Bill Text: AZ SB1418 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered


Bill Title: Fees; notice; posting; state museum

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-05-11 - Chapter 166 [SB1418 Detail]

Download: Arizona-2016-SB1418-Chaptered.html

 

 

 

House Engrossed Senate Bill

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

 

CHAPTER 166

 

SENATE BILL 1418

 

 

AN ACT

 

amending sections 15‑1631 and 41-1013, Arizona Revised Statutes; relating to the arizona board of regents.

 

 

(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 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. END_STATUTE

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.

Sec. 2.  Section 41-1013, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1013.  Register

A.  The secretary of state shall publish the register at least once each month, including the information which that is provided under subsection B of this section and which that is filed with the secretary of state during the preceding thirty days.  The secretary of state shall publish an index to the register at least twice each year.

B.  The register shall contain:

1.  A schedule of the time, date and place of all hearings on proposed repeals, makings or amendments of rules.

2.  Each governor's executive order.

3.  Each governor's proclamation of general applicability and each statement filed by the governor in granting a commutation, pardon or reprieve or stay or suspension of execution where a sentence of death is imposed.

4.  A summary of each attorney general's opinion.

5.  Each governor's appointment of state officials and board and commission members.

6.  A table of contents.

7.  The notice and agency summary of each docket opening.

8.  The full text and accompanying preamble of each proposed rule.

9.  The full text and accompanying preamble of each final rule.

10.  The full text and accompanying preamble of each emergency rule.

11.  Supplemental notices of a proposed rule.

12.  Proposed and final notices of expedited rule making rulemaking and notices that an objection was received regarding a proposed expedited rule making rulemaking.

13.  A summary of council action on each rule.

14.  The full text of any exempt final rule filed with the secretary of state pursuant to section 41‑1005, subsection C.

15.  The notice and a summary of substantive policy statements and notice and a summary of any guidance document publication or revision submitted by an agency.  The notice for a substantive policy statement shall contain the website address where the full text of the document is available, if practicable.

16.  Notices of oral proceedings, public workshops or other meetings on an open rule making rulemaking docket.

17.  A proposal to increase fees for services performed by the state museum pursuant to section 15‑1631.

C.  The register shall be available by subscription and for single copy single-copy purchase.  The charge for each register or periodic subscription shall be a reasonable charge, not to exceed all costs of production and distribution of the register.

D.  For purposes of this section, full text publication in the register includes all new, amended or added language and such existing language as that the proposing agency deems necessary for a proper understanding of the proposed rule.  Rules that are undergoing extensive revision may be reprinted in whole.  Existing rule language that is not required for understanding shall be omitted and marked "no change". END_STATUTE

Sec. 3.  Arizona board of regents; report; delayed repeal

A.  Not later than twelve months after the effective date of this act, the Arizona board of regents shall submit a report to the governor, the president of the senate and the speaker of the house of representatives that summarizes the progress achieved by the Arizona board of regents in the implementation of this act.  The Arizona board of regents shall submit a copy of this report to the secretary of state.

B.  This section is repealed from and after December 31, 2017.


 

 

 

 

APPROVED BY THE GOVERNOR MAY 11, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 11, 2016.

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