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HB869 • 2026

One Fair Wage Act; create.

AN ACT TO CREATE THE ONE FAIR WAGE ACT; TO PROVIDE DEFINITIONS; TO ESTABLISH A STATE MINIMUM WAGE; TO PROVIDE FOR INCREASES IN THE MINIMUM WAGE; TO PROVIDE THE MINIMUM WAGE FOR TIPPED EMPLOYEES; TO PROVIDE THAT THIS LAW SHALL NOT CONFLICT WITH ANY FEDERAL LAW; TO PROVIDE A SEVERABILITY CLAUSE; TO PROVIDE THAT THIS ACT SHALL BE PROSPECTIVE ONLY; TO BRING FORWARD SECTIONS 7-7-204, 17-1-51, 23-15-239, 25-3-40, 37-7-307, 57-34-5, 85-3-4, 97-3-54.4 AND 99-19-20, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Hulum, Hines, Clark, James-Jones, Osborne
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass, so its exact provisions and impacts remain speculative without further legislative action.

One Fair Wage Act

This act establishes a state minimum wage and sets rules for tipped employees, ensuring their base pay meets the minimum wage requirements.

What This Bill Does

  • Establishes a state minimum wage starting at $15 per hour on January 1, 2027, with annual increases based on inflation until reaching $17.50 by 2030.
  • Requires employers to pay tipped employees an hourly rate that ensures their total compensation (base pay plus tips) meets the minimum wage requirements.

Who It Names or Affects

  • Employees who work in Mississippi and earn an hourly wage or tips.
  • Employers who pay employees in Mississippi.

Terms To Know

Tipped employee
An employee who regularly earns more than $30 per week in tips from customers.
Minimum wage
The lowest hourly rate that employers must pay their workers, set by law.

Limits and Unknowns

  • This bill did not pass and was not signed into law.
  • Details about how the new minimum wage will be enforced are not provided in this summary.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Workforce Development;Business and Commerce

Official Summary Text

One Fair Wage Act; create.

Current Bill Text

Read the full stored bill text
H. B. No. 869 *HR26/R739.1* ~ OFFICIAL ~ G1/2
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To: Workforce Development;
Business and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Hulum, Hines, Clark,
James-Jones, Osborne

