coverage; family and medical leave.

SB1464 - 572R - I Ver

REFERENCE TITLE:
coverage; family and medical leave.

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1464

Introduced by

Senators
Kuby: Alston, Gabald�n, Hatathlie, Miranda, Ortiz;� Representatives De Los
Santos, Garcia, Gutierrez, Liguori, M�rquez, Sandoval, Stahl Hamilton,
Villegas

AN
ACT

amending title 23, chapter 2, Arizona
Revised Statutes, by adding article 8.2; relating to employment practices.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 23, chapter 2, Arizona Revised
Statutes, is amended by adding article 8.2, to read:

ARTICLE 8.2. FAMILY AND
MEDICAL LEAVE

START_STATUTE
23-382.

Definitions

In this article, unless the context otherwise
requires:

1. "Abuse" has the same
meaning prescribed in section 13-3623.

2. "Application year" means
the twelve-month period beginning on the first day of the calendar week in
which an individual files an application for family and medical leave insurance
benefits.

3. "Average weekly wage"
means one-thirteenth of the covered individual's total wages for covered work
paid during the quarter of the person's base period in which such total wages
were highest.

4. "Base period" has the
same meaning prescribed in section 23-605.

5. "Commission" means the
industrial commission of Arizona.

6. "Covered individual"
means any person who meets all of the following requirements:

(
a
) Meets one
of the following:

(
i
) Has been
paid wages for covered work during the individual's base period equal to at
least one and one-half times the wages paid to the individual in the calendar
quarter of the individual's base period in which the wages were highest, and
the individual has been paid wages for covered work in one calendar quarter of
the individual's base period equal to an amount that is equal to at least three
hundred ninety times the minimum wage prescribed by section 23-363 that
is in effect when the individual files a claim for benefits.

(
ii
) Has been
paid wages for covered work during at least two quarters of the individual's
base period and the amount of the wages paid in one quarter would be sufficient
to qualify the individual for the maximum weekly benefit amount payable under
this article and the total of the individual's base-period wages is equal to or
greater than the taxable limit for unemployment insurance as specified in
section 23-622, subsection B, paragraph 1.

(
iii
) Is self-employed,
elects coverage and meets the requirements of section 23-382.12.

(
b
) Meets the
administrative requirements outlined in this article and in rules adopted
pursuant to this article.

(
c
) Submits an
application.

7. "Director" means the
director of the commission.

8. "Domestic violence" has
the same meaning prescribed in section 13-3601.

9. "Employee" has the same
meaning prescribed in section 23-362.

10. "Employer" has the same
meaning prescribed in section 23-371, except that an employer also
includes this state.

11. "Family and medical leave
insurance benefits" means the benefits provided under this article.

12. "Family member" has the
same meaning prescribed in section 23-371.

13. "Health care provider"
means any person licensed under federal law or the laws of this state to
provide medical or emergency services, including doctors, nurses and emergency
room personnel, or certified midwives.

14. "Qualifying exigency
leave" means leave based on a need arising out of a covered individual's
family member's active duty service or notice of an impending call or order to
active duty in the Armed Forces, including any of the following:

(
a
) Providing
for the care or other needs of the military member's child or other family
member.

(
b
) Making
financial or legal arrangements for the military member.

(
c
) Attending
counseling.

(
d
) Attending
military events or ceremonies.

(
e
) Spending
time with the military member during a rest and recuperation leave or following
return from deployment.

(
f
) Making
arrangements following the death of the military member.

15. "Retaliatory personnel
action":

(
a
) Means
denial of any right guaranteed under this article, including either of the
following:

(
i
) Any threat,
discharge, suspension, demotion or reduction of hours or any other adverse
action against an employee for the exercise of any right guaranteed in this
article.

(
ii
) Reporting
or threatening to report an employee's suspected citizenship or immigration
status or the suspected citizenship or immigration status of a family member of
the employee to a federal, state or local agency.

(
b
) Includes
interference with or punishment for in any manner participating in or assisting
an investigation, proceeding or hearing under this article.

16. "Safe leave" means,
notwithstanding section 13-4439, absence necessary due to domestic violence,
sexual violence, abuse or stalking, if the leave is to allow the covered
individual to obtain for the covered individual or the covered individual's
family member any of the following:

(
a
) Medical
attention needed to recover from physical or psychological injury or disability
caused by domestic violence, sexual violence, abuse or stalking.

