Fair Minimum Wage Act; create.

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

By: Representative Osborne

HOUSE BILL NO. 524

AN ACT TO CREATE THE "FAIR MINIMUM WAGE ACT"; TO ESTABLISH 1
THE STATE MINIMUM WAGE AT $15.00 PER HOUR; TO BRING FORWARD 2
SECTIONS 7-7-204, 17-1-51, 23-15-239, 25-3-40, 37-7-307, 57-34-5, 3
85-3-4, 97-3-54.4 AND 99-19-20, MISSISSIPPI CODE OF 1972, FOR 4
PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. This act shall be known and may be cited as the 7
"Fair Minimum Wage Act." 8
SECTION 2. (1) The Legislature finds that: 9
(a) The current minimum wage is insufficient to keep 10
families out of poverty. 11
(b) Due to inflation and federal inaction, the value of 12
the federal minimum wage has plummeted. 13
(c) State services are strained by families of 14
minimum-wage workers who qualify for public programs like Medicaid 15
and other benefits. 16
(2) This law is enacted to increase the wages of low-income 17
workers, promote the economic strength of the state and take 18
pressure off state social service programs. 19
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SECTION 3. (1) No employer shall pay less than the state 20
minimum wage designated in this section to each employee in every 21
occupation. 22
(2) Except as otherwise provided in this section, the 23
minimum wage for employees shall be Fifteen Dollars ($15.00) per 24
hour. 25
(3) On September 30, 2026, and on September 30 of each year 26
thereafter, the Mississippi Department of Employment Security 27
shall calculate an adjusted minimum wage rate in direct proportion 28
to an increase or decrease in the United States Department of 29
Labor's Consumer Price Index for Urban Wage Earners and Clerical 30
Workers (CPI-W), or a successor index, for the prior period of 31
July 1 to June 30. That adjusted minimum wage shall take effect 32
on the following January 1. 33
(4) Employers, including employers regulated under the 34
federal Fair Labor Standards Act, may not include any amount 35
received by employees as commissions or tips in determining the 36
amount of the minimum wage required to be paid. 37
SECTION 4. Section 7-7-204, Mississippi Code of 1972, is 38
brought forward as follows: 39
7-7-204. (1) Within the limits of the funds available to 40
the Office of the State Auditor for such purpose, the State 41
Auditor may grant a paid internship to students pursuing junior or 42
senior undergraduate-level year coursework toward a bachelor's 43
degree in accounting or graduate-level coursework toward a 44
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master's degree in accounting. Those applicants deemed qualified 45
shall receive funds that may be used to pay for tuition, books and 46
related fees to pursue their degree. It is the intent of the 47
Legislature that the paid internship program (hereinafter referred 48
to as the program) shall be used as an incentive for accounting 49
students to develop job-related skills and to encourage accounting 50
careers at the Office of the State Auditor. 51
(2) In order to be eligible for the program, an applicant 52
must: 53
(a) Attend any college or school approved and 54
designated by the Office of the State Auditor. 55
(b) Satisfy the following conditions: 56
(i) Undergraduate stipulations: Applicants must 57
have successfully obtained a minimum of fifty-eight (58) semester 58
hours toward a bachelor of science degree in accounting from a 59
Mississippi institution of higher learning. 60
Applicants must have achieved a minimum grade point average 61
(GPA) on the previously obtained semester hours toward a bachelor 62
of science degree in accounting of 3.0 on a 4.0 scale. 63
If accepted into the program, participants shall maintain a 64
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 65
counted toward a bachelor of science degree in accounting. 66
(ii) Graduate stipulations: Applicants must have 67
met the regular admission standards and have been accepted into 68
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the master of science accounting program at a Mississippi 69
institution of higher learning. 70
If accepted into the program, participants shall maintain a 71
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 72
counted toward a master of science degree in accounting. 73
(c) All program participants will be required to work a 74
total of three hundred thirty-six (336) hours each summer at the 75
Office of the State Auditor in Jackson, Mississippi. 76
(d) Agree to work as an auditor at the Office of the 77
State Auditor upon graduation for a period of time equivalent to 78
the period of time for which the applicant receives compensation, 79
calculated to the nearest whole month, but in no event less than 80
two (2) years. 81
(3) (a) Before being placed into the program, each 82
applicant shall enter into a contract with the Office of the State 83
Auditor, which shall be deemed a contract with the State of 84
Mississippi, agreeing to the terms and conditions upon which the 85
internship shall be granted to him. The contract shall include 86
such terms and provisions necessary to carry out the full purpose 87
and intent of this section. The form of such contract shall be 88
prepared and approved by the Attorney General of this state, and 89
shall be signed by the State Auditor of the Office of the State 90
Auditor and the participant. 91
(b) Upon entry into the program, participants will 92
become employees of the Office of the State Auditor during their 93
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time in the program and shall be eligible for benefits such as 94
medical insurance paid by the agency for the participant; however, 95
in accordance with Section 25-11-105II(b), those participants 96
shall not become members of the Public Employees' Retirement 97
System while participating in the program. Participants shall not 98
accrue personal or major medical leave while they are in the 99
program. 100
(c) The Office of the State Auditor shall have the 101
authority to cancel any contract made between it and any program 102
participant upon such cause being deemed sufficient by the State 103
Auditor. 104
(d) The Office of the State Auditor is vested with full 105
and complete authority and power to sue in its own name any 106
participant for any damages due the state on any such uncompleted 107
contract, which suit shall be filed and handled by the Attorney 108
General of the state. The Office of the State Auditor may 109
contract with a collection agency or banking institution, subject 110
to approval by the Attorney General, for collection of any damages 111
due the state from any participant. The State of Mississippi, the 112
Office of the State Auditor and its employees are immune from any 113
suit brought in law or equity for actions taken by the collection 114
agency or banking institution incidental to or arising from their 115
performance under the contract. The Office of the State Auditor, 116
collection agency and banking institution may negotiate for the 117
payment of a sum that is less than full payment in order to 118
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satisfy any damages the participant owes the state, subject to 119
