LOLA Web Report


Employee Relations

49th Legislature - 2nd Regular Session, 2010	Saturday, Jul 31 2010 9:13 PM
Bill summaries and histories copyright 2010 Arizona Capitol Reports, L.L.C.

Employee Relations

H2032: TECH CORRECTION; UNEMPLOYMENT INSURANCE	Minor change in Title 23 (labor) related to unemployment insurance. Apparent striker bus.	First sponsor: Rep. Reagan	Single-List Comments: Monitor
H2036: TECH CORRECTION; UNEMPLOYMENT COMPENSATION WITHHOLDING	Minor change in Title 43 (taxation of income) related to amounts withheld for unemployment compensation. Apparent striker bus.	First sponsor: Rep. Nichols	Single-List Comments: Monitor
H2240: RECOVERY AUDITS	The Auditor General would have been required to contract with consultants to conduct a recovery audit of payments made by state agencies to vendors during the prior three years. The audit would have been designed to detect overpayments to vendors and to recommend improved state accounting operations. The subject of the audit would not have included any tax levied by the state or a political subdivision of the state. Emergency clause. GOVERNOR'S VETO MESSAGE said because it is the Executive's responsibility to ensure payments to vendors are proper, this bill is a preemption of executive authority by the Legislature. She said she supports the concerns underlying the bill and has directed the Dept of Administration to issue an RFP to have an audit recovery contract in place by Oct. 1, 2010.	First sponsor: Rep. Tobin	Single-List Comments: Support	5/11 VETOED message.
H2295: UNEMPLOYMENT INS; ELIGIBILITY; FULL-TIME STUDENTS	The Department of Economic Security cannot disqualify an individual from receiving unemployment insurance benefits on the basis of the individual attending school as a full-time student.	First sponsor: Rep. McGuire	Single-List Comments: Oppose	3/30 House COW approved.
H2317: LARGE EMPLOYERS; AHCCCS; REIMBURSEMENT	Employers with 180 or more employees in Arizona must reimburse AHCCCS for the cost of AHCCCS services given to any employee (part-time or full-time) of that company.	First sponsor: Rep. Patterson	Single-List Comments: Monitor	1/19 referred to House com, hel-hu ser.
H2318: LABOR; REST PERIODS; MEAL BREAKS	Employers must allow employees to take at least one 30 minute meal break during every continuous 8 hours of labor and at least one paid 10 minute rest period during every 4 hours of labor. Some exceptions.	First sponsor: Rep. Patterson	Single-List Comments: Monitor	1/19 referred to House com.
H2319: FAMILY LEAVE INSURANCE	The Department of Economic Security is required to establish and administer a family leave insurance program and pay family leave insurance benefits. Provides regulations for the family leave insurance program, including premiums, benefits, claims, and appeals. The program terminates July 1, 2020. Due to a potential increase in state revenue, this bill requires the affirmative vote of at least 2/3 of each house of the Legislature for passage.	First sponsor: Rep. Patterson	Single-List Comments: Monitor	1/19 referred to House com, appro.
H2322: UNEMPLOYMENT BENEFITS; DISQUALIFICATION	Deletes the disqualification for unemployment benefits where unemployment is due to a lockout.	First sponsor: Rep. Patterson	Single-List Comments: Oppose	1/21 referred to House pub-ret-ent, com.
H2384: IMMIGRATION LAWS; LOCAL LAW ENFORCEMENT	Municipalities and counties must not enact ordinances or adopt policies that prohibit the lawful enforcement of federal immigration laws. Municipal or county officials, agencies or personnel cannot be restricted from maintaining information on immigration status or exchanging that information with other governmental entities. County sheriffs and municipal police departments are required to implement a program to address violations of federal immigration law.	First sponsor: Rep. Boone	Single-List Comments: Monitor	3/8 House COW approved with floor amend #4568, a substitute for the rules tech amendment.
H2406: LIQUOR ESTABLISHMENTS; WEAPONS	Changes the posting requirements for signs prohibiting the possession of weapons in establishments with liquor licenses to within 20 feet of each register, at every entrance to the premises, and behind the bar if the establishment has a bar.	First sponsor: Rep. Antenori	Single-List Comments: Monitor	1/19 referred to House com, jud.
H2465: LIMITED LIABILITY; PHYSICIANS; EXAMINATIONS	Licensed medical physicians and osteopathic physicians owe no duty of care and are not liable for any civil or other damages for failing to diagnose, treat or identify a medical condition or failing to communicate the findings of an examination conducted for workers' compensation, preemployment, or in an action for damages under an insurance policy. Some exceptions.	First sponsor: Rep. McLain	Single-List Comments: Support	3/23 retained on House COW calendar.
H2492: EXPERT OPINION TESTIMONY; ADMISSIBILITY	Changes requirements that must be met to qualify persons as expert witnesses in a civil action. Also establishes factors to qualify expert opinion testimony in such cases as admissible. [Capitol Reports note: House staff says this bill changes the standard for expert testimony from the 'Frye' standard to the 'Daubert' standard.] AS PASSED HOUSE.	First sponsor: Rep. Tobin	Single-List Comments: Support	4/29 referred to Senate jud.
