SB1434 - 481R

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

Section 1. Section 9-823, Arizona Revised Statutes, is amended to read:

START_STATUTE9-823. Registration of voters; change of registration

A. A city or town by ordinance or resolution in writing may provide for and require a registration of the voters of the city or town. The registration may be required every two years, and shall begin within sixty days before, and shall be closed ten days before, the regular city or town election.

B. The registration shall show:

1. The name in full of each registered voter.

2. The appropriate title of the voter and that he the voter is eighteen years of age or over.

3. Place of birth.

4. Place of residence by street and number, or ward.

5. The date of entry of the registration on the register.

C. The voter may change his the voter's place of residence as recorded on the register at any time prior to before the closing of the register.

D. No person shall vote at any election in any district except the one in which he the person has lived for at least ten days next preceding the election and as shown on the register.

E. Notwithstanding any provisions of this section or sections 9‑824, 16‑104, and 16‑105 and 22‑426 to the contrary, no city or town may maintain a local voter registration list after July 1, 1985 if the county recorder of the county in which such city or town is located complies with the provisions of section 16‑172. END_STATUTE

Sec. 2. Section 12-115, Arizona Revised Statutes, is amended to read:

START_STATUTE12-115. Additional filing, appearance and answer or response fees; deposit

A. In addition to any other assessment authorized by law, the supreme court shall establish an additional fee on each filing, appearance and answer or response fee charged by a clerk of the superior court.

B. The clerk shall collect the additional fee and monthly remit the additional fees to the county treasurer. The county treasurer shall transmit the fees to the state treasurer on or before the fifteenth day of each month for deposit, pursuant to sections 35‑146 and 35‑147, in the Arizona lengthy trial fund established by section 21‑222 21-212. The state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

C. The additional fee may be deferred or waived pursuant to sections 12‑302 and 12‑304.

D. In establishing the additional fees under subsection A of this section, the supreme court may designate by rule that the additional fees not be imposed on filings in cases that involve minimal use of court resources or that are not afforded the opportunity for a trial by jury. END_STATUTE

Sec. 3. Section 16-165, Arizona Revised Statutes, is amended to read:

START_STATUTE16-165. Causes for cancellation

A. The county recorder shall cancel a registration:

1. At the request of the person registered.

2. When the county recorder knows of the death of the person registered.

3. If the person has been adjudicated an incapacitated person as defined in section 14‑5101.

4. When the person registered has been convicted of a felony, and the judgment of conviction has not been reversed or set aside. The county recorder shall cancel the registration on receipt of notice of a felony conviction from the court or from the secretary of state or when reported by the elector on a signed juror questionnaire that is completed pursuant to section 21‑314.

5. Upon On production of a certified copy of a judgment directing a cancellation to be made.

6. Promptly after the election if the person registered has applied for a ballot pursuant to section 16‑126.

7. When a person has been on the inactive voter list and has not voted during the time periods prescribed in section 16‑166, subsection C.

8. When the county recorder receives written information from the person registered that the person has a change of residence within the county and the person does not complete and return a new registration form within twenty‑nine days after the county recorder mails notification of the need to complete and return a new registration form with current information.

9. When the county recorder receives written information from the person registered that the person has a change of address outside the county.

B. If the county recorder cancels a registration pursuant to subsection A, paragraph 8 of this section, the county recorder shall send the person notice that the registration has been cancelled and a registration form with the information described in section 16‑131, subsection C attached to the form.

C. When proceedings in the superior court or the United States district court result in a person being declared incapable of taking care of himself and managing his property, and for whom a guardian of the person and estate is appointed, result in such person being committed as an insane person or result in a person being convicted of a felony, the clerk of the superior court in the county in which those proceedings occurred shall file with the secretary of state an official notice of that fact. The secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person upon on the register. Such notice shall name the person covered, shall give the person's date and place of birth if available, the person's social security number, if available, the person's usual place of residence, the person's address and the date of the notice, and shall be filed with the recorder of the county where the person last resided.

D. Each month the department of health services shall transmit to the secretary of state without charge a record of the death of every resident of the state sixteen years of age and older reported to the department within the preceding month. This record shall include only the name of the decedent, the decedent's date of birth, the decedent's social security number, if available, the decedent's usual legal residence at the time of death and, if available, the decedent's father's name or mother's maiden name. The record shall be used by the secretary of state for the sole purpose of canceling the names of deceased persons from the statewide voter registration database. Public access to the records is prohibited. Use of information from the records for purposes other than those required by this section is prohibited. The name of each deceased person shall promptly be canceled from the statewide voter registration database and the secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person from the register. END_STATUTE

Sec. 4. Section 21-131, Arizona Revised Statutes, is amended to read:

START_STATUTE21-131. Jury commissioner

A. The clerk of the superior court shall be the jury commissioner, except that in any county having a population of more than five hundred thousand persons, the presiding judge of the superior court may appoint a jury commissioner. The jury commissioner shall report to the presiding judge.

