Assigned to GOV                                                                                             FOR CAUCUS & FLOOR ACTION

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2414

 

comprehensive health insurance plan

(NOW: agency reports; web site posting)

 

Purpose

 

Requires all state agencies that maintain an agency web site, except the State Compensation Fund, to post on their web site a copy of the annual agency report of activities. Prohibits an agency that posts a copy of an annual report on their web site from distributing copies of the report, with the exception that copies may be distributed to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Arizona State Library, Archives and Public Records.

 

Background

 

As computer technology becomes increasingly mainstream, most state agencies maintain a web site that is accessible to the public. With the exception of requiring all agency web sites to include a privacy policy statement, statute does not require an agency web site to include any other specific information.  For the purposes of defining an agency web site, an agency includes any board, commission, department or other administrative unit of this State established by the Constitution of Arizona or by enactment of the Legislature.  This includes the Legislature, the courts and the Governor.   An agency web site is a web site owned, operated or funded by the agency and that is connected to the internet.  This includes web sites accessed through the “Arizona@yourservice” portal.

 

A number of state agencies are required by statute to generate and distribute an annual report of agency activities.  Other agencies choose, without a statutory requirement, to generate an annual report and distribute it to interested parties.   As a cost saving mechanism, H.B. 2414 requires all agencies that maintain an agency web site, with the exception of the State Compensation Fund, to post a copy of their annual agency report of activities.  The bill also prohibits an agency that posts a copy of its annual report from distributing copies of the report.  The bill allows the agency to provide copies of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Arizona State Library, Archives and Public Records.   Additionally, the bill allows an agency to provide copies to any person making a public record request for the report.

 

There is no fiscal impact to the state general fund associated with this legislation.

 

 

 

 

 

Provisions

 

1.      Requires all agencies that maintain an agency web site, except the State Compensation Fund, to post on their web site a copy of the annual agency report of activities.  Applies this requirement to both agencies that are required by law to make a report and agencies that elect to make a report.

 

2.      Prohibits an agency that posts a copy of an annual report on their web site from distributing copies of the report, with the exception that copies may be distributed to the Governor, the President of the Senate, the Speaker of the House of Representatives and a sufficient number of copies to the Arizona State Library, Archives and Public Records.

 

3.      Requires the agency to include a notice on its web site stating that a copy of the annual report is available for interlibrary loan from the Arizona State Library, Archives and Public Records.

 

4.      Allows a public agency to distribute printed copies of the report to any person making a public record request for the report.

 

5.      Requires an agency that posts a copy of an annual report to send an electronic or printed notification that the annual report has been posted on the agency web site to the Governor, each member of the House of Representatives, each member of the Senate and the Director of the Arizona State Library, Archives and Public Records.

 

6.      Allows a public agency that posts a copy of an annual report to send an electronic or printed notification that the annual report has been posted on the agency web site to any other person.

 

7.      Requires any printed and distributed copies of an annual report to be printed with black ink on twenty pound bond paper, except that the cover and back pages may be of sixty-five pound or less cover paper.

 

8.      Requires an agency that maintains a web site and has distributed printed copies of an annual report during the 12 months prior to this act becoming law to notify the Director of the Joint Legislative Budget Committee of the saving realized by the posting, printing and distribution requirements applicable to an annual report.  Requires the agency to notify the Director within 12 months after the effective date of this act.

 

9.      Repeals the notice of saving requirement on January 1, 2004.

 

10.  Provides for a general effective date.

 

 

 

 

 

 

Amendments Adopted by Committee

 

1.      Exempts the State Compensation Fund from the definition of public agency for purposes of maintaining agency web sites.

 

2.      Exempts the State Compensation Fund from the requirements for posting on their web site a copy of the annual agency report of activities.

 

House Action                                                                           Senate Action

 

CED                3/18/02     DPA/SE         9-0-0-1                     GOV           4/8/02        DPA      4-0-2

3rd Read           3/27/02                         56-0-4-0

 

 

Prepared by Senate Staff

April 8, 2002