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

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

By: Representative Banks

HOUSE BILL NO. 741

AN ACT TO CREATE THE "MISSISSIPPI MINIMUM WAGE LAW"; TO 1
ESTABLISH THE STATE MINIMUM WAGE AT $10.00 PER HOUR; TO PROVIDE 2
THAT EMPLOYERS WITH TIPPED EMPLOYEES ARE EXEMPT FROM THE 3
REQUIREMENT TO PAY THE STATE MINIMUM WAGE; TO ESTABLISH GUIDELINES 4
FOR EMPLOYEES ENTITLED TO OVERTIME PAY; TO BRING FORWARD SECTIONS 5
7-7-204, 17-1-51, 23-15-239, 25-3-40, 37-7-307, 57-34-5, 85-3-4, 6
97-3-54.4 AND 99-19-20, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 7
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. This act shall be known and may be cited as the 10
"Mississippi Minimum Wage Act." 11
SECTION 2. (1) As used in this section, the following words 12
and phrases shall have the following meanings, unless the context 13
clearly requires otherwise: 14
(a) "Tipped employee" means any employee engaged in an 15
occupation in which the employee customarily and regularly 16
receives more than Thirty Dollars ($30.00) a month in tips. 17
(b) "Manual laborers" and "blue collar" workers mean 18
workers who perform work involving repetitive operations with 19
their hands, physical skill and energy. They gain the skills and 20
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knowledge required for performance of their routine manual and 21
physical work through apprenticeships and on-the-job training. 22
(2) Every employer shall pay each of his or her employees 23
wages at the rate of not less than Ten Dollars ($10.00) per hour, 24
except as otherwise provided in this section. 25
(3) Every employer shall pay each of his or her tipped 26
employees wages at the rate of not less than Three Dollars 27
Sixty-two Cents ($3.62) per hour. 28
(4) The overtime pay standard requires that overtime must be 29
compensated at a rate not less than one and one-half (1-1/2) times 30
the regular rate at which the employee is actually employed. The 31
regular rate of pay at which the employee is employed may in no 32
event be less than the statutory minimum wage rate established in 33
this section. All employees who receive Four Hundred Fifty-five 34
Dollars ($455.00) or less per week, or equivalent amounts for 35
periods of pay longer than one (1) week, shall be entitled to 36
receive overtime pay. Additionally, the following people shall 37
not be exempt from receiving overtime pay, regardless of their 38
salary: 39
(a) Manual laborers or other blue collar workers; 40
(b) Police officers, detectives, deputy sheriffs, state 41
troopers, highway patrol officers, investigators, inspectors, 42
correctional officers, parole or probation officers, park rangers, 43
firefighters, paramedics, emergency medical technicians, ambulance 44
personnel, rescue workers, hazardous materials workers and similar 45
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employees who perform work such as preventing, controlling or 46
extinguishing fires of any type; rescuing fire, crime or accident 47
victims; preventing or detecting crimes; conducting investigations 48
or inspections for violations of law; performing surveillance; 49
pursuing, restraining and apprehending suspects; detaining or 50
supervising suspected and convicted criminals, including those on 51
probation or parole; interviewing witnesses; interrogating and 52
fingerprinting suspects; preparing investigative reports; or other 53
similar work; 54
(c) Any employee whose primary duty is not management 55
of the entity in which the employee is employed; 56
(d) Any employee whose primary duty is not the 57
performance of work directly related to the management or general 58
business operations of the employer or the employer's customers; 59
and 60
(e) Any employee whose primary duty is not the 61
performance of work requiring knowledge of an advanced type in a 62
field of science or learning customarily acquired by a prolonged 63
course of specialized intellectual instruction or the performance 64
of work requiring invention, imagination, originality or talent in 65
a recognized field of artistic or creative endeavor. 66
(5) Employers and employees who are not specifically 67
mentioned in this section shall fall under the purview of the Fair 68
Labor Standards Act. 69
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SECTION 3. Section 7-7-204, Mississippi Code of 1972, is 70
brought forward as follows: 71
7-7-204. (1) Within the limits of the funds available to 72
the Office of the State Auditor for such purpose, the State 73
Auditor may grant a paid internship to students pursuing junior or 74
senior undergraduate-level year coursework toward a bachelor's 75
degree in accounting or graduate-level coursework toward a 76
master's degree in accounting. Those applicants deemed qualified 77
shall receive funds that may be used to pay for tuition, books and 78
related fees to pursue their degree. It is the intent of the 79
Legislature that the paid internship program (hereinafter referred 80
to as the program) shall be used as an incentive for accounting 81
students to develop job-related skills and to encourage accounting 82
careers at the Office of the State Auditor. 83
(2) In order to be eligible for the program, an applicant 84
must: 85
(a) Attend any college or school approved and 86
designated by the Office of the State Auditor. 87
(b) Satisfy the following conditions: 88
(i) Undergraduate stipulations: Applicants must 89
have successfully obtained a minimum of fifty-eight (58) semester 90
hours toward a bachelor of science degree in accounting from a 91
Mississippi institution of higher learning. 92
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Applicants must have achieved a minimum grade point average 93
(GPA) on the previously obtained semester hours toward a bachelor 94
of science degree in accounting of 3.0 on a 4.0 scale. 95
If accepted into the program, participants shall maintain a 96
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 97
counted toward a bachelor of science degree in accounting. 98
(ii) Graduate stipulations: Applicants must have 99
met the regular admission standards and have been accepted into 100
the master of science accounting program at a Mississippi 101
institution of higher learning. 102
If accepted into the program, participants shall maintain a 103
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 104
counted toward a master of science degree in accounting. 105
(c) All program participants will be required to work a 106
total of three hundred thirty-six (336) hours each summer at the 107
Office of the State Auditor in Jackson, Mississippi. 108
(d) Agree to work as an auditor at the Office of the 109
State Auditor upon graduation for a period of time equivalent to 110
the period of time for which the applicant receives compensation, 111
calculated to the nearest whole month, but in no event less than 112
two (2) years. 113
(3) (a) Before being placed into the program, each 114
applicant shall enter into a contract with the Office of the State 115
Auditor, which shall be deemed a contract with the State of 116
Mississippi, agreeing to the terms and conditions upon which the 117
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internship shall be granted to him. The contract shall include 118
such terms and provisions necessary to carry out the full purpose 119
and intent of this section. The form of such contract shall be 120