B. The presiding judge of the superior court shall set the salary of a jury commissioner who has been appointed by the presiding judge, subject to approval of the county board of supervisors.

C. The jury commissioner may administer an oath or affirmation in relation to the examination of any matter contained in this title.

D. The jury commissioner may provide services to any court in the county.

E. The jury commissioner may appoint a designee to perform any act required of the jury commissioner pursuant to this title. END_STATUTE

Sec. 5. Title 21, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 21-132, to read:

START_STATUTE21-132. Review of jury commissioner's action

If the jury commissioner denies a person's request to be excused or disqualified from jury service and the person makes a written application for review, the judge shall decide whether the person should be excused or disqualified. END_STATUTE

Sec. 6. Heading change

The article heading of title 21, chapter 2, article 1, Arizona Revised Statutes, is changed from "QUALIFICATIONS AND EXEMPTIONS" to "QUALIFICATIONS, EXCUSES AND DISQUALIFICATION".

Sec. 7. Section 21-201, Arizona Revised Statutes, is amended to read:

START_STATUTE21-201. Qualifications

Every juror, grand and trial, shall be at least eighteen years of age and meet the following qualifications:

1. Be a citizen of the United States.

2. Be a resident of the jurisdiction in which he THE JUROR is summoned to serve. A citizen whose name and address appears on the master jury list as required by section 21-301 is presumed to be a resident of the jurisdiction for the purposes of this section.

3. Never have been convicted of a felony, unless the juror's civil rights have been restored.

4. Is not currently adjudicated mentally incompetent or insane.END_STATUTE

Sec. 8. Transfer and renumber

Section 21-211, Arizona Revised Statutes, is transferred and renumbered for placement in title 21, chapter 2, article 1, Arizona Revised Statutes, as section 21-203.

Sec. 9. Heading repeal

The article heading of former title 21, chapter 2, article 2, Arizona Revised Statutes, is repealed.

Sec. 10. Transfer and renumber

Title 21, chapter 2, article 3, Arizona Revised Statutes, is renumbered as title 21, chapter 2, new article 2, Arizona Revised Statutes. Sections 21-221 and 21-222, Arizona Revised Statutes, are transferred and renumbered for placement in title 21, chapter 2, article 2, Arizona Revised Statutes, as renumbered by this act, as sections 21-211 and 21-212, respectively.

Sec. 11. Section 21-212, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE21-212. Arizona lengthy trial fund

A. The Arizona lengthy trial fund is established consisting of monies received from the additional fees paid on all filings, appearances, responses and answers pursuant to section 12‑115. The monies in the fund shall not be used for any purpose other than as prescribed in this section.

B. The supreme court shall administer the fund and shall adopt rules for the administration of the fund. Not more than three per cent of the monies in the fund shall be used for the reasonable and necessary costs of administering the fund. On or before the fifteenth day of each month, on receipt of a request for reimbursement the supreme court shall transmit monies from the fund to a jury commissioner for monies paid to a juror under this section, together with a fee of not less than the amount prescribed in section 12‑284, subsection A, class E for each application for payment of replacement or supplemental earnings by a juror.

C. Subject to the availability of monies, monies in the fund shall be used to pay full or partial earnings replacement or supplementation to jurors who serve as petit jurors for more than five days and who receive less than full compensation. The amount of replacement or supplemental earnings shall be at least forty dollars but not more than three hundred dollars per day per juror beginning on the fourth day of jury service.

D. A juror whose jury service lasts more than five days may submit a request for payment from the fund. The amount a juror receives from the fund is limited to the difference between the jury fee prescribed in section 21‑221 21-211 and the actual amount of earnings a juror earns, not less than forty dollars, up to the maximum level payable under subsection C of this section, minus any amount the juror actually received from the juror's employer during the same time period. A juror who requests payment from the fund:

1. Shall disclose on the form the juror's regular earnings, the amount the juror's employer will pay during the term of jury service starting on the fourth day and thereafter, the amount of replacement or supplemental earnings being requested and any other information that the jury commissioner deems necessary.

2. Before receiving payment from the fund, shall submit verification from the juror's employer, if any, regarding the earnings information that is provided under paragraph 1. This verification may include the employee's most recent earnings statement or a similar document.

