Bill Text: AZ SB1128 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Library; archives; public records; museum
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-16 - Senate third reading FAILED voting: (15-15-0-0) [SB1128 Detail]
Download: Arizona-2021-SB1128-Engrossed.html
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Senate Engrossed
library; archives; public records; museum |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1128 |
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AN ACT
amending sections 11-479, 28-440 and 39-121.01, Arizona Revised Statutes; amending Title 41, chapter 1, Arizona Revised Statutes, by adding article 2.1; amending Title 41, chapter 8, article 1, Arizona Revised Statutes, by adding sections 41-1306 and 41-1307; repealing section 41-3020.04, Arizona Revised Statutes; amending Title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3029.01; amending section 44-7041, Arizona Revised Statutes; appropriating monies; relating to the secretary of state.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-479, Arizona Revised Statutes, is amended to read:
11-479. Destruction of records; requirements; exception
A. The county recorder may destroy, under sections 41-151, 41-151.09, 41-151.11, 41-151.12, 41-151.13, 41-151.14, 41-151.15, 41-151.16, 41-151.17, 41-151.18 and 41-151.19, all of the filed papers or record books created by handwriting, by typing on printed forms, by typewriting, by photostatic or photographic methods or by any electronic means in the recorder's official custody, except federal tax lien notices, if all of the following conditions exist:
1. The record, paper or document is photographed or reproduced by any other method under the direction and control of the county recorder on electronic media or film of a type approved for permanent record by the Arizona state library, archives and public records.
2. The device used to reproduce the record, paper or document on film or electronic media is one which that accurately and legibly reproduces the original in all details.
3. The photographs or other reproductions on film or electronic media are made as accessible for public reference as the book records were.
4. A true copy of archival quality of such film or electronic media reproduction is kept in a safe and separate place for security purposes.
B. No A page of any record, paper or document shall not be destroyed if any such page cannot be reproduced on film or electronic media with full legibility. Every such unreproducible page shall be permanently preserved in a manner that will afford easy reference.
Sec. 2. Section 28-440, Arizona Revised Statutes, is amended to read:
28-440. Definitions
In this article, unless the context otherwise requires:
1. "Bulk records" means multiple records that are retrieved collectively from the department's database as a result of a single request. Bulk records does not include retrieving one record at a time from a single request.
2. "Duplicate" means a counterpart produced by any of the following:
(a) The same impression or from the same matrix as the original.
(b) Means of photography, including enlargements and miniatures.
(c) Mechanical or electronic rerecording.
(d) Chemical reproduction.
(e) Any other equivalent technique that accurately reproduces the original.
3. "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
4. "Express consent" means consent in writing, including consent that is conveyed electronically and that bears an electronic signature.
5. "Highly restricted personal information" means an individual's photograph or image, social security number and medical or disability information.
6. "Insurance support organization" has the same meaning prescribed in section 20-2102.
7. "Medical or disability information" means a restriction or medical code placed on a person's motor vehicle record pursuant to section 28-3159, subsection A, paragraph 1 or section 28-3167.
8. "Motor vehicle record" means any record that pertains to a driver license or permit, vehicle registration, vehicle title or identification document issued by the department or its duly authorized third parties, agents or contractors that are authorized to issue any of those documents.
9. "Opt in" means a customer of the department has provided express consent to the department to allow the release of the customer's personal information, including highly restricted personal information, in a form prescribed by the director.
10. "Original":
(a) Of a record means the record itself or any counterpart intended to have the same effect by the person executing or issuing it.
(b) Of a photograph means the negative or a print from the negative.
(c) Of data stored in a computer or similar device means a printout or other output that is readable by sight and that is shown to reflect the data accurately.
11. "Personal information" means information that identifies an individual and that includes an individual's photograph, social security number, driver identification number, name, address, telephone number and medical or disability information. Personal information does not include an individual's five digit five-digit zip code and information about vehicular accidents, driving violations and driver status.
