Assigned to TAT FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1107
procurement; information content provider; prohibition
Purpose
Prohibits a state government unit or political subdivision of the state from contracting with
an information content provider or qualified marketplace platform that has engaged in targeted
censorship.
Background
The Arizona Procurement Code outlines requirements for the procurement of materials,
services, construction and construction services or the disposal of materials using public monies,
including federal assistance monies, by the state acting through a state governmental unit, under
any contract. The Director of the Arizona Department of Administration (ADOA) serves as the
Central Procurement Officer and supervises the procurement of all materials, services and
construction needed by the state (A.R.S. §§ 41-2501 and 41-2511).
An information content provider is any person or entity that is responsible, in whole or in
part, for the creation or development of information provided through the Internet or any other
interactive computer service and has engaged in targeted censorship (47 U.S.C. § 230).
A qualified marketplace platform is an organization, including a corporation, limited
liability company, partnership, sole proprietor or any other entity, that operates a digital platform
that facilitates the provision of goods or services by qualified marketplace contractors to
third-party individuals or entities seeking those goods or services (A.R.S. § 41-1002).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits state government units and political subdivisions of the state from contracting with
an information content provider or qualified marketplace platform that has engaged in targeted
censorship.
2. Requires the Director of ADOA to terminate, or direct any state government unit or political
subdivision of the state to terminate, any existing contract between the state or a political
subdivision and an information content provider or qualified marketplace platform that has
engaged in targeted censorship.
3. Defines targeted censorship as deleting or placing a disclaimer on any form of free speech that
is unequally applied based on a particular belief that is expressed in any form, including words,
art, multimedia, internet platforms or computer or telephone applications. FACT SHEET
S.B. 1107
Page 2
4. Stipulates that targeted censorship does not include:
a) deleting direct threats to harm another person or a public entity;
b) pornography that violates the law; or
c) any subject matter that the user has set the user's settings to include.
5. Defines an information content provider and a qualified marketplace platform.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2023
KJA/sr