Arizona SB 1338: historic preservation; state museum; transfer

Bill Text

SB1338 - 551R - S Ver 

 Senate Engrossed

 historic preservation; state museum; transfer

 State of 
 Arizona

 Senate

 Fifty-fifth 
 Legislature

 First Regular 
 Session

 2021

 SENATE BILL 1338

AN ACT

Amending 
sections 15-1631, 39-125, 41-842, 41-843, 41-844, 41-866 and 41-2052, 
arizona revised statutes; Appropriating monies; relating to historic 
preservation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 15-1631, Arizona Revised 
Statutes, is amended to read:

START_STATUTE15-1631. State museum; fees

A. There shall be a state museum for the collection 
and preservation of the archaeological resources, specimens of the mineral 
wealth and the flora and fauna of this state.

B. The Arizona board of regents, 
in consultation with the state historic preservation officer, 
shall direct and manage the museum and shall set apart sufficient space to 
accommodate it.

C. The Arizona board of regents shall adopt any fees 
for services performed by the state museum pursuant to title 41, 
chapter 4.1, article 4 and section 41-865.

D. Before submitting a proposal to the Arizona board 
of regents to increase fees for services, the director of the state museum 
shall provide notice of the intent to increase fees for services on the website 
of the state museum before January 1. The notice of intent must:

1. Include a justification for the fee increase, 
which shall contain:

(a) The amount of the proposed fee increase.

(b) A list of the persons who will be directly 
affected by, bear the costs of or directly benefit from the proposed fee increase.

(c) An analysis of each of the following:

(i) The rationale for the proposed fee increase with 
a description of the statutory responsibilities that the state museum intends 
to fulfill with the proposed fee increase.

(ii) An explanation of the services that the state 
museum will provide with the proposed fee increase to this state, political 
subdivisions, other agencies and businesses.

(iii) A description of any efforts to avoid fee 
increases or to reduce the costs or regulatory burden, or both, to the 
businesses, persons and consumers that will be directly affected by the 
proposed fee increase.

(d) A description of the methodology used to 
calculate the proposed fee increase and a detailed explanation of the costs 
included in the fee methodology.

2. Be provided to the Arizona board of regents for 
submittal to the secretary of state for publication in the register pursuant to 
section 41-1013.

E. In addition to the duties prescribed in 
subsection D of this section, the director of the state museum shall:

1. At the same time the Arizona board of regents 
submits notice of the proposed fee increase to the secretary of state pursuant 
to subsection D, paragraph 2 of this section, notify by regular mail, fax or e-mail email each person who has made a timely 
request to the state museum for notification of proposed fee changes, proposed 
policy changes or any other proposed change relating to the state museum.� The 
state museum may purge the list of persons who have requested these 
notifications once each year. 

2. Post the draft of the proposal to increase fees 
for services on the website of the state museum on or before the second Monday 
of the calendar year. 

3. Provide an opportunity for public comment 
regarding the proposal to increase fees for services for at least thirty days 
after publication by the secretary of state in the register. Public 
comment may include written comments, comments submitted through e-mail email and oral comments. 

4. If applicable, post on the website of the state 
museum a revised draft of the proposal to increase fees for services at the end 
of the public comment period.� The revised draft shall include a summary and 
response to any comments received during the public comment period and a 
summary of the alternatives that were considered and a rationale for why those 
alternatives were not selected.

5. Provide an opportunity for public comment for at 
least twenty days regarding the revised draft of the proposal to increase fees 
for services. Public comment may include written comments, comments submitted 
through e-mail email and oral 
comments. 

6. Not later than five business days after the end 
of the public comment period, post on the website of the state museum a final 
draft of the proposal to increase fees for services along with the expected 
date that the Arizona board of regents will consider the proposed increase.

F. Any proposal submitted by the state museum to the 
Arizona board of regents to increase fees shall include the information 
prescribed in subsections D and E of this section. END_STATUTE

Sec. 2. Section 39-125, Arizona Revised 
Statutes, is amended to read:

START_STATUTE39-125. Information relating to location of archaeological discoveries 
and places or objects included or eligible for inclusion on the Ariz