prepared and approved by the Attorney General of this state, and 121
shall be signed by the State Auditor of the Office of the State 122
Auditor and the participant. 123
(b) Upon entry into the program, participants will 124
become employees of the Office of the State Auditor during their 125
time in the program and shall be eligible for benefits such as 126
medical insurance paid by the agency for the participant; however, 127
in accordance with Section 25-11-105II(b), those participants 128
shall not become members of the Public Employees' Retirement 129
System while participating in the program. Participants shall not 130
accrue personal or major medical leave while they are in the 131
program. 132
(c) The Office of the State Auditor shall have the 133
authority to cancel any contract made between it and any program 134
participant upon such cause being deemed sufficient by the State 135
Auditor. 136
(d) The Office of the State Auditor is vested with full 137
and complete authority and power to sue in its own name any 138
participant for any damages due the state on any such uncompleted 139
contract, which suit shall be filed and handled by the Attorney 140
General of the state. The Office of the State Auditor may 141
contract with a collection agency or banking institution, subject 142
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to approval by the Attorney General, for collection of any damages 143
due the state from any participant. The State of Mississippi, the 144
Office of the State Auditor and its employees are immune from any 145
suit brought in law or equity for actions taken by the collection 146
agency or banking institution incidental to or arising from their 147
performance under the contract. The Office of the State Auditor, 148
collection agency and banking institution may negotiate for the 149
payment of a sum that is less than full payment in order to 150
satisfy any damages the participant owes the state, subject to 151
approval by the director of the sponsoring facility within the 152
Office of the State Auditor. 153
(4) (a) Any recipient who is accepted into the program by 154
the Mississippi Office of the State Auditor and who fails to 155
complete undergraduate- or graduate-level coursework toward a 156
degree in accounting, or withdraws from school at any time before 157
completing his or her education, shall be liable to repay the 158
Office of the State Auditor for all monies received during the 159
time the recipient was in the program, at the rate of pay received 160
by the employee while in the program, including benefits paid by 161
the agency for the participant, and monies received for tuition, 162
books and related fees used to pursue their degree with interest 163
accruing at ten percent (10%) per annum from the date the 164
recipient failed or withdrew from school. The recipient also will 165
not be liable for repayment for any money earned during the 166
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required summer hours. This money shall be considered earned by 167
the recipient at the federal minimum wage rate. 168
(b) All paid internship compensation received by the 169
recipient while in school shall be considered earned conditioned 170
upon the fulfillment of the terms and obligations of the paid 171
internship contract and this section. However, no recipient of 172
the paid internship shall accrue personal or major medical leave 173
while the recipient is pursuing junior or senior 174
undergraduate-level year coursework toward a bachelor's degree in 175
accounting or graduate-level coursework toward a master's degree 176
in accounting. The recipient shall not be liable for liquidated 177
damages. 178
(c) If the recipient does not work as an auditor at the 179
Office of the State Auditor for the period required under 180
subsection (2)(d) of this section, the recipient shall be liable 181
for repayment on demand of the remaining portion of the 182
compensation that the recipient was paid while in the program 183
which has not been unconditionally earned, with interest accruing 184
at ten percent (10%) per annum from the recipient's date of 185
graduation or the date that the recipient last worked at the 186
Office of the State Auditor, whichever is the later date. In 187
addition, there shall be included in any contract for paid student 188
internship a provision for liquidated damages equal to Five 189
Thousand Dollars ($5,000.00) which may be reduced on a pro rata 190
basis for each year served under such contract. 191
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SECTION 4. Section 17-1-51, Mississippi Code of 1972, is 192
brought forward as follows: 193
17-1-51. (1) No county, board of supervisors of a county, 194
municipality or governing authority of a municipality is 195
authorized to establish a mandatory, minimum living wage rate, 196
minimum number of vacation or sick days, whether paid or unpaid, 197
that would regulate how a private employer pays its employees. 198
Each county, board of supervisors of a county, municipality or 199
governing authority of a municipality shall be prohibited from 200
establishing a mandatory, minimum living wage rate, minimum number 201
of vacation or sick days, whether paid or unpaid, that would 202
regulate how a private employer pays its employees. 203
(2) The Legislature finds that the prohibitions of 204
subsection (1) of this section are necessary to ensure an economic 205
climate conducive to new business development and job growth in 206
the State of Mississippi. We believe that inconsistent 207
application of wage and benefit laws from city to city or county 208
to county must be avoided. While not suggesting a state minimum 209
wage or minimum benefit package, any debate and subsequent action 210
on these matters should be assigned to the Mississippi Legislature 211
as provided in Section 25-3-40, and not local counties or 212
municipalities. 213
(3) The Legislature further finds that wages and employee 214
benefits comprise the most significant expense of operating a 215
business. It also recognizes that neither potential employees or 216
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business patrons are likely to restrict themselves to employment 217
opportunities or goods and services in any particular county or 218
municipality. Consequently, local variations in legally required 219
minimum wage rates or mandatory minimum number of vacation or sick 220
leave days would threaten many businesses with a loss of employees 221
to local governments which require a higher minimum wage rate and 222
many other businesses with the loss of patrons to areas which 223
allow for a lower wage rate and more or less vacation or sick 224
days. The net effect of this situation would be detrimental to 225
the business environment of the state and to the citizens, 226
businesses and governments of the local jurisdictions as well as 227
the local labor markets. 228
(4) The Legislature concludes from these findings that, in 229
order for a business to remain competitive and yet attract and 230
retain the highest possible caliber of employees, and thereby 231
remain sound, an enterprise must work in a uniform environment 232
with respect to minimum wage rates, and mandatory minimum number 233
of vacation or sick leave days. The net impact of local 234
variations in mandated wages and mandatory minimum number of 235
vacation or sick leave days would be economically unstable and 236
