Maryland 2023 2023 Regular Session

Maryland House Bill HB549 Introduced / Bill

Filed 02/02/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0549*  
  
HOUSE BILL 549 
K3   	3lr0135 
    	CF 3lr0134 
By: The Speaker (By Request – Administration) and Delegates Acevero, Addison, 
Allen, Amprey, Bagnall, Bhandari, Boafo, Boyce, Charkoudian, Charles, 
Conaway, Cullison, Davis, Ebersole, Edelson, Embry, Feldmark, Fennell, 
Foley, Fraser–Hidalgo, Harris, Harrison, Healey, Henson, Holmes, Ivey, 
Jackson, D. Jones, Kaiser, Kaufman, Kelly, Kerr, J. Long, Lopez, Love, 
McCaskill, Mireku–North, Moon, Palakovich Carr, Pasteur, Patterson, 
Queen, Reznik, Rogers, Rosenberg, Ruth, Shetty, Simpson, Smith, Solomon, 
Stewart, Taveras, Toles, Turner, Valderrama, Vogel, Wells, White, Wilkins, 
Williams, Woods, Wu, and Young 
Introduced and read first time: February 2, 2023 
Assigned to: Economic Matters 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Fair Wage Act of 2023 2 
 
FOR the purpose of increasing the State minimum wage rate in effect for certain periods of 3 
time; increasing, except under certain circumstances, the State minimum wage rate 4 
in effect for certain periods of time based on annual growth in a certain consumer 5 
price index; altering the authority of the Board of Public Works to temporarily 6 
suspend an increase in the minimum wage rate; repealing the requirement that the 7 
Governor’s budgets for certain fiscal years include certain provider rate increases; 8 
and generally relating to the State minimum wage rate. 9 
 
BY repealing and reenacting, with amendments, 10 
 Article – Health – General 11 
 Section 7–307, 16–201.3, and 16–201.4 12 
 Annotated Code of Maryland 13 
 (2019 Replacement Volume and 2022 Supplement) 14 
 
BY repealing and reenacting, with amendments, 15 
 Article – Labor and Employment  16 
 Section 3–413 and 3–413.1 17 
 Annotated Code of Maryland  18 
 (2016 Replacement Volume and 2022 Supplement) 19 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20  2 	HOUSE BILL 549  
 
 
That the Laws of Maryland read as follows: 1 
 
Article – Health – General 2 
 
7–307. 3 
 
 (a) (1) In this section the following words have the meanings indicated. 4 
 
 (2) “Community direct service worker” means an employee of a community 5 
provider that provides treatment or services to developmentally disabled individuals. 6 
 
 (3) “Community provider” means a community–based agency or program 7 
funded by the Administration to serve individuals with developmental disabilities. 8 
 
 (4) “Rate” means the reimbursement rate paid by the Department to a 9 
community provider from the State General Fund, Maryland Medical Assistance Program 10 
funds, other State or federal funds, or a combination of funds. 11 
 
 (b) Notwithstanding the provisions of this title or any other provision of law, the 12 
Department shall reimburse community providers as provided in this section. 13 
 
 (c) Subject to subsection (d) of this section, the Department shall increase the rate 14 
of reimbursement for community service providers each fiscal year by the amount of rate 15 
increase included in the State budget for that fiscal year. 16 
 
 (d) (1) The Governor’s proposed budget for fiscal year 2019 shall include a 17 
3.5% rate increase for community service providers over the funding provided in the 18 
legislative appropriation for Object 08 Contractual Services in Program M00M01.02 19 
Community Services for fiscal year 2018. 20 
 
 (2) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 21 
rate increase for community service providers over the funding provided in the legislative 22 
appropriation for Object 08 Contractual Services in Program M00M01.02 Community 23 
Services for fiscal year 2020. 24 
 
 (3) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 25 
rate increase for community service providers over the funding provided in the legislative 26 
appropriation for Object 08 Contractual Services in Program M00M01.02 Community 27 
Services for fiscal year 2021. 28 
 
