Bill Text: AZ SB1232 | 2010 | Forty-ninth Legislature 2nd Regular | Chaptered
Bill Title: Outsourcing; state service positions; prohibition.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2010-05-10 - Governor Signed [SB1232 Detail]
Download: Arizona-2010-SB1232-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1232 |
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AN ACT
amending sections 32‑2422, 32‑2441, 32‑2612 and 32‑2622, Arizona Revised Statutes; amending title 41, chapter 9, article 1, Arizona Revised Statutes, by adding sections 41-1404 and 41-1405; amending sections 41‑1461 and 41‑1463, Arizona Revised Statutes; amending title 41, chapter 9, article 4, Arizona Revised Statutes, by adding section 41‑1468; amending sections 41‑1491, 41‑1492 and 41-1492.02, Arizona Revised Statutes; amending title 41, chapter 9, article 8, Arizona Revised Statutes, by adding section 41‑1492.12; relating to discrimination.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2422, Arizona Revised Statutes, is amended to read:
32-2422. Qualification of applicant for agency license; substantiation of work experience
A. An applicant as a qualifying party for an agency license under this chapter shall:
1. Be at least twenty‑one years of age.
2. Be a citizen or legal resident of the United States who is authorized to seek employment in the United States.
3. Not have been convicted of any felony or currently be under indictment for a felony.
4. Within the five years immediately preceding the application for an agency license, not have been convicted of any misdemeanor act involving:
(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.
(b) Misconduct involving a deadly weapon as provided in section 13‑3102.
(c) Dishonesty or fraud.
(d) Arson.
(e) Theft.
(f) Domestic violence.
(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.
(h) Sexual misconduct.
5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.
6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13‑3601, or an offense that has the same elements as an offense listed in section 13‑3601.
7. Not be either of the following:
(a) Adjudicated mentally incompetent.
(b) Found to constitute a danger to self or others pursuant to section 36‑540.
8. Not have a disability as defined in section 41‑1461, unless that person is a qualified individual with a disability as defined in section 41‑1461.
9. Not have been convicted of acting or attempting to act as a private investigation agency or a private investigator without a license if a license was required.
10. Have had a minimum of three years of full‑time investigative experience or the equivalent of three years of full‑time investigative experience that consists of actual work performed as an investigator for a private concern, for the federal government or for a state, county or municipal government.
B. If the applicant for an agency license is a firm, partnership, association or corporation, the qualifications required by subsection A of this section are required of the individual in active management who shall be the qualifying party of the firm, partnership, association or corporation.
C. Applicants for an agency license shall substantiate investigative work experience claimed as years of qualifying experience and provide the exact details as to the character and nature of the experience on a form prescribed by the department and certified by the employers. On written request, an employer shall submit to the employee a written certification of prior work experience within thirty days. The written certification is subject to independent verification by the director. If an employer goes out of business, the employer shall provide all employees with a complete and accurate record of their work history. If applicants are unable to supply written certification from an employer in whole or in part, applicants may offer written certification from persons other than an employer covering the same subject matter for consideration by the department. The burden of proving the minimum years of experience is on the applicant.
D. The department may deny an agency license if the department determines that the applicant does not meet the requirements of this section.
Sec. 2. Section 32-2441, Arizona Revised Statutes, is amended to read:
32-2441. Qualification of applicant for associate or employee registration
An applicant for an associate or employee registration certificate shall:
1. Be at least eighteen years of age.
2. Be a citizen or legal resident of the United States who is authorized to seek employment in the United States.
3. Not have been convicted of any felony or currently be under indictment for a felony.
4. Within the five years immediately preceding the application for an associate or employee registration certificate, not have been convicted of any misdemeanor act involving:
(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.
(b) Misconduct involving a deadly weapon as provided in section 13‑3102.
(c) Dishonesty or fraud.
(d) Arson.
(e) Theft.
(f) Domestic violence.
(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.
(h) Sexual misconduct.
5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.
6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13‑3601, or an offense that has the same elements as an offense listed in section 13‑3601.
7. Not be either of the following:
(a) Adjudicated mentally incompetent.
