Arizona 2023 Regular Session

Arizona Senate Bill SB1107 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: procurement; information content provider; prohibition State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1107 Introduced by Senators Rogers: Borrelli, Kern An Act amending section 41-2511, Arizona Revised Statutes; relating to the procurement code. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: procurement; information content provider; prohibition
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Senators Rogers: Borrelli, Kern
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14	14	REFERENCE TITLE: procurement; information content provider; prohibition
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42	42	Introduced by
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44	44	Senators Rogers: Borrelli, Kern
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62	62	An Act
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66	66	amending section 41-2511, Arizona Revised Statutes; relating to the procurement code.
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72	72	(TEXT OF BILL BEGINS ON NEXT PAGE)
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76	76	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 41-2511, Arizona Revised Statutes, is amended to read: START_STATUTE41-2511. Authority of the director A. Except as otherwise provided in this chapter, the director may adopt rules, consistent with this chapter, governing the procurement and management of all materials, services and construction to be procured by this state and the disposal of materials. B. The director shall serve as the central procurement officer of this state. C. Except as otherwise provided in this chapter, the director shall, in accordance with rules adopted under this chapter: 1. Procure or supervise the procurement of all materials, services and construction needed by this state. 2. Establish guidelines for the management of all inventories of materials belonging to this state. 3. Sell, trade or otherwise dispose of surplus materials belonging to this state. 4. Establish and maintain programs for the inspection, testing and acceptance of materials, services and construction. 5. Establish and maintain programs to ensure procurement compliance with this chapter and applicable rules. 6. Establish and maintain a mandatory procurement training and certification program to ensure consistency in procurement practices for those authorized to perform procurement functions under this chapter. 7. Employ staff as necessary to perform the duties prescribed in this chapter. 8. Establish procurement offices as the director determines necessary to maintain an effective and efficient program of procurement administration. 9. Provide consultation to state agency management in all aspects of procurement to increase efficiency and economy in state agencies by improving the methods of procurement with full recognition of the requirements and needs of management. 10. Enter into agreements with any state government unit or political subdivision of this state or agency of a political subdivision of this state to furnish procurement administration services and facilities of the department. Unless monies have been appropriated by the legislature for this purpose, any agreement shall provide for reimbursement to this state of the actual cost of the services and facilities furnished, as determined by the director. 11. Enter into agreements with the attorney general for dedicated legal resources to support any state governmental unit in procurement legal matters, including negotiations, protests and appeals. 12. Beginning on the effective date of this amendment to this section, Terminate or direct any state government unit or political subdivision of this state to terminate any existing contract between this state or a political subdivision of this state and a contractor that is an information content provider or that is a qualified marketplace platform. State government units and political subdivisions of this state may not contract with an information content provider or with a qualified marketplace platform. For the purposes of this paragraph: (a) "Information content provider" means an information content provider as defined in 47 United States code section 230 that has engaged in targeted censorship. (b) "Qualified marketplace platform" means a qualified marketplace platform as defined in section 41-1002 that has engaged in targeted censorship. (c) "Targeted censorship": (i) Means 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. (ii) Does not include deleting direct threats to harm another person or a public entity, pornography that violates the law or any subject matter that the user has set the user's settings to include. END_STATUTE
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78	78	Be it enacted by the Legislature of the State of Arizona:
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80	80	Section 1. Section 41-2511, Arizona Revised Statutes, is amended to read:
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82	82	START_STATUTE41-2511. Authority of the director
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84	84	A. Except as otherwise provided in this chapter, the director may adopt rules, consistent with this chapter, governing the procurement and management of all materials, services and construction to be procured by this state and the disposal of materials.
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86	86	B. The director shall serve as the central procurement officer of this state.
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88	88	C. Except as otherwise provided in this chapter, the director shall, in accordance with rules adopted under this chapter:
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90	90	1. Procure or supervise the procurement of all materials, services and construction needed by this state.
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92	92	2. Establish guidelines for the management of all inventories of materials belonging to this state.
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94	94	3. Sell, trade or otherwise dispose of surplus materials belonging to this state.
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96	96	4. Establish and maintain programs for the inspection, testing and acceptance of materials, services and construction.
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98	98	5. Establish and maintain programs to ensure procurement compliance with this chapter and applicable rules.
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100	100	6. Establish and maintain a mandatory procurement training and certification program to ensure consistency in procurement practices for those authorized to perform procurement functions under this chapter.
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102	102	7. Employ staff as necessary to perform the duties prescribed in this chapter.
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104	104	8. Establish procurement offices as the director determines necessary to maintain an effective and efficient program of procurement administration.
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106	106	9. Provide consultation to state agency management in all aspects of procurement to increase efficiency and economy in state agencies by improving the methods of procurement with full recognition of the requirements and needs of management.
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108	108	10. Enter into agreements with any state government unit or political subdivision of this state or agency of a political subdivision of this state to furnish procurement administration services and facilities of the department. Unless monies have been appropriated by the legislature for this purpose, any agreement shall provide for reimbursement to this state of the actual cost of the services and facilities furnished, as determined by the director.
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110	110	11. Enter into agreements with the attorney general for dedicated legal resources to support any state governmental unit in procurement legal matters, including negotiations, protests and appeals.
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112	112	12. Beginning on the effective date of this amendment to this section, Terminate or direct any state government unit or political subdivision of this state to terminate any existing contract between this state or a political subdivision of this state and a contractor that is an information content provider or that is a qualified marketplace platform. State government units and political subdivisions of this state may not contract with an information content provider or with a qualified marketplace platform. For the purposes of this paragraph:
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114	114	(a) "Information content provider" means an information content provider as defined in 47 United States code section 230 that has engaged in targeted censorship.
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116	116	(b) "Qualified marketplace platform" means a qualified marketplace platform as defined in section 41-1002 that has engaged in targeted censorship.
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118	118	(c) "Targeted censorship":
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120	120	(i) Means 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.
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122	122	(ii) Does not include deleting direct threats to harm another person or a public entity, pornography that violates the law or any subject matter that the user has set the user's settings to include. END_STATUTE