create a decline and decrease in the standard of living for the 237
citizens of the state. Consequently, decisions regarding minimum 238
wage, living wage and other employee benefit policies must be made 239
by the state as provided in Section 25-3-40, so that consistency 240
in the wage market is preserved. 241
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SECTION 5. Section 23-15-239, Mississippi Code of 1972, is 242
brought forward as follows: 243
23-15-239. (1) The executive committee of each county, in 244
the case of a primary election, or the election commissioners of 245
each county, in the case of all other elections, in conjunction 246
with the circuit clerk, shall, in the years in which counties 247
conduct an election, sponsor and conduct, not less than five (5) 248
days before each election, not less than four (4) hours and not 249
more than eight (8) hours of poll manager training to instruct 250
poll managers as to their duties in the proper administration of 251
the election and the operation of the polling place. Any poll 252
manager who completes the online training course provided by the 253
Secretary of State shall only be required to complete two (2) 254
hours of in-person poll manager training. No poll manager shall 255
serve in any election unless he or she has received these 256
instructions once during the twelve (12) months immediately 257
preceding the date upon which the election is held; however, 258
nothing in this section shall prevent the appointment of an 259
alternate poll manager to fill a vacancy in case of an emergency. 260
The county executive committee or the election commissioners, as 261
appropriate, shall train a sufficient number of alternates to 262
serve in the event a poll manager is unable to serve for any 263
reason. 264
(2) (a) If it is eligible under Section 23-15-266, the 265
county executive committee may enter into a written agreement with 266
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the circuit clerk or the county election commission authorizing 267
the circuit clerk or the county election commission to perform any 268
of the duties required of the county executive committee pursuant 269
to this section. Any agreement entered into pursuant to this 270
subsection shall be signed by the chair of the county executive 271
committee and the circuit clerk or the chair of the county 272
election commission, as appropriate. The county executive 273
committee shall notify the state executive committee and the 274
Secretary of State of the existence of the agreement. 275
(b) If it is eligible under Section 23-15-266, the 276
municipal executive committee may enter into a written agreement 277
with the municipal clerk or the municipal election commission 278
authorizing the municipal clerk or the municipal election 279
commission to perform any of the duties required of the municipal 280
executive committee pursuant to this section. Any agreement 281
entered into pursuant to this subsection shall be signed by the 282
chair of the municipal executive committee and the municipal clerk 283
or the chair of the municipal election commission, as appropriate. 284
The municipal executive committee shall notify the state executive 285
committee and the Secretary of State of the existence of the 286
agreement. 287
(3) The board of supervisors and the municipal governing 288
authority, in their discretion, may compensate poll managers who 289
attend these training sessions. The compensation shall be at a 290
rate of not less than the federal hourly minimum wage and not more 291
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than Twenty Dollars ($20.00) per hour. Poll managers shall not be 292
compensated for more than sixteen (16) hours of attendance at the 293
training sessions regardless of the actual amount of time that 294
they attended the training sessions. 295
(4) The time and location of the training sessions required 296
pursuant to this section shall be announced to the general public 297
by posting a notice thereof at the courthouse and by delivering a 298
copy of the notice to the office of a newspaper having general 299
circulation in the county five (5) days before the date upon which 300
the training session is to be conducted. Persons who will serve 301
as poll watchers for candidates and political parties, as well as 302
members of the general public, shall be allowed to attend the 303
sessions. 304
(5) Subject to the following annual limitations, the 305
election commissioners shall be entitled to receive a per diem in 306
the amount of One Hundred Ten Dollars ($110.00), to be paid from 307
the county general fund, for every day or period of no less than 308
five (5) hours accumulated over two (2) or more days actually 309
employed in the performance of their duties for the necessary time 310
spent in conducting training sessions as required by this section: 311
(a) In counties having less than fifteen thousand 312
(15,000) residents according to the latest federal decennial 313
census, not more than five (5) days per year; 314
(b) In counties having fifteen thousand (15,000) 315
residents according to the latest federal decennial census but 316
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less than thirty thousand (30,000) residents according to the 317
latest federal decennial census, not more than eight (8) days per 318
year; 319
(c) In counties having thirty thousand (30,000) 320
residents according to the latest federal decennial census but 321
less than seventy thousand (70,000) residents according to the 322
latest federal decennial census, not more than ten (10) days per 323
year; 324
(d) In counties having seventy thousand (70,000) 325
residents according to the latest federal decennial census but 326
less than ninety thousand (90,000) residents according to the 327
latest federal decennial census, not more than twelve (12) days 328
per year; 329
(e) In counties having ninety thousand (90,000) 330
residents according to the latest federal decennial census but 331
less than one hundred seventy thousand (170,000) residents 332
according to the latest federal decennial census, not more than 333
fifteen (15) days per year; 334
(f) In counties having one hundred seventy thousand 335
(170,000) residents according to the latest federal decennial 336
census but less than two hundred thousand (200,000) residents 337
according to the latest federal decennial census, not more than 338
eighteen (18) days per year; 339
(g) In counties having two hundred thousand (200,000) 340
residents according to the latest federal decennial census but 341
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less than two hundred twenty-five thousand (225,000) residents 342
according to the latest federal decennial census, not more than 343
nineteen (19) days per year; 344
(h) In counties having two hundred twenty-five thousand 345
(225,000) residents or more according to the latest federal 346
decennial census, not more than twenty-two (22) days per year. 347
(6) Election commissioners shall claim the per diem 348
authorized in subsection (5) of this section in the manner 349
provided for in Section 23-15-153(6). 350
(7) (a) To provide poll manager training, the Secretary of 351
State has developed a single, comprehensive poll manager training 352
program to ensure uniform, secure elections throughout the state. 353
The program includes online training on all state and federal 354
