Minimum wage; establish at $10.00 and set requirements for exemptions and overtime.

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To: Workforce Development;
Business and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 108

AN ACT TO CREATE THE "MISSISSIPPI MINIMUM WAGE LAW"; TO 1
ESTABLISH THE STATE MINIMUM WAGE AT $10.00 PER HOUR; TO PROVIDE 2
THAT EMPLOYERS WITH TIPPED EMPLOYEES ARE EXEMPT FROM THE 3
REQUIREMENT TO PAY THE STATE MINIMUM WAGE; TO ESTABLISH GUIDELINES 4
FOR EMPLOYEES ENTITLED TO OVERTIME PAY; TO AMEND SECTION 17-1-51, 5
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS 6
ACT; TO BRING FORWARD SECTIONS 7-7-204, 23-15-239, 25-3-40, 7
37-7-307, 37-33-175, 47-5-401, 47-5-579, 57-34-5, 85-3-4, 8
97-3-54.4 AND 99-19-20, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 9
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. (1) This act shall be known and may be cited as 12
the "Mississippi Minimum Wage Act." 13
(2) As used in this section, the following words and phrases 14
shall be defined as provided in this subsection, unless the 15
context clearly requires otherwise: 16
(a) "Tipped employee" means any employee engaged in an 17
occupation in which the employee customarily and regularly 18
receives more than Thirty Dollars ($30.00) per month in tips. 19
(b) "Manual laborers" and "blue collar" workers mean 20
workers who perform work involving repetitive operations with 21
their hands, physical skill and energy. They gain the skills and 22
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knowledge required for performance of their routine manual and 23
physical work through apprenticeships and on-the-job training. 24
(3) Every employer shall pay each of his or her employees 25
wages at the rate of not less than Ten Dollars ($10.00) per hour, 26
except as otherwise provided in this section. 27
(4) Every employer shall pay each of his or her tipped 28
employees wages at the rate of not less than Three Dollars 29
Sixty-two Cents ($3.62) per hour. 30
(5) The overtime pay standard requires that overtime must be 31
compensated at a rate not less than one and one-half (1-1/2) times 32
the regular rate at which the employee is actually employed. The 33
regular rate of pay at which the employee is employed may in no 34
event be less than the statutory minimum wage rate established in 35
this section. All employees who receive Six Hundred Eighty-four 36
Dollars ($684.00) or less per week, or equivalent amounts for 37
periods of pay longer than one (1) week, shall be entitled to 38
receive overtime pay. Additionally, the following employees shall 39
not be exempt from receiving overtime pay, regardless of their 40
salary: 41
(a) Manual laborers or other blue collar workers; 42
(b) Police officers, detectives, deputy sheriffs, state 43
troopers, highway patrol officers, investigators, inspectors, 44
correctional officers, parole or probation officers, park rangers, 45
firefighters, paramedics, emergency medical technicians, ambulance 46
personnel, rescue workers, hazardous materials workers and similar 47
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employees who perform work such as preventing, controlling or 48
extinguishing fires of any type; rescuing fire, crime or accident 49
victims; preventing or detecting crimes; conducting investigations 50
or inspections for violations of law; performing surveillance; 51
pursuing, restraining and apprehending suspects; detaining or 52
supervising suspected and convicted criminals, including those on 53
probation or parole; interviewing witnesses; interrogating and 54
fingerprinting suspects; preparing investigative reports; or other 55
similar work; 56
(c) Any employee whose primary duty is not management 57
of the entity in which the employee is employed; 58
(d) Any employee whose primary duty is not the 59
performance of work directly related to the management or general 60
business operations of the employer or the employer's customers; 61
and 62
(e) Any employee whose primary duty is not the 63
performance of work requiring knowledge of an advanced type in a 64
field of science or learning customarily acquired by a prolonged 65
course of specialized intellectual instruction or the performance 66
of work requiring invention, imagination, originality or talent in 67
a recognized field of artistic or creative endeavor. 68
(6) Employers and employees who are not specifically 69
mentioned in this section shall fall under the purview of the Fair 70
Labor Standards Act. 71
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SECTION 2. Section 17-1-51, Mississippi Code of 1972, is 72
amended as follows: 73
17-1-51. (1) No county, board of supervisors of a county, 74
municipality or governing authority of a municipality is 75
authorized to establish a mandatory, minimum living wage rate, 76
minimum number of vacation or sick days, whether paid or unpaid, 77
that would regulate how a private employer pays its employees. 78
Each county, board of supervisors of a county, municipality or 79
governing authority of a municipality shall be prohibited from 80
establishing a mandatory, minimum living wage rate, minimum number 81
of vacation or sick days, whether paid or unpaid, that would 82
regulate how a private employer pays its employees. 83
(2) The Legislature finds that the prohibitions of 84
subsection (1) of this section are necessary to ensure an economic 85
climate conducive to new business development and job growth in 86
the State of Mississippi. We believe that inconsistent 87
application of wage and benefit laws from city to city or county 88
to county must be avoided. * * * Any debate and subsequent action 89
on these matters should be assigned to the Mississippi Legislature 90
as provided in Section 25-3-40 and in accordance with House Bill 91
No. __, 2026 Regular Session, and not local counties or 92
municipalities. 93
(3) The Legislature further finds that wages and employee 94
benefits comprise the most significant expense of operating a 95
business. It also recognizes that neither potential employees or 96
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business patrons are likely to restrict themselves to employment 97
opportunities or goods and services in any particular county or 98
municipality. Consequently, local variations in legally required 99
minimum wage rates or mandatory minimum number of vacation or sick 100
leave days would threaten many businesses with a loss of employees 101
to local governments which require a higher minimum wage rate and 102
many other businesses with the loss of patrons to areas which 103
allow for a lower wage rate and more or less vacation or sick 104
days. The net effect of this situation would be detrimental to 105
the business environment of the state and to the citizens, 106
businesses and governments of the local jurisdictions as well as 107
the local labor markets. 108
(4) The Legislature concludes from these findings that, in 109
order for a business to remain competitive and yet attract and 110
retain the highest possible caliber of employees, and thereby 111
remain sound, an enterprise must work in a uniform environment 112
with respect to minimum wage rates, and mandatory minimum number 113
of vacation or sick leave days. The net impact of local 114
variations in mandated wages and mandatory minimum number of 115
vacation or sick leave days would be economically unstable and 116
create a decline and decrease in the standard of living for the 117
citizens of the state. Consequently, decisions regarding minimum 118
wage, living wage and other employee benefit policies must be made 119
by the state as provided in Section 25-3-40, so that consistency 120
in the wage market is preserved. 121
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SECTION 3. Section 7-7-204, Mississippi Code of 1972, is 122
brought forward as follows: 123
7-7-204. (1) Within the limits of the funds available to 124
the Office of the State Auditor for such purpose, the State 125
Auditor may grant a paid internship to students pursuing junior or 126
senior undergraduate-level year coursework toward a bachelor's 127
degree in accounting or graduate-level coursework toward a 128
master's degree in accounting. Those applicants deemed qualified 129
shall receive funds that may be used to pay for tuition, books and 130
related fees to pursue their degree. It is the intent of the 131
Legislature that the paid internship program (hereinafter referred 132
to as the program) shall be used as an incentive for accounting 133
students to develop job-related skills and to encourage accounting 134
careers at the Office of the State Auditor. 135
(2) In order to be eligible for the program, an applicant 136
must: 137
(a) Attend any college or school approved and 138
designated by the Office of the State Auditor. 139
(b) Satisfy the following conditions: 140
(i) Undergraduate stipulations: Applicants must 141
have successfully obtained a minimum of fifty-eight (58) semester 142
hours toward a bachelor of science degree in accounting from a 143
Mississippi institution of higher learning. 144
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Applicants must have achieved a minimum grade point average 145
(GPA) on the previously obtained semester hours toward a bachelor 146
of science degree in accounting of 3.0 on a 4.0 scale. 147
If accepted into the program, participants shall maintain a 148
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 149
counted toward a bachelor of science degree in accounting. 150
(ii) Graduate stipulations: Applicants must have 151
met the regular admission standards and have been accepted into 152
the master of science accounting program at a Mississippi 153
institution of higher learning. 154
If accepted into the program, participants shall maintain a 155
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 156
counted toward a master of science degree in accounting. 157
(c) All program participants will be required to work a 158
total of three hundred thirty-six (336) hours each summer at the 159
Office of the State Auditor in Jackson, Mississippi. 160
(d) Agree to work as an auditor at the Office of the 161
State Auditor upon graduation for a period of time equivalent to 162
the period of time for which the applicant receives compensation, 163
calculated to the nearest whole month, but in no event less than 164
two (2) years. 165
