Arizona 2023 2023 Regular Session

Arizona House Bill HCR2043 Comm Sub / Analysis

Filed 02/10/2023

                      	HCR 2043 
Initials PRB/HG 	Page 1 	Commerce 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
 
 
HCR2043: compensation; state preemption; limitation 
Sponsor: Representative Gress, LD 4 
Committee on Commerce 
Overview 
Subject to voter approval, constitutionally preempts the regulation of employee benefits.  
History 
Current statute specifies the regulation of employee benefits, including nonwage compensation, 
paid and unpaid leave and other absences, meal breaks and rest periods is of statewide concern 
and not subject to further regulation by a city, town or other political subdivision of this State. 
Nonwage compensation includes fringe benefits, welfare benefits, child or adult care plans, sick 
pay, vacation pay, severance pay, commissions, bonuses, retirement plan or pension 
contributions and other amounts promised to the employee that are more than the minimum 
compensation due an employee by reason of employment (A.R.S. § 23-204). 
Provisions 
1. Asserts the regulation of employee benefits, including wage and nonwage compensation, paid 
and unpaid leave and other absences, meal breaks and rest periods, is of statewide concern. 
2. Specifies the regulation of employee benefits is not subject to further regulation by a city, town 
or other political subdivision of the State.  
3. Adds that the preemption does not affect the authority of a city, town or county to set wages 
or benefits for municipal or county employees or limit a municipality's or county's authority to 
enter into contracts for personal services. 
4. Instructs the Secretary of State to submit this proposition to the voters at the next general 
election. 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note