HB2086 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 27-102, Arizona Revised Statutes, is amended to read:

START_STATUTE27-102. Duties of the department

A. The department shall:

1. Promote the development of the mineral resources and industry of this state.

2. Advocate the development of mineral resources and the production of minerals and mineral products in this state in support of its objectives.

3. Participate in conferences, seminars, forums, speaking engagements, public news media and other functions necessary to achieve its objectives.

4. Conduct studies of the properties and claims of companies and individuals to assist in the exploration and development of mineral resources.

5. Maintain a repository of mineral and mining information, including databases, books, periodicals, individual mine files, mine map repository files, mining district data and an archive of mine data. All databases and other archival materials shall be maintained in a secure and retrievable format and location prescribed by the director to protect and preserve information from damage or destruction.

6. Provide quality mining data, evaluation and assistance relating to promoting mineral development to the legislature, federal, state and local governmental agencies and the public.

7. Make surveys of potential economic mineral resources and conduct field and other investigations that may interest capital in the development of the state's mineral resources.

8. Serve as a source of mining information for this state in matters relating to its mineral resources and monitor current mining and exploration activities.

9. Publish and disseminate information and data necessary or advisable to attain its objectives. The director may establish reasonable fees for publications.

10. Cooperate with the corporation commission in its investigations and administration of laws relating to the sale of mining securities.

11. Assist federal, state and local governmental agencies and instrumentalities, economic development organizations and gem and mineral organizations in matters relating to:

(a) Education.

(b) The identification, exploration and development of mineral resources in this state.

12. Use its authority in other ways to assist in more extensive exploration and development of the mineral resources of this state.

B. The department shall maintain a mining and mineral museum as the state depository for collecting, and cataloging and displaying mining artifacts and specimens, of various ores, gemstones, lapidary material and equipment and other valuable documents relating to mining and minerals mineral specimens. In connection with the museum, the state geologist may:

1. Establish and collect entrance fees to the museum for persons who are at least eighteen years of age.

2. Operate a retail gift shop, including the acquisition, purchase and resale of mineral specimens and mineral-related items.

3. Employ a curator for the museum.

4. Pay the necessary maintenance and operation expenses of the museum. END_STATUTE

Sec. 2. Section 27-152.02, Arizona Revised Statutes, is amended to read:

START_STATUTE27-152.02. Powers and duties of state geologist; fund

A. The state geologist shall:

1. Establish such administrative functions and offices as necessary to achieve the purposes of this article.

2. Prescribe the number and professional disciplines of the technical staff and their office and laboratory associates.

3. Direct the work of the Arizona geological survey and the formulation of its program and policies.

4. Adopt such rules as are necessary to carry out the purposes of this article.

5. Purchase or lease necessary office and laboratory equipment and acquire facilities from the state or lease necessary office and laboratory space.

6. Apply for and accept gifts, bequests or legacies of real or personal property or any other contribution, financial or otherwise, for use pursuant to the direction of the donor or, in the absence of an express direction, to be disposed of for the best interests of this state. The state geologist shall honor any restriction imposed by the donor on divulging contributed information or tangible personal property.

7. Accept from the federal, state and local governments or their agencies monies made available to this state for the purposes of this article.

8. Enter into cooperative agreements with federal, county or municipal governments or their agencies or with any agency or governmental unit established by the law of this or any other state for the purpose of carrying out the provisions of this article.

9. Contract with persons and organizations, public or private, to provide services for the Arizona geological survey.

10. Appoint a person with a background in oil and gas conservation to act on behalf of the oil and gas conservation commission and administer and enforce the applicable provisions of chapter 4 of this title relating to the oil and gas conservation commission.

B. The state geologist or the geologist's designee, at any time, may enter the property and inspect wells drilled for oil, gas, geothermal resources, helium or carbon dioxide and shall control property, machinery and appliances necessary to gauge the wells.

