HB2262 - 572R

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

Section 1. Section 17-252, Arizona Revised Statutes, is amended to read:

START_STATUTE17-252. Geospatial data and geographic information system services; wildlife species location information; disclosure or inspection; definitions

A. Geospatial data that the department receives, maintains, shares or stores is not subject to disclosure or inspection under title 39, chapter 1, article 2 if the department provides geospatial data to the public through geographic information system services.

B. Wildlife species location information is not subject to disclosure or inspection under title 39, chapter 1, article 2 for wildlife species location information on private property or when the department determines that disclosure or inspection of the information may cause harm to any wildlife species.

C. For the purposes of this section, "geospatial data" and "geographic information system" have the same meaning as meanings prescribed in section 37-171 27-101.END_STATUTE

Sec. 2. Section 27-101, Arizona Revised Statutes, is amended to read:

START_STATUTE27-101. Definitions

In this article, unless the context otherwise requires:

1. "Administrator" means the administrator of the division.

1. 2. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand.

3. "Geographic information system" means computer-based technologies for storing, manipulating and analyzing geospatial data.

4. "Geospatial data" means digital data using geographic or projected map coordinate values, identification codes and associated descriptive data to locate and describe boundaries or features on, above or below the surface of the earth or characteristics of the earth's inhabitants or its natural or human-constructed features.

2. 5. "Mineral resources":

(a) Means all metallic, nonmetallic and energy resources. , including

(b) includes aggregate, coal, oil, natural gas, geothermal resources, carbon dioxide and helium.

3. 6. "Minerals":

(a) Includes metals and metallic and nonmetallic minerals. , except

(b) does not include oil and gas.

7. "Public agency" means any agency or instrumentality of the United States, this state, another state, a regional council of governments in this state, an Indian tribe, nation, community or band, any political subdivision of this state or another state or any foreign country.

8. "Resource analysis division" or "division" means the resource analysis division of the Arizona geological survey.END_STATUTE

Sec. 3. Section 27-102, Arizona Revised Statutes, is amended to read:

START_STATUTE27-102. Arizona geological survey; state geologist; powers

A. The Arizona geological survey is established within the university of Arizona with offices located in proximity to the university of Arizona in Tucson. The state geologist shall administer the Arizona geological survey and shall serve at the pleasure of the Arizona board of regents. The state geologist shall be a graduate of an accredited institution and either registered as a geologist by the state board of technical registration or a trained geologist as defined in section 32-144 and shall be otherwise qualified by education and experience to direct the research and information functions of the Arizona geological survey. The state geologist shall collaborate with the state land department to fulfill the duties of the resource analysis division and advise the state land department on request.

B. The state geologist may:

1. Engage the services of faculty members or students and employees of the division, and shall have reasonable access to the data and other resources, of the state land department, the university of Arizona or and any other state university in this state to conduct or supervise research, experimentation or other related work of the Arizona geological survey.

2. Organize field expeditions to perform work for the Arizona geological survey using university students who are sufficiently advanced in their study of geology to be able to perform satisfactory work.

3. Establish and appoint an advisory board consisting of independent practicing geologists, university or college faculty, mining geologists and others who use and rely on data, information and other services of the Arizona geological survey.

4. Engage volunteer staff as necessary.

C. The expenses of the Arizona geological survey shall be paid by annual appropriation from the state general fund and as otherwise provided by this article. END_STATUTE

Sec. 4. Section 27-112, Arizona Revised Statutes, is amended to read:

START_STATUTE27-112. Mapping; inventory; aggregate resources

A. The Arizona geological survey shall establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in this state according to by county.

B. On request of the state mine inspector, the state geologist shall update the maps and inventories of the aggregate resources of this state and include areas of aggregate resources discovered since the previous publication.

C. On request of the state land commissioner, the state geologist shall update the maps and inventories of the aggregate resources located on lands under the jurisdiction of the state land department and include areas of aggregate resources discovered since the previous publication.END_STATUTE

Sec. 5. Section 27-113, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE27-113. Resource analysis division; administrator; employees; compensation; state cartographer

A. There the resource analysis division is established within the state land department the resource analysis division arizona geological survey.

B. The state land commissioner geologist shall appoint an administrator of the division.

C. The administrator shall be responsible for the administrative functions of the division.

D. The administrator may employ, with the approval of the commissioner state geologist, the employees necessary to carry out the provisions of this chapter the powers and duties of the division.

