HB4074 - 572R

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

Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.15, to read:

START_STATUTE9-462.15. Historic properties; improper demolition; civil penalties; enforcement; applicability; definitions

A. A person who knowingly or negligently conducts an improper demolition of a historic property is subject to a civil penalty of $5,000 for each improper demolition. A civil penalty imposed pursuant to this section is in addition to any other penalty, REMEDY or action that is authorized by municipal ordinance or state law.

B. Civil penalties that are collected pursuant to this section shall be deposited in the improper demolition fund established by section 41-511.04.

C. This section may be enforced by any of the following:

1. The municipality where the improper demolition occurred.

2. The Arizona state parks board.

3. The attorney general, on referral from the municipality where the improper demolition occurred or on referral from the Arizona state parks board.

D. This section applies in a municipality with a population of seventy-five thousand or more persons.

E. A person is not subject to a civil penalty pursuant to this section if a municipal official determined that the improper demolition was necessary due to an imminent threat to public health and safety and notice of the improper demolition was provided to the applicable historic preservation office as soon as practicable.

F. For the purposes of this section:

1. "historic property" means property that is:

(a) In an area that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10.

(b) In an area that is designated as historic on the national register of historic places.

(d) In an area that is designated as historic by a register of historic places in this state.

2. "Improper demolition" means the demolition, in whole or in substantial part, of a historic property without the approvals required by applicable historic preservation ordinances, rule or review process, including review and approval from an applicable historic preservation office, commission or board. END_STATUTE

Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.05, to read:

START_STATUTE11-820.05. Historic properties; improper demolition; civil penalties; enforcement; applicability; definitions

B. Civil penalties that are collected pursuant to this section shall be deposited in the improper demolition fund established by section 41-511.04.

C. This section may be enforced by any of the following:

1. The county where the improper demolition occurred.

2. The Arizona state parks board.

3. The attorney general, on referral from the county where the improper demolition occurred or on referral from the Arizona state parks board.

D. This section applies in a county with a population of seventy-five thousand or more persons.

E. A person is not subject to a civil penalty pursuant to this section if a county official determined that the improper demolition was necessary due to an imminent threat to public health and safety and notice of the improper demolition was provided to the applicable historic preservation office as soon as practicable.

F. For the purposes of this section:

1. "historic property" means property that is:

(a) In an area that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10.

(b) In an area that is designated as historic on the national register of historic places.

(d) In an area that is designated as historic by a register of historic places in this state.

Sec. 3. Section 41-511.04, Arizona Revised Statutes, is amended to read:

START_STATUTE41-511.04. Duties; board; partnership fund; improper demolition fund; state historic preservation officer; definition

A. The board shall:

1. Select areas of scenic beauty, natural features and historical properties now owned by the this state, except properties in the care and custody of other agencies by virtue of agreement with the this state or as established by law, for management, operation and further development as state parks and historical monuments.

2. Manage, develop and operate state parks, monuments or trails established or acquired pursuant to law, or previously granted to the state for park or recreation purposes, except those falling under the jurisdiction of other state agencies as established by law.

3. Investigate lands owned by the this state to determine, in cooperation with the agency that manages the land, which tracts should be set aside and dedicated for use as state parks, monuments or trails.

4. Investigate federally owned lands to determine, their desirability for use as state parks, monuments or trails and negotiate with the federal agency having jurisdiction over such lands for the transfer of title to the Arizona state parks board.

5. Investigate privately owned lands to determine their desirability as state parks, monuments or trails and negotiate with private owners for the transfer of title to the Arizona state parks board.

6. Enter into agreements with the United States, other states or local governmental units, private societies or persons for the development and protection of state parks, monuments and trails.

7. Plan, coordinate and administer a state historic preservation program, including the program established pursuant to the national historic preservation act of 1966, as amended.

8. Advise, assist and cooperate with federal and state agencies, political subdivisions of this state and other persons in identifying and preserving properties of historic or prehistoric significance.

9. Keep and administer an Arizona register of historic places composed of districts, sites, buildings, structures and objects significant in this state's history, architecture, archaeology, engineering and culture that meet criteria that the board establishes or that are listed on the national register of historic places. Entry on the register requires nomination by the state historic preservation officer and owner notification in accordance with rules that the board adopts.

10. Accept, on behalf of the state historic preservation officer, applications for classification as historic property received from the county assessor.

11. Adopt rules with regard to classification of historic property including:

(a) Minimum maintenance standards for the property.

(b) Requirements for documentation.

12. Monitor the performance of state agencies in the management of managing historic properties as provided in chapter 4.2 of this title.

13. Advise the governor on historic preservation matters.

14. Plan and administer a statewide parks and recreation program, including the programs established pursuant to the land and water conservation fund act of 1965 (P.L. 88-578; 78 Stat. 897).

