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Arizona - SB1242 - employer protections; labor relations
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Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • BILL STATUS OVERVIEW 
    SB1242
    SPONSORS: PEARCE R P LEFF P GOWAN P
    ALLEN S C GOULD C HARPER C
    HUPPENTHAL C MELVIN C CRANDALL C
    KAVANAGH C MCCOMISH C MONTENEGRO C
    REAGAN C TOBIN C
    TITLE: employer protections; labor relations
    SENATE FIRST READ: 01/27/10
    SENATE SECOND READ: 01/28/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    01/28/10 CED 02/18/10 W/D
    Vote Detail 02/18/10 APPROP 03/08/10 (6-2-1-0) DPA
    01/28/10 RULES 03/22/10 PFCA
    MAJORITY CAUCUS: 03/23/10Y
    MINORITY CAUCUS: 03/23/10Y
    COW ACTION 1: DATE ACTION AYES NAYS NV EXC
    03/25/10 DPA 0 0 0 0
    AMENDMENTS
    APPROP (ref Bill) adopted
    RULES (ref APPROP) adopted
    THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE 2/3 VOTE RESULT
    Vote Detail 03/29/10 16 14 0 0 Y PASSED
    TRANSMIT TO HOUSE: 03/29/10
    HOUSE FIRST READ: 04/01/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    Vote Detail 04/01/10 COM 04/07/10 (4-3-0-1-0) DPA
    Vote Detail 04/01/10 RULES 04/15/10 (4-3-0-1-0) AMEND C&P
    HOUSE SECOND READ: 04/05/10
    MAJORITY CAUCUS 04/19/10Y
    MINORITY CAUCUS: 04/19/10Y
    FINAL DISPOSITION: Held in House
  • Summary/Fact Sheet Title
  • SENATE FACT SHEET: 2-5 ced

    Assigned to CED                                                                                                                              FOR COMMITTEE

     

     


     

     

    ARIZONA STATE SENATE

    Forty-ninth Legislature, Second Regular Session

     

    FACT SHEET FOR S.B. 1242

     

    employer protections; labor relations

     

    Purpose

     

               Outlines regulations regarding unlawful picketing, trespassory assembly and unlawful mass assembly and establishes a no trespass public notice list.

     

    Background

     

    Arizona is one of a number of states that has a “right-to-work” provision in its Constitution. Article XXV of the Constitution of Arizona states, “No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of nonmembership in a labor organization.” This provision, effective since 1946, prohibits unions from requiring employers to hire only union employees. Arizona statute restates verbatim this language.

     

    The National Labor Relations Act (NLRA) defines the right of most private sector employees, with specific exceptions, to organize and to bargain collectively with their employers through representatives of their own choosing, or not to do so. According to the National Labor Relations Board, which enforces the Act, NLRA permits, under certain conditions, a union and an employer to make a union-security agreement. Such an agreement requires employees to make certain payments to the union in order to retain their jobs, but cannot require employees to be union members. Under a union-security agreement, individuals choosing to be dues-paying nonmembers may be required to pay full initiation fees and dues that unions may expend only on activities related to collective bargaining, contract administration and grievance adjustment.

     

    In right-to-work states, unions cannot ask and employers cannot agree to enter into union-security agreements. Employees cannot be required to either join the union or pay the equivalent dues in order to remain employed. Employees who want to join can do so, with all the privileges of membership, such as participation in contract negotiations, ratification of the contract, voting on the decision to strike and voting for leadership. Nonmembers are generally denied those privileges, but are accorded any contractual benefits. In addition, the union has a duty to represent all employees fairly without regard to their membership status.

     

    There is no anticipated fiscal impact to the state General Fund as a result of this legislation.


    Provisions

     

    Unlawful Picketing, Trespassory Assembly and Unlawful Mass Assembly

     

    1.      Makes it unlawful for a labor organization to engage in picketing or to induce others to engage in picketing if the purpose is to coerce or induce an employer or self-employed person to join or contribute to a labor organization.

     

    2.      Prohibits a labor organization or group that acts on behalf of employees to engage in trespassory assembly.

     

    3.      Prohibits a person to:

    a)      hinder or prevent the pursuit of any lawful work or employment by mass assembly, unlawful threats or force.

    b)      obstruct or interfere with entrance to or egress from any place of employment, including by intentionally operating a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property.

    c)      obstruct or interfere with the free and uninterrupted use of public roads, streets, highways, railways, airports or other means of travel or conveyance.

    d)     use language or words threatening to do harm to a person or the person’s real or intangible property or designed to incite fear in any person attempting to enter or leave any property.

    e)      assemble other than in a reasonable and peaceful manner.

     

    4.      Stipulates that these regulations do not prohibit assembly to the extent that is authorized under the Arizona or federal Constitution or federal law.

     

    Defamation

     

    5.      Stipulates that a person commits defamation of an employer by doing all of the following:

    a) maliciously making a false statement about the employer to a third party without privilege;

    b) knowingly, recklessly or negligently disregarding the falsity of the statement; and

    c) causing damage to the employer by the false statement.

     

    6.      Allows an employer, against whom defamation is directed or who is injured by defamation, to obtain an injunctive relief.

     

    7.      Stipulates that the person who commits the defamation is liable to any person injured by the defamation for damages, prejudgment interest, attorney fees, the costs of litigation and punitive damages.  Stipulates that damages can include lost sales and business, lost profits and loss in value of the business.

     

    8.      Stipulates that a labor union or a subdivision or local chapter of a labor organization is bound by and liable for the acts of its agents.  Allows the labor union or organization to sue or be sued in its common name.

     


    No Trespass Public Notice List

     

    9.      Requires a county recorder to establish a no trespass public notice list identifying employers in the county who have established private property rights to their establishment and any related real property in the county.