HOUSE BILL NO. 869

AN ACT TO CREATE THE ONE FAIR WAGE ACT; TO PROVIDE 1
DEFINITIONS; TO ESTABLISH A STATE MINIMUM WAGE; TO PROVIDE FOR 2
INCREASES IN THE MINIMUM WAGE; TO PROVIDE THE MINIMUM WAGE FOR 3
TIPPED EMPLOYEES; TO PROVIDE THAT THIS LAW SHALL NOT CONFLICT WITH 4
ANY FEDERAL LAW; TO PROVIDE A SEVERABILITY CLAUSE; TO PROVIDE THAT 5
THIS ACT SHALL BE PROSPECTIVE ONLY; TO BRING FORWARD SECTIONS 6
7-7-204, 17-1-51, 23-15-239, 25-3-40, 37-7-307, 57-34-5, 85-3-4, 7
97-3-54.4 AND 99-19-20, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 8
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. The provisions of this act shall be known and may 11
be cited as the "One Fair Wage Act." 12
SECTION 2. For purposes of this act, the following words and 13
phrases shall have the meanings as defined herein unless the 14
context clearly indicates otherwise: 15
(a) "Employee" means any person who is or was employed 16
by an employer, but does not include any person who is either 17
employed by a parent or a sibling, or who performs babysitting 18
services in the employer's home on a casual basis. 19
(b) "Employer" includes any corporation, 20
proprietorship, partnership, joint venture, limited liability 21
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company, trust, association, political subdivision of the state, 22
individual or other entity acting directly or indirectly in the 23
interest of an employer in relation to an employee, but does not 24
include the State of Mississippi, the United States, or a tribal 25
entity. 26
(c) "Employ" means to suffer or permit an individual to 27
work anywhere in this state, regardless of the individual's age, 28
status as a learner, apprentice, vocational trainee or other 29
status wherein that individual provides labor regardless of any 30
benefit to the individual. "Employ" does not include contracting 31
for work with an independent contractor. The burden of proof 32
shall be upon the party for whom the work is performed to show 33
independent contractor status by clear and convincing evidence. 34
(d) "Wage" means monetary compensation due to an 35
employee by reason of employment, including an employee's 36
commissions, but not tips or gratuities. 37
(e) "Law enforcement officer" means the Attorney 38
General, a city attorney, a county attorney or a town attorney. 39
(f) "Department" means the Mississippi Department of 40
Employment Security. 41
(g) "Individual" means a natural person. 42
(h) "Tip" means a verifiable sum presented to an 43
employee by a patron or others as a gift or voluntary gratuity in 44
recognition of some service performed for or on behalf of the 45
patron or others by the employee. 46
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(i) "Tipped employee" means an employee who customarily 47
and regularly receives more than Thirty Dollars ($30.00) per week 48
in tips, who has been informed by the employer in writing about 49
the tip requirements of this act, who retains all tips received, 50
and whose total compensation is at least the minimum wage. 51
(j) "Total compensation" means the sum of wages and 52
tips. 53
SECTION 3. (1) Employers shall pay employees no less than 54
the minimum wage, which shall be not less than the following: 55
(a) Fifteen Dollars ($15.00) on and after January 1, 56
2027. 57
(b) Fifteen Dollars and Fifty Cents ($15.50) on and 58
after January 1, 2028. 59
(c) Sixteen Dollars ($16.00) on and after January 1, 60
2029. 61
(d) Seventeen Dollars and Fifty Cents ($17.50) on and 62
after January 1, 2030. 63
(2) The minimum wage shall be increased on January 1, 2031, 64
and on January 1 of successive years, by the increase in the cost 65
of living as provided in subsection (3) of this section. In 66
addition, on January 1, 2035, and again on January 1, 2036, the 67
minimum wage shall increase by One Dollar ($1.00) after the 68
increase attributable to the cost of living issued pursuant to 69
this subsection and subsection (3). 70
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(3) The increase in the cost of living shall be measured by 71
the percentage increase as of August of the immediately preceding 72
year over the level as of August of the previous year of the 73
consumer price index (all urban consumers, United States city 74
average for all items) or its successor index as published by the 75
United States Department of Labor or its successor agency, with 76
the amount of the minimum wage increase rounded to the nearest 77
multiple of Five Cents ($0.05). If the change in the cost of 78
living as measured in this subsection is negative, the minimum 79
wage shall remain unchanged for that year. 80
(4) For any employee who customarily and regularly receives 81
tips or gratuities from patrons or others, the employer may pay 82
less than the minimum wage as provided in this subsection if the 83
employer can establish by its records of charged tips or by the 84
employee's declaration for federal insurance contributions act 85
(FICA) purposes that for each week, when adding tips received to 86
wages paid, the employee received at least the minimum wage for 87
all hours worked. Compliance with this subsection will be 88
determined by averaging tips received by the employee over the 89
course of the employer's payroll period or any other period 90
selected by the employer that complies with regulations adopted by 91
the department. Excluding any tips received by the employee, 92
employers shall pay tipped employees at least the following: 93
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(a) Three Dollars ($3.00) per hour less than the 94
minimum wage described in subsection (2) on or before December 31, 95
2026. 96
(b) Two Dollars ($2.00) per hour less than the minimum 97
wage described in subsection (2) on or after January 1, 2027, 98
through December 31, 2027. 99
(c) One Dollar ($1.00) per hour less than the minimum 100
wage described in subsection (2) on or after January 1, 2028, 101
through December 31, 2028. 102
(d) The minimum wage described in subsection (2) on or 103
after January 1, 2029. 104
(5) Employers and employees who are not specifically 105
mentioned in this act shall fall under the purview of the Fair 106
Labor Standards Act. 107
SECTION 4. This act shall not be interpreted or applied so 108
as to create any power or duty in conflict with federal law. 109
SECTION 5. If a provision of this act or its application to 110
any person or circumstance is held invalid, the invalidity does 111
not affect other provisions or applications of the act that can be 112
given effect without the invalid provision or application, and to 113
this end the provisions of this act are severable. 114
SECTION 6. This act applies prospectively only. 115
Accordingly, it does not affect rights and duties that matured 116
before the effective date of this act, contracts entered into 117
before the effective date of this act or the interest rate on 118
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judgments that are based on a written agreement entered into 119
before the effective date of this act. 120
SECTION 7. Section 7-7-204, Mississippi Code of 1972, is 121
brought forward as follows: 122
7-7-204. (1) Within the limits of the funds available to 123
the Office of the State Auditor for such purpose, the State 124
Auditor may grant a paid internship to students pursuing junior or 125
senior undergraduate-level year coursework toward a bachelor's 126
degree in accounting or graduate-level coursework toward a 127
master's degree in accounting. Those applicants deemed qualified 128
shall receive funds that may be used to pay for tuition, books and 129
related fees to pursue their degree. It is the intent of the 130
Legislature that the paid internship program (hereinafter referred 131
to as the program) shall be used as an incentive for accounting 132
students to develop job-related skills and to encourage accounting 133
careers at the Office of the State Auditor. 134
(2) In order to be eligible for the program, an applicant 135
must: 136
(a) Attend any college or school approved and 137
designated by the Office of the State Auditor. 138
(b) Satisfy the following conditions: 139
(i) Undergraduate stipulations: Applicants must 140
have successfully obtained a minimum of fifty-eight (58) semester 141
hours toward a bachelor of science degree in accounting from a 142
Mississippi institution of higher learning. 143
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Applicants must have achieved a minimum grade point average 144
(GPA) on the previously obtained semester hours toward a bachelor 145
of science degree in accounting of 3.0 on a 4.0 scale. 146
If accepted into the program, participants shall maintain a 147
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 148
counted toward a bachelor of science degree in accounting. 149
(ii) Graduate stipulations: Applicants must have 150
