ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
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 prior approval from the Director of the Arizona State Library,
Archives and Public Records (ASLAPR).
Background
Court rule mandates that the
Director of ASLAPR must receive 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 destroy designated
court records if the Director of ASLAPR has previously approved of their
destruction.
2.
Provides for a general effective date.
Amendments
Adopted by Committee
·
Removes blanket waivers as a means by which the
Director of ASLAPR can designate historically insignificant records.
Senate Action
JUD 1/22/02 DPA 8-0-0-0
Prepared by Senate
Staff
January 23, 2002