Arizona 2023 Regular Session

Arizona House Bill HB2545 Compare Versions

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1-Senate Engrossed House Bill legislators; unpaid leave of absence (now: public health emergency; sovereignty; limitations) State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HOUSE BILL 2545 An Act amending title 26, chapter 2, article 1, Arizona Revised Statutes, by adding sections 26-322 and 26-323; relating to public health emergencies. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+House Engrossed legislators; unpaid leave of absence State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HOUSE BILL 2545 An Act amending title 41, chapter 7, article 1, Arizona Revised Statutes, by adding section 41-1108; relating to the legislature. (TEXT OF BILL BEGINS ON NEXT PAGE)
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10-(now: public health emergency; sovereignty; limitations) State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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5549 An Act
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59-amending title 26, chapter 2, article 1, Arizona Revised Statutes, by adding sections 26-322 and 26-323; relating to public health emergencies.
53+amending title 41, chapter 7, article 1, Arizona Revised Statutes, by adding section 41-1108; relating to the legislature.
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69- Be it enacted by the Legislature of the State of Arizona: Section 1. Title 26, chapter 2, article 1, Arizona Revised Statutes, is amended by adding sections 26-322 and 26-323, to read: START_STATUTE26-322. Public health emergencies; international governmental organizations; prohibition; definition A. Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with a public health emergency order based on an agreement or recommendations from an international governmental organization unless the order has been ratified as a treaty by the United States senate, affirmed by a vote of the United States congress and signed into law. B. For the purposes of this section, "international governmental organization": 1. Means an organization with a membership of countries that determine the way the organization operates, votes and manages funding. 2. Includes any agency or bureaucratic subdivision associated with the parent organization. END_STATUTE START_STATUTE26-323. Public health emergencies; governor's emergency proclamation authority; restrictions; definition A. Notwithstanding any other law, the governor may proclaim a public health emergency for not more than seven days based on hazardous public health conditions. The governor may proclaim an emergency lasting longer than seven days only on a two-thirds vote of each house of the state legislature. The governor may not impose any policy or use a public health emergency to require lockdowns or mandate business closures. B. Subsection A of this section does not apply to a lockdown prohibition in the case of a biological or chemical weapons attack carried out against this state or a political subdivision of this state or a natural disaster that results in significant adverse public health effects due to toxic contamination, the proliferation of raw sewage or other severe disaster-related health impacts. These exceptions are limited only to the precise area of impact and may last not longer than seven days. After seven days, continued use of this temporary authority requires a two-thirds vote of each house of the state legislature to reissue. Criminal penalties may not be implemented by this state or county officials against individuals or citizens who violate this prohibition. C. After seven days, if the governor wishes to extend the duration of a proclaimed public health emergency pursuant to subsection A of this section, the governor may do so only on a two-thirds vote of each house of the state legislature, with the extension lasting for a period of seven days. The state legislature's approval is required for each subsequent seven-day extension. D. If the Governor does not file a request with the state legislature to extend a proclaimed public health emergency for an additional seven-day period, the emergency is assumed, for purposes of this section, to be ended. The governor's request for a seven-day extension of an emergency proclamation must be provided to the state legislature at least three days before the end of the current emergency proclamation. E. If the legislature does not extend the proclaimed public health emergency, the governor may not proclaim a new public health emergency arising out of the same conditions for which the terminated public health emergency was proclaimed. F. For the purposes of this section, "emergency" means an urgent, sudden and serious event or an unforeseen change in circumstances that both: 1. Necessitates immediate action to remedy harm or avert imminent danger to life, health or property. 2. May involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to address the event would likely result in immediate and irrevocable harm to the citizens or the environment of this state. END_STATUTE Sec. 2. Severability If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Sec. 3. Short title This act may be cited as the "Preventing International Influence on Public Health Emergencies Act of 2023".
63+ Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 41-1108, to read: START_STATUTE41-1108. Elected members of the house of representatives and senate; employment; unpaid leave; applicability A. An employer shall allow an employee to take an unpaid leave of absence when the employee serves as an elected member in the senate or the house of representatives and the legislature is in session or the elected member is required to perform administrative duties as required by the legislature. B. An employer may not terminate an employee on the sole basis that the employee submits documentation to the secretary of state's office indicating an intent to run for the senate or the house of representatives. C. If an employee meets the requirement in subsection A of this section, The employer may not: 1. Require the employee to use annual, vacation or sick leave. 2. Penalize the employee. 3. Remove the employee's seniority. 4. demote the employee. 5. Terminate the employee. D. This section does not apply to any of the following employers: 1. A nonprofit organization. 2. A lobbying firm that employs one or more Registered lobbyists. 3. This state, any political subdivision of this state or a federal governmental entity. 4. Any business that employs fewer than twenty employees. END_STATUTE Sec. 2. Short title This act may be cited as the "Blue Collar Legislator Act".