E. Compensation for the administrator and other employees of the division shall be established pursuant to by the Arizona board of regents and based on the salaries of EQUIVALENT EMPLOYEES who are subject to the PROVISIONS of section 38-611.

F. The office of state cartographer is established within the division. The commissioner state geologist is designated the state cartographer, but the commissioner state geologist may delegate the responsibilities and functions of the state cartographer under this chapter to an administrative officer of the division. END_STATUTE

Sec. 6. Title 27, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 27-117, to read:

START_STATUTE27-117. Disposition of division monies

Monies received by the division pursuant to this article, other than appropriations, shall be promptly deposited, pursuant to sections 35-146 and 35-147, by the administrator in the geological survey fund established by section 27-107. END_STATUTE

Sec. 7. Section 27-118, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE27-118. Arizona geographic information council

A. The Arizona geographic information council is established in the department Arizona geological SURVEY consisting of the following members who are appointed by the governor:

1. Eighteen members representing state agencies and instrumentalities.

2. Six members representing federal governmental agencies.

3. One member representing a statewide association of county governments.

4. One member representing a statewide association of municipal governments.

5. Six members representing geographic information systems consortia or local governments.

6. One member representing an Arizona Indian tribal nation.

7. One member representing a professional geospatial organization.

8. One member representing the private sector.

B. The governor shall appoint members of the council for staggered three year terms of office, but the governor may remove a member for cause. Vacancies shall be filled for an unexpired term in the same manner as original appointments. The council shall annually elect a chairperson, vice-chairperson vice chairperson and other officers it considers necessary.

C. Members of the council are not eligible to receive compensation, but, subject to the availability of monies, are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. The council shall:

1. Advise the Arizona state cartographer's office Arizona geological survey on matters related to geospatial data sharing and appropriate strategies to support a geospatial clearinghouse and statewide geographic information system.

2. Facilitate interagency coordination for the purpose of geospatial data sharing and supporting a geospatial clearinghouse, a statewide geographic information system and location-based services that enhance and support federal, state and local government business systems, including emergency preparedness and other disaster mitigation response systems.

3. Collect information on user requirements on matters related to geographic information systems, geospatial data, technologies, products, services, standards, programs and activities and prioritize those requirements to the Arizona state cartographer's office, the Arizona geological survey, the United States geological survey and other producers of geospatial data.

4. Serve as a forum to facilitate informational exchange between federal, state, tribal, regional and local governments, the private sector and professional associations.

5. Appoint technical committees as necessary. END_STATUTE

Sec. 8. Repeal; transfer of monies

A. The chapter heading of title 37, chapter 1.2, Arizona Revised Statutes, and the article heading of title 37, chapter 1.2, article 1, Arizona Revised Statutes, are repealed.

B. Sections 37-171 and 37-176, Arizona Revised Statutes, are repealed.

C. All unexpended and unencumbered monies remaining in the resource analysis division revolving fund established by section 37-176, Arizona Revised Statutes, as repealed by subsection B of this section, are transferred to the geological survey fund established by section 27-107, Arizona Revised Statutes, on the effective date of this section.

Sec. 9. Transfer and renumber

The following sections are transferred and renumbered for placement in title 27, chapter 1, article 1:

Former Sections New Sections

37-172................................... 27-113

37-173................................... 27-114

37-174................................... 27-115

37-175................................... 27-116

37-177................................... 27-118

37-178................................... 27-119

Sec. 10. Succession

A. As provided by this act, the resource analysis division of the Arizona geological survey succeeds to the authority, powers, duties and responsibilities of the resource analysis division of the state land department.

B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the resource analysis division of the state land department in existence before the effective date of this act.

C. Administrative rules and orders that were adopted by the resource analysis division of the state land department continue in effect until superseded by administrative action by the resource analysis division of the Arizona geological survey.

D. All administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the resource analysis division of the state land department on the effective date of this act are transferred to and retain the same status with the resource analysis division of the Arizona geological survey.

E. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the resource analysis division of the state land department retain their validity for the duration of their terms of validity as provided by law.

F. All equipment, records, furnishings and other property, all data and investigative findings, all obligations and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the resource analysis division of the state land department, are transferred to the resource analysis division of the Arizona geological survey.

G. All personnel who are under the state personnel system and employed by the resource analysis division of the state land department are transferred to comparable positions and pay classifications in the respective administrative units of the resource analysis division of the state land department on the effective date of this act.