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A.R.S. § 35-121.01: Local Minimum Wage Charge

Local minimum wage; reimbursement of state costs; collection; withholding

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Can Arizona charge a city for raising its minimum wage above the state rate?

In Arizona, the legislature may have the state charge a county, city, or town for the state's next-year costs tied to that local government's minimum wage if it is higher than the state minimum wage. The department must assess the charge by July 31 each year, due immediately, and if it is unpaid by December 31 of the year the allocation is made, the department notifies the state treasurer, who subtracts it, plus interest, from payments owed to that local government under section 42-5029, subsection D. If those payments are not enough, the treasurer withholds the remainder from other state money payable to it.

Full statute text

Official text last checked against azleg.gov:

35-121.01. Local minimum wage; reimbursement of state costs; collection; withholding

A. After considering the information in the budget estimates required by section 35-113, the legislature may allocate and, if allocated, the department of administration shall assess and collect from a county, city or town an amount to reimburse this state for the cost to this state in the next fiscal year attributable to the county's, city's or town's establishment of a minimum wage if that minimum wage exceeds the minimum wage established by this state pursuant to section 23-363.

B. The department shall assess the amounts under this section not later than July 31 of each year. The amounts are payable immediately on assessment. If the county, city or town does not pay to the department the amount allocated pursuant to this section on or before December 31 of the year the allocation is made, the department shall notify the state treasurer, who shall subtract the amount owed by the county, city or town from any payments required to be made by the state treasurer to that county, city or town pursuant to section 42-5029, subsection D, plus interest on that amount pursuant to section 44-1201, retroactive to the first day the amount was due. If the amount the state treasurer withholds is insufficient to meet the requirements of this section, the state treasurer shall withhold from any other monies payable to that county, city or town from whatever state funding source is available an amount necessary to fulfill the requirement.

C. Unless otherwise required by law, the monies paid to the department or withheld by the state treasurer for the amounts assessed pursuant to subsection A of this section shall be credited to the funds in the amounts prescribed in the estimates required pursuant to section 35-113.

Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.

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