Arizona 2022 Regular Session

Arizona Senate Bill SB1191 Compare Versions

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1-Senate Engrossed civil actions; virtual court appearance (now: union labor; prohibition; prevailing wage) State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SENATE BILL 1191 An Act amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.02; amending section 34-321, Arizona Revised Statutes; relating to labor. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: civil actions; virtual court appearance State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1191 Introduced by Senator Petersen AN ACT amending title 12, chapter 1, article 2, Arizona Revised Statutes, by adding section 12-137; amending section 22-206, Arizona Revised Statutes; relating to virtual court appearances. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9-Senate Engrossed civil actions; virtual court appearance
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58-amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.02; amending section 34-321, Arizona Revised Statutes; relating to labor.
56+amending title 12, chapter 1, article 2, Arizona Revised Statutes, by adding section 12-137; amending section 22-206, Arizona Revised Statutes; relating to virtual court appearances.
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68- Be it enacted by the Legislature of the State of Arizona: Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read: START_STATUTE9-461.18. Union labor; prohibition a municipality may not require the use of or the preference for union labor as a condition for approving a zoning permit, zoning variance, rezoning application, general plan amendment or other permit or land use requirement. END_STATUTE Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.02, to read: START_STATUTE11-820.02. Union labor; prohibition a county may not require the use of or the preference for union labor as a condition for approving a zoning permit, zoning variance, rezoning application, general plan amendment or other permit or land use requirement. END_STATUTE Sec. 3. Section 34-321, Arizona Revised Statutes, is amended to read: START_STATUTE34-321. Public policy; prevailing wage contracts; prohibited agreements; definitions A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state, shall not by regulation, or ordinance or in any other manner, shall not require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than at least the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located. C. Agencies and political subdivisions of this state shall not require in any public works contracts that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract: 1. Negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization. 2. Enter into a neutrality agreement with any labor organization. 3. Participate in or contribute to an apprenticeship program that is registered with the United States department of labor. 4. Provide a wage or salary amount that is different than what the agency or political subdivision requires for other contracts or industries operating in the jurisdiction or on behalf of the agency or political subdivision. 5. demonstrate the existence of a labor management agreement, employee grievance policy or procedure or similar management practice, including a harmony or labor peace agreement. 6. demonstrate labor organization status. D. Subsection C of this section does not: 1. Prohibit private parties from entering into individual collective bargaining relationships. 2. Regulate or interfere with activity protected by law, including the national labor relations act. E. For the purposes of this section: 1. "Agency" has the same meaning prescribed in section 41-1001. 2. "Neutrality agreement" includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal labor law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law. 3. "Political subdivision" means a city, charter city, town, county, school district, community college district, multi-county water conservation district, industrial development authority or special taxing district established pursuant to title 48 that is primarily supported by taxes. 4. "Project labor agreement" means any prehire, collective bargaining, model construction or similar type of agreement entered into with one or more labor organizations, employees or employee representatives that establishes the terms and conditions of employment on a construction project. 5. "Public works contract" means a contract to which this state or a political subdivision of this state is a party involving and that involves the employment of laborers, workmen workers or mechanics in the construction, alteration or repair of public buildings or improvements. END_STATUTE
66+ Be it enacted by the Legislature of the State of Arizona: Section 1. Title 12, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 12-137, to read: START_STATUTE12-137. Virtual court appearance; civil actions Notwithstanding any other law, In all proceedings related to a civil action before the court, any party, including an attorney or witness on written notice to the court, shall be allowed to participate in the proceeding remotely by using a telephone or video conference connection. END_STATUTE Sec. 2. Section 22-206, Arizona Revised Statutes, is amended to read: START_STATUTE22-206. Virtual court appearance; civil actions Notwithstanding any other law, in a special detainer or forcible detainer any proceeding related to a civil action before the court, any party, including an attorney or witness upon on written notice to the court, shall be permitted allowed to participate at in the initial appearance proceeding remotely by using a telephone or video conference connection. If the court continues a contested matter to a later date, at the discretion of the court, the court may require all parties, attorneys and witnesses to participate in person. END_STATUTE
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72-Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.18, to read:
70+Section 1. Title 12, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 12-137, to read:
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74-START_STATUTE9-461.18. Union labor; prohibition
72+START_STATUTE12-137. Virtual court appearance; civil actions
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76-a municipality may not require the use of or the preference for union labor as a condition for approving a zoning permit, zoning variance, rezoning application, general plan amendment or other permit or land use requirement. END_STATUTE
74+Notwithstanding any other law, In all proceedings related to a civil action before the court, any party, including an attorney or witness on written notice to the court, shall be allowed to participate in the proceeding remotely by using a telephone or video conference connection. END_STATUTE
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78-Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.02, to read:
76+Sec. 2. Section 22-206, Arizona Revised Statutes, is amended to read:
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80-START_STATUTE11-820.02. Union labor; prohibition
78+START_STATUTE22-206. Virtual court appearance; civil actions
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82-a county may not require the use of or the preference for union labor as a condition for approving a zoning permit, zoning variance, rezoning application, general plan amendment or other permit or land use requirement. END_STATUTE
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84-Sec. 3. Section 34-321, Arizona Revised Statutes, is amended to read:
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86-START_STATUTE34-321. Public policy; prevailing wage contracts; prohibited agreements; definitions
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88-A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern.
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90-B. Agencies and political subdivisions of this state, shall not by regulation, or ordinance or in any other manner, shall not require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than at least the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located.
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92-C. Agencies and political subdivisions of this state shall not require in any public works contracts that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract:
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94-1. Negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization.
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98-3. Participate in or contribute to an apprenticeship program that is registered with the United States department of labor.
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100-4. Provide a wage or salary amount that is different than what the agency or political subdivision requires for other contracts or industries operating in the jurisdiction or on behalf of the agency or political subdivision.
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102-5. demonstrate the existence of a labor management agreement, employee grievance policy or procedure or similar management practice, including a harmony or labor peace agreement.
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106-D. Subsection C of this section does not:
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108-1. Prohibit private parties from entering into individual collective bargaining relationships.
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110-2. Regulate or interfere with activity protected by law, including the national labor relations act.
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112-E. For the purposes of this section:
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114-1. "Agency" has the same meaning prescribed in section 41-1001.
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116-2. "Neutrality agreement" includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal labor law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law.
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118-3. "Political subdivision" means a city, charter city, town, county, school district, community college district, multi-county water conservation district, industrial development authority or special taxing district established pursuant to title 48 that is primarily supported by taxes.
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120-4. "Project labor agreement" means any prehire, collective bargaining, model construction or similar type of agreement entered into with one or more labor organizations, employees or employee representatives that establishes the terms and conditions of employment on a construction project.
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122-5. "Public works contract" means a contract to which this state or a political subdivision of this state is a party involving and that involves the employment of laborers, workmen workers or mechanics in the construction, alteration or repair of public buildings or improvements. END_STATUTE
80+Notwithstanding any other law, in a special detainer or forcible detainer any proceeding related to a civil action before the court, any party, including an attorney or witness upon on written notice to the court, shall be permitted allowed to participate at in the initial appearance proceeding remotely by using a telephone or video conference connection. If the court continues a contested matter to a later date, at the discretion of the court, the court may require all parties, attorneys and witnesses to participate in person. END_STATUTE