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

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

By: Representative Brown

HOUSE BILL NO. 880

AN ACT TO CREATE THE "MISSISSIPPI MINIMUM WAGE LAW"; TO 1
ESTABLISH THE STATE MINIMUM WAGE FOR CITY, COUNTY AND STATE 2
EMPLOYEES AT $10.00 PER HOUR; TO PROVIDE THAT EMPLOYERS WITH 3
TIPPED EMPLOYEES ARE EXEMPT FROM THE REQUIREMENT TO PAY THE STATE 4
MINIMUM WAGE; TO ESTABLISH GUIDELINES FOR EMPLOYEES ENTITLED TO 5
OVERTIME PAY; TO BRING FORWARD SECTIONS 7-7-204, 17-1-51, 6
23-15-239, 25-3-40, 37-7-307, 57-34-5 AND 99-19-20, MISSISSIPPI 7
CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND 8
SECTIONS 85-3-4 AND 97-3-54.4, MISSISSIPPI CODE OF 1972, WHICH ARE 9
INCLUDED FOR PURPOSES OF POSSIBLE AMENDMENT, TO MAKE 10
NONSUBSTANTIVE GRAMMATICAL CORRECTIONS; AND FOR RELATED PURPOSES. 11
WHEREAS, according to the National Conference of State 12
Legislatures, thirty-four (34) states and Washington D.C. have 13
minimum wages above the federal minimum wage of Seven Dollars 14
Twenty-five Cents ($7.25) per hour, and five (5) states, including 15
Mississippi, have not adopted a minimum wage, which means the 16
federal wage applies; and 17
WHEREAS, in 2025, the Federal Poverty Level for an individual 18
person was Fifteen Thousand Six Hundred Fifty Dollars 19
($15,650.00), meaning that every minimum wage earner in 20
Mississippi is paid Five Hundred Seventy Dollars (570.00) less 21
than the Federal Poverty Level; and 22
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WHEREAS, according to the Urban Institute, if a higher 23
minimum wage was adopted, the annual family earnings of 24
approximately 56 million affected workers nationwide would rise, 25
with Hispanic workers seeing the largest increases in earnings and 26
reductions in poverty, and certain states also would see the 27
largest reductions in poverty in the country, including 28
Mississippi, which would see an estimated 2.8 percentage point 29
reduction; and 30
WHEREAS, an increase in the minimum wage in Mississippi would 31
not only lay the foundation of a strong society and allow 32
Mississippians to flourish, but the increase also would lift an 33
estimated 2.8 percent of people out of poverty in the state, which 34
currently is ranked 50th in official poverty rate based on data 35
collected from the United States Census Bureau; NOW, THEREFORE, 36
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 37
SECTION 1. This act shall be known and may be cited as the 38
"Mississippi Minimum Wage Law." 39
SECTION 2. (1) As used in this section, the following words 40
and phrases have the following meanings, unless the context 41
clearly requires otherwise: 42
(a) "Tipped employee" means an employee engaged in an 43
occupation in which the employee customarily and regularly 44
receives more than Thirty Dollars ($30.00) a month in tips. 45
(b) "Manual laborers" and "blue collar workers" mean 46
workers who perform work involving repetitive operations with 47
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their hands, physical skill and energy, who they gain the skills 48
and knowledge required for performance of their routine manual and 49
physical work through apprenticeships and on-the-job training. 50
(2) Every city and county and the State of Mississippi, in 51
their role as employers, shall pay each of its employees wages at 52
the rate of not less than Ten Dollars($10.00) per hour, except as 53
otherwise provided in this section. 54
(3) Every city and county and the State of Mississippi, in 55
their role as employers, shall pay each of its tipped employees 56
wages at the rate of not less than Three Dollars Sixty-two Cents 57
($3.62) per hour. 58
(4) Overtime must be compensated at a rate not less than one 59
and one-half (1-1/2) times the regular rate at which the employee 60
is actually employed. The regular rate of pay at which the 61
employee is employed may in no event be less than the statutory 62
minimum wage rate established in this section. All employees who 63
receive Four Hundred Fifty-five Dollars ($455.00) or less per 64
week, or equivalent amounts for periods of pay longer than one (1) 65
week, are entitled to receive overtime pay. Additionally, the 66
following people are not exempt from receiving overtime pay, 67
regardless of their salary: 68
(a) Manual laborers or other blue collar workers; 69
(b) Police officers, detectives, deputy sheriffs, state 70
troopers, highway patrol officers, investigators, inspectors, 71
correctional officers, parole or probation officers, park rangers, 72
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firefighters, paramedics, emergency medical technicians, ambulance 73
personnel, rescue workers, hazardous materials workers and similar 74
employees who perform work such as: preventing, controlling or 75
extinguishing fires of any type; rescuing fire, crime or accident 76
victims; preventing or detecting crimes; conducting investigations 77
or inspections for violations of law; performing surveillance; 78
pursuing, restraining and apprehending suspects; detaining or 79
supervising suspected and convicted criminals, including those on 80
probation or parole; interviewing witnesses; interrogating and 81
fingerprinting suspects; preparing investigative reports; or other 82
similar work; 83
(c) An employee whose primary duty is not management of 84
the entity in which the employee is employed; 85
(d) An employee whose primary duty is not the 86
performance of work directly related to the management or general 87
business operations of the employer or the employer's customers; 88
and 89
(e) An employee whose primary duty is not the 90
performance of work requiring knowledge of an advanced type in a 91
field of science or learning customarily acquired by a prolonged 92
course of specialized intellectual instruction or the performance 93
of work requiring invention, imagination, originality or talent in 94
a recognized field of artistic or creative endeavor. 95
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(5) Employers and employees who are not specifically 96
mentioned in this section fall under the purview of the Fair Labor 97
Standards Act. 98
SECTION 3. Section 7-7-204, Mississippi Code of 1972, is 99
brought forward as follows: 100
7-7-204. (1) Within the limits of the funds available to 101
the Office of the State Auditor for such purpose, the State 102
Auditor may grant a paid internship to students pursuing junior or 103
senior undergraduate-level year coursework toward a bachelor's 104
degree in accounting or graduate-level coursework toward a 105
master's degree in accounting. Those applicants deemed qualified 106
shall receive funds that may be used to pay for tuition, books and 107
related fees to pursue their degree. It is the intent of the 108
Legislature that the paid internship program (hereinafter referred 109
to as the program) shall be used as an incentive for accounting 110
students to develop job-related skills and to encourage accounting 111
careers at the Office of the State Auditor. 112
(2) In order to be eligible for the program, an applicant 113
must: 114
(a) Attend any college or school approved and 115
designated by the Office of the State Auditor. 116
(b) Satisfy the following conditions: 117
(i) Undergraduate stipulations: Applicants must 118
have successfully obtained a minimum of fifty-eight (58) semester 119
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hours toward a bachelor of science degree in accounting from a 120
Mississippi institution of higher learning. 121
Applicants must have achieved a minimum grade point average 122
(GPA) on the previously obtained semester hours toward a bachelor 123