election laws and procedures and voting machine opening and 355
closing procedures. 356
(b) County poll managers who individually access and 357
complete the online training program, including all skills 358
assessments, at least five (5) days before an election shall be 359
defined as "certified poll managers," and entitled to a 360
"Certificate of Completion." 361
(c) At least one (1) certified poll manager shall be 362
appointed by the county election officials to work in each polling 363
place in the county during each general election. 364
SECTION 6. Section 25-3-40, Mississippi Code of 1972, is 365
brought forward as follows: 366
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25-3-40. On July 1, 1978, and each year thereafter, the 367
Mississippi Compensation Plan shall be amended to provide salary 368
increases in such amounts and percentages as might be recommended 369
by the Legislative Budget Office and as may be authorized by funds 370
appropriated by the Legislature for the purpose of granting 371
incentive salary increases as deemed possible dependent upon the 372
availability of general and special funds. 373
It is hereby declared to be the intent of the Mississippi 374
Legislature to implement the minimum wage as enacted by statutory 375
law of the United States Congress subject to funds being available 376
for that purpose. It is the intent and purpose of this section to 377
maximize annual salary increases consistent with the availability 378
of funds as might be determined by the Mississippi Legislature at 379
its regular annual session and that all salary increases hereafter 380
be made consistent with the provisions of this section. 381
SECTION 7. Section 37-7-307, Mississippi Code of 1972, is 382
brought forward as follows: 383
37-7-307. (1) For purposes of this section, the term 384
"licensed employee" means any employee of a public school district 385
required to hold a valid license by the Commission on Teacher and 386
Administrator Education, Certification and Licensure and 387
Development. 388
(2) The school board of a school district shall establish by 389
rules and regulations a policy of sick leave with pay for licensed 390
employees and teacher assistants employed in the school district, 391
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and such policy shall include the following minimum provisions for 392
sick and emergency leave with pay: 393
(a) Each licensed employee and teacher assistant, at 394
the beginning of each school year, shall be credited with a 395
minimum sick leave allowance, with pay, of seven (7) days for 396
absences caused by illness or physical disability of the employee 397
during that school year. 398
(b) Any unused portion of the total sick leave 399
allowance shall be carried over to the next school year and 400
credited to such licensed employee and teacher assistant if the 401
licensed employee or teacher assistant remains employed in the 402
same school district. In the event any public school licensed 403
employee or teacher assistant transfers from one public school 404
district in Mississippi to another, any unused portion of the 405
total sick leave allowance credited to such licensed employee or 406
teacher assistant shall be credited to such licensed employee or 407
teacher assistant in the computation of unused leave for 408
retirement purposes under Section 25-11-109. Accumulation of sick 409
leave allowed under this section shall be unlimited. 410
(c) No deduction from the pay of such licensed employee 411
or teacher assistant may be made because of absence of such 412
licensed employee or teacher assistant caused by illness or 413
physical disability of the licensed employee or teacher assistant 414
until after all sick leave allowance credited to such licensed 415
employee or teacher assistant has been used. 416
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(d) For the first ten (10) days of absence of a 417
licensed employee because of illness or physical disability, in 418
any school year, in excess of the sick leave allowance credited to 419
such licensed employee, there shall be deducted from the pay of 420
such licensed employee the established substitute amount of 421
licensed employee compensation paid in that local school district, 422
necessitated because of the absence of the licensed employee as a 423
result of illness or physical disability. In lieu of deducting 424
the established substitute amount from the pay of such licensed 425
employee, the policy may allow the licensed employee to receive 426
full pay for the first ten (10) days of absence because of illness 427
or physical disability, in any school year, in excess of the sick 428
leave allowance credited to such licensed employee. Thereafter, 429
the regular pay of such absent licensed employee shall be 430
suspended and withheld in its entirety for any period of absence 431
because of illness or physical disability during that school year. 432
(3) (a) Beginning with the school year 1983-1984, each 433
licensed employee at the beginning of each school year shall be 434
credited with a minimum personal leave allowance, with pay, of two 435
(2) days for absences caused by personal reasons during that 436
school year. Effective for the 2010-2011 and 2011-2012 school 437
years, licensed employees shall be credited with an additional 438
one-half (1/2) day of personal leave for every day the licensed 439
employee is furloughed without pay as provided in Section 440
37-7-308. Except as otherwise provided in paragraph (b) of this 441
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subsection, such personal leave shall not be taken on the first 442
day of the school term, the last day of the school term, on a day 443
previous to a holiday or a day after a holiday. Personal leave 444
may be used for professional purposes, including absences caused 445
by attendance of such licensed employee at a seminar, class, 446
training program, professional association or other functions 447
designed for educators. No deduction from the pay of such 448
licensed employee may be made because of absence of such licensed 449
employee caused by personal reasons until after all personal leave 450
allowance credited to such licensed employee has been used. 451
However, the superintendent of a school district, in his 452
discretion, may allow a licensed employee personal leave in 453
addition to any minimum personal leave allowance, under the 454
condition that there shall be deducted from the salary of such 455
licensed employee the actual amount of any compensation paid to 456
any person as a substitute, necessitated because of the absence of 457
the licensed employee. Any unused portion of the total personal 458
leave allowance up to five (5) days shall be carried over to the 459
next school year and credited to such licensed employee if the 460
licensed employee remains employed in the same school district. 461
Any personal leave allowed for a furlough day shall not be carried 462
over to the next school year. 463
(b) Notwithstanding the restrictions on the use of 464
personal leave prescribed under paragraph (a) of this subsection, 465
a licensed employee may use personal leave as follows: 466
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(i) Personal leave may be taken on the first day 467
of the school term, the last day of the school term, on a day 468
previous to a holiday or a day after a holiday if, on the 469