(
b
) Services
from a domestic violence or sexual violence program or victim services
organization.

(
c
) Psychological
or other counseling.

(
d
) Relocation
or taking steps to secure an existing home due to the domestic violence, sexual
violence, abuse or stalking.

(
e
) Legal
services, including preparing for or participating in any civil or criminal
legal proceeding related to or resulting from the domestic violence, sexual
violence, abuse or stalking.

17. "Serious health
condition" has the same meaning prescribed in section 101 of the family
and medical leave act of 1993 (P.L. 103-3; 107 Stat. 6; 29 United States
Code section 2611).

18. "Sexual violence" has
the same meaning prescribed in section 23-371.

19. "Stalking" has the same
meaning prescribed in section 23-371.

20. "State average weekly
wage" means the average monthly wage, as calculated under section 23-1041,
subsection E, divided by 4.5.
END_STATUTE

START_STATUTE
23-382.01.

Eligibility for benefits

Beginning January 1, 2029, family and medical
leave insurance benefits are payable to an individual who both:

1. Meets the definition of covered
individual under this article.

2. Meets one of the following
requirements:

(
a
) Because of
birth, adoption or placement through foster care, is caring for a new child
during the first year after the birth, adoption or placement of that child.

(
b
) Is caring
for a family member with a serious health condition.

(
c
) Is pregnant
or recovering from childbirth or has an illness, injury, impairment or physical
or mental condition that involves inpatient care in a hospital, hospice or
residential medical care facility or continuing treatment by a health care
provider and that makes the covered individual unable to perform the functions
of the employee's position.

(
d
) Qualifies
for qualifying exigency leave arising out of the fact that the family member of
the covered individual is on active duty or has been notified of an impending
call or order to active duty in the Armed Forces.

(
e
) Is in need
of safe leave.
END_STATUTE

START_STATUTE
23-382.02.

Duration of benefits

A. The maximum number of weeks during
which family and medical leave insurance benefits are payable to a covered
individual in an application year is as follows:

1. Under section 23-382.01,
paragraph 2, subdivision (
c
), twenty-six weeks.

2. Under section 23-382.01,
paragraph 2, subdivision (
a
), (
b
),
(
d
) or (
e
), twenty-four
weeks.

B. A covered individual is eligible
for twenty-six weeks of leave under subsection A, paragraph 1 of this
section and twenty-four weeks of leave under subsection A, paragraph 2 of
this section in an application year.

C. In addition to the family and
medical leave insurance benefits that are prescribed in subsection A of this
section, an employer:

1. May provide additional leave
benefits for a covered individual.

2. Shall provide a minimum of twelve
weeks of leave to a covered individual.

D. The first payment of benefits must
be made to a covered individual within two weeks after the claim is filed and
subsequent payments must be made every two weeks thereafter.
END_STATUTE

START_STATUTE
23-382.03.

Amount of benefits

A. The weekly
amount of family and medical leave insurance benefits is determined as follows:

1. If the covered individual's
average weekly wage is equal to or less than one-half of the state
average weekly wage, the benefit amount is equal to ninety percent of the
covered individual's average weekly wage.

2. If the covered individual's
average weekly wage is greater than one-half of the state average weekly
wage, the benefit amount is the sum of both of the following:

(
a
) Ninety
percent of one-half of the state average weekly wage.

(
b
) Fifty
percent of the difference of the covered individual's average weekly wage and
one-half of the state average weekly wage.

B. Beginning January 1, 2029, the
maximum weekly benefit amount calculated pursuant to subsection A of this
section is not more than $1,000 per week, except that annually, not later than
October 1 of each year thereafter, the commission shall adjust the maximum
weekly benefit amount to be ninety percent of the state average weekly wage and
the adjusted maximum weekly benefit amount shall take effect on January 1 of
the year following the adjustment.

C. The minimum weekly benefit may not
be less than $100 per week, except that if the covered individual's average
weekly wage is less than $100 per week, the weekly benefit shall be the covered
individual's full wage.

D. Family and medical leave insurance
benefits are not payable for less than eight hours of family and medical leave
taken in one work week.�
END_STATUTE

START_STATUTE
23-382.04.