approval by the director of the sponsoring facility within the 120
Office of the State Auditor. 121
(4) (a) Any recipient who is accepted into the program by 122
the Mississippi Office of the State Auditor and who fails to 123
complete undergraduate- or graduate-level coursework toward a 124
degree in accounting, or withdraws from school at any time before 125
completing his or her education, shall be liable to repay the 126
Office of the State Auditor for all monies received during the 127
time the recipient was in the program, at the rate of pay received 128
by the employee while in the program, including benefits paid by 129
the agency for the participant, and monies received for tuition, 130
books and related fees used to pursue their degree with interest 131
accruing at ten percent (10%) per annum from the date the 132
recipient failed or withdrew from school. The recipient also will 133
not be liable for repayment for any money earned during the 134
required summer hours. This money shall be considered earned by 135
the recipient at the federal minimum wage rate. 136
(b) All paid internship compensation received by the 137
recipient while in school shall be considered earned conditioned 138
upon the fulfillment of the terms and obligations of the paid 139
internship contract and this section. However, no recipient of 140
the paid internship shall accrue personal or major medical leave 141
while the recipient is pursuing junior or senior 142
undergraduate-level year coursework toward a bachelor's degree in 143
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accounting or graduate-level coursework toward a master's degree 144
in accounting. The recipient shall not be liable for liquidated 145
damages. 146
(c) If the recipient does not work as an auditor at the 147
Office of the State Auditor for the period required under 148
subsection (2)(d) of this section, the recipient shall be liable 149
for repayment on demand of the remaining portion of the 150
compensation that the recipient was paid while in the program 151
which has not been unconditionally earned, with interest accruing 152
at ten percent (10%) per annum from the recipient's date of 153
graduation or the date that the recipient last worked at the 154
Office of the State Auditor, whichever is the later date. In 155
addition, there shall be included in any contract for paid student 156
internship a provision for liquidated damages equal to Five 157
Thousand Dollars ($5,000.00) which may be reduced on a pro rata 158
basis for each year served under such contract. 159
SECTION 5. Section 17-1-51, Mississippi Code of 1972, is 160
brought forward as follows: 161
17-1-51. (1) No county, board of supervisors of a county, 162
municipality or governing authority of a municipality is 163
authorized to establish a mandatory, minimum living wage rate, 164
minimum number of vacation or sick days, whether paid or unpaid, 165
that would regulate how a private employer pays its employees. 166
Each county, board of supervisors of a county, municipality or 167
governing authority of a municipality shall be prohibited from 168
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establishing a mandatory, minimum living wage rate, minimum number 169
of vacation or sick days, whether paid or unpaid, that would 170
regulate how a private employer pays its employees. 171
(2) The Legislature finds that the prohibitions of 172
subsection (1) of this section are necessary to ensure an economic 173
climate conducive to new business development and job growth in 174
the State of Mississippi. We believe that inconsistent 175
application of wage and benefit laws from city to city or county 176
to county must be avoided. While not suggesting a state minimum 177
wage or minimum benefit package, any debate and subsequent action 178
on these matters should be assigned to the Mississippi Legislature 179
as provided in Section 25-3-40, and not local counties or 180
municipalities. 181
(3) The Legislature further finds that wages and employee 182
benefits comprise the most significant expense of operating a 183
business. It also recognizes that neither potential employees or 184
business patrons are likely to restrict themselves to employment 185
opportunities or goods and services in any particular county or 186
municipality. Consequently, local variations in legally required 187
minimum wage rates or mandatory minimum number of vacation or sick 188
leave days would threaten many businesses with a loss of employees 189
to local governments which require a higher minimum wage rate and 190
many other businesses with the loss of patrons to areas which 191
allow for a lower wage rate and more or less vacation or sick 192
days. The net effect of this situation would be detrimental to 193
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the business environment of the state and to the citizens, 194
businesses and governments of the local jurisdictions as well as 195
the local labor markets. 196
(4) The Legislature concludes from these findings that, in 197
order for a business to remain competitive and yet attract and 198
retain the highest possible caliber of employees, and thereby 199
remain sound, an enterprise must work in a uniform environment 200
with respect to minimum wage rates, and mandatory minimum number 201
of vacation or sick leave days. The net impact of local 202
variations in mandated wages and mandatory minimum number of 203
vacation or sick leave days would be economically unstable and 204
create a decline and decrease in the standard of living for the 205
citizens of the state. Consequently, decisions regarding minimum 206
wage, living wage and other employee benefit policies must be made 207
by the state as provided in Section 25-3-40, so that consistency 208
in the wage market is preserved. 209
SECTION 6. Section 23-15-239, Mississippi Code of 1972, is 210
brought forward as follows: 211
23-15-239. (1) The executive committee of each county, in 212
the case of a primary election, or the election commissioners of 213
each county, in the case of all other elections, in conjunction 214
with the circuit clerk, shall, in the years in which counties 215
conduct an election, sponsor and conduct, not less than five (5) 216
days before each election, not less than four (4) hours and not 217
more than eight (8) hours of poll manager training to instruct 218
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poll managers as to their duties in the proper administration of 219
the election and the operation of the polling place. Any poll 220
manager who completes the online training course provided by the 221
Secretary of State shall only be required to complete two (2) 222
hours of in-person poll manager training. No poll manager shall 223
serve in any election unless he or she has received these 224
instructions once during the twelve (12) months immediately 225
preceding the date upon which the election is held; however, 226
nothing in this section shall prevent the appointment of an 227
alternate poll manager to fill a vacancy in case of an emergency. 228
The county executive committee or the election commissioners, as 229