12. "Photographs" includes still photographs, x-ray films, videotapes, motion pictures and digitized electronic images.
13. "Records" has the same meaning prescribed in section 41-151.18 41-151.
14. "Vehicle history report" means a report that is developed to track the registration and total loss history of a particular vehicle and includes odometer readings and brand codes, title brand codes and any related vehicle data. Vehicle history report does not include names and addresses.
Sec. 3. Section 39-121.01, Arizona Revised Statutes, is amended to read:
39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index
A. In this article, unless the context otherwise requires:
1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body.
2. "Public body" means this state, any county, city, town, school district, political subdivision or tax-supported district in this state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from this state or any political subdivision of this state, or expending monies provided by this state or any political subdivision of this state.
B. All officers and public bodies shall maintain all records, including records as defined in section 41-151.18 41-151, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which that are supported by monies from this state or any political subdivision of this state.
C. Each public body shall be responsible for the preservation, maintenance and care of that body's public records, and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41-151.15 and 41-151.19.
D. Subject to section 39-121.03:
1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's website to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be furnished without charge.
2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order. This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index. For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41-1001, but does not include the department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the state department of corrections.
3. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which that a person has a right to inspect, such the person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such the custodian.
E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section.
Sec. 4. Title 41, chapter 1, Arizona Revised Statutes, is amended by adding article 2.1, to read:
ARTICLE 2.1. ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC
RECORDS ESTABLISHED IN THE OFFICE OF THE SECRETARY OF STATE
41-151. Definitions
In this article, unless the context otherwise requires:
1. "Director" means the director of the state library.
2. "records":
(a) means all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to section 41-151.16, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained in the record.
(b) Includes records that are made confidential by statute.
(c) Does not include library or museum material made or acquired solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference and stocks of publications or documents intended for sale or distribution to interested persons.
3. "State library" means the Arizona state library, archives and public records.
41-151.01. Arizona state library, archives and public records
A. The Arizona state library, archives and public records is established in the office of the secretary of state.
B. The state library shall:
1. Acquire and provide access to materials relating to the following in print, in an electronic format or in any other format:
(a) Law.
(b) Political science.
(c) Economics.
(d) Sociology.
(e) Subjects pertaining to the theory and practice of government.
(f) Genealogy.
(g) Arizona history.
2. Provide the following:
(a) A general and legal reference service.
(b) A records management and archives program.
(c) A state and federal government documents depository program.
(d) A library development service.
(e) Museums for educational purposes as approved by the secretary of state.
(f) A service, including materials, for persons who are visually or physically unable to use traditional print materials.
41-151.02. 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.
41-151.03. Director of the state library; qualifications
A. The state library is under the charge and control of a director, subject to supervision of the secretary of state. The secretary of state shall appoint the director of the state library. The director shall serve at the pleasure of the secretary of state.
B. The director shall be technically trained in library work with at least a master's degree in library science or the equivalent and HAVE at least five years' actual experience as chief administrator of a major library.
41-151.04. Compensation of director
The secretary of state SHALL DETERMINE THE compensation of the director pursuant to section 38-611.
41-151.05. Powers and duties of director
A. The director shall:
1. Adopt rules for the use of books or other materials in the custody of the state library and for the removal of books from the library, including assessing reasonable penalties for failure to return books or other materials when due. The proceeds from the assessment of reasonable penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state library fund established by section 41-151.06. The monies shall be used only for the purchase of other books or materials.
2. Sell or exchange undesired duplicate copies of books or other materials, or books or other materials not of value for the purposes of the library, or photographic reproductions of state library holdings, and deposit, pursuant to sections 35-146 and 35-147, the proceeds in the state library fund established by section 41-151.06. The monies shall be used for the purchase of other books or materials.
