Minimum wage; establish at $15.00 and set requirements for exemptions and overtime.

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

By: Representative Karriem

HOUSE BILL NO. 526

AN ACT TO CREATE THE "MISSISSIPPI MINIMUM WAGE LAW"; TO 1
ESTABLISH THE STATE MINIMUM WAGE AT $15.00 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 BRING FORWARD SECTIONS 5
7-7-204, 17-1-51, 23-15-239, 25-3-40, 37-7-307, 57-34-5 AND 6
99-19-20, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 7
AMENDMENT; TO AMEND SECTIONS 85-3-4 AND 97-3-54.4, MISSISSIPPI 8
CODE OF 1972, WHICH ARE INCLUDED FOR PURPOSES OF POSSIBLE 9
AMENDMENT, TO MAKE NONSUBSTANTIVE GRAMMATICAL CORRECTIONS; AND FOR 10
RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. This act shall be known and may be cited as the 13
"Mississippi Minimum Wage Law." 14
SECTION 2. (1) As used in this section, the following words 15
and phrases have the following meanings, unless the context 16
clearly requires otherwise: 17
(a) "Tipped employee" means an employee engaged in an 18
occupation in which the employee customarily and regularly 19
receives more than Thirty Dollars ($30.00) a month in tips. 20
(b) "Manual laborers" and "blue collar workers" mean 21
workers who perform work involving repetitive operations with 22
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their hands, physical skill and energy, who gain the skills and 23
knowledge required for performance of their routine manual and 24
physical work through apprenticeships and on-the-job training. 25
(2) Every employer shall pay each of its employees wages at 26
the rate of not less than Fifteen Dollars ($15.00) per hour, 27
except as otherwise provided in this section. 28
(3) Every employer shall pay each of its tipped employees 29
wages at the rate of not less than Three Dollars Sixty-two Cents 30
($3.62) per hour. 31
(4) Overtime must be compensated at a rate not less than one 32
and one-half (1-1/2) times the regular rate at which the employee 33
is actually employed. The regular rate of pay at which the 34
employee is employed may in no event be less than the statutory 35
minimum wage rate established in this section. All employees who 36
receive Four Hundred Fifty-five Dollars ($455.00) or less per 37
week, or equivalent amounts for periods of pay longer than one (1) 38
week, are entitled to receive overtime pay. Additionally, the 39
following people are not exempt from receiving overtime pay, 40
regardless of their 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) An employee whose primary duty is not management of 57
the entity in which the employee is employed; 58
(d) An 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) An 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
(5) Employers and employees who are not specifically 69
mentioned in this section fall under the purview of the Fair Labor 70
Standards Act. 71
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SECTION 3. Section 7-7-204, Mississippi Code of 1972, is 72
brought forward as follows: 73
7-7-204. (1) Within the limits of the funds available to 74
the Office of the State Auditor for such purpose, the State 75
Auditor may grant a paid internship to students pursuing junior or 76
senior undergraduate-level year coursework toward a bachelor's 77
degree in accounting or graduate-level coursework toward a 78
master's degree in accounting. Those applicants deemed qualified 79
shall receive funds that may be used to pay for tuition, books and 80
related fees to pursue their degree. It is the intent of the 81
Legislature that the paid internship program (hereinafter referred 82
to as the program) shall be used as an incentive for accounting 83
students to develop job-related skills and to encourage accounting 84
careers at the Office of the State Auditor. 85
(2) In order to be eligible for the program, an applicant 86
must: 87
(a) Attend any college or school approved and 88
designated by the Office of the State Auditor. 89
(b) Satisfy the following conditions: 90
(i) Undergraduate stipulations: Applicants must 91
have successfully obtained a minimum of fifty-eight (58) semester 92
hours toward a bachelor of science degree in accounting from a 93
Mississippi institution of higher learning. 94
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Applicants must have achieved a minimum grade point average 95
(GPA) on the previously obtained semester hours toward a bachelor 96
of science degree in accounting of 3.0 on a 4.0 scale. 97
If accepted into the program, participants shall maintain a 98
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 99
counted toward a bachelor of science degree in accounting. 100
(ii) Graduate stipulations: Applicants must have 101
met the regular admission standards and have been accepted into 102
the master of science accounting program at a Mississippi 103
institution of higher learning. 104
If accepted into the program, participants shall maintain a 105
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 106
counted toward a master of science degree in accounting. 107
(c) All program participants will be required to work a 108
total of three hundred thirty-six (336) hours each summer at the 109
Office of the State Auditor in Jackson, Mississippi. 110
(d) Agree to work as an auditor at the Office of the 111
State Auditor upon graduation for a period of time equivalent to 112