(b) Found to constitute a danger to self or others pursuant to section 36‑540.
8. Not have a disability as defined in section 41‑1461, unless that person is a qualified individual with a disability as defined in section 41‑1461.
9. Not have been convicted of acting or attempting to act as a private investigator without a license if a license was required.
Sec. 3. Section 32-2612, Arizona Revised Statutes, is amended to read:
32-2612. Qualifications of applicant for agency license; substantiation of work experience
A. Each applicant, if an individual, or each associate, director or manager, if the applicant is other than an individual, for an agency license to be issued pursuant to this chapter shall:
1. Be at least twenty‑one years of age.
2. Be a citizen or a legal resident of the United States who is authorized to seek employment in the United States.
3. Not have been convicted of any felony or currently be under indictment for a felony.
4. Within the five years immediately preceding the application for an agency license, not have been convicted of any misdemeanor act involving:
(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.
(b) Misconduct involving a deadly weapon as provided in section 13‑3102.
(c) Dishonesty or fraud.
(d) Arson.
(e) Theft.
(f) Domestic violence.
(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.
(h) Sexual misconduct.
5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.
6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13‑3601, or an offense that has the same elements as an offense listed in section 13‑3601.
7. Not be either of the following:
(a) Adjudicated mentally incompetent.
(b) Found to constitute a danger to self or others or to be persistently or acutely disabled or gravely disabled pursuant to section 36‑540.
8. Not have a disability as defined in section 41‑1461, unless that person is a qualified individual with a disability as defined in section 41‑1461.
9. Not have been convicted of acting or attempting to act as a security guard or a security guard agency without a license if a license was required.
B. The qualifying party for an agency license and the resident manager, if a resident manager is required pursuant to section 32-2616, shall have at least three years of full‑time experience as a manager, supervisor or administrator of a security guard agency or three years of full‑time supervisory experience with any federal, United States military, state, county or municipal law enforcement agency. The qualifying party for an agency license and the resident manager, if a resident manager is required pursuant to section 32-2616, must substantiate managerial work experience claimed as years of qualifying experience and provide the exact details as to the character and nature of the experience on a form prescribed by the department and certified by the employer. On written request, an employer shall submit to the employee a written certification of prior work experience within thirty calendar days. The written certification is subject to independent verification by the department. If an employer goes out of business, the employer shall provide registered employees with a complete and accurate record of their work history. If an applicant is unable to supply written certification from an employer in whole or in part, the applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the department. The burden of proving the minimum years of experience is on the applicant.
C. The department may deny an agency license if the department determines that the applicant is unfit based on a conviction, citation or encounter with law enforcement for a statutory violation.
Sec. 4. Section 32-2622, Arizona Revised Statutes, is amended to read:
32-2622. Qualifications of applicant for associate, security guard or armed security guard registration certificate
A. An applicant for an associate or a security guard registration certificate issued pursuant to this article shall:
1. Be at least eighteen years of age.
2. Be a citizen or legal resident of the United States who is authorized to seek employment in the United States.
3. Not have been convicted of any felony or currently be under indictment for a felony.
4. Within the five years immediately preceding the application for an associate, security guard or armed security guard registration certificate, not have been convicted of any misdemeanor act involving:
(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.
(b) Misconduct involving a deadly weapon as provided in section 13‑3102.
(c) Dishonesty or fraud.
(d) Arson.
(e) Theft.
(f) Domestic violence.
(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.
(h) Sexual misconduct.
5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.
6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13‑3601, or an offense that has the same elements as an offense listed in section 13‑3601.
7. Not be either of the following:
(a) Adjudicated mentally incompetent.
(b) Found to constitute a danger to self or others pursuant to section 36‑540.
8. Not have a disability as defined in section 41‑1461, unless that person is a qualified individual with a disability as defined in section 41‑1461.
9. Not have been convicted of acting or attempting to act as an associate security guard or armed security guard without a license if a license was required.