met the regular admission standards and have been accepted into 151
the master of science accounting program at a Mississippi 152
institution of higher learning. 153
If accepted into the program, participants shall maintain a 154
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 155
counted toward a master of science degree in accounting. 156
(c) All program participants will be required to work a 157
total of three hundred thirty-six (336) hours each summer at the 158
Office of the State Auditor in Jackson, Mississippi. 159
(d) Agree to work as an auditor at the Office of the 160
State Auditor upon graduation for a period of time equivalent to 161
the period of time for which the applicant receives compensation, 162
calculated to the nearest whole month, but in no event less than 163
two (2) years. 164
(3) (a) Before being placed into the program, each 165
applicant shall enter into a contract with the Office of the State 166
Auditor, which shall be deemed a contract with the State of 167
Mississippi, agreeing to the terms and conditions upon which the 168
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internship shall be granted to him. The contract shall include 169
such terms and provisions necessary to carry out the full purpose 170
and intent of this section. The form of such contract shall be 171
prepared and approved by the Attorney General of this state, and 172
shall be signed by the State Auditor of the Office of the State 173
Auditor and the participant. 174
(b) Upon entry into the program, participants will 175
become employees of the Office of the State Auditor during their 176
time in the program and shall be eligible for benefits such as 177
medical insurance paid by the agency for the participant; however, 178
in accordance with Section 25-11-105II(b), those participants 179
shall not become members of the Public Employees' Retirement 180
System while participating in the program. Participants shall not 181
accrue personal or major medical leave while they are in the 182
program. 183
(c) The Office of the State Auditor shall have the 184
authority to cancel any contract made between it and any program 185
participant upon such cause being deemed sufficient by the State 186
Auditor. 187
(d) The Office of the State Auditor is vested with full 188
and complete authority and power to sue in its own name any 189
participant for any damages due the state on any such uncompleted 190
contract, which suit shall be filed and handled by the Attorney 191
General of the state. The Office of the State Auditor may 192
contract with a collection agency or banking institution, subject 193
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to approval by the Attorney General, for collection of any damages 194
due the state from any participant. The State of Mississippi, the 195
Office of the State Auditor and its employees are immune from any 196
suit brought in law or equity for actions taken by the collection 197
agency or banking institution incidental to or arising from their 198
performance under the contract. The Office of the State Auditor, 199
collection agency and banking institution may negotiate for the 200
payment of a sum that is less than full payment in order to 201
satisfy any damages the participant owes the state, subject to 202
approval by the director of the sponsoring facility within the 203
Office of the State Auditor. 204
(4) (a) Any recipient who is accepted into the program by 205
the Mississippi Office of the State Auditor and who fails to 206
complete undergraduate- or graduate-level coursework toward a 207
degree in accounting, or withdraws from school at any time before 208
completing his or her education, shall be liable to repay the 209
Office of the State Auditor for all monies received during the 210
time the recipient was in the program, at the rate of pay received 211
by the employee while in the program, including benefits paid by 212
the agency for the participant, and monies received for tuition, 213
books and related fees used to pursue their degree with interest 214
accruing at ten percent (10%) per annum from the date the 215
recipient failed or withdrew from school. The recipient also will 216
not be liable for repayment for any money earned during the 217
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required summer hours. This money shall be considered earned by 218
the recipient at the federal minimum wage rate. 219
(b) All paid internship compensation received by the 220
recipient while in school shall be considered earned conditioned 221
upon the fulfillment of the terms and obligations of the paid 222
internship contract and this section. However, no recipient of 223
the paid internship shall accrue personal or major medical leave 224
while the recipient is pursuing junior or senior 225
undergraduate-level year coursework toward a bachelor's degree in 226
accounting or graduate-level coursework toward a master's degree 227
in accounting. The recipient shall not be liable for liquidated 228
damages. 229
(c) If the recipient does not work as an auditor at the 230
Office of the State Auditor for the period required under 231
subsection (2)(d) of this section, the recipient shall be liable 232
for repayment on demand of the remaining portion of the 233
compensation that the recipient was paid while in the program 234
which has not been unconditionally earned, with interest accruing 235
at ten percent (10%) per annum from the recipient's date of 236
graduation or the date that the recipient last worked at the 237
Office of the State Auditor, whichever is the later date. In 238
addition, there shall be included in any contract for paid student 239
internship a provision for liquidated damages equal to Five 240
Thousand Dollars ($5,000.00) which may be reduced on a pro rata 241
basis for each year served under such contract. 242
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SECTION 8. Section 17-1-51, Mississippi Code of 1972, is 243
brought forward as follows: 244
17-1-51. (1) No county, board of supervisors of a county, 245
municipality or governing authority of a municipality is 246
authorized to establish a mandatory, minimum living wage rate, 247
minimum number of vacation or sick days, whether paid or unpaid, 248
that would regulate how a private employer pays its employees. 249
Each county, board of supervisors of a county, municipality or 250
governing authority of a municipality shall be prohibited from 251
establishing a mandatory, minimum living wage rate, minimum number 252
of vacation or sick days, whether paid or unpaid, that would 253
regulate how a private employer pays its employees. 254
(2) The Legislature finds that the prohibitions of 255
subsection (1) of this section are necessary to ensure an economic 256
climate conducive to new business development and job growth in 257
the State of Mississippi. We believe that inconsistent 258
application of wage and benefit laws from city to city or county 259
to county must be avoided. While not suggesting a state minimum 260
wage or minimum benefit package, any debate and subsequent action 261
on these matters should be assigned to the Mississippi Legislature 262
as provided in Section 25-3-40, and not local counties or 263
municipalities. 264
(3) The Legislature further finds that wages and employee 265
benefits comprise the most significant expense of operating a 266
business. It also recognizes that neither potential employees or 267
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business patrons are likely to restrict themselves to employment 268
opportunities or goods and services in any particular county or 269
municipality. Consequently, local variations in legally required 270
minimum wage rates or mandatory minimum number of vacation or sick 271
leave days would threaten many businesses with a loss of employees 272
to local governments which require a higher minimum wage rate and 273
many other businesses with the loss of patrons to areas which 274
allow for a lower wage rate and more or less vacation or sick 275
days. The net effect of this situation would be detrimental to 276
the business environment of the state and to the citizens, 277
businesses and governments of the local jurisdictions as well as 278
the local labor markets. 279
(4) The Legislature concludes from these findings that, in 280
order for a business to remain competitive and yet attract and 281
retain the highest possible caliber of employees, and thereby 282
remain sound, an enterprise must work in a uniform environment 283
with respect to minimum wage rates, and mandatory minimum number 284
of vacation or sick leave days. The net impact of local 285
variations in mandated wages and mandatory minimum number of 286
vacation or sick leave days would be economically unstable and 287
create a decline and decrease in the standard of living for the 288
citizens of the state. Consequently, decisions regarding minimum 289
