PREFILED    JAN 11 2010

REFERENCE TITLE: technical correction; benefits; aliens; athletes

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2105

 

Introduced by

Representative Seel

 

 

AN ACT

 

amending section 23‑781, Arizona Revised Statutes; relating to employment benefits.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 23-781, Arizona Revised Statutes, is amended to read:

START_STATUTE23-781.  Denial of benefits to certain athletes and aliens

A.  Benefits based on services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, shall not be paid to an individual for any week of unemployment which begins during the period between two successive sport seasons, or similar periods, if the individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods.

B.  Benefits shall not be payable for weeks of unemployment beginning on and after January 1, 1978, on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, who was lawfully present for purposes of performing such services or who was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the immigration and nationality act). Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.  In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence. END_STATUTE