     

    10.  Requires an employer to provide copies of appropriate documents that establish the employer’s private property rights, including the address and legal description of the property to which it has legal control, to the county recorder in order to be included on the no trespass list.

     

    11.  Requires the county recorder to list the employer and its address on the no trespass public notice list and maintain a copy of the documents for public inspection if an employer provides the documents needed to be on the list and pays the fee.

     

    12.  Requires, effective on January 15, 2011, the county recorder to do the following every January 15 and July 15:

    a) publish the no trespass public notice list at least one day a week for four consecutive weeks in a newspaper of general circulation in the county.  Stipulates that if there is no such newspaper, the list must be published in a newspaper of general circulation in an adjoining county.

    b) publish the list on the county recorder’s website and have the list accessible in the county recorder’s office.

    c) provide a copy of the list to every law enforcement agency in the county.

     

    13.  Prescribes that publication of the list establishes a presumption that all members of the public have notice of all employers and properties shown on the list.

     

    14.  Requires each law enforcement agency to maintain the most recent list received from the county recorder for its use in responding to complaints of unlawful picketing, trespassory assembly or unlawful mass assembly.

     

    15.  Allows a responding peace officer to require the employer to provide further documentation to establish the employer’s property rights before requiring any labor organization or individual or groups of individuals acting on employees’ behalf that are engaged in unlawful picketing, trespassory assembly or mass picketing to leave the employer’s property or cease from blocking ingress to or egress from the employer’s property if the property is identified on the list.

     

    16.  Prescribes that the list does not affect or limit any exiting property rights if a property is not included on the list.

     

    Penalties

     

    17.  Makes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott illegal.  Entitles a person against whom any of the activities is directed or who is injured by the activities to injunctive relief.

     

    18.  Stipulates that the person or persons calling or conducting the activities is liable for damages, prejudgment interest, litigation costs and reasonable attorney fees.  Stipulates that damages include lost sales and business, lost profits and loss in value of the business.

     

    19.  Prescribes that the person calling or conducting the unlawful activities is liable for punitive damages if the person acted in bad faith or disobeyed a court order, including an injunction.

     

    20.  Establishes that a person who unlawfully pickets, trespasses or participates in an unlawful mass assembly is guilty of a class 2 misdemeanor and requires that person to pay a fine of at least $200.

     

    21.  Establishes that a person who unlawfully pickets, trespasses or participates in an unlawful mass assembly at a property listed on the no trespass public notice list is guilty of a class 1 misdemeanor and requires that person to pay a fine of at least $200.

     

    Miscellaneous

     

    22.  Permits a court to issue a temporary restraining order or injunction for actions involving organized labor disputes that prohibits speech or other activities that are constitutionally protected or otherwise protected by law if unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott, defamation or any actual or threatened misrepresentation, fraud, duress, violence or breach of the peace occur.

     

    23.  Prohibits a person to declare or publicize the continued existence of actual or constructive picketing or assembly at a point or directed against a premises if a court of competent jurisdiction has enjoined the continuation of the picketing or assembly at that point or premises.

     

    24.  Prohibits an employer from withholding wages past the date specified by an employee in a written revocation of authorization, unless a court orders otherwise.

     

    25.  Expands the definition of harassment.

     

    26.  Defines concerted interference with lawful exercise of business activity, trespassory assembly, unlawful mass assembly and unlawful picketing.

     

    27.  Contains technical and conforming changes.

     

    28.  Becomes effective on the general effective date.

     

    Prepared by Senate Research

    February 5, 2010

    JT/ly



    View Complete TextSENATE FACT SHEET: 3/9_CAUCUS-FLOOR.DOC 
    HOUSE SUMMARY: 04/06/2010 COM 
    HOUSE SUMMARY: 04/07/2010 CaucusCOW 
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  • View Full Policy
  •  

     

     

    REFERENCE TITLE: employer protections; labor relations

     

     

     

     

    State of Arizona

    Senate

    Forty-ninth Legislature

    Second Regular Session

    2010

     

     

    SB 1242

     

    Introduced by

    Senators Pearce R, Leff; Representative Gowan: Senators Allen S, Gould, Harper, Huppenthal, Melvin; Representatives Crandall, Kavanagh, McComish, Montenegro, Reagan, Tobin

     

     

    AN ACT

     

    amending sections 12-1809, 12-1810, 23-352, 23-1321, 23-1322, 23-1323 and 23‑1324, Arizona Revised Statutes; amending title 23, chapter 8, article 2, Arizona Revised Statutes, by adding sections 23-1325, 23-1326, 23-1327, 23‑1328 and 23-1329; relating to labor relations.

     

     

    (TEXT OF BILL BEGINS ON NEXT PAGE)

     



    Be it enacted by the Legislature of the State of Arizona:

    Section 1.  Section 12-1809, Arizona Revised Statutes, is amended to read:

    START_STATUTE12-1809.  Injunction against harassment; petition; venue; fees; notices; enforcement; definition

    A.  A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment.  If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise.  The petition shall name the parent, guardian or custodian as the plaintiff, and the minor is a specifically designated person for the purposes of subsection F of this section.  If a person is either temporarily or permanently unable to request an injunction, a third party may request an injunction on behalf of the plaintiff.  After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff.  Notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an injunction against harassment.

    B.  An injunction against harassment shall not be granted:

    1.  Unless the party who requests the injunction files a written verified petition for injunction.

    2.  Against a person who is less than twelve years of age unless the injunction is granted by the juvenile division of the superior court.

    3.  Against more than one defendant.

    C.  The petition shall state all of the following:

    1.  The name of the plaintiff.  The plaintiff's address shall be disclosed to the court for purposes of service.  If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected.  On the plaintiff's request, the address shall not be listed on the petition.  Whether the court issues an injunction against harassment, the protected address shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.