of science degree in accounting of 3.0 on a 4.0 scale. 124
If accepted into the program, participants shall maintain a 125
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 126
counted toward a bachelor of science degree in accounting. 127
(ii) Graduate stipulations: Applicants must have 128
met the regular admission standards and have been accepted into 129
the master of science accounting program at a Mississippi 130
institution of higher learning. 131
If accepted into the program, participants shall maintain a 132
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 133
counted toward a master of science degree in accounting. 134
(c) All program participants will be required to work a 135
total of three hundred thirty-six (336) hours each summer at the 136
Office of the State Auditor in Jackson, Mississippi. 137
(d) Agree to work as an auditor at the Office of the 138
State Auditor upon graduation for a period of time equivalent to 139
the period of time for which the applicant receives compensation, 140
calculated to the nearest whole month, but in no event less than 141
two (2) years. 142
(3) (a) Before being placed into the program, each 143
applicant shall enter into a contract with the Office of the State 144
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Auditor, which shall be deemed a contract with the State of 145
Mississippi, agreeing to the terms and conditions upon which the 146
internship shall be granted to him. The contract shall include 147
such terms and provisions necessary to carry out the full purpose 148
and intent of this section. The form of such contract shall be 149
prepared and approved by the Attorney General of this state, and 150
shall be signed by the State Auditor of the Office of the State 151
Auditor and the participant. 152
(b) Upon entry into the program, participants will 153
become employees of the Office of the State Auditor during their 154
time in the program and shall be eligible for benefits such as 155
medical insurance paid by the agency for the participant; however, 156
in accordance with Section 25-11-105II(b), those participants 157
shall not become members of the Public Employees' Retirement 158
System while participating in the program. Participants shall not 159
accrue personal or major medical leave while they are in the 160
program. 161
(c) The Office of the State Auditor shall have the 162
authority to cancel any contract made between it and any program 163
participant upon such cause being deemed sufficient by the State 164
Auditor. 165
(d) The Office of the State Auditor is vested with full 166
and complete authority and power to sue in its own name any 167
participant for any damages due the state on any such uncompleted 168
contract, which suit shall be filed and handled by the Attorney 169
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General of the state. The Office of the State Auditor may 170
contract with a collection agency or banking institution, subject 171
to approval by the Attorney General, for collection of any damages 172
due the state from any participant. The State of Mississippi, the 173
Office of the State Auditor and its employees are immune from any 174
suit brought in law or equity for actions taken by the collection 175
agency or banking institution incidental to or arising from their 176
performance under the contract. The Office of the State Auditor, 177
collection agency and banking institution may negotiate for the 178
payment of a sum that is less than full payment in order to 179
satisfy any damages the participant owes the state, subject to 180
approval by the director of the sponsoring facility within the 181
Office of the State Auditor. 182
(4) (a) Any recipient who is accepted into the program by 183
the Mississippi Office of the State Auditor and who fails to 184
complete undergraduate- or graduate-level coursework toward a 185
degree in accounting, or withdraws from school at any time before 186
completing his or her education, shall be liable to repay the 187
Office of the State Auditor for all monies received during the 188
time the recipient was in the program, at the rate of pay received 189
by the employee while in the program, including benefits paid by 190
the agency for the participant, and monies received for tuition, 191
books and related fees used to pursue their degree with interest 192
accruing at ten percent (10%) per annum from the date the 193
recipient failed or withdrew from school. The recipient also will 194
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not be liable for repayment for any money earned during the 195
required summer hours. This money shall be considered earned by 196
the recipient at the federal minimum wage rate. 197
(b) All paid internship compensation received by the 198
recipient while in school shall be considered earned conditioned 199
upon the fulfillment of the terms and obligations of the paid 200
internship contract and this section. However, no recipient of 201
the paid internship shall accrue personal or major medical leave 202
while the recipient is pursuing junior or senior 203
undergraduate-level year coursework toward a bachelor's degree in 204
accounting or graduate-level coursework toward a master's degree 205
in accounting. The recipient shall not be liable for liquidated 206
damages. 207
(c) If the recipient does not work as an auditor at the 208
Office of the State Auditor for the period required under 209
subsection (2)(d) of this section, the recipient shall be liable 210
for repayment on demand of the remaining portion of the 211
compensation that the recipient was paid while in the program 212
which has not been unconditionally earned, with interest accruing 213
at ten percent (10%) per annum from the recipient's date of 214
graduation or the date that the recipient last worked at the 215
Office of the State Auditor, whichever is the later date. In 216
addition, there shall be included in any contract for paid student 217
internship a provision for liquidated damages equal to Five 218
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Thousand Dollars ($5,000.00) which may be reduced on a pro rata 219
basis for each year served under such contract. 220
SECTION 4. Section 17-1-51, Mississippi Code of 1972, is 221
brought forward as follows: 222
17-1-51. (1) No county, board of supervisors of a county, 223
municipality or governing authority of a municipality is 224
authorized to establish a mandatory, minimum living wage rate, 225
minimum number of vacation or sick days, whether paid or unpaid, 226
that would regulate how a private employer pays its employees. 227
Each county, board of supervisors of a county, municipality or 228
governing authority of a municipality shall be prohibited from 229
establishing a mandatory, minimum living wage rate, minimum number 230
of vacation or sick days, whether paid or unpaid, that would 231
regulate how a private employer pays its employees. 232
(2) The Legislature finds that the prohibitions of 233
subsection (1) of this section are necessary to ensure an economic 234
climate conducive to new business development and job growth in 235
the State of Mississippi. We believe that inconsistent 236
application of wage and benefit laws from city to city or county 237
to county must be avoided. While not suggesting a state minimum 238
wage or minimum benefit package, any debate and subsequent action 239
on these matters should be assigned to the Mississippi Legislature 240
as provided in Section 25-3-40, and not local counties or 241
municipalities. 242
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(3) The Legislature further finds that wages and employee 243