wage, living wage and other employee benefit policies must be made 290
by the state as provided in Section 25-3-40, so that consistency 291
in the wage market is preserved. 292
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SECTION 9. Section 23-15-239, Mississippi Code of 1972, is 293
brought forward as follows: 294
23-15-239. (1) The executive committee of each county, in 295
the case of a primary election, or the election commissioners of 296
each county, in the case of all other elections, in conjunction 297
with the circuit clerk, shall, in the years in which counties 298
conduct an election, sponsor and conduct, not less than five (5) 299
days before each election, not less than four (4) hours and not 300
more than eight (8) hours of poll manager training to instruct 301
poll managers as to their duties in the proper administration of 302
the election and the operation of the polling place. Any poll 303
manager who completes the online training course provided by the 304
Secretary of State shall only be required to complete two (2) 305
hours of in-person poll manager training. No poll manager shall 306
serve in any election unless he or she has received these 307
instructions once during the twelve (12) months immediately 308
preceding the date upon which the election is held; however, 309
nothing in this section shall prevent the appointment of an 310
alternate poll manager to fill a vacancy in case of an emergency. 311
The county executive committee or the election commissioners, as 312
appropriate, shall train a sufficient number of alternates to 313
serve in the event a poll manager is unable to serve for any 314
reason. 315
(2) (a) If it is eligible under Section 23-15-266, the 316
county executive committee may enter into a written agreement with 317
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the circuit clerk or the county election commission authorizing 318
the circuit clerk or the county election commission to perform any 319
of the duties required of the county executive committee pursuant 320
to this section. Any agreement entered into pursuant to this 321
subsection shall be signed by the chair of the county executive 322
committee and the circuit clerk or the chair of the county 323
election commission, as appropriate. The county executive 324
committee shall notify the state executive committee and the 325
Secretary of State of the existence of the agreement. 326
(b) If it is eligible under Section 23-15-266, the 327
municipal executive committee may enter into a written agreement 328
with the municipal clerk or the municipal election commission 329
authorizing the municipal clerk or the municipal election 330
commission to perform any of the duties required of the municipal 331
executive committee pursuant to this section. Any agreement 332
entered into pursuant to this subsection shall be signed by the 333
chair of the municipal executive committee and the municipal clerk 334
or the chair of the municipal election commission, as appropriate. 335
The municipal executive committee shall notify the state executive 336
committee and the Secretary of State of the existence of the 337
agreement. 338
(3) The board of supervisors and the municipal governing 339
authority, in their discretion, may compensate poll managers who 340
attend these training sessions. The compensation shall be at a 341
rate of not less than the federal hourly minimum wage and not more 342
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than Twenty Dollars ($20.00) per hour. Poll managers shall not be 343
compensated for more than sixteen (16) hours of attendance at the 344
training sessions regardless of the actual amount of time that 345
they attended the training sessions. 346
(4) The time and location of the training sessions required 347
pursuant to this section shall be announced to the general public 348
by posting a notice thereof at the courthouse and by delivering a 349
copy of the notice to the office of a newspaper having general 350
circulation in the county five (5) days before the date upon which 351
the training session is to be conducted. Persons who will serve 352
as poll watchers for candidates and political parties, as well as 353
members of the general public, shall be allowed to attend the 354
sessions. 355
(5) Subject to the following annual limitations, the 356
election commissioners shall be entitled to receive a per diem in 357
the amount of One Hundred Ten Dollars ($110.00), to be paid from 358
the county general fund, for every day or period of no less than 359
five (5) hours accumulated over two (2) or more days actually 360
employed in the performance of their duties for the necessary time 361
spent in conducting training sessions as required by this section: 362
(a) In counties having less than fifteen thousand 363
(15,000) residents according to the latest federal decennial 364
census, not more than five (5) days per year; 365
(b) In counties having fifteen thousand (15,000) 366
residents according to the latest federal decennial census but 367
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less than thirty thousand (30,000) residents according to the 368
latest federal decennial census, not more than eight (8) days per 369
year; 370
(c) In counties having thirty thousand (30,000) 371
residents according to the latest federal decennial census but 372
less than seventy thousand (70,000) residents according to the 373
latest federal decennial census, not more than ten (10) days per 374
year; 375
(d) In counties having seventy thousand (70,000) 376
residents according to the latest federal decennial census but 377
less than ninety thousand (90,000) residents according to the 378
latest federal decennial census, not more than twelve (12) days 379
per year; 380
(e) In counties having ninety thousand (90,000) 381
residents according to the latest federal decennial census but 382
less than one hundred seventy thousand (170,000) residents 383
according to the latest federal decennial census, not more than 384
fifteen (15) days per year; 385
(f) In counties having one hundred seventy thousand 386
(170,000) residents according to the latest federal decennial 387
census but less than two hundred thousand (200,000) residents 388
according to the latest federal decennial census, not more than 389
eighteen (18) days per year; 390
(g) In counties having two hundred thousand (200,000) 391
residents according to the latest federal decennial census but 392
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less than two hundred twenty-five thousand (225,000) residents 393
according to the latest federal decennial census, not more than 394
nineteen (19) days per year; 395
(h) In counties having two hundred twenty-five thousand 396
(225,000) residents or more according to the latest federal 397
decennial census, not more than twenty-two (22) days per year. 398
(6) Election commissioners shall claim the per diem 399
authorized in subsection (5) of this section in the manner 400
provided for in Section 23-15-153(6). 401
(7) (a) To provide poll manager training, the Secretary of 402
State has developed a single, comprehensive poll manager training 403
program to ensure uniform, secure elections throughout the state. 404
The program includes online training on all state and federal 405
election laws and procedures and voting machine opening and 406
closing procedures. 407
(b) County poll managers who individually access and 408
complete the online training program, including all skills 409
assessments, at least five (5) days before an election shall be 410
defined as "certified poll managers," and entitled to a 411
"Certificate of Completion." 412
(c) At least one (1) certified poll manager shall be 413
appointed by the county election officials to work in each polling 414
place in the county during each general election. 415
SECTION 10. Section 25-3-40, Mississippi Code of 1972, is 416
brought forward as follows: 417
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25-3-40. On July 1, 1978, and each year thereafter, the 418
Mississippi Compensation Plan shall be amended to provide salary 419
increases in such amounts and percentages as might be recommended 420
by the Legislative Budget Office and as may be authorized by funds 421
appropriated by the Legislature for the purpose of granting 422
incentive salary increases as deemed possible dependent upon the 423
availability of general and special funds. 424
It is hereby declared to be the intent of the Mississippi 425
Legislature to implement the minimum wage as enacted by statutory 426
law of the United States Congress subject to funds being available 427
for that purpose. It is the intent and purpose of this section to 428
maximize annual salary increases consistent with the availability 429
of funds as might be determined by the Mississippi Legislature at 430
its regular annual session and that all salary increases hereafter 431
