Arizona 2022 Regular Session

Arizona Senate Bill SB1417 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: call center relocation; notice; penalty State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1417 Introduced by Senators Mendez: Gonzales, Tern; Representatives Andrade, Dalessandro, Hernandez M, Liguori, Salman AN ACT Amending Title 44, Arizona Revised Statutes, by adding Chapter 29; relating to business relocation. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: call center relocation; notice; penalty
10	10	State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
11	11	SB 1417
12	12	Introduced by Senators Mendez: Gonzales, Tern; Representatives Andrade, Dalessandro, Hernandez M, Liguori, Salman
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14	14	REFERENCE TITLE: call center relocation; notice; penalty
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24	24	State of Arizona
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38	38	SB 1417
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42	42	Introduced by
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44	44	Senators Mendez: Gonzales, Tern; Representatives Andrade, Dalessandro, Hernandez M, Liguori, Salman
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50	50	AN ACT
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54	54	Amending Title 44, Arizona Revised Statutes, by adding Chapter 29; relating to business relocation.
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60	60	(TEXT OF BILL BEGINS ON NEXT PAGE)
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64	64	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read: CHAPTER 29 CALL CENTER RELOCATION ARTICLE 1. GENERAL PROVISIONS START_STATUTE44-7201. Definitions In this chapter, unless the context otherwise requires: 1. "Agency" means a department or agency of the executive branch of state government. 2. "Employer" means a business entity that employs either of the following for the purpose of customer service or back office operations: (a) Fifty or more employees, excluding part-time employees. (b) Fifty or more employees who in the aggregate work at least one THOUSAND FIVE hundred hours per week, not including overtime hours. 3. "Part-time employee" means an employee who is employed for an average of fewer than twenty hours per week or who has been employed for fewer than six of the twelve months preceding the date on which notice is required. END_STATUTE START_STATUTE44-7202. Call center relocation; notification; civil penalty A. An employer that intends to relocate a call center from this state to another state or to a foreign country shall notify the director of the department of economic security of that intention at least one hundred twenty days before the relocation. For the purposes of this subsection, "call center" includes a call center or one or more facilities or operating units within a call center that comprise at least thirty percent of the call center's or operating unit's total volume when measured against the previous twelve month average call volume of operations or substantially similar operations. B. An employer that violates this section is subject to a civil penalty of not to exceed $10,000 for each day of the violation, except that the director of the industrial commission of Arizona may reduce the amount for just cause. END_STATUTE START_STATUTE44-7203. Semiannual employer list; distribution A. The director of the department of economic security shall compile a semiannual list of all employers that relocate a call center from this state to another state or to a foreign country. The list shall include the name of the employer and the date on which the call center was relocated. For the purposes of this subsection, "call center" includes a call center or one or more facilities or operating units within a call center that comprise at least forty percent of the call center's total volume of operations. B. The director of the department of economic security shall distribute the list required in this section to all agencies. END_STATUTE START_STATUTE44-7204. Ineligibility for grants and loans; remittance of monies; exceptions A. Except as provided in subsection B of this section and notwithstanding any other law, an employer that appears on the list prescribed by section 44-7203: 1. Is not eligible for any direct or indirect state grants or state guaranteed loans for five years after the date that the list is published. 2. Shall remit the unamortized value of any grant, guaranteed loans, tax benefits or other governmental support the employer has previously received to this state. 3. Shall pay the state all tax credits and subsidies that the employer has received. B. The Arizona commerce authority, in consultation with the appropriate agency providing a loan or grant, may waive the ineligibility or remittance requirement prescribed in subsection A of this section if the employer applying for the loan or grant demonstrates that a lack of the loan or grant would do any of the following: 1. Result in substantial job loss in this state. 2. Harm the environment. 3. Result in a significant economic impact to this state. END_STATUTE START_STATUTE44-7205. State business call centers; contractor requirements A. The director of each agency shall ensure that all call centers related to state business and all customer service work is performed by state contractors or their agents or subcontractors entirely within this state. B. A state contractor that performs call center or customer service work may not hire an individual to perform that work at a location outside of this state. C. State contractors that currently perform the work outside of this state shall comply with this section by November 1, 2023 except that beginning November 1, 2022 all new customer service employees hired by a contractor to perform work on the contracts shall immediately be employed within this state. END_STATUTE START_STATUTE44-7206. State benefits for workers This chapter does not allow the withholding or denial of payments, compensation or benefits under any other law to workers who are employed by employers that relocate to another state or to a foreign country. END_STATUTE Sec. 2. Effective date This act is effective from and after October 31, 2022. Sec. 3. Short title This act may be cited as the "Consumer Protection Call Center Act of 2022".
