Bill Text: AZ SB1415 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Mining and mineral museum; transfer
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-04-28 - Chapter 221 [SB1415 Detail]
Download: Arizona-2017-SB1415-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SENATE BILL 1415 |
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AN ACT
Amending Section 27‑106, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 8; Repealing section 27‑106, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 9; repealing section 27‑107, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 11; amending section 27-111, Arizona Revised Statutes; amending section 28‑2448, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 22; Repealing Section 28‑2448, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 23; repealing section 32‑2117, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 29; repealing section 33‑423, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 37; repealing section 41‑821, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 82; repealing section 41‑827, Arizona Revised Statutes, as added by Laws 2016, chapter 128, section 84; repealing section 41‑827.01, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 85; repealing Laws 2016, chapter 128, section 139; relating to the mining, mineral and natural resources educational museum.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 27-106, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 8, is amended to read:
27-106. Duties of Arizona geological survey; mining, mineral and natural resources educational museum
A. Under the operation, management and authority of the university of Arizona, the Arizona geological survey shall:
1. Map and describe the bedrock and related geologic materials and processes in this state, as follows:
(a) Prepare geologic maps that show the distribution of rock formations and surficial materials at the surface and in the subsurface.
(b) Describe the character of rock and surficial materials, including their age, origin and physical and chemical properties.
(c) Map, describe and monitor known and potential geologic hazards and limitations to land and resource management.
(d) Map and characterize energy and mineral resources and identify areas that may have potential for future discoveries.
2. Provide objective, scientific information about the geologic character of this state as follows:
(a) Provide timely, courteous responses to requests for information, advice and assistance from the public.
(b) Maintain a computerized bibliographic database of maps and reports on the geology of this state that is accessible to the public.
(c) Maintain an internet website that includes information about the Arizona geological survey, products and services available and the geologic character of this state.
(d) Give lectures and talks, conduct workshops, lead field trips and provide information and assistance to public, educational and professional groups.
(e) Publish reports and other information, written in nontechnical terms, to inform those who are not trained in geology about the geologic character of this state.
3. Prepare all data files of known areas of earth fissures, produce maps of those areas with overlays showing affected counties, cities, towns, highways and streets and transmit the maps in printed and electronic format to the state real estate department for purposes of providing public access to the earth fissure maps pursuant to this paragraph and section 32‑2117. The Arizona geological survey shall provide any map to any member of the public in printed or electronic format on request. The following notice shall be displayed below each map:
Notice
The state of Arizona has made a reasonable effort to ensure the accuracy of this map when it was produced, but errors may be present and the state of Arizona does not guarantee its accuracy. The map supplements, and is not a substitute for, a professional inspection of property for defects and conditions.
4. Operate and maintain a central repository and a computerized database for reports, books, maps and other publications regarding the geology, mining and mineral resources and associated technologies. Such repository and database shall be available for the use of the public and may be located at or connected with the university of Arizona or another state university or agency of this state. All databases and other archival materials shall be maintained in a secure and retrievable format and at a location prescribed by the state geologist to protect and preserve information from damage or destruction.
5. Utilize the services and expertise of the universities of this state at the discretion of the state geologist.
6. Cooperate with local, county, state and federal agencies.
7. Provide quality mining data, evaluation and assistance relating to mining and mineral development to the legislature, federal, state and local governmental agencies and the public.
8. Serve as a source of mining information and data necessary or advisable to attain its objectives. The Arizona board of regents may establish reasonable fees for publications and other services of the Arizona geological survey.
9. Cooperate with the Arizona corporation commission in its investigations and administration of laws, relating to the sale of mining securities.
B. In coordination with the mining, mineral and natural resources educational museum advisory council established by section 27‑111, the university of Arizona geological survey shall operate and maintain a mining, mineral and natural resources educational museum as the state depository for collecting, cataloging and displaying mining, mineral and natural resources artifacts and specimens. In connection with the mining, mineral and natural resources educational museum, the state geologist university of Arizona may:
1. Promote the recognition and celebration of the historical, cultural, economic and social contributions to this state made by the mining, mineral and natural resources industries in this state, including the livestock and agricultural industries.
2. Apply for and accept grants, gifts, bequests of legacies of real or personal property, donations, including donations of time, services and materials, or any other contribution, financial or otherwise, for use in accordance with the direction of the donor or, in the absence of an express direction, as prescribed by the university of Arizona geological survey. Monies received pursuant to this paragraph shall be deposited in a separate mining, mineral and natural resources educational museum account in the geological survey fund established by section 27‑107 to be used exclusively for the maintenance, restoration and operations of the mining, mineral and natural resources educational museum.
3. Accept from the federal or state government, any local government or any of their agencies restricted and unrestricted monies made available to this state for the mining, mineral and natural resources educational museum.
4. Establish and collect entrance fees to the mining, mineral and natural resources educational museum.
5. Operate a retail gift shop, including the acquisition, purchase and resale of mining, mineral and natural resources specimens and related items.
6. Employ a curator for the mining, mineral and natural resources educational museum who possesses knowledge or experience in natural resources and operating a museum.
