Bill Text: AZ SB1500 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Industrial commission of Arizona; omnibus
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2016-05-19 - Chapter 356 [SB1500 Detail]
Download: Arizona-2016-SB1500-Introduced.html
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REFERENCE TITLE: industrial commission of Arizona; omnibus |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1500 |
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Introduced by Senator Yee; Representative Petersen: Senators Allen S, Cajero Bedford, Farnsworth D, Meza, Miranda, Worsley
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AN ACT
amending sections 23‑101, 23‑108, 23‑108.01, 23‑108.03 and 23‑407, arizona revised statues; amending section 23‑407, arizona revised statutes, as amended by section 5 of this act; amending section 23‑408, arizona revised statutes; Repealing section 23‑432, Arizona Revised Statutes; providing for transferring and renumbering; amending sections 23‑1081 and 36‑414, Arizona Revised Statutes; amending title 36, chapter 7.1, Arizona Revised Statutes, by adding article 3.1; amending sections 36‑896.01, 36‑896.02, 36‑896.03, 36‑896.04, 36‑896.05, 36‑896.06, 36‑896.07, 36‑896.08, 36‑896.09, 36‑896.10, 36‑896.11, 36‑896.12, 36‑896.13 and 41‑191.10, Arizona Revised Statutes, as transferred and renumbered; repealing sections 41‑3016.01, 41‑3016.02, 41‑3016.03 and 41‑3016.05, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding sections 41‑3018.22, 41‑3024.16, 41‑3024.17 and 41‑3024.19; relating to the industrial commission of arizona.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-101, Arizona Revised Statutes, is amended to read:
23-101. Industrial commission; members; qualifications; appointment; terms; compensation; removal
A. There shall be an industrial commission of Arizona.
B. The commission shall be composed of five members
appointed by the governor pursuant to section 38‑211. Each
member shall be appointed for a term of five years. The terms of the members serving on the commission on the
effective date of this section shall terminate January 8, 1969. Of
the members of the commission first appointed, one shall serve for a term
ending January 8, 1970, and one each for terms ending one, two, three, and four
years thereafter. Thereafter one term shall Members' terms expire on the
third Monday in January of each the appropriate year. Not
more than three members of the commission shall belong to the same political
party. The chairman of the commission shall be appointed by and
serve at the pleasure of the governor. The members of the commission shall
have been residents of the state for at least five years immediately preceding their original
appointment.
C. Each commissioner shall receive a salary of fifty
dollars per day for each day in which he performs
his duties as a commissioner the commissioner prepares for or attends a
commission meeting. To receive the salary provided in this subsection, each
commissioner shall provide documentation to the director of the commission that
explains what commission duties were completed for the day in which the
commissioner is seeking a salary.
D. The governor may remove a member of the commission for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office.
Sec. 2. Section 23-108, Arizona Revised Statutes, is amended to read:
23-108. Director; employees; compensation and expenses
A. The commission shall employ a director who is subject to confirmation by the senate appointed by the governor pursuant
to section 38‑211 and who serves at the pleasure of the governor. Subject
to title 41, chapter 4, article 4, the director may employ such personnel as deemed necessary by the
provisions of this chapter and
chapters 1, 2 and 6 and article 2 of chapter 3 of
this title.
B. The compensation of the director shall be as determined
pursuant to section 38‑611. The director shall have such
administrative ability, education and training as the commission
determines. The director shall serve at the
pleasure of the governor.
C. The compensation of the director and commission employees and payment of subsistence and travel expenses allowed by law shall be paid from the administrative fund.
Sec. 3. Section 23-108.01, Arizona Revised Statutes, is amended to read:
23-108.01. Powers and duties of director
A. The
director of the commission,
under the supervision of the commission, shall administer the policies, powers
and duties of the commission as prescribed by this chapter and chapters 1, 2 and 6 and article 2 of
chapter 3 of this title.
B. The director of the commission may deny the salary of a commissioner if the commissioner does not provide documentation that explains what commission duties were completed for the day in which the commissioner is seeking a salary or if the commission duties were not related to preparing for or attending a commission meeting.