benefits comprise the most significant expense of operating a 244
business. It also recognizes that neither potential employees or 245
business patrons are likely to restrict themselves to employment 246
opportunities or goods and services in any particular county or 247
municipality. Consequently, local variations in legally required 248
minimum wage rates or mandatory minimum number of vacation or sick 249
leave days would threaten many businesses with a loss of employees 250
to local governments which require a higher minimum wage rate and 251
many other businesses with the loss of patrons to areas which 252
allow for a lower wage rate and more or less vacation or sick 253
days. The net effect of this situation would be detrimental to 254
the business environment of the state and to the citizens, 255
businesses and governments of the local jurisdictions as well as 256
the local labor markets. 257
(4) The Legislature concludes from these findings that, in 258
order for a business to remain competitive and yet attract and 259
retain the highest possible caliber of employees, and thereby 260
remain sound, an enterprise must work in a uniform environment 261
with respect to minimum wage rates, and mandatory minimum number 262
of vacation or sick leave days. The net impact of local 263
variations in mandated wages and mandatory minimum number of 264
vacation or sick leave days would be economically unstable and 265
create a decline and decrease in the standard of living for the 266
citizens of the state. Consequently, decisions regarding minimum 267
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wage, living wage and other employee benefit policies must be made 268
by the state as provided in Section 25-3-40, so that consistency 269
in the wage market is preserved. 270
SECTION 5. Section 23-15-239, Mississippi Code of 1972, is 271
brought forward as follows: 272
23-15-239. (1) The executive committee of each county, in 273
the case of a primary election, or the election commissioners of 274
each county, in the case of all other elections, in conjunction 275
with the circuit clerk, shall, in the years in which counties 276
conduct an election, sponsor and conduct, not less than five (5) 277
days before each election, not less than four (4) hours and not 278
more than eight (8) hours of poll manager training to instruct 279
poll managers as to their duties in the proper administration of 280
the election and the operation of the polling place. Any poll 281
manager who completes the online training course provided by the 282
Secretary of State shall only be required to complete two (2) 283
hours of in-person poll manager training. No poll manager shall 284
serve in any election unless he or she has received these 285
instructions once during the twelve (12) months immediately 286
preceding the date upon which the election is held; however, 287
nothing in this section shall prevent the appointment of an 288
alternate poll manager to fill a vacancy in case of an emergency. 289
The county executive committee or the election commissioners, as 290
appropriate, shall train a sufficient number of alternates to 291
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serve in the event a poll manager is unable to serve for any 292
reason. 293
(2) (a) If it is eligible under Section 23-15-266, the 294
county executive committee may enter into a written agreement with 295
the circuit clerk or the county election commission authorizing 296
the circuit clerk or the county election commission to perform any 297
of the duties required of the county executive committee pursuant 298
to this section. Any agreement entered into pursuant to this 299
subsection shall be signed by the chair of the county executive 300
committee and the circuit clerk or the chair of the county 301
election commission, as appropriate. The county executive 302
committee shall notify the state executive committee and the 303
Secretary of State of the existence of the agreement. 304
(b) If it is eligible under Section 23-15-266, the 305
municipal executive committee may enter into a written agreement 306
with the municipal clerk or the municipal election commission 307
authorizing the municipal clerk or the municipal election 308
commission to perform any of the duties required of the municipal 309
executive committee pursuant to this section. Any agreement 310
entered into pursuant to this subsection shall be signed by the 311
chair of the municipal executive committee and the municipal clerk 312
or the chair of the municipal election commission, as appropriate. 313
The municipal executive committee shall notify the state executive 314
committee and the Secretary of State of the existence of the 315
agreement. 316
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(3) The board of supervisors and the municipal governing 317
authority, in their discretion, may compensate poll managers who 318
attend these training sessions. The compensation shall be at a 319
rate of not less than the federal hourly minimum wage and not more 320
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 321
compensated for more than sixteen (16) hours of attendance at the 322
training sessions regardless of the actual amount of time that 323
they attended the training sessions. 324
(4) The time and location of the training sessions required 325
pursuant to this section shall be announced to the general public 326
by posting a notice thereof at the courthouse and by delivering a 327
copy of the notice to the office of a newspaper having general 328
circulation in the county five (5) days before the date upon which 329
the training session is to be conducted. Persons who will serve 330
as poll watchers for candidates and political parties, as well as 331
members of the general public, shall be allowed to attend the 332
sessions. 333
(5) Subject to the following annual limitations, the 334
election commissioners shall be entitled to receive a per diem in 335
the amount of One Hundred Ten Dollars ($110.00), to be paid from 336
the county general fund, for every day or period of no less than 337
five (5) hours accumulated over two (2) or more days actually 338
employed in the performance of their duties for the necessary time 339
spent in conducting training sessions as required by this section: 340
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(a) In counties having less than fifteen thousand 341
(15,000) residents according to the latest federal decennial 342
census, not more than five (5) days per year; 343
(b) In counties having fifteen thousand (15,000) 344
residents according to the latest federal decennial census but 345
less than thirty thousand (30,000) residents according to the 346
latest federal decennial census, not more than eight (8) days per 347
year; 348
(c) In counties having thirty thousand (30,000) 349
residents according to the latest federal decennial census but 350
less than seventy thousand (70,000) residents according to the 351
latest federal decennial census, not more than ten (10) days per 352
year; 353
(d) In counties having seventy thousand (70,000) 354
residents according to the latest federal decennial census but 355
less than ninety thousand (90,000) residents according to the 356
latest federal decennial census, not more than twelve (12) days 357
per year; 358
(e) In counties having ninety thousand (90,000) 359
residents according to the latest federal decennial census but 360
less than one hundred seventy thousand (170,000) residents 361
according to the latest federal decennial census, not more than 362
fifteen (15) days per year; 363
(f) In counties having one hundred seventy thousand 364
(170,000) residents according to the latest federal decennial 365
