Bill Text: AZ SB1185 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Court records; electronic access
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-15 - Referred to Senate RULES Committee [SB1185 Detail]
Download: Arizona-2011-SB1185-Introduced.html
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REFERENCE TITLE: court records; electronic access |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1185 |
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Introduced by Senator McComish
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AN ACT
amending sections 12-119.02 and 12-284.02, Arizona Revised Statutes; relating to the courts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-119.02, Arizona Revised Statutes, is amended to read:
12-119.02. Electronic filing and access to court records and bulk data; fee; dissemination contract and disclaimer; definitions
A. The supreme court may shall provide for the electronic filing of documents and electronic access to court records, pursuant to rules adopted by the court and bulk data.
B. The court may impose a fee of not more than one hundred dollars per year for an annual on‑line access subscription plus a fee of not more than two dollars per minute for on‑line access to court records.
C. All monies collected pursuant to subsection B of this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the judicial collection enhancement fund established by section 12‑113.
D. All filings made electronically pursuant to this section are subject to the fees established pursuant to section 12‑119.01.
E. The custodian of bulk data may require a dissemination contract and disclaimer before an individual, private company or public organization receives electronic access to court records or bulk data. The dissemination contract shall be in a standard form and uniform for all subscribers. A dissemination contract and disclaimer shall not require any of the following:
1. The destruction of any public records at the termination of the contract.
2. That the recipient of bulk data update its database to correct or remove errors in a more expeditious manner than the court provides data updates to that recipient of bulk data.
3. Liability insurance or indemnification to the court against errors, omissions or claims resulting from data received from the custodian of bulk data.
F. The custodian of bulk data shall release all available case information.
G. The supreme court may adopt rules to implement this section.
H. For the purposes of this section:
1. "Bulk data" means all nonconfidential case information maintained in a court case management system, with or without modification or customized compilation.
2. "Case information" includes a person's full name, full address and date of birth and the last four digits of the person's social security number, tax identification number or driver license number. Case information also includes monetary judgment awards.
3. "Confidential information" means data that members of the public may not inspect, obtain copies of or otherwise have access to unless authorized by law and includes all of the following:
(a) Documents that contain full social security numbers, credit card, debit card or financial account numbers or credit reports of an individual that are collected by the court for administrative purposes and that are closed unless made public in a court proceeding or pursuant to a court order.
(b) Judicial work product and drafts consisting of notes, memoranda or drafts that are prepared by a judge or other court personnel at the direction of a judge and that are used in the process of preparing a final decision or order.
(c) Unofficial verbatim recordings of proceedings that are made by a court clerk or at the direction of the clerk and that are used in preparing minute entries.
4. "Custodian of bulk data" means the person who is responsible for the safekeeping of any records held by any court, administrative office, clerk of the court or clerk's designee and who also is responsible for processing pubic requests for access to records.
Sec. 2. Section 12-284.02, Arizona Revised Statutes, is amended to read:
12-284.02. Electronic filing and access to court records and bulk data; fee; dissemination contract and disclaimer; definitions
A. The presiding judge of the superior court may shall provide for the electronic filing of documents and electronic access to superior court records, pursuant to rules adopted by the supreme court and bulk data.
B. The presiding judge may impose a fee of not more than one hundred dollars per year for an annual on‑line access subscription plus a fee of not more than two dollars per minute for on‑line access to superior court records. The clerk of the court shall collect the fees and transmit them to the county treasurer who shall account for them separately and deposit them in the document storage and retrieval conversion fund established by section 12‑284.01. The clerk of the court shall spend monies deposited in the fund pursuant to this section to improve access to superior court records, in coordination with the presiding judge of the superior court and the board of supervisors.
C. All filings that are made electronically pursuant to this section are subject to the fees established pursuant to section 12‑284.
D. The custodian of bulk data may require a dissemination contract and disclaimer before an individual, private company or public organization receives electronic access to court records or bulk data. The dissemination contract shall be in a standard and form uniform for all subscribers. A dissemination contract and disclaimer shall not require any of the following:
1. The destruction of any public records at the termination of the contract.
2. That the recipient of bulk data update its database to correct or remove errors in a more expeditious manner than the court provides data updates to that recipient of bulk data.
3. Liability insurance or indemnification to the court against errors, omissions or claims resulting from data received from the custodian of bulk data.
E. The custodian of bulk data shall release all available case information.
F. The supreme court may adopt rules to implement this section.
G. For the purposes of this section:
1. "Bulk data" means all nonconfidential case information maintained in a court case management system, with or without modification or customized compilation.
2. "Case information" includes a person's full name, full address and date of birth and the last four digits of the person's social security number, tax identification number or driver license number. Case information also includes monetary judgment awards.
3. "Confidential information" means data that members of the public may not inspect, obtain copies of or otherwise have access to unless authorized by law and includes all of the following:
(a) Documents that contain full social security numbers, credit card, debit card or financial account numbers or credit reports of an individual that are collected by the court for administrative purposes and that are closed unless made public in a court proceeding or pursuant to a court order,
(b) Judicial work product and drafts consisting of notes, memoranda or drafts that are prepared by a judge or other court personnel at the direction of a judge and that are used in the process of preparing a final decision or order.
(c) Unofficial verbatim recordings of proceedings that are made by a court clerk or at the direction of the clerk and that are used in preparing minute entries.
4. "Custodian of bulk data" means the person who is responsible for the safekeeping of any records held by any court, administrative office, clerk of the court or clerk's designee and who also is responsible for processing pubic requests for access to records.