3. Bring actions for the recovery of books or other materials, or for three times the value of the books or other materials, against any person who has them in the person's possession or who is responsible for the books or other materials, and who has failed or refused to return them on demand. If a book or other material is one of a set, the value of the book or other material may be deemed the value of the entire set. The director shall deposit, pursuant to sections 35-146 and 35-147, Monies recovered pursuant to this paragraph in the state library fund established by section 41-151.06.
4. Certify copies from books, documents or other archival or public records that have been deposited in the custody of the state library. The fee for certification shall be the same as prescribed for the certification of records by the secretary of state. The director shall deposit, pursuant to sections 35-146 and 35-147, these fees in the state library fund established by section 41-151.06. These certificates have the same force and effect as if made by the officer originally in charge of the record.
5. As the director deems necessary:
(a) Arrange with the federal government, other states and foreign countries for a system of exchange of official state reports and publications, session laws, statutes, legislative journals and supreme court reports.
(b) Enter into agreements to establish a depository system and an exchange program with any municipal, county or regional public library, state college or state university library and out-of-state research libraries.
(c) Enter into agreements with libraries in this state for the state documents program described in section 41-151.08, subsection A, paragraph 2. Any library that enters into an agreement pursuant to this subdivision shall continue to contribute at least the same level of support to the state documents program and may not use any monies received pursuant to the agreement to supplant other monies available to the library.
6. Adopt rules for the acquisition, maintenance, access and preservation of state publications.
7. After consultation with other agencies, adopt rules as provided by statute, including rules for:
(a) Describing state publications in all formats.
(b) Supervising county free libraries pursuant to section 11-910.
(c) Certifying signs, plaques and markings pursuant to sections 28-7051 and 41-151.10.
(d) Enforcing section 34-502.
8. Provide access to an official compilation or revision of the laws of this state to each public or court library in this state that applies for access. The director may provide the access electronically. On request, the director may provide a certified copy of a law pursuant to paragraph 4 of this subsection.
9. As part of the secretary of state's annual report to the governor, report on the condition of the state library, its activities and the disposition of monies spent for its maintenance.
10. Subject to chapter 4, article 4 of this title, appoint personnel, including security personnel, necessary to perform the duties of the state library and assign their duties.
11. Cooperate with the legislative council in carrying out section 41-1304, subsection B.
B. The governor, the secretary of state, the president of the senate, the speaker of the house of representatives, the heads of departments and all officers and agents of this state shall supply at no cost the number of copies of official reports, public documents and publications required for the state library or its agents to satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to subsection A, paragraph 5 of this section.
C. The governmental units described in subsection B of this section shall:
1. Notify the state library if the reports, documents and publications subject to this section are posted on an internet website.
2. Pay the state library the fee charged pursuant to section 41-151.12 if the governmental unit refuses the state library's request to supply, and the state library incurs any expenses in obtaining, the copies that are required to be supplied pursuant to this section.
41-151.06. State library administrative agency; state library fund
A. The state library is the state library administrative agency, and the director may accept, on behalf of the state, any allocation of monies or materials made by the federal government for state library purposes, any appropriation of state monies for the purposes of this article or any bequest, grant or gift to the state library, and administer all of them under rules adopted by the director, unless otherwise provided by law. The administration may not be inconsistent with the conditions of the allocation, appropriation, bequest, grant or gift.
B. The state library fund is established. All monies received pursuant to this section and section 41-151.05, except for federal monies, shall be deposited, pursuant to sections 35-146 and 35-147, in the fund and accounted for separately. Monies in the accounts are continuously appropriated to the state library for the purposes provided for in the fund sources, and monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 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.
C. All federal monies received as provided by this section shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account of the fund and disbursed in the manner prescribed for the disbursement of state funds, but are not subject to section 35-190 relating to lapsing OF appropriations.