    2.  The name and address, if known, of the defendant.

    3.  A specific statement showing events and dates of the acts constituting the alleged harassment.

    4.  The name of the court in which there was or is any prior or pending proceeding or order concerning the conduct that is sought to be restrained.

    5.  The relief requested.

    D.  A fee shall not be charged for filing a petition under this section.  Fees for service of process may be deferred or waived under any rule or law applicable to civil actions, except that fees for service of process shall not be charged if the petition arises out of a dating relationship.  The court shall advise a plaintiff that the plaintiff may be eligible for the deferral or waiver of these fees at the time the plaintiff files a petition.  The court shall not require the petitioner to perform community restitution as a condition of the waiver or deferral of fees for service of process.  A law enforcement agency or constable shall not require the advance payment of fees for service of process of injunctions against harassment.  If the court does not waive the fees, the serving agency may assess the actual fees against the plaintiff.  On request of the plaintiff, an injunction against harassment that is issued by a municipal court may be served by the police agency for that city if the defendant can be served within the city.  If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served may serve the injunction.  On request of the plaintiff, each injunction against harassment that is issued by a justice of the peace shall be served by the constable for that jurisdiction if the defendant can be served within the jurisdiction.  If the defendant cannot be served within that jurisdiction, the constable in the jurisdiction in which the defendant can be served shall serve the injunction. On request of the plaintiff, an injunction against harassment that is issued by a superior court judge or commissioner may be served by the sheriff of the county.  If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served may serve the order.  The court shall provide, without charge, forms for purposes of this section for assisting parties without counsel.

    E.  The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the injunction requested should issue without a further hearing.  Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions that are requested pursuant to this section.  If the court finds reasonable evidence of harassment of the plaintiff by the defendant during the year preceding the filing of the petition or that good cause exists to believe that great or irreparable harm would result to the plaintiff if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given, the court shall issue an injunction as provided for in subsection F of this section.  If the court denies the requested relief, it may schedule a further hearing within ten days with reasonable notice to the defendant.  For the purposes of determining the one year period, any time that the defendant has been incarcerated or out of this state shall not be counted.

    F.  If the court issues an injunction, the court may do any of the following:

    1.  Enjoin the defendant from committing a violation of one or more acts of harassment.

    2.  Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons.

    3.  Grant relief necessary for the protection of the alleged victim and other specifically designated persons proper under the circumstances.

    G.  The court shall not grant a mutual injunction against harassment.  If opposing parties separately file verified petitions for an injunction against harassment, the courts after consultation between the judicial officers involved may consolidate the petitions of the opposing parties for hearing.  This does not prohibit a court from issuing cross injunctions against harassment.

    H.  At any time during the period during which the injunction is in effect, the defendant is entitled to one hearing on written request.  No fee may be charged for requesting a hearing.  A hearing that is requested by a defendant shall be held within ten days from the date requested unless the court finds compelling reasons to continue the hearing.  The hearing shall be held at the earliest possible time.  An ex parte injunction that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed.  After the hearing, the court may modify, quash or continue the injunction.

    I.  The injunction shall include the following statement:

    Warning

    This is an official court order.  If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

    J.  A copy of the petition and the injunction shall be served on the defendant within one year from the date the injunction is signed.  An injunction that is not served on the defendant within one year expires.  The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective upon service and expires one year after service of the initial injunction and petition.

    K.  Each affidavit, acceptance or return of service shall be promptly filed with the clerk of the issuing court.  This filing shall be completed in person, shall be made by fax or shall be postmarked, if sent by mail, no later than the end of the seventh court business day after the date of service.  If the filing is made by fax, the original affidavit, acceptance or return of service shall be promptly filed with the court.  Within twenty‑four hours after the affidavit, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the injunction or any modified injunction was issued shall forward to the sheriff of the county in which the court is located a copy of the injunction and a copy of the affidavit or certificate of service of process or acceptance of service.  On receiving these copies, the sheriff shall register the injunction. Registration of an injunction means that a copy of the injunction and a copy of the affidavit or certificate of service of process or acceptance of service have been received by the sheriff's office.  The sheriff shall maintain a central repository for injunctions so that the existence and validity of the injunctions can be easily verified.  The effectiveness of an injunction does not depend on its registration, and for enforcement purposes pursuant to section 13‑2810, a copy of an injunction, whether or not registered, is presumed to be a valid existing order of the court for a period of one year from the date of service of the injunction on the defendant.

    L.  A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13‑2810 by disobeying or resisting an injunction that is issued pursuant to this section, whether or not the violation occurred in the presence of the officer.  The provisions for release under section 13‑3903 do not apply to an arrest made pursuant to this subsection.  A person who is arrested pursuant to this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute.  An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

    M.  If a peace officer responds to a call alleging that harassment has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:

    1.  An injunction pursuant to this section.

    2.  The emergency telephone number for the local police agency.

    3.  Telephone numbers for emergency services in the local community.

    N.  The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available.  The municipal court and the justice court may hear and decide all matters arising pursuant to this section.  After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any.  An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22‑425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy.  No fee may be charged to either party for filing an appeal.

    O.  A peace officer who makes an arrest pursuant to this section is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.  A peace officer is not civilly liable for noncompliance with subsection M of this section.

    P.  This section does not apply to preliminary injunctions issued pursuant to an action for dissolution of marriage or legal separation or for protective orders against domestic violence.

    Q.  In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41‑1661 who is acting in the officer's official capacity may serve an injunction against harassment that is issued pursuant to this section.

    R.  For the purposes of this section, "harassment" means a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose.  Harassment includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325. END_STATUTE

    Sec. 2.  Section 12-1810, Arizona Revised Statutes, is amended to read:

    START_STATUTE12-1810.  Injunction against workplace harassment; definitions

    A.  An employer or an authorized agent of an employer may file a written verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting workplace harassment.

