Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1658 Comm Sub / Analysis

Filed 06/15/2023

                      	SB 1658 
Initials JB/LM 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: COM DP 4-3-0-0 | 3
rd
 Read 16-14-0-0 
House: TI DP 8-3-0-0 | 3
rd
 Read 43-15-2-0 
Final Pass: 16-12-2-0 
 
SB1658: critical infrastructure; prohibited agreements 
Sponsor: Senator Rogers, LD 7 
Transmitted to the Governor 
Overview 
Prohibits a business or a governmental entity in this state from entering into an agreement 
involving critical infrastructure in this state with a company owned by citizens of or headquartered 
in China, Iran, North Korea or Russia that would be able to access or control critical infrastructure. 
Outlines exemptions.  
History 
Critical infrastructure are systems and assets, whether physical or virtual, that are so vital to this 
state and the United States (U.S.) that the incapacity or destruction of those systems and assets 
would have a debilitating impact on security, economic security, public health or safety. The 
critical infrastructure information system is a program that uses advanced technologies to provide 
personnel who are involved in homeland security planning and operations with real-time 
information regarding critical infrastructure within this state and critical infrastructure located 
outside of this state that may affect the safety and well-being of citizens of this state (A.R.S. § 41-
1801). 
The Department of Public Safety (DPS) must establish and operate a statewide critical 
infrastructure information system. When DPS declares through written notice to all state agencies 
and local governments that the statewide critical infrastructure information system is operational, 
all state agencies and local governments must only use the statewide critical infrastructure 
information system and must not operate independent critical infrastructure information systems 
(A.R.S. § 41-1803). 
Provisions 
1. Restricts a business or a governmental entity in this state from entering into an agreement 
involving critical infrastructure in this state with a company if: 
a) Under the agreement, the company, directly or remotely, would be able to access or 
control critical infrastructure in this state, except for access that is specifically allowed for 
product warranty and support purposes; and 
b) The company is owned by or controlled by: 
i. Citizens of China, Iran, North Korea or Russia; or 
ii. A company or other entity, including a governmental entity owned or controlled by 
citizens of or is directly controlled by the government of China, Iran, North Korea or 
Russia or that is headquartered in these countries. (Sec. 1)  
2. Exempts a company from the outlined restrictions regarding agreements involving critical 
infrastructure if the U.S. Committee on Foreign Investment in the United States or its 
successor committee has determined that there are no unresolved national security concerns 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1658 
Initials JB/LM 	Page 2 	Transmitted 
regarding the transaction that created the company's ownership or allowed the company to 
operate in the U.S. (Sec. 1) 
3. Allows the Governor to designate a country as a threat to critical infrastructure in this state, in 
consultation with DPS. (Sec. 1) 
4. Defines terms. (Sec. 1)