C. A geological survey fund is established for the purposes provided in this article consisting of appropriations and all monies received pursuant to article 1 of this chapter, this section and sections 27‑152.01, 27‑153 and 27‑515. Monies shall be separately accounted for and used as a continuing appropriation by the state geologist for the purposes provided from each source. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. The fund includes a separate account consisting of monies received pursuant to section 27-102, subsection B to be used exclusively for the maintenance and operations of the mining and mineral museum. END_STATUTE

Sec. 3. Section 28-2448, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2448. Arizona centennial special plates; fund

A. The department shall issue Arizona centennial special plates. The department shall use thirty‑two thousand dollars from the state highway fund, established by section 28‑6991, to implement this section. The office of tourism shall design the Arizona centennial special plates. The design and color of the Arizona centennial special plates are subject to the approval of the department. The director of the department of transportation may allow a request for Arizona centennial special plates to be combined with a request for personalized special plates. If the director of the department of transportation allows such a combination, the request shall be in a form prescribed by the director of the department of transportation and is subject to the fees for the personalized special plates in addition to the fees required for the Arizona centennial special plates.

B. Of the twenty-five dollar fee required by section 28‑2402 for the original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.

C. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and all donations collected pursuant to this section in the Arizona centennial special plate fund established by this section.

D. The Arizona centennial special plate fund is established consisting of monies deposited pursuant to this section. The director shall administer the fund. The first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28‑6991. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

E. In fiscal year 2011‑2012, the director shall quarterly allocate monies in the fund to the office of tourism to pay costs related to Arizona centennial projects and events. In fiscal year 2012‑2013 and in each fiscal year thereafter, the director shall annually allocate monies in the fund to the Arizona historical society to pay costs related to the maintenance and operations of the centennial museum that houses the mining and mineral museum.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. END_STATUTE

Sec. 4. Section 41-821, Arizona Revised Statutes, is amended to read:

START_STATUTE41-821. Arizona historical society; powers; officers; duties of board of directors

A. An Arizona historical society is established.

B. Subject to limitations imposed by law, the society may purchase, receive, hold, lease and sell property, real and personal, for the benefit of this state and use of the society. The society may solicit private monetary donations for program activities.

C. The society shall have a president, a treasurer, a board of directors and other officers who shall be elected by the members of the society at times and by methods the bylaws of the society prescribe. The board of directors may designate from among its members an executive committee with authority to act in place of the board of directors and in accordance with directions the board of directors may give when the board of directors is not in session.

D. The president shall preside at meetings of the society and of the board of directors.

E. The treasurer shall have custody of the monies of the society, other than legislative appropriations. The treasurer shall hold the monies of the society deposited in trust for the society's use and for the benefit of this state and shall disburse them only as prescribed by law and the bylaws of the society.

F. The board of directors shall hold in trust for this state and administer for the benefit of this state and use of the society all property acquired by the society.

G. All expenditures of legislative appropriations to the society shall be made on claims duly itemized, verified and approved by the executive director. The executive director shall present and file claims for payment with the director of the department of administration. The director of the department of administration shall draw the warrant on the state treasurer. The society may expend nonappropriated private funds related to program activities.

H. The board of directors shall annually designate one or more historical organizations within each county of this state that are incorporated as nonprofit organizations and that are deemed to have a functioning program of historical value based on criteria established by the board of directors. The board of directors may organize chapters made up of groups of its members who have a common interest in a geographical area of this state or a common interest in a field of history, may provide for the governance of these chapters and may grant to any chapter the power to exercise authority of the society as the board of directors may determine.

I. The board of directors, subject to legislative appropriation, may contract with certified historical organizations for services to be performed for the benefit of this state. The contracts shall be prepared by the Arizona historical society. The board of directors shall annually review the contracts to ensure fulfillment of their provisions.

J. The board of directors may employ an executive director and may employ or authorize the employment of other employees it considers appropriate to carry out the functions of the society. The executive director and all other employees shall have duties and exercise authority as may be prescribed by the board of directors or by the executive director acting under the direction of the board of directors.

K. The board may operate a program for the establishment and maintenance of historical markers at various locations in this state.