(3) (a) Before being placed into the program, each 166
applicant shall enter into a contract with the Office of the State 167
Auditor, which shall be deemed a contract with the State of 168
Mississippi, agreeing to the terms and conditions upon which the 169
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internship shall be granted to him. The contract shall include 170
such terms and provisions necessary to carry out the full purpose 171
and intent of this section. The form of such contract shall be 172
prepared and approved by the Attorney General of this state, and 173
shall be signed by the State Auditor of the Office of the State 174
Auditor and the participant. 175
(b) Upon entry into the program, participants will 176
become employees of the Office of the State Auditor during their 177
time in the program and shall be eligible for benefits such as 178
medical insurance paid by the agency for the participant; however, 179
in accordance with Section 25-11-105II(b), those participants 180
shall not become members of the Public Employees' Retirement 181
System while participating in the program. Participants shall not 182
accrue personal or major medical leave while they are in the 183
program. 184
(c) The Office of the State Auditor shall have the 185
authority to cancel any contract made between it and any program 186
participant upon such cause being deemed sufficient by the State 187
Auditor. 188
(d) The Office of the State Auditor is vested with full 189
and complete authority and power to sue in its own name any 190
participant for any damages due the state on any such uncompleted 191
contract, which suit shall be filed and handled by the Attorney 192
General of the state. The Office of the State Auditor may 193
contract with a collection agency or banking institution, subject 194
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to approval by the Attorney General, for collection of any damages 195
due the state from any participant. The State of Mississippi, the 196
Office of the State Auditor and its employees are immune from any 197
suit brought in law or equity for actions taken by the collection 198
agency or banking institution incidental to or arising from their 199
performance under the contract. The Office of the State Auditor, 200
collection agency and banking institution may negotiate for the 201
payment of a sum that is less than full payment in order to 202
satisfy any damages the participant owes the state, subject to 203
approval by the director of the sponsoring facility within the 204
Office of the State Auditor. 205
(4) (a) Any recipient who is accepted into the program by 206
the Mississippi Office of the State Auditor and who fails to 207
complete undergraduate- or graduate-level coursework toward a 208
degree in accounting, or withdraws from school at any time before 209
completing his or her education, shall be liable to repay the 210
Office of the State Auditor for all monies received during the 211
time the recipient was in the program, at the rate of pay received 212
by the employee while in the program, including benefits paid by 213
the agency for the participant, and monies received for tuition, 214
books and related fees used to pursue their degree with interest 215
accruing at ten percent (10%) per annum from the date the 216
recipient failed or withdrew from school. The recipient also will 217
not be liable for repayment for any money earned during the 218
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required summer hours. This money shall be considered earned by 219
the recipient at the federal minimum wage rate. 220
(b) All paid internship compensation received by the 221
recipient while in school shall be considered earned conditioned 222
upon the fulfillment of the terms and obligations of the paid 223
internship contract and this section. However, no recipient of 224
the paid internship shall accrue personal or major medical leave 225
while the recipient is pursuing junior or senior 226
undergraduate-level year coursework toward a bachelor's degree in 227
accounting or graduate-level coursework toward a master's degree 228
in accounting. The recipient shall not be liable for liquidated 229
damages. 230
(c) If the recipient does not work as an auditor at the 231
Office of the State Auditor for the period required under 232
subsection (2)(d) of this section, the recipient shall be liable 233
for repayment on demand of the remaining portion of the 234
compensation that the recipient was paid while in the program 235
which has not been unconditionally earned, with interest accruing 236
at ten percent (10%) per annum from the recipient's date of 237
graduation or the date that the recipient last worked at the 238
Office of the State Auditor, whichever is the later date. In 239
addition, there shall be included in any contract for paid student 240
internship a provision for liquidated damages equal to Five 241
Thousand Dollars ($5,000.00) which may be reduced on a pro rata 242
basis for each year served under such contract. 243
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SECTION 4. Section 23-15-239, Mississippi Code of 1972, is 244
brought forward as follows: 245
23-15-239. (1) The executive committee of each county, in 246
the case of a primary election, or the election commissioners of 247
each county, in the case of all other elections, in conjunction 248
with the circuit clerk, shall, in the years in which counties 249
conduct an election, sponsor and conduct, not less than five (5) 250
days before each election, not less than four (4) hours and not 251
more than eight (8) hours of poll manager training to instruct 252
poll managers as to their duties in the proper administration of 253
the election and the operation of the polling place. Any poll 254
manager who completes the online training course provided by the 255
Secretary of State shall only be required to complete two (2) 256
hours of in-person poll manager training. No poll manager shall 257
serve in any election unless he or she has received these 258
instructions once during the twelve (12) months immediately 259
preceding the date upon which the election is held; however, 260
nothing in this section shall prevent the appointment of an 261
alternate poll manager to fill a vacancy in case of an emergency. 262
The county executive committee or the election commissioners, as 263
appropriate, shall train a sufficient number of alternates to 264
serve in the event a poll manager is unable to serve for any 265
reason. 266
(2) (a) If it is eligible under Section 23-15-266, the 267
county executive committee may enter into a written agreement with 268
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the circuit clerk or the county election commission authorizing 269
the circuit clerk or the county election commission to perform any 270
of the duties required of the county executive committee pursuant 271
to this section. Any agreement entered into pursuant to this 272
subsection shall be signed by the chair of the county executive 273
committee and the circuit clerk or the chair of the county 274
election commission, as appropriate. The county executive 275
committee shall notify the state executive committee and the 276
Secretary of State of the existence of the agreement. 277
(b) If it is eligible under Section 23-15-266, the 278
municipal executive committee may enter into a written agreement 279
with the municipal clerk or the municipal election commission 280
authorizing the municipal clerk or the municipal election 281
commission to perform any of the duties required of the municipal 282
executive committee pursuant to this section. Any agreement 283
entered into pursuant to this subsection shall be signed by the 284
chair of the municipal executive committee and the municipal clerk 285
or the chair of the municipal election commission, as appropriate. 286
The municipal executive committee shall notify the state executive 287
committee and the Secretary of State of the existence of the 288
agreement. 289
(3) The board of supervisors and the municipal governing 290
authority, in their discretion, may compensate poll managers who 291
attend these training sessions. The compensation shall be at a 292
rate of not less than the federal hourly minimum wage and not more 293
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than Twenty Dollars ($20.00) per hour. Poll managers shall not be 294
compensated for more than sixteen (16) hours of attendance at the 295
training sessions regardless of the actual amount of time that 296
they attended the training sessions. 297
(4) The time and location of the training sessions required 298
pursuant to this section shall be announced to the general public 299
by posting a notice thereof at the courthouse and by delivering a 300
copy of the notice to the office of a newspaper having general 301
circulation in the county five (5) days before the date upon which 302
the training session is to be conducted. Persons who will serve 303
as poll watchers for candidates and political parties, as well as 304
members of the general public, shall be allowed to attend the 305
sessions. 306
(5) Subject to the following annual limitations, the 307
election commissioners shall be entitled to receive a per diem in 308
the amount of One Hundred Ten Dollars ($110.00), to be paid from 309
the county general fund, for every day or period of no less than 310
five (5) hours accumulated over two (2) or more days actually 311
employed in the performance of their duties for the necessary time 312
spent in conducting training sessions as required by this section: 313
(a) In counties having less than fifteen thousand 314
(15,000) residents according to the latest federal decennial 315
census, not more than five (5) days per year; 316
(b) In counties having fifteen thousand (15,000) 317
residents according to the latest federal decennial census but 318
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less than thirty thousand (30,000) residents according to the 319
latest federal decennial census, not more than eight (8) days per 320
year; 321
(c) In counties having thirty thousand (30,000) 322
residents according to the latest federal decennial census but 323
less than seventy thousand (70,000) residents according to the 324
latest federal decennial census, not more than ten (10) days per 325
year; 326
(d) In counties having seventy thousand (70,000) 327
