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--- version:Introduced Version+++ version:(document, no version)@@ -1,132 +1,66 @@-REFERENCE TITLE: employment; rural fire districts; exception+ARIZONA HOUSE OF REPRESENTATIVES-State of Arizona+57th+ Legislature, 2nd Regular Session-House of Representatives+Majority Research Staff-Fifty-seventh Legislature+HB+2349: employment; rural fire districts; exception-Second Regular Session+Sponsor:+Representative Diaz, LD 19-2026+Committee+on Land, Agriculture & Rural Affairs-HB 2349+Overview-Introduced by+Exempts+certain rural fire districts from being subject to workers compensation+requirements.-Representatives- Diaz: Gillette, Heap+History-AN-ACT+Article XVIII,+section 8 of the Arizona Constitution requires the Legislature enact a workmen's+compensation law applicable to workmen engaged in manual or mechanical labor in+all public employment and in such private employments as the legislature+may prescribe by which compensation shall be required to be paid to any such+workman.-amending section 23-902, arizona-revised statutes; relating to workers' compensation.+Title 23,+chapter 6 of the Arizona Revised Statutes prescribes the scope+of worker's compensation, its administration, required procedures, a worker's+right to compensation, and entities subject to compliance with the regulations+of worker's compensation. Current law lists employers subject to compliance and+exempts domestic servants (A.R.S. � 23-902).-(TEXT OF BILL BEGINS ON NEXT PAGE)+Provisions-Be it enacted by the Legislature of the State of Arizona:+1.+Exempts+rural fire districts, in a county with less than one million persons, from being+required to comply with workers compensation statute(s). (Sec. 1)-Section 1. Section 23-902, Arizona Revised-Statutes, is amended to read:+2.+Makes+technical changes. (Sec. 1)-START_STATUTE23-902. Employers subject to chapter; exceptions+3.-A. Employers subject to this chapter are the this state, each county, city, town,-municipal corporation and school district and every person who employs any-workers or operatives regularly employed in the same business or establishment-under contract of hire, including covered employees pursuant to a professional-employer agreement, except domestic servants and rural fire-districts that are located in a county with a population of less than one-million persons. Exempted employers of domestic servants may come-under this chapter by complying with its provisions and the rules of the-commission. For the purposes of this subsection, "regularly-employed" includes all employments, whether continuous throughout the year, or for only a portion of the year, in the usual trade,-business, profession or occupation of an employer.+4.-B. When an employer procures work to be done for the-employer by a contractor over whose work the employer retains supervision or-control, and the work is a part or process in the-trade or business of the employer, then the contractors-and the contractor's employees, and any-subcontractor and the subcontractor's employees, are,-within the meaning of this section, are employees of the-original employer.� For the purposes of this subsection, "part or process-in the trade or business of the employer" means a particular work activity-that in the context of an ongoing and integral business process is regular,-ordinary or routine in the operation of the business or is routinely done-through the business' business's own-employees.+5. ---------- DOCUMENT+FOOTER ----------C. A person engaged in work for a business, and who-while so engaged is independent of that business in the execution of the work-and not subject to the rule or control of the business for which the work is-done, but is engaged only in the performance of a definite job or piece of-work, and is subordinate to that business only in effecting a result in-accordance with that business design, is an independent contractor.+6. Initials CW��������������������� HB+2349-D. A business that uses the services of an-independent contractor and the independent contractor may prove the existence-of an independent contractor relationship by executing a written agreement that-complies with this subsection. The written agreement shall evidence-that the business does not have the authority to supervise or control the-actual work of the independent contractor or the independent contractor's-employees. A written agreement executed in compliance with this-subsection creates a rebuttable presumption of an independent contractor-relationship between the parties if the written agreement contains a disclosure-statement that the independent contractor is not entitled to workers'-compensation benefits from the business. Unless the rebuttable-presumption is overcome, no premium may be collected by the carrier on payments-by the business to the independent contractor if a fully completed written-agreement that satisfies the requirements of this subsection is submitted to-the carrier.� The written agreement shall be dated and contain the signatures-of both parties and, unless otherwise provided by law, shall state that the-business:+7. 2/13/2026� Page 0 Land,+Agriculture & Rural Affairs-1. Does not require the independent contractor to-perform work exclusively for the business. This paragraph shall is not be construed as-conclusive evidence that an individual who performs services primarily or-exclusively for another person is an employee of that person.+8.-2. Does not provide the independent contractor with-any business registrations or licenses required to perform the specific-services set forth in the contract.--3. Does not pay the independent contractor a salary-or hourly rate instead of an amount fixed by contract.--4. Will not terminate the independent contractor-before the expiration of the contract period, unless-the independent contractor breaches the contract or violates the laws of this-state.--5. Does not provide tools to the independent-contractor.--6. Does not dictate the time of performance.--7. Pays the independent contractor in the name-appearing on the written agreement.--8. Will not combine business operations with the person-performing the services rather than maintaining these operations separately.--E. A business that uses the services of a sole-proprietor who has waived the sole proprietor's rights to workers' compensation-coverage and benefits pursuant to section 23-961, subsection N is not-liable for workers' compensation coverage or the payment of premiums for the-sole proprietor.--F. The written agreement executed in compliance with-subsection D of this section shall be null and void and create no presumption-of an independent contractor relationship if the consent of either party is-either:--1. Obtained through misrepresentation, false-statements, fraud or intimidation.--2. Obtained through coercion or duress.--G. If any agreement is found to be null and void-under subsection F of this section the insurance carrier is entitled to collect-a premium. END_STATUTE+9. ---------- DOCUMENT+FOOTER ---------
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