 (4) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 29 
rate increase for community service providers over the funding provided in the legislative 30 
appropriation for Object 08 Contractual Services in Program M00M01.02 Community 31 
Services for fiscal year 2022. 32 
 
 (5) The Governor’s proposed budget for fiscal year 2024 shall include a 4% 33 
rate increase for community service providers over the funding provided in the legislative 34   	HOUSE BILL 549 	3 
 
 
appropriation for Object 08 Contractual Services in Program M00M01.02 Community 1 
Services for fiscal year 2023. 2 
 
 [(6) The Governor’s proposed budget for fiscal year 2025 shall include a 4% 3 
rate increase for community service providers over the funding provided in the legislative 4 
appropriation for Object 08 Contractual Services in Program M00M01.02 Community 5 
Services for fiscal year 2024. 6 
 
 (7) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 7 
rate increase for community service providers over the funding provided in the legislative 8 
appropriation for Object 08 Contractual Services in Program M00M01.02 Community 9 
Services for fiscal year 2025.] 10 
 
 (e) The Governor’s proposed budget for fiscal year 2016 and thereafter for 11 
community service providers shall be presented in the same manner, including object and 12 
program information, as provided for in the fiscal year 2015 budget. 13 
 
 (f) A portion of the funds in subsection (e) of this section may be allocated to 14 
address the impact of an increase in the State minimum wage on wages and benefits of 15 
direct support workers employed by community providers licensed by the Developmental 16 
Disabilities Administration. 17 
 
16–201.3. 18 
 
 (a) (1) In this section the following words have the meanings indicated. 19 
 
 (2) “Community provider” means a community–based agency or program 20 
funded by the Behavioral Health Administration or the Medical Care Programs 21 
Administration to serve individuals with mental disorders, substance–related disorders, or 22 
a combination of these disorders. 23 
 
 (3) “Rate” means the reimbursement rate paid by the Department to a 24 
community provider from the State General Fund, Maryland Medical Assistance Program 25 
funds, other State or federal funds, or a combination of these funds. 26 
 
 (b) This section does not apply to reimbursement for any service provided by a 27 
community provider whose rates are regulated by the Health Services Cost Review 28 
Commission. 29 
 
 (c) It is the intent of the General Assembly that a substantial portion of the rate 30 
adjustment provided under subsection (d) of this section be used to: 31 
 
 (1) Compensate direct care staff and licensed clinicians employed by 32 
community providers; and 33 
 
 (2) Improve the quality of programming provided by community providers. 34 
  4 	HOUSE BILL 549  
 
 
 (d) (1) The Governor’s proposed budget for fiscal year 2019 and fiscal year 1 
2020 shall include a 3.5% rate increase for community providers over the funding provided 2 
in the legislative appropriation for the immediately preceding fiscal year for each of the 3 
following: 4 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 5 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 6 
 
 (ii) Object 08 Contractual Services in Program M00L01.02 7 
Community Services – Behavioral Health Administration; and 8 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 9 
Community Services for M edicaid State Fund Recipients – Behavioral Health 10 
Administration. 11 
 
 (2) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 12 
rate increase for community providers over the funding provided in the legislative 13 
appropriation for the immediately preceding fiscal year for each of the following: 14 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 15 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 16 
 
 (ii) Object 08 Contractual Services in Program M 00L01.02 17 
Community Services – Behavioral Health Administration; and 18 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 19 
Community Services for Medicaid State Fund Recipients – Behavioral Health 20 
Administration. 21 
 
 (3) The Governor’s proposed budget for fiscal year 2022 shall include a 22 
3.5% rate increase for community providers over the funding provided in the legislative 23 
appropriation for the immediately preceding fiscal year for each of the following: 24 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 25 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 26 
 
 (ii) Object 08 Contractual Services in Program M00L01.02 27 
Community Services – Behavioral Health Administration; and 28 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 29 
Community Services for Medicaid State Fund Recipients – Behavioral Health 30 
Administration. 31 
 
 (4) The Governor’s proposed budget for fiscal year 2023 shall include a 32 
3.25% rate increase for community providers over the funding provided in the legislative 33 
appropriation for the immediately preceding fiscal year for each of the following: 34 
   	HOUSE BILL 549 	5 
 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 1 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 2 
 