B. An applicant for an armed security guard registration certificate issued pursuant to this chapter shall:
1. Meet the requirements of subsection A of this section.
2. Successfully complete all background screening and training requirements.
3. Not be a prohibited possessor as defined in section 13‑3101 or as described in 18 United States Code section 922.
4. Not have been discharged from the armed services of the United States under other than honorable conditions.
5. Not have been convicted of any crime involving domestic violence as defined in section 13‑3601.END_STATUTE
Sec. 5. Title 41, chapter 9, article 1, Arizona Revised Statutes, is amended by adding sections 41-1404 and 41‑1405, to read:
41-1404. Claims of no disability
this chapter does not provide any basis for a claim by an individual without a disability that the individual was subject to discrimination BECAUSE of the INDIVIDUAL'S lack of disability.
41-1405. Reasonable accommodation or reasonable modification not required under certain conditions
A covered entity under article 4 or 8 of this chapter is not required to provide a reasonable accommodation or a reasonable modification to policies, practices or procedures to an individual who meets the definition of disability solely under section 41-1461, paragraph 4, subdivision (c) or who meets the definition of being regarded as having such a physical or mental impairment under section 41-1492.
Sec. 6. Section 41-1461, Arizona Revised Statutes, is amended to read:
41-1461. Definitions
In this article, unless the context otherwise requires:
1. "Auxiliary aids and services" includes:
(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
(b) Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments.
(c) Acquisition or modification of equipment or devices.
(d) Other similar services and actions.
2. "Being regarded as having such a physical or mental impairment":
(a) Means an individual who establishes that the individual has been subjected to an action prohibited under this article because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
(b) Does not mean an impairment that is transitory and minor. For the purposes of this subdivision, "transitory impairment" means an impairment with an actual or expected duration of six months or less.
1. 3. "Covered entity" means an employer, employment agency, labor organization or joint labor‑management committee.
2. 4. "Disability" means, with respect to an individual, except any impairment caused by current use of illegal drugs, any of the following:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(b) A record of such a physical or mental impairment.
(c) Being regarded as having such a physical or mental impairment.
3. 5. "Employee":
(a) Means an individual employed by an employer.
(b) Does not include an elected public official of this state or any political subdivision of this state, any person chosen by an elected official to be on the elected official's personal staff, an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless the person or appointee is subject to the civil service laws of this state or any political subdivision of this state.
4. 6. "Employer":
(a) Means a person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that person, except that to the extent that any person is alleged to have committed any act of sexual harassment, employer means, for purposes of administrative and civil actions regarding those allegations of sexual harassment, a person who has one or more employees in the current or preceding calendar year.
(b) Does not include either:
(i) The United States or any department or agency of the United States, a corporation wholly owned by the government of the United States or an Indian tribe.
(ii) A bona fide private membership club, other than a labor organization, that is exempt from taxation under section 501(c) of the internal revenue code of 1954.
5. 7. "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of that person.
6. 8. "Labor organization":
(a) Means a labor organization and any agent of a labor organization.
(b) Includes:
(i) Any organization of any kind, any agency or employee representation committee, group, association or plan in which fifteen or more employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment.
(ii) Any conference, general committee, joint or system board or joint council that is subordinate to a national or international labor organization.
9. "Major life activities" includes:
(a) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
(b) The operation of a major bodily function, including functions of the immune system, normal cell growth and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
7. 10. "Person" means one or more individuals, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint‑stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.
8. 11. "Qualified individual with a disability" means a person with a disability who, with or without reasonable accommodation, is capable of performing the essential functions of the employment position that the individual holds or desires.
9. 12. "Reasonable accommodation" includes:
(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
(b) Job restructuring, part‑time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments, the provision of auxiliary aids and services or interpreters and other similar accommodations services and actions for individuals with disabilities.
10. 13. "Religion" means all aspects of religious observance and practice, as well as belief. Unlawful practices as prohibited by this article include practices with respect to religion unless an employer demonstrates that the employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
11. 14. "Undue hardship":
(a) Means an action requiring significant difficulty or expense when considered in light of the factors set forth in subdivision (b) of this paragraph.