applicable day, an immediate family member of the employee is 470
being deployed for military service. 471
(ii) Personal leave may be taken on a day previous 472
to a holiday or a day after a holiday if an employee of a school 473
district has either a minimum of ten (10) years' experience as an 474
employee of that school district or a minimum of thirty (30) days 475
of unused accumulated leave that has been earned while employed in 476
that school district. 477
(iii) Personal leave may be taken on the first day 478
of the school term, the last day of the school term, on a day 479
previous to a holiday or a day after a holiday if, on the 480
applicable day, the employee has been summoned to appear for jury 481
duty or as a witness in court. 482
(iv) Personal leave may be taken on the first day 483
of the school term, the last day of the school term, on a day 484
previous to a holiday or a day after a holiday if, on the 485
applicable day, an immediate family member of the employee dies or 486
funeral services are held. Any day of the three (3) bereavement 487
days may be used at the discretion of the teacher, and are not 488
required to be taken in consecutive succession. 489
For the purpose of this subsection (3), the term "immediate 490
family member" means spouse, parent, stepparent, child or 491
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stepchild, grandparent or sibling, including a stepbrother or 492
stepsister. 493
(4) Beginning with the school year 1992-1993, each licensed 494
employee shall be credited with a professional leave allowance, 495
with pay, for each day of absence caused by reason of such 496
employee's statutorily required membership and attendance at a 497
regular or special meeting held within the State of Mississippi of 498
the State Board of Education, the Commission on Teacher and 499
Administrator Education, Certification and Licensure and 500
Development, the Commission on School Accreditation, the 501
Mississippi Authority for Educational Television, the meetings of 502
the state textbook rating committees or other meetings authorized 503
by local school board policy. 504
(5) Upon retirement from employment, each licensed and 505
nonlicensed employee shall be paid for not more than thirty (30) 506
days of unused accumulated leave earned while employed by the 507
school district in which the employee is last employed. Such 508
payment for licensed employees shall be made by the school 509
district at a rate equal to the amount paid to substitute teachers 510
and for nonlicensed employees, the payment shall be made by the 511
school district at a rate equal to the federal minimum wage. The 512
payment shall be treated in the same manner for retirement 513
purposes as a lump-sum payment for personal leave as provided in 514
Section 25-11-103(f). Any remaining lawfully credited unused 515
leave, for which payment has not been made, shall be certified to 516
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the Public Employees' Retirement System in the same manner and 517
subject to the same limitations as otherwise provided by law for 518
unused leave. No payment for unused accumulated leave may be made 519
to either a licensed or nonlicensed employee at termination or 520
separation from service for any purpose other than for the purpose 521
of retirement. 522
(6) The school board may adopt rules and regulations which 523
will reasonably aid to implement the policy of sick and personal 524
leave, including, but not limited to, rules and regulations having 525
the following general effect: 526
(a) Requiring the absent employee to furnish the 527
certificate of a physician or dentist or other medical 528
practitioner as to the illness of the absent licensed employee, 529
where the absence is for four (4) or more consecutive school days, 530
or for two (2) consecutive school days immediately preceding or 531
following a nonschool day; 532
(b) Providing penalties, by way of full deduction from 533
salary, or entry on the work record of the employee, or other 534
appropriate penalties, for any materially false statement by the 535
employee as to the cause of absence; 536
(c) Forfeiture of accumulated or future sick leave, if 537
the absence of the employee is caused by optional dental or 538
medical treatment or surgery which could, without medical risk, 539
have been provided, furnished or performed at a time when school 540
was not in session; 541
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(d) Enlarging, increasing or providing greater sick or 542
personal leave allowances than the minimum standards established 543
by this section in the discretion of the school board of each 544
school district. 545
(7) School boards may include in their budgets provisions 546
for the payment of substitute employees, necessitated because of 547
the absence of regular licensed employees. All such substitute 548
employees shall be paid wholly from district funds. Such school 549
boards, in their discretion, also may pay, from district funds 550
other than the total funding formula funds provided for in 551
Sections 37-151-200 through 37-151-215, the whole or any part of 552
the salaries of all employees granted leaves for the purpose of 553
special studies or training. 554
(8) The school board may further adopt rules and regulations 555
which will reasonably implement such leave policies for all other 556
nonlicensed and hourly paid school employees as the board deems 557
appropriate. Effective for the 2010-2011 and 2011-2012 school 558
years, nonlicensed employees shall be credited with an additional 559
one-half (1/2) day of personal leave for every day the nonlicensed 560
employee is furloughed without pay as provided in Section 561
37-7-308. 562
(9) Vacation leave granted to either licensed or nonlicensed 563
employees shall be synonymous with personal leave. Unused 564
vacation or personal leave accumulated by licensed employees in 565
excess of the maximum five (5) days which may be carried over from 566
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one year to the next may be converted to sick leave. The annual 567
conversion of unused vacation or personal leave to sick days for 568
licensed or unlicensed employees shall not exceed the allowable 569
number of personal leave days as provided in Section 25-3-93. The 570
annual total number of converted unused vacation and/or personal 571
days added to the annual unused sick days for any employee shall 572
not exceed the combined allowable number of days per year provided 573
in Sections 25-3-93 and 25-3-95. Local school board policies that 574
provide for vacation, personal and sick leave for employees shall 575
not exceed the provisions for leave as provided in Sections 576
25-3-93 and 25-3-95. Any personal or vacation leave previously 577
converted to sick leave under a lawfully adopted policy before May 578
1, 2004, or such personal or vacation leave accumulated and 579
available for use prior to May 1, 2004, under a lawfully adopted 580
policy but converted to sick leave after May 1, 2004, shall be 581
recognized as accrued leave by the local school district and 582
available for use by the employee. The leave converted under a 583
lawfully adopted policy prior to May 1, 2004, or such personal and 584
vacation leave accumulated and available for use as of May 1, 585
2004, which was subsequently converted to sick leave may be 586
certified to the Public Employees' Retirement System upon 587
