Prohibiting Release of Information from Unclaimed Property Holder Reports for Commercial Purpose, Arizona Department of RevenueProhibiting Release
Executive Order 2024-01
WHEREAS, the Arizona Department of Revenue (the “Department”) is the custodian of records for unclaimed property holder reports made pursuant to Arizona’s Unclaimed Property Act; and
WHEREAS, Choice Plus, LLC (“Choice Plus”) made a March, 21 2023 public records request of the Department for a complete list of insured persons, annuitants, and beneficiaries from certain of these holder reports (“Records”) pursuant to A.R.S. § 44-313(E); and
WHEREAS, the Department has determined that the furnishing of such records for Choice Plus’s commercial purpose would constitute a misuse and abuse of the right to receive public records; and
WHEREAS, the Department has made application to me, Katie Hobbs, Governor of the State of Arizona, pursuant to A.R.S. § 39-121.03(B), requesting that I, by Executive Order, prohibit the furnishing of public records sought for the commercial purpose;
WHEREAS, A.R.S. § 39-121.03(B) provides that the Governor may prohibit a custodian from furnishing public records if the Governor determines that the commercial purpose in requesting such records is a misuse or abuse of the public records.
NOW, THEREFORE, I, Katie Hobbs, Governor of the State of Arizona, by the virtue of the authority vested in me by the Arizona Constitution and the laws of this State, do hereby order and direct as follows:
Choice Plus’s commercial purpose for the Records is a misuse and abuse of public records.
The Department is prohibited from providing the Records to Choice Plus for this commercial purpose.