PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2209
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 23-108.03, Arizona Revised Statutes, is amended to read:
23-108.03. Performance of certain powers and duties; definition
A. The industrial commission shall be responsible for determining the policy of the commission.
B. Any powers and duties prescribed by law to the commission in this chapter and chapters 2 and 6 of this title, whether ministerial or discretionary, may by resolution be delegated by the commission to the director or any of its department heads or assistants, provided, that the commission shall not delegate its power or duty to:
1. Make rules and regulations.
2. Commute awards to a lump sum.
3. License self-insurers.
C. The commission shall be responsible for the official acts of its employees acting in the name of the commission and by its delegated authority.
D. State labor department determinations, penalties and fines for labor violations shall be considered, authorized and determined by a supermajority vote of the commissioners. The commissioners shall consider whether a violation continues beyond ongoing action or once the employer’s course of conduct has ceased.
E. For the purposes of this section, "supermajority" means an affirmative vote of two-thirds of commissioners present and voting.
Sec. 2. Title 23, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 23-111, to read:
23-111. Industrial commission; inspectors; state plan; joint legislative budget committee review
A. The industrial commission of Arizona may not allow any individual to accompany an inspector when conducting inspections for the industrial commission of Arizona unless that individual is an employee of the worksite or entity being inspected.
B. The joint legislative budget committee shall review any state plan proposed by the industrial commission of Arizona before the state plan is submitted to the United States occupational safety and health administration."
Renumber to conform
Amend title to conform