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Legislative News January 29, 2013

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    Posted on: January 30th, 2013

    Arizona Capitol.

    Today, CLEAA Lobbyist and Director Lu Ebratt, assisted by Jason Winsky ,of  TPOA,  were in the Government Committee to defend Police labor rights. All Public Safety unions , with one  notable exception, were either present or  provided testimony before committee during the bulk of the 4 ½ hour hearings. Present were CLEAA, APA, FIRE and FOP.

    The following House Bills seek to systematically destroy union rights in AZ:



    By December 31, 2013, each city or town council, county board of supervisors, and fire district board is required to vote on whether to authorize payroll deductions from their employees for the payment of union dues. If the council or board fails to vote by that date, union dues may not be withheld.

    ARS Titles Affected: 9 11 48

    First sponsor: Rep. Ugenti



    Any meeting of one or more agents or officers of a public body with any agent or officer of any employee organization involving negotiations regarding the salaries or benefits of public employees or any other employment related matter are required to comply with open meeting laws. These meetings must be recorded by audiovisual means and are not subject to executive session.

    ARS Titles Affected: 38

    First sponsor: Rep. Montenegro



    Public employers must compensate public employees only for work that directly and primarily benefits the employer or the general public, and employment contracts for public employees are prohibited from including compensation for union activities. Does not prohibit public employees from receiving compensated leave time for any personal purpose if the leave time is not knowingly taken for union activities. Does not apply to any existing nonexecutory employment contracts, but conflicting terms cannot be renewed. The Attorney General and any taxpaying state resident have standing in court to compel compliance. Severability clause.

    ARS Titles Affected: 38

    First sponsor: Rep. Petersen



    HB2026 passed 6-3 on party lines but not without criticism from Republican representatives Coleman and Borrelli as to local control issues.

    HB2330 met an unusual fate; first being defeated by a 6-3 vote with Republicans Coleman and Borrelli aligning with Democrats in a significant bi-partisan effort. Then , during testimony which was threatening 2343, the Vice Chair pulled his bill while simultaneously and inexplicably a request for reconsideration by Democratic Representative Quezada (acting on behalf of a lobbyist which will be named later) forced a 2nd vote on previously defeated bill 2343 !!! Everyone in the CLEAA, APA and Fire “ camp” knew this dangerous hand to “kill” 2343 permanently caused the republicans to regroup, fall in line,  and pass this bill  by a 6-3 vote !

    Although this would appear as a loss for police labor, it established serious doubt as these bills move forward, where CLEAA will battle their existence every step of the way.  Both CLEAA and APA believe we will prevail in the final analysis.

    On Hand tomorrow in the Public Safety, Military and Regulatory affairs committee are the following bills of importance; stay tuned for a report:


    The surviving spouse or a dependent of a “law enforcement officer” (defined) killed in the line of duty is entitled to receive payments for health insurance premiums from public monies of the officer’s employer. The employer shall make payments if the surviving spouse or dependent is enrolled in the employer’s health insurance program or the health insurance plan offered by the retirement system or plan from which the person is receiving benefits. The amount of the payment and circumstances under which payments will be discontinued are specified.

    ARS Titles Affected: 38

    First sponsor: Rep. Robson
    H2388  A law enforcement agency that receives specified monies for officer safety equipment is required to reimburse an officer who purchases protective armor in an amount of at least $1,275 or the actual cost of the armor, and to replace an officer’s protective armor on the expiration of the armor’s service life.

    ARS Titles Affected: 38

    First sponsor: Rep. J. Pierce



    Statute allowing an employer to order a law enforcement officer to submit to a physical examination in specified circumstances and governing those examinations are expanded to include probation officers.

    ARS Titles Affected: 38

    First sponsor: Rep. Olson