residents according to the latest federal decennial census but 328
less than ninety thousand (90,000) residents according to the 329
latest federal decennial census, not more than twelve (12) days 330
per year; 331
(e) In counties having ninety thousand (90,000) 332
residents according to the latest federal decennial census but 333
less than one hundred seventy thousand (170,000) residents 334
according to the latest federal decennial census, not more than 335
fifteen (15) days per year; 336
(f) In counties having one hundred seventy thousand 337
(170,000) residents according to the latest federal decennial 338
census but less than two hundred thousand (200,000) residents 339
according to the latest federal decennial census, not more than 340
eighteen (18) days per year; 341
(g) In counties having two hundred thousand (200,000) 342
residents according to the latest federal decennial census but 343
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less than two hundred twenty-five thousand (225,000) residents 344
according to the latest federal decennial census, not more than 345
nineteen (19) days per year; 346
(h) In counties having two hundred twenty-five thousand 347
(225,000) residents or more according to the latest federal 348
decennial census, not more than twenty-two (22) days per year. 349
(6) Election commissioners shall claim the per diem 350
authorized in subsection (5) of this section in the manner 351
provided for in Section 23-15-153(6). 352
(7) (a) To provide poll manager training, the Secretary of 353
State has developed a single, comprehensive poll manager training 354
program to ensure uniform, secure elections throughout the state. 355
The program includes online training on all state and federal 356
election laws and procedures and voting machine opening and 357
closing procedures. 358
(b) County poll managers who individually access and 359
complete the online training program, including all skills 360
assessments, at least five (5) days before an election shall be 361
defined as "certified poll managers," and entitled to a 362
"Certificate of Completion." 363
(c) At least one (1) certified poll manager shall be 364
appointed by the county election officials to work in each polling 365
place in the county during each general election. 366
SECTION 5. Section 25-3-40, Mississippi Code of 1972, is 367
brought forward as follows: 368
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25-3-40. On July 1, 1978, and each year thereafter, the 369
Mississippi Compensation Plan shall be amended to provide salary 370
increases in such amounts and percentages as might be recommended 371
by the Legislative Budget Office and as may be authorized by funds 372
appropriated by the Legislature for the purpose of granting 373
incentive salary increases as deemed possible dependent upon the 374
availability of general and special funds. 375
It is hereby declared to be the intent of the Mississippi 376
Legislature to implement the minimum wage as enacted by statutory 377
law of the United States Congress subject to funds being available 378
for that purpose. It is the intent and purpose of this section to 379
maximize annual salary increases consistent with the availability 380
of funds as might be determined by the Mississippi Legislature at 381
its regular annual session and that all salary increases hereafter 382
be made consistent with the provisions of this section. 383
SECTION 6. Section 37-7-307, Mississippi Code of 1972, is 384
brought forward as follows: 385
37-7-307. (1) For purposes of this section, the term 386
"licensed employee" means any employee of a public school district 387
required to hold a valid license by the Commission on Teacher and 388
Administrator Education, Certification and Licensure and 389
Development. 390
(2) The school board of a school district shall establish by 391
rules and regulations a policy of sick leave with pay for licensed 392
employees and teacher assistants employed in the school district, 393
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and such policy shall include the following minimum provisions for 394
sick and emergency leave with pay: 395
(a) Each licensed employee and teacher assistant, at 396
the beginning of each school year, shall be credited with a 397
minimum sick leave allowance, with pay, of seven (7) days for 398
absences caused by illness or physical disability of the employee 399
during that school year. 400
(b) Any unused portion of the total sick leave 401
allowance shall be carried over to the next school year and 402
credited to such licensed employee and teacher assistant if the 403
licensed employee or teacher assistant remains employed in the 404
same school district. In the event any public school licensed 405
employee or teacher assistant transfers from one public school 406
district in Mississippi to another, any unused portion of the 407
total sick leave allowance credited to such licensed employee or 408
teacher assistant shall be credited to such licensed employee or 409
teacher assistant in the computation of unused leave for 410
retirement purposes under Section 25-11-109. Accumulation of sick 411
leave allowed under this section shall be unlimited. 412
(c) No deduction from the pay of such licensed employee 413
or teacher assistant may be made because of absence of such 414
licensed employee or teacher assistant caused by illness or 415
physical disability of the licensed employee or teacher assistant 416
until after all sick leave allowance credited to such licensed 417
employee or teacher assistant has been used. 418
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(d) For the first ten (10) days of absence of a 419
licensed employee because of illness or physical disability, in 420
any school year, in excess of the sick leave allowance credited to 421
such licensed employee, there shall be deducted from the pay of 422
such licensed employee the established substitute amount of 423
licensed employee compensation paid in that local school district, 424
necessitated because of the absence of the licensed employee as a 425
result of illness or physical disability. In lieu of deducting 426
the established substitute amount from the pay of such licensed 427
employee, the policy may allow the licensed employee to receive 428
full pay for the first ten (10) days of absence because of illness 429
or physical disability, in any school year, in excess of the sick 430
leave allowance credited to such licensed employee. Thereafter, 431
the regular pay of such absent licensed employee shall be 432
suspended and withheld in its entirety for any period of absence 433
because of illness or physical disability during that school year. 434
(3) (a) Beginning with the school year 1983-1984, each 435
licensed employee at the beginning of each school year shall be 436
credited with a minimum personal leave allowance, with pay, of two 437
(2) days for absences caused by personal reasons during that 438
school year. Effective for the 2010-2011 and 2011-2012 school 439
years, licensed employees shall be credited with an additional 440
one-half (1/2) day of personal leave for every day the licensed 441
employee is furloughed without pay as provided in Section 442
37-7-308. Except as otherwise provided in paragraph (b) of this 443
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subsection, such personal leave shall not be taken on the first 444
day of the school term, the last day of the school term, on a day 445
previous to a holiday or a day after a holiday. Personal leave 446
may be used for professional purposes, including absences caused 447
by attendance of such licensed employee at a seminar, class, 448
training program, professional association or other functions 449
designed for educators. No deduction from the pay of such 450
licensed employee may be made because of absence of such licensed 451
employee caused by personal reasons until after all personal leave 452
allowance credited to such licensed employee has been used. 453
However, the superintendent of a school district, in his 454
discretion, may allow a licensed employee personal leave in 455
addition to any minimum personal leave allowance, under the 456
condition that there shall be deducted from the salary of such 457
licensed employee the actual amount of any compensation paid to 458
any person as a substitute, necessitated because of the absence of 459
the licensed employee. Any unused portion of the total personal 460
leave allowance up to five (5) days shall be carried over to the 461
next school year and credited to such licensed employee if the 462
licensed employee remains employed in the same school district. 463
Any personal leave allowed for a furlough day shall not be carried 464
over to the next school year. 465
(b) Notwithstanding the restrictions on the use of 466
personal leave prescribed under paragraph (a) of this subsection, 467
a licensed employee may use personal leave as follows: 468
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(i) Personal leave may be taken on the first day 469
of the school term, the last day of the school term, on a day 470
previous to a holiday or a day after a holiday if, on the 471
applicable day, an immediate family member of the employee is 472
being deployed for military service. 473
(ii) Personal leave may be taken on a day previous 474
to a holiday or a day after a holiday if an employee of a school 475
district has either a minimum of ten (10) years' experience as an 476
employee of that school district or a minimum of thirty (30) days 477
of unused accumulated leave that has been earned while employed in 478
that school district. 479
(iii) Personal leave may be taken on the first day 480
of the school term, the last day of the school term, on a day 481
previous to a holiday or a day after a holiday if, on the 482
applicable day, the employee has been summoned to appear for jury 483
duty or as a witness in court. 484
(iv) Personal leave may be taken on the first day 485
of the school term, the last day of the school term, on a day 486
previous to a holiday or a day after a holiday if, on the 487
applicable day, an immediate family member of the employee dies or 488
funeral services are held. Any day of the three (3) bereavement 489
days may be used at the discretion of the teacher, and are not 490
required to be taken in consecutive succession. 491
