Bill Text: AZ SB1241 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Historic preservations; state museum; transfer
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-10 - House read second time [SB1241 Detail]
Download: Arizona-2020-SB1241-Engrossed.html
|
Senate Engrossed |
|
State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
|
|
SENATE BILL 1241 |
|
|
|
|
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:
15-1631. 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 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 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 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.
Section 2. Section 39-125, Arizona Revised Statutes, is amended to read:
39-125. Information relating to location of archaeological discoveries and places or objects included or eligible for inclusion on the Arizona register of historic places; confidentiality
Nothing in This chapter requires does not require the disclosure of public records or other matters in the office of any officer that relate to the location of archaeological discoveries as described in section 41‑841 or 41‑844 or places or objects that are included on or may qualify for inclusion on the Arizona register of historic places as described in section 41‑511.04, subsection A, paragraph 9. An officer may decline to release this information if the officer determines that the release of the information creates a reasonable risk of vandalism, theft or other damage to the archaeological discoveries or the places or objects that are included on or may qualify for inclusion on the register. In making a decision to disclose public records pursuant to this section, an officer may consult with the director of the Arizona state museum or the state historic preservation officer.
Sec. 3. Section 41-842, Arizona Revised Statutes, is amended to read:
41-842. Permits to explore
A. Only institutions, organizations or corporations organized for scientific, research or land use planning purposes may pursue any activity prescribed in section 41‑841.
B. No Such activity may not be undertaken until a permit is first secured therefor for the activity from the director of the Arizona state museum state historic preservation officer.
C. Permits shall be granted by the director state historic preservation officer for such periods of time and under such regulations as he the state historic preservation officer may from time to time determine to institutions, organizations or corporations which that are qualified to conduct such activities and which that shall undertake to propagate the knowledge to be gained and to preserve permanently all objects, photographs and records in public repositories under their own supervision or control, or the supervision or control of other similar institutions, organizations or corporations.
Sec. 4. Section 41-843, Arizona Revised Statutes, is amended to read:
41-843. Prohibiting unnecessary defacing of site or object
No A person, institution or corporation shall not deface or otherwise alter any site or object embraced within the terms of sections 41‑841 and 41‑842, except in the course of activities pursued under the authority of a permit granted by the director of the Arizona state museum state historic preservation officer.
Sec. 5. Section 41-844, Arizona Revised Statutes, is amended to read:
41-844. Duty to report discoveries; disposition of discoveries; definitions
A. A person in charge of any survey, excavation, construction or other like activity on any lands owned or controlled by this state, by any public agency or institution of the this state, or by any county or municipal corporation within the this state shall report promptly to the director of the Arizona state museum state historic preservation officer the existence of any archaeological, paleontological or historical site or object that is at least fifty years old and that is discovered in the course of such survey, excavation, construction or other like activity and, in consultation with the director state historic preservation officer, shall immediately take all reasonable steps to secure and maintain its preservation. If it is necessary to move the object before completion of the proceedings prescribed by this section to permit allow the continuation of work on a construction project or similar project, the director state historic preservation officer shall require that the move be accomplished in the manner that will least disturb and best preserve the object.
B. If the objects discovered are human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony, the state historic preservation officer shall notify the director of the Arizona state museum and the director of the Arizona state museum, to the best of the director's ability, shall give notice of the discovery to:
1. All individuals who may have a direct kinship relationship to the human remains.
2. All groups that it is reasonable to believe may have a cultural or religious affinity to the remains or objects.
3. Appropriate members of the curatorial staff of The Arizona state museum.
4. Faculty members of the state universities who have a significant scholarly interest in the remains or objects.
5. The state historic preservation officer.
C. American Indian tribal governments that wish to be notified pursuant to this section shall keep on file with the director lists of the cultural groups and geographical area with which they claim affinity.
D. If American Indian human remains, funerary objects, sacred ceremonial objects or objects of cultural patrimony are involved, the director, in addition to giving notice as required in subsection B of this section, shall give notice to the tribes that occupy or have occupied the land on which the discovery is made and to the governor's office on tribal relations and the intertribal inter tribal council of Arizona.