41-151.07. Library development services
The state library shall:
1. Direct and coordinate statewide public library services.
2. Encourage and assist the development of library services in state and local institutions and governmental units.
3. Compile and disseminate statistics and other data relating to libraries and library services.
4. Give professional advice and assistance in the establishment and operation of county free libraries, municipal or other libraries, or any combinations of county free and municipal or other libraries, and to joint ventures of public and private or nonprofit libraries in this state that make library information available to the public and that request such professional advice and assistance.
5. Develop library services for the blind and persons with physical disabilities regardless of the type of technology used.
6. Perform all other duties necessary or appropriate to the development of statewide library services.
41-151.08. Archives and history services; recovery of costs
A. The state library shall contain:
1. All available works, books, newspaper files, pamphlets, papers, manuscripts, documents, magazines and newspaper articles, maps, pictures, items and materials pertaining to or bearing on the history of this state.
2. Copies of current official reports, public documents and publications of state, county and municipal officers, departments, boards, commissions, agencies and institutions, and public archives. To allow compliance with this paragraph, all public officers required by law shall report in writing to the governor, or to the governing officer or body of a county, city or town, to provide those reports, documents and publications to the state library for filing in the state library archives in the number that will satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to section 41-151.05, subsection A, paragraph 5 except those reports, documents and publications that are confidential.
B. The governmental units described in subsection A of this section shall:
1. Notify the state library if the reports, documents and publications subject to this section are posted on an internet website.
2. Pay the state library the fee charged pursuant to section 41-151.12 if the governmental unit refuses the state library's request to provide, and the state library incurs any expenses in obtaining, the copies that are required to be provided pursuant to this section.
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 and the counties, 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 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.
41-151.10. Historical records
The state library shall:
1. Collect from the files of old newspapers, court records, church records, private collections and other sources, data pertaining to the history of this state.
2. Accept loans or gifts of rare volumes, manuscripts, maps, pictures and other articles or things of historical value.
3. Classify, edit, annotate and publish from time to time records considered of public interest.
4. Encourage the proper marking of points of historical importance.
5. Systematically stimulate historical research and encourage the study of Arizona history.
41-151.11. Access to public records
The director, in person or through a deputy, has the right of reasonable access to all nonconfidential public records in thIS state, or any public office of this state or any county, city, district or political subdivision of this state, because of the historical and research value of data contained in those records, with a view to securing their safety and determining their need for preservation or disposal.
41-151.12. Records; records management; powers and duties of director; fees; records services fund
A. The director is responsible for preservinG and managING records. In addition to other powers and duties, the director shall:
1. Establish standards, procedures and techniques for effective management of records.
2. Make continuing surveys of recordkeeping operations and recommend improvements in current record management practices, including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing records.
3. Establish standards and procedures for preparinG Schedules THAT providE for retAINING records of continuing value and for prompt and orderly disposal of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping.
4. Establish criteria for designatinG essential records within the following general categories:
(a) Records containing information necessary to the operations of government in AN emergency created by a disaster.
(b) Records containing information necessary to protect the rights and interests of persons or to establish and affirm the powers and duties of governments in the resumption of operations after a disaster.
5. Reproduce or cause to be reproduced essential records and prescribe the place and manner of their safekeeping.
6. Obtain such reports and documentation from agencies as are required for administering this program.
7. Request transmittal of the originals of records produced or reproduced by agencies of this state or its political subdivisions pursuant to section 41-151.16 or certified negatives, films or electronic media of such originals, or both, if in the director's judgment such records may be of historical or other value.
8. On request, assist and advise in the establishment of records management programs in the legislative and judicial branches of this state and provide program services similar to those available to the executive branch of state government pursuant to this article.
9. Establish a fee schedule to systematically charge state agencies, political subdivisions of this state and other governmental units of this state for services described in this section and section 41-151.13 and deposit, pursuant to sections 35-146 and 35-147, monies received from fees in the records services fund established by subsection B of this section.