For the purpose of this subsection (3), the term "immediate 492
family member" means spouse, parent, stepparent, child or 493
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stepchild, grandparent or sibling, including a stepbrother or 494
stepsister. 495
(4) Beginning with the school year 1992-1993, each licensed 496
employee shall be credited with a professional leave allowance, 497
with pay, for each day of absence caused by reason of such 498
employee's statutorily required membership and attendance at a 499
regular or special meeting held within the State of Mississippi of 500
the State Board of Education, the Commission on Teacher and 501
Administrator Education, Certification and Licensure and 502
Development, the Commission on School Accreditation, the 503
Mississippi Authority for Educational Television, the meetings of 504
the state textbook rating committees or other meetings authorized 505
by local school board policy. 506
(5) Upon retirement from employment, each licensed and 507
nonlicensed employee shall be paid for not more than thirty (30) 508
days of unused accumulated leave earned while employed by the 509
school district in which the employee is last employed. Such 510
payment for licensed employees shall be made by the school 511
district at a rate equal to the amount paid to substitute teachers 512
and for nonlicensed employees, the payment shall be made by the 513
school district at a rate equal to the federal minimum wage. The 514
payment shall be treated in the same manner for retirement 515
purposes as a lump-sum payment for personal leave as provided in 516
Section 25-11-103(f). Any remaining lawfully credited unused 517
leave, for which payment has not been made, shall be certified to 518
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the Public Employees' Retirement System in the same manner and 519
subject to the same limitations as otherwise provided by law for 520
unused leave. No payment for unused accumulated leave may be made 521
to either a licensed or nonlicensed employee at termination or 522
separation from service for any purpose other than for the purpose 523
of retirement. 524
(6) The school board may adopt rules and regulations which 525
will reasonably aid to implement the policy of sick and personal 526
leave, including, but not limited to, rules and regulations having 527
the following general effect: 528
(a) Requiring the absent employee to furnish the 529
certificate of a physician or dentist or other medical 530
practitioner as to the illness of the absent licensed employee, 531
where the absence is for four (4) or more consecutive school days, 532
or for two (2) consecutive school days immediately preceding or 533
following a nonschool day; 534
(b) Providing penalties, by way of full deduction from 535
salary, or entry on the work record of the employee, or other 536
appropriate penalties, for any materially false statement by the 537
employee as to the cause of absence; 538
(c) Forfeiture of accumulated or future sick leave, if 539
the absence of the employee is caused by optional dental or 540
medical treatment or surgery which could, without medical risk, 541
have been provided, furnished or performed at a time when school 542
was not in session; 543
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(d) Enlarging, increasing or providing greater sick or 544
personal leave allowances than the minimum standards established 545
by this section in the discretion of the school board of each 546
school district. 547
(7) School boards may include in their budgets provisions 548
for the payment of substitute employees, necessitated because of 549
the absence of regular licensed employees. All such substitute 550
employees shall be paid wholly from district funds. Such school 551
boards, in their discretion, also may pay, from district funds 552
other than the total funding formula funds provided for in 553
Sections 37-151-200 through 37-151-215, the whole or any part of 554
the salaries of all employees granted leaves for the purpose of 555
special studies or training. 556
(8) The school board may further adopt rules and regulations 557
which will reasonably implement such leave policies for all other 558
nonlicensed and hourly paid school employees as the board deems 559
appropriate. Effective for the 2010-2011 and 2011-2012 school 560
years, nonlicensed employees shall be credited with an additional 561
one-half (1/2) day of personal leave for every day the nonlicensed 562
employee is furloughed without pay as provided in Section 563
37-7-308. 564
(9) Vacation leave granted to either licensed or nonlicensed 565
employees shall be synonymous with personal leave. Unused 566
vacation or personal leave accumulated by licensed employees in 567
excess of the maximum five (5) days which may be carried over from 568
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one year to the next may be converted to sick leave. The annual 569
conversion of unused vacation or personal leave to sick days for 570
licensed or unlicensed employees shall not exceed the allowable 571
number of personal leave days as provided in Section 25-3-93. The 572
annual total number of converted unused vacation and/or personal 573
days added to the annual unused sick days for any employee shall 574
not exceed the combined allowable number of days per year provided 575
in Sections 25-3-93 and 25-3-95. Local school board policies that 576
provide for vacation, personal and sick leave for employees shall 577
not exceed the provisions for leave as provided in Sections 578
25-3-93 and 25-3-95. Any personal or vacation leave previously 579
converted to sick leave under a lawfully adopted policy before May 580
1, 2004, or such personal or vacation leave accumulated and 581
available for use prior to May 1, 2004, under a lawfully adopted 582
policy but converted to sick leave after May 1, 2004, shall be 583
recognized as accrued leave by the local school district and 584
available for use by the employee. The leave converted under a 585
lawfully adopted policy prior to May 1, 2004, or such personal and 586
vacation leave accumulated and available for use as of May 1, 587
2004, which was subsequently converted to sick leave may be 588
certified to the Public Employees' Retirement System upon 589
termination of employment and any such leave previously converted 590
and certified to the Public Employees' Retirement System shall be 591
recognized. 592
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(10) (a) For the purposes of this subsection, the following 593
words and phrases shall have the meaning ascribed in this 594
paragraph unless the context requires otherwise: 595
(i) "Catastrophic injury or illness" means a 596
life-threatening injury or illness of an employee or a member of 597
an employee's immediate family that totally incapacitates the 598
employee from work, as verified by a licensed physician, and 599
forces the employee to exhaust all leave time earned by that 600
employee, resulting in the loss of compensation from the local 601
school district for the employee. Conditions that are short-term 602
in nature, including, but not limited to, common illnesses such as 603
influenza and the measles, and common injuries, are not 604
catastrophic. Chronic illnesses or injuries, such as cancer or 605
major surgery, that result in intermittent absences from work and 606
that are long-term in nature and require long recuperation periods 607
may be considered catastrophic. 608
(ii) "Immediate family" means spouse, parent, 609
stepparent, sibling, child or stepchild, grandparent, stepbrother 610
or stepsister. 611
(b) Any school district employee may donate a portion 612
of his or her unused accumulated personal leave or sick leave to 613
another employee of the same school district who is suffering from 614
a catastrophic injury or illness or who has a member of his or her 615
immediate family suffering from a catastrophic injury or illness, 616
in accordance with the following: 617
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(i) The employee donating the leave (the "donor 618
employee") shall designate the employee who is to receive the 619
leave (the "recipient employee") and the amount of unused 620
accumulated personal leave and sick leave that is to be donated, 621
and shall notify the school district superintendent or his 622
designee of his or her designation. 623
(ii) The maximum amount of unused accumulated 624
personal leave that an employee may donate to any other employee 625
may not exceed a number of days that would leave the donor 626
employee with fewer than seven (7) days of personal leave 627
remaining, and the maximum amount of unused accumulated sick leave 628
that an employee may donate to any other employee may not exceed 629
fifty percent (50%) of the unused accumulated sick leave of the 630
donor employee. 631
(iii) An employee must have exhausted all of his 632
or her available leave before he or she will be eligible to 633
receive any leave donated by another employee. Eligibility for 634
donated leave shall be based upon review and approval by the donor 635
employee's supervisor. 636
(iv) Before an employee may receive donated leave, 637
he or she must provide the school district superintendent or his 638
designee with a physician's statement that states that the illness 639
meets the catastrophic criteria established under this section, 640
the beginning date of the catastrophic injury or illness, a 641
description of the injury or illness, and a prognosis for recovery 642
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and the anticipated date that the recipient employee will be able 643
to return to work. 644
(v) Before an employee may receive donated leave, 645
the superintendent of education of the school district shall 646
appoint a review committee to approve or disapprove the said 647
donations of leave, including the determination that the illness 648
is catastrophic within the meaning of this section. 649
(vi) If the total amount of leave that is donated 650
to any employee is not used by the recipient employee, the whole 651
days of donated leave shall be returned to the donor employees on 652
a pro rata basis, based on the ratio of the number of days of 653
leave donated by each donor employee to the total number of days 654
of leave donated by all donor employees. 655
