Bill Text: AZ SB1094 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed

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Bill Title: School employees; paycheck deductions; authorization

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2014-03-17 - Senate third reading FAILED voting: (13-16-1-0) [SB1094 Detail]

Download: Arizona-2014-SB1094-Engrossed.html

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Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SENATE BILL 1094

 

 

 

AN ACT

 

amending Title 15, chapter 5, article 1, Arizona Revised Statutes, by adding section 15-517; relating to school employees.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 15, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 15-517, to read:

START_STATUTE15-517.  Paycheck deductions; authorization; civil penalty

A.  The governing board or the superintendent of a school district may not deduct any third-party payment, including payment to an association or organization, from an employee's paycheck unless the employee annually provides express written or electronic authorization to the employer for the deduction in advance.

B.  The attorney general shall adopt rules that describe the acceptable forms of employee authorization under this section.

C.  If the governing board or superintendent of a school district knowingly deducts payments in violation of subsection A of this section, the governing board or superintendent is subject to a civil penalty of at least one thousand five hundred dollars for each violation.  The attorney general shall impose and collect the civil penalties under this subsection and shall deposit, pursuant to sections 35‑146 and 35‑147, all civil penalties collected pursuant to this section in the state general fund.

D.  This section does not apply to any of the following:

1.  Deductions for state, local or federal taxes or deductions that are otherwise required by court order.

2.  Deductions for employee insurance premiums or retiree benefits pursuant to a pension or other benefit plan that is established to provide employees or their families with insurance or retirement benefits as an element of employee compensation.

E.  If a school employee has authorized a deduction from the employee's paycheck under this section and the employee resigns membership in the association or organization for which the deduction was authorized, the employee's authorization for the deduction is rescinded on the governing board's or superintendent's receipt from the employee of written notice of the resignation.  The governing board or superintendent shall process the rescission within one pay period.

F.  This section does not preempt any federal law.

G.  Employers are not prohibited from creating and using standard forms to implement this section. END_STATUTE

Sec. 2.  Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 3.  Short title

This act may be cited as the "Protect Arizona School Employees' Paychecks Act".

Sec. 4.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.