ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: TTMC DPA/SE 5-1-1-0 | 3rd Read 17-11-2-0

House: GOV DPA 7-2-0-0


SB 1216: PSPRS; social security; technical correction

NOW: government employees; online use

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Outlines prohibitions relating to government employees.

History

Current statute enumerates the general powers of cities and towns. Municipalities have the authority to buy, sell and lease property, provide for the construction or rehabilitation of housing development projects or areas and issue building permits (A.R.S. Title 9, Chapter 4).

Counties have the power to sue, purchase and hold land, make contracts and hold land necessary to exercise its powers, make orders for the use or disposition of its land, levy and collect taxes and determine the budget for county officers (A.R.S. § 11-201).

Political subdivision means all political subdivisions of Arizona, including without limitation all counties, cities, towns, school districts and special districts (A.R.S. § 38-431). 

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteProhibits the State of Arizona and a city, town, county or political subdivision of Arizona from monitoring the personal online use or personal speech of an employee, if the employee meets the following criteria:

a)   the employee is not serving in their professional capacity;

b)   the employee does not use devices, equipment, software or programs issued to them by the entity; and

c) the employee does not use social media or web-based accounts or addresses that represent and are created, managed or affiliated with the entity. (Sec. 1)

2.   Allows Arizona and any city, town, county or political subdivision of Arizona to monitor the personal online use or personal speech of an employee if:

a)   an entity has a reasonable suspicion that:

i. the employee uses personal accounts or devices during working hours to conduct business for an entity;

ii.   the employee shares privileged or confidential information that is otherwise not publicly available; or

iii.  the employee attributes statements or comments to the employee's role with the entity or as an official position of the entity.

b)   the employee is the subject of a complaint or an allegation of improper conduct or an employment policy violation that requires an investigation by the entity to determine the credibility of the complaint or allegation;

c) an entity suspects the employee of illegal activity;

d)   an entity receives credible information from a third party that the employee is engaging in improper behavior or conduct; or

e)   to investigate, prevent or respond to any threats or potential threats to the entity or its employees, elected officials or other members of its workforce. (Sec. 1)

3.   States that the regulation of a government employee's personal online use or personal speech is of statewide concern. (Sec. 1)

4.   Declares that monitoring personal online use or personal speech of an employee of Arizona or a city, town, county or political subdivision of Arizona is not subject to further regulation by a city, town, county or other political subdivision. (Sec. 1)

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8.                     SB 1216

9.   Initials SJ/AC      Page 0 House Engrossed

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