Does a measure to decrease the minimum wage for young Arizona workers alter what voters approved when they increased the wage in 2016?

That was the question debated by a panel of state lawmakers Thursday, who moved the bill one step closer to the governor's desk. Had they decided otherwise, it would have doomed the proposal.

House Bill 2523 would allow businesses to pay the lower federal minimum wage to part-time workers younger than 22 if they also are full-time students.

Democrats have opposed the bill. Sen. Tony Navarrete, D-Phoenix, cited a memo for the Legislature's lawyer that determined the bill does require a three-fourths majority vote to be enacted. The measure passed the House by just two votes last month.

That fired up the bill's sponsor, Rep. Travis Grantham, R-Gilbert, who said the memo was written by an intern and was not reliable legal advice.

Navarrete said he spoke with the general counsel for the Legislature and understood the memo to be a legitimate opinion, but Grantham wouldn't hear it.

"There's a million lawyers on either side of this issue that will tell you whatever you want," Grantham said. "I wasn't very happy about the fact they issued something that became the opposition's talking points on my bill."

Grantham continued: "I don’t necessarily care what this specific attorney thinks. I have a different opinion. And I'm a lawmaker."

Voters approved Proposition 206, the Fair Wages and Healthy Families Act, in 2016. It raised the state's minimum wage to $12 next year from $8.05 in 2016. It rose to $10 in 2017, $10.50 in 2018 and $11 this year.

The state's minimum wage for waiters, bartenders, valets, hairstylists and other tipped employees is less, provided these workers earn at least the higher minimum for all hours that they work.

The federal minimum is $7.25 an hour and still used in 21 states.

Lawmakers eventually punted on the debate about whether a super-majority vote was needed, and the measure cleared the Senate Commerce Committee on a party-line vote of 4-3.

What the bill does

Grantham's bill would let businesses pay the federal minimum wage and negotiate other work arrangements with people younger than 22, who are working on a "casual basis" and who are enrolled as full-time students.

The bill defines "casual basis" as people who work no more than 20 hours a week or who might work more than 20 hours a week but not regularly or only for intermittent periods.

The Legislative Council memo debated by lawmakers said HB 2523 would change the voter-approved wages and thus be subject to the Arizona Voter Protection Act, otherwise known as Proposition 105.

"The voter approved minimum wage requirement applies to all employees except for persons working for a parent or sibling and persons who do in-home babysitting on a

casual basis," the memo reads. "Because House Bill 2523 would change the application of the minimum wage requirement, the bill is subject to Proposition 105."

Grantham said there has been "a ton of misinformation around this bill."

He said his intent is not to amend Prop. 206, but to allow employers to give inexperienced, young workers a job that the employers otherwise couldn't afford because of wage requirements.

Supporters say bill brings jobs

Speaking in favor of the bill, Joe Galli from the Flagstaff Chamber of Commerce said the bill would open new job opportunities for young people, which is important in Flagstaff with the Northern Arizona University student population.

"We have a problem in our state," Galli said.

"We believe this bill supports completely the strengths of young people. The bill actually provides more opportunity for employers. Under our current system, employers are going the other direction."

Sen. J.D. Mesnard, R-Chandler, said the bill would create jobs.

"I haven't heard anyone here deny that young people are probably being priced out of the market," Mesnard said.

The Goldwater Institute, Market Freedom Alliance and Arizona Free Enterprise Club joined various chambers of commerce in supporting the bill.

"It is indisputable the minimum wage laws are cruelest to the youngest, inexperienced workers who get priced out of the opportunity," Goldwater Institute lawyer Jon Riches said.

Personal testimony

Grantham said when he was 18, he worked as a lot attendant at a Chevy dealership for minimum wage, but dealers today don't offer such jobs. Instead, salespeople and mechanics do the labor around the car lots, because it is too expensive to pay the minimum wage to low-skilled workers.

He said opposition to the bill has been "helped by the social activists who write the news for us."

But many young people have voiced concerns over the bill, and they showed up Thursday.

Aaron Garcia, a 22-year-old Phoenix College student who works for an armored-truck company and serves in the Arizona National Guard, said he was there to speak on behalf of younger workers who would be affected by the bill. The bill would only apply to workers younger than 22.

"I find it odd my state supports me when I put my life on the line but doesn't deem me worthy to pay me the state level (wage)," he said.

Sen. Tyler Pace, R-Mesa, told Garcia that employers would not have to reduce pay for such workers if the bill becomes law, but would simply have the choice.

Alexa Franco told lawmakers she has been working since she was 16, and that it seems likely employers will reduce wages for all young workers if the bill passes.

"If they can, they will," she said.

Elizabeth Thorely said she will not turn 22 until 2020, and the bill "will be a nightmare for me and others."

"Some of us are helping our parents," she said. "Some of us are supporting homes of our own."

Reach reporter Ryan Randazzo at ryan.randazzo@arizonarepublic.com or 602-444-4331. Follow him on Twitter @UtilityReporter.