(vii) Donated leave shall not be used in lieu of 656
disability retirement. 657
(11) Effective January 1, 2020, the provisions of this 658
section shall be fully applicable to any licensed employee of the 659
Mississippi School of the Arts (MSA). 660
SECTION 7. Section 37-33-175, Mississippi Code of 1972, is 661
brought forward as follows: 662
37-33-175. (1) Within the limits of the funds available to 663
the Mississippi Department of Rehabilitation Services for such 664
purpose, the Executive Director may grant a paid internship to 665
students pursuing junior or senior undergraduate-level year 666
coursework toward a bachelor's degree in a program that qualifies 667
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the individual to qualify to become a rehabilitation specialist or 668
a benefit program specialist within the Mississippi Department of 669
Rehabilitation Services. Those applicants deemed qualified shall 670
receive funds that may be used to pay for tuition, books and 671
related fees to pursue their degree. It is the intent of the 672
Legislature that the paid internship program (hereinafter referred 673
to as the "program") shall be used as an incentive for students to 674
develop job-related skills and to encourage careers as 675
rehabilitation specialists or benefits programs specialists at the 676
Mississippi Department of Rehabilitation Services. 677
(2) In order to be eligible for the program, an applicant 678
must: 679
(a) Attend any college or school approved and 680
designated by the Mississippi Department of Rehabilitation 681
Services. 682
(b) Have successfully obtained a minimum of fifty-eight 683
(58) semester hours toward a bachelor's degree in an eligible 684
field as determined by the Mississippi Department of 685
Rehabilitation Services from a Mississippi institution of higher 686
learning. Applicants must have achieved a minimum Grade Point 687
Average (GPA) on these semester hours of 3.0 on a 4.0 scale. If 688
accepted into the internship program, participants shall maintain 689
a minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 690
counted toward a bachelor's degree in an eligible field as 691
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determined by the Mississippi Department of Rehabilitation 692
Services. 693
(c) Work at least a total of three hundred (300) hours 694
each summer at a Mississippi Department of Rehabilitation 695
Services' (MDRS) offices that is mutually agreed upon between MDRS 696
and the respective intern. 697
(d) Agree to work as a rehabilitation specialist or a 698
benefit program specialist at the Mississippi Department of 699
Rehabilitation Services upon graduation for a period of time 700
equivalent to one (1) year for each semester the Mississippi 701
Department of Rehabilitation Services remits payment for tuition, 702
books and/or related fees towards a bachelors degree in an 703
eligible field as determined by the Mississippi Department of 704
Rehabilitation Services. 705
(3) (a) Before being placed into the program, each 706
applicant shall enter into a contract with the Mississippi 707
Department of Rehabilitation Services, which shall be deemed a 708
contract with the State of Mississippi, agreeing to the terms and 709
conditions upon which the internship shall be granted to him or 710
her. The contract shall include such terms and provisions 711
necessary to carry out the full purpose and intent of this 712
section. The form of such contract shall be prepared and approved 713
by the Attorney General of this state, and shall be signed by the 714
Executive Director of the Mississippi Department of Rehabilitation 715
Services and the participant. 716
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(b) Upon entry into the program, participants will 717
become employees of the Mississippi Department of Rehabilitation 718
Services during their time in the program and shall be eligible 719
for benefits such as medical insurance paid by the agency for the 720
participant; however, in accordance with Section 25-11-105II.(b), 721
those participants shall not become members of the Public 722
Employees' Retirement System while participating in the program. 723
Participants shall not accrue personal or major medical leave 724
while they are in the program. 725
(c) The Mississippi Department of Rehabilitation 726
Services shall have the authority to cancel any contract made 727
between it and any program participant upon such cause being 728
deemed sufficient by the Executive Director of the Mississippi 729
Department of Rehabilitation Services. 730
(d) The Mississippi Department of Rehabilitation 731
Services is vested with full and complete authority and power to 732
sue in its own name any participant for any damages due the state 733
on any such uncompleted contract, which suit shall be filed and 734
handled by the Attorney General of the state. The Mississippi 735
Department of Rehabilitation Services may contract with a 736
collection agency or banking institution, subject to approval by 737
the Attorney General, for collection of any damages due the state 738
from any participant. The State of Mississippi, the Mississippi 739
Department of Rehabilitation Services and its employees are immune 740
from any suit brought in law or equity for actions taken by the 741
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collection agency or banking institution incidental to or arising 742
from their performance under the contract. The Mississippi 743
Department of Rehabilitation Services, collection agency and 744
banking institution may negotiate for the payment of a sum that is 745
less than full payment in order to satisfy any damages the 746
participant owes the state, subject to approval by the Executive 747
Director of the Mississippi Department of Rehabilitation Services. 748
(4) (a) Any recipient who is accepted into the program by 749
the Mississippi Department of Rehabilitation Services and who 750
fails to complete undergraduate level coursework toward an 751
approved degree, or withdraws from school at any time before 752
completing his or her education, shall be liable to repay the 753
Mississippi Department of Rehabilitation Services for all monies 754
received during the time the recipient was in the program, at the 755
rate of pay received by the employee while in the program, 756
including benefits paid by the agency for the participant, and 757
monies received for tuition, books and related fees used to pursue 758
their degree with interest accruing at ten percent (10%) per annum 759
from the date the recipient failed or withdrew from school. The 760
recipient also shall not be liable for repayment for any money 761
earned during the required summer hours. This money shall be 762
considered earned by the recipient at the federal minimum wage 763
rate. 764
(b) All paid internship compensation received by the 765
recipient while in school shall be considered earned conditioned 766
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upon the fulfillment of the terms and obligations of the paid 767
internship contract and this section. However, no recipient of 768
the paid internship shall accrue personal or major medical leave 769
while the recipient is pursuing junior or senior 770
undergraduate-level year coursework toward a bachelor's degree in 771
a program that qualifies the individual to qualify to become a 772
rehabilitation specialist or a benefit program specialist within 773
the Mississippi Department of Rehabilitation Services. The 774
recipient shall not be liable for liquidated damages. 775
(c) If the recipient does not work as a rehabilitation 776
specialist or a benefit program specialist at the Mississippi 777
Department of Rehabilitation Services for the period required 778
under subsection (2)(d) of this section, the recipient shall be 779
liable for repayment on demand of the remaining portion of the 780
compensation that the recipient was paid while in the program 781
which has not been unconditionally earned, with interest accruing 782
at ten percent (10%) per annum from the recipient's date of 783
graduation or the date that the recipient last worked at the 784
Mississippi Department of Rehabilitation Services, whichever is 785
the later date. 786
SECTION 8. Section 47-5-401, Mississippi Code of 1972, is 787
brought forward as follows: 788
47-5-401. (1) There is hereby authorized, in each county of 789
the state, a public service work program for state inmates in 790
custody of the county. Such a program may be established at the 791
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option of the county in accordance with the provisions of Sections 792
47-5-401 through 47-5-421. The department shall also recommend 793
rules and regulations concerning the participation of state 794
inmates in the program. 795
(2) (a) An inmate shall not be eligible to participate in a 796
work program established in accordance with the provisions of 797
Sections 47-5-401 through 47-5-421 if he has been convicted of any 798
crime of violence, including, but not limited to, murder, 799
aggravated assault, rape, robbery or armed robbery. 800
(b) Any person who has been sentenced to confinement in 801
jail or who has been sentenced for a felony conviction but is 802
confined in a jail may request assignment to the work release 803
program established under subsections (1) through (4) of this 804
section. Admission to the program shall be in the discretion of 805
the sheriff. The sheriff may further authorize the offender to 806
participate in educational or other rehabilitative programs 807
designed to supplement his work release employment or to prepare 808
the person for successful reentry. No offender shall be eligible 809
for this program if he or she has more than one (1) year remaining 810
on his or her sentence. 811
(3) The inmates participating in the work program 812
established in accordance with the provisions of Sections 47-5-401 813
through 47-5-421 are restricted to the performance of public 814
service work for counties, municipalities, the state or nonprofit 815
charitable organizations, as defined by Section 501(c)(3) of the 816
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Internal Revenue Code of 1986, except that the Department of 817
Corrections must approve all requests by nonprofit charitable 818
organizations to use offenders to perform any public service work. 819
