A.R.S. tit. 41 ch. 5 — Arizona Revised Statutes Title 41 Chapter 5 — State Institutions And Related Programs Under Control Of Governor

41-901. Governor's authority The governor shall have charge and control of the Arizona pioneers' home, the state hospital for miners with disabilities, the state prison and prison farm and other state institutions the management of which is not otherwise provided by law. 41-902. Fiscal controls on institutions A. Compensation for officers and employees of state institutions under the control of the governor shall be fixed by the governor pursuant to section 38-611 unless otherwise provided by law. Employee compensation shall be included in the estimate of expenses submitted by the chief executive officer of the institution. B. Each chief executive officer shall furnish a semi-monthly payroll for the institution under his charge, showing the name, monthly salary and length of service of each officer and employee. The payroll shall be audited by the governor and a statement of the amount found due each employee shall be filed with the director of the department of administration who shall issue a separate warrant to each employee. C. A bond in an amount to be fixed by the governor shall be required from each official and employee having custody of funds or property belonging to the state. D. The remittance of money and other things of value received by the institution shall be governed by title 35, chapter 1 so far as applicable, and the proper executive officer of each institution shall in addition make a detailed statement showing the sources of such receipts to the governor. 41-903. Officers and employees; employment Subject to chapter 4, article 4 of this title, the chief executive officer of each institution under the control of the governor shall appoint assistants, clerks, guards and employees required to operate the institution, the number to be determined by the governor, except as otherwise provided by law. 41-904. Inspection of institutions; repairs and improvements A. The governor shall, without notice, visit each institution under his control at least once every four months, and inspect every part of the institution and all places, buildings and grounds belonging thereto or used in connection therewith. B. The governor shall have general charge of the erection of new buildings and of repairs and improvements of buildings, and improvement of grounds and other properties belonging to the institutions under his control, and may, in the name of the state, bring actions necessary to protect the interests of the state therein. 41-905. Credit transfers for intra-institutional sales A. When an institution maintained wholly by the state sells agricultural products, goods, wares or merchandise produced, manufactured or prepared by its inmates or wards to another institution for use therein or by the inmates or wards therein, the institution making the sale shall be reimbursed through a credit transfer for the cost, which shall not exceed the price in the open market of the products, goods, wares or merchandise. B. The superintendent or managing head of the institution making the sale shall prepare a claim against the purchasing institution, and the claim, when approved by the proper officer of the purchasing institution and by the governor, shall be presented to the department of administration and audited as other claims. If the department of administration finds the claim valid, it shall charge the amount thereof to the appropriate fund of the institution against which it is drawn, and shall credit the appropriate fund of the institution presenting the claim. 41-906. Return of alien and nonresident public charges A. The governor shall cooperate with the United States commissioner general of immigration and with boards or officials of foreign countries for the purpose of arranging and providing for the return to the foreign countries of alien public charges confined in the state hospital or in the industrial school, and of aliens discharged from the state prison. B. To facilitate the return of nonresident public charges confined in the state hospital, or in the state industrial school, the governor may enter into reciprocal agreements or arrangements with officers of other states for the mutual exchange of such public charges, and in pursuance thereof the governor may give written consent and approval of the return to the state of any resident of this state confined in a public institution of another state, corresponding to hospitals or asylums for the insane, or of a state institution for the reformation of delinquent minors. C. A person shall not be deemed a resident of this state for the purposes of this section unless he has resided continuously in the state for one year next preceding commitment to any of the institutions named in this section. D. The expenses incurred in returning aliens and nonresident public charges shall be paid by the state, but the expense of returning residents of this state to this state shall not be paid by this state. 41-921. Arizona pioneers' home; establishment; location A home for aged and infirm Arizona pioneers is established and shall be known as the "Arizona pioneers' home". For the purposes prescribed in section 25 of the enabling act, the pioneers' home shall be designated as the state hospital for miners with disabilities. The home shall be maintained at or near Prescott, Arizona. 41-922. Superintendent of home for pioneers; appointment; compensation A. The governor shall appoint a superintendent of the Arizona pioneers' home. B. The superintendent shall receive compensation as determined pursuant to section 38-611. 