 (ii) Object 08 Contractual Services in Program M00L01.02 3 
Community Services – Behavioral Health Administration; and 4 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 5 
Community Services for Medicaid State Fund Recipients – Behavioral Health 6 
Administration. 7 
 
 (5) The Governor’s proposed budget for fiscal year 2024 shall include a 3% 8 
rate increase for community providers over the funding provided in the legislative 9 
appropriation for the immediately preceding fiscal year for each of the following: 10 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 11 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 12 
 
 (ii) Object 08 Contractual Services in Program M00L01.02 13 
Community Services – Behavioral Health Administration; and 14 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 15 
Community Services for Medicaid State Fund Recipients – Behavioral Health 16 
Administration. 17 
 
 (6) [The Governor’s proposed budget for fiscal year 2025 shall include a 4% 18 
rate increase for community providers over the funding provided in the legislative 19 
appropriation for the immediately preceding fiscal year for each of the following: 20 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 21 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 22 
 
 (ii) Object 08 Contractual Services in Program M00L01.02 23 
Community Services – Behavioral Health Administration; and 24 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 25 
Community Services for Medicaid State Fund Recipients – Behavioral Health 26 
Administration. 27 
 
 (7) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 28 
rate increase for community providers over the funding provided in the legislative 29 
appropriation for the immediately preceding fiscal year for each of the following: 30 
 
 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 31 
Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 32 
 
 (ii) Object 08 Contractual Services in Program M00L01.02 33 
Community Services – Behavioral Health Administration; and 34  6 	HOUSE BILL 549  
 
 
 
 (iii) Object 08 Contractual Services in Program M00L01.03 1 
Community Services for Medicaid State Fund Recipients – Behavioral Health 2 
Administration. 3 
 
 (8)] The Governor’s proposed budget for fiscal year 2019 and each fiscal year 4 
thereafter for community providers shall be presented in the same manner, including object 5 
and program information, as in the fiscal year 2018 budget. 6 
 
 (e) (1) The Behavioral Health Administration and the Medical Care Programs 7 
Administration jointly shall: 8 
 
 (i) Conduct an independent cost–driven, rate–setting study to set 9 
community provider rates for community–based behavioral health services that includes a 10 
rate analysis and an impact study tha t considers the actual cost of providing  11 
community–based behavioral health services; 12 
 
 (ii) Develop and implement a payment system incorporating the 13 
findings of the rate–setting study conducted under item (i) of this paragraph, including 14 
projected costs of implementation and recommendations to address any potential shortfall 15 
in funding; and 16 
 
 (iii) Consult with stakeholders, including community providers and 17 
individuals receiving services, in conducting the rate–setting study and developing the 18 
payment system required by this paragraph. 19 
 
 (2) The Administration, on or before September 30, 2019, shall complete 20 
the study required under paragraph (1)(i) of this subsection. 21 
 
 (3) The Administration shall adopt regulations to implement the payment 22 
system required by paragraph (1) of this subsection. 23 
 
 (f) If services of community providers are provided through managed care 24 
organizations, the managed care organizations shall: 25 
 
 (1) Pay the rate in effect during the immediately preceding fiscal year for 26 
the first fiscal year the managed care organizations provide the services; and 27 
 
 (2) Adjust the rate for community providers each fiscal year by at least the 28 
same amount that otherwise would have been required under subsection (d) of this section. 29 
 
 (g) Increased funding provided under subsection (d) of this section may be used 30 
only to increase the rates paid to: 31 
 
 (1) Community providers accredited by a State–approved accrediting body 32 
and licensed by the State; and 33 
   	HOUSE BILL 549 	7 
 
 
 (2) Health care providers who are acting within the scopes of practice of 1 
the health care providers’ licenses or certificates as specified under the Health Occupations 2 
Article. 3 
 
 (h) (1) On or before December 1, 2018, the Department shall submit an interim 4 
report to the Governor and, in accordance with § 2–1257 of the State Government Article, 5 
the General Assembly on the delivery system through which community–based behavioral 6 
health services should be provided and any preliminary recommendations regarding the 7 
payment system required under this section. 8 
 
