House of
Representatives
SB 1546
investment tax; phaseout
Sponsors: Senator Martin, Senator Bee, Senator Blendu et a
SB 1546 allows a percentage of net capital gains to be subtracted from Arizona gross income.
Summary of the proposed Strike-Everything to SB 1546
The Strike everything amendment to SB 1546 denies workers’ compensation benefits to a worker whose use of alcohol or illegal drugs was a substantial contributing cause of the worker’s injury or death. Conditional upon passage of a Constitutional amendment (see SCR 1028).
History
Title 23, Chapter 6, Article 7, Arizona Revised Statutes, provides for a workers’ compensation benefits system whereby any employee whose accidental injury or death arising out of and in the course of employment, becomes a compensable claim, unless the injury was self-inflicted. Benefits include medical, nursing, hospital and prescription costs, or funeral expenses in the event of death. Additionally, an employee is eligible for monetary compensation based on a formula and percentage of the worker’s earned wages, up to a maximum $2,400 per month.
Laws 1996, Chapter 130, amended statute to state that an employee’s injury or death is noncompensable if the impairment is due to the use of alcohol or unlawful use of a controlled substance and is a substantial contributing cause of the injury or death.
Laws 1999, Chapter 331, further amended statute by outlining a process whereby an employer could establish a certified drug and alcohol-free workplace. Written certification must be filed with the Industrial Commission of Arizona, and notice given to employees. In such a case, if an injured employee failed to pass, refused to cooperate or take a drug or alcohol impairment test, then the employee’s injury or death would not be compensable, unless the employee proved the use was not a contributing factor. The amendment defined substantial contributing cause. The provision would not apply if the employer had knowledge of, permitted, or condoned the use.
Arizona Supreme Court case relative to this issue: GRAMMATICO/KOMALESTEWA v. INDUSTRIAL COMMISSION et al [211 Ariz. 67, 117 P.3d 786, 458 Ariz. Adv. Rep. 40, Ariz., Aug 10, 2005]. (www.supreme.state.az.us).
Provisions
Makes changes to the laws relative to workers’ compensation benefits as follows:
· For any employer with a certified drug and alcohol impairment testing policy, states that an employee’s injury or death is considered a personal injury by accident, but is not compensable, unless the employee can prove by a preponderance of the evidence that the use of alcohol or an unlawful controlled substance was not a substantial contributing cause of the injury or death.
· For any employer who has not established the aforementioned policy, the employer, self-insured employer or the insurance carrier must prove by a preponderance of the evidence that the impairment was due to the use of alcohol or the unlawful use of any controlled substance and was a substantial contributing cause of the employee’s injury or death.
· Contains a conditional enactment making the provisions of the bill effective only upon amendment of the State Constitution by a vote of the people at the next General Election. The amendment will deny or limit workers’ compensation benefits to an injured worker whose use of alcohol or unlawful use of a controlled substance is a substantial contributing cause of the injury.
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Forty-seventh Legislature
Second Regular Session 2 March 28, 2006
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