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7165 Be it enacted by the Legislature of the State of Arizona:
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73-Section 1. Title 26, chapter 2, article 1, Arizona Revised Statutes, is amended by adding sections 26-322 and 26-323, to read:
67+Section 1. Title 41, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 41-1108, to read:
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75-START_STATUTE26-322. Public health emergencies; international governmental organizations; prohibition; definition
69+START_STATUTE41-1108. Elected members of the house of representatives and senate; employment; unpaid leave; applicability
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77-A. Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with a public health emergency order based on an agreement or recommendations from an international governmental organization unless the order has been ratified as a treaty by the United States senate, affirmed by a vote of the United States congress and signed into law.
71+A. An employer shall allow an employee to take an unpaid leave of absence when the employee serves as an elected member in the senate or the house of representatives and the legislature is in session or the elected member is required to perform administrative duties as required by the legislature.
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79-B. For the purposes of this section, "international governmental organization":
73+B. An employer may not terminate an employee on the sole basis that the employee submits documentation to the secretary of state's office indicating an intent to run for the senate or the house of representatives.
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81-1. Means an organization with a membership of countries that determine the way the organization operates, votes and manages funding.
75+C. If an employee meets the requirement in subsection A of this section, The employer may not:
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83-2. Includes any agency or bureaucratic subdivision associated with the parent organization. END_STATUTE
77+1. Require the employee to use annual, vacation or sick leave.
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85-START_STATUTE26-323. Public health emergencies; governor's emergency proclamation authority; restrictions; definition
79+2. Penalize the employee.
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87-A. Notwithstanding any other law, the governor may proclaim a public health emergency for not more than seven days based on hazardous public health conditions. The governor may proclaim an emergency lasting longer than seven days only on a two-thirds vote of each house of the state legislature. The governor may not impose any policy or use a public health emergency to require lockdowns or mandate business closures.
81+3. Remove the employee's seniority.
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89-B. Subsection A of this section does not apply to a lockdown prohibition in the case of a biological or chemical weapons attack carried out against this state or a political subdivision of this state or a natural disaster that results in significant adverse public health effects due to toxic contamination, the proliferation of raw sewage or other severe disaster-related health impacts. These exceptions are limited only to the precise area of impact and may last not longer than seven days. After seven days, continued use of this temporary authority requires a two-thirds vote of each house of the state legislature to reissue. Criminal penalties may not be implemented by this state or county officials against individuals or citizens who violate this prohibition.
83+4. demote the employee.
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91-C. After seven days, if the governor wishes to extend the duration of a proclaimed public health emergency pursuant to subsection A of this section, the governor may do so only on a two-thirds vote of each house of the state legislature, with the extension lasting for a period of seven days. The state legislature's approval is required for each subsequent seven-day extension.
85+5. Terminate the employee.
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93-D. If the Governor does not file a request with the state legislature to extend a proclaimed public health emergency for an additional seven-day period, the emergency is assumed, for purposes of this section, to be ended. The governor's request for a seven-day extension of an emergency proclamation must be provided to the state legislature at least three days before the end of the current emergency proclamation.
87+D. This section does not apply to any of the following employers:
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95-E. If the legislature does not extend the proclaimed public health emergency, the governor may not proclaim a new public health emergency arising out of the same conditions for which the terminated public health emergency was proclaimed.
89+1. A nonprofit organization.
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97-F. For the purposes of this section, "emergency" means an urgent, sudden and serious event or an unforeseen change in circumstances that both:
91+2. A lobbying firm that employs one or more Registered lobbyists.
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99-1. Necessitates immediate action to remedy harm or avert imminent danger to life, health or property.
93+3. This state, any political subdivision of this state or a federal governmental entity.
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101-2. May involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to address the event would likely result in immediate and irrevocable harm to the citizens or the environment of this state. END_STATUTE
95+4. Any business that employs fewer than twenty employees. END_STATUTE
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103-Sec. 2. Severability
97+Sec. 2. Short title
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105-If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
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107-Sec. 3. Short title
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109-This act may be cited as the "Preventing International Influence on Public Health Emergencies Act of 2023".
99+This act may be cited as the "Blue Collar Legislator Act".