Sec. 4. Section 23-108.03, Arizona Revised Statutes, is amended to read:
23-108.03. Performance of certain powers and duties
A. The industrial commission shall be responsible for determining the policy of the commission.
B. Any powers and duties prescribed by law to the
commission in this chapter
and chapters 1, 2 and 6 and article 2 of chapter 3 of this title, whether
ministerial or discretionary, may by resolution be delegated by the commission
to the director or any of its department heads or assistants, provided, that
the commission shall not delegate its power or duty to:
1. Make rules and regulations.
2. Commute awards to a lump sum.
3. License self‑insurers.
C. The commission shall be responsible for the official acts of its employees acting in the name of the commission and by its delegated authority.
Sec. 5. Section 23-407, Arizona Revised Statutes, is amended to read:
23-407. Duties and powers of the division
The division on behalf of the commission shall:
1. Recommend all standards, rules or changes
thereto, pursuant to section 23‑410, to the commission for its the
commission's approval or disapproval.
2. Have the authority to enforce all such standards
or rules, after their adoption by the
commission, pursuant to the procedures and requirements of this article.
3. Implement an occupational safety and health
program, which shall include, but not be limited to,
that includes the
following duties and responsibilities:
(a) Development of a statewide occupational safety and health education and training program to acquaint employers, supervisors, employees and employee representatives with the most modern and effective techniques of accident prevention and occupational health control.
(b) Development of training programs for employees of the division, and where necessary develop certification programs for recognition of competent, trained personnel.
(c) Planning, organizing, conducting or attending occupational safety and health seminars, conferences and meetings designed for management, supervisory personnel, employees and employer representatives and establishing liaison with other safety and health groups as may be necessary.
(d) Definition and establishment of necessary research projects.
(e) Arrangement and procurement of necessary contractual services and training aids.
(f) Development of specific occupational safety and health programs for employer and employee representative groups.
4. Develop and maintain an effective program of
collection, compilation and analysis of occupational safety and health
statistics. The division shall compile statistics on work injuries and
illnesses which that shall include all disabling, serious or
significant injuries and illnesses whether or not involving loss of time from
work, other than minor injuries requiring only first aid treatment and which that
do not involve medical treatment, loss of consciousness, restriction of
work or motion or transfer to another job.
5. Coordinate the responsibilities and functions of other state agencies and political subdivisions of the state with regard to occupational safety and health in order to develop a comprehensive statewide program.
6. Contract with the office of administrative hearings to conduct hearings and adjudicate contested cases on an employer filing a notice of contest of a citation pursuant to this article.
Sec. 6. Section 23-407, Arizona Revised Statutes, as amended by section 5 of this act, is amended to read:
23-407. Duties and powers of the division
The division on behalf of the commission shall:
1. Recommend all standards, rules or changes thereto, pursuant to section 23‑410, to the commission for the commission's approval or disapproval.
2. Have the authority to enforce all such standards or rules, after adoption by the commission, pursuant to the procedures and requirements of this article.
3. Implement an occupational safety and health program that includes the following duties and responsibilities:
(a) Development of a statewide occupational safety and health education and training program to acquaint employers, supervisors, employees and employee representatives with the most modern and effective techniques of accident prevention and occupational health control.
(b) Development of training programs for employees of the division, and where necessary develop certification programs for recognition of competent, trained personnel.
(c) Planning, organizing, conducting or attending occupational safety and health seminars, conferences and meetings designed for management, supervisory personnel, employees and employer representatives and establishing liaison with other safety and health groups as may be necessary.
(d) Definition and establishment of necessary research projects.
(e) Arrangement and procurement of necessary contractual services and training aids.
(f) Development of specific occupational safety and health programs for employer and employee representative groups.
4. Develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. The division shall compile statistics on work injuries and illnesses that shall include all disabling, serious or significant injuries and illnesses whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and that do not involve medical treatment, loss of consciousness, restriction of work or motion or transfer to another job.
5. Coordinate the responsibilities and functions of other state agencies and political subdivisions of the state with regard to occupational safety and health in order to develop a comprehensive statewide program.
6. Contract with the
office of administrative hearings to conduct hearings and adjudicate contested
cases on an employer filing a notice of contest of a citation pursuant to this
article.