appropriate, shall train a sufficient number of alternates to 230
serve in the event a poll manager is unable to serve for any 231
reason. 232
(2) (a) If it is eligible under Section 23-15-266, the 233
county executive committee may enter into a written agreement with 234
the circuit clerk or the county election commission authorizing 235
the circuit clerk or the county election commission to perform any 236
of the duties required of the county executive committee pursuant 237
to this section. Any agreement entered into pursuant to this 238
subsection shall be signed by the chair of the county executive 239
committee and the circuit clerk or the chair of the county 240
election commission, as appropriate. The county executive 241
committee shall notify the state executive committee and the 242
Secretary of State of the existence of the agreement. 243
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(b) If it is eligible under Section 23-15-266, the 244
municipal executive committee may enter into a written agreement 245
with the municipal clerk or the municipal election commission 246
authorizing the municipal clerk or the municipal election 247
commission to perform any of the duties required of the municipal 248
executive committee pursuant to this section. Any agreement 249
entered into pursuant to this subsection shall be signed by the 250
chair of the municipal executive committee and the municipal clerk 251
or the chair of the municipal election commission, as appropriate. 252
The municipal executive committee shall notify the state executive 253
committee and the Secretary of State of the existence of the 254
agreement. 255
(3) The board of supervisors and the municipal governing 256
authority, in their discretion, may compensate poll managers who 257
attend these training sessions. The compensation shall be at a 258
rate of not less than the federal hourly minimum wage and not more 259
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 260
compensated for more than sixteen (16) hours of attendance at the 261
training sessions regardless of the actual amount of time that 262
they attended the training sessions. 263
(4) The time and location of the training sessions required 264
pursuant to this section shall be announced to the general public 265
by posting a notice thereof at the courthouse and by delivering a 266
copy of the notice to the office of a newspaper having general 267
circulation in the county five (5) days before the date upon which 268
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the training session is to be conducted. Persons who will serve 269
as poll watchers for candidates and political parties, as well as 270
members of the general public, shall be allowed to attend the 271
sessions. 272
(5) Subject to the following annual limitations, the 273
election commissioners shall be entitled to receive a per diem in 274
the amount of One Hundred Ten Dollars ($110.00), to be paid from 275
the county general fund, for every day or period of no less than 276
five (5) hours accumulated over two (2) or more days actually 277
employed in the performance of their duties for the necessary time 278
spent in conducting training sessions as required by this section: 279
(a) In counties having less than fifteen thousand 280
(15,000) residents according to the latest federal decennial 281
census, not more than five (5) days per year; 282
(b) In counties having fifteen thousand (15,000) 283
residents according to the latest federal decennial census but 284
less than thirty thousand (30,000) residents according to the 285
latest federal decennial census, not more than eight (8) days per 286
year; 287
(c) In counties having thirty thousand (30,000) 288
residents according to the latest federal decennial census but 289
less than seventy thousand (70,000) residents according to the 290
latest federal decennial census, not more than ten (10) days per 291
year; 292
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(d) In counties having seventy thousand (70,000) 293
residents according to the latest federal decennial census but 294
less than ninety thousand (90,000) residents according to the 295
latest federal decennial census, not more than twelve (12) days 296
per year; 297
(e) In counties having ninety thousand (90,000) 298
residents according to the latest federal decennial census but 299
less than one hundred seventy thousand (170,000) residents 300
according to the latest federal decennial census, not more than 301
fifteen (15) days per year; 302
(f) In counties having one hundred seventy thousand 303
(170,000) residents according to the latest federal decennial 304
census but less than two hundred thousand (200,000) residents 305
according to the latest federal decennial census, not more than 306
eighteen (18) days per year; 307
(g) In counties having two hundred thousand (200,000) 308
residents according to the latest federal decennial census but 309
less than two hundred twenty-five thousand (225,000) residents 310
according to the latest federal decennial census, not more than 311
nineteen (19) days per year; 312
(h) In counties having two hundred twenty-five thousand 313
(225,000) residents or more according to the latest federal 314
decennial census, not more than twenty-two (22) days per year. 315
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(6) Election commissioners shall claim the per diem 316
authorized in subsection (5) of this section in the manner 317
provided for in Section 23-15-153(6). 318
(7) (a) To provide poll manager training, the Secretary of 319
State has developed a single, comprehensive poll manager training 320
program to ensure uniform, secure elections throughout the state. 321
The program includes online training on all state and federal 322
election laws and procedures and voting machine opening and 323
closing procedures. 324
(b) County poll managers who individually access and 325
complete the online training program, including all skills 326
assessments, at least five (5) days before an election shall be 327
defined as "certified poll managers," and entitled to a 328
"Certificate of Completion." 329
(c) At least one (1) certified poll manager shall be 330
appointed by the county election officials to work in each polling 331
place in the county during each general election. 332
SECTION 7. Section 25-3-40, Mississippi Code of 1972, is 333
brought forward as follows: 334
25-3-40. On July 1, 1978, and each year thereafter, the 335
Mississippi Compensation Plan shall be amended to provide salary 336
increases in such amounts and percentages as might be recommended 337
by the Legislative Budget Office and as may be authorized by funds 338
appropriated by the Legislature for the purpose of granting 339
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incentive salary increases as deemed possible dependent upon the 340
availability of general and special funds. 341
It is hereby declared to be the intent of the Mississippi 342
Legislature to implement the minimum wage as enacted by statutory 343
law of the United States Congress subject to funds being available 344
for that purpose. It is the intent and purpose of this section to 345
