Bill Text: AZ HCR2030 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Workers' compensation; alcohol; controlled substances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-24 - Referred to House BI Committee [HCR2030 Detail]
Download: Arizona-2012-HCR2030-Introduced.html
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REFERENCE TITLE: workers' compensation; alcohol; controlled substances |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HCR 2030 |
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Introduced by Representative Fann
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article XVIII, section 8, Constitution of Arizona; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article XVIII, section 8, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
8. Workers' compensation law
Section 8. A. The legislature shall enact a workmen's workers' compensation law applicable to workmen workers engaged in manual or mechanical labor in all public employment whether of the state, or any political subdivision or municipality thereof as may be defined by law, and in such all private employments as the legislature may prescribe by which compensation shall be required to be paid to any such workman worker, in case of his the worker's injury and to his the worker's dependents, as defined by law, in case of his the worker's death, by his the worker's employer, if in the course of such employment personal injury to or death of any such workman worker from any accident arising out of and in the course of, such employment, is caused in whole, or in part, or is contributed to, by a necessary risk or danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer, or any of his or its the employer's agents or employee or employees to exercise due care, or to comply with any law affecting such employment. ; provided that However, in order to preserve and protect the safety of workers, workplaces and the public, the legislature may enact laws that deny or limit compensation for an injury to a worker whose use of alcohol, medical marijuana or unlawful use of a controlled substance was a substantial contributing cause, as defined by law, of the employee's injury.
B. It shall be optional with any employee engaged in any such private employment to settle for such compensation, or to retain the right to sue said the employer or any person employed by said the employer, acting in the scope of his the person's employment, as provided by this constitution. ; and, provided further, In order to assure and make certain a just and humane compensation law in the state of Arizona, for the relief and protection of such workmen, their workers or the workers' widows, children or dependents, as defined by law, from the burdensome, expensive and litigious remedies for injuries to or death of such workmen workers, now existing in the state of Arizona, and producing uncertain and unequal compensation therefor, such employee, engaged in such private employment, may exercise the option to settle for compensation by failing to reject the provisions of such workmen's workers' compensation law prior to the injury, except that if the injury is the result of an act done by the employer or a person employed by the employer knowingly and purposely with the direct object of injuring another, and the act indicates a wilful disregard of the life, limb or bodily safety of employees, then such employee may, after the injury, may exercise the option to accept compensation or to retain the right to sue the person who injured him the employee.
C. The percentages and amounts of compensation provided in house bill no. 227 enacted by the seventh legislature of the state of Arizona, shall never be reduced nor any industry included within the provision of said that house bill no. 227 eliminated except by initiated or referred measure as provided by this constitution.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