41-923. Admission to home; qualifications required; payment of costs; neglect or refusal to reimburse state A. A person of good character is eligible to be admitted to the Arizona pioneers' home who: 1. Is and has been for a period of five years prior to his application for admission a citizen or legal resident of the United States. 2. Has been a resident of this state for not less than fifty years. 3. Has reached the age of seventy or more years. 4. At the time of admission, is ambulatory, has proper bowel and bladder control and is able to bathe, clothe and feed himself without assistance. 5. At the time of admission, does not require care in a hospital or in a skilled care or intermediate care nursing home. B. An applicant for admission to the home shall submit to the superintendent a verified financial statement showing all assets and income, a social and health history and the results of a current medical examination on forms furnished or approved by the superintendent. C. The superintendent may admit a person to the home when a full examination and investigation reveal that the person possesses the qualifications prescribed by this section. D. A person admitted to the Arizona pioneers' home shall pay to this state, to the extent that he is financially able to do so, the cost incurred by this state for his care. The cost shall be paid monthly to the superintendent and shall not be in excess of the average monthly per capita cost of operating the home based on the average number of persons then residing at the home during the year. A person who neglects or refuses to reimburse this state as required under this subsection shall not be permitted to reside at the home during the continuance of this neglect or refusal to pay. This subsection applies only to those persons admitted to the home after August 11, 1970. E. In determining the cost to the person, the superintendent shall consider the same factors for each person and shall include all assets and income of the person including the fair market value of any asset owned by the person and disposed of during residency or within two years before admission to the home. The superintendent shall verify all applicant and resident financial information. 41-924. Duties of superintendent; approval of claims; disposition of monies collected A. The superintendent of the home shall, subject to the directions of the governor, be charged with the care, custody and management of the home. B. The superintendent shall admit persons to the home and shall see that persons admitted to the home are comfortably cared for, fed and provided necessary medications and furnished with necessary medical treatment in the most cost-effective manner determined by the superintendent. For the purposes of this subsection: 1. "Formulary" means a listing of drugs intended to include a large enough range of drugs to enable health practitioners to prescribe treatment that is medically appropriate. 2. "Necessary medical treatment" means procedures, treatment and medical equipment covered by a resident's medical insurance plan. 3. "Necessary medications" means medications that are prescribed by the resident's physician and that are on a formulary or are nonformulary prescriptions that are approved by the superintendent through a prior authorization process. C. The superintendent shall select a supplemental medical insurance plan for residents of the home. Residents of the home shall participate in the supplemental medical insurance plan selected by the superintendent. If a resident does not participate in the supplemental medical insurance plan selected by the superintendent, the resident assumes all financial and logistical responsibility for the resident's medical care. D. Claims for salaries and expenses authorized by this article shall be approved by the governor. E. The superintendent, on or before the tenth day of each month, shall deposit, pursuant to sections 35-146 and 35-147, all monies received under this article in the state general fund. 41-925. Voluntary deposit of private funds by resident with superintendent The superintendent is the only employee of the Arizona pioneers' home authorized to accept from residents of the home private funds of such residents for safekeeping, to be held in trust for such residents. Such funds shall be disbursed by the superintendent only upon instruction of the residents or by order of a court of competent jurisdiction. 41-926. Arizona pioneers' home fund; collections; disbursements A. The Arizona pioneers' home fund is established consisting of monies, grants, gifts and contributions donated to the Arizona pioneers' home and proceeds deposited pursuant to section 41-927. The fund shall be divided into a special donations account and a cemetery proceeds account. B. The superintendent of the Arizona pioneers' home shall administer the fund. Monies in the cemetery proceeds account are continuously appropriated. The monies in the Arizona pioneers' home fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. The superintendent or the superintendent's designee may receive donations from the public for the Arizona pioneers' home. The donations shall be deposited, pursuant to sections 35-146 and 35-147, in the special donations account and are subject to state auditing procedures. The donations shall be used in accordance with the requests of the donor for activities or purchases that benefit the residents or the home, or for staff education or recognition or any other such purpose approved by the superintendent. The donations will be disbursed by the superintendent only for these purposes or at the specific request of the donor. D. Monies in the cemetery proceeds account shall be used for the statutorily prescribed purposes of the Arizona pioneers' home and for the Arizona pioneers' home cemetery. 