15. Prepare, maintain and update a comprehensive plan for the development of to develop the outdoor recreation resources of this state.

16. Initiate and carry out studies to determine the recreational needs of this state and the counties, cities and towns.

17. Coordinate recreational plans and developments of federal, state, county, city, town and private agencies.

18. Receive applications for projects to be funded through the land and water conservation fund and the state lake improvement fund on behalf of the Arizona outdoor recreation coordinating commission.

19. Provide staff support to the Arizona outdoor recreation coordinating commission.

20. Maintain a statewide off-highway vehicle recreational plan. The plan shall be updated at least once every five years and shall be used by all participating agencies to guide distribution and expenditure of monies under section 28-1176. The plan shall be open to public input and shall include the priority recommendations for allocating available monies in the off-highway vehicle recreation fund established by section 28-1176.

21. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37-1302, subsection B.

B. Notwithstanding section 41-511.21, the board may annually collect and expend spend monies to plan and administer the land and water conservation fund program, in conjunction with other administrative tasks and recreation plans, as a surcharge to subgrantees in a proportionate amount, not to exceed ten percent, of the cost of each project. The surcharge monies shall be set aside to fund staff support for the land and water conservation fund program.

C. A The partnership fund is established consisting of monies received pursuant to subsection B of this section, monies received from intergovernmental agreements pursuant to title 11, chapter 7, article 3 and monies received pursuant to section 35-148. The board shall administer the fund monies as a continuing appropriation for the purposes provided in these sections.

D. The improper demolition fund is established consisting of monies deposited pursuant to sections 9-462.15 and 11-820.05. The board shall administer the fund. Monies in the fund are subject to legislative appropriation. Monies in the fund may be used for any of the following:

1. Historic preservation grants.

2. Technical assistance to municipal or county historic preservation programs.

3. Education, outreach and compliance assistance related to historic preservation.

D. E. The state historic preservation officer shall:

1. In cooperation with federal and state agencies, political subdivisions of this state and other persons, direct and conduct a comprehensive statewide survey of historic properties and historic private burial sites and historic private cemeteries and maintain inventories of historic properties and historic private burial sites and historic private cemeteries.

2. Identify and nominate eligible properties to the national register of historic places and the Arizona register of historic places and otherwise administer applications for listing historic properties on the national and state registers.

3. Administer grants-in-aid for historic preservation projects within this state.

4. Advise, assist and monitor, as appropriate, federal and state agencies and political subdivisions of this state in carrying out their historic preservation responsibilities and cooperate with federal and state agencies, political subdivisions of this state and other persons to ensure that historic properties and historic private burial sites and historic private cemeteries are taken into consideration at all levels of planning and development.

5. Develop and make available information concerning professional methods and techniques for the preservation of historic properties and historic private burial sites and historic private cemeteries.

6. Make recommendations on the certification, classification and eligibility of historic properties and historic private burial sites and historic private cemeteries for property tax and investment tax incentives.

E. F. The state historic preservation officer may:

1. Collect and receive information for historic private burial sites and historic private cemeteries from public and private sources and maintain a record of the existence and location of such burial sites and cemeteries located on private or public lands in this state.

2. Assist and advise the owners of the properties on which the historic private burial sites and historic private cemeteries are located regarding the availability of tax exemptions applicable for such property.

3. Make the records available to assist in locating the families of persons buried in the historic private burial sites and historic private cemeteries.

F. For the purposes of this section, "historic private burial sites and historic private cemeteries" means places where burials or interments of human remains first occurred more than fifty years ago, that are not available for burials or interments by the public and that are not regulated under title 32, chapter 20, article 6. END_STATUTE

Sec. 4. Legislative findings

The legislature finds and declares that:

1. Historic homes and districts contribute to the cultural, economic and architectural character of Arizona's communities and support neighborhood stability and long-term economic vitality.

2. Municipalities with established historic preservation processes rely on compliance with those processes to appropriately balance preservation, growth and redevelopment.

3. Unauthorized demolition of historic properties undermines locally adopted historic preservation ordinances and erodes public trust in land use and licensing systems.

4. The purpose of this act is not to restrict lawful development or alter local historic preservation standards, but to ensure that existing local approval processes are followed.

5. This act establishes a uniform statewide baseline consequence for the improper demolition of historic properties in municipalities with sufficient administrative capacity, while preserving local control over historic designation, review criteria and approval procedures.

6. The legislature intends the civil penalties assessed under this act be reinvested in historic preservation efforts statewide, including education, technical assistance and support for local historic preservation programs.

7. Nothing in this act is intended to do any of the following:

(a) Require a city or town to designate new historic properties or historic districts.

(b) Prevent demolition that is lawfully approved under applicable local processes.