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census but less than two hundred thousand (200,000) residents 366
according to the latest federal decennial census, not more than 367
eighteen (18) days per year; 368
(g) In counties having two hundred thousand (200,000) 369
residents according to the latest federal decennial census but 370
less than two hundred twenty-five thousand (225,000) residents 371
according to the latest federal decennial census, not more than 372
nineteen (19) days per year; 373
(h) In counties having two hundred twenty-five thousand 374
(225,000) residents or more according to the latest federal 375
decennial census, not more than twenty-two (22) days per year. 376
(6) Election commissioners shall claim the per diem 377
authorized in subsection (5) of this section in the manner 378
provided for in Section 23-15-153(6). 379
(7) (a) To provide poll manager training, the Secretary of 380
State has developed a single, comprehensive poll manager training 381
program to ensure uniform, secure elections throughout the state. 382
The program includes online training on all state and federal 383
election laws and procedures and voting machine opening and 384
closing procedures. 385
(b) County poll managers who individually access and 386
complete the online training program, including all skills 387
assessments, at least five (5) days before an election shall be 388
defined as "certified poll managers," and entitled to a 389
"Certificate of Completion." 390
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(c) At least one (1) certified poll manager shall be 391
appointed by the county election officials to work in each polling 392
place in the county during each general election. 393
SECTION 6. Section 25-3-40, Mississippi Code of 1972, is 394
brought forward as follows: 395
25-3-40. On July 1, 1978, and each year thereafter, the 396
Mississippi Compensation Plan shall be amended to provide salary 397
increases in such amounts and percentages as might be recommended 398
by the Legislative Budget Office and as may be authorized by funds 399
appropriated by the Legislature for the purpose of granting 400
incentive salary increases as deemed possible dependent upon the 401
availability of general and special funds. 402
It is hereby declared to be the intent of the Mississippi 403
Legislature to implement the minimum wage as enacted by statutory 404
law of the United States Congress subject to funds being available 405
for that purpose. It is the intent and purpose of this section to 406
maximize annual salary increases consistent with the availability 407
of funds as might be determined by the Mississippi Legislature at 408
its regular annual session and that all salary increases hereafter 409
be made consistent with the provisions of this section. 410
SECTION 7. Section 37-7-307, Mississippi Code of 1972, is 411
brought forward as follows: 412
37-7-307. (1) For purposes of this section, the term 413
"licensed employee" means any employee of a public school district 414
required to hold a valid license by the Commission on Teacher and 415
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Administrator Education, Certification and Licensure and 416
Development. 417
(2) The school board of a school district shall establish by 418
rules and regulations a policy of sick leave with pay for licensed 419
employees and teacher assistants employed in the school district, 420
and such policy shall include the following minimum provisions for 421
sick and emergency leave with pay: 422
(a) Each licensed employee and teacher assistant, at 423
the beginning of each school year, shall be credited with a 424
minimum sick leave allowance, with pay, of seven (7) days for 425
absences caused by illness or physical disability of the employee 426
during that school year. 427
(b) Any unused portion of the total sick leave 428
allowance shall be carried over to the next school year and 429
credited to such licensed employee and teacher assistant if the 430
licensed employee or teacher assistant remains employed in the 431
same school district. In the event any public school licensed 432
employee or teacher assistant transfers from one public school 433
district in Mississippi to another, any unused portion of the 434
total sick leave allowance credited to such licensed employee or 435
teacher assistant shall be credited to such licensed employee or 436
teacher assistant in the computation of unused leave for 437
retirement purposes under Section 25-11-109. Accumulation of sick 438
leave allowed under this section shall be unlimited. 439
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(c) No deduction from the pay of such licensed employee 440
or teacher assistant may be made because of absence of such 441
licensed employee or teacher assistant caused by illness or 442
physical disability of the licensed employee or teacher assistant 443
until after all sick leave allowance credited to such licensed 444
employee or teacher assistant has been used. 445
(d) For the first ten (10) days of absence of a 446
licensed employee because of illness or physical disability, in 447
any school year, in excess of the sick leave allowance credited to 448
such licensed employee, there shall be deducted from the pay of 449
such licensed employee the established substitute amount of 450
licensed employee compensation paid in that local school district, 451
necessitated because of the absence of the licensed employee as a 452
result of illness or physical disability. In lieu of deducting 453
the established substitute amount from the pay of such licensed 454
employee, the policy may allow the licensed employee to receive 455
full pay for the first ten (10) days of absence because of illness 456
or physical disability, in any school year, in excess of the sick 457
leave allowance credited to such licensed employee. Thereafter, 458
the regular pay of such absent licensed employee shall be 459
suspended and withheld in its entirety for any period of absence 460
because of illness or physical disability during that school year. 461
(3) (a) Beginning with the school year 1983-1984, each 462
licensed employee at the beginning of each school year shall be 463
credited with a minimum personal leave allowance, with pay, of two 464
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(2) days for absences caused by personal reasons during that 465
school year. Effective for the 2010-2011 and 2011-2012 school 466
years, licensed employees shall be credited with an additional 467
one-half (1/2) day of personal leave for every day the licensed 468
employee is furloughed without pay as provided in Section 469
37-7-308. Except as otherwise provided in paragraph (b) of this 470
subsection, such personal leave shall not be taken on the first 471
day of the school term, the last day of the school term, on a day 472
previous to a holiday or a day after a holiday. Personal leave 473
may be used for professional purposes, including absences caused 474
by attendance of such licensed employee at a seminar, class, 475
training program, professional association or other functions 476
designed for educators. No deduction from the pay of such 477
licensed employee may be made because of absence of such licensed 478
employee caused by personal reasons until after all personal leave 479
allowance credited to such licensed employee has been used. 480
However, the superintendent of a school district, in his 481
discretion, may allow a licensed employee personal leave in 482
addition to any minimum personal leave allowance, under the 483
condition that there shall be deducted from the salary of such 484
licensed employee the actual amount of any compensation paid to 485