E. The director shall respond to every report of a discovery in a timely fashion and within six months after being notified of the discovery by the state historic preservation officer, the director shall convene a meeting of notified persons and representatives of notified groups to discuss the most appropriate disposition of the discovered materials. At this meeting, the director shall encourage agreement among all participants regarding the most appropriate disposition and treatment of the materials. An agreement may include a decision to curate or rebury materials subject to conditions or limitations, a decision to engage in scientific analysis before repatriation or reburial or any other appropriate disposition. If an agreement is reached, it shall determine the disposition and treatment of the materials and the director shall oversee its implementation.
F. If no agreement is reached within six months after the meeting required by subsection E of this section, the human remains or funerary objects shall be disposed and treated in accordance with the wishes of the nearest relative with a direct kinship relationship, or with the wishes of the governing body of the group with cultural or religious affinity to the remains or objects if no relative exists. If sacred ceremonial objects or objects of national or tribal patrimony are concerned, disposition and treatment shall be in accordance with the wishes of the governing body of the group with cultural or religious affinity to the objects. The authority to determine the disposition and treatment of remains or objects pursuant to this subsection shall not be exercised in a manner that would prevent timely completion of a construction project or other project.
G. If there is no person with a direct kinship relationship or a group with a cultural or religious affinity to human remains or funerary objects and the remains have no scientific value, the remains or funerary objects shall remain undisturbed. If it is necessary to move them in order to permit allow completion of a construction or similar project, the remains or funerary objects shall be reburied under the supervision of the director in a place as similar and close as possible to their original burial site. If the remains or funerary objects have scientific value, they may be curated by the Arizona state museum or other authorized repository for a period of one year, after which they shall be reinterred. If remains of American Indians are involved, reburial pursuant to this subsection shall be undertaken with the cooperation of the Indian tribe located nearest to the place where the remains were discovered. Reburial, with that tribe's consent, may take place on that tribe's reservation. The one‑year period for scientific curation may be extended with that tribe's consent. If there is no group with a cultural or religious affinity to sacred ceremonial objects or objects of national or tribal patrimony, the director shall decide on the most appropriate disposition and treatment. Where American Indian materials are involved, the determination shall be made in consultation with appropriate tribal representatives.
H. A repository charged with the care or custody of human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony pursuant to this section shall maintain them with appropriate dignity and respect and with consideration for the specific applicable cultural or religious traditions applicable to the remains or objects. When materials are returned to relatives or affiliated groups, the relatives or groups shall accept and undertake responsibility for the protection and security of the materials.
I. The expense of any curation or reburial pursuant to this section that is required as the result of a construction project or similar project shall be borne by that project. Reburials made in order to satisfy the wishes of a relative or affinal group shall be by and at the expense of the relative or group.
J. If a person believes that the provisions of this section have has not been properly applied, the person shall give written notice of this claim to all other parties entitled to notice under subsections B and C of this section. The parties shall meet within fifteen days after receiving the notice and attempt to agree on the designation of a third party to assist in the resolution of the dispute. If the parties cannot agree within fifteen days on a third party, the state historic preservation officer shall serve in that capacity. The adverse parties shall attempt to reach a resolution with the assistance of the third party. If a resolution cannot be reached within ninety days after the designation of the third party, the third party shall resolve the dispute. Either party may appeal a decision within thirty days to the superior court in the county in which the subject of the dispute is located.
K. If a written request for the reburial or repatriation of human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony in the possession and ownership or control of an agency of this state, as of September 27, 1990, is made by the government of an American Indian tribe, the requirements of this section apply as if the remains or objects had been discovered after September 27, 1990.
L. Whenever If two or more groups or tribes have affinity to the same human remains, funerary object, sacred ceremonial object or object of national or tribal patrimony and they do not agree on the disposition or treatment of such remains or object, the question of which group or tribe shall be deemed to have affinity shall be resolved pursuant to subsection J of this section. In making the determination, consideration shall be given to all the relevant evidence of affinity.
