HB 2545 — legislators; unpaid leave of absence

Senate Engrossed House BillEngrossed legislators;

unpaid leave of absence (now:State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2545 AN ACT AMENDING TITLE 41, CHAPTER 7, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1108;

publicRELATING healthTO emergency;THE LEGISLATURE.

sovereignty;

limitations) State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2545 AN ACT AMENDING TITLE 26, CHAPTER 2, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 26-322 AND 26-323;

RELATING TO PUBLIC HEALTH EMERGENCIES.

Title 26,41, chapter 2,7, article 1, Arizona Revised Statutes, is amended by adding sectionssection 26-32241-1108, and 26-323, to read:

26-322.41-1108.

PublicElected healthmembers emergencies;of the house of representatives and senate;

internationalemployment; governmental organizations;

prohibition;unpaid leave;

definitionapplicability A.

PURSUANTAN TOEMPLOYER THESHALL SOVEREIGNALLOW AUTHORITYAN OFEMPLOYEE THISTO STATETAKE ANDAN ARTICLEUNPAID II,LEAVE SECTION 3, CONSTITUTION OF ARIZONA,ABSENCE THISWHEN STATETHE ANDEMPLOYEE ALLSERVES POLITICALAS SUBDIVISIONSAN OFELECTED THISMEMBER STATEIN ARETHE PROHIBITEDSENATE FROM USING ANY PERSONNEL OR FINANCIALTHE RESOURCESHOUSE TOOF ENFORCE,REPRESENTATIVES ADMINISTERAND ORTHE COOPERATELEGISLATURE WITHIS AIN PUBLICSESSION HEALTH EMERGENCY ORDER BASED ON AN AGREEMENT OR RECOMMENDATIONSTHE FROMELECTED ANMEMBER INTERNATIONALIS GOVERNMENTALREQUIRED ORGANIZATIONTO UNLESSPERFORM THEADMINISTRATIVE ORDERDUTIES HAS BEEN RATIFIED AS AREQUIRED TREATY BY THE UNITEDLEGISLATURE. STATES SENATE, AFFIRMED BY A VOTE OF THE UNITED STATES CONGRESS AND SIGNED INTO LAW.

FORAN EMPLOYER MAY NOT TERMINATE AN EMPLOYEE ON THE PURPOSESSOLE BASIS THAT THE EMPLOYEE SUBMITS DOCUMENTATION TO THE SECRETARY OF THISSTATE'S SECTION,OFFICE "INTERNATIONALINDICATING GOVERNMENTALAN ORGANIZATION":INTENT TO RUN FOR THE SENATE OR THE HOUSE OF REPRESENTATIVES.

C.

IF AN EMPLOYEE MEETS THE REQUIREMENT IN SUBSECTION A OF THIS SECTION, THE EMPLOYER MAY NOT:

MEANSREQUIRE AN ORGANIZATION WITH A MEMBERSHIP OF COUNTRIES THAT DETERMINE THE WAYEMPLOYEE THETO ORGANIZATIONUSE OPERATES,ANNUAL, VOTESVACATION ANDOR MANAGESSICK FUNDING.LEAVE.

INCLUDESPENALIZE ANY AGENCY OR BUREAUCRATIC SUBDIVISION ASSOCIATED WITH THE PARENTEMPLOYEE. ORGANIZATION.

26-323.3.

PublicREMOVE healthTHE emergencies;EMPLOYEE'S SENIORITY.

governor's4. emergency proclamation authority;

restrictions;DEMOTE THE EMPLOYEE.

definition5. A.

NOTWITHSTANDINGTERMINATE ANY OTHER LAW, THE GOVERNOREMPLOYEE. MAY PROCLAIM A PUBLIC HEALTH EMERGENCY FOR NOT MORE THAN SEVEN DAYS BASED ON HAZARDOUS PUBLIC HEALTH CONDITIONS.

THED. GOVERNOR MAY PROCLAIM AN EMERGENCY LASTING LONGER THAN SEVEN DAYS ONLY ON A TWO-THIRDS VOTE OF EACH HOUSE OF THE STATE LEGISLATURE.

THETHIS GOVERNORSECTION MAYDOES NOT IMPOSEAPPLY ANY POLICY OR USE A PUBLIC HEALTH EMERGENCY TO REQUIREANY LOCKDOWNSOF ORTHE MANDATEFOLLOWING BUSINESSEMPLOYERS: CLOSURES.

B.

SUBSECTION A OF THIS SECTION DOES NOT APPLY TO A LOCKDOWN PROHIBITION IN THE CASE OF A BIOLOGICAL OR CHEMICAL WEAPONS ATTACK CARRIED OUT AGAINST THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR A NATURAL DISASTER THAT RESULTS IN SIGNIFICANT ADVERSE PUBLIC HEALTH EFFECTS DUE TO TOXIC CONTAMINATION, THE PROLIFERATION OF RAW SEWAGE OR OTHER SEVERE DISASTER-RELATED HEALTH IMPACTS.

THESE EXCEPTIONS ARE LIMITED ONLY TO THE PRECISE AREA OF IMPACT AND MAY LAST NOT LONGER THAN SEVEN DAYS.

AFTER SEVEN DAYS, CONTINUED USE OF THIS TEMPORARY AUTHORITY REQUIRES A TWO-THIRDS VOTE OF EACH HOUSE OF THE STATE LEGISLATURE TO REISSUE.

CRIMINAL PENALTIES MAY NOT BE IMPLEMENTED BY THIS STATE OR COUNTY OFFICIALS AGAINST INDIVIDUALS OR CITIZENS WHO VIOLATE THIS PROHIBITION.

C.

AFTER SEVEN DAYS, IF THE GOVERNOR WISHES TO EXTEND THE DURATION OF A PROCLAIMED PUBLIC HEALTH EMERGENCY PURSUANT TO SUBSECTION A OF THIS SECTION, THE GOVERNOR MAY DO SO ONLY ON A TWO-THIRDS VOTE OF EACH HOUSE OF THE STATE LEGISLATURE, WITH THE EXTENSION LASTING FOR A PERIOD OF SEVEN DAYS.

THE STATE LEGISLATURE'S APPROVAL IS REQUIRED FOR EACH SUBSEQUENT SEVEN-DAY EXTENSION.

- 1 - H.B.

2545 D.

IF THE GOVERNOR DOES NOT FILE A REQUEST WITH THE STATE LEGISLATURE TO EXTEND A PROCLAIMED PUBLIC HEALTH EMERGENCY FOR AN ADDITIONAL SEVEN-DAY PERIOD, THE EMERGENCY IS ASSUMED, FOR PURPOSES OF THIS SECTION, TO BE ENDED.

THE GOVERNOR'S REQUEST FOR A SEVEN-DAY EXTENSION OF AN EMERGENCY PROCLAMATION MUST BE PROVIDED TO THE STATE LEGISLATURE AT LEAST THREE DAYS BEFORE THE END OF THE CURRENT EMERGENCY PROCLAMATION.

E.

IF THE LEGISLATURE DOES NOT EXTEND THE PROCLAIMED PUBLIC HEALTH EMERGENCY, THE GOVERNOR MAY NOT PROCLAIM A NEW PUBLIC HEALTH EMERGENCY ARISING OUT OF THE SAME CONDITIONS FOR WHICH THE TERMINATED PUBLIC HEALTH EMERGENCY WAS PROCLAIMED.