Legislative Issues

Arizona Temporary Worker Program' Provisions

ATA: Bill Summaries

H2046: SPECIAL LICENSE PLATES; ARIZONA HIGHWAYS

The list of special vehicle license plates is expanded to include an Arizona Highways plate, designed by the Dept of Motor Vehicles. Of the $25 annual cost, $8 is an administration fee and $17 is deposited in the Arizona Highways Magazine Fund already in statute (ARS 28-7315). 

First sponsor: Rep. McClure

Single List Comments:

Note: The ATA Board of Directors on 01/17/2008 voted to support HB2046.

H2047: SEAT BELT LAW; PRIMARY ENFORCEMENT

Deletes language stating that a peace officer shall not stop a motorist for a suspected seat belt violation unless the officer has "reasonable cause" to believe another violation occurred. Effect is to allow law enforcement to make traffic stops based only on whether the officer feels vehicle occupants aren't wearing seat belts.

First sponsor: Rep. McClure

General Comments (all lists):

Organization should be aware of possibility that their employees could be stopped solely for seat belt violation if this bill passes.

H2063: EMPLOYER SANCTIONS; FEDERAL CITATION; CORRECTION

Corrects an incorrect citation to federal law in last year's employer sanctions bill (H2779: Fair and Legal Employment Act).  No apparent substantive change.  Emergency clause. AS PASSED HOUSE.

First sponsor: Rep. Pearce

H2149: STATE EMPLOYEE; PRECINCT COMMITTEEMAN (AIRLINE CUSTOMER ADVOCATE; PASSENGER RIGHTS)

The list of non-prohibited political activities state employees are permitted to participate in is expanded to include running for and serving as a precinct committeeman AS PASSED HOUSE.

First sponsor: Rep. Paton

General Comments (all lists):

ATA and TCVB are waiting for recommendation from airline industry 3.10-this bill is now being used as a striker for the Little Hatch Act Violations 3.31.08-As you will note, the airline customer bill of rights language was striken from this bill.

H2191: PROPERTY CLASSIFICATION; BED & BREAKFAST

For property tax purposes, the maximum number of sleeping rooms that a bed-and-breakfast establishment may have to keep a Class Four property tax classification is increased to six from four.  [Capitol Reports note: Class Four properties are assessed at 10% of their full cash value. B&Bs with more than the threshold number of sleeping rooms would be classified as Class One (commercial) and carry a higher assessment ratio.]

First sponsor: Rep. Crandall
Others: Rep. Prezelski

Single List Comments:

The ATA voted to support similar legislation in the 2007 regular session.

H2220: STATE EQUALIZATION PROPERTY TAX REPEAL

Makes permanent the 3 year suspension of the state equalization assistance property tax. [Capitol Reports note: the suspension is due to expire in 2009.] AS PASSED HOUSE.  

First sponsor: Rep. Jim Weiers

H2342: EMPLOYER SANCTIONS; INDEPENDENT CONTRACTORS

An independent contractor is not an employee for purposes of the employer sanctions statute.  Adds a definition of "independent contractor" to the definitions section of the employer sanctions statute. 

First sponsor: Rep. Konopnicki

General Comments (all lists):

3.31.08-The revisions to the employer sanctions legislation embodied in HB2342-HB2346 are contained in an amendment to SB1374; See SB1374.

H2343: EMPLOYER SANCTIONS; COMPLAINTS

Requires complaints of violations of the employer sanctions statute to be written, signed and certified and to contain identifying information of the complainant.  Prohibits the Attorney General from investigating a complaint that is based solely on religion, color, language, citizenship, nationality, ethnicity or gender.  Adds definitions of "false complain" and "frivolous complaint" to the definitions section of the employer sanctions statute. 

First sponsor: Rep. Konopnicki

H2344: EMPLOYER SANCTIONS; JUDICIAL FINDINGS

Makes several changes to the employer sanctions statute, including: changes the definition of "knowingly employ an unauthorized alien" for purposes of the employer sanctions statute to "hire, employ or recruit a person and have actual or constructive knowledge that the person is an unauthorized alien"; adds "pattern or practice" to the definitions section of the employer sanctions statute; limits the definition of "license" for purposes of the employer sanctions statute; requires the county attorney to establish beyond a reasonable doubt that an employer has intentionally employed an authorized alien (formerly, preponderance of the evidence); and requires a second violation to be based upon a judicial finding of a former violation (formerly, an action being brought).  More.   