the period of time for which the applicant receives compensation, 113
calculated to the nearest whole month, but in no event less than 114
two (2) years. 115
(3) (a) Before being placed into the program, each 116
applicant shall enter into a contract with the Office of the State 117
Auditor, which shall be deemed a contract with the State of 118
Mississippi, agreeing to the terms and conditions upon which the 119
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internship shall be granted to him. The contract shall include 120
such terms and provisions necessary to carry out the full purpose 121
and intent of this section. The form of such contract shall be 122
prepared and approved by the Attorney General of this state, and 123
shall be signed by the State Auditor of the Office of the State 124
Auditor and the participant. 125
(b) Upon entry into the program, participants will 126
become employees of the Office of the State Auditor during their 127
time in the program and shall be eligible for benefits such as 128
medical insurance paid by the agency for the participant; however, 129
in accordance with Section 25-11-105II(b), those participants 130
shall not become members of the Public Employees' Retirement 131
System while participating in the program. Participants shall not 132
accrue personal or major medical leave while they are in the 133
program. 134
(c) The Office of the State Auditor shall have the 135
authority to cancel any contract made between it and any program 136
participant upon such cause being deemed sufficient by the State 137
Auditor. 138
(d) The Office of the State Auditor is vested with full 139
and complete authority and power to sue in its own name any 140
participant for any damages due the state on any such uncompleted 141
contract, which suit shall be filed and handled by the Attorney 142
General of the state. The Office of the State Auditor may 143
contract with a collection agency or banking institution, subject 144
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to approval by the Attorney General, for collection of any damages 145
due the state from any participant. The State of Mississippi, the 146
Office of the State Auditor and its employees are immune from any 147
suit brought in law or equity for actions taken by the collection 148
agency or banking institution incidental to or arising from their 149
performance under the contract. The Office of the State Auditor, 150
collection agency and banking institution may negotiate for the 151
payment of a sum that is less than full payment in order to 152
satisfy any damages the participant owes the state, subject to 153
approval by the director of the sponsoring facility within the 154
Office of the State Auditor. 155
(4) (a) Any recipient who is accepted into the program by 156
the Mississippi Office of the State Auditor and who fails to 157
complete undergraduate- or graduate-level coursework toward a 158
degree in accounting, or withdraws from school at any time before 159
completing his or her education, shall be liable to repay the 160
Office of the State Auditor for all monies received during the 161
time the recipient was in the program, at the rate of pay received 162
by the employee while in the program, including benefits paid by 163
the agency for the participant, and monies received for tuition, 164
books and related fees used to pursue their degree with interest 165
accruing at ten percent (10%) per annum from the date the 166
recipient failed or withdrew from school. The recipient also will 167
not be liable for repayment for any money earned during the 168
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required summer hours. This money shall be considered earned by 169
the recipient at the federal minimum wage rate. 170
(b) All paid internship compensation received by the 171
recipient while in school shall be considered earned conditioned 172
upon the fulfillment of the terms and obligations of the paid 173
internship contract and this section. However, no recipient of 174
the paid internship shall accrue personal or major medical leave 175
while the recipient is pursuing junior or senior 176
undergraduate-level year coursework toward a bachelor's degree in 177
accounting or graduate-level coursework toward a master's degree 178
in accounting. The recipient shall not be liable for liquidated 179
damages. 180
(c) If the recipient does not work as an auditor at the 181
Office of the State Auditor for the period required under 182
subsection (2)(d) of this section, the recipient shall be liable 183
for repayment on demand of the remaining portion of the 184
compensation that the recipient was paid while in the program 185
which has not been unconditionally earned, with interest accruing 186
at ten percent (10%) per annum from the recipient's date of 187
graduation or the date that the recipient last worked at the 188
Office of the State Auditor, whichever is the later date. In 189
addition, there shall be included in any contract for paid student 190
internship a provision for liquidated damages equal to Five 191
Thousand Dollars ($5,000.00) which may be reduced on a pro rata 192
basis for each year served under such contract. 193
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SECTION 4. Section 17-1-51, Mississippi Code of 1972, is 194
brought forward as follows: 195