    B.  The court shall not grant an injunction against workplace harassment against either:

    1.  A person who is under twelve years of age unless the injunction is granted by the juvenile division of the superior court.

    2.  More than one defendant.

    C.  The petition shall state all of the following:

    1.  The name of the employer.

    2.  The name and address, if known, of the defendant.

    3.  A specific statement showing the events and dates of the acts that constitute harassment toward the employer or any person who enters the employer's property or who is performing official work duties.

    D.  The filing fee for a petition that is filed pursuant to this section is established pursuant to sections 12‑284, 22‑281 and 22‑404.

    E.  The court shall review the petition and any evidence offered by the employer to determine whether to issue the injunction without further hearing.  Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions requested pursuant to this section.  If the court finds reasonable evidence of workplace harassment by the defendant or that good cause exists to believe that great or irreparable harm would result to the employer or any other person who enters the employer's property or who is performing official work duties or if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts that attest to the employer's efforts to give notice to the defendant or reasons supporting the employer's claim that notice should not be given, the court shall issue an injunction pursuant to subsection F of this section.  If the court denies the requested relief, the court may schedule a further hearing within ten days with reasonable notice to the defendant. 

    F.  If the court grants an injunction against workplace harassment, the court may do any of the following:

    1.  Restrain the defendant from coming near the employer's property or place of business and restrain the defendant from contacting the employer or other person while that person is on or at the employer's property or place of business or is performing official work duties.

    2.  Grant any other relief necessary for the protection of the employer, the workplace, the employer's employees or any other person who is on or at the employer's property or place of business or who is performing official work duties.

    G.  If the court issues an ex parte injunction pursuant to this section, the injunction shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office in which the request may be filed.  At any time during the period that the injunction is in effect, the defendant may request a hearing.  The court shall hold the hearing within ten days after the date of the written request unless the court finds compelling reasons to continue the hearing.  The hearing shall be held at the earliest possible time.  After the hearing, the court may modify, quash or continue the injunction.

    H.  An injunction against workplace harassment that is issued pursuant to this section shall include the following statement:

    Warning

    This is an official court order.  If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

    I.  A copy of the petition and the injunction shall be served on the defendant within one year from the date the injunction is signed.  An injunction that is not served on the defendant within one year expires.  The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective on service and expires one year after service of the initial injunction and petition.

    J.  Each affidavit, acceptance or return of service shall be filed promptly with the clerk of the issuing court.  The filing shall be completed in person, made by fax or postmarked, if sent by mail, no later than the end of the seventh court business day after the date of service.  If the filing is made by fax, the original affidavit, acceptance or return of service shall be filed promptly with the court.  Within twenty‑four hours after the affidavit, acceptance or return of service has been filed, excluding weekends and holidays, the court that issued the injunction shall register a copy of the injunction and a copy of the affidavit of service of process or acceptance of service with the sheriff's office of the county in which the employer is located.  A copy of an injunction is presumed to be a valid existing order of the court for one year after the date on which the defendant was served.  Any changes or modifications to the injunction are effective on entry by the court and shall be registered with the sheriff within twenty‑four hours after the entry, excluding weekends and holidays.

    K.  This section does not:

    1.  Expand, diminish, alter or modify the duty of an employer to provide a safe workplace for its employees and other persons.

    2.  Permit a court to issue a temporary restraining order or injunction that prohibits speech or other activities that are constitutionally protected or otherwise protected by law, including actions involving organized labor disputes that do not involve unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321, defamation in violation of section 23-1325 or any actual or threatened misrepresentation, fraud, duress, violence or breach of the peace.

    3.  Preclude either party from being represented by private counsel or appearing on the party's own behalf.

    L.  When the employer has knowledge that a specific person or persons is are the target of harassment as defined by this section, the employer shall make a good faith effort to provide notice to the person or persons that the employer intends to petition the court for an injunction against workplace harassment.

    M.  Whether or not a violation occurs in the presence of a peace officer, a peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13‑2810 by disobeying or resisting an injunction that was issued pursuant to this section.  The release provisions under section 13‑3903 do not apply to an arrest made pursuant to this subsection.  A person who is arrested pursuant to this subsection may be released from custody pursuant to the Arizona rules of criminal procedure or any applicable statute. The court shall include in an order for release any pretrial release conditions that the court deems appropriate.

    N.  The remedies under this section for the enforcement of protection orders are in addition to any other civil and criminal remedies that are available.  The municipal court and the justice court may hear and decide all matters arising pursuant to this section.  On notice to the affected party and after a hearing, the court may enter an order that requires any party to pay the costs of the action, including reasonable attorney fees.  A party may appeal an order entered by a justice court or municipal court pursuant to section 22‑261 or 22‑425 and the superior court rules of civil appellate procedure without regard to an amount in controversy.

    O.  A peace officer who makes an arrest pursuant to this section is immune from civil or criminal liability if the officer acts on probable cause.

    P.  An employer is immune from civil liability for seeking or failing to seek an injunction under this section unless the employer is seeking an injunction primarily to accomplish a purpose for which the injunction was not designed.  Any action or statement by an employer under this section shall not be deemed an admission by the employer of any fact.  An action or statement by an employer under this section may be used for impeachment purposes.

    Q.  In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer may serve an injunction against workplace harassment pursuant to this section.

    R.  For the purposes of this section:

    1.  "Employer" means an individual, partnership, association or corporation or a person or group of persons who act, directly or indirectly, on behalf of or in the interest of an employer and with the consent of the employer.  Employer includes this state, a political subdivision of this state and any school district or other special district.

    2.  "Harassment" means a single threat or act of physical harm or damage or a series of acts over any period of time that would cause a reasonable person to be seriously alarmed or annoyed and includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325. END_STATUTE

    Sec. 3.  Section 23-352, Arizona Revised Statutes, is amended to read:

    START_STATUTE23-352.  Withholding of wages

    No employer may withhold or divert any portion of an employee's wages unless one of the following applies:

    1.  The employer is required or empowered to do so by state or federal law.

    2.  The employer has prior written authorization from the employee.  An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization, unless a court orders otherwise.