Contributions

A. Payroll contributions are
authorized to finance the payment of benefits under the family and medical
leave insurance program.

B. Beginning January 1, 2028, Payroll
contributions shall be paid by employers and employees in the ratio of one-to-one
in an amount to be determined by the commission.

C. Not later than October 1 of each
year, the commission shall fix the contribution rate for the coming calendar
year as follows:

1. For calendar years 2028 and 2029,
the commission shall do so based on sound actuarial principles.

2. For calendar year 2028 and each
calendar year thereafter, the commission shall first certify and publish all of
the following information:

(
a
) The total
amount of family and medical leave insurance benefits paid by the commission
during the previous fiscal year.

(
b
) The total
amount remaining in the family and medical leave insurance fund established by
section 23-382.15 at the close of the fiscal year.

(
c
) The total
amount equal to one hundred forty percent of the previous fiscal year's
expenditures for family and medical leave insurance benefits paid and for the
administration of the family and medical leave insurance program.

(
d
) The amount
by which the total amount remaining in the family and medical leave insurance
fund established by section 23-382.15 at the close of the previous fiscal
year is less than or greater than one hundred forty percent of the previous
fiscal year's expenditures for family and medical leave insurance benefits paid
and for the administration of the family and medical leave insurance program.

(
e
) The amount
by which the contribution rate shall be adjusted to ensure that the family and
medical leave insurance fund established by section 23-382.15 maintains
or achieves an annualized amount of not less than one hundred percent of the
previous fiscal year's expenditures for family and medical leave insurance
benefits paid and for the administration of the family and medical leave
insurance program.

The contribution rate
adjustment, if any, made as the result of the commission's certification and report
under this subsection shall supersede the rate previously set forth and shall
become effective on January 1 of the following calendar year.

D. A self-employed individual who
elects coverage under section 23-382.12 is responsible for the employee
share of contributions set forth in subsection B of this section on that
individual's income from self-employment.
END_STATUTE

START_STATUTE
23-382.05.

Reduced leave schedule

A. A covered individual is entitled,
at the option of the covered individual, to take paid family and medical leave
on an intermittent or reduced leave schedule in which all of the leave
authorized under this article is not taken sequentially. Family and
medical leave insurance benefits for intermittent or reduced leave schedules
shall be prorated.

B. The covered individual shall
provide the employer with prior notice of the schedule on which the covered
individual will be taking the leave, to the extent practicable.� Paid family
and medical leave taken under this section may not result in a reduction of the
total amount of leave to which an employee is entitled beyond the amount of
leave actually taken.

C. This section does not entitle a
covered individual to more leave than required under section 23-382.02.
END_STATUTE

START_STATUTE
23-382.06.

Leave and employment protection; enforcement

A. Any covered individual who
exercises the covered individual's right to family and medical leave insurance
benefits is entitled, on the expiration of that leave, to be restored by the
employer to the position held by the covered individual when the leave
commenced, or to a position with equivalent seniority, status, employment
benefits, pay and other terms and conditions of employment, including fringe
benefits and service credits, that the covered individual had been entitled to
at the commencement of leave.

B. During any leave taken pursuant to
this article, the employer shall maintain any health care benefits the covered
individual had before taking such leave for the duration of the leave as if the
covered individual had continued in employment continuously from the date the
covered individual commenced the leave until the date the family and medical
leave insurance benefits terminate, if the covered individual continues to pay
the covered individual's share of the cost of health benefits as required
before the commencement of the leave.

C. This section and section 23-382.07
shall be enforced as follows:

1. On receipt of a written complaint
from an employee, the director shall investigate whether the employer has
violated this article.

2. If the director determines that an
employer has violated this article, the director shall do any of the following:

(
a
) With the
written consent of the employee, attempt to informally resolve any pertinent
issue through mediation.

(
b
) With the
written consent of the employee, request the attorney general to bring an
action on behalf of the employee in accordance with this article.

(
c
) Bring an
action on behalf of an employee in the county where the violation allegedly
occurred.

3. An employee may bring a civil
action in a court of competent jurisdiction against the employee's employer for
a violation of this article regardless of whether the employee first filed a
complaint with the director.

