Assigned to TTMC AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1216
PSPRS; social security; technical correction
(NOW: government employees; online use)
Purpose
Preempts monitoring the personal online use or personal speech of a state employee, as
prescribed, and outlines exceptions for improper conduct, behavior or use of personal or state
devices and information, suspected illegal activity, required investigations and threats to the state.
Background
An employee is an officer or employee of Arizona or any of its departments, commissions,
agencies or boards and includes employees and officers of community college districts, school
districts and counties of the state and law enforcement officers of a city or town but does not
include officers or employees of a municipal corporation established for the purpose of reclamation
and distribution of water and the generation of electricity (A.R.S. § 38-531).
Except to the extent required in conjunction with an agency-approved research project or
other agency-approved undertaking, an employee of an agency must not knowingly use
agency-owned or agency-leased computer equipment to access, download, print or store any
information infrastructure files or services that depict nudity, sexual activity, sexual excitement or
ultimate sexual acts. Agency approvals must be administered, in writing, by the agency head and are
available for public inspection. An employee who violates the prohibition may be subject to
discipline or dismissal. An agency is all offices, agencies, departments, boards, councils or
commissions of the state, state universities, community college districts, legislative agencies and all
departments or agencies of the Arizona Supreme Court or the court of appeals (A.R.S. § 38-448).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Establishes a state preemption on monitoring the personal online use or speech of an employee
of the state, a city, town or county or a political subdivision of the state, if the employee is not
serving in the employee's professional capacity and does not use:
a) devices, equipment, software or programs issued to the employee by the state, a city, town
or county or a political subdivision of the state; or
b) social media or web-based accounts or addresses that represent and are created, managed
or affiliated with the state, a city, town or county or a political subdivision of the state. FACT SHEET – Amended
S.B. 1216
Page 2
2. Allows the state, a city, town or county or a political subdivision of the state to monitor the
personal online use or personal speech of a state employee in any of the following
circumstances:
a) the state, city, town, county or political subdivision has a reasonable suspicion that the
employee:
i. uses personal accounts or devices during working hours to conduct state business;
ii. shares privileged or confidential information or information that is otherwise not
publicly available; or
iii. attributes statements or comments to the employee's role with or as an official position
of the state, a city, town or county or a political subdivision of the state;
b) the state, city, town, county or political subdivision:
i. suspects the employee of illegal activity; or
ii. receives credible information from a third party that the employee is engaging in
improper conduct or behavior;
c) the employee is the subject of a complaint or an allegation of improper conduct or an
employment policy violation that requires an investigation to determine the credibility of
the complaint or allegation; or
d) to investigate, prevent or respond to any threats, or potential threats, to the state, a city,
town or county or a political subdivision of the state or its employees, elected officials or
other members of its workforce.
3. States that monitoring a government employee's personal online use or personal speech is of
statewide concern and is not subject to further regulation by a county, city, town or other
political subdivision of the state.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Adopted a strike-everything amendment.
2. Specifies that the state preemption and prohibition apply to the personal online use and
personal speech, rather than online use and speech, of a state employee.
3. Adds an exception to the prohibition if the state, city, town, county or political subdivision
suspects the employee of illegal activity.
4. Makes conforming changes.
Amendments Adopted by the House of Representatives
1. Adds criteria that a state employee must meet for the employee's personal online use or speech
to be immunized by the state preemption on monitoring.
2. Outlines circumstances, in addition to when an employee is suspected of illegal activity, in
which the state, a city, town or county or a political subdivision of the state may monitor the
personal online use or speech of a state employee.
3. Makes technical and conforming changes. FACT SHEET – Amended
S.B. 1216
Page 3
Senate Action House Action
TTMC 2/15/24 DPA/SE 5-1-1 GOV 3/20/24 DPA 7-2-0-0
3
rd
Read 2/22/24 17-11-2 3
rd
Read 4/4/24 31-28-1
Prepared by Senate Research
April 4, 2024
KJA/slp