; privacy – DO PASS AMENDED
Chloe Love, Majority Intern, explained HB2165 modifies statutory provision governing library disclosure of records and information. Additionally, the bill strikes language which authorizes a library supported by public money to disclose information if necessary for reasonable operation of the library, upon written consent of the user, on receipt of a court order, or if required by law (Attachment 6).
Ms. Love explained the Dial 16-line amendment to HB2165 dated 2/11/13 (Attachment 7) strikes “ELECTRONIC RECORDS” and inserts “E-BOOKS”. The amendment defines E-Books and allows for libraries’ records to be disclosed in four situations currently allowed in law and makes technical and conforming changes.
Mr. Dial, sponsor, explained HB2165 and the amendment.
Names of those who signed up in support of HB2165 but did not speak:
Jessica Stall, Arizona Library Association
Dave Kopp, Manager, Arizona Citizens Defense League
Anjali Abraham, Public Policy Director, American Civil Liberties Union of Arizona
Names of those who signed up a neutral on HB2165 but did not speak:
Leonard Clark, representing self
Names of those who signed up in opposition to HB2165 but did not speak:
Howard Levine, Pachyderm Coalition
Vice-Chairman Thorpe moved that HB2165 do pass.
Chairman Stevens moved that the Dial 16-line amendment to HB2165 dated 2/11/13 (Attachment 7) be adopted. The motion carried.
Vice-Chairman Thorpe moved that HB2165 as amended do pass. The motion carried by a roll call vote of 6-0-0-0 (Attachment 8).
HB2469 – personal information; encrypted data – DO PASS
Jeanine Jones, Majority Research Analyst, explained HB2469 requires all persons within the United States (U.S.) who owns or licenses computerized data containing personal information of Arizona residents, to encrypt such data using the encryption standards of the U.S. military. Personal information would include a person’s name in combination with a social security number, driver license number, bank account, debit or credit card information (Attachment 9).
Vice-Chairman Thorpe, sponsor, explained HB2469 is needed due to the rise of identification theft, and the cost associated with recovery. He stated that a Floor amendment will be forthcoming to change some of the language and emphasized that this bill will not have any impact on private entities, only on state organizations.
Alan Ecker, Program Associate, Arizona Department of Administration (ADOA), stated that ADOA is neutral on HB2469 and is looking forward to the Floor amendment addressing some concerns.
Marcus Osborn, Public Affairs Specialist; Reed Elsevier, Property Casualty Insurers Association of America (PCIA); America’s Health Insurance Plans (AHIP), spoke in opposition to HB2469 in its current form and said he looks forward to the Floor amendment.
Chairman Stevens stated that due to the proposed health care legislation there will be a greater emphasis on encryption of records; this applies to state systems, not city or county systems.
Michael DiMaria, Director of Legislative Affairs, CenturyLink, spoke in opposition to HB2469 and requested clarification that CenturyLink will not be included since it has different encryption systems with different entities. He stated that he looks forward the Floor amendment.
Vice-Chairman Thorpe announced the names of those who signed up in opposition to HB2469 but did not speak:
David Childers, Lobbyist, America's Health Insurance Plans
Garrick Taylor, Vice President, Government Relations, Arizona Chamber of Commerce and Industry
Michelle Bolton, Vice President of Public Affairs, Cox Communications
Kathi Beranek, Government Relations Coordinator, Blue Cross Blue Shield of Arizona
Vice-Chairman Thorpe moved that HB2469 do pass. The motion carried by a roll call vote of 4-1-0-1 (Attachment 10).
HB2241 - telecommunications services; public records; exemption - DO PASS AMENDED S/E
S/E: telecommunications; records; nondisclosure
Chloe Love, Majority Intern, explained the Stevens 10-line strike-everything amendment to HB2241 dated 02/11/2013 (Attachment 11) prohibits disclosure by a city, town or county, of any records containing wireline telecommunications construction information or the location of lines, equipment and plants used for telecommunications services on or along public streets or highways (Attachment 12).