7. Operate educational programming for the mining, mineral and natural resources educational museum.
8. Accept the services of volunteers and provide oversight for their activities.
9. Pay the necessary maintenance and operation expenses of the mining, mineral and natural resources educational museum.
C. The university of Arizona geological survey:
1. With Under the approval advisement of the mining, mineral and natural resources educational museum advisory council, shall adopt a collections management policy that is consistent with national standards and best practices for museums in the United States established by a national association of museums.
2. Shall maintain the items, artifacts and other inventory received for display or storage, including equipment and outdoor displays.
3. In coordination with the mining, mineral and natural resources educational museum advisory council and pursuant to the standards and best practices adopted pursuant to paragraph 1 of this subsection, may sell or otherwise dispose of materials received for the mining, mineral and natural resources educational museum.
4. Shall operate, manage and maintain the mining, mineral and natural resources educational museum at the location where it is housed on the effective date of this amendment to this section consistent with this article.
Sec. 2. Repeal
Section 27-106, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 9 and section 27-107, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 11, are repealed.
Sec. 3. Section 27-111, Arizona Revised Statutes, is amended to read:
27-111. Mining, mineral and natural resources educational museum advisory council; membership; duties; terms; compensation
A. The mining, mineral and natural resources educational museum advisory council is established consisting of the following members who, except for the members designated pursuant to paragraphs 1, 9, and 10 and 11 of this subsection, are appointed by the governor:
1. The state geologist or the state geologist's designee.
2. One member representing the livestock industry.
3. Two members representing the mining industry.
4. One member representing the agriculture industry.
5. One member representing the tourism industry.
6. One member representing the timber industry.
7. One member who is knowledgeable in gems and minerals.
8. Two members representing the public.
9. One member of the house of representatives who is appointed by the speaker of the house of representatives.
10. One member of the senate who is appointed by the president of the senate.
11. One member who is knowledgeable in museum operations and management who is appointed by the president of the university of Arizona.
B. The advisory council shall:
1. Select a chairperson and vice-chairperson from among its members.
2. Hold regular meetings and additional meetings at the call of the chairperson or a majority of its members.
3. Provide oversight and advice to the state geologist university of Arizona regarding the mining, mineral and natural resources educational museum and assist in promoting the mission of the museum. The state geologist university of Arizona shall accept the recommendations of the advisory council if the state geologist finds them to be practicable and in the best interest of the mining, mineral and natural resources educational museum.
4. Establish a subcommittee to provide assistance and advice in the areas of educational programming, the hiring and retention of a curator and oversight of mineral collections. The advisory council may establish subcommittees to act in an advisory capacity on other matters relevant to the mining, mineral and natural resources educational museum and the advisory council's duties.
C. The initial members appointed pursuant to subsection A, paragraphs 2, 3, 4, 5, 6 and 7 of this section shall assign themselves by lot to three, four and five year terms of office. All subsequent members serve four‑year terms of office. A member may continue to serve until the member's successor is appointed and assumes office.
D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.
Sec. 4. Section 28-2448, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 22, is amended to read:
28-2448. Arizona centennial special plates; fund
A. The department shall issue Arizona centennial special plates. The department shall use thirty‑two thousand dollars from the state highway fund, established by section 28‑6991, to implement this section. The office of tourism shall design the Arizona centennial special plates. The design and color of the Arizona centennial special plates are subject to the approval of the department. The director of the department of transportation may allow a request for Arizona centennial special plates to be combined with a request for personalized special plates. If the director of the department of transportation allows such a combination, the request shall be in a form prescribed by the director of the department of transportation and is subject to the fees for the personalized special plates in addition to the fees required for the Arizona centennial special plates.
B. Of the twenty‑five dollar fee required by section 28‑2402 for the original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.
C. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and all donations collected pursuant to this section in the Arizona centennial special plate fund established by this section.
D. The Arizona centennial special plate fund is established consisting of monies deposited pursuant to this section. The director shall administer the fund. The first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28‑6991. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.
E. The director shall annually allocate monies in the fund to the university of Arizona geological survey to pay costs related to the maintenance and operations of the mining, mineral and natural resources educational museum.
F. 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.
Sec. 5. Repeals
The following are repealed:
1. Section 28-2448, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 23.
2. Section 32‑2117, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 29.
3. Section 33‑423, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 37.
4. Section 41‑821, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 82.
5. Section 41‑827, Arizona Revised Statutes, as added by Laws 2016, chapter 128, section 84.
6. Section 41‑827.01, Arizona Revised Statutes, as amended by Laws 2016, chapter 128, section 85.
7. Laws 2016, chapter 128, section 139.
Sec. 6. Department of administration; conveyance of real property housing the mining, mineral and natural resources educational museum to university of Arizona; continued operation, management and maintenance
Notwithstanding section 37‑803, subsection B, paragraph 1, Arizona Revised Statutes, the department of administration shall convey title and fee ownership of the real property and improvements on the real property currently housing the mining, mineral and natural resources educational museum to the university of Arizona for nominal consideration on or before July 1, 2017. The university of Arizona shall operate, manage and maintain the mining, mineral and natural resources educational museum at the location consistent with title 27, chapter 1, article 1, Arizona Revised Statutes.
Sec. 7. Retroactivity
This act applies retroactively to from and after March 31, 2017.
