ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: PSLE DP 9-3-3-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2123: religious leader; personal information; confidentiality

Sponsor: Representative Willoughby, LD 13

Caucus & COW

Overview

Adds a religious leader 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, 11-484, 16-153 and 28-454).

Currently, 25 individuals are considered eligible persons, including a: 1) health professional; 2) election officer; 3) public official; 4) former public official; 5) peace officer; 6) spouse of a peace officer; 7) spouse or minor child of a deceased peace officer; 8) justice; 9) judge; 10) commissioner; 11) hearing officer; 12) public defender; 13) prosecutor; 14) code enforcement officer; 15) adult or juvenile corrections officer; 16) corrections support staff member; 17) probation officer; 18) member of the commission on appellate court appointments; 19) member of the board of executive clemency; 20) law enforcement support staff member; 21) employee of the Department of Child Safety or Adult Protective Services; 22) national guard member; 23) a victim of harassment, domestic violence, sexual offense or stalking; 24) participant in the address confidentiality program; and 25) 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 the outlined 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.   Allows a religious leader to request the county recorder, county assessor, county treasurer and ADOT to prohibit public access to their information. (Sec. 1-2, 4-5)

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

3.   Prohibits a person from knowingly making available personal information of a religious leader 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.   Specifies that a law enforcement agency or employing state or local governmental entity is not required to disclose the personal information of a religious leader. (Sec. 6) 

5.   States that any person who is employed by a state or local government entity and who knowingly releases the personal information of a religious leader and a commission member of appellate court appointments 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) 

6.   Adds religious leader to the definition of an eligible person. (Sec. 1-2, 4-7)  

7.   Defines religious leader. (Sec. 1-7)

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11.                    HB 2123

12.  Initials MT           Page 0 Caucus & COW

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