Sec. 7. Section 23-408, Arizona Revised Statutes, is amended to read:
23-408. Inspection of places and practices of employment; closing conference; prohibitions; employee initiation of investigation; violation; classification; injunction
A. The director of the division of occupational
safety and health, or his the director's authorized
representative, upon on presentation of
credentials, shall be permitted to inspect places of employment, question
employees and investigate conditions, practices or matters in connection with
employment subject to this article at reasonable times, as he the
director or the director's authorized representative may deem
appropriate to determine whether any person has violated any provision of this
article or any rule or regulation issued thereunder
pursuant to this article or
that may aid in the enforcement of the provisions of this article. No An
employer or other person shall not refuse to admit the director or his the
director's authorized representatives to any such
place or refuse to permit any such the inspection if the proper
credentials are presented and the inspection is made at a reasonable time.
B. The director or his
the director's authorized
representative shall inspect at least every six months any operation that mixes
rock, sand, gravel or similar materials with water and cement or with asphalt
and that is not included in the definition of mine in section 27‑301. The
director or his the director's authorized representative shall
monitor and work with the mine inspector only to the extent necessary to ensure
the this state's compliance with federal occupational safety and
health act standards, (P.L. 91‑596).
C. Notice of an intended inspection shall not be
given to an employer prior to before the time of actual
entry upon on the workplace, except by specific
authorization by the director.
D. A representative of the employer and a
representative authorized by his the employer's employees
shall be given an opportunity to accompany the director or his the
director's authorized representative during the physical inspection of
any workplace for the purpose of aiding such
the inspection. Where
there is no authorized employee representative, the director or his the
director's authorized representative shall consult a reasonable number
of employees concerning matters of safety and health in the workplace.
E. Except as provided in section 23‑426, information and facts developed by the commission, the director or any employee of the commission or division in the course of any inspection or investigation are public records subject to inspection pursuant to title 39, chapter 1, article 2, if, pursuant to section 23‑415, subsection D, the inspection or investigation has been closed or a citation has been issued. Such information and facts shall not be admissible in any court or before any administrative body except pursuant to this article. Notwithstanding this subsection, the director or any commission employee is not required to appear at any deposition, trial or hearing concerning a division inspection or investigation unless the appearance is related to a hearing held pursuant to this article. Hearings held pursuant to this article are open to the public.
F. During the inspection or investigation and in deciding whether to recommend and issue a citation, the director or the director's authorized representative and the commission may consider whether an employee has committed misconduct by violating the employer's policies, if any, regarding substance abuse while working, as evidenced by the results of testing for substance abuse or other evidence of impairment while working.
G. An employee of the division or the commission may not:
1. Before, during or after an inspection or investigation, communicate to an employer that the employer should not or does not need to be represented by an attorney or that the employer may be treated more favorably by the division or the commission if the employer is not represented by an attorney.
2. record a person without that person's knowledge and consent and without informing the person of the person's right to receive a copy of the recording.
F. H. An employee or
a representative of employees who believes that a violation of a safety or
health standard or regulation exists that threatens physical harm or that an
imminent danger exists may request an investigation by giving notice to the
director or his the director's authorized representative of such the
violation or danger. Any such
notice shall be reduced to in writing, shall set forth with reasonable particularity the
grounds for the notice and shall be
signed by the employees or representative of the employees. Upon on
the request of the employee giving such
the notice, his the
employee's name and the names of other employees referred to therein in the notice shall not appear on any copy of such the
notice or any record published, released or made
available. If upon on receipt of such notification the notice the director determines that there
are reasonable grounds to believe that such
the violation or
danger exists, he the director shall make an investigation
in accordance with the provisions of this article as soon as practicable to
determine if such the violation or danger
exists. If the director determines there are no reasonable grounds
to believe that a violation or danger exists, he
the director shall
notify the employees or representative of the employees in writing of such a the determination.
G. I. Any person who
violates any provision of this section is guilty of a class 2 misdemeanor.
H. J. The commission,
or its the commission's authorized representative, in
addition to initiating an action under subsection F
H of this section, may file in the superior court in the county
where the inspection was refused a verified complaint against an employer who
violates subsection A of this section and request an injunction against
continued refusal to permit an inspection.
Sec. 8. Repeal
Section 23‑432, Arizona Revised Statutes, is repealed.