Chairman Stevens, sponsor, explained that there have been issues with infrastructure being removed improperly.
Names of those who signed up in support of the strike-everything amendment to HB2241 but did not speak:
Jerry Fuentes, President AT&T, Arizona
Names of those who signed up a neutral on the strike-everything amendment to HB2241 but did not speak:
Leonard Clark, representing self
Names of those who signed up in opposition to the strike-everything amendment to HB2241 but did not speak:
Jonathan Paton, Wick Communications
Vice-Chairman Thorpe moved that HB2241 do pass.
Vice-Chairman Thorpe moved that the Stevens 10-line strike-everything amendment to HB2241 dated 02/11/2013 (Attachment 11) be adopted. The motion carried.
Vice-Chairman Thorpe moved that HB2241 as amended do pass. The motion carried by a roll call vote of 5-0-0-1 (Attachment 13).
HB2242 – false registration; penalty – DO PASS AMENDED S/E
S/E: electronic notary study committee; membership; duties; report; delayed repeal
Jeanine Jones, Majority Research Analyst, explained the Stevens 24-line strike-everything amendment dated 02/12/2013 (Attachment 14) to HB2242, establishes a study committee for the electronic notary system. The committee will consist of six members, three who are appointed by the Speaker of the House of Representatives, and three who are appointed by President of the Senate (Attachment 15).
Ms. Ortondo asked what types of notaries will be included. Ms. Jones explained that this committee will study who and how to effectively use this system and if it will be successful.
Names of those who signed up a neutral on the strike-everything amendment to HB2242 but did not speak:
Leonard Clark, representing self
Vice-Chairman Thorpe moved that HB2242 do pass.
Vice-Chairman Thorpe moved that the Stevens 24-line strike-everything amendment to HB2242 dated 02/12/2013 (Attachment 14) be adopted. The motion carried.
Vice-Chairman Thorpe moved that HB2242 as amended do pass. The motion carried by a roll call vote of 5-0-0-1 (Attachment 16).
HB2230 - information services; technology - DO PASS AMENDED
Jeanine Jones, Majority Research Analyst, explained HB2230 requires the Department of Administration (DOA) to design and implement a statewide telecommunication shared services infrastructure. HB2230 requires the Director of DOA to appoint a Chief Information Officer (CIO) to perform an assessment of current information technology (IT) systems within the state and to implement a plan of action to create an IT shared services system. The Director will oversee the system and establish fees for use of the system by its budget unit (Attachment 17).
Ms. Jones explained the Stevens 27-line amendment to HB2230 dated 02/11/2013 requires the Information Technology Authorization Committee (ITAC) to review proposed fees within 45 days after submission by the Director. It also requires the CIO to review recommendations from the Public Safety Communication Advisory Commission. The amendment appropriates $1.5 million to the general fund in fiscal year 2013-2014 for the IT assessment (Attachment 18).
Chairman Stevens, sponsor, explained the model used and that a Floor amendment will be offered that will change some dollar figures.
Names of those who signed up a neutral on HB2230 but did not speak:
Leonard Clark, representing self
Names of those who signed up in opposition to HB2230 but did not speak:
Greg Wilkinson, City Administrator, City of Yuma
Connie Scoggins, Assistant City Attorney, City of Yuma
Vice-Chairman Thorpe moved that HB2230 do pass.
Vice-Chairman Thorpe moved that the Stevens 27-line amendment to HB2230 dated 02/11/2013 (Attachment 18) be adopted. The motion carried.
Vice-Chairman Thorpe moved that HB2230 as amended do pass. The motion carried by a roll call vote of 4-1-0-1 (Attachment 19).
Without objection, the meeting adjourned at 11:13 a.m.
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Tracey Gardner, Committee Secretary
April 8, 2013
(Original minutes, attachments and audio on file in the Office of the Chief Clerk; video archives available at http://www.azleg.gov)
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COMMITTEE ON TECHNOLOGY
AND INFRASTRUCTURE
February 14, 2013
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