3. In order to verify the weekly income if the juror is self‑employed or receives compensation other than wages, shall provide a sworn affidavit attesting to the juror's approximate gross weekly income, together with any other information that the supreme court requires.

E. Jurors who are unemployed and are not eligible for payment pursuant to subsections C and D of this section are eligible to be paid forty dollars per day, even if they receive income in the form of spousal maintenance, pensions, retirement, unemployment compensation, disability benefits or other similar income. Commissioners shall not deduct these other forms of income in calculating the amount these jurors are to be paid from the fund.

F. The supreme court shall annually report to the joint legislative budget committee on the amount of monies collected and disbursed from the fund and the number of jurors who received monies from the fund. END_STATUTE

Sec. 12. Transfer and renumber

Title 21, chapter 2, article 4, Arizona Revised Statutes, is renumbered as title 21, chapter 2, new article 3, Arizona Revised Statutes. Sections 21-233, 21-235 and 21-236, Arizona Revised Statutes, are transferred and renumbered for placement in title 21, chapter 2, article 3, Arizona Revised Statutes, as renumbered by this act, as sections 21-221, 21-222 and 21-224, respectively.

Sec. 13. Section 21-334, Arizona Revised Statutes, is transferred and renumbered for placement in title 21, chapter 2, article 3, Arizona Revised Statutes, as renumbered by this act, as section 21-223 and, as so renumbered, is amended to read:

START_STATUTE21-223. Failure of juror to attend; fine

It is unlawful for a juror who is summoned and who fails to obtain a postponement or who is not excused from jury service to wilfully and without reasonable excuse fail to attend on the date scheduled for jury service. The juror may be attached as for a direct contempt of court and may be compelled to attend on the date scheduled for jury service, and a fine not exceeding if the juror fails to respond to a second notice the court may issue a body attachment as for a direct contempt of the court. The juror may be fined an amount not to exceed five hundred dollars and may be imposed by the court for nonattendance upon the court compelled to attend for jury service on another date. END_STATUTE

Sec. 14. Section 21-224, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE21-224. Employment rights; automatic postponement; violation; classification

A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide annual, vacation or sick leave to employees who are otherwise not entitled to such benefits under company policies.

B. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. An employer is not required to compensate an employee when the employee is absent from employment because of jury service.

C. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon On return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.

D. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full‑time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21‑336 21-306.

E. A person who violates any provision of this section is guilty of a class 3 misdemeanor. END_STATUTE

Sec. 15. Heading change

The article heading of title 21, chapter 3, article 1, Arizona Revised Statutes, is changed from "JURY LIST" to "ADMINISTRATION, SELECTION AND SUMMONING PERSONS FOR JURY SERVICE".

Sec. 16. Section 21-301, Arizona Revised Statutes, is amended to read:

START_STATUTE21-301. Master jury list; source lists

A. Names of prospective jurors to serve on trial and grand juries shall be selected at random from the master jury list of the county.

B. A. The jury commissioner of each county shall prepare and maintain a current master jury list of eligible juror candidates. The jury commissioner shall produce a master jury list. The master jury list shall be comprised of the names and addresses of eligible persons who reside in the county and shall include persons on the voter registration list of the county, other persons eligible for jury service who have been licensed pursuant to title 28, chapter 8, article 4 or 5 and persons from other lists as determined by the supreme court. The master jury list shall be prepared so as to avoid duplication of the names of eligible juror candidates.

C. B. Not later than January 1 following each biennial general election, the county recorder shall provide the jury commissioner with a list containing the names and addresses of all persons qualified to vote at the preceding general election. At least once every six months thereafter the county recorder shall provide the jury commissioner with the names and addresses of all additional persons who have registered as voters since the date of the last list.

D. C. Upon On written request by a county jury commissioner, the director of the department of transportation shall furnish and periodically revise a list of the names and addresses of all persons in such that county who are at least eighteen years of age and who have been licensed pursuant to title 28, chapter 8, article 4 or 5. Except as provided in section 21-304, no county jury commissioner may disclose information furnished by the director of the department of transportation pursuant to this section to any person, organization or agency for any use other than the selection of jurors.

E. In any county in which the selection and drawing of jurors are performed by data processing equipment, the names contained in the master jury list shall be maintained in a uniform format. END_STATUTE

Sec. 17. Title 21, chapter 3, article 1, Arizona Revised Statutes, is amended by adding sections 21-302, 21-303, 21-304 and 21-308, to read:

START_STATUTE21-302. Juror summoning; procedures

A. The superior court in each county shall summon trial jurors from the master jury list pursuant to rules adopted by the supreme court.