Sec. 9. Transfer and renumber
The following sections are transferred and renumbered for placement in title 36, chapter 7.1, article 3.1, as added by this act:
Former Sections New Sections
23‑523.................................... 36‑896.01
23‑524.................................... 36‑896.02
23‑526.................................... 36‑896.03
23‑527.................................... 36‑896.04
23‑528.................................... 36‑896.05
23‑529.................................... 36‑896.06
23‑530.................................... 36‑896.07
23‑531.................................... 36‑896.08
23‑532.................................... 36‑896.09
23‑533.................................... 36‑896.10
23‑534.................................... 36‑896.11
23‑535.................................... 36‑896.12
23‑536.................................... 36‑896.13
Sec. 10. Section 23-1081, Arizona Revised Statutes, is amended to read:
23-1081. Administrative fund; purposes and administration
A. The administrative fund is established to provide
for all expenses of the industrial commission in carrying out its powers and
duties under this title. Except for
monies from cash deposits or surety bonds in the separate account established
by section 23‑527, The administrative fund and expenditures
therefrom shall be subject to budgetary review and legislative appropriation as
expenditures from other state funds. Vouchers or claims prepared for
any purpose other than for payment of benefits shall be processed as prescribed
by section 35‑181.01 and the rules of the director of the department of
administration. The industrial commission shall annually fix the
rate of the tax, not to exceed three per cent percent, to be paid to the
state treasurer for credit to the administrative fund pursuant to section 23‑961,
subsection G in an amount that is no not more than necessary to
cover the actual expenses of the industrial commission in carrying out its
powers and duties under this title. Monies for expenditure from the
administrative fund shall be appropriated by the legislature. All money and
securities in the fund shall be held in trust and invested by the treasurer.
B. The administrative fund shall be no less than at least self‑supporting with respect to the expenses
of the industrial commission and other expenditures from the administrative
fund as provided under this chapter. Unless the special fund established by
section 23‑1065 is not on an actuarially sound basis as determined
pursuant to section 23‑1065, subsection I, any surplus or deficit in the
revenue provided under section 23‑961 above or below the expenses of the
industrial commission and other expenditures from the administrative fund as
provided under this chapter shall be included in the calculation of the rate to
be fixed for the following year pursuant to section 23‑961, subsection
G. If the special fund is not on an actuarially sound basis as
determined pursuant to section 23‑1065, subsection I, notwithstanding any
other provision of this section, at least once each fiscal year, the industrial
commission shall determine if there is a surplus in the revenue provided under
section 23‑961 that is greater than the expenses of the industrial
commission and other expenditures from the administrative fund as provided
under this chapter. On notice from the industrial commission to the
state treasurer, the surplus shall be transferred to the special fund.
Sec. 11. Section 36-414, Arizona Revised Statutes, is amended to read:
36-414. Health services licensing fund; exemption
A. The health services licensing fund is established consisting of monies deposited pursuant to sections 36‑405, 36‑882, 36‑896.04, 36‑897.01 and 36‑1903. The department of health services shall administer the fund.
B. Monies in the fund are subject to legislative appropriation.
C. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 12. Title 36, chapter 7.1, Arizona Revised Statutes, is amended by adding article 3.1, to read:
ARTICLE 3.1. NANNY AND SITTER SERVICE LICENSING
36-896. Definitions
In this article, unless the context otherwise requires:
1. "Department" means the department of health services.
2. "Director" means the director of the department of health services.
3. "Nanny or sitter service" means a person that for a fee, commission or charge collected from a person seeking employment as a nanny or sitter furnishes to a person seeking employment information to enable the person seeking employment to secure employment, furnishes to an employer seeking a nanny or sitter any information to enable the employer to secure a nanny or sitter or keeps a register of persons seeking employment or a nanny or sitter. Nanny or sitter service does not include:
(a) An employer who procures the employer's own help.
(b) An employee of an employer who procures the employer's own help and does not act in a similar capacity for another employer.
(c) A person that does not charge or collect a fee or commission from a person seeking employment or for assisting that person to obtain employment.
(d) A person that satisfies all of the following:
(i) Is engaged in the business of providing electronic media services.
(ii) Provides classified listings or performs employment research, or both, for employers or persons seeking employment.
(iii) Does not charge or collect a fee or commission for the successful placement of a person seeking employment.
(e) A recognized labor union.
Sec. 13. Section 36-896.01, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.01. Powers and duties of the department
The commission department shall:
1. Fix and order
reasonable Adopt rules
promulgated by the advisory council and approved by
the commission for the conduct of the business of employment agents nanny or sitter services as necessary to carry
out the provisions of this article.
