 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
legislators; unpaid leave of absence
Purpose
Requires an employer to allow an employee to take an unpaid leave of absence when serving as a member of the Senate or House of Representatives. Prohibits an employer from terminating an employee on the sole basis that the employee intends to run for office at the Senate or House of Representatives.
Background
The Arizona Constitution sets the term for a member of the Senate or House of Representatives at two years. A Senator or Representative must not serve more than four consecutive terms in that office. A Senator or Representative, after serving the maximum number of terms, including any part of a term served, may not serve in the same office until the member has been out of office for at least one full term (Ariz. Const. art. 4, pt. 2, § 21).
The Commission on Salaries for Elective State Officers (Commission) is established to recommend the rates of pay of elected state officers, including legislative salaries. The recommendations of the Commission as to legislative salaries must be certified by it to the Secretary of State (SOS) and submitted to the qualified electors at the next regular general election for approval (Ariz. Const. art. 5, § 12; A.R.S. Title 41, Ch. 13) The salary for a Senator or Representative was set at $24,000 in 1998 by Proposition 302 (SOS's Office). Statute outlines additional travel and subsistence reimbursement, or per diem, for members of the Senate or House of Representatives (A.R.S. § 41-1104).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an employer to allow an employee to take an unpaid leave of absence when the employee serves as an elected member in the Senate or House of Representatives when the:
a) Legislature is in session; or
b) elected member is required to perform administrative duties as required by the Legislature.
2. Prohibits an employer from terminating an employee on the sole basis that the employee submits documentation to the SOS's office indicating an intent to run for the Senate or House of Representatives.
3. Prohibits an employer, if an employee serves as an elected member in the Senate or House of Representatives, from:
a) requiring the employee to use annual, vacation or sick leave;
b) penalizing the employee;
c) removing the employee's seniority;
d) demoting the employee; or
e) terminating the employee.
4. Stipulates that employment leave requirements for elected members of the Senate and House of Representatives do not apply to:
a) a nonprofit organization;
b) a lobbying firm that employs one or more registered lobbyists;
c) the State of Arizona, any political subdivision of Arizona or a federal governmental entity; or
d) any business that employs fewer than 20 employees.
5. Designates this legislation as the Blue Collar Legislator Act.
6. Becomes effective on the general effective date.
House Action
GOV 2/8/23 DP 8-1-0-0
3rd Read 2/21/23 54-6-0
Prepared by Senate Research
March 6, 2023
JT/sr