B. The superior court in each county shall summon grand jurors from the master jury list pursuant to rules adopted by the supreme court.

C. Jurors shall be summoned by using a countywide summoning method that is in compliance with the constitutions of the United States and this state.

D. A court may use alternative procedures for summoning jurors that are in compliance with the constitutions of the United States and this state as provided in a plan approved pursuant to rules adopted by the supreme court.

E. If the superior court in a county has multiple court locations, the court may propose alternative procedures for summoning jurors as provided in a plan approved pursuant to rules adopted by the supreme court. The alternative procedures may be designed to minimize the distance prospective jurors must travel and to avoid unnecessary travel expenses by dividing the county into jury districts or using a countywide juror summoning method that affords all qualified persons in the county an opportunity to be considered for jury service at any court location.

F. If multiple courts operate at one location, jurors may be summoned countywide or from the jurisdiction of the courts and pooled for use by any superior court or justice of the peace court at that location.

G. Only persons who reside within the city or town limits of the court are eligible for jury service in municipal court. END_STATUTE

START_STATUTE21-303. Juror summons; service by first class mail; notice

Notwithstanding section 21-301, subsection C, if the jury commissioner uses first class mail to summon a person to serve as a juror and the mail is returned as undeliverable, the jury commissioner shall notify the county recorder who shall send a follow-up notice to the juror pursuant to section 16-166, subsection A. The notice shall include information regarding possible removal from the voter registration rolls. On completion of the notification process pursuant to section 16-166, the county recorder shall transfer the person to the inactive voter list. END_STATUTE

START_STATUTE21-304. Juror questionnaire; investigation; law enforcement

The jury commissioner may investigate the accuracy of the answers to the questionnaire and may call on law enforcement agencies for assistance in the investigation.

START_STATUTE21-308. Rules

A. The supreme court shall adopt rules governing juror administration in all courts in this state.

B. At a minimum, the rules shall contain procedures for the summoning of trial and grand jurors and the selection of trial jury panels.END_STATUTE

Sec. 18. Repeal

Title 21, chapter 3, articles 2, 2.1 and 4, Arizona Revised Statutes, are repealed.

Sec. 19. Repeal

Section 21-331, Arizona Revised Statutes, is repealed.

Sec. 20. Transfer and renumber

Sections 21-335, 21-336 and 21-336.01, Arizona Revised Statutes, are transferred and renumbered for placement in title 21, chapter 3, article 1, Arizona Revised Statutes, as sections 21-305, 21-306 and 21-307, respectively.

Sec. 21. Heading repeal

The article heading of former title 21, chapter 3, article 3, Arizona Revised Statutes, is repealed.

Sec. 22. Section 21-402, Arizona Revised Statutes, is amended to read:

START_STATUTE21-402. Calling grand jury

A. In a county with a population of two hundred thousand persons or more a grand jury shall be called three times every four months each year by the presiding judge of the superior court. The call shall be issued on the first court date of each year, the first court date of May of each year and the first court date of September of each year. Each grand jury shall sit until a new grand jury has been impanelled to replace it or until its term expires pursuant to section 21‑403. Additional grand juries shall be called upon on petition of the county attorney stating the reasons therefor.

B. In a county with a population of under less than two hundred thousand in population persons the presiding judge of the superior court may call a grand jury either:

1. If, in his the judge's sole discretion, he the judge determines the public interest requires a grand jury. ; or

2. On petition of the county attorney. END_STATUTE

Sec. 23. Renumber

Section 21-404, Arizona Revised Statutes, is renumbered as section 21‑417.

Sec. 24. Title 21, chapter 4, article 1, Arizona Revised Statutes, is amended by adding a new section 21-404, to read:

START_STATUTE21-404. Grand jurors; number; quorum

The order to form a grand jury shall specify the number of jurors to constitute the grand jury. The grand jury shall consist of at least twelve but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it. END_STATUTE

Sec. 25. Section 21-406, Arizona Revised Statutes, is amended to read:

START_STATUTE21-406. Absence

A. At any time, for good cause, the presiding judge of the superior court may excuse a grand juror temporarily or permanently. In the event that a grand juror is excused permanently, the presiding judge of the superior court or a designee may administer the oath to an alternate grand juror so as to maintain the original membership at the prescribed number of persons. The alternate grand juror shall be selected as prescribed by title 21, chapter 3.

