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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
motor carrier; safety improvement
Purpose
Prohibits the deployment, implementation or use of safety improvement by a motor carrier from being considered when evaluating a person's employment status.
Background
Statute provides for clarification in the process in determining an employment status with an employing unit. Any employing unit contracting with an independent contractor may prove the existence of an independent contractor relationship by the independent contractor executing a declaration of independent business status and by the employing unit acting in a manner substantially consistent with the declaration. The failure of a party to execute a declaration does not create any presumptions and is not admissible to deny the existence of an independent contractor relationship (A.R.S. § 23-1601).
Any supervision or control exercised by an employing unit to comply with any statute, rule or code adopted by the federal government, this state or a political subdivision or any requirement of licensing, professional or ethical standards may not be considered for the purposes of determining the independent contractor or employment status of any relationship or individual (A.R.S. § 23-1602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the deployment, implementation or use of safety improvement by or as required by a motor carrier or its related entities, including by contract, from being considered when evaluating a person's status as an employee, independent contractor or jointly employed employee under any state law.
2. Defines safety improvement to mean any device, equipment, software, technology, procedure, training, policy, program or operational practice intended and primarily used to improve or facilitate any of the following:
a) compliance with traffic safety or motor carrier safety laws;
b) safety of a motor vehicle;
c) safety of the operation of a motor vehicle; or
d) safety of third-party users of a public highway.
3. Defines motor carrier as a person who operates or causes to be operated a commercial motor vehicle on a public highway.
4. Become effective on the general effective date.
House Action
COM 2/8/22 DPA 9-0-0-1
3rd Read 2/17/22 58-0-2
Prepared by Senate Research
February 28, 2022
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