10. Subject to approval of the secretary of state, establish a fee schedule to charge state agencies, political subdivisions of this state and other governmental units of this state for services and expenses incurred by the state library in obtaining copies of those reports, documents and publications that are required to be delivered, supplied or provided pursuant to sections 35-103, 41-151.05 and 41-151.08 and deposit, pursuant to sections 35-146 and 35-147, these monies in the records services fund established by subsection B of this section.
B. The records services fund is established consisting of monies deposited pursuant to subsection A, paragraphs 9 and 10 of this section. The director shall administer the fund for the purposes provided in subsection A of this section. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
41-151.13. Records management officer; duties
A. The state library shall employ a records management officer who is responsible for the direction and control of the records management program. The records management officer, at the direction of the director, shall administer section 41-151.12.
B. The state library shall:
1. Through consultation and education, provide for an efficient and contemporary records management program using modern techniques to facilitate the efficient and economic creation, maintenance, control, retention and disposition of records.
2. Operate a records management center for maintAINING and housing inactive nonarchival records. The records management center is the only inactive records center operated by a state agency. State agencies may use other facilities for inactive records storage with prior approval of the director.
3. Establish standards and procedures for records accepted for storage.
4. Operate a secure vault as part of the records management center for housing and maintaining micrographic, machine read and selected essential records.
5. Operate a preservation imaging function that is responsible for:
(a) The efficient and coordinated use of micrographics and digital imaging equipment, techniques and personnel to achieve optimum quality, effectiveness and economy in the production of source document micrographics and digital imaging.
(b) Processing and duplicating microfilm produced by the preservation imaging operation and film produced by other agencies of this state.
41-151.14. State and local public records management; violation; classification; definition
A. The head of each state and local agency shall:
1. Establish and maintain an active, continuing program for the economical and efficient management of the public records of the agency.
2. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the rights of this state and of persons directly affected by the agency's activities.
3. Submit to the director, in accordance with established standards, schedules proposing the length of time each record series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency.
4. Once every five years submit to the director lists of all essential public records in the custody of the agency.
5. Cooperate with the director in the conduct of surveys.
6. Designate an individual within the agency to manage the records management program of the agency. The agency shall reconfirm the identity of this individual to the state library every other year. The designated individual:
(a) Must be at a level of management sufficient to direct the records management program in an efficient and effective manner.
(b) Shall act as coordinator and liaison for the agency with the state library.
7. Comply with rules, standards and procedures adopted by the director.
B. The governing body of each county, city, town or other political subdivision shall promote the principles of efficient records management for local public records. The governing body, as far as practicable, shall follow the program established for managing state records. The director, on request of the governing body, shall provide advice and assistance in establishing a local public records management program.
C. A head of a state or local agency who violates this section is guilty of a class 2 misdemeanor.
D. For the purposes of this section, "records management" means creating and implementing systematic controls for records and information activities from the point where they are created or received through final disposition or archival retention, including distribution, use, storage, retrieval, protection and preservation.
41-151.15. Preservation of public records
A. All records made or received by public officials or employees of this state or the counties, 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.
C. Records may 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.
41-151.16. Production and reproduction of records by agencies of the state and political subdivisions; admissibility; violation; classification
A. Each agency of this state or OF any political subdivision of this state may implement a program for the production or reproduction by photography or other method of reproduction on film, microfiche, digital imaging or other electronic media of records in its custody, whether obsolete or current, and classify, catalogue and index such records for convenient reference. The agency, before the institution of any such program of production or reproduction, shall obtain approval from the director of the types of records to be produced or reproduced and of the methods of production, reproduction and storage and the equipment which the agency proposes to use in connection with the production, reproduction and storage. Approval pursuant to this subsection is necessary for digitizing programs but not for individual instances of digitization. On approval from the director, the source documents may be destroyed, but only after an administrative audit and after safeguards are in place to protect the public records pursuant to section 41-151.15, subsection A.
B. Except as otherwise provided by law, records reproduced as provided in subsection A of this section are admissible in evidence.
