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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
library;
historic names; archeology; establishment
(NOW: library; historic names; establishment)
Purpose
An emergency measure that reestablishes statutory authority and requirements of the Arizona State Library, Archives and Public Records (State Library), the State Board on Geographic and Historic Names and the Board of Library Examiners.
Background
The State Library is housed within the Office of the Secretary of State and provides: 1) access to materials relating to specified statutory subjects; 2) a general and legal reference service; and 3) a records management and archives program. The State Library was set to terminate on July 1, 2020, (A.R.S. § 41-3020.04). The Governor issued an executive order on March 11, 2020, extending the State Library until March 31, 2021, or until action is taken by the Arizona Legislature (Executive Order 2020-46).
Prior to January 1, 2021, statute outlined requirements, membership, powers and duties of the State Board on Geographic and Historic Names. The nine-member State Board on Geographic and Historic Names consisted of seven members appointed by the heads of specified state agencies and organizations and two members appointed by the Governor. The Senate Government COR and House Government COR held a joint public meeting on January 9, 2020, to consider the State Library's and State Board on Geographic and Historic Names' response to statutory sunset factors and receive public testimony. The CORs recommended that the Legislature continue the State Board on Geographic and Historic Names and State Library for eight years (COR minutes). The Senate Government COR held a public meeting on January 9, 2020, to consider the Board of Library Examiners' response to statutory sunset factors and receive public testimony. The COR recommended that the Legislature continue the Board of Library Examiners for eight years (COR minutes).
The State Board on Geographic and Historic Names and the Board of Library Examiners were terminated on July 1, 2020 without statutory continuation by the Legislature (A.R.S. §§ 41-3020.05 and 41-3030.08).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Reestablishes the State Library, State Board on Geographic and Historic Names and the Board of Library Examiners.
2. Reestablishes statutory authority and requirements of the State Library relating to:
a) the Electronic Records Repository Fund;
b) qualifications and compensation for the Director of the State Library (Director);
c) powers and duties of the Director;
d) State Library Administrative Agency and the State Library Fund;
e) the State Library development services;
f) archives and history services;
g) the depository of official archives;
h) historical records;
i) access to public records;
j) the Records Services Fund;
k) records management and the record management officer;
l) state and local public records management and violations;
m) the preservation of Public Records;
n) the production and reproduction of records by agencies and political subdivisions;
o) historical value;
p) the Arizona Uniform Laws Commission membership and duties;
q) the determination of value;
r) the Historical Advisory Commission membership and duties;
s) the Historic Sites Review Committee membership and duties;
t) the review and transfer of certain historic property;
u) the privacy of user records classification and violation;
v) the Arizona Historical Records Advisory Board; and
w) the Museum Gift Shop Revolving Fund.
3. Reestablishes the statutory authority and requirements of the State Board on Geographic and Historic Names relating to:
a) the perpetuation of historical names;
b) membership, staffing, powers and duties;
c) changes in or additions of geographic features or places of historical significance;
d) the use of names chosen by the State Board on Geographic and Historic Names;
e) prohibitions on advertising or publishing a name without Board approval;
f) restrictions on the changes to historical names;
g) statutory designations relating to the Hoover Dam and Mogollon Rim; and
h) violations of State Board on Geographic and Historic Names statutes.
4. Reestablishes the statutory authority and requirements of the Board of Library Examiners relating to membership, powers and duties.
5. Requires the Director to deposit certification of records fees in the State Library Fund, rather than transmit the fees to the State Treasurer for credit to the State Library Fund.
6. Requires the Governor to appoint three members of the public, rather than two, to the State Board on Geographic and Historic Names and requires at least one of the members to be an enrolled member of a recognized tribe or Indian community in Arizona.
7. Terminates the State Library, State Board on Geographic and Historic Names and Board of Library Examiners on July 1, 2029.
8. Repeals statutory requirements relating to the State Library, State Board on Geographic and Historic Names and Board of Library Examiners on January 1, 2030.
9. Contains purpose statements.
10. Makes technical and conforming changes.
11. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
· Requires the Governor to appoint four members of the public, rather than three, to the State Board on Geographic and Historic Names.
Amendments Adopted by Committee of the Whole
1. The committee amendment was withdrawn.
2. Requires the Governor to appoint three members of the public, rather than four, to the State Board on Geographic and Historic Names.
House Action Senate Action
GE 1/20/21 DP 8-5-0-0 GOV 3/22/21 DPA 7-0-1
3rd Read 2/11/21 59-0-1
Prepared by Senate Research
April 5, 2021
MH/ML/gs