4. An action brought under paragraph
2 or 3 of this subsection shall be filed within three years after the
occurrence of the act on which the action is based.

5. If a court finds that an employer
violated this article in an action brought under paragraph 2 or 3 of this
subsection, the court may award the employee all of the following:

(
a
) The full
monetary value of any unpaid family and medical leave that the employee was
unlawfully denied.� Unpaid family and medical leave awarded pursuant to this
subdivision shall be paid to the employee without cost to the employee.

(
b
) Actual
economic damages suffered by the employee as a result of the employer's
violation of this article.

(
c
) An
additional amount of not more than three times the damages awarded under
subdivision (
b
) of this paragraph.

(
d
) Reasonable
attorney fees and other costs.

(
e
) Any other
relief that the court deems appropriate, including reinstatement of employment,
back pay and injunctive relief.

6. If the action was brought by the
attorney general under paragraph 2, subdivision (
b
) of
this subsection, the court shall order the employer to pay at least $1,000 per
violation to this state.
END_STATUTE

START_STATUTE
23-382.07.

Retaliatory personnel actions prohibited

A. It is unlawful for an employer or
any other person to interfere with, restrain or deny the exercise of, or the
attempt to exercise, any right protected under this article.

B. An employer, temporary help
company, employment agency, employee organization or other person may not take
retaliatory personnel action or otherwise discriminate against a person because
the person exercised rights protected under this article.� These rights include
all of the following:

1. Requesting, filing for, applying
for or using benefits or leave provided for under this article.

2. Communicating to the employer or
any other person or entity an intent to file a claim, a complaint with the
commission or courts or an appeal.

3. Testifying, planning to testify or
assisting in any investigation, hearing or proceeding under this article at any
time, including during the waiting period and the period in which the person
receives family and medical leave insurance benefits under this article.

4. Informing any person about any
employer's alleged violation of this article.

5. Informing any person of a person's
rights under this article.

C. It is unlawful for an employer's
absence control policy to count paid family and medical leave taken under this
article as an absence that may lead to or result in discipline, discharge,
demotion, suspension or any other adverse action.

D. The protections of this section
apply to any person who mistakenly but in good faith alleges violations of this
article.

E. There is a rebuttable presumption
that an employer has violated this article if the employer takes adverse action
against an employee within ninety days after the employee does any of the
following:

1. Files a complaint with the
director alleging a violation of this article or brings a civil action under
this article.

2. Informs a person about the
employer's alleged violation of this article.

3. Cooperates with the director or
another person in the investigation or prosecution of the employer's alleged
violation of this article.

4. Opposes a policy or practice of
the employer or an act of the employer that is prohibited under this article.

5. Takes or requests leave or
benefits under this article.

F. An employer may overcome the
rebuttable presumption established pursuant to subsection E of this section
with clear and convincing evidence of all of the following:

1. That the employer's action was not
retaliation against the employee.

2. That the employer had sufficient
independent justification for taking the action.

3. That the employer would have in
fact taken the action in the same manner and at the same time the action was
taken, regardless of the employee's exercise of protected rights under this
article.
END_STATUTE

START_STATUTE
23-382.08.

Coordination of benefits

A. Leave
taken with wage replacement under this article that also qualifies as leave
under the family and medical leave act of 1993 (P.L. 103�3; 107 Stat. 6;
29 United States Code sections 2601 through 2654) shall run concurrently with
leave taken under the family and medical leave act of 1993 (P.L. 103�3; 107
Stat. 6; 29 United States Code sections 2601 through 2654).

B. A covered individual is not
required to use any accrued paid sick, vacation or annual leave, including sick
leave under section 23-373, or other paid time off to which the covered
individual is entitled before or while receiving family and medical leave
insurance benefits, provided, however, that if the employer and the covered
individual agree, a covered individual may elect to use accrued paid sick,
vacation or annual leave or other paid time off to supplement family and
medical leave insurance benefits under this article in order to receive full
pay while on leave.

C. An employer may require that
payment made pursuant to this article be made concurrently or otherwise
coordinated with payment made or leave allowed under the terms of disability or
family care leave under a collective bargaining agreement or employer
policy. The employer must give employees written notice of this
requirement.

