Second Regular Session H.B. 2418
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2418
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 23, chapter 8, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. PUBLIC SECTOR UNION EMPLOYMENT CONTRACTS
23-1421. Definitions
In this article, unless the context otherwise requires:
1. "Employment Contract" means any formal or informal employment contract, agreement or memorandum regarding the wages, benefits and terms and conditions of employment of any public employee or group of public employees.
2. "Public employee" means any individual who is employed by a public employer.
3. "Public Employer" means this state or any branch, department, division, agency, authority or political subdivision of this state.
4. "Union" means any association or organization, incorporated or unincorporated, that is authorized to represent and bargain for the interests of public employees.
5. "Union activities":
(a) means activities that are performed by a union, union members or union representatives and that relate to advocating for the interests of members, including:
(i) fulfilling or advancing the union's purposes, obligations, external relations or internal policies and procedures.
(ii) negotiating or bargaining over wages, benefits and terms and conditions of employment.
(iii) recruiting or soliciting members.
(iv) Lobbying.
(v) Engaging in election activities.
(vi) filing grievances.
(vii) Representing individuals in disciplinary proceedings.
(b) Do not include representation of a law ENFORCEMENT officer or probation officer pursuant to section 38‑1101.
23-1422. Public employment compensation; enforcement
A. A public employer may not enter into any employment contract with any public employee or union that provides compensation, including paid leave, for the performance of union activities. Any employment contract that authorizes or provides compensation to public employees for union activities is declared to be against the public policy of this state and is void.
B. This section does not apply to any existing employment contract in effect before the effective date of this section, but an existing contract may not be renewed or extended if the contract includes terms that conflict with this section.
C. The attorney general shall enforce this section. Any taxpayer of the jurisdiction in which a violation of this section occurs has standing to bring an action against any public employer for any violation of this section.
23-1423. State preemption of inconsistent local laws
The prohibition against private uses of public monies is a matter of statewide concern and is necessary to enforce the Constitution of Arizona. The prohibition against private uses of public monies is not subject to inconsistent regulation by any public employer. This article preempts all inconsistent rules, regulations, codes, ordinances, policies or other laws adopted by any public employer.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 3. Legislative intent
It is the intent of the legislature that this act be strictly construed to restrict the use of public monies to public purposes and to prevent the diversion of public monies and public employees to private purposes."
Amend title to conform
GAIL GRIFFIN |