Key Votes

HB 2199 - Authorizes Confidential Environmental Audits by Businesses - Key Vote

Arizona Key Votes

Albert Hale Did Not Vote on this legislation.

Read recent statements Albert Hale made in this general time period.

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Stage Details

Legislation - Signed (Executive) -

Title: Authorizes Confidential Environmental Audits by Businesses

Signed by Governor Jan Brewer
Legislation - Concurrence Vote Passed (House) (39-15) - (Key vote)

Title: Authorizes Confidential Environmental Audits by Businesses

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes confidential environmental audits by businesses.

Highlights:
  • Prohibits the use of any part of an audit report as evidence in an administrative proceeding or a civil action (Sec. 1).
  • Prohibits a state agency employee from requesting, reviewing or using an audit report during an inspection of a facility or its operations and activities (Sec. 1).
  • Prohibits an individual from testifying or producing a document related to an audit if that testimony or document discloses any “privileged” part of the audit (Sec. 1).
  • Authorizes an individual who conducted or participated in the audit and has observed physical events of a violation to testify regarding those events as long as the individual does not testify about or produce documents related to any “privileged” part of the audit (Sec. 1).
  • -Authorizes a court or administrative hearing official to require the disclosure of a portion of an audit report in a hearing if any of the following circumstances apply (Sec. 1):
    • The privilege is asserted for a fraudulent purpose;
    • The portion of the audit report is not subject to privilege; or
    • The portion of the audit report shows evidence of non-compliance with an environmental law and no efforts to comply.
  • Exempts the following information from privilege (Sec. 1):
    • Information required by a regulatory agency to be collected, developed, maintained or reported under environmental law;
    • Information obtained by observation or monitoring by a regulatory agency; and
    • Information obtained from a source not involved in the preparation of the environmental audit report.
  • Specifies that any employee or official of the State of Arizona who discloses information from a “privileged” audit has committed a Class 1 misdemeanor (Sec. 1).
See The Voting Record

Legislation - Bill Passed (Senate) (20-9) - (Key vote)

Title: Authorizes Confidential Environmental Audits by Businesses

Vote Smart's Synopsis:

Vote to pass a bill that authorizes confidential environmental audits by businesses.

Highlights:
  • Prohibits the use of any part of an audit report as evidence in an administrative proceeding or a civil action (Sec. 1).
  • Prohibits a state agency employee from requesting, reviewing or using an audit report during an inspection of a facility or its operations and activities (Sec. 1).
  • Prohibits an individual from testifying or producing a document related to an audit if that testimony or document discloses any “privileged” part of the audit (Sec. 1).
  • Authorizes an individual who conducted or participated in the audit and has observed physical events of a violation to testify regarding those events as long as the individual does not testify about or produce documents related to any “privileged” part of the audit (Sec. 1).
  • -Authorizes a court or administrative hearing official to require the disclosure of a portion of an audit report in a hearing if any of the following circumstances apply (Sec. 1):
    • The privilege is asserted for a fraudulent purpose;
    • The portion of the audit report is not subject to privilege; or
    • The portion of the audit report shows evidence of non-compliance with an environmental law and no efforts to comply.
  • Exempts the following information from privilege (Sec. 1):
    • Information required by a regulatory agency to be collected, developed, maintained or reported under environmental law;
    • Information obtained by observation or monitoring by a regulatory agency; and
    • Information obtained from a source not involved in the preparation of the environmental audit report.
  • Specifies that any employee or official of the State of Arizona who discloses information from a “privileged” audit has committed a Class 1 misdemeanor (Sec. 1).
See The Voting Record

Legislation - Bill Passed (House) (54-0) -
Legislation - Introduced (House) -

Title: Authorizes Confidential Environmental Audits by Businesses

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