M. For the purposes of this section:
1. "Funerary object" means an object discovered in proximity to human remains and intentionally buried or interred with the remains.
2. "Group with a cultural or religious affinity" means any of the following:
(a) In the case of human remains or funerary objects, any tribe that has submitted a written claim of affinity pursuant to subsection C of this section or any other group or tribe that has cultural affinity in light of all the relevant evidence.
(b) In the case of a sacred ceremonial object, a group whose religious observances traditionally have utilized such an object.
(c) In the case of an object of national or tribal patrimony, a group whose past or present government or traditional cultural organization was or is associated with the object.
3. "Group" includes American Indian tribes.
4. "Human remains" means any remains of a human being who died more than fifty years before the remains are discovered.
5. "Objects of national or tribal patrimony" means inalienable items of historical or cultural significance to tribal groups.
6. "Sacred ceremonial object" means an object traditionally utilized in religious observances.
7. "Tribe" means any federally recognized tribal government.
Sec. 6. Section 41-866, Arizona Revised Statutes, is amended to read:
41-866. Acquisition and preservation fund
A. An The acquisition and preservation fund is established consisting of monies received from fines and forfeitures of proceeds imposed pursuant to section 41‑865, subsections G and H and from grants and private donations.
B. The director of the Arizona state museum state historic preservation officer shall administer the fund. On notice from the director state historic preservation officer, 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. The director state historic preservation officer shall expend monies in the fund to defray the costs of the acquisition of real property that contains human remains and funerary objects and the costs of the removal, reburial, repatriation and preservation of human remains and funerary objects.
D. Monies in the fund are exempt from the provisions of section 35‑190, relating to lapsing of appropriations.
Sec. 7. Section 41-2052, Arizona Revised Statutes, is amended to read:
41-2052. Governor's office on tribal relations; state and local public officers and employees; powers; report
A. On request, state and local public officers and employees shall furnish the governor's office on tribal relations with any information that the office may require for its purposes except for information that is not subject to disclosure pursuant to law.
B. The office may:
1. Apply for, accept, receive and spend public and private gifts or grants of monies and property on the terms and conditions as may be imposed by the donor and for the implementation of internal operations and forums for American Indian people to impart their knowledge on statewide issues.
2. Accept, receive and spend fees collected at the Arizona Indian town hall to defer expenses for the Arizona Indian town hall.
3. Assist in evaluating, consolidating and coordinating activities relating to the education of American Indian students.
4. Serve as an informational clearinghouse and provide training on cross-cultural situations.
5. Receive annual notice from the director of the state museum state historic preservation officer on the discovery of American Indian human remains, funerary objects, sacred ceremonial objects or objects of cultural patrimony.
6. Promote increased participation by American Indians in local and state affairs.
7. Work in conjunction with state agencies involved in economic development to design and initiate programs to stimulate economic growth of the American Indian population, including minority-owned and women-owned businesses.
8. Establish an executive committee or other committees, as necessary.
C. The office shall prepare a report that summarizes each state agency's annual progress report submitted pursuant to section 41‑2051, subsection C and that details the progress and challenges that the state agencies have experienced in implementing tribal consultation policies and shall submit the report to the legislature during a joint session held on Indian nations and tribes legislative day.
Sec. 8. Succession
A. As provided by this act, the state historic preservation officer succeeds to the authority, powers, duties and responsibilities of the director of the Arizona state museum.
B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the director of the Arizona state museum in existence before the effective date of this act.
C. Administrative rules and orders that were adopted by the director of the Arizona state museum continue in effect until superseded by administrative action by the state historic preservation officer.
D. Except as provided by this act, all administrative matters, contracts and judicial and quasi‑judicial actions, whether completed, pending or in process, of the director of the Arizona state museum on the effective date of this act are transferred to and retain the same status with the state historic preservation officer.
E. All permits and other indicia of qualification and authority that were issued by the director of the Arizona state museum retain their validity for the duration of their terms of validity as provided by law.
F. All records and data and investigative findings, all obligations and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the director of the Arizona state museum are transferred to the state historic preservation officer.