any person as a substitute, necessitated because of the absence of 486
the licensed employee. Any unused portion of the total personal 487
leave allowance up to five (5) days shall be carried over to the 488
next school year and credited to such licensed employee if the 489
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licensed employee remains employed in the same school district. 490
Any personal leave allowed for a furlough day shall not be carried 491
over to the next school year. 492
(b) Notwithstanding the restrictions on the use of 493
personal leave prescribed under paragraph (a) of this subsection, 494
a licensed employee may use personal leave as follows: 495
(i) Personal leave may be taken on the first day 496
of the school term, the last day of the school term, on a day 497
previous to a holiday or a day after a holiday if, on the 498
applicable day, an immediate family member of the employee is 499
being deployed for military service. 500
(ii) Personal leave may be taken on a day previous 501
to a holiday or a day after a holiday if an employee of a school 502
district has either a minimum of ten (10) years' experience as an 503
employee of that school district or a minimum of thirty (30) days 504
of unused accumulated leave that has been earned while employed in 505
that school district. 506
(iii) Personal leave may be taken on the first day 507
of the school term, the last day of the school term, on a day 508
previous to a holiday or a day after a holiday if, on the 509
applicable day, the employee has been summoned to appear for jury 510
duty or as a witness in court. 511
(iv) Personal leave may be taken on the first day 512
of the school term, the last day of the school term, on a day 513
previous to a holiday or a day after a holiday if, on the 514
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applicable day, an immediate family member of the employee dies or 515
funeral services are held. Any day of the three (3) bereavement 516
days may be used at the discretion of the teacher, and are not 517
required to be taken in consecutive succession. 518
For the purpose of this subsection (3), the term "immediate 519
family member" means spouse, parent, stepparent, child or 520
stepchild, grandparent or sibling, including a stepbrother or 521
stepsister. 522
(4) Beginning with the school year 1992-1993, each licensed 523
employee shall be credited with a professional leave allowance, 524
with pay, for each day of absence caused by reason of such 525
employee's statutorily required membership and attendance at a 526
regular or special meeting held within the State of Mississippi of 527
the State Board of Education, the Commission on Teacher and 528
Administrator Education, Certification and Licensure and 529
Development, the Commission on School Accreditation, the 530
Mississippi Authority for Educational Television, the meetings of 531
the state textbook rating committees or other meetings authorized 532
by local school board policy. 533
(5) Upon retirement from employment, each licensed and 534
nonlicensed employee shall be paid for not more than thirty (30) 535
days of unused accumulated leave earned while employed by the 536
school district in which the employee is last employed. Such 537
payment for licensed employees shall be made by the school 538
district at a rate equal to the amount paid to substitute teachers 539
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and for nonlicensed employees, the payment shall be made by the 540
school district at a rate equal to the federal minimum wage. The 541
payment shall be treated in the same manner for retirement 542
purposes as a lump-sum payment for personal leave as provided in 543
Section 25-11-103(f). Any remaining lawfully credited unused 544
leave, for which payment has not been made, shall be certified to 545
the Public Employees' Retirement System in the same manner and 546
subject to the same limitations as otherwise provided by law for 547
unused leave. No payment for unused accumulated leave may be made 548
to either a licensed or nonlicensed employee at termination or 549
separation from service for any purpose other than for the purpose 550
of retirement. 551
(6) The school board may adopt rules and regulations which 552
will reasonably aid to implement the policy of sick and personal 553
leave, including, but not limited to, rules and regulations having 554
the following general effect: 555
(a) Requiring the absent employee to furnish the 556
certificate of a physician or dentist or other medical 557
practitioner as to the illness of the absent licensed employee, 558
where the absence is for four (4) or more consecutive school days, 559
or for two (2) consecutive school days immediately preceding or 560
following a nonschool day; 561
(b) Providing penalties, by way of full deduction from 562
salary, or entry on the work record of the employee, or other 563
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appropriate penalties, for any materially false statement by the 564
employee as to the cause of absence; 565
(c) Forfeiture of accumulated or future sick leave, if 566
the absence of the employee is caused by optional dental or 567
medical treatment or surgery which could, without medical risk, 568
have been provided, furnished or performed at a time when school 569
was not in session; 570
(d) Enlarging, increasing or providing greater sick or 571
personal leave allowances than the minimum standards established 572
by this section in the discretion of the school board of each 573
school district. 574
(7) School boards may include in their budgets provisions 575
for the payment of substitute employees, necessitated because of 576
the absence of regular licensed employees. All such substitute 577
employees shall be paid wholly from district funds. Such school 578
boards, in their discretion, also may pay, from district funds 579
other than the total funding formula funds provided for in 580
Sections 37-151-200 through 37-151-215, the whole or any part of 581
the salaries of all employees granted leaves for the purpose of 582
special studies or training. 583
(8) The school board may further adopt rules and regulations 584
which will reasonably implement such leave policies for all other 585
nonlicensed and hourly paid school employees as the board deems 586
appropriate. Effective for the 2010-2011 and 2011-2012 school 587
years, nonlicensed employees shall be credited with an additional 588
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one-half (1/2) day of personal leave for every day the nonlicensed 589
employee is furloughed without pay as provided in Section 590
37-7-308. 591
(9) Vacation leave granted to either licensed or nonlicensed 592
employees shall be synonymous with personal leave. Unused 593
vacation or personal leave accumulated by licensed employees in 594
excess of the maximum five (5) days which may be carried over from 595
one year to the next may be converted to sick leave. The annual 596
conversion of unused vacation or personal leave to sick days for 597
licensed or unlicensed employees shall not exceed the allowable 598
number of personal leave days as provided in Section 25-3-93. The 599
annual total number of converted unused vacation and/or personal 600
days added to the annual unused sick days for any employee shall 601
not exceed the combined allowable number of days per year provided 602
in Sections 25-3-93 and 25-3-95. Local school board policies that 603
provide for vacation, personal and sick leave for employees shall 604
not exceed the provisions for leave as provided in Sections 605
25-3-93 and 25-3-95. Any personal or vacation leave previously 606