(b) When determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:
(i) The nature and cost of the accommodations needed under this article.
(ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources of the facility and any other impact of the accommodation on the operation of the facility.
(iii) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees and the number, type and location of its facilities.
(iv) The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of the covered entity.
(v) The geographic separateness and the administrative or fiscal relationship of the facility to the covered entity.
Sec. 7. Section 41-1463, Arizona Revised Statutes, is amended to read:
41-1463. Discrimination; unlawful practices; definition
A. Nothing contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age, disability or national origin or on the basis of disability.
B. It is an unlawful employment practice for an employer:
1. To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions or privileges of employment because of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability.
2. To limit, segregate or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability.
3. To fail or refuse to hire, to discharge, or to otherwise discriminate against any individual based on the results of a genetic test received by the employer, notwithstanding subsection I, paragraph 2 of this section.
C. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability or to classify or refer for employment any individual on the basis of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability.
D. It is an unlawful employment practice for a labor organization:
1. To exclude or to expel from its membership or otherwise to discriminate against any individual because of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability.
2. To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive the individual of employment opportunities or would limit those employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability.
3. To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
E. It is an unlawful employment practice for any employer, labor organization or joint labor‑management committee controlling apprenticeship or other training or retraining programs, including on‑the‑job training programs, to discriminate against any individual because of the individual's race, color, religion, sex, age, disability or national origin or on the basis of disability in admission to or employment in any program established to provide apprenticeship or other training and, if the individual is an otherwise qualified individual with a disability, to fail or refuse to reasonably accommodate the individual's disability.
F. With respect to an a qualified individual with a disability, it is an unlawful employment practice for a covered entity to:
1. Participate in any contractual or other arrangement or relationship that has the effect of subjecting a qualified individual with a disability who applies with or who is employed by the covered entity to unlawful employment discrimination on the basis of disability.
2. Use standards, criteria or methods of administration that have the effect of discriminating on the basis of disability or that perpetuate the discrimination of others who are subject to common administrative control.
3. Exclude or otherwise deny equal jobs or benefits to a qualified an individual qualified for the job or benefits because of the known disability of an individual with whom the qualified individual qualified for the job or benefits is known to have a relationship or association.
4. Not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity or the individual only meets the definition of disability as prescribed in section 41‑1461, paragraph 4, subdivision (c).
5. Deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability if the denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairment of the applicant or employee.
6. Use qualification standards, employment tests or other selection criteria, including those based on an individual's uncorrected vision, that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity.
7. Fail to select and administer tests relating to employment in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, or aptitude or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual or speaking skills of the applicant or employee, except if the skills are the factors that the test purports to measure.
G. Notwithstanding any other provision of this article, it is not an unlawful employment practice:
1. For an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or classify or refer for employment any individual, or for an employer, labor organization or joint labor‑management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of the individual's religion, sex or national origin in those certain instances when religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
2. For any school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school, college, university or other educational institution or institution of learning is in whole or in substantial part owned, supported, controlled or managed by a particular religion or religious corporation, association or society, or if the curriculum of the school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.
3. For an employer to fail or refuse to hire or employ any individual for any position, for an employment agency to fail or refuse to refer any individual for employment in any position or for a labor organization to fail or refuse to refer any individual for employment in any position, if both of the following apply:
(a) The occupancy of the position or access to the premises in or upon which any part of the duties of the position are performed or are to be performed is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President of the United States.
(b) The individual has not fulfilled or has ceased to fulfill that requirement.
4. With respect to age, for an employer, employment agency or labor organization:
(a) To take any action otherwise prohibited under subsection B, C or D of this section if age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or if the differentiation is based on reasonable factors other than age.
(b) To observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, deferred compensation or insurance plan, which is not a subterfuge to evade the purposes of the age discrimination provisions of this article, except that no employee benefit plan may excuse the failure to hire any individual and no seniority system or employee benefit plan may require or permit the involuntary retirement of any individual specified by section 41‑1465 because of the individual's age.
(c) To discharge or otherwise discipline an individual for good cause.