17-1-51. (1) No county, board of supervisors of a county, 196
municipality or governing authority of a municipality is 197
authorized to establish a mandatory, minimum living wage rate, 198
minimum number of vacation or sick days, whether paid or unpaid, 199
that would regulate how a private employer pays its employees. 200
Each county, board of supervisors of a county, municipality or 201
governing authority of a municipality shall be prohibited from 202
establishing a mandatory, minimum living wage rate, minimum number 203
of vacation or sick days, whether paid or unpaid, that would 204
regulate how a private employer pays its employees. 205
(2) The Legislature finds that the prohibitions of 206
subsection (1) of this section are necessary to ensure an economic 207
climate conducive to new business development and job growth in 208
the State of Mississippi. We believe that inconsistent 209
application of wage and benefit laws from city to city or county 210
to county must be avoided. While not suggesting a state minimum 211
wage or minimum benefit package, any debate and subsequent action 212
on these matters should be assigned to the Mississippi Legislature 213
as provided in Section 25-3-40, and not local counties or 214
municipalities. 215
(3) The Legislature further finds that wages and employee 216
benefits comprise the most significant expense of operating a 217
business. It also recognizes that neither potential employees or 218
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business patrons are likely to restrict themselves to employment 219
opportunities or goods and services in any particular county or 220
municipality. Consequently, local variations in legally required 221
minimum wage rates or mandatory minimum number of vacation or sick 222
leave days would threaten many businesses with a loss of employees 223
to local governments which require a higher minimum wage rate and 224
many other businesses with the loss of patrons to areas which 225
allow for a lower wage rate and more or less vacation or sick 226
days. The net effect of this situation would be detrimental to 227
the business environment of the state and to the citizens, 228
businesses and governments of the local jurisdictions as well as 229
the local labor markets. 230
(4) The Legislature concludes from these findings that, in 231
order for a business to remain competitive and yet attract and 232
retain the highest possible caliber of employees, and thereby 233
remain sound, an enterprise must work in a uniform environment 234
with respect to minimum wage rates, and mandatory minimum number 235
of vacation or sick leave days. The net impact of local 236
variations in mandated wages and mandatory minimum number of 237
vacation or sick leave days would be economically unstable and 238
create a decline and decrease in the standard of living for the 239
citizens of the state. Consequently, decisions regarding minimum 240
wage, living wage and other employee benefit policies must be made 241
by the state as provided in Section 25-3-40, so that consistency 242
in the wage market is preserved. 243
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SECTION 5. 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 6. 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 7. 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 8. Section 57-34-5, Mississippi Code of 1972, is 661
brought forward as follows: 662
57-34-5. Definitions. As used in this chapter, the 663
following words and phrases shall have the meanings ascribed to 664
them in this section, unless the context clearly indicates a 665
different meaning: 666
(a) "Act" means the provisions of this chapter. 667
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(b) "Authority" means the Alabama-Mississippi Joint 668
Economic Development Authority created pursuant to this chapter. 669
(c) "Board of directors" means the board of directors 670
of the authority. 671
(d) "Designated geographic area" means: 672
(i) Those counties in the State of Alabama that 673
share a common border with any county in the State of Mississippi; 674
and 675
(ii) Those counties in the State of Mississippi 676
that share a common border with any county in the State of 677
Alabama. 678
(e) "Herein," "hereby," "hereunder," "hereof" and other 679
equivalent words refer to this chapter as an entirety and not 680
solely to the particular section or portion thereof in which any 681
such word is used. 682
(f) "Project" means: 683
(i) Any industrial, commercial, research and 684
development, warehousing, distribution, transportation, 685
processing, mining, United States government or tourism enterprise 686
together with all real property required for construction, 687
maintenance and operation of the enterprise: 688
1. With an initial capital investment of not 689
less than Three Hundred Million Dollars ($300,000,000.00) from 690
private or United States government sources together with all 691
buildings, and other supporting land and facilities, structures or 692
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improvements of whatever kind required or useful for construction, 693
maintenance and operation of the enterprise; or 694
2. With an initial capital investment of not 695
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 696
