Assigned to NRAE                                                                                                                      FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2128

 

Arizona register of heritage agriculture

 

Purpose

 

Establishes the Arizona Register of Heritage Agriculture.

 

Background

 

            The Historical Advisory Commission (Commission) was established to advise the Legislature and state agencies on matters relating to historic preservation and consists of not less than ten and no more than 20 members.  Members are appointed by the Director of the Department of Library, Archives and Public Records and must be experts in the field of historic preservation in the disciplines of history, architecture and archaeology, professional librarians and archivists or persons otherwise associated with the interpretation, research, writing, preservation or teaching of this State’s heritage.

 

            According to the Department of Library, Archives and Public Records, several states have passed legislation to honor historic agriculture property, including Delaware, Connecticut, California and Kentucky.  H.B. 2128 establishes the Arizona Register of Heritage Agriculture (Register) and authorizes the Historical Advisory Commission to administer the Register.  Additionally, it specifies the necessary qualifications for listing on the Register.      

 

            There is no anticipated fiscal impact to the state general fund relating to the provisions of this bill.

 

Provisions

 

Arizona Register of Heritage Agriculture

 

1.      Establishes the Arizona Register of Heritage Agriculture to honor and recognize historic agricultural properties.

 

2.      Requires that the property be comprised of ten acres, owned by the same family and in continuous commercial agricultural production for at least 50 years.  Allows periods of inactivity for specific reasons.

 

3.      Stipulates that the property must include at least one house, barn, crib, silo, fence, shed, granary or windmill that is at least 25 years old.

 


The Historical Advisory Commission

 

4.      Requires the Commission to establish an advisory group with experience in agriculture to assist in evaluating applications for the Register. 

 

5.      Requires the Commission to prescribe procedures for filing and evaluating the applications.

 

6.      Allows the Commission to establish categories of recognition for the Register. 

 

7.      Requires the Commission to set a nonrefundable application fee.

 

8.      Allows the Commission to request additional information to support submitted applications.

 

Listing on the Register

 

9.      Requires applicants to provide documentary evidence that the property meets the required qualifications.

 

10.  Requires the Commission to provide written notification of its decision on listing property on the Register.

 

11.  Specifies that qualified property owners will receive a certificate and the right to identify the property as Arizona Heritage Agriculture property using signs, monuments, plaques, letterhead and other identifiers.  The certificate is signed by the Secretary of State, the President of the Senate, the Speaker of the House of Representatives and the chairperson of the Commission.

 

12.  States that the designation of property as Arizona Heritage Agriculture property is an honorific recognition only and does not affect the property owner’s right to use, modify or alter the property.

 

13.  Stipulates that the designation of a property as an Arizona Heritage Agriculture property terminates if the property no longer meets the requirements.  Allows the Commission to require property owners to submit an annual affidavit to ensure that the property continues to qualify for listing on the Register.

 

Miscellaneous

 

14.  Makes using the heritage agriculture designation without permission from the Commission a class 3 misdemeanor.

 

15.  Provides for a general effective date.

 


House Action

 

NRA               2/6/02               DP       10-0-0-0

3rd Read           3/26/02                        47-11-2-0

 

 

Prepared by Senate Staff

April 8, 2002