C. A head of an agency of this state or a political subdivision of this state who violates this section is guilty of a class 2 misdemeanor.
41-151.17. Duties relating to historical value
A. The state library shall:
1. Determine whether public records presented to it are of historical value.
2. Dispose of records determined to be of no historical value.
3. Accept those records deemed by a public officer having custody of the records to be unnecessary for transactinG the business of the public officer's office and deemed to be of historical value.
B. tHE STATE LIBRARY SHALL CHECK All public records of any public office, on the termination of the existence and functions of the office, and either dispose of or transfer THE RECORDS to the custody of the state library, in accordance with this article. If a public office is terminated or reduced by the transfer of its powers and duties to another office or to other offices, its appropriate public records shall pass with the powers and duties transferred.
41-151.18. Arizona uniform laws commission; membership; duties
A. The Arizona uniform laws commission is established consisting of four members who are members of a state bar association and who are appointed by the governor. These members are in addition to the members who have attained life membership in the national conference of commissioners on uniform state laws. The term of office of the members is six years except for lifetime members. An appointment to fill a vacancy caused other than by expiration of a term is for the remainder of the unexpired term.
B. Members of the Arizona uniform laws commission are not eligible for compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
C. The Arizona uniform laws commission shall review efforts nationally to enact uniform laws and recommend to the governor and the legislature the adoption of uniform legislation that the commission deems desirable.
D. The secretary of state may maintain membership on the Arizona uniform laws commission. On or before October 1 of each year, the Arizona uniform laws commission shall submit a letter to each member of the legislature that includes a website link to the current list of the uniform acts that is prepared by the national conference of commissioners on uniform state laws for the purpose of informing the members of the legislature about current model legislation that is available to the legislators.
41-151.19. Determination of value; disposition
Every public officer who has public records in the public officer's custody shall consult periodically with the state library and the state library shall determine whether the records in question are of legal, administrative, historical or other value. Those records determined to be of legal, administrative, historical or other value shall be preserved. Those records determined to be of no legal, administrative, historical or other value shall be disposed of by such A method as the state library may specify. A report of records destruction that includes a list of all records disposed of shall be filed at least annually with the state library on a form prescribed by the state library.
41-151.20. Historical advisory commission; membership; terms; expenses; duties; historic sites review committee
A. The historical advisory commission is established consisting of members appointed by the director for staggered terms of three years ending on July 1. The commission membership of not less than ten nor more than twenty-five members shall consist of experts in the disciplines of history, arts and culture, architecture and archaeology, professional librarians and archivists or persons otherwise associated with interpreting, researching, writing, preserving or teaching this state's heritage, including the Indian nations' history and heritage, and the director of the Arizona historical society, the director of the state museum, the director of the Arizona state parks board, the director of the office of tourism or the director's designee, the superintendent of public instruction or the superintendent's designee and the state historic preservation officer.
B. Members shall serve without compensation but those employed by this state shall be reimbursed for travel and subsistence by the department or agency they represent and those who are not employed by this state are eligible for reimbursement of expenses by the commission pursuant to title 38, chapter 4, article 2.
C. The commission shall:
1. Advise the legislature and state agencies on matters relating to this state's history and historic preservation.
2. Recommend measures to the legislature and state agencies to coordinate or improve the effectiveness of activities of state agencies and agencies of the political subdivisions of this state and other persons relating to interpreting, researching, writing and teaching this state's history, heritage and historic preservation, including the Indian nations' history, heritage and preservation.
3. Advise the legislature and state agencies on disseminating information pertaining to activities relating to historic preservation as provided in paragraph 2 of this subsection.
4. Encourage, in cooperation with appropriate public and private agencies, the Indian nations and other persons, training and education in the field of interpreting, researching, writing and teaching this state's history, heritage and historic preservation.
