State of Arizona
House of Representatives
First Regular Session
HOUSE BILL 2523
amending sections 23-230 and 23-235, arizona revised statutes; amending title 23, chapter 2, article 3, Arizona Revised Statutes, by adding section 23-243; relating to youth employment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-230, Arizona Revised Statutes, is amended to read:
In this article, unless the context otherwise requires:
1. "Automatic elevator" means a passenger or freight lift operated by push buttons so that the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic.
2. "Clay construction product" means brick, hollow structural tile, sewer pipe, refractories, architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping and drain tile.
3. "Construction" means building, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building, highway, road, railroad, excavation or other structure, project, development or improvement, including the erection and use of scaffolding or a similar structure and providing mechanical or structural service for a structure, project, development or improvement.
4. "Elevator" means a power‑driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. Elevator does not include dumbwaiters.
5. "Explosive" means ammunition, black powder, blasting caps, fireworks or any substance or combination of substances commonly used for the purpose of detonation and which that, on exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat.
6. "Hazardous agricultural chemicals" means any substance that has a toxicity level that requires manufacturer or distributor labeling as category I, category II and or category III toxicity in accordance with the regulations adopted by the administrator pursuant to the federal environmental pesticide control act of 1972, as amended.
7. "Logging" means felling timber, bucking or converting timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts or similar products, collecting, skidding, yarding, loading, transporting and unloading such products, constructing, repairing and maintaining roads, railroads, flumes or camps used in connection with logging, moving, installing, rigging and maintenance of machinery or equipment used in logging, operation of a sawmill, lath mill, shingle mill or cooperage stock mill in connection with the storing of logs and bolts, converting logs or bolts into sawed lumber, laths, shingles or cooperage stock and storing, drying and shipping lumber, laths, shingles and cooperage stock or other products of such mills.
8. "Manufacturing" means designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use.
9. "Mine or quarry" means an underground or surface rock or mineral extracting, placer, dredging or bore‑hole operation including all grinding and metal mills, washer plants and any other cutting, crushing, grinding, screening, sizing, washing or cleaning operation performed on extracted rocks or minerals.
10. "Motor vehicle" means an automobile, truck, truck tractor, trailer, semitrailer, motorcycle or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation. Motor vehicle does not include a vehicle operated exclusively on rails.
11. "On a casual basis" means either:
(a) Employment that does not exceed twenty hours per week in the aggregate.
(b) Employment that exceeds twenty hours per week if the excessive hours of employment are without regularity or are for irregular or intermittent periods.
11. 12. "Outside helper" means a person who rides on a motor vehicle other than in the driver or passenger compartment for the purpose of transporting, loading or unloading items.
12. 13. "Power‑driven bakery machine" means a horizontal or vertical dough mixer, batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, cake cutting band saw, cookie machine or cracker machine.
13. 14. "Power‑driven hoist" means an apparatus for raising or lowering a load by the application of a pulling or pushing force including a crane, derrick or forklift. Power‑driven hoist does not include an elevator or an automatic elevator.
14. 15. "Power‑driven meat processing machine" means a meat patty forming machine, meat and bone cutting saw or knife, head splitter, guillotine cutter, snout puller, jaw puller, skinning machine, horizontal rotary washing machine, casing cleaning machine, grinding, mixing, chopping and hashing machines and meat presses.
15. 16. "Power‑driven metal working, forming, punching or shearing machine" means a machine, other than machine tools, which that changes the shape of or cuts metal by means of dies, rolls, knives or similar tools which that are mounted on rams, plungers or other moving parts.
16. 17. "Power‑driven paper products machine" means a platen die‑cutting press, platen printing press, punch press which that involves hand feeding of the machine, arm‑type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single single-lacing or double‑lacing machine, envelope die‑cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler or vertical slotter or other machine used in the remanufacture or conversion of paper or pulp into a finished product.
17. 18. "Power‑driven woodworking machine" means a fixed or portable machine or tool driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, assembling, pressing or printing wood or veneer.
18. 19. "Processing" means an activity involving an addition to, subtraction from, change in or cleaning of any food or foodstuff including filleting fish, dressing poultry or cracking nuts.
19. 20. "Radiation" means ionizing radiation including gamma rays, x‑rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.
20. 21. "Radioactive substance" means a solid, liquid or gaseous material or materials that spontaneously emit radiation.
21. 22. "Roofing" means all work performed in connection with the application of weatherproofing materials and substances, including tar, pitch, asphalt, prepared paper, tile, slate, metal, translucent materials and shingles of asbestos, asphalt or wood, to roofs of buildings and other structures. Roofing includes all work performed in connection with installation of roofs, including related metal work, and alterations, additions, maintenance and repair including painting and coating of roofs.
22. 23. "Silica refractory products" means items produced from raw materials and containing free silica as their main constituent.
23. 24. "Warehousing" means loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings.
24. 25. "Wrecking, demolition and shipbreaking" means all work, including cleanup and salvage work, performed on or at the site of the total or partial razing, demolishing or dismantling of a building, bridge, steeple, tower, chimney, other structure, motor vehicle, ship or other vessel.
Sec. 2. Section 23-235, Arizona Revised Statutes, is amended to read:
A. The provisions of Sections 23‑231, 23‑232 and 23‑233 shall do not apply to persons:
1. Employed by a grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent, including a relative of the same degree through marriage or adoption, or person in loco parentis in occupations in which the grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent or person in loco parentis owns at least ten per cent percent of the employing organization and such owner is actively engaged in the daily operation of the organization, if either:
(a) The person is under the age of eighteen years and is not engaged in manufacturing or mining occupations.
(b) The person is between the ages of sixteen and eighteen years and is engaged in manufacturing or mining occupations.
2. Employed as stars or performers in motion picture, theatrical, radio or television productions if before the beginning of production the production company provides the department of labor of the industrial commission with the name and address of the person, the length, location and hours of employment and any other information required by the department.
3. Involved in career education programs.
4. Involved in vocational or technical training school programs pursuant to title 15, chapter 7, article 5.
5. Employed as apprentices and registered by the bureau of apprenticeship and training of the United States department of labor in accordance with the standards established by that bureau or registered by the apprenticeship council or employed under a written apprenticeship agreement and conditions which that are found by the secretary of labor to conform substantially with such federal or state standards.
6. Trained under either the 4‑H federal extension service or the United States office of education vocational agriculture training programs, if employed outside school hours on the equipment for which they have been trained.
7. Who have completed vocational or career education programs approved by the department of education if the programs are directly related to the prohibited occupation or employment or if working in the prohibited occupation is part of the vocational or career education program.
8. Who are married.
9. Who have a high school diploma or its equivalent.
B. Sections 23‑231 and 23‑232 do not apply to:
1. The operation of power‑driven equipment used in the care and maintenance of lawns and shrubbery not connected to retail, food service and gasoline service establishments.
2. Clerical employment in an office in which duties are performed without exposure to the hazards described or defined in this article.
C. Section 23-233, subsection A does not apply to persons who are all of the following:
1. Under twenty-two years of age.
2. Employed on a casual basis.
3. Enrolled full-time as a student.
Sec. 3. Title 23, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 23-243, to read:
23-243. Youth employment
Notwithstanding any other law, to prevent the curtailment of opportunities for youth employment, an employer may:
1. Pay a wage equal to or greater than the federal minimum wage to employees who are all of the following:
(a) Under twenty-two years of age.
(b) Employed on a casual basis.
(c) Enrolled full-time as a student.
2. Consistent with state and federal law, negotiate other terms and conditions of employment with employees who are all of the following:
(a) Under twenty-two years of age.
(b) Employed on a casual basis.