D. This article does not diminish an
employer's obligation to comply with any of the following that provide more
generous leave:

1. A collective bargaining agreement.

2. Employer policy.

3. Any other law.

E. An individual's right to leave
under this article may not be diminished by a collective bargaining agreement
entered into or renewed, or an employer policy adopted or retained, after the
effective date of this article.� Any agreement by an individual to waive the
individual's rights under this article is void as against public policy.
END_STATUTE

START_STATUTE
23-382.09.

Notice; civil penalty

A. Each employer shall provide
written notice that complies with this section:

1. To each employee on hiring and
annually thereafter.

2. To an employee when the employee
requests leave under this article.

3. To an employee when the employer
acquires knowledge that the employee's leave may be for a qualifying reason
under section 23-382.01.

B. Any noticed provided under this
section shall include all of the following:

1. The employee's right to family and
medical leave insurance benefits under this article and the terms under which
it may be used.

2. The amount of family and medical
leave insurance benefits.

3. The procedure for filing a claim
for benefits.

4. The right to job protection and
benefits continuation under section 23-382.06.

5. That discrimination and
retaliatory personnel actions against a person for requesting, applying for or
using family and medical leave insurance benefits is prohibited under section
23-382.07.

6. That the employee has a right to
file a complaint for violations of this article.

7. The contact information for the
commission where questions about rights and responsibilities under this article
can be answered.

C. An employer shall also display and
maintain a poster in a conspicuous place accessible to employees at the
employer's place of business that contains the information required by this
section in English, Spanish and any language that is the first language spoken
by at least five percent of the employer's workforce, provided that such notice
has been provided by the commission. The director may adopt rules to
establish additional requirements concerning the means by which employers shall
provide such notice.

D. In any case in which the necessity
for leave under this article is foreseeable, the employee shall provide the
employer with at least thirty days' notice before the date the leave is to
begin, or, if such notice is not possible, the employee shall provide such
notice as is practicable.� In any case for which the necessity for leave under
this article is not foreseeable, the employee shall provide such notice as is
practicable.

E. The amount of family and medical
leave available to an employee and the amount of family and medical leave taken
by an employee to date in the year shall be recorded in, or on an attachment
to, the employee's regular paycheck.

F. Any employer that violates the
recordkeeping, posting or other requirements that the commission establishes
under this section is subject to a civil penalty of at least $250 for a first
violation, and at least $1,000 for each subsequent or wilful violation and, if
the commission or court determines appropriate, may be subject to special
monitoring and inspections.
END_STATUTE

START_STATUTE
23-382.10.

Benefits appeals

A. The
director shall establish a system for appeals in the case of a denial of family
and medical leave insurance benefits.

B. Judicial review of any decision
with respect to family and medical leave insurance benefits is allowed in a
court of competent jurisdiction after a party aggrieved by the decision has
exhausted all administrative remedies established by the director.

C. The director shall implement
procedures to ensure confidentiality of all information related to any claims
filed or appeals taken to the maximum extent allowed by applicable laws.
END_STATUTE

START_STATUTE
23-382.11.

Erroneous payments and disqualification for benefits

A. A covered individual is
disqualified from family and medical leave insurance benefits for one year if
the individual is determined by the director to have wilfully made a false
statement or misrepresentation regarding a material fact, or wilfully failed to
report a material fact, to obtain benefits under this article.

B. If family and medical leave
insurance benefits are paid erroneously or as a result of wilful
misrepresentation, or if a claim for family and medical leave insurance
benefits is rejected after benefits are paid, the commission may seek repayment
of benefits from the recipient.� The director shall exercise the director's
discretion to waive, in whole or in part, the amount of any such payments for
good cause.
END_STATUTE

START_STATUTE
23-382.12.

Elective coverage

A. A self-employed person, including
a sole proprietor, partner or joint venturer, may elect coverage under this
article for an initial period of not less than three years.� The self-employed
person must file a notice of election in writing with the director, as required
by the commission.� The election becomes effective on the date the self-employed
person files the notice. As a condition of election, the self-employed
person must agree to supply any information concerning income that the
commission deems necessary.

B. A self-employed person who
has elected coverage may withdraw from coverage within thirty days after the
end of the three-year period of coverage, or at such other times as the
director may prescribe by rule, by filing written notice with the director.�
The withdrawal shall take effect not sooner than thirty days after the self-employed
person files the notice.
END_STATUTE

START_STATUTE
23-382.13.