H2517: TECH CORRECTION; UNEMPLOYMENT COMPENSATION WITHHOLDING	Minor change in Title 43 (taxation of income) related to withholding by employer. Apparent striker bus.	First sponsor: Rep. Murphy	Single-List Comments: Monitor
H2541 (Chapter 197): MILITARY DUTY; UNEMPLOYMENT INSURANCE	Unemployment insurance benefits paid to an individual whose employment was terminated because the employer was called to active duty in the military or because a former employee returned to work after active duty cannot be used as a factor in determining the employer's future unemployment insurance contribution rate. AS SIGNED BY GOVERNOR.	First sponsor: Rep. Gowan	Single-List Comments: Monitor	4/28 signed by governor. Chap. 197, Laws 2010.
H2620: WITHHELD WAGES; WRITTEN AUTHORIZATION; REVOCATION	If an employee has given written authorization to his/her employer to withhold wages for a specific purpose, the employer must cease the withholding upon written revocation given by the employee, unless a court orders otherwise.	First sponsor: Rep. Kavanagh	Single-List Comments: Monitor	4/1 referred to Senate com-econ.
H2632: IMMIGRATION; LAW ENFORCEMENT; SAFE NEIGHBORHOODS	Various measures related to illegal aliens. No governmental entity in the state may adopt a policy that limits or restricts enforcement of federal immigration law to the full extent permitted. In all contact by government employees with a person where "reasonable suspicion" exists that the person is an illegal alien, the person's immigration status must be verified. A law enforcement officer is authorized to arrest, without warrant, any person the officer believes to be an illegal. A person commits the crime of trespassing (minimum class 1 [highest] misdemeanor) by being in the U.S. illegally. It is a class 1 misdemeanor to stop on a public roadway or for a person to enter a vehicle stopped on a public roadway for the purpose of securing employment to perform work at a different location if the vehicle blocks or impedes the flow of traffic. It is a class 1 misdemeanor for an illegal alien to knowingly apply for, solicit, or perform work as an employee or independent contractor. It is a class 1 misdemeanor to transport or conceal an illegal alien. It is also illegal to induce an illegal to reside in this state. Severability clause. More.	First sponsor: Rep. Gowan	Single-List Comments: Monitor	3/23 House COW approved with amend #4414 and floor amend #4769.
S1015: LIQUOR ESTABLISHMENTS; WEAPONS	Makes several changes in the state law prohibiting guns in bars only if the establishment specifically posts a notice that weapons are not allowed on its premises. The location of the notice is changed from adjacent to where the liquor license is posted to within 20 feet of each register where liquor is sold, at each entrance, or, if the establishment has a bar, to a location behind the bar. Conditions (for example, improper posting of the notice) which formerly had created the basis for an affirmative defense for a person charged with a weapons violation are changed to be exemptions to the prohibition and thus create no legal basis for prosecution.	First sponsor: Sen. Harper	Single-List Comments: Monitor	1/11 referred to Senate com-econ.
S1041: TECH CORRECTION; STATE BONDS	Minor change in Title 35 (public finances)related to tax anticipation bonds. Apparent striker bus.	First sponsor: Sen. Burns	General Comments (all lists): Support Striker Amendment Single-List Comments: Support Striker Amendment	4/28 retained on House COW calendar.
S1045 (Chapter 268): STATE COMP FUND; SUCCESSOR	The State Compensation Fund (a provider of workers' comp insurance in the state) terminates on July 1, 2012. A successor entity shall be established by Jan. 1, 2013, and shall operate as a mutual casualty insurer. Legislative Council is directed to prepare legislation to effect the changeover. AS SIGNED BY GOVERNOR.	First sponsor: Sen. Burns		5/7 signed by governor. Chap. 268, Laws 2010.
S1070 (Chapter 113): IMMIGRATION; LAW ENFORCEMENT; SAFE NEIGHBORHOODS	Various measures related to enforcement of immigration laws. No governmental entity or official may adopt a policy that limits or restricts enforcement of federal immigration law to the full extent permitted. Any Arizona resident may bring an action in superior court to challenge any jurisdiction that adopts a policy that restricts the enforcement of immigration laws. A jurisdiction found not in compliance shall pay a civil penalty of between $1000 and $5000 for each day the non-compliant policy remained in effect after the filing of the action. The court may award fees and attorney costs to the prevailing party. In all contact by an agent of law enforcement with a person who is reasonably suspected of being an illegal alien, a reasonable attempt must be made, when practicable, to determine the person's immigration status unless doing so would hinder or obstruct an investigation. A list of acceptable forms of ID is provided, including any non-Arizona governmental ID but only if proof of legal presence was required for issuance by the issuing authority. A person