be made consistent with the provisions of this section. 432
SECTION 11. Section 37-7-307, Mississippi Code of 1972, is 433
brought forward as follows: 434
37-7-307. (1) For purposes of this section, the term 435
"licensed employee" means any employee of a public school district 436
required to hold a valid license by the Commission on Teacher and 437
Administrator Education, Certification and Licensure and 438
Development. 439
(2) The school board of a school district shall establish by 440
rules and regulations a policy of sick leave with pay for licensed 441
employees and teacher assistants employed in the school district, 442
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and such policy shall include the following minimum provisions for 443
sick and emergency leave with pay: 444
(a) Each licensed employee and teacher assistant, at 445
the beginning of each school year, shall be credited with a 446
minimum sick leave allowance, with pay, of seven (7) days for 447
absences caused by illness or physical disability of the employee 448
during that school year. 449
(b) Any unused portion of the total sick leave 450
allowance shall be carried over to the next school year and 451
credited to such licensed employee and teacher assistant if the 452
licensed employee or teacher assistant remains employed in the 453
same school district. In the event any public school licensed 454
employee or teacher assistant transfers from one public school 455
district in Mississippi to another, any unused portion of the 456
total sick leave allowance credited to such licensed employee or 457
teacher assistant shall be credited to such licensed employee or 458
teacher assistant in the computation of unused leave for 459
retirement purposes under Section 25-11-109. Accumulation of sick 460
leave allowed under this section shall be unlimited. 461
(c) No deduction from the pay of such licensed employee 462
or teacher assistant may be made because of absence of such 463
licensed employee or teacher assistant caused by illness or 464
physical disability of the licensed employee or teacher assistant 465
until after all sick leave allowance credited to such licensed 466
employee or teacher assistant has been used. 467
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(d) For the first ten (10) days of absence of a 468
licensed employee because of illness or physical disability, in 469
any school year, in excess of the sick leave allowance credited to 470
such licensed employee, there shall be deducted from the pay of 471
such licensed employee the established substitute amount of 472
licensed employee compensation paid in that local school district, 473
necessitated because of the absence of the licensed employee as a 474
result of illness or physical disability. In lieu of deducting 475
the established substitute amount from the pay of such licensed 476
employee, the policy may allow the licensed employee to receive 477
full pay for the first ten (10) days of absence because of illness 478
or physical disability, in any school year, in excess of the sick 479
leave allowance credited to such licensed employee. Thereafter, 480
the regular pay of such absent licensed employee shall be 481
suspended and withheld in its entirety for any period of absence 482
because of illness or physical disability during that school year. 483
(3) (a) Beginning with the school year 1983-1984, each 484
licensed employee at the beginning of each school year shall be 485
credited with a minimum personal leave allowance, with pay, of two 486
(2) days for absences caused by personal reasons during that 487
school year. Effective for the 2010-2011 and 2011-2012 school 488
years, licensed employees shall be credited with an additional 489
one-half (1/2) day of personal leave for every day the licensed 490
employee is furloughed without pay as provided in Section 491
37-7-308. Except as otherwise provided in paragraph (b) of this 492
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subsection, such personal leave shall not be taken on the first 493
day of the school term, the last day of the school term, on a day 494
previous to a holiday or a day after a holiday. Personal leave 495
may be used for professional purposes, including absences caused 496
by attendance of such licensed employee at a seminar, class, 497
training program, professional association or other functions 498
designed for educators. No deduction from the pay of such 499
licensed employee may be made because of absence of such licensed 500
employee caused by personal reasons until after all personal leave 501
allowance credited to such licensed employee has been used. 502
However, the superintendent of a school district, in his 503
discretion, may allow a licensed employee personal leave in 504
addition to any minimum personal leave allowance, under the 505
condition that there shall be deducted from the salary of such 506
licensed employee the actual amount of any compensation paid to 507
any person as a substitute, necessitated because of the absence of 508
the licensed employee. Any unused portion of the total personal 509
leave allowance up to five (5) days shall be carried over to the 510
next school year and credited to such licensed employee if the 511
licensed employee remains employed in the same school district. 512
Any personal leave allowed for a furlough day shall not be carried 513
over to the next school year. 514
(b) Notwithstanding the restrictions on the use of 515
personal leave prescribed under paragraph (a) of this subsection, 516
a licensed employee may use personal leave as follows: 517
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(i) Personal leave may be taken on the first day 518
of the school term, the last day of the school term, on a day 519
previous to a holiday or a day after a holiday if, on the 520
applicable day, an immediate family member of the employee is 521
being deployed for military service. 522
(ii) Personal leave may be taken on a day previous 523
to a holiday or a day after a holiday if an employee of a school 524
district has either a minimum of ten (10) years' experience as an 525
employee of that school district or a minimum of thirty (30) days 526
of unused accumulated leave that has been earned while employed in 527
that school district. 528
(iii) Personal leave may be taken on the first day 529
of the school term, the last day of the school term, on a day 530
previous to a holiday or a day after a holiday if, on the 531
applicable day, the employee has been summoned to appear for jury 532
duty or as a witness in court. 533
(iv) Personal leave may be taken on the first day 534
of the school term, the last day of the school term, on a day 535
previous to a holiday or a day after a holiday if, on the 536
applicable day, an immediate family member of the employee dies or 537
funeral services are held. Any day of the three (3) bereavement 538
days may be used at the discretion of the teacher, and are not 539
required to be taken in consecutive succession. 540
For the purpose of this subsection (3), the term "immediate 541
family member" means spouse, parent, stepparent, child or 542
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stepchild, grandparent or sibling, including a stepbrother or 543
stepsister. 544
(4) Beginning with the school year 1992-1993, each licensed 545
employee shall be credited with a professional leave allowance, 546
with pay, for each day of absence caused by reason of such 547
employee's statutorily required membership and attendance at a 548
regular or special meeting held within the State of Mississippi of 549
the State Board of Education, the Commission on Teacher and 550
Administrator Education, Certification and Licensure and 551
Development, the Commission on School Accreditation, the 552
Mississippi Authority for Educational Television, the meetings of 553
the state textbook rating committees or other meetings authorized 554
by local school board policy. 555
(5) Upon retirement from employment, each licensed and 556
nonlicensed employee shall be paid for not more than thirty (30) 557
days of unused accumulated leave earned while employed by the 558
school district in which the employee is last employed. Such 559
payment for licensed employees shall be made by the school 560
district at a rate equal to the amount paid to substitute teachers 561
and for nonlicensed employees, the payment shall be made by the 562
school district at a rate equal to the federal minimum wage. The 563
payment shall be treated in the same manner for retirement 564
purposes as a lump-sum payment for personal leave as provided in 565
Section 25-11-103(f). Any remaining lawfully credited unused 566
leave, for which payment has not been made, shall be certified to 567
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the Public Employees' Retirement System in the same manner and 568
subject to the same limitations as otherwise provided by law for 569