converted to sick leave under a lawfully adopted policy before May 607
1, 2004, or such personal or vacation leave accumulated and 608
available for use prior to May 1, 2004, under a lawfully adopted 609
policy but converted to sick leave after May 1, 2004, shall be 610
recognized as accrued leave by the local school district and 611
available for use by the employee. The leave converted under a 612
lawfully adopted policy prior to May 1, 2004, or such personal and 613
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vacation leave accumulated and available for use as of May 1, 614
2004, which was subsequently converted to sick leave may be 615
certified to the Public Employees' Retirement System upon 616
termination of employment and any such leave previously converted 617
and certified to the Public Employees' Retirement System shall be 618
recognized. 619
(10) (a) For the purposes of this subsection, the following 620
words and phrases shall have the meaning ascribed in this 621
paragraph unless the context requires otherwise: 622
(i) "Catastrophic injury or illness" means a 623
life-threatening injury or illness of an employee or a member of 624
an employee's immediate family that totally incapacitates the 625
employee from work, as verified by a licensed physician, and 626
forces the employee to exhaust all leave time earned by that 627
employee, resulting in the loss of compensation from the local 628
school district for the employee. Conditions that are short-term 629
in nature, including, but not limited to, common illnesses such as 630
influenza and the measles, and common injuries, are not 631
catastrophic. Chronic illnesses or injuries, such as cancer or 632
major surgery, that result in intermittent absences from work and 633
that are long-term in nature and require long recuperation periods 634
may be considered catastrophic. 635
(ii) "Immediate family" means spouse, parent, 636
stepparent, sibling, child or stepchild, grandparent, stepbrother 637
or stepsister. 638
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(b) Any school district employee may donate a portion 639
of his or her unused accumulated personal leave or sick leave to 640
another employee of the same school district who is suffering from 641
a catastrophic injury or illness or who has a member of his or her 642
immediate family suffering from a catastrophic injury or illness, 643
in accordance with the following: 644
(i) The employee donating the leave (the "donor 645
employee") shall designate the employee who is to receive the 646
leave (the "recipient employee") and the amount of unused 647
accumulated personal leave and sick leave that is to be donated, 648
and shall notify the school district superintendent or his 649
designee of his or her designation. 650
(ii) The maximum amount of unused accumulated 651
personal leave that an employee may donate to any other employee 652
may not exceed a number of days that would leave the donor 653
employee with fewer than seven (7) days of personal leave 654
remaining, and the maximum amount of unused accumulated sick leave 655
that an employee may donate to any other employee may not exceed 656
fifty percent (50%) of the unused accumulated sick leave of the 657
donor employee. 658
(iii) An employee must have exhausted all of his 659
or her available leave before he or she will be eligible to 660
receive any leave donated by another employee. Eligibility for 661
donated leave shall be based upon review and approval by the donor 662
employee's supervisor. 663
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(iv) Before an employee may receive donated leave, 664
he or she must provide the school district superintendent or his 665
designee with a physician's statement that states that the illness 666
meets the catastrophic criteria established under this section, 667
the beginning date of the catastrophic injury or illness, a 668
description of the injury or illness, and a prognosis for recovery 669
and the anticipated date that the recipient employee will be able 670
to return to work. 671
(v) Before an employee may receive donated leave, 672
the superintendent of education of the school district shall 673
appoint a review committee to approve or disapprove the said 674
donations of leave, including the determination that the illness 675
is catastrophic within the meaning of this section. 676
(vi) If the total amount of leave that is donated 677
to any employee is not used by the recipient employee, the whole 678
days of donated leave shall be returned to the donor employees on 679
a pro rata basis, based on the ratio of the number of days of 680
leave donated by each donor employee to the total number of days 681
of leave donated by all donor employees. 682
(vii) Donated leave shall not be used in lieu of 683
disability retirement. 684
(11) Effective January 1, 2020, the provisions of this 685
section shall be fully applicable to any licensed employee of the 686
Mississippi School of the Arts (MSA). 687
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SECTION 8. Section 57-34-5, Mississippi Code of 1972, is 688
brought forward as follows: 689
57-34-5. Definitions. As used in this chapter, the 690
following words and phrases shall have the meanings ascribed to 691
them in this section, unless the context clearly indicates a 692
different meaning: 693
(a) "Act" means the provisions of this chapter. 694
(b) "Authority" means the Alabama-Mississippi Joint 695
Economic Development Authority created pursuant to this chapter. 696
(c) "Board of directors" means the board of directors 697
of the authority. 698
(d) "Designated geographic area" means: 699
(i) Those counties in the State of Alabama that 700
share a common border with any county in the State of Mississippi; 701
and 702
(ii) Those counties in the State of Mississippi 703
that share a common border with any county in the State of 704
Alabama. 705
(e) "Herein," "hereby," "hereunder," "hereof" and other 706
equivalent words refer to this chapter as an entirety and not 707
solely to the particular section or portion thereof in which any 708
such word is used. 709
(f) "Project" means: 710
(i) Any industrial, commercial, research and 711
development, warehousing, distribution, transportation, 712
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processing, mining, United States government or tourism enterprise 713
together with all real property required for construction, 714
maintenance and operation of the enterprise: 715
1. With an initial capital investment of not 716
less than Three Hundred Million Dollars ($300,000,000.00) from 717
private or United States government sources together with all 718
buildings, and other supporting land and facilities, structures or 719
improvements of whatever kind required or useful for construction, 720
maintenance and operation of the enterprise; or 721
2. With an initial capital investment of not 722
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 723
private or United States government sources together with all 724
buildings and other supporting land and facilities, structures or 725
improvements of whatever kind required or useful for construction, 726
maintenance and operation of the enterprise and which creates at 727
least one thousand (1,000) net new full-time jobs; or 728
3. Which creates at least one thousand 729
(1,000) net new full-time jobs which provide an average hourly 730
wage of not less than two hundred percent (200%) of the federal 731
minimum wage in effect on the date the project is placed in 732
service. 733
(ii) Any addition to, or expansion of, any 734
existing enterprise as described in this paragraph if the addition 735
or expansion: 736