private or United States government sources together with all 697
buildings and other supporting land and facilities, structures or 698
improvements of whatever kind required or useful for construction, 699
maintenance and operation of the enterprise and which creates at 700
least one thousand (1,000) net new full-time jobs; or 701
3. Which creates at least one thousand 702
(1,000) net new full-time jobs which provide an average hourly 703
wage of not less than two hundred percent (200%) of the federal 704
minimum wage in effect on the date the project is placed in 705
service. 706
(ii) Any addition to, or expansion of, any 707
existing enterprise as described in this paragraph if the addition 708
or expansion: 709
1. Has an initial capital investment of not 710
less than Three Hundred Million Dollars ($300,000,000.00) from 711
private or United States government sources; 712
2. Has an initial capital investment of not 713
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 714
private or United States government sources together with all 715
buildings and other supporting land and facilities, structures or 716
improvements of whatever kind required or useful for construction, 717
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maintenance and operation of the enterprise and which creates at 718
least one thousand (1,000) net new full-time jobs; or 719
3. Creates at least one thousand (1,000) net 720
new full-time jobs which provide an average hourly wage of not 721
less than two hundred percent (200%) of the federal minimum wage 722
in effect on the date the project is placed in service. 723
(iii) Any development with an initial capital 724
investment from private sources of not less than Seven Hundred 725
Fifty Million Dollars ($750,000,000.00) which will create at least 726
three thousand (3,000) net new full-time jobs satisfying criteria 727
to be established by the authority. 728
In addition to meeting the other requirements of this 729
paragraph, in order to fall within the definition of the term 730
"project": 731
(i) The enterprise or development must be located 732
within the designated geographic area; and 733
(ii) Each state must provide funds or in-kind 734
contributions equal to at least one-third (1/3) of the total costs 735
of the project to the states. 736
(g) "Project agreement" means an agreement, approved by 737
the Legislature of the states, setting forth certain obligations, 738
responsibilities, benefits, administrative matters and any other 739
matters with respect to a specific project that are not 740
inconsistent with the terms of this chapter as the legislatures of 741
the states deem appropriate with respect to a specific project. 742
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(h) "Project tax revenues" means: 743
(i) All of the following state and local taxes 744
paid directly to a state or a local government by the project: 745
income taxes, ad valorem taxes on real and personal property, 746
sales and use taxes, franchise taxes, license taxes, excise taxes 747
and severance taxes; and 748
(ii) All state and local personal income tax and 749
occupational tax withholdings from employees of the project 750
attributable to employment at the project. 751
(i) "States" means the State of Alabama and the State 752
of Mississippi collectively. 753
SECTION 9. Section 99-19-20, Mississippi Code of 1972, is 754
brought forward as follows: 755
99-19-20. (1) Except as otherwise provided under Section 756
99-19-20.1, when any court sentences a defendant to pay a fine, 757
the court may order (a) that the fine be paid immediately, or (b) 758
that the fine be paid in installments to the clerk of the court or 759
to the judge, if there be no clerk, or (c) that payment of the 760
fine be a condition of probation, or (d) that the defendant be 761
required to work on public property for public benefit under the 762
direction of the sheriff for a specific number of hours, or (e) 763
any combination of the above. 764
(2) Except as otherwise provided under Section 99-19-20.1, 765
the defendant may be imprisoned until the fine is paid if the 766
defendant is financially able to pay a fine and the court so 767
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finds, subject to the limitations provided under this section. 768
The defendant shall not be imprisoned if the defendant is 769
financially unable to pay a fine and so states to the court in 770
writing, under oath, after sentence is pronounced, and the court 771
so finds, except if the defendant is financially unable to pay a 772
fine and such defendant failed or refused to comply with a prior 773
sentence as specified in subsection (1) of this section, the 774
defendant may be imprisoned. 775
This subsection shall be limited as follows: 776
(a) In no event shall such period of imprisonment 777
exceed one (1) day for each One Hundred Dollars ($100.00) of the 778
fine. 779
(b) If a sentence of imprisonment, as well as a fine, 780
were imposed, the aggregate of such term for nonpayment of a fine 781
and the original sentence of imprisonment shall not exceed the 782
maximum authorized term of imprisonment. 783
(c) It shall be in the discretion of the judge to 784
determine the rate of the credit to be earned for work performed 785
under subsection (1)(d), but the rate shall be no lower than the 786
rate of the highest current federal minimum wage. 787