 (2) On or before December 1, 2019, and on or before December 1 each year 9 
thereafter, the Department shall submit a report to the Governor and, in accordance with 10 
§ 2–1257 of the State Government Article, the General Assembly on the impact of the rate 11 
adjustments and the payment system required under this section on community providers, 12 
including the impact on: 13 
 
 (i) The wages and salaries paid and the benefits provided to direct 14 
care staff and licensed clinicians employed by community providers; 15 
 
 (ii) The tenure and turnover of direct care staff and licensed 16 
clinicians employed by community providers; and 17 
 
 (iii) The ability of community providers to recruit qualified direct 18 
care staff and licensed clinicians. 19 
 
 (3) The Department may require a community provider to submit, in the 20 
form and manner required by the Department, information that the Department considers 21 
necessary for completion of the report required under paragraph (2) of this subsection. 22 
 
16–201.4. 23 
 
 (a) (1) In this section the following words have the meanings indicated. 24 
 
 (2) “Provider” means a provider of: 25 
 
 (i) Nursing home services; 26 
 
 (ii) Medical day care services; 27 
 
 (iii) Private duty nursing services; 28 
 
 (iv) Personal care services; 29 
 
 (v) Home– and community–based services; and 30 
 
 (vi) Services provided through the Community First Choice program. 31 
  8 	HOUSE BILL 549  
 
 
 (3) “Rate” means the reimbursement rate paid by the Department to 1 
providers of nursing home, medical day care, private duty nursing, personal care, and 2 
home– and community–based services and services provided through the Community First 3 
Choice program from the State General Fund, Maryland Medical Assistance Program 4 
funds, other State or federal funds, or a combination of these funds. 5 
 
 (b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 6 
rate increase for providers over the funding provided in the legislative appropriation for 7 
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 8 
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 9 
Maryland Children’s Health Program – Medical Care Programs Administration. 10 
 
 (2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 11 
rate increase for providers over the funding provided in the legislative appropriation for 12 
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 13 
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 14 
Maryland Children’s Health Program – Medical Care Programs Administration. 15 
 
 (3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 16 
rate increase for providers over the funding provided in the legislative appropriation for 17 
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 18 
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 19 
Maryland Children’s Health Program – Medical Care Programs Administration. 20 
 
 (4) The Governor’s proposed budget for fiscal year 2024 shall include a 4% 21 
rate increase for providers over the funding provided in the legislative appropriation for 22 
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 23 
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 24 
Maryland Children’s Health Program – Medical Care Programs Administration. 25 
 
 (5) [The Governor’s proposed budget for fiscal year 2025 shall include a 4% 26 
rate increase for providers over the funding provided in the legislative appropriation for 27 
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 28 
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 29 
Maryland Children’s Health Program – Medical Care Programs Administration. 30 
 
 (6) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 31 
rate increase for providers over the funding provided in the legislative appropriation for 32 
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 33 
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 34 
Maryland Children’s Health Program – Medical Care Programs Administration. 35 
 
 (7)] The Governor’s proposed budget for fiscal year 2021 and each fiscal year 36 
thereafter shall be presented in the same manner, including object and program 37 
information, as in the fiscal year 2020 budget. 38 
 
Article – Labor and Employment 39   	HOUSE BILL 549 	9 
 
 
 
3–413. 1 
 
 (a) (1) In this section the following words have the meanings indicated. 2 
 
 (2) “CONSUMER PRICE INDEX” MEANS THE CONSUMER PRICE INDEX 3 
FOR ALL URBAN CONSUMERS FOR THE WASHINGTON–ARLINGTON–ALEXANDRIA, 4 
DC–VA–MD–WV METROPOLITAN AREA OR A SUCCESSOR METROPOL ITAN AREA 5 
INDEX PUBLISHED BY T HE FEDERAL BUREAU OF LABOR STATISTICS.  6 
 
 (3) “Employer” includes a governmental unit. 7 
 
 [(3)] (4) “Small employer” means an employer that employs 14 or fewer 8 
employees. 9 
 