Upon request of the Board of Trustees of State Institutions of 820
Higher Learning, or the board of trustees of a county school 821
district, municipal school district or junior college district, 822
the inmates may be permitted to perform work for such boards. 823
(4) (a) In addition to any programs established by 824
authority of subsections (1) through (3) of this section, the 825
Mississippi Department of Corrections may establish an inmate work 826
program under which eligible inmates perform services for the 827
Mississippi Department of Transportation. The Mississippi 828
Department of Corrections shall adopt rules necessary to implement 829
the purposes of this act, including those necessary to define 830
eligibility for participation in the program. Inmate compensation 831
for the program shall be no less than the prevailing wage for the 832
position and shall under no circumstances pay less than the 833
federal minimum wage. Any inmate who participates in the program 834
established under the Mississippi Department of Corrections and 835
the Mississippi Department of Transportation shall maintain an 836
account through a local financial institution and shall provide a 837
copy of a check stub to the commissioner or his designee. 838
(b) Any inmate who is a work participant for the 839
program established under the Mississippi Department of 840
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Corrections and the Mississippi Department of Transportation shall 841
be required to pay his or her wages for the following purposes: 842
(i) To pay twenty-five percent (25%) toward any 843
support of dependents or to the Mississippi Department of Human 844
Services on behalf of dependents as may be ordered by a judge of 845
competent jurisdiction as well as fines, restitution, or costs as 846
ordered by the court to include any fines and fees associated with 847
obtaining a valid driver's license upon release. Once all the 848
aforementioned balances have been cleared, or if no liability 849
exists, these funds shall be added to the participant's savings 850
diversion program. 851
(ii) To save fifty percent (50%) of the inmate's 852
wages in the account required under paragraph (a) of this 853
subsection. Monies under this subparagraph shall be made 854
available to the inmate upon parole or release. 855
(iii) To pay up to fifteen percent (15%) of the 856
inmate's wages to the facility for administrative expenses to 857
include transportation costs. 858
(iv) The inmate shall have access to the remaining 859
ten percent (10%) of the monies in his or her account to purchase 860
incidental expenses. 861
(c) Any monies remaining under paragraph (b) of this 862
subsection after all mandatory deductions are paid, shall be 863
deposited in the inmate's account established under this 864
subsection. Any monies remaining under this subsection, upon the 865
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release of the inmate, shall be released to the inmate upon his or 866
her release. 867
(d) The work program required under this section with 868
the Mississippi Department of Transportation may, in the 869
discretion of the Mississippi Department of Corrections, be 870
established in each Mississippi Department of Transportation 871
District. The Mississippi Department of Corrections may work with 872
MAGCOR in implementing this program. 873
SECTION 9. Section 47-5-579, Mississippi Code of 1972, is 874
brought forward as follows: 875
47-5-579. (1) (a) The corporation shall operate a work 876
initiative at the Central Mississippi Correctional Facility, South 877
Mississippi Correctional Institution, Mississippi State 878
Penitentiary and the Mississippi Correctional Institute for Women, 879
and is authorized, in its discretion, to create a work initiative 880
at any other correctional facility listed in Section 47-5-539(d). 881
In lieu of a work initiative created by the corporation, the 882
warden or superintendent or sheriff at any regional and private 883
facility listed in Section 47-5-539 is authorized to create a work 884
initiative at their respective facility consistent with the 885
provisions and requirements of this section. Each initiative 886
shall be limited to no more than twenty-five (25) inmates in the 887
state, regional or private facility at any given time. 888
(b) The department, with regard to a work initiative in 889
an MDOC facility, shall: 890
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(i) Have the ultimate authority for oversight of 891
the administration of the initiative; 892
(ii) Delegate the administration of the initiative 893
to the corporation; and 894
(iii) Oversee the selection of inmates for 895
admission to the initiative. 896
(c) The sheriff, with regard to a work initiative at a 897
regional facility, shall: 898
(i) Have the ultimate authority for oversight of 899
the administration of the initiative; 900
(ii) Oversee the selection of inmates for 901
admission to the initiative; and 902
(iii) Work with the department and the corporation 903
to establish guidelines for the initiative and develop a report 904
thereon. 905
(2) (a) An inmate is eligible for participation in the 906
initiative if the inmate has: 907
(i) No more than two (2) years remaining on the 908
inmate's sentence; 909
(ii) Not been convicted under Section 97-9-49 910
within the last five (5) years; and 911
(iii) Not been sentenced for a sex offense as 912
defined in Section 45-33-23(h). 913
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(b) Any inmate who meets the eligibility requirements 914
of paragraph (a) may request assignment to a work initiative 915
established under this section. 916
(3) (a) The commissioner, in the case of MDOC facilities, 917
or the warden, superintendent, sheriff or similar leader in the 918
case of regional and private facilities, shall select inmates for 919
admission to the program. 920
(b) An inmate currently participating in vocational 921
training or a soft skills training program at a facility 922
authorized to operate a work initiative shall have priority in 923
admission to the program. 924
(4) (a) The chief executive officer, in the case of MDOC 925
facilities, or the warden, superintendent, sheriff or similar 926
leader in the case of regional and private facilities, may 927
authorize the inmate to participate in educational or other 928
rehabilitative programs designed to supplement his work initiative 929
employment or to prepare the person for successful reentry. 930
(b) Before accepting any participants to the program, 931
the corporation, in consultation with the department, shall adopt 932
and publish rules and regulations to effectuate this section no 933
later than six (6) months after the effective date of this 934
section. These rules and regulations shall include all protection 935
requirements for work release programs established pursuant to 936
Sections 47-5-451 through 47-5-471. 937
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(5) Participating employers shall pay no less than the 938
prevailing wage for the position and shall under no circumstance 939
pay less than the federal minimum wage. 940
(6) Any inmate assigned to the initiative who, without 941
proper authority or just cause, leaves the area to which he has 942
been assigned to work or attend educational or other 943
rehabilitative programs, or leaves the vehicle or route of travel 944
involved in his or her going to or returning from such place, will 945
be guilty of escape as provided in Section 97-9-49. An offender 946
who is convicted under Section 97-9-49 shall be ineligible for 947
further participation in the work initiative during his or her 948
current term of confinement. 949
(7) (a) The inmate shall maintain an account through a 950
local financial institution and shall provide a copy of a check 951
stub to the chief executive officer, the warden, the 952
superintendent or the sheriff at a regional facility, as the case 953
may be. 954
(b) The inmate shall be required: 955
(i) To pay twenty-five percent (25%) of the 956
inmate's wages after mandatory deductions for the following 957
purposes: 958
1. To pay support of dependents or to the 959
Mississippi Department of Human Services on behalf of dependents 960
as may be ordered by a judge of competent jurisdiction; and 961
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2. To pay any fines, restitution, or costs as 962
ordered by the court to include any fines and fees associated with 963
obtaining a valid driver's license upon release. 964
(ii) To pay fifteen percent (15%) of the inmate's 965
wages to the corporation for administrative expenses to include 966
transportation costs to be remitted to the state, regional or 967
private facility where the inmate is housed. In the case of state 968
facilities, the administrative expense reimbursement shall be paid 969
to the corporation; in the case of regional facilities, the 970
administrative expense reimbursement shall be paid to the 971
sheriff's department; in the case of private facilities the 972
administrative expense reimbursement shall be paid to the 973
contractor overseeing the facility. 974
(iii) To save fifty percent (50%) of the inmate's 975
wages in the account required under paragraph (a) of this 976
subsection. Monies under this subparagraph shall be made 977
available to the inmate upon parole or release. 978
(c) The inmate shall have access to the remaining ten 979
percent (10%) of the monies in the inmate's account to purchase 980
incidental expenses. 981
(d) Any monies remaining under paragraph (a) of this 982
subsection after all mandatory deductions are paid, shall be 983
deposited in the inmate's account established under this 984
subsection. Any monies remaining upon release in paragraph (c) of 985
this subsection shall be released to the inmate. 986
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(8) The chief executive officer of the corporation shall 987
collect and maintain data which shall be shared semiannually with 988
the Joint Legislative Committee on Performance Evaluation and 989
Expenditure Review (PEER) and the Corrections and Criminal Justice 990
Oversight Task Force in sortable electronic format. The first 991
report shall be made on January 15, 2023, and in six-month 992
intervals thereafter unless PEER establishes a different schedule. 993
The data shall include: 994
