SB 1216
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: TTMC DPA/SE 5-1-1-0 | 3
rd
Read 17-11-2-0
House: GOV DPA 7-2-0-0
SB 1216: PSPRS; social security; technical correction
NOW: government employees; online use
Sponsor: Senator Kavanagh, LD 3
Caucus & COW
Overview
Outlines prohibitions relating to government employees.
History
Current statute enumerates the general powers of cities and towns. Municipalities have the
authority to buy, sell and lease property, provide for the construction or rehabilitation of
housing development projects or areas and issue building permits (A.R.S. Title 9, Chapter 4).
Counties have the power to sue, purchase and hold land, make contracts and hold land
necessary to exercise its powers, make orders for the use or disposition of its land, levy and
collect taxes and determine the budget for county officers (A.R.S. § 11-201).
Political subdivision means all political subdivisions of Arizona, including without limitation
all counties, cities, towns, school districts and special districts (A.R.S. § 38-431).
Provisions
1. Prohibits the State of Arizona and a city, town, county or political subdivision of Arizona
from monitoring the personal online use or personal speech of an employee, unless illegal
activity is suspected. (Sec. 1)
2. States that the regulation of a government employee's personal online use or personal
speech is of statewide concern. (Sec. 1)
3. Declares that the regulation of personal online use or personal speech of an employee of
Arizona or a city, town, county or political subdivision of Arizona is not subject to further
regulation by a city, town, county or other political subdivision. (Sec. 1)
Amendments
Committee on Government
1. Clarifies Arizona and any city, town, county or political subdivision of Arizona must not
monitor the personal online use or personal speech of an employee if:
a) the employee is not serving in their professional capacity;
b) the employee does not use devices, equipment, software or programs issued to them
by the entity; and
c) the employee does not use social media or web-based accounts or addresses that
represent and are created, managed or affiliated with the entity.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1216
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2. Allows Arizona and any city, town, county or political subdivision of Arizona to monitor
the personal online use or personal speech of an employee if:
a) the employee uses personal accounts or devices during working hours to conduct
business for an entity;
b) the employee shares privileged or confidential information that has not been
previously shared by the entity or that is otherwise not publicly available;
c) the employee attributes statements or comments to the employee's role with the entity
or as an official position of the entity;
d) the employee is the subject of a complaint or an allegation of improper conduct or an
employment policy violation that requires an investigation by the entity to determine
the credibility of the complaint or allegation; or
e) an entity suspects the employee of illegal activity.