unused leave. No payment for unused accumulated leave may be made 570
to either a licensed or nonlicensed employee at termination or 571
separation from service for any purpose other than for the purpose 572
of retirement. 573
(6) The school board may adopt rules and regulations which 574
will reasonably aid to implement the policy of sick and personal 575
leave, including, but not limited to, rules and regulations having 576
the following general effect: 577
(a) Requiring the absent employee to furnish the 578
certificate of a physician or dentist or other medical 579
practitioner as to the illness of the absent licensed employee, 580
where the absence is for four (4) or more consecutive school days, 581
or for two (2) consecutive school days immediately preceding or 582
following a nonschool day; 583
(b) Providing penalties, by way of full deduction from 584
salary, or entry on the work record of the employee, or other 585
appropriate penalties, for any materially false statement by the 586
employee as to the cause of absence; 587
(c) Forfeiture of accumulated or future sick leave, if 588
the absence of the employee is caused by optional dental or 589
medical treatment or surgery which could, without medical risk, 590
have been provided, furnished or performed at a time when school 591
was not in session; 592
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(d) Enlarging, increasing or providing greater sick or 593
personal leave allowances than the minimum standards established 594
by this section in the discretion of the school board of each 595
school district. 596
(7) School boards may include in their budgets provisions 597
for the payment of substitute employees, necessitated because of 598
the absence of regular licensed employees. All such substitute 599
employees shall be paid wholly from district funds. Such school 600
boards, in their discretion, also may pay, from district funds 601
other than the total funding formula funds provided for in 602
Sections 37-151-200 through 37-151-215, the whole or any part of 603
the salaries of all employees granted leaves for the purpose of 604
special studies or training. 605
(8) The school board may further adopt rules and regulations 606
which will reasonably implement such leave policies for all other 607
nonlicensed and hourly paid school employees as the board deems 608
appropriate. Effective for the 2010-2011 and 2011-2012 school 609
years, nonlicensed employees shall be credited with an additional 610
one-half (1/2) day of personal leave for every day the nonlicensed 611
employee is furloughed without pay as provided in Section 612
37-7-308. 613
(9) Vacation leave granted to either licensed or nonlicensed 614
employees shall be synonymous with personal leave. Unused 615
vacation or personal leave accumulated by licensed employees in 616
excess of the maximum five (5) days which may be carried over from 617
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one year to the next may be converted to sick leave. The annual 618
conversion of unused vacation or personal leave to sick days for 619
licensed or unlicensed employees shall not exceed the allowable 620
number of personal leave days as provided in Section 25-3-93. The 621
annual total number of converted unused vacation and/or personal 622
days added to the annual unused sick days for any employee shall 623
not exceed the combined allowable number of days per year provided 624
in Sections 25-3-93 and 25-3-95. Local school board policies that 625
provide for vacation, personal and sick leave for employees shall 626
not exceed the provisions for leave as provided in Sections 627
25-3-93 and 25-3-95. Any personal or vacation leave previously 628
converted to sick leave under a lawfully adopted policy before May 629
1, 2004, or such personal or vacation leave accumulated and 630
available for use prior to May 1, 2004, under a lawfully adopted 631
policy but converted to sick leave after May 1, 2004, shall be 632
recognized as accrued leave by the local school district and 633
available for use by the employee. The leave converted under a 634
lawfully adopted policy prior to May 1, 2004, or such personal and 635
vacation leave accumulated and available for use as of May 1, 636
2004, which was subsequently converted to sick leave may be 637
certified to the Public Employees' Retirement System upon 638
termination of employment and any such leave previously converted 639
and certified to the Public Employees' Retirement System shall be 640
recognized. 641
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(10) (a) For the purposes of this subsection, the following 642
words and phrases shall have the meaning ascribed in this 643
paragraph unless the context requires otherwise: 644
(i) "Catastrophic injury or illness" means a 645
life-threatening injury or illness of an employee or a member of 646
an employee's immediate family that totally incapacitates the 647
employee from work, as verified by a licensed physician, and 648
forces the employee to exhaust all leave time earned by that 649
employee, resulting in the loss of compensation from the local 650
school district for the employee. Conditions that are short-term 651
in nature, including, but not limited to, common illnesses such as 652
influenza and the measles, and common injuries, are not 653
catastrophic. Chronic illnesses or injuries, such as cancer or 654
major surgery, that result in intermittent absences from work and 655
that are long-term in nature and require long recuperation periods 656
may be considered catastrophic. 657
(ii) "Immediate family" means spouse, parent, 658
stepparent, sibling, child or stepchild, grandparent, stepbrother 659
or stepsister. 660
(b) Any school district employee may donate a portion 661
of his or her unused accumulated personal leave or sick leave to 662
another employee of the same school district who is suffering from 663
a catastrophic injury or illness or who has a member of his or her 664
immediate family suffering from a catastrophic injury or illness, 665
in accordance with the following: 666
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(i) The employee donating the leave (the "donor 667
employee") shall designate the employee who is to receive the 668
leave (the "recipient employee") and the amount of unused 669
accumulated personal leave and sick leave that is to be donated, 670
and shall notify the school district superintendent or his 671
designee of his or her designation. 672
(ii) The maximum amount of unused accumulated 673
personal leave that an employee may donate to any other employee 674
may not exceed a number of days that would leave the donor 675
employee with fewer than seven (7) days of personal leave 676
remaining, and the maximum amount of unused accumulated sick leave 677
that an employee may donate to any other employee may not exceed 678
fifty percent (50%) of the unused accumulated sick leave of the 679
donor employee. 680
(iii) An employee must have exhausted all of his 681
or her available leave before he or she will be eligible to 682
receive any leave donated by another employee. Eligibility for 683
donated leave shall be based upon review and approval by the donor 684
employee's supervisor. 685
(iv) Before an employee may receive donated leave, 686
he or she must provide the school district superintendent or his 687
designee with a physician's statement that states that the illness 688
meets the catastrophic criteria established under this section, 689
the beginning date of the catastrophic injury or illness, a 690
description of the injury or illness, and a prognosis for recovery 691
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and the anticipated date that the recipient employee will be able 692
to return to work. 693
(v) Before an employee may receive donated leave, 694
the superintendent of education of the school district shall 695
appoint a review committee to approve or disapprove the said 696
donations of leave, including the determination that the illness 697
is catastrophic within the meaning of this section. 698
(vi) If the total amount of leave that is donated 699
to any employee is not used by the recipient employee, the whole 700
days of donated leave shall be returned to the donor employees on 701
a pro rata basis, based on the ratio of the number of days of 702
leave donated by each donor employee to the total number of days 703
of leave donated by all donor employees. 704
(vii) Donated leave shall not be used in lieu of 705
disability retirement. 706
(11) Effective January 1, 2020, the provisions of this 707
section shall be fully applicable to any licensed employee of the 708
Mississippi School of the Arts (MSA). 709
SECTION 12. Section 57-34-5, Mississippi Code of 1972, is 710
brought forward as follows: 711
57-34-5. Definitions. As used in this chapter, the 712
following words and phrases shall have the meanings ascribed to 713