maximize annual salary increases consistent with the availability 346
of funds as might be determined by the Mississippi Legislature at 347
its regular annual session and that all salary increases hereafter 348
be made consistent with the provisions of this section. 349
SECTION 8. Section 37-7-307, Mississippi Code of 1972, is 350
brought forward as follows: 351
37-7-307. (1) For purposes of this section, the term 352
"licensed employee" means any employee of a public school district 353
required to hold a valid license by the Commission on Teacher and 354
Administrator Education, Certification and Licensure and 355
Development. 356
(2) The school board of a school district shall establish by 357
rules and regulations a policy of sick leave with pay for licensed 358
employees and teacher assistants employed in the school district, 359
and such policy shall include the following minimum provisions for 360
sick and emergency leave with pay: 361
(a) Each licensed employee and teacher assistant, at 362
the beginning of each school year, shall be credited with a 363
minimum sick leave allowance, with pay, of seven (7) days for 364
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absences caused by illness or physical disability of the employee 365
during that school year. 366
(b) Any unused portion of the total sick leave 367
allowance shall be carried over to the next school year and 368
credited to such licensed employee and teacher assistant if the 369
licensed employee or teacher assistant remains employed in the 370
same school district. In the event any public school licensed 371
employee or teacher assistant transfers from one public school 372
district in Mississippi to another, any unused portion of the 373
total sick leave allowance credited to such licensed employee or 374
teacher assistant shall be credited to such licensed employee or 375
teacher assistant in the computation of unused leave for 376
retirement purposes under Section 25-11-109. Accumulation of sick 377
leave allowed under this section shall be unlimited. 378
(c) No deduction from the pay of such licensed employee 379
or teacher assistant may be made because of absence of such 380
licensed employee or teacher assistant caused by illness or 381
physical disability of the licensed employee or teacher assistant 382
until after all sick leave allowance credited to such licensed 383
employee or teacher assistant has been used. 384
(d) For the first ten (10) days of absence of a 385
licensed employee because of illness or physical disability, in 386
any school year, in excess of the sick leave allowance credited to 387
such licensed employee, there shall be deducted from the pay of 388
such licensed employee the established substitute amount of 389
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licensed employee compensation paid in that local school district, 390
necessitated because of the absence of the licensed employee as a 391
result of illness or physical disability. In lieu of deducting 392
the established substitute amount from the pay of such licensed 393
employee, the policy may allow the licensed employee to receive 394
full pay for the first ten (10) days of absence because of illness 395
or physical disability, in any school year, in excess of the sick 396
leave allowance credited to such licensed employee. Thereafter, 397
the regular pay of such absent licensed employee shall be 398
suspended and withheld in its entirety for any period of absence 399
because of illness or physical disability during that school year. 400
(3) (a) Beginning with the school year 1983-1984, each 401
licensed employee at the beginning of each school year shall be 402
credited with a minimum personal leave allowance, with pay, of two 403
(2) days for absences caused by personal reasons during that 404
school year. Effective for the 2010-2011 and 2011-2012 school 405
years, licensed employees shall be credited with an additional 406
one-half (1/2) day of personal leave for every day the licensed 407
employee is furloughed without pay as provided in Section 408
37-7-308. Except as otherwise provided in paragraph (b) of this 409
subsection, such personal leave shall not be taken on the first 410
day of the school term, the last day of the school term, on a day 411
previous to a holiday or a day after a holiday. Personal leave 412
may be used for professional purposes, including absences caused 413
by attendance of such licensed employee at a seminar, class, 414
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training program, professional association or other functions 415
designed for educators. No deduction from the pay of such 416
licensed employee may be made because of absence of such licensed 417
employee caused by personal reasons until after all personal leave 418
allowance credited to such licensed employee has been used. 419
However, the superintendent of a school district, in his 420
discretion, may allow a licensed employee personal leave in 421
addition to any minimum personal leave allowance, under the 422
condition that there shall be deducted from the salary of such 423
licensed employee the actual amount of any compensation paid to 424
any person as a substitute, necessitated because of the absence of 425
the licensed employee. Any unused portion of the total personal 426
leave allowance up to five (5) days shall be carried over to the 427
next school year and credited to such licensed employee if the 428
licensed employee remains employed in the same school district. 429
Any personal leave allowed for a furlough day shall not be carried 430
over to the next school year. 431
(b) Notwithstanding the restrictions on the use of 432
personal leave prescribed under paragraph (a) of this subsection, 433
a licensed employee may use personal leave as follows: 434
(i) Personal leave may be taken on the first day 435
of the school term, the last day of the school term, on a day 436
previous to a holiday or a day after a holiday if, on the 437
applicable day, an immediate family member of the employee is 438
being deployed for military service. 439
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(ii) Personal leave may be taken on a day previous 440
to a holiday or a day after a holiday if an employee of a school 441
district has either a minimum of ten (10) years' experience as an 442
employee of that school district or a minimum of thirty (30) days 443
of unused accumulated leave that has been earned while employed in 444
that school district. 445
(iii) Personal leave may be taken on the first day 446
of the school term, the last day of the school term, on a day 447
previous to a holiday or a day after a holiday if, on the 448
applicable day, the employee has been summoned to appear for jury 449
duty or as a witness in court. 450
(iv) Personal leave may be taken on the first day 451
of the school term, the last day of the school term, on a day 452
previous to a holiday or a day after a holiday if, on the 453
applicable day, an immediate family member of the employee dies or 454
funeral services are held. Any day of the three (3) bereavement 455
days may be used at the discretion of the teacher, and are not 456