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66	66	Be it enacted by the Legislature of the State of Arizona:
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68	68	Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read:
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70	70	CHAPTER 29
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72	72	CALL CENTER RELOCATION
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74	74	ARTICLE 1. GENERAL PROVISIONS
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76	76	START_STATUTE44-7201. Definitions
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78	78	In this chapter, unless the context otherwise requires:
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80	80	1. "Agency" means a department or agency of the executive branch of state government.
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82	82	2. "Employer" means a business entity that employs either of the following for the purpose of customer service or back office operations:
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84	84	(a) Fifty or more employees, excluding part-time employees.
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86	86	(b) Fifty or more employees who in the aggregate work at least one THOUSAND FIVE hundred hours per week, not including overtime hours.
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88	88	3. "Part-time employee" means an employee who is employed for an average of fewer than twenty hours per week or who has been employed for fewer than six of the twelve months preceding the date on which notice is required. END_STATUTE
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90	90	START_STATUTE44-7202. Call center relocation; notification; civil penalty
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92	92	A. An employer that intends to relocate a call center from this state to another state or to a foreign country shall notify the director of the department of economic security of that intention at least one hundred twenty days before the relocation. For the purposes of this subsection, "call center" includes a call center or one or more facilities or operating units within a call center that comprise at least thirty percent of the call center's or operating unit's total volume when measured against the previous twelve month average call volume of operations or substantially similar operations.
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94	94	B. An employer that violates this section is subject to a civil penalty of not to exceed $10,000 for each day of the violation, except that the director of the industrial commission of Arizona may reduce the amount for just cause. END_STATUTE
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96	96	START_STATUTE44-7203. Semiannual employer list; distribution
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98	98	A. The director of the department of economic security shall compile a semiannual list of all employers that relocate a call center from this state to another state or to a foreign country. The list shall include the name of the employer and the date on which the call center was relocated. For the purposes of this subsection, "call center" includes a call center or one or more facilities or operating units within a call center that comprise at least forty percent of the call center's total volume of operations.
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100	100	B. The director of the department of economic security shall distribute the list required in this section to all agencies. END_STATUTE
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102	102	START_STATUTE44-7204. Ineligibility for grants and loans; remittance of monies; exceptions
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104	104	A. Except as provided in subsection B of this section and notwithstanding any other law, an employer that appears on the list prescribed by section 44-7203:
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106	106	1. Is not eligible for any direct or indirect state grants or state guaranteed loans for five years after the date that the list is published.
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108	108	2. Shall remit the unamortized value of any grant, guaranteed loans, tax benefits or other governmental support the employer has previously received to this state.
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110	110	3. Shall pay the state all tax credits and subsidies that the employer has received.
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112	112	B. The Arizona commerce authority, in consultation with the appropriate agency providing a loan or grant, may waive the ineligibility or remittance requirement prescribed in subsection A of this section if the employer applying for the loan or grant demonstrates that a lack of the loan or grant would do any of the following:
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114	114	1. Result in substantial job loss in this state.
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116	116	2. Harm the environment.
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118	118	3. Result in a significant economic impact to this state. END_STATUTE
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120	120	START_STATUTE44-7205. State business call centers; contractor requirements
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122	122	A. The director of each agency shall ensure that all call centers related to state business and all customer service work is performed by state contractors or their agents or subcontractors entirely within this state.
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124	124	B. A state contractor that performs call center or customer service work may not hire an individual to perform that work at a location outside of this state.
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126	126	C. State contractors that currently perform the work outside of this state shall comply with this section by November 1, 2023 except that beginning November 1, 2022 all new customer service employees hired by a contractor to perform work on the contracts shall immediately be employed within this state. END_STATUTE
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128	128	START_STATUTE44-7206. State benefits for workers
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130	130	This chapter does not allow the withholding or denial of payments, compensation or benefits under any other law to workers who are employed by employers that relocate to another state or to a foreign country. END_STATUTE
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132	132	Sec. 2. Effective date
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134	134	This act is effective from and after October 31, 2022.
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136	136	Sec. 3. Short title
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138	138	This act may be cited as the "Consumer Protection Call Center Act of 2022".