2. With the advice of the
advisory council, prescribe the form of books, registers or records to be kept
by the employment agent, the reports to be made to the commission and the
refunds to be made to applicants who fail to secure employment.
3. 2. Order other
measures reasonably necessary to protect the public,
and persons seeking employment or
employees seeking help, against fraud, misrepresentation or other
unauthorized acts of an employment agent a nanny or sitter service.
3. Supervise nanny or sitter services to the extent necessary to enforce and administer all laws or any lawful order designed to prevent fraud, misrepresentation, false statements or other unauthorized acts of a nanny or sitter service.
Sec. 14. Section 36-896.02, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.02. Investigative powers of the department
A. A commissioner or deputy of the commission The director or the director's
agent may at any reasonable time enter the place of business of an employment agent a nanny or sitter service for the purpose of
examining the records or registers kept by the employment
agent nanny or
sitter service and bring to the attention of the agent service
any law, or rule or regulation as promulgated
by the advisory council
adopted by the department, or failure on the part of the employment agent nanny or sitter service to comply therewith with any law or rule. An
employment agent A
nanny or sitter service shall not refuse admittance to a commissioner the director or deputy of the
commission the
director's agent to the agent's nanny or sitter service's place
of business.
B. An employment agent
a nanny or sitter service receiving
from the commission forms calling for
information required by the commission department in carrying out the provisions of this article,
with directions to complete them, shall answer fully and correctly each
question therein propounded in the form, and if unable
to answer any question, shall give a good and sufficient reason for such failure to answer the question. All such answers shall be verified by two witnesses,
and returned to the commission department within the period
fixed by the commission department.
Sec. 15. Section 36-896.03, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.03. License; examination
A. No A person, firm, association
or corporation shall not act
as an employment
agent A nanny or
sitter service for profit, or receive any fee, charge, commission or
other compensation, directly or indirectly, for services as an employment agent
A nanny or sitter service
without first obtaining from the industrial commission a license therefor from the department, as
provided in this article.
B. Prior to Before the initial issuance
of an employment agent
a nanny or sitter service
license, those persons determined by the commission
department to be
involved in the actual operation of the employment
agent nanny or
sitter service shall take a written examination prepared by the director
with the assistance of the advisory council. The
examination shall be given at least once each month and shall be designed to
demonstrate to the commission department that the person
has sufficient knowledge of the applicable laws and regulations rules, including,
but not limited to:
1. Laws pertaining to employment
agents nannies and
sitters.
2. Rules and
regulations pertaining to employment
agents nannies and
sitters.
3. Laws pertaining to employment discrimination.
4. Other pertinent labor laws.
Sec. 16. Section 36-896.04, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.04. Application for license; cash deposit or surety bond; deposit
A. A person, firm, corporation or association
desiring a nanny or sitter
service license as employment agent
shall make application apply for a license to the industrial commission department, and shall accompany the
application with a minimum cash deposit of one thousand dollars or surety bond
in the amount determined by the commission department, not to
exceed five thousand dollars, conditioned that the agent
nanny or sitter service will
conform in all particulars to the requirements of law relating to the business
of employment agent a nanny or sitter service. The
cash deposit or surety bond shall at all times be maintained at the minimum of
one thousand dollars or the amount determined by the commission department
not to exceed five thousand dollars.
B. Cash deposits received by the industrial commission department pursuant to subsection A of this
section shall be deposited as a separate account in the administrative fund established by section 23‑1081. Monies
in the separate account are continuously appropriated for the purposes provided health services licensing fund
established by section 36‑414.
Sec. 17. Section 36-896.05, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.05. Annual renewal of license; annual fees
A. Each license shall be valid for one year from after the date of issue and may be renewed
annually for a like period of time. The commission
department shall give
the licensee forty‑five days' prior
written notice of before the expiration of the license.
B. Every employment
agency nanny or
sitter service licensed under the provisions
of this article shall pay a fee for an initial license or renewal
license as follows:
1. For an agency a nanny or sitter service with
fewer than three placement counselors, one hundred dollars.
2. For an agency a nanny or sitter service operating
with three to eight placement counselors, two hundred dollars.
