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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: GE DP 8-5-0-0 |
HB 2058: library; historic names; archeology; establishment
Sponsor: Representative Kavanagh, LD 23
Caucus & COW
Overview
Establishes various boards, commissions and funds related to public records, historic names and archeology.
History
The various House and Senate Committees of Reference met during January 2020 to discuss the sunset reviews of the following:
1) Board of Library Examiners;
2) Arizona State Library, Archives and Public Records;
3) State Geographic and Historic Names Board; and
4) Arizona Archaeology Commission.
Provisions
Board of Library Examiners
1. Establishes the Board of Library Examiners (Library Board). (Sec. 2)
2. Specifies that the membership of the Library Board consists of the following:
a) The director of the Arizona State Library, Archives and Public Records (ASLAPR) as the ex officio chair;
b) The librarian of the University of Arizona;
c) The librarian of the Phoenix Public Library; and
d) Two county librarians appointed by the director of ASLAPR. (Sec. 2)
3. States that the county librarians are to serve one-year terms, and the director must appoint the librarian members on a rotating basis to represent each county free library. (Sec. 2)
4. Prohibits the members of the Library Board from receiving compensation for their services except necessary and actual travel expenses which are to be paid from the General Fund. (Sec. 2)
5. Requires the Library Board to pass on the qualifications of people desiring to become county librarians and, in writing, may adopt rules not inconsistent with law for its government. (Sec. 2)
6. Continues, retroactive to July 1, 2020, the Library Board until July 1, 2029. (Sec. 9)
7. Repeals the Library Board on January 1, 2025. (Sec. 9)
8. Contains a legislative intent clause. (Sec. 14)
Arizona State Library, Archives and Public Records (ASLAPR)
9. Establishes ASLAPR in the Office of the Secretary of State. (Sec. 5)
10. Outlines what ASLAPR must provide, including providing and acquiring access to materials relating to certain topics in print and an electronic format or in any other format. (Sec. 5)
11. Creates the Electronic Records Repository Fund (Electronic Records Fund) consisting of gifts, nonfederal grants, legislative appropriations, fees, donations and other monies. (Sec. 5)
12. Specifies that the Electronic Records Fund is administered by the director of ASLAPR and the monies in the Electronic Records Fund must be used for operating expenses for the Trusted Electronic Records Repository established in statute. (Sec. 5)
13. States that monies in the Electronic Records Fund are subject to legislative appropriation and exempt from statute relating to the lapsing of appropriations. (Sec. 5)
14. Continues, retroactive to July 1, 2020, ASLAPR until July 1, 2029. (Sec. 9)
15. Repeals ASLAPR on January 1, 2030. (Sec. 9)
16. Contains a legislative intent clause. (Sec. 12)
Director of ASLAPR
17. Directs the Secretary of State (SOS) to appoint the director and requires the director to serve at the pleasure of the SOS. (Sec. 5)
18. Requires the director to have at least a master's degree in library science or the equivalent, be technically trained in library work and have at least five years' actual experience as chief administrator of a major library. (Sec. 5)
19. Stipulates that the SOS will determine the compensation of the director pursuant to statute. (Sec. 5)
20. Outlines the specific powers and duties of the director of ASLAPR. (Sec. 5)
21. Specifies that the following entities must supply at no cost the number of copies of public documents, official reports and publications required for ASLAPR or its agents to satisfy the statutory requirements:
a) Governor;
b) Secretary of State;
c) President of the Senate;
d) Speaker of the House of Representatives; and
e) Heads of departments and all officers and agents of this state. (Sec. 5)
22. Requires the aforementioned governmental units to:
a) Notify the state library if the documents, reports and publications are posted on an internet website; and
b) Pay the state library the fee charged pursuant to statute if the governmental unit refuses the state library's request to supply, and ASLAPR incurs any expenses in obtaining the required copies. (Sec. 5)
State Library
23. Specifies that the state library is the state library administrative agency. (Sec. 5)
24. Allows the director to accept and administer under adopted rules the following:
a) Any allocation of materials or monies made by the federal government for state library purposes;
b) Any appropriation of state monies for the state library; or
c) Any grant, bequest or gift to the state library. (Sec. 5)
25. Prohibits the administration from being inconsistent with the conditions of the appropriation, bequest, allocation, grant or gift. (Sec. 5)
26. Establishes the State Library Fund (Library Fund). (Sec. 5)
27. Directs all monies received, except for federal monies, to be deposited in the Library Fund and accounted for separately. (Sec. 5)
28. States that all monies in the Library Fund are exempt from the statutes relating to lapsing of appropriations and are continuously appropriated to the state library. (Sec. 5)
29. Requires the State Treasurer, on notice from the director, to invest and divest monies in the Library Fund, and monies earned from the investment must be credited to the Fund. (Sec. 5)
30. Specifies that all federal monies that are received pursuant to this Act must be deposited in a separate account of the Library Fund and disbursed according to the manner prescribed but are not subject to statutes relating to the lapsing of appropriations. (Sec. 5)
31. Outlines the requirements of the state library in relation to library development services. (Sec. 5)
