Bill Text: AZ HB2256 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Political subdivisions; funds; unions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-20 - Referred to House GOV Committee [HB2256 Detail]
Download: Arizona-2010-HB2256-Introduced.html
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REFERENCE TITLE: political subdivisions; funds; unions |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2256 |
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Introduced by Representative Farley
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AN ACT
Amending title 23, chapter 8, Arizona Revised Statutes, by adding article 7; relating to Labor relations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 8, Arizona Revised Statutes, is amended by adding article 7, to read:
ARTICLE 7. ARIZONA POLITICAL SUBDIVISIONS
23-1421. Definitions
In this article, unless the context otherwise requires:
1. "Assist, promote or deter union organizing" means any attempt by an employer to influence the decision of its employees in a political subdivision or its subcontractors regarding either of the following:
(a) Whether to support or oppose a labor organization that represents or seeks to represent those employees.
(b) Whether to become a member of any labor organization.
2. "Contractor" means any employer that receives funds from a political subdivision for supplying goods or services pursuant to a written contract with the political subdivision or any of its agencies.
3. "Employer" means any individual, corporation, unincorporated association, partnership, government agency or body or other legal entity that employs more than one person in a political subdivision.
4. "Funds" means any monies drawn from the political subdivision's treasury or any special or trust fund of the political subdivision. funds includes any monies that are appropriated by the political subdivision and transferred to any public agency, including a special district, and that are used by the public agency to fund in whole or in part a service contract in excess of two hundred fifty thousand dollars.
5. "Political subdivision" means a political subdivision of this state.
6. "Property" means any property or facility owned or leased by a political subdivision.
23-1422. Political subdivision contracts; funds
A. A political subdivision shall not use funds to reimburse contractors for any costs incurred to assist, promote or deter union organizing. If requesting reimbursement from a political subdivision, a contractor shall include a certification that the contractor is not seeking reimbursement for costs incurred to assist, promote or deter union organizing. A contractor that incurs costs to assist, promote or deter union organizing shall maintain records sufficient to show that no reimbursement from political subdivision funds has been sought for those costs. The contractor shall provide those records to the attorney general on request.
B. This section does not apply to a fixed price contract or to any other arrangement by which the amount of the payment of funds from a political subdivision does not depend on the costs incurred by the contractor.
C. For the purposes of this section, each contractor that receives funds from a political subdivision shall account for those funds as follows:
1. The funds designated by the grantor for use for a specific expenditure of the recipient shall be accounted for as allocated to that expenditure.
2. Any funds that are not designated shall be allocated on a pro rata basis to all expenditures by the recipient that support the program for which the grant is made.
23-1423. Political subdivision contractors; unions
A contractor of a political subdivision shall not assist, promote or deter union organizing by employees who are performing work on a service contract, including a public works contract, for the political subdivision.
23-1424. Political subdivision contractors; property; meetings
An employer conducting business on the property of a political subdivision pursuant to a contract or concession agreement with the political subdivision shall not use the property to hold a meeting with any employees or supervisors if the purpose of the meeting is to assist, promote or deter union organizing. This section does not apply if the property is equally available, without charge, to the general public for holding meetings.
23-1425. Public employers; union organizing; prohibition
A. A public employer who receives funds from a political subdivision shall not use any of those funds to assist, promote or deter union organizing.
B. Any public official who knowingly authorizes the use of funds in violation of subsection A is liable to the political subdivision for the amount of those funds.
23-1426. Private employers; union organizing; prohibition
A private employer who receives funds from a political subdivision that exceed ten thousand dollars in any calendar year on account of its participation in a political subdivision program shall not use any of those funds to assist, promote or deter union organizing.