First sponsor: Rep. Konopnicki

H2345: EMPLOYER SANCTIONS; ENFORCEMENT

Removes the authority of the attorney general to investigate violations of the employer sanctions statute and to notify the appropriate county attorney if a complaint is originally filed with the attorney general.  It is a class 3 misdemeanor (lowest) to knowingly file a false complaint or a frivolous complaint (formerly, the complaint had to be both false and frivolous).  Emergency clause.   

First sponsor: Rep. Konopnicki

H2346: EMPLOYER SANCTIONS; HIRING UNAUTHORIZED ALIENS

Makes it illegal to knowingly or intentionally hire (formerly, employ) an unauthorized alien, eliminating the retroactive effect of the employer sanctions statute. 

First sponsor: Rep. Konopnicki

H2447: SEAT BELT VIOLATIONS

The provision stating a peace officer cannot stop a vehicle and issue a citation for violating seat belt laws unless the officer has reasonable cause to believe there is another violation of motor vehicle law is deleted, making seat belt violations sufficient probable cause to make a stop.

First sponsor: Rep. Lopez

H2484: RESTAURANTS; ALTERNATIVE LIQUOR LICENSE

A new restaurant liquor category is invented -- the alternative restaurant license -- which allows a licensee to sell beer and wine in individual portions for consumption on premises with no provision for take-out of spirituous liquor. The Department of Liquor Licenses and Control is authorized to establish rules under which a licensee who holds a (regular) restaurant license may convert to an alternative restaurant license.

First sponsor: Rep. Jim Weiers

H2507: STATE TREASURER; ENDOWMENT INVESTMENTS

The state treasurer is authorized to invest state trust monies in long-term endowments in equity securities. Earnings, interest and losses shall be credited to each specific fund. The governing body of political subdivisions, public entities or Indian tribes may, by resolution, authorize the state treasurer to similarly invest their trust monies. The resolution shall be of continuing effect and shall state the terms of distributions. The members of the state Board of Investment serve as trustees for the endowment investments. AS PASSED HOUSE. 

First sponsor: Rep. Konopnicki

General Comments (all lists):

3.31.08-State Treasurer believes this will enable endowment funds that are potentionally raised to support AOT efforts to be invested with other state endowment funds by the state treasurer.

H2598: ECONOMIC RECAPTURE DISTRICTS; CAPITOL RESTORATION

Counties, municipalities, and the Board of Regents may establish an Economic Recapture District (ERD) for the purpose of making expenditures for facilities for tourism, entertainment, conventions, public safety, streets, utilities, and parks.  An ERD is a special taxing district that may issue bonds and must be formed by election.  For sales tax paid within an ERD, 15% of net new sales tax from the municipal and state shared revenue base amount is paid monthly to the newly established State Capitol Restoration Trust Fund to be used for restoring, renovating, and maintaining the state capitol building, and 85% is paid to the ERD.  The State Capitol and Economic Recapture Oversight Commission is established to review capital infrastructure improvement plans for the restoration and improvement of the state capitol building. 

First sponsor: Rep. Adams

Single List Comments:

Note: The ATA Board of Directors on 12/13/2007 voted to endorse the Recapture Legislation.

H2625: ILLEGAL ALIENS; COMMERCIAL TRANSACTIONS

The list of property subject to forfeiture is expanded to include property used to transport or house a person who is in the state in violation of federal immigration regulations (with exceptions).  A landlord who knowingly or recklessly rents or leases any dwelling in this state to an illegal alien is subject to a civil penalty of up to $250 for each day of violation.  The list of grounds for which the superintendent of financial instutitions may deny a license for a sales finance company are expanded to include a conviction in any state of a felony or misdemeanor involving money laundering, engaging in conduct that the applicant or licensee knew or had reason to know would be used to facilitate a crime, knowingly engaging in the sale of motor vehicles used to transport illegal aliens or illegal drugs, knowingly creating and/or placing false or non-existing liens on vehicles or knowingly altering sales contracts without a retail buyer's knowledge.   

First sponsor: Rep. Pearce

H2643: LIQUOR; RESTAURANT LICENSES; CONTINUED OPERATION

The sunset date of the program whereby the Dept of Liquor License and Control may annually approve up to 15 special liquor licenses for restaurants that do not meet the requirement that food sales account for at least 40% of gross revenues is extended five years to June 30, 2013, from June 30, 2008.