required to be taken in consecutive succession. 457
For the purpose of this subsection (3), the term "immediate 458
family member" means spouse, parent, stepparent, child or 459
stepchild, grandparent or sibling, including a stepbrother or 460
stepsister. 461
(4) Beginning with the school year 1992-1993, each licensed 462
employee shall be credited with a professional leave allowance, 463
with pay, for each day of absence caused by reason of such 464
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employee's statutorily required membership and attendance at a 465
regular or special meeting held within the State of Mississippi of 466
the State Board of Education, the Commission on Teacher and 467
Administrator Education, Certification and Licensure and 468
Development, the Commission on School Accreditation, the 469
Mississippi Authority for Educational Television, the meetings of 470
the state textbook rating committees or other meetings authorized 471
by local school board policy. 472
(5) Upon retirement from employment, each licensed and 473
nonlicensed employee shall be paid for not more than thirty (30) 474
days of unused accumulated leave earned while employed by the 475
school district in which the employee is last employed. Such 476
payment for licensed employees shall be made by the school 477
district at a rate equal to the amount paid to substitute teachers 478
and for nonlicensed employees, the payment shall be made by the 479
school district at a rate equal to the federal minimum wage. The 480
payment shall be treated in the same manner for retirement 481
purposes as a lump-sum payment for personal leave as provided in 482
Section 25-11-103(f). Any remaining lawfully credited unused 483
leave, for which payment has not been made, shall be certified to 484
the Public Employees' Retirement System in the same manner and 485
subject to the same limitations as otherwise provided by law for 486
unused leave. No payment for unused accumulated leave may be made 487
to either a licensed or nonlicensed employee at termination or 488
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separation from service for any purpose other than for the purpose 489
of retirement. 490
(6) The school board may adopt rules and regulations which 491
will reasonably aid to implement the policy of sick and personal 492
leave, including, but not limited to, rules and regulations having 493
the following general effect: 494
(a) Requiring the absent employee to furnish the 495
certificate of a physician or dentist or other medical 496
practitioner as to the illness of the absent licensed employee, 497
where the absence is for four (4) or more consecutive school days, 498
or for two (2) consecutive school days immediately preceding or 499
following a nonschool day; 500
(b) Providing penalties, by way of full deduction from 501
salary, or entry on the work record of the employee, or other 502
appropriate penalties, for any materially false statement by the 503
employee as to the cause of absence; 504
(c) Forfeiture of accumulated or future sick leave, if 505
the absence of the employee is caused by optional dental or 506
medical treatment or surgery which could, without medical risk, 507
have been provided, furnished or performed at a time when school 508
was not in session; 509
(d) Enlarging, increasing or providing greater sick or 510
personal leave allowances than the minimum standards established 511
by this section in the discretion of the school board of each 512
school district. 513
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(7) School boards may include in their budgets provisions 514
for the payment of substitute employees, necessitated because of 515
the absence of regular licensed employees. All such substitute 516
employees shall be paid wholly from district funds. Such school 517
boards, in their discretion, also may pay, from district funds 518
other than the total funding formula funds provided for in 519
Sections 37-151-200 through 37-151-215, the whole or any part of 520
the salaries of all employees granted leaves for the purpose of 521
special studies or training. 522
(8) The school board may further adopt rules and regulations 523
which will reasonably implement such leave policies for all other 524
nonlicensed and hourly paid school employees as the board deems 525
appropriate. Effective for the 2010-2011 and 2011-2012 school 526
years, nonlicensed employees shall be credited with an additional 527
one-half (1/2) day of personal leave for every day the nonlicensed 528
employee is furloughed without pay as provided in Section 529
37-7-308. 530
(9) Vacation leave granted to either licensed or nonlicensed 531
employees shall be synonymous with personal leave. Unused 532
vacation or personal leave accumulated by licensed employees in 533
excess of the maximum five (5) days which may be carried over from 534
one year to the next may be converted to sick leave. The annual 535
conversion of unused vacation or personal leave to sick days for 536
licensed or unlicensed employees shall not exceed the allowable 537
number of personal leave days as provided in Section 25-3-93. The 538
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annual total number of converted unused vacation and/or personal 539
days added to the annual unused sick days for any employee shall 540
not exceed the combined allowable number of days per year provided 541
in Sections 25-3-93 and 25-3-95. Local school board policies that 542
provide for vacation, personal and sick leave for employees shall 543
not exceed the provisions for leave as provided in Sections 544
25-3-93 and 25-3-95. Any personal or vacation leave previously 545
converted to sick leave under a lawfully adopted policy before May 546
1, 2004, or such personal or vacation leave accumulated and 547
available for use prior to May 1, 2004, under a lawfully adopted 548
policy but converted to sick leave after May 1, 2004, shall be 549
recognized as accrued leave by the local school district and 550
available for use by the employee. The leave converted under a 551
lawfully adopted policy prior to May 1, 2004, or such personal and 552
vacation leave accumulated and available for use as of May 1, 553
2004, which was subsequently converted to sick leave may be 554
certified to the Public Employees' Retirement System upon 555
termination of employment and any such leave previously converted 556
and certified to the Public Employees' Retirement System shall be 557
recognized. 558
(10) (a) For the purposes of this subsection, the following 559
words and phrases shall have the meaning ascribed in this 560
paragraph unless the context requires otherwise: 561
(i) "Catastrophic injury or illness" means a 562
life-threatening injury or illness of an employee or a member of 563
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an employee's immediate family that totally incapacitates the 564
employee from work, as verified by a licensed physician, and 565
forces the employee to exhaust all leave time earned by that 566
employee, resulting in the loss of compensation from the local 567
school district for the employee. Conditions that are short-term 568
