Bill Text: AZ HB2501 | 2019 | Fifty-fourth Legislature 1st Regular | Chaptered
Bill Title: Electronic records; state library
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-06-06 - Chapter 275 [HB2501 Detail]
Download: Arizona-2019-HB2501-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 275
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HOUSE BILL 2501 |
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AN ACT
amending sections 41-151.09 and 41-151.15, Arizona Revised Statutes; amending title 41, chapter 1, article 2.1, Arizona Revised Statutes, by adding section 41-151.26; appropriating monies; relating to the arizona state library, archives and public records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-151.09, Arizona Revised Statutes, is amended to read:
41-151.09. Depository of official archives
A. The state library is the central depository of all official books, records and documents, including electronic records, not in current use of the various state officers and departments of this state, the counties and incorporated cities and towns. These materials constitute the state archives. The state archives shall be carefully kept and preserved, classified, catalogued and made available for inspection under rules the director adopts.
B. State officers in possession of official state or territorial archives shall deposit those archives with the state library.
C. Any county, municipal or other public official shall either retain or deposit with the state library for permanent preservation pursuant to section 39-101 official books, records, documents and original papers not in current use. The clerk of the superior court shall deposit and the state library shall preserve all permanent superior court case files pursuant to court rules.
D. The state library shall make birth and death records held in the state library archives available for inspection as follows:
1. Birth records if seventy‑five years have passed after the date of birth as recorded on the birth certificate.
2. Death records if fifty years have passed after the date of death.
Sec. 2. Section 41-151.15, Arizona Revised Statutes, is amended to read:
41-151.15. Preservation of public records
A. All records made or received by public officials or employees of this state or the counties and incorporated cities and towns of this state in the course of their public duties are the property of this state. Except as provided in this article, the director and every other custodian of public records shall carefully protect and preserve the records from deterioration, mutilation, loss or destruction and, when advisable, shall cause them to be properly repaired and renovated. All paper, ink and other materials used in public offices for the purpose of permanent records, including electronic records, shall be of durable quality and shall comply with the standards established pursuant to section 39‑101. Additionally, the custodian of records that keeps photography, film, microfiche, digital imaging or other types of reproduction or electronic media pursuant to section 41‑151.16, subsection A shall protect records from loss or destruction pursuant to standards that are established by the director.
B. The state library shall establish, operate and maintain a trusted electronic records repository to keep, preserve, secure and make available the electronic and digitized records of the state archives and the state documents program and of any documents and public records received, subject to legislative appropriation.
B. C. Records shall not be destroyed or otherwise disposed of by any agency of this state unless it is determined by the state library that the record has no further administrative, legal, fiscal, research or historical value. The original of any record produced or reproduced pursuant to section 41‑151.16 may be determined by the state library to have no further administrative, legal, fiscal, research or historical value. A person who destroys or otherwise disposes of records without the specific authority of the state library is in violation of section 38‑421.
Sec. 3. Title 41, chapter 1, article 2.1, Arizona Revised Statutes, is amended by adding section 41-151.26, to read:
41-151.26. Electronic records repository fund; exemption
A. The electronic records repository fund is established consisting of legislative appropriations, gifts, nonfederal grants, fees, donations and other monies. The director shall administer the fund. Monies in the fund are subject to legislative appropriation. The director shall use the monies in the fund for operating expenses for the trusted electronic records repository established pursuant to section 41-151.15.
B. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 4. Appropriation; electronic records repository; FTE position
The sum of $70,000 and 1 FTE position are appropriated from the state general fund in fiscal year 2023-2024 to the secretary of state for the purposes of this act.
APPROVED BY THE GOVERNOR JUNE 6, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 6, 2019.
