House Concurrent Resolution 29

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, TO REQUIRE THE LEGISLATURE TO ENACT A STATE MINIMUM WAGE LAW FOR EMPLOYEES NOT RECEIVING TIPS THAT WILL INCREASE FROM SEVEN DOLLARS TWENTY-FIVE CENTS TO TEN DOLLARS TEN CENTS IN THE NEXT TWO YEARS AND ENACT A STATE MINIMUM WAGE FOR TIPPED EMPLOYEES THAT WILL INCREASE FROM THREE DOLLARS TO SEVENTY PERCENT OF THE WAGE FOR EMPLOYEES NOT RECEIVING TIPS IN THE NEXT TWO YEARS; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1980 by creating a new section to read as follows:

"SECTION ____. The Legislature shall enact legislation to establish a state minimum wage in accordance with the Federal Fair Minimum Wage Act of 2013. The current state minimum wage shall be set at Seven Dollars Twenty-five Cents ($7.25) an hour and shall be adjusted as follows:

(a) Except as otherwise provided in this section, the state minimum wage shall increase to not less than Eight Dollars Twenty Cents ($8.20) an hour, beginning on the first day of the third month that begins after the date of enactment of House Concurrent Resolution _____, 2015 Regular Session.

(b) Except as otherwise provided in this section, the state minimum wage shall increase to not less than Nine Dollars Fifteen Cents ($9.15) an hour, beginning one (1) year after the day referred to in paragraph (a) of this section; and

(c) Except as otherwise provided in this section, the state minimum wage shall increase to not less than Ten Dollars Ten Cents ($10.10) an hour, beginning two (2) years after the day referred to in paragraph (a) of this section."

"SECTION ____. The Legislature shall enact legislation to establish a base state minimum wage for tipped employees.

(a) For purposes of this section, the term "tipped employee" means any employee engaged in an occupation in which he or she customarily and regularly receives more than Thirty Dollars ($30.00) a month in tips.

(b) In determining the wage an employer is required to pay a tipped employee, the amount paid to the employee by his or her employer shall be an amount equal to the following:

(i) The cash wage paid to the employee which for purposes of this determination, shall be not less than Three Dollars ($3.00), for the period described in paragraph (a) of Section ____ of this House Concurrent Resolution_____, 2015 Regular Session;

(ii) For each succeeding one (1) year period until the hourly wage under this subparagraph (ii) equals seventy percent (70%) of the wage in effect under paragraph (b) of Section ____ of House Concurrent Resolution_____, 2015 Regular Session, an hourly wage equal to the amount determined under this subparagraph (ii) for the preceding year, increased by the lesser of the following:

1. Ninety-five Cents ($0.95); or

2. The amount necessary for the wage in effect under this subparagraph (ii) to equal seventy percent (70%) of the wage in effect under paragraph (b) of Section ____ of House Concurrent Resolution_____, 2015 Regular Session, rounded to the nearest multiple of Five Cents ($0.05); and

(iii) For each succeeding one (1) year period after the year in which the hourly wage under this subparagraph (iii) first equals seventy percent (70%) of the wage in effect under paragraph (c) of Section ____ of House Concurrent Resolution_____, 2015 Regular Session, the amount necessary to ensure that the wage in effect under this subparagraph (iii) remains equal to seventy percent (70%) of the wage in effect under paragraph (c) of Section ____ of House Concurrent Resolution_____, 2015 Regular Session, rounded to the nearest multiple of Five Cents ($0.05).

(c) An additional amount on account of the tips received by the employee which is equal to the difference between the wage specified in subparagraphs (i) through (iii) and the wage in effect under the state minimum wage law established in House Concurrent Resolution_____, 2015 Regular Session."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2015, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment requires the Legislature to enact a state minimum wage for employees not receiving tips that will increase from Seven Dollars Twenty-five Cents ($7.25) to Ten Dollars Ten Cents ($10.10) in the next two (2) years and enact a state minimum wage for tipped employees that will increase from Three Dollars ($3.00) to seventy percent (70%) of the wage for employees not receiving tips in the next two (2) years."

BE IT FURTHER RESOLVED, That this resolution shall be effective immediately upon adoption by the Legislature.