them in this section, unless the context clearly indicates a 714
different meaning: 715
(a) "Act" means the provisions of this chapter. 716
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(b) "Authority" means the Alabama-Mississippi Joint 717
Economic Development Authority created pursuant to this chapter. 718
(c) "Board of directors" means the board of directors 719
of the authority. 720
(d) "Designated geographic area" means: 721
(i) Those counties in the State of Alabama that 722
share a common border with any county in the State of Mississippi; 723
and 724
(ii) Those counties in the State of Mississippi 725
that share a common border with any county in the State of 726
Alabama. 727
(e) "Herein," "hereby," "hereunder," "hereof" and other 728
equivalent words refer to this chapter as an entirety and not 729
solely to the particular section or portion thereof in which any 730
such word is used. 731
(f) "Project" means: 732
(i) Any industrial, commercial, research and 733
development, warehousing, distribution, transportation, 734
processing, mining, United States government or tourism enterprise 735
together with all real property required for construction, 736
maintenance and operation of the enterprise: 737
1. With an initial capital investment of not 738
less than Three Hundred Million Dollars ($300,000,000.00) from 739
private or United States government sources together with all 740
buildings, and other supporting land and facilities, structures or 741
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improvements of whatever kind required or useful for construction, 742
maintenance and operation of the enterprise; or 743
2. With an initial capital investment of not 744
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 745
private or United States government sources together with all 746
buildings and other supporting land and facilities, structures or 747
improvements of whatever kind required or useful for construction, 748
maintenance and operation of the enterprise and which creates at 749
least one thousand (1,000) net new full-time jobs; or 750
3. Which creates at least one thousand 751
(1,000) net new full-time jobs which provide an average hourly 752
wage of not less than two hundred percent (200%) of the federal 753
minimum wage in effect on the date the project is placed in 754
service. 755
(ii) Any addition to, or expansion of, any 756
existing enterprise as described in this paragraph if the addition 757
or expansion: 758
1. Has an initial capital investment of not 759
less than Three Hundred Million Dollars ($300,000,000.00) from 760
private or United States government sources; 761
2. Has an initial capital investment of not 762
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 763
private or United States government sources together with all 764
buildings and other supporting land and facilities, structures or 765
improvements of whatever kind required or useful for construction, 766
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maintenance and operation of the enterprise and which creates at 767
least one thousand (1,000) net new full-time jobs; or 768
3. Creates at least one thousand (1,000) net 769
new full-time jobs which provide an average hourly wage of not 770
less than two hundred percent (200%) of the federal minimum wage 771
in effect on the date the project is placed in service. 772
(iii) Any development with an initial capital 773
investment from private sources of not less than Seven Hundred 774
Fifty Million Dollars ($750,000,000.00) which will create at least 775
three thousand (3,000) net new full-time jobs satisfying criteria 776
to be established by the authority. 777
In addition to meeting the other requirements of this 778
paragraph, in order to fall within the definition of the term 779
"project": 780
(i) The enterprise or development must be located 781
within the designated geographic area; and 782
(ii) Each state must provide funds or in-kind 783
contributions equal to at least one-third (1/3) of the total costs 784
of the project to the states. 785
(g) "Project agreement" means an agreement, approved by 786
the Legislature of the states, setting forth certain obligations, 787
responsibilities, benefits, administrative matters and any other 788
matters with respect to a specific project that are not 789
inconsistent with the terms of this chapter as the legislatures of 790
the states deem appropriate with respect to a specific project. 791
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(h) "Project tax revenues" means: 792
(i) All of the following state and local taxes 793
paid directly to a state or a local government by the project: 794
income taxes, ad valorem taxes on real and personal property, 795
sales and use taxes, franchise taxes, license taxes, excise taxes 796
and severance taxes; and 797
(ii) All state and local personal income tax and 798
occupational tax withholdings from employees of the project 799
attributable to employment at the project. 800
(i) "States" means the State of Alabama and the State 801
of Mississippi collectively. 802
SECTION 13. Section 85-3-4, Mississippi Code of 1972, is 803
brought forward as follows: 804
85-3-4. (1) The wages, salaries or other compensation of 805
laborers or employees, residents of this state, shall be exempt 806
from seizure under attachment, execution or garnishment for a 807
period of thirty (30) days from the date of service of any writ of 808
attachment, execution or garnishment. 809
(2) After the passage of the period of thirty (30) days 810
described in subsection (1) of this section, the maximum part of 811
the aggregate disposable earnings (as defined by Section 1672(b) 812
of Title 15, USCS) of an individual that may be levied by 813
attachment, execution or garnishment shall be: 814
(a) In the case of earnings for any workweek, the 815
lesser amount of either, 816
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(i) Twenty-five percent (25%) of his disposable 817
earnings for that week, or 818
(ii) The amount by which his disposable earnings 819
for that week exceed thirty (30) times the federal minimum hourly 820
wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 821
effect at the time the earnings are payable; or 822
(b) In the case of earnings for any period other than a 823
week, the amount by which his disposable earnings exceed the 824
following "multiple" of the federal minimum hourly wage which is 825
equivalent in effect to that set forth in paragraph (a)(ii) of 826
this subsection (2): The number of workweeks, or fractions 827
thereof multiplied by thirty (30) multiplied by the applicable 828
federal minimum wage. 829
(3) (a) The restrictions of subsections (1) and (2) of this 830
section do not apply in the case of: 831
(i) Any order for the support of any person issued 832
by a court of competent jurisdiction or in accordance with an 833
administrative procedure, which is established by state law, which 834
affords substantial due process, and which is subject to judicial 835
review. 836
(ii) Any debt due for any state or local tax. 837
(b) Except as provided in subparagraph (b) (iii) of 838
this subsection (3), the maximum part of the aggregate disposable 839
earnings of an individual for any workweek which is subject to 840
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garnishment to enforce any order for the support of any person 841
shall not exceed: 842
(i) Where such individual is supporting his spouse 843
or dependent child (other than a spouse or child with respect to 844
whose support such order is used), fifty percent (50%) of such 845
individual's disposable earnings for that week; and 846
(ii) Where such individual is not supporting such 847
a spouse or dependent child described in subparagraph (b) (i) of 848
this subsection (3), sixty percent (60%) of such individual's 849
disposable earnings for that week; 850
(iii) With respect to the disposable earnings of 851
any individual for that workweek, the fifty percent (50%) 852
specified in subparagraph (b) (i) of this subsection (3) shall be 853
deemed to be fifty-five percent (55%) and the sixty percent (60%) 854
specified in subparagraph (b) (ii) of this subsection (3) shall be 855
deemed to be sixty-five percent (65%), if and to the extent that 856
such earnings are subject to garnishment to enforce a support 857
order with respect to a period which is prior to the period of 858
twelve (12) weeks which ends with the beginning of such workweek. 859
SECTION 14. Section 97-3-54.4, Mississippi Code of 1972, is 860
brought forward as follows: 861
97-3-54.4. For the purposes of the Mississippi Human 862
Trafficking Act the following words and phrases shall have the 863
meanings ascribed herein unless the context clearly requires 864
otherwise: 865
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(a) "Act" or "this act" means the Mississippi Human 866
