SB1128 - 551R - I Ver

 

 

 

REFERENCE TITLE: library; archives; public records; museum

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1128

 

Introduced by

Senator Gowan

 

 

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:

START_STATUTE11-479.    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. END_STATUTE

Sec.  2.    Section 28-440, Arizona Revised Statutes, is amended to read:

START_STATUTE28-440.    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. END_STATUTE

Sec.  3.    Section 39-121.01, Arizona Revised Statutes, is amended to read:

START_STATUTE39-121.01.    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. END_STATUTE

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

START_STATUTE41-151.    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. END_STATUTE

START_STATUTE41-151.01.    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)  &