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1. Has an initial capital investment of not 737
less than Three Hundred Million Dollars ($300,000,000.00) from 738
private or United States government sources; 739
2. Has an initial capital investment of not 740
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 741
private or United States government sources together with all 742
buildings and other supporting land and facilities, structures or 743
improvements of whatever kind required or useful for construction, 744
maintenance and operation of the enterprise and which creates at 745
least one thousand (1,000) net new full-time jobs; or 746
3. Creates at least one thousand (1,000) net 747
new full-time jobs which provide an average hourly wage of not 748
less than two hundred percent (200%) of the federal minimum wage 749
in effect on the date the project is placed in service. 750
(iii) Any development with an initial capital 751
investment from private sources of not less than Seven Hundred 752
Fifty Million Dollars ($750,000,000.00) which will create at least 753
three thousand (3,000) net new full-time jobs satisfying criteria 754
to be established by the authority. 755
In addition to meeting the other requirements of this 756
paragraph, in order to fall within the definition of the term 757
"project": 758
(i) The enterprise or development must be located 759
within the designated geographic area; and 760
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(ii) Each state must provide funds or in-kind 761
contributions equal to at least one-third (1/3) of the total costs 762
of the project to the states. 763
(g) "Project agreement" means an agreement, approved by 764
the Legislature of the states, setting forth certain obligations, 765
responsibilities, benefits, administrative matters and any other 766
matters with respect to a specific project that are not 767
inconsistent with the terms of this chapter as the legislatures of 768
the states deem appropriate with respect to a specific project. 769
(h) "Project tax revenues" means: 770
(i) All of the following state and local taxes 771
paid directly to a state or a local government by the project: 772
income taxes, ad valorem taxes on real and personal property, 773
sales and use taxes, franchise taxes, license taxes, excise taxes 774
and severance taxes; and 775
(ii) All state and local personal income tax and 776
occupational tax withholdings from employees of the project 777
attributable to employment at the project. 778
(i) "States" means the State of Alabama and the State 779
of Mississippi collectively. 780
SECTION 9. Section 99-19-20, Mississippi Code of 1972, is 781
brought forward as follows: 782
99-19-20. (1) Except as otherwise provided under Section 783
99-19-20.1, when any court sentences a defendant to pay a fine, 784
the court may order (a) that the fine be paid immediately, or (b) 785
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that the fine be paid in installments to the clerk of the court or 786
to the judge, if there be no clerk, or (c) that payment of the 787
fine be a condition of probation, or (d) that the defendant be 788
required to work on public property for public benefit under the 789
direction of the sheriff for a specific number of hours, or (e) 790
any combination of the above. 791
(2) Except as otherwise provided under Section 99-19-20.1, 792
the defendant may be imprisoned until the fine is paid if the 793
defendant is financially able to pay a fine and the court so 794
finds, subject to the limitations provided under this section. 795
The defendant shall not be imprisoned if the defendant is 796
financially unable to pay a fine and so states to the court in 797
writing, under oath, after sentence is pronounced, and the court 798
so finds, except if the defendant is financially unable to pay a 799
fine and such defendant failed or refused to comply with a prior 800
sentence as specified in subsection (1) of this section, the 801
defendant may be imprisoned. 802
This subsection shall be limited as follows: 803
(a) In no event shall such period of imprisonment 804
exceed one (1) day for each One Hundred Dollars ($100.00) of the 805
fine. 806
(b) If a sentence of imprisonment, as well as a fine, 807
were imposed, the aggregate of such term for nonpayment of a fine 808
and the original sentence of imprisonment shall not exceed the 809
maximum authorized term of imprisonment. 810
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(c) It shall be in the discretion of the judge to 811
determine the rate of the credit to be earned for work performed 812
under subsection (1)(d), but the rate shall be no lower than the 813
rate of the highest current federal minimum wage. 814
(3) Periods of confinement imposed for nonpayment of two (2) 815
or more fines shall run consecutively unless specified by the 816
court to run concurrently. 817
SECTION 10. Section 85-3-4, Mississippi Code of 1972, is 818
amended as follows: 819
85-3-4. (1) The wages, salaries or other compensation of 820
laborers or employees, residents of this state, shall be exempt 821
from seizure under attachment, execution or garnishment for a 822
period of thirty (30) days from the date of service of any writ of 823
attachment, execution or garnishment. 824
(2) After the passage of the period of thirty (30) days 825
described in subsection (1) of this section, the maximum part of 826
the aggregate disposable earnings (as defined by Section 1672(b) 827
of Title 15, USCS) of an individual that may be levied by 828
attachment, execution or garnishment shall be: 829
(a) In the case of earnings for any workweek, the 830
lesser amount of either * * *: 831
(i) Twenty-five percent (25%) of his disposable 832
earnings for that week, or 833
(ii) The amount by which his disposable earnings 834
for that week exceed thirty (30) times the federal minimum hourly 835
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wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 836
effect at the time the earnings are payable; or 837
(b) In the case of earnings for any period other than a 838
week, the amount by which his disposable earnings exceed the 839
following "multiple" of the federal minimum hourly wage which is 840
equivalent in effect to that set forth in paragraph (a)(ii) of 841
this subsection (2): The number of workweeks, or fractions 842
thereof multiplied by thirty (30) multiplied by the applicable 843
federal minimum wage. 844
(3) (a) The restrictions of subsections (1) and (2) of this 845
section do not apply in the case of: 846
(i) Any order for the support of any person issued 847
by a court of competent jurisdiction or in accordance with an 848
administrative procedure, which is established by state law, which 849
affords substantial due process, and which is subject to judicial 850
review. 851
(ii) Any debt due for any state or local tax. 852
(b) Except as provided in subparagraph * * * (iii) of 853
this * * * paragraph (b), the maximum part of the aggregate 854
disposable earnings of an individual for any workweek which is 855
subject to garnishment to enforce any order for the support of any 856
person shall not exceed: 857
(i) Where such individual is supporting his spouse 858
or dependent child (other than a spouse or child with respect to 859
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whose support such order is used), fifty percent (50%) of such 860
individual's disposable earnings for that week; and 861
(ii) Where such individual is not supporting such 862
a spouse or dependent child described in subparagraph * * * (i) of 863
this * * * paragraph (b), sixty percent (60%) of such individual's 864
disposable earnings for that week; 865