H. As used in this article, unlawful employment practice does not include any action or measure taken by an employer, labor organization, joint labor‑management committee or employment agency with respect to an individual who is a member of the communist party of the United States or of any other organization required to register as a communist‑action or communist‑front organization by final order of the subversive activities control board pursuant to the subversive activities control act of 1950.
I. Notwithstanding any other provision of this article, it is not an unlawful employment practice:
1. For an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that these differences are not the result of an intention to discriminate because of race, color, religion, sex or national origin.
2. For an employer to give and act upon the results of any professionally developed ability test provided that the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin.
3. For any employer to differentiate upon the basis of sex or disability in determining the amount of the wages or compensation paid or to be paid to employees of the employer if the differentiation is authorized by the provisions of section 6(d) or section 14 of the fair labor standards act of 1938, as amended (29 United States Code section 206(d)).
J. Nothing contained in this chapter applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation.
K. Nothing contained in this article or article 6 of this chapter requires any employer, employment agency, labor organization or joint labor‑management committee subject to this article to grant preferential treatment to any individual or group because of the race, color, religion, sex or national origin of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex or national origin in any community, state, section or other area, or in the available work force in any community, state, section or other area.
L. Nothing in the age discrimination prohibitions of this article may be construed to prohibit compulsory retirement of any employee who has attained sixty‑five years of age and who, for the two year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan or any combination of plans of the employer for the employee, which equals, in the aggregate, at least forty‑four thousand dollars. In applying the retirement benefit test of this subsection, if any retirement benefit is in a form other than a straight life annuity, with no ancillary benefits, or if employees contribute to the plan or make rollover contributions, the benefit shall be adjusted in accordance with rules adopted by the division so the benefit is the equivalent of a straight life annuity, with no ancillary benefits, under a plan to which employees do not contribute and under which no rollover contributions are made.
M. A covered entity may require that an individual with a disability shall not pose a direct threat to the health or safety of other individuals in the workplace. For the purposes of this subsection, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
N. This article does not alter the standards for determining eligibility for benefits under this state's worker's compensation laws or under state and federal disability benefit programs.
N. O. For the purposes of this section and section 41‑1481, with respect to employers or employment practices involving a disability, "individual" means a qualified individual with a disability.
Sec. 8. Title 41, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 41-1468, to read:
41-1468. Interpretation of disability and substantially limits; definitions
A. A person shall define and construe a disability in favor of broad coverage of individuals under this article to the maximum extent permitted by the terms of this article.
B. A person shall interpret substantially limits consistently with the findings and purposes of the ADA amendments act of 2008 (P.L. 110-325; 122 stat. 3553).
C. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
D. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
E. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as:
1. Medication, medical supplies, equipment or appliances, low-vision devices, excluding ordinary eyeglasses or contact lenses, prosthetics, including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices or oxygen therapy equipment and supplies.
2. Use of assistive technology.
3. Reasonable ACCOMMODATIONS or auxiliary aids or services.
4. Learned behavioral or adaptive neurological modifications.
F. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
G. For the purposes of this section:
1. "Low-vision devices" means devices that magnify, enhance or otherwise augment a visual image.
2. "Ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error.
Sec. 9. Section 41-1491, Arizona Revised Statutes, is amended to read:
41-1491. Definitions
In this article, unless the context otherwise requires:
1. "Aggrieved person" includes any person who either:
(a) Claims to have been injured by a discriminatory housing practice.
(b) Believes that he will be injured by a discriminatory housing practice that is about to occur.
2. "Complainant" means a person, including the attorney general, who files a complaint under section 41‑1491.22.
3. "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general.
4. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
5. "Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. Disability shall be defined and construed as the term is defined and construed by the Americans with disabilities act of 1990 (P.L. 101‑336) and the ADA amendments act of 2008 (P.L. 110‑325; 122 Stat. 3553).
6. "Discriminatory housing practice" means an act prohibited by sections 41‑1491.14 through 41‑1491.21.
7. "Dwelling" means either:
(a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families.
(b) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subdivision (a) of this paragraph.
8. "Family" includes a single individual.