Trafficking Act. 867
(b) "Actor" means a person who violates any of the 868
provisions of Sections 97-3-54 through 97-3-54.4. 869
(c) "Blackmail" means obtaining property or things of 870
value of another by threatening to (i) inflict bodily injury on 871
anyone; or (ii) commit any other criminal offense. 872
(d) "Coerce" or "coercion" means: 873
(i) Causing or threatening to cause bodily harm to 874
any person, physically restraining or confining any person, or 875
threatening to physically restrain or confine any person; 876
(ii) Exposing or threatening to expose any fact or 877
information or disseminating or threatening to disseminate any 878
fact or information that would tend to subject a person to 879
criminal or immigration proceedings, hatred, contempt or ridicule; 880
(iii) Destroying, concealing, removing, 881
confiscating or possessing any actual or purported passport or 882
other immigration document, or any other actual or purported 883
government identification document of any person; 884
(iv) Providing a controlled substance to a person 885
for the purpose of compelling the person to engage in labor or 886
sexual servitude against the person's will; 887
(v) Causing or threatening to cause financial harm 888
to any person or using financial control over any person; 889
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(vi) Abusing or threatening to abuse a position of 890
power, the law, or legal process; 891
(vii) Using blackmail; 892
(viii) Using an individual's personal services as 893
payment or satisfaction of a real or purported debt when: 1. the 894
reasonable value of the services is not applied toward the 895
liquidation of the debt; 2. the length of the services is not 896
limited and the nature of the services is not defined; 3. the 897
principal amount of the debt does not reasonably reflect the value 898
of the items or services for which the debt is incurred; or 4. the 899
individual is prevented from acquiring accurate and timely 900
information about the disposition of the debt; or 901
(ix) Using any scheme, plan or pattern of conduct 902
intended to cause any person to believe that, if the person did 903
not perform the labor or services, that the person or another 904
person would suffer serious harm or physical restraint. 905
(e) "Commercial sexual activity" means any sex act on 906
account of which anything of value is given to, promised to, or 907
received by any person. 908
(f) "Enterprise" means any individual, sole 909
proprietorship, partnership, corporation, union or other legal 910
entity, or any association or group of individuals associated in 911
fact regardless of whether a legal entity has been formed pursuant 912
to any state, federal or territorial law. It includes illicit as 913
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well as licit enterprises and governmental as well as other 914
entities. 915
(g) "Financial harm" includes, but is not limited to, 916
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 917
or violation of the usury law as defined by Title 75, Chapter 17, 918
Mississippi Code of 1972. 919
(h) "Forced labor or services" means labor or services 920
that are performed or provided by another person and are obtained 921
or maintained through coercion. 922
(i) "Labor" means work of economic or financial value. 923
(j) "Maintain" means, in relation to labor or services, 924
to secure continued performance thereof, regardless of any initial 925
agreement on the part of the trafficked person to perform such 926
labor or service. 927
(k) "Minor" means a person under the age of eighteen 928
(18) years. 929
(l) "Obtain" means, in relation to labor or services, 930
to secure performance thereof. 931
(m) "Pecuniary damages" means any of the following: 932
(i) The greater of the gross income or value to 933
the defendant of the victim's labor or services, including sexual 934
services, not reduced by the expense the defendant incurred as a 935
result of maintaining the victim, or the value of the victim's 936
labor or services calculated under the minimum wage and overtime 937
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provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 938
seq., whichever is higher; 939
(ii) If it is not possible or in the best interest 940
of the victim to compute a value under subparagraph (i) of this 941
paragraph (m), the equivalent of the value of the victim's labor 942
or services if the victim had provided labor or services that were 943
subject to the minimum wage and overtime provisions of the Fair 944
Labor Standards Act, 29 USCS 201 et seq.; 945
(iii) Costs and expenses incurred by the victim as 946
a result of the offense for: 947
1. Medical services; 948
2. Therapy or psychological counseling; 949
3. Temporary housing; 950
4. Transportation; 951
5. Childcare; 952
6. Physical and occupational therapy or 953
rehabilitation; 954
7. Funeral, interment, and burial services; 955
reasonable attorney's fees and other legal costs; and 956
8. Other expenses incurred by the victim. 957
(n) "Serious harm" means harm, whether physical or 958
nonphysical, including psychological, economic or reputational, to 959
an individual that would compel a reasonable person in similar 960
circumstances as the individual to perform or continue to perform 961
labor or services to avoid incurring the harm. 962
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(o) "Services" means an ongoing relationship between a 963
person and the actor in which the person performs activities under 964
the supervision of or for the benefit of the actor or a third 965
party and includes, without limitation, commercial sexual 966
activity, sexually explicit performances, or the production of 967
sexually explicit materials. 968
(p) "Sexually explicit performance" means a live or 969
public act or show intended to arouse or satisfy the sexual 970
desires or appeal to the prurient interests of patrons. 971
(q) "Trafficked person" means a person subjected to the 972
practices prohibited by this act regardless of whether a 973
perpetrator is identified, apprehended, prosecuted or convicted, 974
and is a term used interchangeably with the terms "victim," 975
"victim of trafficking" and "trafficking victim." 976
(r) "Venture" means any group of two (2) or more 977
individuals associated in fact, whether or not a legal entity. 978
(s) "Sexually oriented material" shall have the meaning 979
ascribed in Section 97-5-27, Mississippi Code of 1972. 980
SECTION 15. Section 99-19-20, Mississippi Code of 1972, is 981
brought forward as follows: 982
99-19-20. (1) Except as otherwise provided under Section 983
99-19-20.1, when any court sentences a defendant to pay a fine, 984
the court may order (a) that the fine be paid immediately, or (b) 985
that the fine be paid in installments to the clerk of the court or 986
to the judge, if there be no clerk, or (c) that payment of the 987
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fine be a condition of probation, or (d) that the defendant be 988
required to work on public property for public benefit under the 989
direction of the sheriff for a specific number of hours, or (e) 990
any combination of the above. 991
(2) Except as otherwise provided under Section 99-19-20.1, 992
the defendant may be imprisoned until the fine is paid if the 993
defendant is financially able to pay a fine and the court so 994
finds, subject to the limitations provided under this section. 995
The defendant shall not be imprisoned if the defendant is 996
financially unable to pay a fine and so states to the court in 997
writing, under oath, after sentence is pronounced, and the court 998
so finds, except if the defendant is financially unable to pay a 999
fine and such defendant failed or refused to comply with a prior 1000
sentence as specified in subsection (1) of this section, the 1001
defendant may be imprisoned. 1002
This subsection shall be limited as follows: 1003
(a) In no event shall such period of imprisonment 1004
exceed one (1) day for each One Hundred Dollars ($100.00) of the 1005
fine. 1006
(b) If a sentence of imprisonment, as well as a fine, 1007
were imposed, the aggregate of such term for nonpayment of a fine 1008
and the original sentence of imprisonment shall not exceed the 1009
maximum authorized term of imprisonment. 1010
(c) It shall be in the discretion of the judge to 1011
determine the rate of the credit to be earned for work performed 1012
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ST: One Fair Wage Act; create.
under subsection (1)(d), but the rate shall be no lower than the 1013
rate of the highest current federal minimum wage. 1014
(3) Periods of confinement imposed for nonpayment of two (2) 1015
or more fines shall run consecutively unless specified by the 1016
court to run concurrently. 1017
SECTION 16. This act shall take effect and be in force from 1018
and after July 1, 2026. 1019