First sponsor: Rep. Crandall

H2791: TEMPORARY WORKER PROGRAM; PROVISIONS

An Arizona temporary worker program is established to provide foreign workers to employers in Arizona experiencing a labor shortage.  Employers must apply to the Industrial Commission to participate in the program.  Approved employers may recruit foreign workers and submit the worker’s information to the Commission for approval for the worker to obtain a temporary worker legal identification card, which is valid for 2 years.  Foreign workers are subject to background checks to obtain the identification card.  The Commission may charge fees for employer applications and for identification cards.  Enactment conditional on the federal government enacting legislation authorizing the state to implement a temporary worker program.

First sponsor: Rep. Konopnicki

General Comments (all lists):

2.15.08 As of today, the executive committee of ATA supports the enactment of this legislation

H2807: IMMIGRATION; LOCAL ENFORCEMENT

Law enforcement officers cannot be prohibited from sending, receiving or maintaining information regarding the immigration status of persons in order to: determine eligibility for welfare or other government "benefit" programs, verify legal residence or confirm identity of persons arrested. Local law enforcement agencies must implement a program to cross-train officers to address violations of federal immigration laws. AS PASSED HOUSE.  

First sponsor: Rep. Nelson

H2828: WORKERS' COMPENSATION; CLAIMS

Several changes to statutes related to worker's compensation claims, including prohibiting a claim from being reopened if the initial claim was denied, the determination was allowed to become final, and no exception applies excusing a late filing; requiring claims for temporary partial disability benefits to be filed within 2 years after the date the claimed entitlement accrused or after the date an award for benefits encompassing the entitlement period becomes final.  An intent section states that this legislation is “to only directly overrule the court decision in Gerhardt v. Industril Commission of Arizona.” but are not intended to overrule any other court decision.  AS PASSED HOUSE.

First sponsor: Rep. McComish

H2829: WORKERS' COMPENSATION; EMPLOYEE MISCONDUCT

A person receiving workers' comp benefits for partial disability and for whom employment would have been available but for the person's "misconduct" (defined) will have the amount of benefits reduced.  Similarly, if the person is found to be unable to return to or continue to work after the injury due to misconduct, the person's benefits may be reduced. Misconduct is defined to include: repeated absence from work without good cause, intoxication, failure to take or failure to pass a drug or alcohol test, dishonesty or material falsification.

First sponsor: Rep. McComish

H2857: FY 07-08 BUDGET ADJUSTMENTS

Various adjustments to budget line items, totaling $582.5 million in savings. Provisions include encumbering monies in various funds (preparatory to being swept into the general fund) and various amounts appropriated to state agencies may not be spent. Some appropriations are delayed, e.g., $10 million for construction of a veterans' home in Tucson is delayed fron fiscal '07 to fiscal '09. Also contains some supplemental appropriations, ncluding $13 million to AHCCCS. AS PASSED HOUSE.

First sponsor: Rep. Boone

H2863: ARIZONA TEMPORARY WORKER PROGRAM; PROVISIONS

Establishes a temporary worker program whereby employers may recruit foreign workers at a US consular office in Mexico. Employers must register with and be approved by the Industrial Commission. Workers selected must pass a background criminal check by DPS, which must maintain a database of approved foreign workers. Approved workers are not eligible for unemployment benefits and may not bring a family member into the US unless authorized by the federal government. Program sunsets 10 years after effective date of this act. Enactment conditional on the federal government authorizing the state to implement the program.

First sponsor: Rep. Konopnicki  

HCM2013: ARIZONA TEMPORARY WORKER PROGRAM; MEMORIAL

Urges Congress to authorize the state to implement a temporary worker program as described in H2863.

First sponsor: Rep. Konopnicki

HCR2064: LOCAL ENFORCEMENT; IMMIGRATION

The 2008 general election ballot shall carry the question of whether to amend statute to require all officials, agencies and personnel of counties and municipalities to comply with and support federal immigration laws. 

First sponsor: Rep. Nelson

S1002: PROPERTY TAX; EQUALIZATION TAX REPEAL

Makes permanent the 3 year suspension of the state equalization property tax. [Capitol Reports note: the suspension is due to expire in 2009. This tax is also called the county equalization assistance for education property tax]. 

First sponsor: Sen. Waring