3. For an agency a nanny or sitter service operating
with more than eight placement counselors, three hundred dollars.
C. For the purpose of determining the annual license
fee which an employment agency that a nanny or sitter service shall
pay, the applicant shall state in its the application, the average
number of placement counselors employed by the applicant's employment agency nanny or sitter service during the preceding
licensed year. In the event
that if the
applicant has not previously conducted an
employment agency a nanny or sitter service under the provisions of this article, he the
applicant shall state the average number of placement counselors which he that the applicant reasonably expects will be employed by the
employment agency nanny or sitter service during the year
for which the license is to be issued. All fees shall be paid to the
industrial commission, department
and deposited, pursuant to sections 35‑146 and 35‑147, in the state
general fund.
Sec. 18. Section 36-896.06, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.06. Revocation of license; hearing; notice of findings; appeal
A. The industrial
commission department
may take disciplinary action against a licensee charged with the
commission of any of the following acts:
1. Fraud or misrepresentation in the application or qualification examination for a license.
2. Gross negligence, incompetence, bribery or other
misconduct in his the profession.
3. Aiding or abetting an unlicensed person to evade the provisions of this article or knowingly combining or conspiring with an unlicensed person, or allowing one's registration to be used by an unlicensed person or acting as agent, partner, associate or otherwise, of an unlicensed person with intent to evade provisions of this article.
B. The industrial
commission department
shall have authority to make investigations, employ investigators and
conduct hearings to determine whether a license issued under this article
should be revoked or suspended upon on a complaint made in
writing and under oath.
when if the industrial commission department receives an oral
or written complaint not made under oath, investigates such the
complaint and determines that there is sufficient evidence to warrant a
hearing, the commission department may direct the secretary to file a verified verify the complaint
charging the licensee with commission of an offense under this article subject
to disciplinary action. The secretary department shall then serve upon on
the accused, by registered mail, a copy of the complaint setting forth
the charge or charges to be heard and notice of the time and place of the hearing. The
hearing shall be held no sooner than at least thirty days after
the mailing of the notice.
C. The accused may appear personally or by his the
accused's attorney at the hearing, present witnesses and evidence in his the
accused's defense and cross‑examine witnesses.
D. If a majority of the
members of the commission
determine department determines that the licensee
has committed a violation, the commission
department shall
revoke or suspend the license or, in lieu of revocation or suspension, levy a
fine of not to exceed more than one thousand dollars. The revoked or suspended license may be reissued upon the
affirmative vote of a majority of the members of the commission. If
the license of an agent who licensee is a principal of a
firm or executive officer of a corporation and the licensee's license is suspended or revoked for cause
attributable to the firm or corporation, such
the revocation or
suspension may be deemed just cause for revocation or suspension of the
licenses of all or any other principal or officers of the firm or corporation.
E. Decisions of the industrial
commission department
under this section shall be subject to judicial review pursuant to title
12, chapter 7, article 6.
Sec. 19. Section 36-896.07, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.07. Filing of schedule of fees or charges; regulation
A. Every applicant for a license shall file with the
commission department, within a time fixed by the commission department, a schedule of the fees or charges made by the employment agent nanny or sitter service to applicants for
employment and for help for any services rendered to the applicants, together
with all rules or regulations that may in any manner affect the fees charged or
to be charged for any service.
B. No A license shall not be issued or renewed to
an applicant unless such the fees and rules or
regulations are reasonable.
C. It is unlawful for an
employment agent a
nanny or sitter service to charge, demand, collect or receive a greater
compensation for any service performed by him
the nanny or sitter service
other than the fees specified
in the schedule filed with the commission department, and no employment agent a nanny or sitter service shall not charge a registration
fee without permission from the commission department.
D. Nothing in
This article shall be construed to does not regulate employer paid employer‑paid fees.
Sec. 20. Section 36-896.08, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.08. Applicant's receipt for services of agent
A. Every nanny or sitter service licensee conducting
an employment agency shall give every applicant for employment from
whom a fee is received, a receipt which shall state
that states the name
and address of the employment agent nanny or sitter service,
the name of the applicant, the date, and
the amount of the fee. There shall be printed on the face of the
receipt in prominent type the following: "This agency
nanny or sitter service is licensed by the industrial
commission department
of health services of the state of Arizona."