    3.  There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee. END_STATUTE

    Sec. 4.  Section 23-1321, Arizona Revised Statutes, is amended to read:

    START_STATUTE23-1321.  Definitions

    In this article, unless the context otherwise requires:

    1.  "Concerted interference with lawful exercise of business activity" means to do either of the following by the use of force, intimidation, violence, threats of unlawful activity, destruction of the employer's real or intangible property, unlawful assembly or defamatory statements:

    (a)  Prevent or attempt to prevent an employer from:

    (i)  Lawfully engaging in any proper and lawful business activity.

    (ii)  Properly, lawfully or peacefully using or enjoying the employer's property that is used or useful in the conduct of the employer's business.

    (iii)  Acquiring materials or supplies for the purposes of the employer's business.

    (iv)  Disposing of the goods, wares or products of the employer's business.

    (b)  Cause or induce a breach or termination of a known contractual relationship or known business expectancy for an improper purpose which results in damage to the employer.

    1.  2.  "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.  For the purpose of this article the word "employee" or "employees" does not include persons having supervisory authority, professional or confidential employees, guards or persons employed in personnel departments.

    2.  3.  "Person" includes a natural person, a corporation, association, company, firm or labor organization.

    3.  4.  "Secondary boycott" means:

    (a)  A combination or conspiracy by two or more persons, by a strike, threat to strike, picketing, threat to picket, violence, threat of violence, or by concerted refusal or threat of concerted refusal, to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization.

    (b)  An act, combination or agreement which directly or indirectly causes, induces or compels another to strike, threaten to strike, picket, threaten to picket, commit violence, threaten to commit violence, refuse to or threaten to refuse to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of, or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization, or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization.

    5.  "Trespassory assembly" means knowingly entering or unlawfully remaining on any property in violation of section 13-1502, 13-1503 or 13‑1504.

    6.  "Unlawful mass assembly" means a violation of section 23-1327.

    7.  "Unlawful picketing" means a violation of section 23-1322.END_STATUTE

    Sec. 5.  Section 23-1322, Arizona Revised Statutes, is amended to read:

    START_STATUTE23-1322.  Unlawful picketing

    A.  It is unlawful for a labor organization to picket any establishment unless there exists between the employer and the majority of employees of such establishment a bona fide dispute regarding wages or working conditions.

    B.  It is unlawful for a labor organization to engage in picketing or to induce others to engage in picketing if the purpose of the picketing is to coerce or induce an employer or self-employed person to join or contribute to a labor organization. END_STATUTE

    Sec. 6.  Section 23-1323, Arizona Revised Statutes, is amended to read:

    START_STATUTE23-1323.  Injunctive relief; damages

    A.  The picketing of an establishment when a bona fide dispute does not exist between the employer and the majority of employees, Unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott, are illegal and a person against whom such picketing or secondary boycott any of these activities is directed or who is injured thereby by these activities is entitled to injunctive relief therefrom from these activities.  Any person or persons calling or conducting illegal picketing or secondary boycott shall be any of these activities is liable in damages to any person injured thereby by these activities for damages, PREJUDGMENT interest, litigation costs and reasonable attorney fees.  These damages include lost sales and business, lost profits and loss in value of the business.  If a person calling or conducting these activities acted in bad faith or disobeyed a court order, including an injunction issued pursuant to this subsection, the person is liable for punitive damages.

    B.  Nothing in this article shall be construed to imply the legality of any act or conspiracy illegal under the laws of this state prior to before November 24, 1952.  Any labor organization, subdivision or local thereof shall be bound by and liable for the acts of its agents, and may sue or be sued in its common name. END_STATUTE

    Sec. 7.  Section 23-1324, Arizona Revised Statutes, is amended to read:

    START_STATUTE23-1324.  Violations; classification

    A.  Except as provided in subsection B of this section, any person who violates any provision of this article is guilty of a class 2 misdemeanor and shall pay a fine of not less than two hundred dollars.

    B.  A person who violates section 23-1322, 23-1327 or 23-1328 at a property listed on the no trespass public notice list is guilty of a class 1 misdemeanor and shall pay a fine of not less than two hundred dollars.

    C.  Any fine levied pursuant to this section shall be recovered by the attorney general or under his direction in the name of the state. END_STATUTE

    Sec. 8.  Title 23, chapter 8, article 2, Arizona Revised Statutes, is amended by adding sections 23-1325, 23-1326, 23-1327, 23-1328 and 23-1329, to read:

    START_STATUTE23-1325.  Defamation; damages

    A.  A person commits defamation of an employer by doing all of the following:

    1.  Maliciously making a false statement about the employer to a third party without privilege.

    2.  Knowingly, recklessly or negligently disregarding the falsity of the statement.

    3.  Causing damage to the employer by the false statement.

    B.  An employer against whom defamation is directed or who is injured by defamation may obtain injunctive relief from the defamation.  A Person who commits the defamation is liable to any person injured by the defamation for Damages, prejudgment Interest, attorney fees, the costs of litigation and punitive damages.  The damages may include lost sales and business, lost profits and loss in value of the business.

    C.  A labor union or a subdivision or local chapter of a labor organization is bound by and liable for the acts of its agents and may sue or be sued in its common name. END_STATUTE

    START_STATUTE23-1326.  No trespass public notice list; presumption

    A.  The county recorder shall establish a no trespass public notice list identifying employers in the county who have established private property rights to their establishment and any related real property in the county.

    B.  To be included on the list, an employer shall provide to the county recorder copies of appropriate documents that establish the employer's private property rights, including the address and legal description of the property to which it has legal control.  An employer that records its private property rights shall pay a recording fee determined by the county recorder.