9. "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions.
10. "Respondent" means either:
(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice.
(b) Any person identified as an additional or substitute respondent under section 41‑1491.25 or an agent of an additional or substitute respondent.
11. "To rent" includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
Sec. 10. Section 41-1492, Arizona Revised Statutes, is amended to read:
41-1492. Definitions
In this article, unless the context otherwise requires:
1. "Americans with disabilities act" means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110‑325; 122 Stat. 3553).
2. "Auxiliary aids and services" includes:
(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
(b) Qualified readers, taped text or other effective methods of making visually delivered materials available to individuals with visual impairments.
(c) Acquisition or modification of equipment or devices.
(d) Other similar services and actions.
3. "Being regarded as having such a physical or mental impairment":
(a) Means an individual who establishes that the individual has been subjected to an action prohibited under this article because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
(b) Does not mean an impairment that is transitory and minor. For the purposes of this subdivision, "transitory impairment" means an impairment with an actual or expected duration of six months or less.
3. 4. "Commercial facilities" means facilities that are intended for nonresidential use and that do not meet the definition of either a public accommodation or a public entity. Commercial facilities do not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars, railroad rights‑of‑way or facilities that are covered or expressly exempted from coverage under this article.
4. 5. "Demand responsive system" means any system of providing the transportation of individuals by a vehicle, other than a system that is a fixed route system.
5. 6. "Disability" means, with respect to an individual, any of the following:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(b) A record of such an impairment.
(c) Being regarded as having such an impairment.
6. 7. "Fixed route system" means a system of providing the transportation of individuals by, other than by aircraft, a vehicle that is operated along a prescribed route according to a fixed schedule.
8. "Major life activities" includes:
(a) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
(b) The operation of a major bodily function, including functions of the immune system, normal cell growth and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
7. 9. "Over‑the‑road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment.
8. 10. "Private entity" means any entity other than a public entity.
9. 11. "Public accommodation" includes any:
(a) Inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor.
(b) Restaurant, bar or other establishment serving food or drink.
(c) Motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment.
(d) Auditorium, convention center, lecture hall or other place of public gathering.
(e) Bakery, grocery store, clothing store, hardware store, shopping center or other sales or retail establishment.
(f) Laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment.
(g) Terminal, depot or other station used for specified public transportation.
(h) Museum, library, gallery or other place of public display or collection.
(i) Park, zoo, amusement park or other place of recreation.
(j) Nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education.
(k) Day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment.
(l) Gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.
10. 12. "Public entity" means any:
(a) State or local government.
(b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature.
11. 13. "Rail" or "railroad" has the meaning given the term "railroad" in section 202(e) of the federal railroad safety act of 1970 (45 United States Code section 431(e)).
12. 14. "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:
(a) The nature and cost of the action needed under this article.
(b) The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources or the impact otherwise of such action on the operation of the facility.
(c) The overall financial resources of the covered entity.
(d) The overall size of the business of a covered entity with respect to the number of its employees.
(e) The number, type and location of the covered entity's facilities.
(f) The type of operation or operations of the covered entity, including the composition, structure and functions of the facilities in question to the covered entity.
13. 15. "Specified public transportation" means transportation by bus, rail or any other conveyance, other than aircraft, that provides the general public with general or special service, including charter service, on a regular and continuing basis.
14. 16. "State" means the state of Arizona.
15. 17. "Vehicle" does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose or railroad car covered under this article.
Sec. 11. Section 41-1492.02, Arizona Revised Statutes, is amended to read:
41-1492.02. Prohibition of discrimination by public accommodations and commercial facilities
A. No individual may be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases, leases to others or operates a place of public accommodation.
B. It is discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of that individual or class, directly or through contractual, licensing or other arrangements:
1. To a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, advantages, privileges or accommodations of an entity.
2. To the loss of an opportunity to participate in or benefit from goods, services, facilities, privileges, advantages or accommodations that are not equal to that those afforded to other individuals.