 (b) Except as provided in subsection (d) of this section and §§ 3–413.1 and 3–414 10 
of this subtitle, each employer shall pay: 11 
 
 (1) to each employee who is subject to both the federal Act and this subtitle, 12 
at least the greater of: 13 
 
 (i) the minimum wage for that employee under the federal Act; or 14 
 
 (ii) the State minimum wage set under subsection (c) of this section; 15 
and 16 
 
 (2) to each other employee who is subject to this subtitle, at least the 17 
greater of:  18 
 
 (i) the highest minimum wage under the federal Act; or 19 
 
 (ii) the State minimum wage set under subsection (c) of this section. 20 
 
 (c) (1) Subject to § 3–413.1 of this subtitle and except as provided in paragraph 21 
(2) of this subsection, the State minimum wage rate is: 22 
 
 (i) [for the 12–month period beginning July 1, 2017, $9.25 per hour; 23 
 
 (ii) for the 18–month period beginning July 1, 2018, $10.10 per hour; 24 
 
 (iii) for the 12–month period beginning January 1, 2020, $11.00 per 25 
hour; 26 
 
 (iv) for the 12–month period beginning January 1, 2021, $11.75 per 27 
hour;  28 
  10 	HOUSE BILL 549  
 
 
 (v) for the 12–month period beginning January 1, 2022, $12.50 per 1 
hour;  2 
 
 (vi)] for the [12 month] 9–MONTH period beginning January 1, 2023, 3 
$13.25 per hour; 4 
 
 [(vii) for the 12–month period beginning January 1, 2024, $14.00 per 5 
hour; and 6 
 
 (viii)] (II) FOR THE 21–MONTH PERIOD beginning [January 1, 7 
2025] OCTOBER 1, 2023, $15.00 per hour; AND 8 
 
 (III) FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND 9 
EACH SUBSEQUENT 12–MONTH PERIOD , THE RATE D ETERMINED BY THE 10 
COMMISSIONER UNDER PA RAGRAPH (2)(II) OF THIS SUBSECTION . 11 
 
 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 12 
PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 13 
SUBSEQUENT 12–MONTH PERIOD , THE STATE MINIMUM WAGE RATE SHALL BE 14 
INCREASED BY THE AMO UNT, ROUNDED TO THE NEARE ST 5 CENTS, THAT EQUALS 15 
THE PRODUCT OF : 16 
 
 1. THE STATE MINIMUM WAGE RA TE IN EFFECT FOR THE 17 
IMMEDIATELY PRECEDIN G 12–MONTH PERIOD ; AND 18 
 
 2. THE LESSER OF: 19 
 
 A. THE AVERAGE PERCENTA GE GROWTH IN THE 20 
CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 21 
AS DETERMINED BY THE COMMISSIONER UNDER SU BPARAGRAPH (II)1 OF THIS 22 
PARAGRAPH ; OR 23 
 
 B. 5%. 24 
 
 (II) BEGINNING MARCH 1, 2025, AND EACH MARCH 1 25 
THEREAFTER , THE COMMISSIONER SHALL D ETERMINE AND ANNOUNC E: 26 
 
 1. THE AVERAGE PERCENTA GE GROWTH, IF ANY, IN THE 27 
CONSUMER PRICE INDEX BASED ON THE IM MEDIATELY PRECEDING 12–MONTH 28 
PERIOD FOR WHICH DAT A ARE AVAILABLE ON MARCH 1; AND 29 
 
 2. THE STATE MINIMUM WAGE RA TE EFFECTIVE FOR 30 
THE 12–MONTH PERIOD BEGINNING THE FOLLOWING JULY 1. 31 
   	HOUSE BILL 549 	11 
 
 
 (III) IF THE COMMISSIONER DETERMIN ES THAT THERE IS A 1 
DECLINE OR NO GROWTH IN THE CONSUMER PRICE INDEX, THE STATE MINIMUM 2 
WAGE RATE SHALL REMA IN THE SAME AS THE R ATE THAT WAS IN EFFE CT FOR THE 3 
IMMEDIATELY PRECEDIN G 12–MONTH PERIOD . 4 
 