in nature, including, but not limited to, common illnesses such as 569
influenza and the measles, and common injuries, are not 570
catastrophic. Chronic illnesses or injuries, such as cancer or 571
major surgery, that result in intermittent absences from work and 572
that are long-term in nature and require long recuperation periods 573
may be considered catastrophic. 574
(ii) "Immediate family" means spouse, parent, 575
stepparent, sibling, child or stepchild, grandparent, stepbrother 576
or stepsister. 577
(b) Any school district employee may donate a portion 578
of his or her unused accumulated personal leave or sick leave to 579
another employee of the same school district who is suffering from 580
a catastrophic injury or illness or who has a member of his or her 581
immediate family suffering from a catastrophic injury or illness, 582
in accordance with the following: 583
(i) The employee donating the leave (the "donor 584
employee") shall designate the employee who is to receive the 585
leave (the "recipient employee") and the amount of unused 586
accumulated personal leave and sick leave that is to be donated, 587
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and shall notify the school district superintendent or his 588
designee of his or her designation. 589
(ii) The maximum amount of unused accumulated 590
personal leave that an employee may donate to any other employee 591
may not exceed a number of days that would leave the donor 592
employee with fewer than seven (7) days of personal leave 593
remaining, and the maximum amount of unused accumulated sick leave 594
that an employee may donate to any other employee may not exceed 595
fifty percent (50%) of the unused accumulated sick leave of the 596
donor employee. 597
(iii) An employee must have exhausted all of his 598
or her available leave before he or she will be eligible to 599
receive any leave donated by another employee. Eligibility for 600
donated leave shall be based upon review and approval by the donor 601
employee's supervisor. 602
(iv) Before an employee may receive donated leave, 603
he or she must provide the school district superintendent or his 604
designee with a physician's statement that states that the illness 605
meets the catastrophic criteria established under this section, 606
the beginning date of the catastrophic injury or illness, a 607
description of the injury or illness, and a prognosis for recovery 608
and the anticipated date that the recipient employee will be able 609
to return to work. 610
(v) Before an employee may receive donated leave, 611
the superintendent of education of the school district shall 612
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appoint a review committee to approve or disapprove the said 613
donations of leave, including the determination that the illness 614
is catastrophic within the meaning of this section. 615
(vi) If the total amount of leave that is donated 616
to any employee is not used by the recipient employee, the whole 617
days of donated leave shall be returned to the donor employees on 618
a pro rata basis, based on the ratio of the number of days of 619
leave donated by each donor employee to the total number of days 620
of leave donated by all donor employees. 621
(vii) Donated leave shall not be used in lieu of 622
disability retirement. 623
(11) Effective January 1, 2020, the provisions of this 624
section shall be fully applicable to any licensed employee of the 625
Mississippi School of the Arts (MSA). 626
SECTION 9. Section 57-34-5, Mississippi Code of 1972, is 627
brought forward as follows: 628
57-34-5. Definitions. As used in this chapter, the 629
following words and phrases shall have the meanings ascribed to 630
them in this section, unless the context clearly indicates a 631
different meaning: 632
(a) "Act" means the provisions of this chapter. 633
(b) "Authority" means the Alabama-Mississippi Joint 634
Economic Development Authority created pursuant to this chapter. 635
(c) "Board of directors" means the board of directors 636
of the authority. 637
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(d) "Designated geographic area" means: 638
(i) Those counties in the State of Alabama that 639
share a common border with any county in the State of Mississippi; 640
and 641
(ii) Those counties in the State of Mississippi 642
that share a common border with any county in the State of 643
Alabama. 644
(e) "Herein," "hereby," "hereunder," "hereof" and other 645
equivalent words refer to this chapter as an entirety and not 646
solely to the particular section or portion thereof in which any 647
such word is used. 648
(f) "Project" means: 649
(i) Any industrial, commercial, research and 650
development, warehousing, distribution, transportation, 651
processing, mining, United States government or tourism enterprise 652
together with all real property required for construction, 653
maintenance and operation of the enterprise: 654
1. With an initial capital investment of not 655
less than Three Hundred Million Dollars ($300,000,000.00) from 656
private or United States government sources together with all 657
buildings, and other supporting land and facilities, structures or 658
improvements of whatever kind required or useful for construction, 659
maintenance and operation of the enterprise; or 660
2. With an initial capital investment of not 661
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 662
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private or United States government sources together with all 663
buildings and other supporting land and facilities, structures or 664
improvements of whatever kind required or useful for construction, 665
maintenance and operation of the enterprise and which creates at 666
least one thousand (1,000) net new full-time jobs; or 667
3. Which creates at least one thousand 668
(1,000) net new full-time jobs which provide an average hourly 669
wage of not less than two hundred percent (200%) of the federal 670
minimum wage in effect on the date the project is placed in 671
service. 672
(ii) Any addition to, or expansion of, any 673
existing enterprise as described in this paragraph if the addition 674
or expansion: 675
1. Has an initial capital investment of not 676
less than Three Hundred Million Dollars ($300,000,000.00) from 677
private or United States government sources; 678
2. Has an initial capital investment of not 679
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 680
private or United States government sources together with all 681
buildings and other supporting land and facilities, structures or 682
improvements of whatever kind required or useful for construction, 683
maintenance and operation of the enterprise and which creates at 684
least one thousand (1,000) net new full-time jobs; or 685
3. Creates at least one thousand (1,000) net 686
new full-time jobs which provide an average hourly wage of not 687
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less than two hundred percent (200%) of the federal minimum wage 688
in effect on the date the project is placed in service. 689
(iii) Any development with an initial capital 690