(a) Total number of participants at the end of each 995
month by race, gender, and offenses charged; 996
(b) Total number of participants who began the program 997
in each month by race, gender, and offenses charged; 998
(c) Total number of participants who successfully 999
completed the program in each month by race, gender, and offenses 1000
charged; 1001
(d) Total number of participants who left the program 1002
in each month and reason for leaving by race, gender, and offenses 1003
charged; 1004
(e) Total number of participants who were arrested for 1005
a new criminal offense while in the program in each month by race, 1006
gender and offenses charged; 1007
(f) Total number of participants who were convicted of 1008
a new crime while in the program in each month by race, gender and 1009
offenses charged; 1010
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(g) Total number of participants who completed the 1011
program and were convicted of a new crime within three (3) years 1012
of completing the program; 1013
(h) Total amount earned by participants and how the 1014
earnings were distributed in each month; 1015
(i) Results of any initial risk and needs assessments 1016
conducted on each participant by race, gender, and offenses 1017
charged; 1018
(j) List of participating employers; 1019
(k) List of jobs acquired by participants; 1020
(l) List of the hourly wage paid to each participant; 1021
(m) Accounting of the manner and use of the ten percent 1022
(10%) of the wages paid to the corporation by the inmate for 1023
administrative expenses; 1024
(n) Total costs associated with program operations; 1025
(o) List of participating financial institutions; 1026
(p) The number of accounts opened by participants at 1027
financial institutions; 1028
(q) The average hourly wage earned in the program; and 1029
(r) Any other data or information as requested by the 1030
task force. 1031
(9) The Joint Legislative Committee on Performance 1032
Evaluation and Expenditure Review (PEER) shall conduct a review of 1033
the initiative, including any expansion of the initiative 1034
authorized under this section, and produce an annual report to the 1035
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Legislature on their effectiveness by January 1 of each year. The 1036
PEER Committee shall seek the assistance of the Corrections and 1037
Criminal Justice Task Force and may seek assistance from any other 1038
criminal justice experts it deems necessary during its review. 1039
SECTION 10. Section 57-34-5, Mississippi Code of 1972, is 1040
brought forward as follows: 1041
57-34-5. Definitions. As used in this chapter, the 1042
following words and phrases shall have the meanings ascribed to 1043
them in this section, unless the context clearly indicates a 1044
different meaning: 1045
(a) "Act" means the provisions of this chapter. 1046
(b) "Authority" means the Alabama-Mississippi Joint 1047
Economic Development Authority created pursuant to this chapter. 1048
(c) "Board of directors" means the board of directors 1049
of the authority. 1050
(d) "Designated geographic area" means: 1051
(i) Those counties in the State of Alabama that 1052
share a common border with any county in the State of Mississippi; 1053
and 1054
(ii) Those counties in the State of Mississippi 1055
that share a common border with any county in the State of 1056
Alabama. 1057
(e) "Herein," "hereby," "hereunder," "hereof" and other 1058
equivalent words refer to this chapter as an entirety and not 1059
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solely to the particular section or portion thereof in which any 1060
such word is used. 1061
(f) "Project" means: 1062
(i) Any industrial, commercial, research and 1063
development, warehousing, distribution, transportation, 1064
processing, mining, United States government or tourism enterprise 1065
together with all real property required for construction, 1066
maintenance and operation of the enterprise: 1067
1. With an initial capital investment of not 1068
less than Three Hundred Million Dollars ($300,000,000.00) from 1069
private or United States government sources together with all 1070
buildings, and other supporting land and facilities, structures or 1071
improvements of whatever kind required or useful for construction, 1072
maintenance and operation of the enterprise; or 1073
2. With an initial capital investment of not 1074
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 1075
private or United States government sources together with all 1076
buildings and other supporting land and facilities, structures or 1077
improvements of whatever kind required or useful for construction, 1078
maintenance and operation of the enterprise and which creates at 1079
least one thousand (1,000) net new full-time jobs; or 1080
3. Which creates at least one thousand 1081
(1,000) net new full-time jobs which provide an average hourly 1082
wage of not less than two hundred percent (200%) of the federal 1083
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minimum wage in effect on the date the project is placed in 1084
service. 1085
(ii) Any addition to, or expansion of, any 1086
existing enterprise as described in this paragraph if the addition 1087
or expansion: 1088
1. Has an initial capital investment of not 1089
less than Three Hundred Million Dollars ($300,000,000.00) from 1090
private or United States government sources; 1091
2. Has an initial capital investment of not 1092
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 1093
private or United States government sources together with all 1094
buildings and other supporting land and facilities, structures or 1095
improvements of whatever kind required or useful for construction, 1096
maintenance and operation of the enterprise and which creates at 1097
least one thousand (1,000) net new full-time jobs; or 1098
3. Creates at least one thousand (1,000) net 1099
new full-time jobs which provide an average hourly wage of not 1100
less than two hundred percent (200%) of the federal minimum wage 1101
in effect on the date the project is placed in service. 1102
(iii) Any development with an initial capital 1103
investment from private sources of not less than Seven Hundred 1104
Fifty Million Dollars ($750,000,000.00) which will create at least 1105
three thousand (3,000) net new full-time jobs satisfying criteria 1106
to be established by the authority. 1107
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In addition to meeting the other requirements of this 1108
paragraph, in order to fall within the definition of the term 1109
"project": 1110
(i) The enterprise or development must be located 1111
within the designated geographic area; and 1112
(ii) Each state must provide funds or in-kind 1113
contributions equal to at least one-third (1/3) of the total costs 1114
of the project to the states. 1115
(g) "Project agreement" means an agreement, approved by 1116
the Legislature of the states, setting forth certain obligations, 1117
responsibilities, benefits, administrative matters and any other 1118
matters with respect to a specific project that are not 1119
inconsistent with the terms of this chapter as the legislatures of 1120
the states deem appropriate with respect to a specific project. 1121
(h) "Project tax revenues" means: 1122
(i) All of the following state and local taxes 1123
paid directly to a state or a local government by the project: 1124
income taxes, ad valorem taxes on real and personal property, 1125
sales and use taxes, franchise taxes, license taxes, excise taxes 1126
and severance taxes; and 1127
(ii) All state and local personal income tax and 1128
occupational tax withholdings from employees of the project 1129
attributable to employment at the project. 1130
(i) "States" means the State of Alabama and the State 1131
of Mississippi collectively. 1132
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SECTION 11. Section 85-3-4, Mississippi Code of 1972, is 1133
brought forward as follows: 1134
85-3-4. (1) The wages, salaries or other compensation of 1135
laborers or employees, residents of this state, shall be exempt 1136
from seizure under attachment, execution or garnishment for a 1137
period of thirty (30) days from the date of service of any writ of 1138
attachment, execution or garnishment. 1139
(2) After the passage of the period of thirty (30) days 1140
described in subsection (1) of this section, the maximum part of 1141
the aggregate disposable earnings (as defined by Section 1672(b) 1142
of Title 15, USCS) of an individual that may be levied by 1143
attachment, execution or garnishment shall be: 1144
(a) In the case of earnings for any workweek, the 1145
lesser amount of either, 1146
(i) Twenty-five percent (25%) of his disposable 1147
earnings for that week, or 1148
(ii) The amount by which his disposable earnings 1149
for that week exceed thirty (30) times the federal minimum hourly 1150
wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 1151
effect at the time the earnings are payable; or 1152
(b) In the case of earnings for any period other than a 1153
week, the amount by which his disposable earnings exceed the 1154
following "multiple" of the federal minimum hourly wage which is 1155
equivalent in effect to that set forth in paragraph (a)(ii) of 1156
this subsection (2): The number of workweeks, or fractions 1157
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thereof multiplied by thirty (30) multiplied by the applicable 1158
federal minimum wage. 1159
(3) (a) The restrictions of subsections (1) and (2) of this 1160
section do not apply in the case of: 1161
(i) Any order for the support of any person issued 1162
by a court of competent jurisdiction or in accordance with an 1163
administrative procedure, which is established by state law, which 1164
affords substantial due process, and which is subject to judicial 1165
review. 1166
(ii) Any debt due for any state or local tax. 1167
(b) Except as provided in subparagraph (b) (iii) of 1168
this subsection (3), the maximum part of the aggregate disposable 1169
earnings of an individual for any workweek which is subject to 1170
garnishment to enforce any order for the support of any person 1171
shall not exceed: 1172
(i) Where such individual is supporting his spouse 1173
or dependent child (other than a spouse or child with respect to 1174
whose support such order is used), fifty percent (50%) of such 1175
