HB 2209
Initials PB Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: COM DPA 10-0-0-0
HB 2209: industrial commission of Arizona; continuation
Sponsor: Representative Livingston, LD 28
House Engrossed
Overview
Adds certain responsibilities to the Industrial Commission of Arizona (ICA) relating to
violations and inspections. Continues the ICA for three years.
History
Industrial Commission of Arizona
Established in 1925, the ICA is a regulatory agency responsible for labor-related issues
regarding occupational safety and health, youth employment laws, resolution of wage related
disputes, minimum wage, vocational rehabilitation, and workers’ compensation coverage.
The ICA is composed of five members who are appointed by the Governor and confirmed by
the Senate. The Director who oversees the daily operations and works with various agency
divisions is also appointed by the Governor and confirmed by the Senate. The ICA is a self-
supporting agency whose operations and other statutorily mandated functions are funded
through an annual assessment on workers' compensation premiums (Title 23, A.R.S.)
Sunset Review Process
The sunset review process provides a system for the Legislature to evaluate the need to
continue the existence of state agencies which are reviewed by a legislative committee of
reference (COR). The COR is required to hold a public hearing, receive testimony from agency
officials and the public and consider the agency's responses to the statutorily-outlined sunset
factors in determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).
The House Commerce COR held a public meeting on January 16, 2024, and recommended
that the Legislature continue the ICA for three years. The ICA terminates on July 1, 2024,
unless continued by the Legislature (A.R.S. § 41-3024.20).
Provisions
1. Includes a requirement for the determinations, penalties and fines for labor violations to
be considered, authorized and determined by an affirmative vote of two-thirds of
commissioners present and voting. (Sec. 1)
2. Instructs the commissioners to consider whether a violation continues after the
employer's course of conduct has ceased. (Sec. 1)
3. Prohibits the Director from allowing any individual to accompany an inspector when
conducting inspections for the ICA unless the individual meets specified criteria. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2209
Initials PB Page 2 House Engrossed
4. Requires the Joint Legislative Audit Committee to review any Arizona Division of
Occupational Safety and Health state plan proposal or proposed adoption by the ICA prior
to the proposal or proposed adoption is submtited to the U.S. Occupational Safety and
Health Administration. (Sec. 2)
5. Continues, retroactive to July 1, 2024, the ICA for three years until July 1, 2027. (Sec. 3,
4, 7)
6. Repeals the ICA governing statutes on January 1, 2028. (Sec. 4)
7. Includes a purpose statement. (Sec. 5)
8. Adds a Legislative Intent clause. (Sec. 6)