EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1458*
HOUSE BILL 1458
K3 CONSTITUTIONAL AMENDMENT 5lr1536
CF SB 809
By: Delegates Boafo, Behler, Foley, Harris, Kaiser, Kaufman, Martinez, Roberson,
Terrasa, Williams, Wims, and Woods
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Declaration of Rights – Right to Minimum Wage for Tipped Workers 2
FOR the purpose of establishing that every person, as a central component of an 3
individual’s right to liberty and equality, has the fundamental right while engaged 4
in employment in the State with respect to which the payment of a tip is customary, 5
to be paid at a wage rate that is at least equal to the State minimum wage rate set 6
by law without regard to tips that the individual receives; and prohibiting the State 7
from, directly or indirectly, denying, burdening, or abridging the right unless 8
justified by a compelling State interest achieved by the least restrictive means. 9
BY proposing an addition to the Maryland Constitution 10
Declaration of Rights 11
Article 49 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
proposed that the Maryland Constitution read as follows: 15
Declaration of Rights 16
ARTICLE 49. 17
THAT EVERY PERSON , AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S RIGHT 18
TO LIBERTY AND EQUAL ITY, HAS THE FUNDAMENTAL RIGHT WHILE ENGAGED IN 19
EMPLOYMENT IN THE STATE WITH RESPECT TO WHIC H THE PAYMENT OF A TIP IS 20
CUSTOMARY , TO BE PAID AT A WAGE RATE THAT IS AT LEAST EQUAL TO THE STATE 21
MINIMUM WAGE RATE SET BY LAW WITHOUT REGARD TO TIPS THAT THE INDIVIDUAL 22
RECEIVES. THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR 23 2 HOUSE BILL 1458
ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST 1
ACHIEVED BY THE LEAS T RESTRICTIVE MEANS . 2
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 3
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 4
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
Constitution concerning local approval of constitutional amendments do not apply. 6
SECTION 3. AND BE IT FURTHER ENACTED, That : 7
(a) The amendment to the Maryland Constitution proposed by Section 1 of this 8
Act shall be submitted to the qualified voters of the State at the next general election to be 9
held in November 2026 for adoption or rejection in accordance with Article XIV of the 10
Maryland Constitution. 11
(b) (1) At that general election, the vote on the proposed amendment to the 12
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 13
Constitutional Amendment” and “Against the Constitutional Amendment”, as now 14
provided by law. 15
(2) At that general election, a question substantially similar to the 16
following shall be submitted to the qualified voters of the State: 17
“Question ____ Constitutional Amendment 18
The proposed amendment confirms an individual’s fundamental right, while engaged in 19
employment in the State with respect to which the payment of a tip is customary, to be paid 20
at a wage rate that is at least equal to the State minimum wage rate without regard to tips 21
the individual receives and provides that the State may not, directly or indirectly, deny, 22
burden, or abridge the right unless justified by a compelling State interest achieved by the 23
least restrictive means.”. 24
(c) Immediately after the election, all returns shall be made to the Governor of 25
the vote for and against the proposed amendment, as directed by Article XIV of the 26
Maryland Constitution, and further proceedings had in accordance with Article XIV. 27