Family and medical leave insurance program; rules

A. The commission shall establish and
administer a family and medical leave insurance program and, on or before
January 1, 2029, shall pay family and medical leave insurance benefits as
specified in this article.

B. The commission shall establish
reasonable procedures and forms for filing claims for benefits under this
article and shall specify the supporting documentation that is necessary to
support a claim for benefits, including any documentation required from a
health care provider for proof of a serious health condition.

C. The commission shall notify the
employer within five business days after a claim is filed pursuant to this
article.

D. The commission shall use
information sharing and integration technology to facilitate the disclosure of
relevant information or records, if an individual consents to the disclosure as
required under the laws of this state.

E. Information contained in the files
and records pertaining to an individual under this article is confidential and
not open to public inspection, other than to public employees in performing
their official duties. However, the individual or an authorized
representative of the individual may review the records or receive specific
information from the records on the presentation of the individual's signed
authorization.

F. The director shall adopt rules as
necessary to implement this article.
END_STATUTE

START_STATUTE
23-382.14.

Federal income tax

If the United States internal revenue service
determines that family and medical leave insurance benefits under this article
are subject to federal income tax, the commission must advise an individual
filing a new claim for family and medical leave insurance benefits, at the time
of filing such claim, of all of the following:

1. That the United States internal
revenue service has determined that benefits are subject to federal income tax.

2. That requirements exist pertaining
to estimated tax payments.

3. That the individual may elect to
have federal income tax deducted and withheld from the individual's payment of
benefits in the amount specified in the federal internal revenue code.

4. That the individual is allowed to
change a previously elected withholding status.
END_STATUTE

START_STATUTE
23-382.15.

Family and medical leave insurance fund

A. The family and medical leave
insurance fund is established consisting of contributions received pursuant to
section 23-382.04 and any other monies. The commission shall
administer the fund. Expenditures from the fund may be used only for
the purposes of the family and medical leave insurance program, including
conducting the public education campaign pursuant to section 23-382.17. Only
the director or the director's designee may authorize expenditures from the
fund.

B. Whenever, in the judgment of the
commission, there is in the family and medical leave insurance fund an amount
of monies of more than the amount deemed by the commission to be sufficient to
meet the current expenditures properly payable from the fund, the state
treasurer may invest, reinvest, manage, contract, sell or exchange investments
acquired with such excess funds in the manner prescribed by the laws of this
state on notice from the commission.
END_STATUTE

START_STATUTE
23-382.16.

Annual report

Beginning September 1, 2029 and each September 1
thereafter, the commission shall submit a report to the governor, the president
of the senate and the speaker of the house of representatives, and shall
provide a copy of the report to the secretary of state, that includes all of
the following:

1. The projected and actual program
participation by section 23-382.01 category.

2. The gender of the beneficiaries.

3. The premium rates.

4. The family and medical leave
insurance fund balances.

5. Outreach efforts.

6. For leave taken under section 23-382.01,
paragraph 2, subdivision (
b
), the family members for whom
leave was taken to provide care.
END_STATUTE

START_STATUTE
23-382.17.

Public education

The commission shall conduct a public education
campaign to inform employees and employers regarding the availability of family
and medical leave insurance benefits. Outreach information shall be
available in English, Spanish and other languages spoken by more than five
percent of this state's population.� The commission shall use monies from the
family and medical leave insurance fund established by section 23-382.15
to finance the public education campaign.
END_STATUTE

START_STATUTE
23-382.18.

Sharing technology

The commission is encouraged to use state data
collection and technology to the extent possible and to integrate the family
and medical leave insurance program with existing state policies.
END_STATUTE

Sec. 2.
Rulemaking

All rules necessary to implement this
act shall be adopted within one hundred twenty days after the effective date of
this act.

Sec. 3.
Severability

If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.

Sec. 4.
Short title

Title 23, chapter 2, article 8.2,
Arizona Revised Statutes, as added by this act, may be cited as the
"Arizona Thriving Families Act".

Sec. 5.
Emergency

This act is an emergency measure that
is necessary to preserve the public peace, health or safety and is operative
immediately as provided by law.