Maryland 2025 Regular Session

Maryland House Bill HB1458 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1458
6	6
7	7	HOUSE BILL 1458
8	8	K3 CONSTITUTIONAL AMENDMENT 5lr1536
9	9	CF SB 809
10	10	By: Delegates Boafo, Behler, Foley, Harris, Kaiser, Kaufman, Martinez, Roberson,
11	11	Terrasa, Williams, Wims, and Woods
12	12	Introduced and read first time: February 7, 2025
13	13	Assigned to: Economic Matters
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Declaration of Rights – Right to Minimum Wage for Tipped Workers 2
20	20
21	21	FOR the purpose of establishing that every person, as a central component of an 3
22	22	individual’s right to liberty and equality, has the fundamental right while engaged 4
23	23	in employment in the State with respect to which the payment of a tip is customary, 5
24	24	to be paid at a wage rate that is at least equal to the State minimum wage rate set 6
25	25	by law without regard to tips that the individual receives; and prohibiting the State 7
26	26	from, directly or indirectly, denying, burdening, or abridging the right unless 8
27	27	justified by a compelling State interest achieved by the least restrictive means. 9
28	28
29	29	BY proposing an addition to the Maryland Constitution 10
30	30	Declaration of Rights 11
31	31	Article 49 12
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
34	34	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 14
35	35	proposed that the Maryland Constitution read as follows: 15
36	36
37	37	Declaration of Rights 16
38	38
39	39	ARTICLE 49. 17
40	40
41	41	THAT EVERY PERSON , AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S RIGHT 18
42	42	TO LIBERTY AND EQUAL ITY, HAS THE FUNDAMENTAL RIGHT WHILE ENGAGED IN 19
43	43	EMPLOYMENT IN THE STATE WITH RESPECT TO WHIC H THE PAYMENT OF A TIP IS 20
44	44	CUSTOMARY , TO BE PAID AT A WAGE RATE THAT IS AT LEAST EQUAL TO THE STATE 21
45	45	MINIMUM WAGE RATE SET BY LAW WITHOUT REGARD TO TIPS THAT THE INDIVIDUAL 22
46	46	RECEIVES. THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR 23 2 HOUSE BILL 1458
47	47
48	48
49	49	ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST 1
50	50	ACHIEVED BY THE LEAS T RESTRICTIVE MEANS . 2
51	51
52	52	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 3
53	53	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 4
54	54	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
55	55	Constitution concerning local approval of constitutional amendments do not apply. 6
56	56
57	57	SECTION 3. AND BE IT FURTHER ENACTED, That : 7
58	58
59	59	(a) The amendment to the Maryland Constitution proposed by Section 1 of this 8
60	60	Act shall be submitted to the qualified voters of the State at the next general election to be 9
61	61	held in November 2026 for adoption or rejection in accordance with Article XIV of the 10
62	62	Maryland Constitution. 11
63	63
64	64	(b) (1) At that general election, the vote on the proposed amendment to the 12
65	65	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 13
66	66	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 14
67	67	provided by law. 15
68	68
69	69	(2) At that general election, a question substantially similar to the 16
70	70	following shall be submitted to the qualified voters of the State: 17
71	71
72	72	“Question ____ Constitutional Amendment 18
73	73
74	74	The proposed amendment confirms an individual’s fundamental right, while engaged in 19
75	75	employment in the State with respect to which the payment of a tip is customary, to be paid 20
76	76	at a wage rate that is at least equal to the State minimum wage rate without regard to tips 21
77	77	the individual receives and provides that the State may not, directly or indirectly, deny, 22
78	78	burden, or abridge the right unless justified by a compelling State interest achieved by the 23
79	79	least restrictive means.”. 24
80	80
81	81	(c) Immediately after the election, all returns shall be made to the Governor of 25
82	82	the vote for and against the proposed amendment, as directed by Article XIV of the 26
83	83	Maryland Constitution, and further proceedings had in accordance with Article XIV. 27