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REFERENCE TITLE: minimum wage; exception; homeless |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HCR 2040 |
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Introduced by Representative Olson
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to the minimum wage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to minimum wage, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending section 23-363, arizona revised statutes; relating to the minimum wage.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-363, Arizona Revised Statutes, is amended to read:
23-363. Minimum wage
A. Employers shall pay employees no not less than the minimum wage, which shall be not less than:
1. $10 per hour on and after January 1, 2017.
2. $10.50 per hour on and after January 1, 2018.
3. $11 per hour on and after January 1, 2019.
4. $12 per hour on and after January 1, 2020.
B. The minimum wage shall be increased on January 1, 2021 and on January 1 of successive years, by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, U.S. United States city average for all items) or its successor index as published by the U.S. United States department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents .05.
C. For any employee who customarily and regularly receives tips or gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour less than the minimum wage if the employer can establish by its the employer's records of charged tips or by the employee's declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips received to wages paid, the employee received not less than the minimum wage for all hours worked. Compliance with this provision subsection will be determined by averaging tips received by the employee over the course of the employer's payroll period or any other period selected by the employer that complies with regulations adopted by the commission.
D. An individual who is homeless or who is at risk of becoming homeless may voluntarily opt out of the minimum wage requirement of this section by submitting written notice to an employer or a potential employer of the individual's decision to opt out of the minimum wage requirement.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.