    C.  If an employer provides the documents prescribed in subsection B and pays the fee, the county recorder shall list the employer and its address on the no trespass public notice list and shall maintain a copy of the documents for public inspection.

    D.  Beginning January 15, 2011 and every January 15 and July 15 thereafter, the county recorder shall:

    1.  Publish the no trespass public notice list at least one day a week for four consecutive weeks in a newspaper of general circulation in the county.  If there is no newspaper of general circulation in the county, the list shall be published in a newspaper of general circulation in an adjoining county.  The county recorder shall make the list accessible to the public in the county recorder's office and shall publish the list on the county recorder's website.

    2.  Provide a copy of the no trespass public notice list to every law enforcement agency in the county.

    E.  Publication of the no trespass public notice list as prescribed in subsection D establishes a presumption that all members of the public have notice of all employers and properties shown on the list.

    F.  Each law enforcement agency shall maintain the most recent no trespass public notice list received from the county recorder for its use in responding to complaints of unlawful picketing, trespassory assembly or unlawful mass assembly.  If a property is identified on the list, the responding peace officer may not require the employer to provide any further documentation to establish the employer's property rights before requiring any labor organization or individual or groups of individuals acting on employees' behalf that are engaged in unlawful picketing, trespassory assembly or mass picketing to leave the employer's property or cease from blocking ingress to or egress from the employer's property.

    G.  This section does not affect or limit any existing property rights if a property is not included on any no trespass public notice list.END_STATUTE

    START_STATUTE23-1327.  Unlawful mass assembly

    A.  A person shall not do any of the following:

    1.  Hinder or prevent the pursuit of any lawful work or employment by mass assembly, unlawful threats or force.

    2.  Obstruct or interfere with entrance to or egress from any place of employment, including by intentionally operating a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property.

    3.  Obstruct or interfere with the free and uninterrupted use of public roads, streets, highways, railways, airports or other means of travel or conveyance.

    4.  Use language or words threatening to do harm to a person or the person's real or intangible property or designed to incite fear in any Person attempting to enter or leave any property.

    5.  Assemble other than in a reasonable and peaceful manner.

    B.  This section does not prohibit assembly to the extent that assembly is authorized under the Arizona or federal constitution or federal law. END_STATUTE

    START_STATUTE23-1328.  Trespassory assembly

    A labor organization or individual or group that acts on behalf of employees shall not engage in trespassory assembly. END_STATUTE

    START_STATUTE23-1329.  Publicizing enjoined picketing or assembly; prohibition

    A person shall not declare or publicize the continued existence of actual or constructive picketing or assembly at a point or directed against a premises, if a court of competent jurisdiction has enjoined the continuation of the picketing or assembly at that point or premises. END_STATUTE



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    Senate Engrossed Version 
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  •           

              Name: SB1242

              State: CA

              Chamber:Senate

              Latest Vote

              Motion: Do pass, to Consent Calendar.

              Date:datetime.datetime(2010, 6, 23, 0, 0)

              Result:Yes

              Votes in Favor: 6

              Votes in Opposition: 0

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  • Third Reading Calendar

    Monday, March 29, 2010

    REVISED                                                      REVISED                                          REVISED

     

    Forty-ninth Legislature

    Second Regular Session

     

                                ARIZONA STATE SENATE

     

                                                                  THIRD READING

     

                                                                    March 29, 2010

     

     

    SB 1108      technical correction; children

                           (Now: concealed weapons; permit)

     

    Purpose (For more information see Fact Sheet): Makes changes relating to the carrying of concealed weapons without a concealed carry weapons (CCW) permit; requirements for obtaining a CCW permit; and the forfeiture of weapons under court order.

    For Bill: Matthew Dogali, The National Rifle Association (03/05/2010); Ben Dugdale, Self (03/05/2010); Bryan Ginter, Self (02/22/2010); Raul  Gonzalez, Self (03/19/2010); Dave Kopp, Arizona Citizens Defense League, Inc. (03/03/2010); John Wentling, Arizona Citizens Defense League (03/03/2010)

    Against Bill: Terry  Goddard, Attorney General  (03/04/2010); Deborah Kimmick, Self (03/04/2010); John Thomas, Arizona Association of Chiefs of Police (03/05/2010)

     

     

     

    SB 1135      child custody; technical correction

                           (Now: aggravated assault; classification; definition)

    (on reconsideration)

     

    Purpose (For more information see Fact Sheet): Expands definition of aggravated assault to include the assault of a code enforcement officer.

    For Bill: Gail Bosgieter, Treasurer of the American Association of Code Enforcement (02/18/2010); Bryan Ginter, Self (02/15/2010); Shirley Gunther, City of Avondale (02/17/2010); David Johnson, Town of Buckeye (02/17/2010); Ryan  Peters, City of Glendale (02/18/2010); Amber Wakeman, City of Tempe  (02/16/2010); Mike Williams, Town of Queen Creek, AZ Police Association, Phx Law Enforcement Assn (02/18/2010)

     

     

     

    SB 1168      firearms; regulation; state preemption

     

    Purpose (For more information see Fact Sheet): Modifies, with regard to firearms, rules or ordinances political subdivisions are permitted to enact, including those that limit the possession of firearms in parks or preserves.