termination of employment and any such leave previously converted 588
and certified to the Public Employees' Retirement System shall be 589
recognized. 590
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(10) (a) For the purposes of this subsection, the following 591
words and phrases shall have the meaning ascribed in this 592
paragraph unless the context requires otherwise: 593
(i) "Catastrophic injury or illness" means a 594
life-threatening injury or illness of an employee or a member of 595
an employee's immediate family that totally incapacitates the 596
employee from work, as verified by a licensed physician, and 597
forces the employee to exhaust all leave time earned by that 598
employee, resulting in the loss of compensation from the local 599
school district for the employee. Conditions that are short-term 600
in nature, including, but not limited to, common illnesses such as 601
influenza and the measles, and common injuries, are not 602
catastrophic. Chronic illnesses or injuries, such as cancer or 603
major surgery, that result in intermittent absences from work and 604
that are long-term in nature and require long recuperation periods 605
may be considered catastrophic. 606
(ii) "Immediate family" means spouse, parent, 607
stepparent, sibling, child or stepchild, grandparent, stepbrother 608
or stepsister. 609
(b) Any school district employee may donate a portion 610
of his or her unused accumulated personal leave or sick leave to 611
another employee of the same school district who is suffering from 612
a catastrophic injury or illness or who has a member of his or her 613
immediate family suffering from a catastrophic injury or illness, 614
in accordance with the following: 615
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(i) The employee donating the leave (the "donor 616
employee") shall designate the employee who is to receive the 617
leave (the "recipient employee") and the amount of unused 618
accumulated personal leave and sick leave that is to be donated, 619
and shall notify the school district superintendent or his 620
designee of his or her designation. 621
(ii) The maximum amount of unused accumulated 622
personal leave that an employee may donate to any other employee 623
may not exceed a number of days that would leave the donor 624
employee with fewer than seven (7) days of personal leave 625
remaining, and the maximum amount of unused accumulated sick leave 626
that an employee may donate to any other employee may not exceed 627
fifty percent (50%) of the unused accumulated sick leave of the 628
donor employee. 629
(iii) An employee must have exhausted all of his 630
or her available leave before he or she will be eligible to 631
receive any leave donated by another employee. Eligibility for 632
donated leave shall be based upon review and approval by the donor 633
employee's supervisor. 634
(iv) Before an employee may receive donated leave, 635
he or she must provide the school district superintendent or his 636
designee with a physician's statement that states that the illness 637
meets the catastrophic criteria established under this section, 638
the beginning date of the catastrophic injury or illness, a 639
description of the injury or illness, and a prognosis for recovery 640
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and the anticipated date that the recipient employee will be able 641
to return to work. 642
(v) Before an employee may receive donated leave, 643
the superintendent of education of the school district shall 644
appoint a review committee to approve or disapprove the said 645
donations of leave, including the determination that the illness 646
is catastrophic within the meaning of this section. 647
(vi) If the total amount of leave that is donated 648
to any employee is not used by the recipient employee, the whole 649
days of donated leave shall be returned to the donor employees on 650
a pro rata basis, based on the ratio of the number of days of 651
leave donated by each donor employee to the total number of days 652
of leave donated by all donor employees. 653
(vii) Donated leave shall not be used in lieu of 654
disability retirement. 655
(11) Effective January 1, 2020, the provisions of this 656
section shall be fully applicable to any licensed employee of the 657
Mississippi School of the Arts (MSA). 658
SECTION 8. Section 57-34-5, Mississippi Code of 1972, is 659
brought forward as follows: 660
57-34-5. Definitions. As used in this chapter, the 661
following words and phrases shall have the meanings ascribed to 662
them in this section, unless the context clearly indicates a 663
different meaning: 664
(a) "Act" means the provisions of this chapter. 665
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(b) "Authority" means the Alabama-Mississippi Joint 666
Economic Development Authority created pursuant to this chapter. 667
(c) "Board of directors" means the board of directors 668
of the authority. 669
(d) "Designated geographic area" means: 670
(i) Those counties in the State of Alabama that 671
share a common border with any county in the State of Mississippi; 672
and 673
(ii) Those counties in the State of Mississippi 674
that share a common border with any county in the State of 675
Alabama. 676
(e) "Herein," "hereby," "hereunder," "hereof" and other 677
equivalent words refer to this chapter as an entirety and not 678
solely to the particular section or portion thereof in which any 679
such word is used. 680
(f) "Project" means: 681
(i) Any industrial, commercial, research and 682
development, warehousing, distribution, transportation, 683
processing, mining, United States government or tourism enterprise 684
together with all real property required for construction, 685
maintenance and operation of the enterprise: 686
1. With an initial capital investment of not 687
less than Three Hundred Million Dollars ($300,000,000.00) from 688
private or United States government sources together with all 689
buildings, and other supporting land and facilities, structures or 690
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improvements of whatever kind required or useful for construction, 691
maintenance and operation of the enterprise; or 692
2. With an initial capital investment of not 693
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 694
private or United States government sources together with all 695
buildings and other supporting land and facilities, structures or 696
improvements of whatever kind required or useful for construction, 697
maintenance and operation of the enterprise and which creates at 698
least one thousand (1,000) net new full-time jobs; or 699
3. Which creates at least one thousand 700
(1,000) net new full-time jobs which provide an average hourly 701
wage of not less than two hundred percent (200%) of the federal 702
minimum wage in effect on the date the project is placed in 703
service. 704
(ii) Any addition to, or expansion of, any 705
existing enterprise as described in this paragraph if the addition 706
or expansion: 707
1. Has an initial capital investment of not 708
less than Three Hundred Million Dollars ($300,000,000.00) from 709
private or United States government sources; 710
2. Has an initial capital investment of not 711
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 712
private or United States government sources together with all 713
buildings and other supporting land and facilities, structures or 714