investment from private sources of not less than Seven Hundred 691
Fifty Million Dollars ($750,000,000.00) which will create at least 692
three thousand (3,000) net new full-time jobs satisfying criteria 693
to be established by the authority. 694
In addition to meeting the other requirements of this 695
paragraph, in order to fall within the definition of the term 696
"project": 697
(i) The enterprise or development must be located 698
within the designated geographic area; and 699
(ii) Each state must provide funds or in-kind 700
contributions equal to at least one-third (1/3) of the total costs 701
of the project to the states. 702
(g) "Project agreement" means an agreement, approved by 703
the Legislature of the states, setting forth certain obligations, 704
responsibilities, benefits, administrative matters and any other 705
matters with respect to a specific project that are not 706
inconsistent with the terms of this chapter as the legislatures of 707
the states deem appropriate with respect to a specific project. 708
(h) "Project tax revenues" means: 709
(i) All of the following state and local taxes 710
paid directly to a state or a local government by the project: 711
income taxes, ad valorem taxes on real and personal property, 712
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sales and use taxes, franchise taxes, license taxes, excise taxes 713
and severance taxes; and 714
(ii) All state and local personal income tax and 715
occupational tax withholdings from employees of the project 716
attributable to employment at the project. 717
(i) "States" means the State of Alabama and the State 718
of Mississippi collectively. 719
SECTION 10. Section 85-3-4, Mississippi Code of 1972, is 720
brought forward as follows: 721
85-3-4. (1) The wages, salaries or other compensation of 722
laborers or employees, residents of this state, shall be exempt 723
from seizure under attachment, execution or garnishment for a 724
period of thirty (30) days from the date of service of any writ of 725
attachment, execution or garnishment. 726
(2) After the passage of the period of thirty (30) days 727
described in subsection (1) of this section, the maximum part of 728
the aggregate disposable earnings (as defined by Section 1672(b) 729
of Title 15, USCS) of an individual that may be levied by 730
attachment, execution or garnishment shall be: 731
(a) In the case of earnings for any workweek, the 732
lesser amount of either, 733
(i) Twenty-five percent (25%) of his disposable 734
earnings for that week, or 735
(ii) The amount by which his disposable earnings 736
for that week exceed thirty (30) times the federal minimum hourly 737
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wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 738
effect at the time the earnings are payable; or 739
(b) In the case of earnings for any period other than a 740
week, the amount by which his disposable earnings exceed the 741
following "multiple" of the federal minimum hourly wage which is 742
equivalent in effect to that set forth in paragraph (a)(ii) of 743
this subsection (2): The number of workweeks, or fractions 744
thereof multiplied by thirty (30) multiplied by the applicable 745
federal minimum wage. 746
(3) (a) The restrictions of subsections (1) and (2) of this 747
section do not apply in the case of: 748
(i) Any order for the support of any person issued 749
by a court of competent jurisdiction or in accordance with an 750
administrative procedure, which is established by state law, which 751
affords substantial due process, and which is subject to judicial 752
review. 753
(ii) Any debt due for any state or local tax. 754
(b) Except as provided in subparagraph (b)(iii) of this 755
subsection (3), the maximum part of the aggregate disposable 756
earnings of an individual for any workweek which is subject to 757
garnishment to enforce any order for the support of any person 758
shall not exceed: 759
(i) Where such individual is supporting his spouse 760
or dependent child (other than a spouse or child with respect to 761
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whose support such order is used), fifty percent (50%) of such 762
individual's disposable earnings for that week; and 763
(ii) Where such individual is not supporting such 764
a spouse or dependent child described in subparagraph (b)(i) of 765
this subsection (3) , sixty percent (60%) of such individual's 766
disposable earnings for that week; 767
(iii) With respect to the disposable earnings of 768
any individual for that workweek, the fifty percent (50%) 769
specified in subparagraph (b)(i) of this subsection (3) shall be 770
deemed to be fifty-five percent (55%) and the sixty percent (60%) 771
specified in subparagraph (b)(ii) of this subsection (3) shall be 772
deemed to be sixty-five percent (65%), if and to the extent that 773
such earnings are subject to garnishment to enforce a support 774
order with respect to a period which is prior to the period of 775
twelve (12) weeks which ends with the beginning of such workweek. 776
SECTION 11. Section 97-3-54.4, Mississippi Code of 1972, is 777
brought forward as follows: 778
97-3-54.4. For the purposes of the Mississippi Human 779
Trafficking Act the following words and phrases shall have the 780
meanings ascribed herein unless the context clearly requires 781
otherwise: 782
(a) "Act" or "this act" means the Mississippi Human 783
Trafficking Act. 784
(b) "Actor" means a person who violates any of the 785
provisions of Sections 97-3-54 through 97-3-54.4. 786
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(c) "Blackmail" means obtaining property or things of 787
value of another by threatening to (i) inflict bodily injury on 788
anyone; or (ii) commit any other criminal offense. 789
(d) "Coerce" or "coercion" means: 790
(i) Causing or threatening to cause bodily harm to 791
any person, physically restraining or confining any person, or 792
threatening to physically restrain or confine any person; 793
(ii) Exposing or threatening to expose any fact or 794
information or disseminating or threatening to disseminate any 795
fact or information that would tend to subject a person to 796
criminal or immigration proceedings, hatred, contempt or ridicule; 797
(iii) Destroying, concealing, removing, 798
confiscating or possessing any actual or purported passport or 799
other immigration document, or any other actual or purported 800
government identification document of any person; 801
(iv) Providing a controlled substance to a person 802
for the purpose of compelling the person to engage in labor or 803
sexual servitude against the person's will; 804
(v) Causing or threatening to cause financial harm 805
to any person or using financial control over any person; 806
(vi) Abusing or threatening to abuse a position of 807
power, the law, or legal process; 808
(vii) Using blackmail; 809
(viii) Using an individual's personal services as 810
payment or satisfaction of a real or purported debt when: 1. the 811
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reasonable value of the services is not applied toward the 812
liquidation of the debt; 2. the length of the services is not 813