    For Bill: Gary Christensen, AZ State Rifle & Pistol Association (03/01/2010); Richard Davis, Self (02/13/2010); Jim Deakin, Self (02/15/2010); Matthew Dogali, The National Rifle Association (02/15/2010); Buffalo Rick Galeener, Self (02/12/2010); Bryan Ginter, Self (02/22/2010); Kim Grady, Second Amendment Sisters (02/22/2010); Richard Hanson, Self (02/14/2010); Dave Kopp, Arizona Citizens Defense League, Inc. (02/21/2010); Kevin Myers, Self (02/22/2010); Todd Rathner, The National Rifle Association (02/22/2010); Lyle  Tuttle, Self (02/13/2010); John Wentling, Arizona Citizens Defense League (02/21/2010); Mike Williams, Phoenix Law Enforcement Assn (02/12/2010)

    Against Bill: Virginia Ginter, Self (02/14/2010)

     

     

     

     

     

    SB 1195      state land department; fees; funds

     

    Purpose (For more information see Fact Sheet): Allows the Arizona State Land Department Commissioner (Commissioner) to establish  application and other administrative fees by rule, and redirects those monies from the state General Fund to the Trust Land Management Fund. Repeals the section of law that prescribes statuory fee amounts for application and administrative fees. The Commissioner’s authority to adopt fees under the new law begins July 1, 2010.  As session law, exempts the Commissioner from rulemaking requirements for one year in order maintain fee amounts at current levels.  Makes other statutory changes relating to department funds and administration.

    For Bill: Maria Baier, Arizona State Land Department (03/08/2010); Heather Bernacki, American Planning Association Arizona Chapter (02/22/2010); Patrick Bray, AZ Cattlemens Assoc. (03/05/2010); Eric Emmert, Arizona Planning Association (02/22/2010); Vanessa Hickman, Arizona State Land Department (02/22/2010); Richard Hubbard, Valley Partnership (02/22/2010)

    Against Bill: Bryan Ginter, Self (02/22/2010)

    Neutral: Spencer Kamps, Self (02/22/2010)

     

     

     

    SB 1216      oral anticancer medication; coverage

     

    Purpose (For more information see Fact Sheet): Stipulates that, if a health insurer licensed in Arizona provides coverage for both cancer chemotherapy treatment and orally administered anticancer medication, and if the health insurer charges coinsurance for the orally admininstered anticancer medication, the health insurer must limit the amount charged for the orally admininstered anticancer medication to 400 percent of the contract's Tier III prescription drug copayment.

    For Bill: Colby Bower, American Cancer Society Cancer Action Network (02/09/2010); Sharlene Bozack, American Cancer Society Cancer Network (02/10/2010); Kirsten Butzow, Susan G. Komen for the Cure (02/10/2010); Carol  Cullivan, Susan G. Komen for the Cure, Southern Arizona (02/09/2010); Kevin B. DeMenna, American Cancer Society, Cancer Action Network (02/09/2010); Ryan DeMenna, American Cancer Society, Cancer Action Network (02/09/2010); Mary Dokes, Susan G Komen for the Cure (02/10/2010); Bryan Ginter, Self (02/09/2010); Gaspar Laca, GlaxoSmithKline (02/10/2010); Barbara Lussenhop, Genentech (02/10/2010); Abigail Midgette, Susan G. Komen (02/10/2010); Susan Priest, Susan G Komen for the Cure, Southern AZ (02/09/2010); Brett Skaugstad, American Cancer Society Cancer Action Network (02/10/2010); Susie Stevens, Genentech (02/10/2010); Charles Thompson, Susan G. Komen For the Cure (02/10/2010); Beverly Tirado, American Cancer Society Cancer Action Network (02/10/2010); Krista Walker, American Cancer Society Cancer Action Network (02/10/2010)

    Against Bill: Allison Bell, Arizona Chamber of Commerce & Industry (02/10/2010); Michelle Bolton, Greater Phoenix Chamber of Commerce (02/10/2010); Don Hughes, Blue Cross Blue Shield of Arizona (02/10/2010); Jake Logan, United HealthCare of Arizona (02/10/2010); Kelsey Lundy, United Healthcare (02/10/2010)

    Neutral: Mark Boesen, Arizona Pharmacy Alliance and The Apothecary Shops (02/10/2010); Mindy Rasmussen, Arizona Pharmacy Alliance (02/10/2010); Karlene Wenz, Department of Insurance (02/10/2010)

     

     

     

    SB 1232      outsourcing; state service positions; prohibition.

                           (Now: civil rights; discrimination; employment)

     

    Purpose (For more information see Fact Sheet): Conforms Arizona civil rights statutes with federal law.

    For Bill: Virginia Brant, AASRA (02/24/2010); David Carey, Arizona Bridge to Independent Living (02/21/2010); Sherri Collins, AZ Commission for the Deaf and Hard of Hearing (02/24/2010); Bonnie Danowski, Arizona Chapter of the Multiple Sclerosis Society (02/21/2010); James Danowski, Self (02/21/2010); Tony DiRienzi, Statewide Independent Living Council (02/24/2010); Rebekah Friend, Arizona AFL-CIO (02/24/2010); Bryan Ginter, Self (02/22/2010); Donna Kruck, ABIL (02/24/2010); Jim Minehan, Self (02/24/2010); Dr. Danny Openden, Self (02/23/2010); Kimberly Phillips, Self (02/25/2010); Robin Quinn, Self (03/22/2010); Peri Jude Radecic, Arizona Center for Disability Law (02/23/2010); Timothy Schmaltz, Protecting Arizona's Family Coalition (02/25/2010); Char Ugol, Self (02/24/2010); Daniella Yaloz, Just Vote Arizona Disability Coalition (02/25/2010)

     

     

     

    SB 1242      employer protections; labor relations

     

    Purpose (For more information see Fact Sheet): Outlines regulations regarding unlawful picketing, trespassory assembly and unlawful mass assembly and establishes a no trespass public notice list.