improvements of whatever kind required or useful for construction, 715
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maintenance and operation of the enterprise and which creates at 716
least one thousand (1,000) net new full-time jobs; or 717
3. Creates at least one thousand (1,000) net 718
new full-time jobs which provide an average hourly wage of not 719
less than two hundred percent (200%) of the federal minimum wage 720
in effect on the date the project is placed in service. 721
(iii) Any development with an initial capital 722
investment from private sources of not less than Seven Hundred 723
Fifty Million Dollars ($750,000,000.00) which will create at least 724
three thousand (3,000) net new full-time jobs satisfying criteria 725
to be established by the authority. 726
In addition to meeting the other requirements of this 727
paragraph, in order to fall within the definition of the term 728
"project": 729
(i) The enterprise or development must be located 730
within the designated geographic area; and 731
(ii) Each state must provide funds or in-kind 732
contributions equal to at least one-third (1/3) of the total costs 733
of the project to the states. 734
(g) "Project agreement" means an agreement, approved by 735
the Legislature of the states, setting forth certain obligations, 736
responsibilities, benefits, administrative matters and any other 737
matters with respect to a specific project that are not 738
inconsistent with the terms of this chapter as the legislatures of 739
the states deem appropriate with respect to a specific project. 740
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(h) "Project tax revenues" means: 741
(i) All of the following state and local taxes 742
paid directly to a state or a local government by the project: 743
income taxes, ad valorem taxes on real and personal property, 744
sales and use taxes, franchise taxes, license taxes, excise taxes 745
and severance taxes; and 746
(ii) All state and local personal income tax and 747
occupational tax withholdings from employees of the project 748
attributable to employment at the project. 749
(i) "States" means the State of Alabama and the State 750
of Mississippi collectively. 751
SECTION 9. Section 85-3-4, Mississippi Code of 1972, is 752
brought forward as follows: 753
85-3-4. (1) The wages, salaries or other compensation of 754
laborers or employees, residents of this state, shall be exempt 755
from seizure under attachment, execution or garnishment for a 756
period of thirty (30) days from the date of service of any writ of 757
attachment, execution or garnishment. 758
(2) After the passage of the period of thirty (30) days 759
described in subsection (1) of this section, the maximum part of 760
the aggregate disposable earnings (as defined by Section 1672(b) 761
of Title 15, USCS) of an individual that may be levied by 762
attachment, execution or garnishment shall be: 763
(a) In the case of earnings for any workweek, the 764
lesser amount of either, 765
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(i) Twenty-five percent (25%) of his disposable 766
earnings for that week, or 767
(ii) The amount by which his disposable earnings 768
for that week exceed thirty (30) times the federal minimum hourly 769
wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 770
effect at the time the earnings are payable; or 771
(b) In the case of earnings for any period other than a 772
week, the amount by which his disposable earnings exceed the 773
following "multiple" of the federal minimum hourly wage which is 774
equivalent in effect to that set forth in paragraph (a)(ii) of 775
this subsection (2): The number of workweeks, or fractions 776
thereof multiplied by thirty (30) multiplied by the applicable 777
federal minimum wage. 778
(3) (a) The restrictions of subsections (1) and (2) of this 779
section do not apply in the case of: 780
(i) Any order for the support of any person issued 781
by a court of competent jurisdiction or in accordance with an 782
administrative procedure, which is established by state law, which 783
affords substantial due process, and which is subject to judicial 784
review. 785
(ii) Any debt due for any state or local tax. 786
(b) Except as provided in subparagraph (b) (iii) of 787
this subsection (3), the maximum part of the aggregate disposable 788
earnings of an individual for any workweek which is subject to 789
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garnishment to enforce any order for the support of any person 790
shall not exceed: 791
(i) Where such individual is supporting his spouse 792
or dependent child (other than a spouse or child with respect to 793
whose support such order is used), fifty percent (50%) of such 794
individual's disposable earnings for that week; and 795
(ii) Where such individual is not supporting such 796
a spouse or dependent child described in subparagraph (b) (i) of 797
this subsection (3), sixty percent (60%) of such individual's 798
disposable earnings for that week; 799
(iii) With respect to the disposable earnings of 800
any individual for that workweek, the fifty percent (50%) 801
specified in subparagraph (b) (i) of this subsection (3) shall be 802
deemed to be fifty-five percent (55%) and the sixty percent (60%) 803
specified in subparagraph (b) (ii) of this subsection (3) shall be 804
deemed to be sixty-five percent (65%), if and to the extent that 805
such earnings are subject to garnishment to enforce a support 806
order with respect to a period which is prior to the period of 807
twelve (12) weeks which ends with the beginning of such workweek. 808
SECTION 10. Section 97-3-54.4, Mississippi Code of 1972, is 809
brought forward as follows: 810
97-3-54.4. For the purposes of the Mississippi Human 811
Trafficking Act the following words and phrases shall have the 812
meanings ascribed herein unless the context clearly requires 813
otherwise: 814
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(a) "Act" or "this act" means the Mississippi Human 815
Trafficking Act. 816
(b) "Actor" means a person who violates any of the 817
provisions of Sections 97-3-54 through 97-3-54.4. 818
(c) "Blackmail" means obtaining property or things of 819
value of another by threatening to (i) inflict bodily injury on 820
anyone; or (ii) commit any other criminal offense. 821
(d) "Coerce" or "coercion" means: 822
(i) Causing or threatening to cause bodily harm to 823
any person, physically restraining or confining any person, or 824
threatening to physically restrain or confine any person; 825
(ii) Exposing or threatening to expose any fact or 826
information or disseminating or threatening to disseminate any 827
fact or information that would tend to subject a person to 828
criminal or immigration proceedings, hatred, contempt or ridicule; 829
(iii) Destroying, concealing, removing, 830
confiscating or possessing any actual or purported passport or 831
other immigration document, or any other actual or purported 832
government identification document of any person; 833
(iv) Providing a controlled substance to a person 834
for the purpose of compelling the person to engage in labor or 835
sexual servitude against the person's will; 836
(v) Causing or threatening to cause financial harm 837
to any person or using financial control over any person; 838
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(vi) Abusing or threatening to abuse a position of 839
power, the law, or legal process; 840
(vii) Using blackmail; 841
