Assigned to TTMC                                                                                                        AS PASSED BY HOUSE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1216

 

PSPRS; social security; technical correction

(NOW: government employees; online use)

Purpose

Preempts monitoring the personal online use or personal speech of a state employee, as prescribed, and outlines exceptions for improper conduct, behavior or use of personal or state devices and information, suspected illegal activity, required investigations and threats to the state.

Background

An employee is an officer or employee of Arizona or any of its departments, commissions, agencies or boards and includes employees and officers of community college districts, school districts and counties of the state and law enforcement officers of a city or town but does not include officers or employees of a municipal corporation established for the purpose of reclamation and distribution of water and the generation of electricity (A.R.S. § 38-531).

Except to the extent required in conjunction with an agency-approved research project or other agency-approved undertaking, an employee of an agency must not knowingly use
agency-owned or agency-leased computer equipment to access, download, print or store any information infrastructure files or services that depict nudity, sexual activity, sexual excitement or ultimate sexual acts. Agency approvals must be administered, in writing, by the agency head and are available for public inspection. An employee who violates the prohibition may be subject to discipline or dismissal. An agency is all offices, agencies, departments, boards, councils or commissions of the state, state universities, community college districts, legislative agencies and all departments or agencies of the Arizona Supreme Court or the court of appeals (A.R.S. § 38-448).

               There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Establishes a state preemption on monitoring the personal online use or speech of an employee of the state, a city, town or county or a political subdivision of the state, if the employee is not serving in the employee's professional capacity and does not use:

a)   devices, equipment, software or programs issued to the employee by the state, a city, town or county or a political subdivision of the state; or

b)   social media or web-based accounts or addresses that represent and are created, managed or affiliated with the state, a city, town or county or a political subdivision of the state.

2.   Allows the state, a city, town or county or a political subdivision of the state to monitor the personal online use or personal speech of a state employee in any of the following circumstances:

a)   the state, city, town, county or political subdivision has a reasonable suspicion that the employee:

i.   uses personal accounts or devices during working hours to conduct state business;

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

iii.   attributes statements or comments to the employee's role with or as an official position of the state, a city, town or county or a political subdivision of the state;

b)   the state, city, town, county or political subdivision:

i.   suspects the employee of illegal activity; or

ii.   receives credible information from a third party that the employee is engaging in improper conduct or behavior;

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

d)   to investigate, prevent or respond to any threats, or potential threats, to the state, a city, town or county or a political subdivision of the state or its employees, elected officials or other members of its workforce.

3.   States that monitoring a government employee's personal online use or personal speech is of statewide concern and is not subject to further regulation by a county, city, town or other political subdivision of the state.

4.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Adopted a strike-everything amendment.

2.   Specifies that the state preemption and prohibition apply to the personal online use and personal speech, rather than online use and speech, of a state employee.

3.   Adds an exception to the prohibition if the state, city, town, county or political subdivision suspects the employee of illegal activity.

4.   Makes conforming changes.

Amendments Adopted by the House of Representatives

1.   Adds criteria that a state employee must meet for the employee's personal online use or speech to be immunized by the state preemption on monitoring.

2.   Outlines circumstances, in addition to when an employee is suspected of illegal activity, in which the state, a city, town or county or a political subdivision of the state may monitor the personal online use or speech of a state employee.

3.   Makes technical and conforming changes.

Senate Action                                                          House Action

TTMC             2/15/24      DPA/SE    5-1-1             GOV               3/20/24      DPA     7-2-0-0

3rd Read          2/22/24                        17-11-2         3rd Read          4/4/24                      31-28-1

Prepared by Senate Research

April 4, 2024

KJA/slp