B. All receipts shall be made and numbered in
original and duplicate. The original shall be given to the applicant
paying the fee and the duplicate shall be kept on file at the employment agency nanny or sitter service. The
receipts used by the licensed agents nanny or sitter service licensee
shall be approved by the commission department.
Sec. 21. Section 36-896.09, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.09. Return of fee to applicant
A. No employment agent,
or agent thereof, A
nanny or sitter service shall not send an applicant out for employment without having a
bona fide order from the prospective employer to do so.
B. If an applicant is sent out and fails to obtain
employment as represented the employment agent
nanny or sitter service shall,
upon on demand, refund any fee the applicant has paid.
C. If the employment
agent nanny or
sitter service refuses or fails to make a prompt refund, upon on
demand, as provided in this section, the applicant may apply to the commission department for a hearing. If the commission upon department on investigation finds that the
applicant is entitled to a refund,
it the department shall issue an order to that effect, and shall pay the refund
to the applicant from the cash deposit or bond of the employment agent nanny or sitter service. Either
party to any such the controversy may appeal within five
days from after the issuance of an order to the superior
court of the county in which the business of the employment
agent nanny or
sitter service is located.
Sec. 22. Section 36-896.10, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.10. Duty of nanny or sitter service to determine truthfulness of representation made to applicants
Every employment agent nanny or sitter service shall
reasonably assure himself ensure that
any representations whatever, whether
spoken, written or advertised in printed form, which
he that the nanny
or sitter service makes with regard to any employment, work or
situation, and which leads that lead or may lead persons
to seek such employment, work or situation, are true and cover all the material
facts affecting the employment in question.
Sec. 23. Section 36-896.11, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.11. False statements or representations
A. No A person, firm, association,
corporation or any employee or agent thereof, shall not knowingly make a false statement to any
person furnishing or seeking employment regarding any employment, work or
situation, its nature, location, duration, wages or salary attached thereto, or the circumstances surrounding
the employment, work or situation.
B. No employment agent
A nanny or sitter service shall
not offer or hold himself itself out as in a position to secure or furnish employment
without having an order therefor from an employer
or misrepresent any other material matter in connection with any employment,
work or situation he the nanny or sitter service offers
or holds himself itself out in a position to secure.
Sec. 24. Section 36-896.12, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.12. Splitting of fees prohibited
No employment agent a nanny or sitter service or
employee or agent thereof shall not
divide or offer to divide, or share directly or indirectly, a fee,
charge or compensation received from an applicant for employment with an
employer, superintendent, manager, foreman
or any other person who hires help or to whom help is furnished by an employment agent the nanny or sitter service. It
is unlawful for any employer, superintendent,
manager, foreman or any other person who hires help to receive any
compensation or valuable consideration from an applicant for employment or from
an employment agent A nanny or sitter service for giving employment to the
applicant or to an employee furnished by an
employment agent a
nanny or sitter service.
Sec. 25. Section 36-896.13, Arizona Revised Statutes, as transferred and renumbered, is amended to read:
36-896.13. Violations; classification
A person, firm, association or corporation who acts as an employment agent a nanny or sitter service without a license as
provided in this article is guilty of a class 6 felony.
Sec. 26. Section 23‑521, Arizona Revised Statutes, is transferred and renumbered for placement in title 41, chapter 1, article 5, Arizona Revised Statutes, as section 41-191.10 and, as so renumbered, is amended to read:
41-191.10. Complaints and disputes regarding employment agents; definition
A. A person aggrieved by the actions of an employment agent may file a complaint with the attorney general. On receipt of the complaint the attorney general may investigate and bring action as the attorney general deems appropriate.
B. An employment agent shall include in the contract that the employment agent enters into with a person seeking employment or help a statement that the person may file a complaint with the attorney general if aggrieved by the actions of the employment agent.
C. Nothing in
This section shall be construed to does not include a
recognized labor union.
A. D. for the purposes of this section, "employment
agent":
1. Means
all persons, firms, corporations or associations which that
for a fee, commission or charge that is collected from persons seeking
employment either:
1. furnish to
persons seeking employment information enabling or tending to enable the
persons to secure employment, including vocational guidance or employment
counseling services, .
2. furnish to
employers seeking laborers or other help of any kind information enabling or
tending to enable the employers to secure help. or
3. keep a
register of persons seeking employment or help, whether the agents conduct
their operations at a fixed place of business, on the streets or as transients
and also whether the operations constitute the principal business of the agents
or only a sideline or an incident to another business.
