ARIZONA STATE SENATE
Phoenix, Arizona
FACT SHEET FOR S.B. 1049
justice and police courts; records
Purpose
Permits
justice and municipal courts to destroy court records deemed of no historical
significance by a blanket waiver from the Director of the Arizona State
Library, Archives and Public Records (ASLAPR).
Background
Court rule mandates that the
Director of ASLAPR receives prior notification of records designated for
destruction, allowing at least 20 days for ASLAPR to review records for
historical significance. Following the
designated time period, a court may legally destroy the remaining
documents. Although paper versions of
records may be discarded, the courts maintain an electronic database of all
documents.
Justice courts, municipal
courts and ASLAPR have jointly established retention and disposition schedules
for court records. Schedules specify
the duration of time a series of records must be retained, varying by record
type. ASLAPR, however, recognizes that
some records, such as parking violations and traffic tickets, are likely to be
historically insignificant, and therefore inspection is unnecessary. S.B. 1049 provides the courts with the
authority to destroy designated records without prior notice to ASLAPR.
No fiscal impact
to the state general fund is anticipated.
Provisions
1.
Allows justice and municipal courts to legally destroy
designated court records without first notifying ASLAPR if the Director has
previously approved the destruction of records or has indicated by a blanket
waiver that the records are not of any historical significance.
2.
Provides for a general effective date.
Prepared by Senate
Staff
January 18, 2002