41-927. Arizona pioneers' home cemetery; management; exemption A. The superintendent of the home shall manage the state sovereign land described as follows: Yavapai county parcel number 115-09-98A; section 29, township 14 north, range 2 west of the Gila and Salt River base and meridian, Yavapai county, Arizona. B. The superintendent of the home: 1. Shall maintain the Arizona pioneers' home cemetery located on the land described in subsection A of this section. 2. May authorize burials in the Arizona pioneers' home cemetery located on the land described in subsection A of this section. 3. Shall not sell, exchange or barter the land described in subsection A of this section, with the exception of interment rights. The superintendent shall deposit, pursuant to sections 35-146 and 35-147, the proceeds from any sale of interment rights in the cemetery proceeds account established by section 41-926. 4. May lease portions of the land described in subsection A of this section. The superintendent shall deposit, pursuant to sections 35-146 and 35-147, the proceeds from any lease of this land in the cemetery proceeds account established by section 41-926. C. The superintendent of the home and the cemetery are exempt from the requirements of title 32, chapter 20. 41-941. Location; superintendent; claims A. There shall be a state hospital for miners with disabilities as a separate facility for the benefit of miners with disabilities at the Arizona pioneers' home at Prescott which shall be managed by the governor. B. The superintendent of the Arizona pioneers' home shall serve as superintendent of the miner's hospital and, subject to chapter 4, article 4 of this title, may appoint assistants and employees and prescribe their duties, subject to approval of the governor. C. Claims for salaries and expenses authorized by this article shall be presented and paid as other state claims. 41-942. Qualifications for admission to hospital; definitions A. A person, under the order of the governor, shall be admitted to the hospital for miners with disabilities who: 1. Has been a resident while in the occupation of mining in this state. 2. Is a citizen or legal resident of the United States. 3. Has reached the age of sixty years or more, and is financially unable to support himself, or has suffered incapacitating injuries arising from and in the course of mining. B. Based on available space and funding, the governor may approve a person for admission to the hospital for miners with disabilities who has not yet reached the age of sixty years but otherwise qualifies for admission under subsection A. C. For the purposes of this section: 1. "Claim" has the same meaning prescribed in section 27-301. 2. "Mine" has the same meaning prescribed in section 27-301. 3. "Mining": (a) Has the same meaning prescribed in section 27-301. (b) Does not include performing executive, administrative, support or clerical functions for the owner or operator of a mine, unless a person who performs executive, administrative, support or clerical functions for the owner or operator of the mine had significant environmental exposure to mining activities that could be detrimental to a person's health. (c) Does not include activities performed by an owner of a private mining claim who did not actually work the claim. 41-951. Qualification for pension; adjustment A. Every person who for a period of not less than six months was a member of and received an honorable discharge from the organization known as the Arizona Rangers, created by chapter 2 of title 46, Revised Statutes of Arizona, 1901, and amended by chapter 64 of the twenty-second legislative assembly of the territory of Arizona, 1903, and who has continuously resided in the territory and state of Arizona since the date of such honorable discharge, and has not been convicted of a felony, shall be entitled to a pension of six hundred fifty dollars per month as provided by this article, until death or removal from the state. B. The department of administration shall annually adjust the amount of pensions according to the annual changes in the GDP price deflator as defined in section 41-563. 41-952. Application Any person desiring to avail himself of the provisions of this article shall make application to the governor, under oath, in such form as the governor prescribes for such pension, and shall submit proof of his eligibility therefor. 41-953. Certificate of eligibility If the governor is satisfied from the proof furnished that the applicant is entitled to a pension, he shall issue to the applicant a pension certificate to that effect in a form to be approved by the attorney general and by the department of administration, setting forth the name and address of the pensioner, the date of his discharge, the date upon which payment of the pension shall begin, and such other items as the governor deems proper. The certificate shall be delivered to the pensioner, and the allowance thereunder certified to the department of administration. 41-954. Pension roll warrants The department of administration shall keep a rangers' pension roll on which shall be entered the names of all pensioners certified by the governor, the date of allowance of each pension, and all payments made thereunder. The department of administration shall draw a warrant each month in favor of each such pensioner and mail it to his last known address. 