who is not lawfully present in this country commits the crime (minimum class 1 misdemeanor) of willful failure to complete or carry an alien registration document. The criminal classification increases to felony status if the person is connected with drug trafficking, is in possession of a deadly weapon or had been previously deported. A schedule of fines is implemented for violators. To enforce laws pertaining to illegal human smuggling, law enforcement is permitted to stop any vehicle on a "reasonable suspicion" the vehicle committed a violation of any civil traffic law. It is a class one (highest) misdemeanor to stop a vehicle on a public roadway or for a person to enter a vehicle stopped on a public roadway for the purpose of securing employment to perform work at a different location if the vehicle blocks or impedes the flow of traffic. It is a class one misdemeanor for a person who is in violation of a criminal offense to transport an illegal, conceal or harbor an illegal, or encourage or induce an alien to come to this state. Law enforcement is not required to secure a warrant to arrest an illegal alien. The state's employer sanctions law is modified to provide for an affirmative defense based on entrapment. Employers are required to maintain a record of verification or lawful presence for all employees for the longer of three years or the person's term of employment. A person who is furthering the illegal presence of an alien or who is concealing or harboring an illegal is subject to having his/her vehicle immobilized or impounded. More. [Capitol Reports note: significant changes to S1070 were made by Laws 2010, Chapter 211: H2162.] AS SIGNED BY GOVERNOR.	First sponsor: Sen. Pearce	Single-List Comments: NEUTRAL WITH AMENDMENT TO FIX EMPLOYER RELATED ISSUES	4/23 signed by governor. Chap. 113, Laws 2010.
S1189 (Chapter 302): ADMISSIBILITY OF OPINION TESTIMONY	Establishes requirements that must be met to qualify persons as expert witnesses in a civil or criminal action. Also establishes factors to qualify expert opinion testimony in such cases as admissible. [Capitol Reports note: Legislative staff says this bill changes the standard used to determine the eligibility of expert witness testimony from the Frye standard to the Daubert standard.] AS SIGNED BY GOVERNOR.	First sponsor: Sen. Leff	Single-List Comments: SUPPORT	5/10 signed by governor. Chap. 302, Laws 2010.
S1214: LIMITED LIABILITY; PHYSICIANS; EXAMINATION	A physician performing a periodic medical exam necessary to certify a person as eligible to receive continued workers' compensation benefits has no duty of care to the person examined and is not liable for failing to treat or identify any medical condition. The same protection is extended to physicians performing pre-employment exams or exams performed under contract with an insurance company to determine extent of injuries or a claim for medical expense reimbursement.	First sponsor: Sen. Pierce		3/9 from Senate rules okay.
S1242: EMPLOYER PROTECTIONS; LABOR RELATIONS	Unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity, and engaging in a secondary boycott (terms are defined) are illegal and are subject to fines. Injunctions against harassment may be filed against these activities, and any person conducting these activities is liable to any person injured by these activities for damages (including lost sales and profits), prejudgment interest, litigation costs, and reasonable attorney fees. The Secretary of State is directed to establish and semiannually publish a “no trespass public notice list” identifying employers in Arizona who have established private property rights to their establishment. AS PASSED SENATE.	First sponsor: Sen. Pearce	Single-List Comments: Monitor	4/15 from House rules with a technical amendment.
S1403: EMPLOYER SANCTIONS; SUBPOENAS	The county attorney is authorized to take evidence, administer oaths, issue subpoenas, and cause depositions to be taken to enforce the prohibition on employing unauthorized aliens. Sets forth provisions governing the issuance of a subpoena for this purpose. Proceedings held during the course of a confidential investigation are exempt from public meeting requirements.	First sponsor: Sen. Pearce	Single-List Comments: Monitor	2/4 referred to Senate com-econ.
SCR1042: WORKERS' COMP; PERSONAL INJURY DAMAGES	The 2010 general election ballot is to carry the question of whether to amend Article XVIII, Section 8, of the state Constitution related to workers' compensation. If an employee was injured on the job as a result of an employer's or another employee's willful disregard of the safety of employees and with the direct object of injuring an employee, the injured employee's right to workers' comp is supplemented not replaced by a right to sue the employer or other employee. The payer of worker's comp shall have a lien on the recovered damages to the extent of the amount previously paid the employee in workers'comp and medical benefits. The amendment also includes a definition of "with the direct object of injuring another."	First sponsor: Sen. McCune Davis	Single-List Comments: Oppose	2/1 referred to Senate com-econ.

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