L. In cooperation with the advisory council established by section 41‑827.01, the board shall operate and maintain the centennial museum that houses the mining and mineral museum and may engage in other activities related to the museum as determined by the board or the executive director. Monies received pursuant to this subsection shall be credited to an account to be used for the maintenance and operations of the centennial museum that houses the mining and mineral museum. END_STATUTE

Sec. 5. Section 41-827, Arizona Revised Statutes, is amended to read:

START_STATUTE41-827. Centennial museum; donations

A. The Arizona historical society shall operate and maintain the centennial museum that houses the mining and mineral museum for the following purposes and with the following authority:

1. To promote the recognition and celebration of the historical, cultural, economic and social contributions to this state made by the "five C's" of cattle, copper, cotton, climate and citrus for the observance of the centennial of Arizona as a state.

2. To maintain the mining and mineral museum as the state depository for collecting, cataloging and displaying mining artifacts and specimens of various ores, gemstones, lapidary material and other valuable mineral specimens.

3. 2. To apply for and accept grants, donations, gifts, bequests of legacies of real or personal property, or any other contribution, financial or otherwise, for use in accordance with the direction of the donor, or, in the absence of an express direction, to be disposed of as prescribed by the board consistent with this article. Monies received pursuant to this paragraph shall be deposited in a separate account of the museum for the purposes of the museum.

4. 3. To accept from the federal or state government, any local government or any of their agencies restricted and unrestricted monies made available to the state for the purposes of this article.

5. 4. To establish and collect entrance fees to the museum for persons who are at least eighteen years of age.

6. 5. To operate a retail gift shop including the acquisition, purchase and resale of mineral specimens and mineral-related items.

7. 6. To authorize the director to employ a curator for the museum. The curator shall possess knowledge or experience in mineral collections or shall have other museum experience operating a museum.

8. 7. To operate educational programming for the museum.

9. 8. To accept the services of volunteers and provide oversight for their activities.

B. The Arizona historical society shall maintain the items, artifacts and other inventory received for display or storage, including equipment and outdoor displays, and shall not sell or otherwise dispose of materials received for the centennial museum or the mining and mineral museum. END_STATUTE

Sec. 6. Section 41-827.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-827.01. Centennial museum advisory council; membership; duties; terms; compensation

A. The centennial and mining and mineral museum advisory council is established consisting of the following members who, except for the members member designated pursuant to paragraphs 1 and 2 paragraph 1 of this subsection, are appointed by the governor:

1. The executive director of the Arizona historical society or the director's designee.

2. The state geologist or the state geologist's designee.

3. 2. Two members representing the livestock industry.

4. 3. Two members representing the mining industry.

5. 4. Two members representing the agriculture industry.

6. 5. Two members representing tourism and other climate-related industries.

7. 6. Two members representing the specialty crops industry.

8. 7. One member who is a natural resources education professional.

9. 8. One member representing a natural resources foundation.

10. 9. Two members representing the public.

B. The advisory council shall:

1. Select a chairperson and vice-chairperson from among its members.

2. Hold regular meetings and additional meetings at the call of the chairperson or a majority of its members.

3. Provide oversight and advice to the director of the Arizona historical society regarding the centennial museum that houses the mining and mineral museum and assist in promoting the mission of the centennial museum. The director shall accept the recommendations of the advisory council if the director finds them to be practicable and in the best interest of the museum.

4. Establish a subcommittee to provide assistance and advice in the areas of educational programming, and the hiring and retention of a curator and oversight of mineral collections. The advisory council may establish subcommittees to act in an advisory capacity on other matters relevant to the museum and the advisory council's duties.

C. The initial members appointed pursuant to subsection A, paragraphs 3 through 10 2 through 9 shall assign themselves by lot to three, four and five year terms of office. All subsequent members serve five year terms of office. A member may continue to serve until the member's successor is appointed and assumes office.

D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1. END_STATUTE

Sec. 7. Transfer and succession

A. As provided by this act, the Arizona geological survey succeeds to the authority, powers and duties of the Arizona historical society with respect to the mining and mineral museum.

B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the Arizona historical society with respect to the mining and mineral museum in existence before the effective date of this act and now assumed by the Arizona geological survey.