B. 2. "Employment agent" Does not mean:
1. (a) An employer who procures help for himself only.
2. (b) An employee of such an employer who procures help for him and does not act in a similar capacity for any other employer.
3. (c) A person, firm, corporation or association that does not charge or collect a fee or commission from a person seeking employment or for assisting that person to obtain employment.
4. (d) A person, firm, corporation or association that satisfies all of the following:
(a) (i) Is engaged in the business of providing electronic media services.
(b) (ii) Provides classified listings or performs employment research, or both, for employers and persons seeking employment.
(c) (iii) Does not charge or collect a fee or commission for the successful placement of a person seeking employment.
Sec. 27. Repeal
Sections 41-3016.01, 41-3016.02, 41-3016.03 and 41-3016.05, Arizona Revised Statutes, are repealed.
Sec. 28. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding sections 41‑3018.22, 41-3024.16, 41-3024.17 and 41-3024.19, to read:
41-3018.22. Boiler advisory board; termination July 1, 2018
A. The Boiler advisory board terminates on July 1, 2018.
B. Title 23, chapter 2, article 11 is repealed on January 1, 2019.
41-3024.16. Industrial commission of Arizona; termination July 1, 2024
A. The industrial commission of Arizona terminates on July 1, 2024.
B. Title 23, chapter 1 is repealed on January 1, 2025.
41-3024.17. Occupational safety and health advisory committee; termination July 1, 2024
A. The Occupational safety and health advisory committee terminates on July 1, 2024.
B. section 23‑409 is repealed on January 1, 2025.
41-3024.19. Occupational safety and health review board; termination July 1, 2024
A. The occupational safety and health review board terminates on July 1, 2024.
B. Sections 23‑422 and 23‑423 are repealed on January 1, 2025.
Sec. 29. Purpose of the boiler advisory board
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the boiler advisory board to assist the division of occupational safety and health in drafting standards and rules for boilers and water heaters.
Sec. 30. Purpose of the industrial commission of Arizona
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the industrial commission of Arizona to promote the health, safety and welfare of employees.
Sec. 31. Purpose of the occupational safety and health advisory committee
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the occupational safety and health advisory committee to assist the industrial commission in drafting standards and rules.
Sec. 32. Purpose of the occupational safety and health review board
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the occupational safety and health review board to hear administrative appeals regarding industrial commission matters.
Sec. 33. Transfer of powers; effect
A. All employment agent licenses for nanny or sitter services issued by the industrial commission of Arizona retain their validity for the duration of their terms of validity as provided by law.
B. Rules adopted by the industrial commission of Arizona relating to employment agent licenses are effective until superseded by rules adopted by the department of health services.
C. All property, obligations, records, data and investigative findings and all appropriated monies remaining unspent and unencumbered of the industrial commission of Arizona relating to the licensing of nanny or sitter services are transferred to the department of health services and may be used for the purposes of this act.
D. The industrial commission of Arizona shall return cash deposits or surety bonds received pursuant to section 23‑527, Arizona Revised Statutes, as amended by this act, to the employment agent that made the cash deposit or surety bond, except if the employment agent is a nanny or sitter service, the cash deposit or surety bond is transferred to the department of health services.
Sec. 34. Retroactivity
Sections 28 and 29 of this act are effective retroactively to July 1, 2016.
Sec. 35. Conditional enactment; notice
A. Section 23‑407, Arizona Revised Statutes, as amended by section 6 of this act, becomes effective only if on or before December 31, 2018 the federal occupational safety and health administration publishes in the federal register pursuant to 29 Code of Federal Regulations section 1902.23 a final decision rendered under 29 Code of Federal Regulations section 1902.22 and pursuant to 29 Code of Federal Regulations section 1953 to reject the changes to this state's occupational safety and health plan prescribed in section 23‑407, Arizona Revised Statutes, as amended by section 5 of this act, that results in the exclusion of the changes from this state's federally approved occupational safety and health plan.
B. The director of the industrial commission of Arizona shall notify in writing the director of the Arizona legislative council on or before January 15, 2019 either:
1. Of the date on which the condition in subsection A was met.
2. That the condition was not met.
