Assigned to PS                                                                                                                        FOR COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2253

 

testimony; disciplinary action; prohibition

Purpose

            Preempts an agency, employer or political subdivision of the state from prohibiting or obstructing and from taking any retaliatory action against an employee for testifying in a proceeding relating to the appeal of a disciplinary action.

Background

            In any appeal of a disciplinary action of a law enforcement officer, the employer or law enforcement officer may seek a determination by the hearing officer, administrative law judge or appeals board hearing the appeal, regarding any evidence that the employer or officer believes should not be disclosed because the risk of harm involved in disclosure outweighs any usefulness of the disclosure in the hearing. A disciplinary action is the dismissal, the demotion or any suspension of a law enforcement officer that is a result of misconduct or unsatisfactory performance. An employer is prohibited from disciplining, retaliating against or threatening to retaliate against any witness for agreeing to be interviewed or for testifying or providing evidence in an appeal (A.R.S. §§ 38-1101 and 38-1106).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Preempts an agency, an employer or a political subdivision of the state from prohibiting or obstructing an employee from providing testimony in an administrative or judicial proceeding relating to the appeal of a disciplinary action.

2.   Includes an employee designated as a subject matter expert as an employee protected by the preemption.

3.   Prohibits an agency, an employer or a political subdivision of the state from taking any retaliatory action against an employee for providing testimony in any proceeding to determine whether evidence should be disclosed.

4.   Makes technical and conforming changes.

5.   Becomes effective on the general effective date.

House Action

PSLE               2/16/26      DPA     10-0-0-5

3rd Read          2/26/26                    53-0-7

Prepared by Senate Research

March 16, 2026

KJA/KM/hk