B. No grand juror shall vote on any matter upon on which evidence has been taken in his the juror's absence or prior to his before the juror's impanelment. END_STATUTE

Sec. 26. Section 21-423, Arizona Revised Statutes, is amended to read:

START_STATUTE21-423. Jurors; judicial supervision

A. A state grand jury shall consist of the same number of members as a county grand jury. The residence and qualifications of the members of the state grand jury shall be determined according to rules and regulations promulgated adopted by the Arizona supreme court which, at its discretion, depending upon on the nature of the matters to be investigated, may permit the jury members to be residents of either one county or several counties.

B. The jury commissioner of the county in which the assignment judge is serving, upon receipt of the order of the assignment judge, shall prepare a list of prospective jurors drawn from current jury lists from which list the assignment judge shall impanel a state grand jury.

C. B. The jury commissioner of the county in which the assignment judge is serving shall cause the panel members to be summoned for service. The jury commissioner shall send the notice of service by certified mail, return receipt requested.

D. C. Judicial supervision of the state grand jury shall be maintained by the assignment judge and all indictments, presentments and formal returns of any kind made by a state grand jury shall be returned to the assignment judge. END_STATUTE

Sec. 27. Section 21-428, Arizona Revised Statutes, is amended to read:

END_STATUTE21-428. Costs and expenses; state grand jury

A. In addition to the fees and amounts stated in section 21‑221 21‑211, persons serving on a state grand jury shall be provided by the county in which the assignment judge is serving with reasonable per diem expenses as established by the Arizona supreme court.

B. The costs and expenses incurred by a county arising out of or in connection with impaneling a state grand jury and for the performing of its functions and duties or arising out of the prosecution and trial of state grand jury indictments shall be paid for by the state out of monies appropriated to the supreme court for these purposes. The supreme court shall approve county requests for reimbursement after certification by the assignment judge that the amount requested is owed.

C. All costs and expenses incurred by the attorney general arising out of the investigation, prosecution and trial of matters cognizable by a state grand jury are payable from monies appropriated to the attorney general for these purposes. START_STATUTE

Sec. 28. Section 22-320, Arizona Revised Statutes, is amended to read:

START_STATUTE22-320. Trial by jury

A. A trial by jury shall be had if demanded by either the state or defendant. Unless the demand is made at least five days before commencement of the trial, a trial by jury shall be deemed waived.

B. Upon demand being made for a jury trial, the justice of the peace or presiding officer of a police court shall issue an order directed to the sheriff of the county, or to any constable, marshal, policeman or member of the court staff to summon the number of qualified persons specified in the order to appear at the time and place therein fixed to serve as jurors in the action. If the required number of jurors do not appear, an additional order or orders may be issued. END_STATUTE

Sec. 29. Repeal

Section 22-426, Arizona Revised Statutes, is repealed.

Sec. 30. Section 23-1501, Arizona Revised Statutes, is amended to read:

START_STATUTE23-1501. Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment

The public policy of this state is that:

1. The employment relationship is contractual in nature.

2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in this paragraph shall be construed to affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.

3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:

(a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this section, in which case the remedies for the breach are limited to the remedies for a breach of contract.

(b) The employer has terminated the employment relationship of an employee in violation of a statute of this state. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute, including the following:

(i) The civil rights act prescribed in title 41, chapter 9.

(ii) The occupational safety and health act prescribed in chapter 2, article 10 of this title.

(iii) The statutes governing the hours of employment prescribed in chapter 2 of this title.

(iv) The agricultural employment relations act prescribed in chapter 8, article 5 of this title.

All definitions and restrictions contained in the statute also apply to any civil action based on a violation of the public policy arising out of the statute. If the statute does not provide a remedy to an employee for the violation of the statute, the employee shall have the right to bring a tort claim for wrongful termination in violation of the public policy set forth in the statute.

(i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.

(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.

(iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.

(iv) Service on a jury as protected by section 21‑236 21-224.

(v) The exercise of voting rights as protected by section 16‑1012.

(vi) The exercise of free choice with respect to nonmembership in a labor organization as protected by section 23‑1302.

(vii) Service in the national guard or armed forces as protected by sections 26‑167 and 26‑168.

(viii) The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment as protected by section 23‑202.

(ix) The exercise of the right to be free from coercion to purchase goods or supplies from any particular person as a condition of employment as protected by section 23‑203.

(x) The exercise of a victim's leaves right to leave work as provided in sections 8‑420 and 13‑4439.

(d) In the case of a public employee, if the employee has a right to continued employment under the United States Constitution, the Arizona Constitution, Arizona Revised Statutes, any applicable regulation, policy, practice, or contract of the state, any subdivision of the state or other public entity, or any ordinance of any political subdivision of the state. END_STATUTE

Sec. 31. Effective date

This act is effective from and after December 31, 2007.