41-955. Pension not subject to process A. A pension allowed under this article shall not be subject to garnishment, attachment, judgment, execution or other legal process. B. A person to whom a pension is allowed shall not assign the pension, nor shall any officer or board upon which a duty is imposed with respect to the administration of this article recognize an assignment of such pension or pay any sum whatever which has been thus assigned or attempted to be assigned. 41-956. Surviving spouse's rights A. The surviving spouse of an Arizona ranger upon the death of the ranger and submission to the governor of an affidavit that the spouse was married to the ranger on or before July 1, 1945, and has been the spouse of the ranger continuously until the date of the ranger's death, is entitled to receive the monthly pension provided in this article. B. The pension received by the surviving spouse is payable until the date of the spouse's death and is subject to the same limitations provided in section 41-955. 41-981. Establishment of commission; members; terms A. An Arizona commission on the arts is established consisting of fifteen members appointed by the governor. Members shall be qualified primarily for their demonstrated ability, good judgment and wide experience in fields related to the arts and shall be selected so as to insure geographic representation to all areas of the state. B. Each member shall serve for a term of three years. Appointment to fill a vacancy resulting other than from expiration of term shall be for the unexpired term only. The governor shall designate a chairman and vice-chairman from the members of the commission to serve at the pleasure of the governor. The executive director is the chief executive officer of the commission. C. Members of the commission shall not receive compensation for their services. D. A member absent from three consecutive meetings of the commission without justifiable excuse constitutes an abandonment of the office and the governor shall appoint a person to fill the unexpired term. 41-982. Powers and duties A. The commission may: 1. With the consent of a majority of the commission, employ, subject to chapter 4, article 4 of this title, such personnel as may be required within the limits of funds available in the arts fund. The compensation for such personnel shall be as determined pursuant to section 38-611. 2. Hold hearings. 3. Enter into contracts, within the limits of funds available, with local and regional associations, individuals, organizations and institutions for any services which further the broad objectives of the commission's program. 4. Accept gifts, contributions and bequests of unrestricted funds for deposit in the arts fund or the arts trust fund from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the broad objectives of the commission's program. 5. Make agreements to carry out the purposes of this article. 6. Request cooperation from any state agency for the purposes of this article. B. The commission shall: 1. Stimulate and encourage throughout the state the study and presentation of the performing arts, fine arts, and public interest and participation therein. 2. Make such surveys of public and private institutions engaged within the state in artistic and cultural activities, as may be deemed advisable, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state. 3. Take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state's cultural resources. 4. Encourage and assist freedom of artistic and scholarly expression essential for the well-being of the arts. 5. Formulate policies and adopt rules and regulations which are consistent with the purposes of this article. 41-983. 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. 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. 41-983.01. Arizona arts trust fund A. There is established the Arizona arts trust fund. The trust fund shall be administered by the Arizona commission on the arts and shall consist of revenues derived from filing fees collected pursuant to section 10-122. The commission shall deposit, pursuant to sections 35-146 and 35-147, such revenues into the trust fund at least quarterly. B. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the trust fund. Monies in the fund shall not revert to the state general fund. C. Expenditures from the trust fund for grants under the Arizona arts program shall be authorized by a majority vote of the commission. All other expenditures may be authorized by the chairman of the commission. Expenditures shall be made upon warrants drawn by the department of administration. 41-983.02. Arizona arts program A. There is established an Arizona arts program to be administered by the Arizona commission on the arts. The purpose of the program shall be to advance and to foster the arts in Arizona through grants from the Arizona arts trust fund. B. The commission shall establish rules for the administration of the program including grant applications and criteria to be utilized when evaluating applications. Such criteria shall include but shall not be limited to artistic quality, creativity, potential public exposure and public benefit, and the ability of the recipient to properly administer funds granted. The commission shall further establish criteria to assure all of the following: 1. A portion of the funds is granted to organizations representing persons with disabilities. 