5. Assist in establishing the Arizona register of heritage agriculture pursuant to section 3-162.
6. On September 30 of each year, submit a report of the commission's activities to the director for inclusion in the annual report of the state library.
D. The historic sites review committee consisting of nine members is established to serve as a standing committee of the historical advisory commission. The state historic preservation officer shall appoint committee members for staggered terms of three years ending on July 1. The state historic preservation officer may appoint persons other than commission members to serve on the committee and shall appoint at least five persons who are professionals qualified in the disciplines of history, prehistoric and historic archaeology, architectural history or architecture. The committee shall select annually at the first meeting a chairperson who is a commission member. The chairperson shall report on committee activities at commission meetings. The committee shall assist in the duties prescribed in this section and by federal law, review nominations to the national and state historic registers, provide general advice and guidance to the state historic preservation officer and perform other duties as are necessary. On or before September 1 of each year, the state historic preservation officer shall submit a report of the committee's activities to the governor, the president of the senate, the speaker of the house of representatives and the director, including information prescribed in sections 41-862 and 41-881.
41-151.21. Review and transfer of certain historic property; exemption; definition
A. An agency shall notify the state library on forms prescribed by the director if the agency has or acquires furniture, equipment or other personal property that is fifty or more years of age or of known historical interest, including property escheated to this state under title 12, chapter 7, article 5.
B. The director may authorize a person to inspect the personal property reported under subsection A of this section and recommend to the state library whether the personal property is of an historic interest or value as would in the public interest require it to be made available permanently for placement on public display in any restored executive, legislative or judicial facility or museum area.
C. If the state library determines the personal property should be made available for display purposes, the state library shall provide written notice to the agency requesting prompt transfer of the personal property to the state library.
D. An agency may apply to the secretary of state for an exemption from the transfer required under subsection C of this section by filing a prompt written response stating:
1. The length of time the agency has used the personal property.
2. Why the value of the personal property to the agency is greater than the educational and historic value in displaying the personal property.
3. What harm the agency would suffer if the personal property is transferred to the state library.
4. That the use of federal monies in the initial acquisition of the personal property legally precludes its transfer to the state library.
E. The secretary of state shall grant an exemption to a requested property transfer if the secretary of state finds that the transfer of the property would result in significant cost or disruption to the agency that would outweigh the educational and historic value in displaying the property.
F. For the purposes of this section, "agency" means any branch, department, commission, board or other unit of the state organization that receives, disburses or spends state monies or incurs obligations against this state.
41-151.22. Privacy of user records; violation; classification; definition
A. Except as provided in subsection B of this section, a library or library system supported by public monies may not allow disclosure of any record or other information, including e-books, that identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library.
B. Records may be disclosed:
1. If necessary, for the reasonable operation of the library.
2. On written consent of the user.
3. On receipt of a court order.
4. If required by law.
C. Any person who knowingly discloses any record or other information in violation of this section is guilty of a class 3 misdemeanor.
D. For the purposes of this section, "e-book" means a book composed in or converted to digital format for display on a computer screen or handheld device.
41-151.23. Arizona historical records advisory board
A. The Arizona historical records advisory board is established consisting of the director and at least six members appointed by the director. These members shall consist of recognized experts in administering government records, historical records or archives and shall be as broadly representative as possible of public and private archives, records offices and research institutions and organizations in this state.
B. Members appointed by the director pursuant to subsection A of this section shall serve three-year staggered terms beginning on July 1. If there is a vacancy, the director shall appoint another person to serve the remainder of the term. The director may appoint members to succeeding terms. The director may remove a member for good and sufficient cause.
C. The advisory board shall annually elect a chairperson and vice chairperson from among its members at the first meeting of the fiscal year. The director shall serve as secretary of the advisory board and shall maintain the records of the advisory board.
D. The director shall call quarterly meetings and the director or chairperson may call other meetings as the director or chairperson deems necessary. A member of the advisory board may send a designee to be an observer at advisory board meetings. The designee may not vote directly or as a proxy.