3. To a good, service, facility, privilege, advantage or accommodation that is different or separate from that provided to other individuals, unless the action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, accommodation or other opportunity that is as effective as that provided to others. For the purposes of this subsection, "individual" or "individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.
C. Goods, services, facilities, privileges, advantages and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
D. Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in programs or activities that are not separate or different. Nothing in this article shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity or benefit that the individual chooses not to accept.
E. An individual or entity, directly or through contractual or other arrangements, shall not utilize standards or criteria or methods of administration that:
1. Have the effect of discriminating on the basis of disability.
2. Perpetuate the discrimination of others who are subject to common administrative control.
F. It is discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
G. For the purposes of this subsection A of this section, "discriminatory" "discriminated against" includes:
1. The imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages or accommodations, unless these criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages or accommodations being offered.
2. A failure to make reasonable modifications in policies, practices or procedures, if these modifications are necessary to afford these goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless the entity can demonstrate that making these modifications would fundamentally alter the nature of these goods, services, facilities, privileges, advantages or accommodations.
3. A failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of reasonable modifications in policies, practices or procedures or auxiliary aids and services, unless the entity can demonstrate that taking these steps would fundamentally alter the nature of the goods, service, facility, privilege, advantage or accommodation being offered or would result in an undue burden.
4. A failure to remove architectural barriers and communication barriers that are structural in nature in existing facilities and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift if the removal is readily achievable.
5. If an entity can demonstrate that the removal of a barrier under paragraph 4 of this subsection is not readily achievable, a failure to make these goods, services, facilities, privileges, advantages or accommodations available through alternative methods if these methods are readily achievable.
G. H. It is discriminatory for a private entity that operates a fixed route system and that is not subject to section 304 of the Americans with disabilities act to purchase or lease a vehicle with a seating capacity in excess of sixteen passengers, including the driver, for use on this system, for which a solicitation is made after the effective date of this article September 30, 1992, that is not readily accessible to and usable by individuals with disabilities including individuals who use wheelchairs. If a private entity that operates a fixed route system and that is not subject to section 41‑1492.04 purchases or leases a vehicle with a seating capacity of sixteen passengers or less, including the driver, for use on such system after the effective date of this article september 30, 1992 that is not readily accessible to or usable by individuals with disabilities, it is discriminatory for this entity to fail to operate this system so that, if viewed in its entirety, this system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. Fixed route and demand response systems do not apply to over‑the‑road buses. For the purposes of this subsection, "discriminatory" includes:
1. A failure of a private entity that operates a demand responsive system and that is not subject to section 41‑1492.04 to operate the system so that, if viewed in its entirety, the system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.
2. The purchase or lease by the entity for use on the system of a vehicle with a seating capacity in excess of sixteen passengers, including the driver, for which solicitations are made after the effective date of this article september 30, 1992, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the entity can demonstrate that the system, if viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.
3. The purchase or lease of an over‑the‑road bus that does not comply with section 306(a)(2) of the Americans with disabilities act by a private entity that provides transportation of individuals and that is not primarily engaged in the business of transporting people and any other failure of the entity to comply with section 306(a)(2) of the Americans with disabilities act.
H. I. Nothing in this article requires an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of the entity if the individual poses a direct threat to the health or safety of others. In For the purposes of this subsection, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.
Sec. 12. Title 41, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 41-1492.12, to read:
41-1492.12. Interpretation of disability and substantially limits; definitions
A. A person shall define and construe a disability in favor of broad coverage of individuals under this article to the maximum extent permitted by the terms of this article.
B. A person shall interpret substantially limits consistently with the findings and purposes of the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).
C. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
D. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
E. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as:
1. Medication, Medical supplies, equipment or appliances, low-vision devices, excluding ordinary eyeglasses or contact lenses, prosthetics, including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices or oxygen therapy equipment and supplies.
2. Use of assistive technology.
3. Reasonable accommodations or auxiliary aids or services.
4. Learned behavioral or adaptive neurological modifications.
F. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
G. For the purposes of this section:
1. "Low-vision devices" means devices that magnify, enhance or otherwise augment a visual image.
2. "Ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error.
