Bill Text: AZ HB2148 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Minimum wage; nonmonetary compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-17 - House COM Committee action: Held [HB2148 Detail]
Download: Arizona-2016-HB2148-Introduced.html
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REFERENCE TITLE: minimum wage; nonmonetary compensation. |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2148 |
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Introduced by Representative Fann
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AN ACT
Repealing section 23‑362, Arizona Revised Statutes, as added by laws 1997, chapter 51, section 1; Amending section 23‑362, Arizona Revised Statutes, as added by proposition 202, section 2, election of november 7, 2006; amending Title 23, chapter 2, article 8, Arizona Revised Statutes, by adding section 23-366; relating to the minimum wage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 23-362, Arizona Revised Statutes, as added by Laws 1997, chapter 51, section 1, is repealed.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 23-362, Arizona Revised Statutes, as added by Proposition 202, section 2, election of November 7, 2006, is amended to read:
23-362. Definitions
As used in this article, unless the context otherwise requires:
G. 1. "Commission" means the industrial commission of Arizona, any successor agency, or such any other agency as that the governor shall designate designates to implement this article.
D. 2. "Employ" includes to suffer or permit to work; whether a person is an independent contractor or an employee shall be determined according to the standards of the federal fair labor standards act, but the burden of proof shall be upon the party for whom the work is performed to show independent contractor status by clear and convincing evidence.
A. 3. "Employee" means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling, or who is employed performing babysitting services in the employer's home on a casual basis.
B. 4. "Employer" includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the this state of Arizona, the United States, or a small business.
F. 5. "Law enforcement officer" means the attorney general, a city attorney, a county attorney or a town attorney.
C. 6. "Small business" means any corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than five hundred thousand dollars in gross annual revenue and that is exempt from having to pay a minimum wage under section 206(a) of title 29 of the United States Code.
E. 7. "Wage" means:
(a) Monetary compensation due to an employee by reason of employment, including an employee's commissions, but not tips or gratuities.
(b) The reasonable cost, as determined by the commission, to the employer of furnishing an employee with board, lodging or other facilities that are customarily furnished by the employer to the employer's employees, except that Wage does not include the cost of board, lodging or other facilities to the extent that this cost is excluded from a wage under a bona fide collective bargaining agreement that is applicable to the employee.
Sec. 3. Title 23, chapter 2, article 8, Arizona Revised Statutes, is amended by adding section 23-366, to read:
23-366. Determination of reasonable cost of board, lodging or other facilities
A. for the purposes of evaluating nonmonetary compensation, the commission may determine the fair value of board, lodging or other facilities for defined classes of employees and in defined areas based on any of the following:
1. The average cost to the employer or to groups of employers that are similarly situated.
2. the Average values to groups of employees.
3. Other appropriate measures of fair value.
B. The determinations made pursuant to subsection A of this section, if applicable and pertinent, shall be used in lieu of the actual measure of cost in determining the wage paid to any employee.
Sec. 4. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 23-362, Arizona Revised Statutes, as added by Laws 1997, chapter 51, section 1 and repealed by this act, section 23‑362, Arizona Revised Statutes, as added by Proposition 202, section 2, election of November 7, 2006, and amended by this act, and section 23‑366, Arizona Revised Statutes, as added by this act, are effective only on the affirmative vote of at least three‑fourths of the members of each house of the legislature.