E. The advisory board shall:
1. Serve as the central advisory body for historical records planning and for national historical publications and records commission funded projects developed and carried out in this state.
2. Serve as a coordinating body to facilitate cooperation among historical records repositories and other information agencies in this state and as a state-level review body for grant proposals as defined in the national historical publications and records commission guidelines.
F. The advisory board may:
1. Sponsor and publish surveys of the conditions and needs of historical records in this state.
2. Solicit or develop proposals for projects to be carried out in this state with national historical publications and records commission grants.
3. Review proposals by institutions in this state and make recommendations about these proposals to the national historical publications and records commission.
4. Develop, revise and submit to the national historical publications and records commission this state's priorities for historical records projects according to guidelines developed by the national historical publications and records commission.
5. Promote an understanding of the role and value of historical records.
6. Act in an advisory capacity to the state archives and other statewide archival or records agencies.
7. Review, through reports and otherwise, the operation and progress of projects in this state that are financed by national historical publications and records commission grants.
G. Members of the advisory board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
Sec. 5. Title 41, chapter 8, article 1, Arizona Revised Statutes, is amended by adding sections 41-1306 and 41-1307, to read:
41-1306. State capitol museum; legislative council
The director of the Arizona legislative council shall direct and manage the state capitol museum.
41-1307. Museum gift shop revolving fund; exemption
A. The museum gift shop revolving fund is established consisting of gift shop proceeds received from the sale of goods, gifts, nonfederal grants and donations. The director of the Arizona legislative council shall administer the fund. Monies in the fund are continuously appropriated. The director shall use the monies in the fund to provide to the public goods for sale that are reflective of the themes of the state capitol museum and this state.
B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Sec. 6. Repeal
Section 41-3020.04, Arizona Revised Statutes, is repealed.
Sec. 7. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3029.01, to read:
41-3029.01. Arizona state library, archives and public records; termination July 1, 2029
A. The Arizona state library, archives and public records terminates on July 1, 2029.
B. Title 41, chapter 1, article 2.1 and this section are repealed on January 1, 2030.
Sec. 8. Section 44-7041, Arizona Revised Statutes, is amended to read:
44-7041. Creation; retention; conversion of written records
A. Each governmental agency shall determine if, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records. Any governmental agency that is subject to the management, preservation, determination of value and disposition of records requirements prescribed in sections 41-151, 41-151.12, 41-151.13, 41-151.14, 41-151.15, 41-151.16, 41-151.17, 41-151.18 and 41-151.19 and the permanent public records requirements prescribed in section 39-101 shall comply with those requirements.
B. State agencies shall comply with the standards adopted by the department of administration pursuant to title 18, chapter 1.
C. All governmental agencies shall comply with the policies that are established pursuant to section 18-106 and that apply to the use of electronic signatures.
Sec. 9. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the Arizona state library, archives and public records to provide library, archives and public records services to the public.
Sec. 10. Succession
A. As provided by this act, the Arizona legislative council succeeds to the authority, powers, duties and responsibilities of the secretary of state regarding the state capitol museum.
B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the secretary of state regarding the state capitol museum before the effective date of this act.
C. All administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the secretary of state regarding the state capitol museum on the effective date of this act are transferred to and retain the same status with the Arizona legislative council.
D. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the secretary of state regarding the state capitol museum retain their validity for the duration of their terms of validity as provided by law.
E. All equipment, records, furnishings and other property, all data and investigative findings, all obligations and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the secretary of state regarding the state capitol museum are transferred to the Arizona legislative council.
F. All personnel who are under the state personnel system and employed by the secretary of state regarding the state capitol museum are transferred to comparable positions and pay classifications in the respective administrative units of the Arizona legislative council on the effective date of this act.
Sec. 11. Retroactivity
This act applies retroactively to from and after December 31, 2020.