(iii) With respect to the disposable earnings of 866
any individual for that workweek, the fifty percent (50%) 867
specified in subparagraph * * * (i) of this * * * paragraph (b) 868
shall be deemed to be fifty-five percent (55%) and the sixty 869
percent (60%) specified in subparagraph * * * (ii) of this * * * 870
paragraph (b) shall be deemed to be sixty-five percent (65%), if 871
and to the extent that such earnings are subject to garnishment to 872
enforce a support order with respect to a period which is prior to 873
the period of twelve (12) weeks which ends with the beginning of 874
such workweek. 875
SECTION 11. Section 97-3-54.4, Mississippi Code of 1972, is 876
amended as follows: 877
97-3-54.4. For the purposes of the Mississippi Human 878
Trafficking Act the following words and phrases shall have the 879
meanings ascribed herein unless the context clearly requires 880
otherwise: 881
(a) "Act" or "this act" means the Mississippi Human 882
Trafficking Act. 883
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(b) "Actor" means a person who violates any of the 884
provisions of Sections 97-3-54 through 97-3-54.4. 885
(c) "Blackmail" means obtaining property or things of 886
value of another by threatening to (i) inflict bodily injury on 887
anyone; or (ii) commit any other criminal offense. 888
(d) "Coerce" or "coercion" means: 889
(i) Causing or threatening to cause bodily harm to 890
any person, physically restraining or confining any person, or 891
threatening to physically restrain or confine any person; 892
(ii) Exposing or threatening to expose any fact or 893
information or disseminating or threatening to disseminate any 894
fact or information that would tend to subject a person to 895
criminal or immigration proceedings, hatred, contempt or ridicule; 896
(iii) Destroying, concealing, removing, 897
confiscating or possessing any actual or purported passport or 898
other immigration document, or any other actual or purported 899
government identification document of any person; 900
(iv) Providing a controlled substance to a person 901
for the purpose of compelling the person to engage in labor or 902
sexual servitude against the person's will; 903
(v) Causing or threatening to cause financial harm 904
to any person or using financial control over any person; 905
(vi) Abusing or threatening to abuse a position of 906
power, the law, or legal process; 907
(vii) Using blackmail; 908
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(viii) Using an individual's personal services as 909
payment or satisfaction of a real or purported debt when: 1. the 910
reasonable value of the services is not applied toward the 911
liquidation of the debt; 2. the length of the services is not 912
limited and the nature of the services is not defined; 3. the 913
principal amount of the debt does not reasonably reflect the value 914
of the items or services for which the debt is incurred; or 4. the 915
individual is prevented from acquiring accurate and timely 916
information about the disposition of the debt; or 917
(ix) Using any scheme, plan or pattern of conduct 918
intended to cause any person to believe that, if the person did 919
not perform the labor or services, that the person or another 920
person would suffer serious harm or physical restraint. 921
(e) "Commercial sexual activity" means any sex act on 922
account of which anything of value is given to, promised to, or 923
received by any person. 924
(f) "Enterprise" means any individual, sole 925
proprietorship, partnership, corporation, union or other legal 926
entity, or any association or group of individuals associated in 927
fact regardless of whether a legal entity has been formed pursuant 928
to any state, federal or territorial law. It includes illicit as 929
well as licit enterprises and governmental as well as other 930
entities. 931
(g) "Financial harm" includes, but is not limited to, 932
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 933
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or violation of the usury law as defined by Chapter 17, Title 934
75, * * * Mississippi Code of 1972. 935
(h) "Forced labor or services" means labor or services 936
that are performed or provided by another person and are obtained 937
or maintained through coercion. 938
(i) "Labor" means work of economic or financial value. 939
(j) "Maintain" means, in relation to labor or services, 940
to secure continued performance thereof, regardless of any initial 941
agreement on the part of the trafficked person to perform such 942
labor or service. 943
(k) "Minor" means a person under the age of eighteen 944
(18) years. 945
(l) "Obtain" means, in relation to labor or services, 946
to secure performance thereof. 947
(m) "Pecuniary damages" means any of the following: 948
(i) The greater of the gross income or value to 949
the defendant of the victim's labor or services, including sexual 950
services, not reduced by the expense the defendant incurred as a 951
result of maintaining the victim, or the value of the victim's 952
labor or services calculated under the minimum wage and overtime 953
provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 954
seq., whichever is higher; 955
(ii) If it is not possible or in the best interest 956
of the victim to compute a value under subparagraph (i) of this 957
paragraph (m), the equivalent of the value of the victim's labor 958
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or services if the victim had provided labor or services that were 959
subject to the minimum wage and overtime provisions of the Fair 960
Labor Standards Act, 29 USCS 201 et seq.; 961
(iii) Costs and expenses incurred by the victim as 962
a result of the offense for: 963
1. Medical services; 964
2. Therapy or psychological counseling; 965
3. Temporary housing; 966
4. Transportation; 967
5. Childcare; 968
6. Physical and occupational therapy or 969
rehabilitation; 970
7. Funeral, interment, and burial services; 971
reasonable attorney's fees and other legal costs; and 972
8. Other expenses incurred by the victim. 973
(n) "Serious harm" means harm, whether physical or 974
nonphysical, including psychological, economic or reputational, to 975
an individual that would compel a reasonable person in similar 976
circumstances as the individual to perform or continue to perform 977
labor or services to avoid incurring the harm. 978
(o) "Services" means an ongoing relationship between a 979
person and the actor in which the person performs activities under 980
the supervision of or for the benefit of the actor or a third 981
party and includes, without limitation, commercial sexual 982
H. B. No. 880 *HR26/R1134* ~ OFFICIAL ~
26/HR26/R1134
PAGE 41 (RKM\KW)
ST: Minimum wage; establish at $10.00 for
certain employees and set requirements for
exemptions and overtime.
activity, sexually explicit performances, or the production of 983
sexually explicit materials. 984
(p) "Sexually explicit performance" means a live or 985
public act or show intended to arouse or satisfy the sexual 986
desires or appeal to the prurient interests of patrons. 987
(q) "Trafficked person" means a person subjected to the 988
practices prohibited by this act regardless of whether a 989
perpetrator is identified, apprehended, prosecuted or convicted, 990
and is a term used interchangeably with the terms "victim," 991
"victim of trafficking" and "trafficking victim." 992
(r) "Venture" means any group of two (2) or more 993
individuals associated in fact, whether or not a legal entity. 994
(s) "Sexually oriented material" shall have the meaning 995
ascribed in Section 97-5-27 * * *. 996
SECTION 12. This act shall take effect and be in force from 997
and after July 1, 2026. 998