limited and the nature of the services is not defined; 3. the 814
principal amount of the debt does not reasonably reflect the value 815
of the items or services for which the debt is incurred; or 4. the 816
individual is prevented from acquiring accurate and timely 817
information about the disposition of the debt; or 818
(ix) Using any scheme, plan or pattern of conduct 819
intended to cause any person to believe that, if the person did 820
not perform the labor or services, that the person or another 821
person would suffer serious harm or physical restraint. 822
(e) "Commercial sexual activity" means any sex act on 823
account of which anything of value is given to, promised to, or 824
received by any person. 825
(f) "Enterprise" means any individual, sole 826
proprietorship, partnership, corporation, union or other legal 827
entity, or any association or group of individuals associated in 828
fact regardless of whether a legal entity has been formed pursuant 829
to any state, federal or territorial law. It includes illicit as 830
well as licit enterprises and governmental as well as other 831
entities. 832
(g) "Financial harm" includes, but is not limited to, 833
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 834
or violation of the usury law as defined by Title 75, Chapter 17, 835
Mississippi Code of 1972. 836
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(h) "Forced labor or services" means labor or services 837
that are performed or provided by another person and are obtained 838
or maintained through coercion. 839
(i) "Labor" means work of economic or financial value. 840
(j) "Maintain" means, in relation to labor or services, 841
to secure continued performance thereof, regardless of any initial 842
agreement on the part of the trafficked person to perform such 843
labor or service. 844
(k) "Minor" means a person under the age of eighteen 845
(18) years. 846
(l) "Obtain" means, in relation to labor or services, 847
to secure performance thereof. 848
(m) "Pecuniary damages" means any of the following: 849
(i) The greater of the gross income or value to 850
the defendant of the victim's labor or services, including sexual 851
services, not reduced by the expense the defendant incurred as a 852
result of maintaining the victim, or the value of the victim's 853
labor or services calculated under the minimum wage and overtime 854
provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 855
seq., whichever is higher; 856
(ii) If it is not possible or in the best interest 857
of the victim to compute a value under subparagraph (i) of this 858
paragraph (m), the equivalent of the value of the victim's labor 859
or services if the victim had provided labor or services that were 860
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subject to the minimum wage and overtime provisions of the Fair 861
Labor Standards Act, 29 USCS 201 et seq.; 862
(iii) Costs and expenses incurred by the victim as 863
a result of the offense for: 864
1. Medical services; 865
2. Therapy or psychological counseling; 866
3. Temporary housing; 867
4. Transportation; 868
5. Childcare; 869
6. Physical and occupational therapy or 870
rehabilitation; 871
7. Funeral, interment, and burial services; 872
reasonable attorney's fees and other legal costs; and 873
8. Other expenses incurred by the victim. 874
(n) "Serious harm" means harm, whether physical or 875
nonphysical, including psychological, economic or reputational, to 876
an individual that would compel a reasonable person in similar 877
circumstances as the individual to perform or continue to perform 878
labor or services to avoid incurring the harm. 879
(o) "Services" means an ongoing relationship between a 880
person and the actor in which the person performs activities under 881
the supervision of or for the benefit of the actor or a third 882
party and includes, without limitation, commercial sexual 883
activity, sexually explicit performances, or the production of 884
sexually explicit materials. 885
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(p) "Sexually explicit performance" means a live or 886
public act or show intended to arouse or satisfy the sexual 887
desires or appeal to the prurient interests of patrons. 888
(q) "Trafficked person" means a person subjected to the 889
practices prohibited by this act regardless of whether a 890
perpetrator is identified, apprehended, prosecuted or convicted, 891
and is a term used interchangeably with the terms "victim," 892
"victim of trafficking" and "trafficking victim." 893
(r) "Venture" means any group of two (2) or more 894
individuals associated in fact, whether or not a legal entity. 895
(s) "Sexually oriented material" shall have the meaning 896
ascribed in Section 97-5-27, Mississippi Code of 1972. 897
SECTION 12. Section 99-19-20, Mississippi Code of 1972, is 898
brought forward as follows: 899
99-19-20. (1) Except as otherwise provided under Section 900
99-19-20.1, when any court sentences a defendant to pay a fine, 901
the court may order (a) that the fine be paid immediately, or (b) 902
that the fine be paid in installments to the clerk of the court or 903
to the judge, if there be no clerk, or (c) that payment of the 904
fine be a condition of probation, or (d) that the defendant be 905
required to work on public property for public benefit under the 906
direction of the sheriff for a specific number of hours, or (e) 907
any combination of the above. 908
(2) Except as otherwise provided under Section 99-19-20.1, 909
the defendant may be imprisoned until the fine is paid if the 910
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defendant is financially able to pay a fine and the court so 911
finds, subject to the limitations provided under this section. 912
The defendant shall not be imprisoned if the defendant is 913
financially unable to pay a fine and so states to the court in 914
writing, under oath, after sentence is pronounced, and the court 915
so finds, except if the defendant is financially unable to pay a 916
fine and such defendant failed or refused to comply with a prior 917
sentence as specified in subsection (1) of this section, the 918
defendant may be imprisoned. 919
This subsection shall be limited as follows: 920
(a) In no event shall such period of imprisonment 921
exceed one (1) day for each One Hundred Dollars ($100.00) of the 922
fine. 923
(b) If a sentence of imprisonment, as well as a fine, 924
were imposed, the aggregate of such term for nonpayment of a fine 925
and the original sentence of imprisonment shall not exceed the 926
maximum authorized term of imprisonment. 927
(c) It shall be in the discretion of the judge to 928
determine the rate of the credit to be earned for work performed 929
under subsection (1)(d), but the rate shall be no lower than the 930
rate of the highest current federal minimum wage. 931
(3) Periods of confinement imposed for nonpayment of two (2) 932
or more fines shall run consecutively unless specified by the 933
court to run concurrently. 934
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ST: Fair Minimum Wage Act; create.
SECTION 13. This act shall take effect and be in force from 935
and after July 1, 2026. 936