(3) Periods of confinement imposed for nonpayment of two (2) 788
or more fines shall run consecutively unless specified by the 789
court to run concurrently. 790
SECTION 10. Section 85-3-4, Mississippi Code of 1972, is 791
amended as follows: 792
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85-3-4. (1) The wages, salaries or other compensation of 793
laborers or employees, residents of this state, shall be exempt 794
from seizure under attachment, execution or garnishment for a 795
period of thirty (30) days from the date of service of any writ of 796
attachment, execution or garnishment. 797
(2) After the passage of the period of thirty (30) days 798
described in subsection (1) of this section, the maximum part of 799
the aggregate disposable earnings (as defined by Section 1672(b) 800
of Title 15, USCS) of an individual that may be levied by 801
attachment, execution or garnishment shall be: 802
(a) In the case of earnings for any workweek, the 803
lesser amount of either * * *: 804
(i) Twenty-five percent (25%) of his disposable 805
earnings for that week, or 806
(ii) The amount by which his disposable earnings 807
for that week exceed thirty (30) times the federal minimum hourly 808
wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 809
effect at the time the earnings are payable; or 810
(b) In the case of earnings for any period other than a 811
week, the amount by which his disposable earnings exceed the 812
following "multiple" of the federal minimum hourly wage which is 813
equivalent in effect to that set forth in paragraph (a)(ii) of 814
this subsection (2): The number of workweeks, or fractions 815
thereof multiplied by thirty (30) multiplied by the applicable 816
federal minimum wage. 817
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(3) (a) The restrictions of subsections (1) and (2) of this 818
section do not apply in the case of: 819
(i) Any order for the support of any person issued 820
by a court of competent jurisdiction or in accordance with an 821
administrative procedure, which is established by state law, which 822
affords substantial due process, and which is subject to judicial 823
review. 824
(ii) Any debt due for any state or local tax. 825
(b) Except as provided in subparagraph * * * (iii) of 826
this * * * paragraph (b), the maximum part of the aggregate 827
disposable earnings of an individual for any workweek which is 828
subject to garnishment to enforce any order for the support of any 829
person shall not exceed: 830
(i) Where such individual is supporting his spouse 831
or dependent child (other than a spouse or child with respect to 832
whose support such order is used), fifty percent (50%) of such 833
individual's disposable earnings for that week; and 834
(ii) Where such individual is not supporting such 835
a spouse or dependent child described in subparagraph * * * (i) of 836
this * * * paragraph (b), sixty percent (60%) of such individual's 837
disposable earnings for that week; 838
(iii) With respect to the disposable earnings of 839
any individual for that workweek, the fifty percent (50%) 840
specified in subparagraph * * * (i) of this * * * paragraph (b) 841
shall be deemed to be fifty-five percent (55%) and the sixty 842
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percent (60%) specified in subparagraph * * * (ii) of this * * * 843
paragraph (b) shall be deemed to be sixty-five percent (65%), if 844
and to the extent that such earnings are subject to garnishment to 845
enforce a support order with respect to a period which is prior to 846
the period of twelve (12) weeks which ends with the beginning of 847
such workweek. 848
SECTION 11. Section 97-3-54.4, Mississippi Code of 1972, is 849
amended as follows: 850
97-3-54.4. For the purposes of the Mississippi Human 851
Trafficking Act the following words and phrases shall have the 852
meanings ascribed herein unless the context clearly requires 853
otherwise: 854
(a) "Act" or "this act" means the Mississippi Human 855
Trafficking Act. 856
(b) "Actor" means a person who violates any of the 857
provisions of Sections 97-3-54 through 97-3-54.4. 858
(c) "Blackmail" means obtaining property or things of 859
value of another by threatening to (i) inflict bodily injury on 860
anyone; or (ii) commit any other criminal offense. 861
(d) "Coerce" or "coercion" means: 862
(i) Causing or threatening to cause bodily harm to 863
any person, physically restraining or confining any person, or 864
threatening to physically restrain or confine any person; 865
(ii) Exposing or threatening to expose any fact or 866
information or disseminating or threatening to disseminate any 867
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fact or information that would tend to subject a person to 868
criminal or immigration proceedings, hatred, contempt or ridicule; 869
(iii) Destroying, concealing, removing, 870
confiscating or possessing any actual or purported passport or 871
other immigration document, or any other actual or purported 872
government identification document of any person; 873
(iv) Providing a controlled substance to a person 874
for the purpose of compelling the person to engage in labor or 875
sexual servitude against the person's will; 876
(v) Causing or threatening to cause financial harm 877
to any person or using financial control over any person; 878
