House Engrossed

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

CHAPTER 266

HOUSE BILL 2265

 

AN ACT

 

Amending section 41‑983, Arizona Revised Statutes; repealing section 41‑3012.10, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding SECTION 41‑3022.10; relating to the arizona commission on the arts.

 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Section 41-983, Arizona Revised Statutes, is amended to read:

START_STATUTE41-983.  Acceptance of gifts; special fund; official agency

A.  The Arizona commission on the arts may accept and expend public and private grants of funds, gifts, contributions and legacies, and may accept, manage or dispose of property, to effectuate the purposes of this article. Such funds shall be deposited, pursuant to sections 35‑146 and 35‑147, in a special fund designated "the arts fund" and shall be expended upon warrants drawn by the department of administration upon order of the chairman of the commission.  Any unexpended funds shall not revert to the general fund at the close of the fiscal year.

B.  Notwithstanding any other law, no monies from the Arizona commission on the arts may be spent for payment to any person or entity for use in desecrating, casting contempt on, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor on religious objects, the flag of the United States or the flag of this state. The commission shall establish grant making guidelines and procedures which take into consideration general standards of decency and respect for the diverse beliefs and values of the American public.  Such guidelines and procedures shall clearly indicate that obscenity is without artistic merit and is not protected speech.  Projects, productions, workshops and programs that are determined to be obscene are prohibited from receiving financial assistance.  The disapproval or approval of grant application or financial support by the commission shall not be construed to mean and shall not be considered as evidence that a project, production, workshop or program is or is not obscene.

B.  C.  The commission shall be the official agency of the state to receive and disburse any funds made available by the national endowment on the arts. END_STATUTE

Sec. 2.  Repeal

Section 41-3012.10, Arizona Revised Statutes, is repealed.

Sec. 3.  Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3022.10, to read:

START_STATUTE41-3022.10.  Arizona commission on the arts; termination July 1, 2022

A.  The Arizona commission on the arts terminates on July 1, 2022.

B.  Title 41, chapter 5, article 6 is repealed on January 1, 2023. END_STATUTE

Sec. 4.  Purpose

Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona commission on the arts in order to stimulate and encourage the study and presentation of the arts and to encourage public interest and participation in the arts.

Sec. 5.  Retroactivity

Sections 2 and 3 of this act are effective retroactively to July 1, 2012.

 

 

APPROVED BY THE GOVERNOR APRIL 17, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2012.