    For Bill: Allison Bell, Arizona Chamber of Commerce & Industry (03/08/2010); Tom Dorn, East Valley Chambers of Commerce Alliance (02/16/2010); Eric Emmert, East Valley Chambers of Commerce Alliance (02/09/2010); Barbara Fanning, Arizona Hospital and Healthcare Association (02/12/2010); Buffalo Rick Galeener, Self (02/12/2010); Mark Minter, Arizona Builders' Alliance (02/09/2010); Marcus Osborn, AZ Chamber and Arizona Manufacturers Council (03/08/2010); Farrell Quinlan, National Federation of Independent Business - Arizona (03/08/2010); Christopher Smith, Cox Communications (02/05/2010); Jeffrey Toppel, Arizona Chamber of Commerce (03/08/2010)

    Against Bill: Jennifer Allen, Border Action Network (02/16/2010); Seth Apfel, Self (02/16/2010); Shelly Baker, Arizona Association of County Recorders (02/09/2010); Mike Colletto, Community Horizons (02/09/2010); Chuck Foy, Arizona Correctional Peace Officers Association (02/15/2010); Rebekah Friend, Arizona AFL-CIO (03/04/2010); Bryan Ginter, Self (02/15/2010); Jennifer Loredo, Arizona Education Association (03/05/2010); Molly McGovern, SEIU Arizona (03/02/2010); Alessandra  Meetze, ACLU of Arizona (02/15/2010); Jen Sweeney, Arizona Association of Counties (03/04/2010); Wylie Timmerman, Self (03/08/2010)

    Neutral: Lora  Andikkopoulos, Self (03/04/2010); Nicole Stickler,  (03/08/2010)

     

     

     

    SB 1274      STOs; contribution date

     

    Purpose (For more information see Fact Sheet): Extends the deadline for STO contributions by individuals in order to be eligible for existing income tax credit.

    For Bill: Sydney Hay, Advocates for School Choice (02/02/2010); Ron Johnson, AZ Catholic Conference (02/03/2010); Deborah Sheasby, Center for Arizona Policy (02/02/2010)

    Against Bill: Jim DiCello, Paradise Valley School District (03/16/2010); Charles Essigs, AZ Association of School Business Officials (02/03/2010); Bryan Ginter, Self (02/02/2010); Jennifer Loredo, Arizona Education Association (02/03/2010); Janice Palmer, AZ School Boards Association (02/03/2010); Sam Polito, Tucson Area School Districts (02/03/2010); Michael Smith, Az. School Administrators (02/03/2010)

     

     

     

    SB 1282      affiliated charter schools

     

    Purpose (For more information see Fact Sheet): Authorizes charter schools to grant enrollment preference to students of another charter school through written agreements.

    For Bill: Hugh Hallman, Self (02/03/2010)

    Against Bill: Bryan Ginter, Self (02/15/2010)

    Neutral: Justin Olson, Arizona Tax Research Association (02/17/2010)

     

     

     

    SB 1310      JTEDs; omnibus

     

    Purpose (For more information see Fact Sheet): An emergency measure making numerous changes related to Joint Technological Education Districts (JTEDs).

    For Bill: Stan Barnes, East Valley Institute of Technology (02/15/2010); Greg Donovan, Self (02/17/2010); Charles Essigs, AZ Association of School Business Officials (02/16/2010); Doris N. Flax, League of Women Voters of Arizona and Self (02/17/2010); Art Harding, Arizona Department of Education (02/17/2010); Jac Heiss, Coconino Assoc. for Vocations, Industry and Technology (CAVIAT) (02/17/2010); Gretchen Jacobs, Consortium of Arizona JTEDs (02/17/2010); Marv Lamer, Valley Academy for Career and Technology Ed (02/16/2010); Ron Lee, Northeast Arizona Technological Institute of Vocational ED (02/17/2010); Gini McGirr, Self (02/17/2010); Mark Minter, Arizona Builders' Alliance (02/17/2010); Janice Palmer, AZ School Boards Association (02/10/2010); Sam Polito, JTED Consortium (02/17/2010); Beth Sauer, Arizona School Boards Assoc. (02/17/2010); Troy Thygerson, Self (02/17/2010)

    Against Bill: Bryan Ginter, Self (02/15/2010); Justin Olson, Arizona Tax Research Association (02/17/2010)

     

     

     

    HB 2307     Arizona manufactured firearms; regulation

    (Substituted for SB 1098)

     

    Purpose (For more information see Fact Sheet): States that a personal firearm, firearm accessory or ammunition manufactured in this state and remaining within the borders of this state is not subject to federal law or federal regulation.

    For Bill: Linda Bentley, Self (01/27/2010); Ryan Denke, Self (02/05/2010); Dustin Deppe, Self (01/28/2010); Dave Kopp, Arizona Citizens Defense League, Inc. (01/24/2010); Arno Naeckel, Self (01/28/2010); Fred Streeter, Self (01/27/2010); John Wentling, Arizona Citizens Defense League (01/28/2010)

    Neutral: Seth Apfel, Self (01/22/2010)

     

     

     

    HB 2788     campaign finance; independent expenditures

    (Substituted for SB 1444)

     

    Purpose (For more information see Fact Sheet): An emergency measure that establishes registration, notification and disclosure requirements for corporations, limited liability companies and labor organizations regarding independent expenditures in candidate campaigns.

    For Bill: Allison Bell, Arizona Chamber of Commerce & Industry (02/23/2010); Amy Bjelland, Arizona Secretary of State (02/24/2010); Janna Day, Self (02/25/2010); Jennifer Loredo, Arizona Education Association (02/25/2010); Molly McGovern, SEIU Arizona (02/24/2010); Farrell Quinlan, National Federation of Independent Business - Arizona (02/24/2010); Jen Sweeney, Arizona Association of Coounties (02/25/2010)

    Neutral: Todd Lang, Citizens Clean Elections Commission (02/24/2010)

     

     

     

     

     

    ---------- DOCUMENT FOOTER ---------

    “For” and “Against” data on bills is derived from information provided by the public to the Request to Speak system and is current as of   the date listed.

    Page 1 of 4

     

    ---------- DOCUMENT FOOTER ---------

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