 [(2)] (3) Subject to § 3–413.1 of this subtitle, the State minimum wage 5 
rate for a small employer is: 6 
 
 (i) [for the 18–month period beginning July 1, 2018, $10.10 per 7 
hour;  8 
 
 (ii) for the 12–month period beginning January 1, 2020, $11.00 per 9 
hour;  10 
 
 (iii) for the 12–month period beginning January 1, 2021, $11.60 per 11 
hour;  12 
 
 (iv) for the 12–month period beginning January 1, 2022, $12.20 per 13 
hour; 14 
 
 (v)] for the [12–month] 9–MONTH period beginning January 1, 2023, 15 
$12.80 per hour; AND 16 
 
 [(vi) for the 12–month period beginning January 1, 2024, $13.40 per 17 
hour; 18 
 
 (vii) for the 12–month period beginning January 1, 2025, $14.00 per 19 
hour;  20 
 
 (viii) for the 6–month period beginning January 1, 2026, $14.60 per 21 
hour; and  22 
 
 (ix)] (II) FOR THE 21–MONTH PERIOD beginning [July 1, 2026] 23 
OCTOBER 1, 2023, $15.00 per hour; AND 24 
 
 (III) FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND 25 
EACH SUBSEQUENT 12–MONTH PERIOD , EQUIVALENT TO THE STATE MINIMUM 26 
WAGE RATE UNDER PARA GRAPH (1)(III) OF THIS SUBSECTION . 27 
 
 (d) An employer may pay an employee a wage that equals a rate of 85% of the 28 
State minimum wage established under this section if the employee is under the age of 18 29 
years. 30 
 
3–413.1. 31 
 
 (a) In this section, “Board” means the Board of Public Works. 32  12 	HOUSE BILL 549  
 
 
 
 (b) [(1)] Subject to subsection (d) of this section [and except as provided in 1 
paragraph (2) of this subsection], on or before [October 1, 2020] MARCH 1, 2025, and 2 
[October] MARCH 1 each year thereafter [until October 1, 2024], the Board shall 3 
determine whether the seasonally adjusted total employment from the Current 4 
Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the 5 
most recent 6–month period is negative as compared with the immediately preceding  6 
6–month period. 7 
 
 [(2) The Board is not required to make a determination under paragraph 8 
(1) of this subsection if the Board has previously temporarily suspended an increase to the 9 
minimum wage rate specified under § 3–413(c) of this subtitle.] 10 
 
 (c) (1) Subject to subsection (d) of this section, the Board may temporarily 11 
suspend an increase to the minimum wage rate specified under § 3–413(c) of this subtitle 12 
if the Board determined under subsection [(b)(1)] (B) of this section that the seasonally 13 
adjusted total employment is negative. 14 
 
 (2) If the seasonally adjusted total employment is negative, the Board may 15 
consider the performance of State revenues in the previous 6 months, as reported by the 16 
Office of the Comptroller, in determining whether to temporarily suspend an increase to 17 
the minimum wage rate specified under § 3–413(c) of this subtitle. 18 
 
 (d) [The Board may temporarily suspend an increase to the minimum wage rate 19 
under subsection (c)(1) of this section only one time. 20 
 
 (e)] If the Board temporarily suspends an increase to the minimum wage rate 21 
specified under § 3–413(c) of this subtitle: 22 
 
 (1) the minimum wage rate in effect for the period beginning the following 23 
[January] JULY 1 shall remain the same as the rate that was in effect for the immediately 24 
preceding 12–month period;  25 
 
 (2) the remaining minimum wage rates specified in § 3–413 of this subtitle 26 
shall take effect 1 year later than the date specified; AND 27 
 
 (3) the Board shall notify the Commissioner that the minimum wage rate 28 
increase for the period beginning the following [January] JULY 1 is suspended for 1 year[; 29 
and 30 
 
 (4) a rate increase under §§ 7–307, 16–201.3, and 16–201.4 of the  31 
Health – General Article for the immediately following fiscal year may not go into effect]. 32 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33 
1, 2023. 34