(vi) Abusing or threatening to abuse a position of 879
power, the law, or legal process; 880
(vii) Using blackmail; 881
(viii) Using an individual's personal services as 882
payment or satisfaction of a real or purported debt when: 1. the 883
reasonable value of the services is not applied toward the 884
liquidation of the debt; 2. the length of the services is not 885
limited and the nature of the services is not defined; 3. the 886
principal amount of the debt does not reasonably reflect the value 887
of the items or services for which the debt is incurred; or 4. the 888
individual is prevented from acquiring accurate and timely 889
information about the disposition of the debt; or 890
(ix) Using any scheme, plan or pattern of conduct 891
intended to cause any person to believe that, if the person did 892
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not perform the labor or services, that the person or another 893
person would suffer serious harm or physical restraint. 894
(e) "Commercial sexual activity" means any sex act on 895
account of which anything of value is given to, promised to, or 896
received by any person. 897
(f) "Enterprise" means any individual, sole 898
proprietorship, partnership, corporation, union or other legal 899
entity, or any association or group of individuals associated in 900
fact regardless of whether a legal entity has been formed pursuant 901
to any state, federal or territorial law. It includes illicit as 902
well as licit enterprises and governmental as well as other 903
entities. 904
(g) "Financial harm" includes, but is not limited to, 905
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 906
or violation of the usury law as defined by Chapter 17, Title 907
75, * * * Mississippi Code of 1972. 908
(h) "Forced labor or services" means labor or services 909
that are performed or provided by another person and are obtained 910
or maintained through coercion. 911
(i) "Labor" means work of economic or financial value. 912
(j) "Maintain" means, in relation to labor or services, 913
to secure continued performance thereof, regardless of any initial 914
agreement on the part of the trafficked person to perform such 915
labor or service. 916
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(k) "Minor" means a person under the age of eighteen 917
(18) years. 918
(l) "Obtain" means, in relation to labor or services, 919
to secure performance thereof. 920
(m) "Pecuniary damages" means any of the following: 921
(i) The greater of the gross income or value to 922
the defendant of the victim's labor or services, including sexual 923
services, not reduced by the expense the defendant incurred as a 924
result of maintaining the victim, or the value of the victim's 925
labor or services calculated under the minimum wage and overtime 926
provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 927
seq., whichever is higher; 928
(ii) If it is not possible or in the best interest 929
of the victim to compute a value under subparagraph (i) of this 930
paragraph (m), the equivalent of the value of the victim's labor 931
or services if the victim had provided labor or services that were 932
subject to the minimum wage and overtime provisions of the Fair 933
Labor Standards Act, 29 USCS 201 et seq.; 934
(iii) Costs and expenses incurred by the victim as 935
a result of the offense for: 936
1. Medical services; 937
2. Therapy or psychological counseling; 938
3. Temporary housing; 939
4. Transportation; 940
5. Childcare; 941
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6. Physical and occupational therapy or 942
rehabilitation; 943
7. Funeral, interment, and burial services; 944
reasonable attorney's fees and other legal costs; and 945
8. Other expenses incurred by the victim. 946
(n) "Serious harm" means harm, whether physical or 947
nonphysical, including psychological, economic or reputational, to 948
an individual that would compel a reasonable person in similar 949
circumstances as the individual to perform or continue to perform 950
labor or services to avoid incurring the harm. 951
(o) "Services" means an ongoing relationship between a 952
person and the actor in which the person performs activities under 953
the supervision of or for the benefit of the actor or a third 954
party and includes, without limitation, commercial sexual 955
activity, sexually explicit performances, or the production of 956
sexually explicit materials. 957
(p) "Sexually explicit performance" means a live or 958
public act or show intended to arouse or satisfy the sexual 959
desires or appeal to the prurient interests of patrons. 960
(q) "Trafficked person" means a person subjected to the 961
practices prohibited by this act regardless of whether a 962
perpetrator is identified, apprehended, prosecuted or convicted, 963
and is a term used interchangeably with the terms "victim," 964
"victim of trafficking" and "trafficking victim." 965
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ST: Minimum wage; establish at $15.00 and set
requirements for exemptions and overtime.
(r) "Venture" means any group of two (2) or more 966
individuals associated in fact, whether or not a legal entity. 967
(s) "Sexually oriented material" shall have the meaning 968
ascribed in Section 97-5-27 * * *. 969
SECTION 12. This act shall take effect and be in force from 970
and after July 1, 2026. 971