individual's disposable earnings for that week; and 1176
(ii) Where such individual is not supporting such 1177
a spouse or dependent child described in subparagraph (b) (i) of 1178
this subsection (3), sixty percent (60%) of such individual's 1179
disposable earnings for that week; 1180
(iii) With respect to the disposable earnings of 1181
any individual for that workweek, the fifty percent (50%) 1182
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specified in subparagraph (b) (i) of this subsection (3) shall be 1183
deemed to be fifty-five percent (55%) and the sixty percent (60%) 1184
specified in subparagraph (b) (ii) of this subsection (3) shall be 1185
deemed to be sixty-five percent (65%), if and to the extent that 1186
such earnings are subject to garnishment to enforce a support 1187
order with respect to a period which is prior to the period of 1188
twelve (12) weeks which ends with the beginning of such workweek. 1189
SECTION 12. Section 97-3-54.4, Mississippi Code of 1972, is 1190
brought forward as follows: 1191
97-3-54.4. For the purposes of the Mississippi Human 1192
Trafficking Act the following words and phrases shall have the 1193
meanings ascribed herein unless the context clearly requires 1194
otherwise: 1195
(a) "Act" or "this act" means the Mississippi Human 1196
Trafficking Act. 1197
(b) "Actor" means a person who violates any of the 1198
provisions of Sections 97-3-54 through 97-3-54.4. 1199
(c) "Blackmail" means obtaining property or things of 1200
value of another by threatening to (i) inflict bodily injury on 1201
anyone; or (ii) commit any other criminal offense. 1202
(d) "Coerce" or "coercion" means: 1203
(i) Causing or threatening to cause bodily harm to 1204
any person, physically restraining or confining any person, or 1205
threatening to physically restrain or confine any person; 1206
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(ii) Exposing or threatening to expose any fact or 1207
information or disseminating or threatening to disseminate any 1208
fact or information that would tend to subject a person to 1209
criminal or immigration proceedings, hatred, contempt or ridicule; 1210
(iii) Destroying, concealing, removing, 1211
confiscating or possessing any actual or purported passport or 1212
other immigration document, or any other actual or purported 1213
government identification document of any person; 1214
(iv) Providing a controlled substance to a person 1215
for the purpose of compelling the person to engage in labor or 1216
sexual servitude against the person's will; 1217
(v) Causing or threatening to cause financial harm 1218
to any person or using financial control over any person; 1219
(vi) Abusing or threatening to abuse a position of 1220
power, the law, or legal process; 1221
(vii) Using blackmail; 1222
(viii) Using an individual's personal services as 1223
payment or satisfaction of a real or purported debt when: 1. the 1224
reasonable value of the services is not applied toward the 1225
liquidation of the debt; 2. the length of the services is not 1226
limited and the nature of the services is not defined; 3. the 1227
principal amount of the debt does not reasonably reflect the value 1228
of the items or services for which the debt is incurred; or 4. the 1229
individual is prevented from acquiring accurate and timely 1230
information about the disposition of the debt; or 1231
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(ix) Using any scheme, plan or pattern of conduct 1232
intended to cause any person to believe that, if the person did 1233
not perform the labor or services, that the person or another 1234
person would suffer serious harm or physical restraint. 1235
(e) "Commercial sexual activity" means any sex act on 1236
account of which anything of value is given to, promised to, or 1237
received by any person. 1238
(f) "Enterprise" means any individual, sole 1239
proprietorship, partnership, corporation, union or other legal 1240
entity, or any association or group of individuals associated in 1241
fact regardless of whether a legal entity has been formed pursuant 1242
to any state, federal or territorial law. It includes illicit as 1243
well as licit enterprises and governmental as well as other 1244
entities. 1245
(g) "Financial harm" includes, but is not limited to, 1246
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 1247
or violation of the usury law as defined by Title 75, Chapter 17, 1248
Mississippi Code of 1972. 1249
(h) "Forced labor or services" means labor or services 1250
that are performed or provided by another person and are obtained 1251
or maintained through coercion. 1252
(i) "Labor" means work of economic or financial value. 1253
(j) "Maintain" means, in relation to labor or services, 1254
to secure continued performance thereof, regardless of any initial 1255
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agreement on the part of the trafficked person to perform such 1256
labor or service. 1257
(k) "Minor" means a person under the age of eighteen 1258
(18) years. 1259
(l) "Obtain" means, in relation to labor or services, 1260
to secure performance thereof. 1261
(m) "Pecuniary damages" means any of the following: 1262
(i) The greater of the gross income or value to 1263
the defendant of the victim's labor or services, including sexual 1264
services, not reduced by the expense the defendant incurred as a 1265
result of maintaining the victim, or the value of the victim's 1266
labor or services calculated under the minimum wage and overtime 1267
provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 1268
seq., whichever is higher; 1269
(ii) If it is not possible or in the best interest 1270
of the victim to compute a value under subparagraph (i) of this 1271
paragraph (m), the equivalent of the value of the victim's labor 1272
or services if the victim had provided labor or services that were 1273
subject to the minimum wage and overtime provisions of the Fair 1274
Labor Standards Act, 29 USCS 201 et seq.; 1275
(iii) Costs and expenses incurred by the victim as 1276
a result of the offense for: 1277
1. Medical services; 1278
2. Therapy or psychological counseling; 1279
3. Temporary housing; 1280
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4. Transportation; 1281
5. Childcare; 1282
6. Physical and occupational therapy or 1283
rehabilitation; 1284
7. Funeral, interment, and burial services; 1285
reasonable attorney's fees and other legal costs; and 1286
8. Other expenses incurred by the victim. 1287
(n) "Serious harm" means harm, whether physical or 1288
nonphysical, including psychological, economic or reputational, to 1289
an individual that would compel a reasonable person in similar 1290
circumstances as the individual to perform or continue to perform 1291
labor or services to avoid incurring the harm. 1292
(o) "Services" means an ongoing relationship between a 1293
person and the actor in which the person performs activities under 1294
the supervision of or for the benefit of the actor or a third 1295
party and includes, without limitation, commercial sexual 1296
activity, sexually explicit performances, or the production of 1297
sexually explicit materials. 1298
(p) "Sexually explicit performance" means a live or 1299
public act or show intended to arouse or satisfy the sexual 1300
desires or appeal to the prurient interests of patrons. 1301
(q) "Trafficked person" means a person subjected to the 1302
practices prohibited by this act regardless of whether a 1303
perpetrator is identified, apprehended, prosecuted or convicted, 1304
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and is a term used interchangeably with the terms "victim," 1305
"victim of trafficking" and "trafficking victim." 1306
(r) "Venture" means any group of two (2) or more 1307
individuals associated in fact, whether or not a legal entity. 1308
(s) "Sexually oriented material" shall have the meaning 1309
ascribed in Section 97-5-27, Mississippi Code of 1972. 1310
SECTION 13. Section 99-19-20, Mississippi Code of 1972, is 1311
brought forward as follows: 1312
99-19-20. (1) Except as otherwise provided under Section 1313
99-19-20.1, when any court sentences a defendant to pay a fine, 1314
the court may order (a) that the fine be paid immediately, or (b) 1315
that the fine be paid in installments to the clerk of the court or 1316
to the judge, if there be no clerk, or (c) that payment of the 1317
fine be a condition of probation, or (d) that the defendant be 1318
required to work on public property for public benefit under the 1319
direction of the sheriff for a specific number of hours, or (e) 1320
any combination of the above. 1321
(2) Except as otherwise provided under Section 99-19-20.1, 1322
the defendant may be imprisoned until the fine is paid if the 1323
defendant is financially able to pay a fine and the court so 1324
finds, subject to the limitations provided under this section. 1325
The defendant shall not be imprisoned if the defendant is 1326
financially unable to pay a fine and so states to the court in 1327
writing, under oath, after sentence is pronounced, and the court 1328
so finds, except if the defendant is financially unable to pay a 1329
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ST: Minimum wage; establish at $10.00 and set
requirements for exemptions and overtime.
fine and such defendant failed or refused to comply with a prior 1330
sentence as specified in subsection (1) of this section, the 1331
defendant may be imprisoned. 1332
This subsection shall be limited as follows: 1333
(a) In no event shall such period of imprisonment 1334
exceed one (1) day for each One Hundred Dollars ($100.00) of the 1335
fine. 1336
(b) If a sentence of imprisonment, as well as a fine, 1337
were imposed, the aggregate of such term for nonpayment of a fine 1338
and the original sentence of imprisonment shall not exceed the 1339
maximum authorized term of imprisonment. 1340
(c) It shall be in the discretion of the judge to 1341
determine the rate of the credit to be earned for work performed 1342
under subsection (1)(d), but the rate shall be no lower than the 1343
rate of the highest current federal minimum wage. 1344
(3) Periods of confinement imposed for nonpayment of two (2) 1345
or more fines shall run consecutively unless specified by the 1346
court to run concurrently. 1347
SECTION 14. This act shall take effect and be in force from 1348
and after July 1, 2026. 1349