(viii) Using an individual's personal services as 842
payment or satisfaction of a real or purported debt when: 1. the 843
reasonable value of the services is not applied toward the 844
liquidation of the debt; 2. the length of the services is not 845
limited and the nature of the services is not defined; 3. the 846
principal amount of the debt does not reasonably reflect the value 847
of the items or services for which the debt is incurred; or 4. the 848
individual is prevented from acquiring accurate and timely 849
information about the disposition of the debt; or 850
(ix) Using any scheme, plan or pattern of conduct 851
intended to cause any person to believe that, if the person did 852
not perform the labor or services, that the person or another 853
person would suffer serious harm or physical restraint. 854
(e) "Commercial sexual activity" means any sex act on 855
account of which anything of value is given to, promised to, or 856
received by any person. 857
(f) "Enterprise" means any individual, sole 858
proprietorship, partnership, corporation, union or other legal 859
entity, or any association or group of individuals associated in 860
fact regardless of whether a legal entity has been formed pursuant 861
to any state, federal or territorial law. It includes illicit as 862
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well as licit enterprises and governmental as well as other 863
entities. 864
(g) "Financial harm" includes, but is not limited to, 865
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 866
or violation of the usury law as defined by Title 75, Chapter 17, 867
Mississippi Code of 1972. 868
(h) "Forced labor or services" means labor or services 869
that are performed or provided by another person and are obtained 870
or maintained through coercion. 871
(i) "Labor" means work of economic or financial value. 872
(j) "Maintain" means, in relation to labor or services, 873
to secure continued performance thereof, regardless of any initial 874
agreement on the part of the trafficked person to perform such 875
labor or service. 876
(k) "Minor" means a person under the age of eighteen 877
(18) years. 878
(l) "Obtain" means, in relation to labor or services, 879
to secure performance thereof. 880
(m) "Pecuniary damages" means any of the following: 881
(i) The greater of the gross income or value to 882
the defendant of the victim's labor or services, including sexual 883
services, not reduced by the expense the defendant incurred as a 884
result of maintaining the victim, or the value of the victim's 885
labor or services calculated under the minimum wage and overtime 886
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provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 887
seq., whichever is higher; 888
(ii) If it is not possible or in the best interest 889
of the victim to compute a value under subparagraph (i) of this 890
paragraph (m), the equivalent of the value of the victim's labor 891
or services if the victim had provided labor or services that were 892
subject to the minimum wage and overtime provisions of the Fair 893
Labor Standards Act, 29 USCS 201 et seq.; 894
(iii) Costs and expenses incurred by the victim as 895
a result of the offense for: 896
1. Medical services; 897
2. Therapy or psychological counseling; 898
3. Temporary housing; 899
4. Transportation; 900
5. Childcare; 901
6. Physical and occupational therapy or 902
rehabilitation; 903
7. Funeral, interment, and burial services; 904
reasonable attorney's fees and other legal costs; and 905
8. Other expenses incurred by the victim. 906
(n) "Serious harm" means harm, whether physical or 907
nonphysical, including psychological, economic or reputational, to 908
an individual that would compel a reasonable person in similar 909
circumstances as the individual to perform or continue to perform 910
labor or services to avoid incurring the harm. 911
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(o) "Services" means an ongoing relationship between a 912
person and the actor in which the person performs activities under 913
the supervision of or for the benefit of the actor or a third 914
party and includes, without limitation, commercial sexual 915
activity, sexually explicit performances, or the production of 916
sexually explicit materials. 917
(p) "Sexually explicit performance" means a live or 918
public act or show intended to arouse or satisfy the sexual 919
desires or appeal to the prurient interests of patrons. 920
(q) "Trafficked person" means a person subjected to the 921
practices prohibited by this act regardless of whether a 922
perpetrator is identified, apprehended, prosecuted or convicted, 923
and is a term used interchangeably with the terms "victim," 924
"victim of trafficking" and "trafficking victim." 925
(r) "Venture" means any group of two (2) or more 926
individuals associated in fact, whether or not a legal entity. 927
(s) "Sexually oriented material" shall have the meaning 928
ascribed in Section 97-5-27, Mississippi Code of 1972. 929
SECTION 11. Section 99-19-20, Mississippi Code of 1972, is 930
brought forward as follows: 931
99-19-20. (1) Except as otherwise provided under Section 932
99-19-20.1, when any court sentences a defendant to pay a fine, 933
the court may order (a) that the fine be paid immediately, or (b) 934
that the fine be paid in installments to the clerk of the court or 935
to the judge, if there be no clerk, or (c) that payment of the 936
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fine be a condition of probation, or (d) that the defendant be 937
required to work on public property for public benefit under the 938
direction of the sheriff for a specific number of hours, or (e) 939
any combination of the above. 940
(2) Except as otherwise provided under Section 99-19-20.1, 941
the defendant may be imprisoned until the fine is paid if the 942
defendant is financially able to pay a fine and the court so 943
finds, subject to the limitations provided under this section. 944
The defendant shall not be imprisoned if the defendant is 945
financially unable to pay a fine and so states to the court in 946
writing, under oath, after sentence is pronounced, and the court 947
so finds, except if the defendant is financially unable to pay a 948
fine and such defendant failed or refused to comply with a prior 949
sentence as specified in subsection (1) of this section, the 950
defendant may be imprisoned. 951
This subsection shall be limited as follows: 952
(a) In no event shall such period of imprisonment 953
exceed one (1) day for each One Hundred Dollars ($100.00) of the 954
fine. 955
(b) If a sentence of imprisonment, as well as a fine, 956
were imposed, the aggregate of such term for nonpayment of a fine 957
and the original sentence of imprisonment shall not exceed the 958
maximum authorized term of imprisonment. 959
(c) It shall be in the discretion of the judge to 960
determine the rate of the credit to be earned for work performed 961
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ST: Minimum wage; establish at $10.00 and set
requirements for exemptions and overtime.
under subsection (1)(d), but the rate shall be no lower than the 962
rate of the highest current federal minimum wage. 963
(3) Periods of confinement imposed for nonpayment of two (2) 964
or more fines shall run consecutively unless specified by the 965
court to run concurrently. 966
SECTION 12. This act shall take effect and be in force from 967
and after July 1, 2026. 968