32. Details the various documents that the state library must contain and how the governmental units must provide copies of such documents. (Sec. 5)
Official Archives and Historical Records
33. Stipulates that the state library is the central depository for all official records, books and documents, including electronic records, that are not in current use of state departments and officers and the cities, towns and counties. (Sec. 5)
34. Requires the state archives to be carefully kept and preserved, catalogued, classified and made available for inspection under rules adopted by the director. (Sec. 5)
35. Directs state officers, any county, municipal or other public official to deposit the following official items with the state library:
a) State or territorial archives;
b) Books;
c) Records; and
d) Documents and original papers not in current use. (Sec. 5)
36. States that the clerk of the superior court must deposit all permanent superior court case files pursuant to court rules. (Sec. 5)
37. Outlines the time periods for when the state library must make birth and death records held in the state library archives available for inspection. (Sec. 5)
38. Specifies the duties of the state library in relation to historical records. (Sec. 5)
39. Authorizes the director, in person or through a deputy, to the right of reasonable access to all nonconfidential public records because of the research and historical value of data contained in such records. (Sec. 5)
40. Stipulates that the director is responsible for managing and preserving records and outlines the additional duties and powers of the director in relation to records. (Sec. 5)
41. Establishes the Records Services Fund that consists of monies deposited pursuant to this Act.
a) Exempts these monies from statutes relating to lapsing of appropriations.
b) Specifies that monies in this fund are subject to legislative appropriation.
c) Requires the director to administer this fund. (Sec. 5)
42. Directs the state library to employ a records management officer who is responsible for the control and direction of the records management program. (Sec. 5)
43. Outlines the requirements of the state library, the records management officer and the head of each state and local agency in relation to the management of records. (Sec. 5)
44. Requires the governing body of each county, city, town or other political subdivision to promote the principles of efficient records management and follow the program established for managing state records. (Sec. 5)
45. Imposes a class 2 misdemeanor for a violation by a head of a state or local agency relating to records management. (Sec. 5)
46. States that all records received or made by public employees or officials of this state or the counties, cities or towns in the course of their public duties are the property of this state. (Sec. 5)
47. Specifies that the director and every other custodian of public records must carefully protect and preserve the records from mutilation, deterioration, loss or destruction and repair and renovate the records when advised. (Sec. 5)
48. Details the requirements for the preservation of various types of public records. (Sec. 5)
49. Requires the state library to establish, operate and maintain a trusted electronic records repository. (Sec. 5)
50. Prohibits records from being destroyed or otherwise disposed of by any agency of this state unless the determination has been made by the state library that the record has no further fiscal, research, legal, administrative or historical value. (Sec. 5)
51. Allows each agency of this state or of any political subdivision to implement a program for the production or reproduction by photography or other method of reproduction on film, digital imaging, microfiche or other electronic media of records in its custody. (Sec. 5)
52. Requires the agency to obtain approval from the director before instituting any such program, but no approval is necessary for individual instances of digitization. (Sec. 5)
53. Specifies that records that are reproduced, except as otherwise provided by law, are admissible in evidence. (Sec. 5)
54. Directs the state library to determine whether public records presented to it are of historical value and dispose of records that are not of historical value. (Sec. 5)
55. Mandates that the state library check all public records of any public office upon termination of existence and functions of the office and accordingly dispose or transfer such records. (Sec. 5)
56. Outlines the requirements for determination of value and disposition of public records. (Sec. 5)
Arizona Uniform Laws Commission
57. Establishes the Arizona Uniform Laws Commission (Uniform Laws Commission) consisting of four members appointed by the Governor who are members of a state bar association with the following terms of office:
a) Six years except for lifetime members;
b) The above members are in addition to members who have attained life membership in the National Conference of Commissioners on Uniform State Laws;
c) An appointment to fill a vacancy is for the remainder of the unexpired term. (Sec. 5)
58. Details the following requirements and duties of the Uniform Laws Commission members:
a) Review efforts nationally to enact uniform laws;
b) Recommend to the Legislature and the Governor the adoption of uniform legislation that the Uniform Laws Commission deems desirable;
c) Members are not eligible for compensation except for the reimbursement of expenses;
d) On or before October 1 annually, submit a letter to each member of the Legislature that includes a website link to the current list of uniform acts prepared by the National Conference of Commissioners on Uniform State Laws to inform the members of current model legislation that is available to legislators; and
