PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1368
(Reference to printed bill)
Page 1, strike lines 34, 35 and 36, insert:
"Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 23-363, Arizona Revised Statutes, is amended to read:
23-363. Minimum wage
A. Employers shall pay employees no less than the minimum wage, which shall be six eight dollars and seventy-five cents ($6.75) ($8.00) an hour beginning on January 1, 2007, except that the minimum wage shall be nine dollars ($9.00) an hour for employees who do not receive health benefits from the employer.
B. The minimum wage shall be increased on January 1, 2008 and on January 1 of successive years each year 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. city average for all items) or its successor index as published by the U.S. department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents.
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 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 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."
Page 1, line 40, strike "is" insert "and section 23-363, as amended by this act, are"
Amend title to conform