ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: GOV DPA 8-0-0-0 | 3rd Read 30-0-0-0

House: GOV DPA 9-0-0-0


SB 1061: public officials; home addresses; confidentiality

Sponsor: Senator Shope, LD 16

House Engrossed

Overview

Adds a public official to the list of eligible persons who can petition the superior court to prohibit the general public from accessing their records.

History

In any county, an eligible person may request that the general public be prohibited from accessing records relating to that person maintained by the county recorder, county assessor, county treasurer or the Arizona Department of Transportation (ADOT). Additionally, an eligible person, and any other registered voter who resides at the same residence address as the eligible person, may request that the general public be prohibited from assessing records relating to that person, including any of the person's documents and the voting precinct number contained in their voter registration record (A.R.S. §§ 11-483 and 16-153).

Currently, 21 individuals are eligible persons which include a: 1) former public official; 2) peace officer; 3) spouse of a peace officer; 4) spouse or minor child of a deceased peace officer; 5) justice; 6) judge; 7) commissioner; 8) hearing officer; 9) public defender; 10) prosecutor; 11) code enforcement officer; 12) adult or juvenile corrections officer; 13) corrections support staff member; 14) probation officer; 15) member of the commission on appellate court appointments; 16) member of the board of executive clemency; 17) law enforcement support staff member; 18) employee of the Arizona Department of Child Safety or Adult Protective Services; 19) national guard member; 20) a victim of harassment, domestic violence, sexual offense or stalking; and 21) a firefighter (A.R.S. §§ 11-483; 11-484; 16-153; 28-454; 39-123 and 39-124).

A person who knowingly shares the personal information of certain eligible persons on the internet is guilty of a class 5 felony if the dissemination of the information is reasonably apparent to pose an imminent and serious threat to the safety of the eligible person or the eligible person's family (A.R.S. § 13-2401).

Provisions

1.   Authorizes a public official to request the county recorder, county assessor, county treasurer and ADOT to prohibit public access to their information.☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note (Sec. 1, 2 and 4-7)

2.   Stipulates the county recorder, county assessor and county treasurer must send a notice to a public official informing them of the order's expiration date six months before the expiration date. (Sec. 1, 2 and 4)

3.   Prohibits a person from knowingly making available personal information of a public official on the internet if the dissemination of the personal information poses an imminent and serious threat to the safety of the eligible person or the eligible person's family. (Sec. 3)

4.   Adds that if the person is a public official, they can request the county recorder to prohibit access to the address of a property held in a trust. (Sec. 1 and 2)

5.   Specifies that a law enforcement agency or employing state or local governmental entity is not required to disclose the personal information of a public official. (Sec. 6)

6.   States that any person who is employed by a state or local government entity and who knowingly releases the personal information of a public official with the intent to hinder an investigation, cause physical injury or damage to the property of an eligible person or the eligible person's family is guilty of a class 6 felony. (Sec. 7)

7.   Changes the definition of an eligible person to include a public official. (Sec. 1, 2 and 4-7)

8.   Modifies the definition of personal information to include a public official and the address of a property held in a trust by a public official. (Sec. 3)

9.   Defines public official. (Sec. 1-7)

10.  Defines election officer. (Sec. 1-7)

 

 

 

 

 

                                

 

 

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                                    SB 1061

Initials FK/BSR        Page 0    House Engrossed

 

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