2. A portion of the funds is granted to artists who are members of racial or ethnic minorities. 3. A portion of the funds is granted to organizations representing rural areas. 4. Recipient arts organizations include on their governing boards members of racial or ethnic minorities. C. All grants shall be authorized by a majority vote of the members of the commission. D. Each grant recipient shall submit a detailed report at least annually to the commission outlining the uses and expenditure of any funds granted from the Arizona arts trust fund. Recipients shall agree to any auditing requirements relating to the use of grant funds as set forth by the commission. 41-984. Annual report The Arizona commission on the arts shall prepare and submit an annual report to the governor and the legislature including a detailed accounting of the expenditures and grants from the arts fund and the Arizona arts trust fund no later than December 31 of each year. 41-986. Arizona arts endowment fund A. The Arizona arts endowment fund is established consisting of monies appropriated annually to the fund. B. The Arizona commission on the arts shall administer the fund. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313. Monies earned from investment: 1. Shall be credited to the fund. 2. Are a continuing appropriation to the commission. C. The commission may not spend any monies in the fund except monies earned from investment of fund monies. D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. The commission may enter into contracts with private charitable, nonprofit organizations that qualify for tax exemption under section 501(c)(3) of the United States internal revenue code to administer monies that are donated by the organization for use in conjunction with monies from the Arizona arts endowment fund. The commission shall adopt rules regarding matching private monies with monies from the Arizona arts endowment fund in a manner consistent with the intent of the fund. F. The commission shall include in its annual report an accounting of the private monies that are donated for use in conjunction with the monies from the Arizona arts endowment fund. G. Notwithstanding any law to the contrary, no monies from the Arizona arts endowment fund 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. 41-987. State poet laureate; appointment; term; duties; nomination committee A. The office of state poet laureate is established under the Arizona commission on the arts. B. The governor, based on a ranked list of three nominees provided by the state poet laureate nomination committee, shall appoint one person to serve as the state poet laureate. The governor shall have sixty days from receipt of the nominee list to make the selection. Each nominee shall have been a resident of this state for at least two years as of the date of nomination, reside in this state for at least six months of the year, be a poet of stature recognized in the literary, cultural, education or academic communities and have a significant prior record of high quality, published or documented work or service through the literary arts. Nominees must be willing and able to travel throughout this state. C. The state poet laureate serves a two year term to begin and end on the third Monday in January of the corresponding year. The state poet laureate may not serve more than three terms. D. The duties of the state poet laureate include: 1. The offering of at least four public readings each year during the appointment term, in both urban and rural communities, visiting the various regions of this state at least once during the appointment term. 2. The pursuit of a major literary project over the course of the appointment term, agreed on between the state poet laureate and the commission. These projects shall place an emphasis on outreach to residents who might not otherwise be exposed to quality poetry. 3. The pursuit of other projects related to poetry and the literary arts, including collaboration with the poet laureate of the United States, other state poets laureate or other artists, that the state poet laureate and the commission may find beneficial. E. The state poet laureate nomination committee is established consisting of at least four and not more than seven members who are appointed by the commission. The members shall represent different geographic regions of this state and may include any of the following: 1. Professional poets. 2. Writers from other literary disciplines. 3. Creative writing and literature professors and teachers. 4. Board members and directors of literary organizations. 5. Literary critics. 6. Others deemed by the commission to have significant expertise in contemporary American literature. 7. Members of the public. F. The commission shall establish a process to solicit applications and nominations from any of the following: 1. University and college literature, creative writing and English departments. 2. Literary organizations and societies. 3. Book publishers and editors. 4. Directors of poetry reading series. 5. Charter, private and public schools. 6. Booksellers specializing in poetry. 7. The commission's grantee database, mailing lists and social media efforts. 8. Members of the public. 41-988. State poet laureate fund The state poet laureate fund is established consisting of gifts, grants and donations. The commission shall administer the fund. Monies in the fund are continuously appropriated. The commission shall pay the costs and expenses of the state poet laureate established by section 41-987 from the monies available in the fund.