e) Allows the Secretary of State to maintain membership on the Uniform Laws Commission. (Sec. 5)
Historical Advisory Commission
59. Creates the Historical Advisory Commission (Historical Commission) and specifies the membership, duties and terms of membership on the Commission. (Sec. 5)
60. Establishes the Historic Sites Review Committee to serve as a standing committee of the Historical Commission and outlines the membership, duties and terms of membership of such a committee. (Sec. 5)
61. Directs an agency to notify the state library if the agency has or acquires equipment, furniture or other personal property that is 50 or more years of age or of known historical interest. (Sec. 5)
62. Allows the director to authorize a person to inspect the personal property and recommend whether the property is of an historic value or interest that would require it to be made available permanently for placement on public display in any restored judicial, legislative or executive facility or museum area. (Sec. 5)
63. States that the state library must provide written notice to the agency requesting prompt transfer of the personal property to the state library if it is determined that the property should be made available for display purposes. (Sec. 5)
64. Authorizes an agency to apply to the Secretary of State for an exemption from the transfer by filing a written response that details certain information. (Sec. 5)
65. Permits the Secretary of State to grant an exemption to a requested property transfer if it is found that the transfer would result in significant cost or disruption to the agency that would outweigh the educational and historic value in displaying the property. (Sec. 5)
66. Prohibits a library of library system that is supported by public monies from allowing the disclosure of any record or other information, including e-books, that identifies a user as requesting or obtaining specific materials or services. (Sec. 5)
67. Details the reasons that such records may be disclosed and imposes a class 3 misdemeanor for a violation of this disclosure. (Sec. 5)
Arizona Historical Records Advisory Board
68. Establishes the Arizona Historical Records Advisory Board (Records Advisory Board) consisting of the director and at least six members appointment by the director. (Sec. 5)
69. Outlines the membership, responsibilities, and authorities granted to the Records Advisory Board. (Sec. 5)
Museum Gift Shop Revolving Fund
70. Creates the Museum Gift Shop Revolving Fund (Museum Fund) that consists of gift shop proceeds received from the sale of gifts, goods, nonfederal grants and donations. (Sec. 5)
71. Specifies that the director will administer the Museum Fund and use the continuously appropriated monies to provide to the public goods for sale that are reflective of the themes of this state and the state capitol museum. (Sec. 5)
72. Stipulates that the monies in the Museum Fund are exempt from statutes relating to lapsing of appropriations. (Sec. 5)
Historic Names
73. Declares as the public policy of this state that artificial or natural objects, things or places continue to be known by the names they bear now, as determined by the State Geographic and Historic Names Board, so that the historical record of this state is protected and preserved. (Sec. 6)
74. Establishes the State Board on Geographic and Historic Names (Geographic Board) and outlines the membership of the Board. (Sec. 6)
75. Describes the powers, duties, permissive and prohibited actions of the Geographic Board. (Sec. 6)
76. Allows a person, agency or group of federal, state or local government to propose a change in or addition of a geographic feature or place of historical significance by submitting a proposal and supporting information to the Geographic Board for recommendation and evaluation. (Sec. 6)
77. Outlines the duties of the Geographic Board upon receipt of a proposal. (Sec. 6)
78. States that the names approved by the Geographic Board must be filed with the Secretary of State and the clerk of the Board of Supervisors in the appropriate county. (Sec. 6)
79. Stipulates that the name the Geographic Board designates for a geographic feature or place of historical significance is the official name and must be used in and on all records, documents, maps and other publications. (Sec. 6)
80. Restricts a person from attempting to modify local usage or name an unnamed geographic feature in a publication or advertisement without approval from the Geographic Board.
a) Specifies that the Geographic Board must promptly act to curtail a violation of the modification and must adopt an official name for the feature if there is no recognized name of record. (Sec. 6)
81. Specifies the location and designations of the Hoover Dam and the Mogollon Rim. (Sec. 6)
82. Imposes a class 2 misdemeanor for a violation of the naming requirements set forth in this Act. (Sec. 6)
83. Continues, retroactive to July 1, 2020, the Geographic Board until July 1, 2029. (Sec. 9)
84. Repeals the Geographic Board on January 1, 2030. (Sec. 9)
85. Contains a legislative intent clause. (Sec. 13)
Archaeology Advisory Commission
86. Creates the Archaeology Advisory Commission (Archaeology Commission) and describes the membership, powers and duties of the commission. (Sec. 7)
87. Continues the Archaeology Commission until July 1, 2024. (Sec. 9)
88. Repeals the Archaeology Commission on January 1, 2025. (Sec. 9)
89. Contains a legislative intent clause. (Sec. 11)
Miscellaneous
90. Defines several pertinent terms. (Sec. 5, 6)
91. Makes technical and conforming changes. (Sec. 1, 3, 4, 8, 10)
92. Contains an emergency clause. (Sec. 15)
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HB 2058
Initials SJ Page 0 Caucus & COW
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