Mississippi Minimum Wage Act; enact.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2277

AN ACT TO ENACT A MINIMUM WAGE LAW FOR THE STATE OF 1
MISSISSIPPI, WITH ANNUAL INCREMENTAL INCREASES OVER A THREE-YEAR 2
PERIOD; TO DEFINE EMPLOYERS AND EMPLOYEES SUBJECT TO THE MINIMUM 3
WAGE LAW; TO EMPOWER THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT 4
SECURITY, OFFICE OF THE GOVERNOR, TO ENFORCE AND ADMINISTER THE 5
PROVISIONS OF THE MINIMUM WAGE LAW; TO PROVIDE CRIMINAL PENALTIES 6
AND A CIVIL CAUSE OF ACTION AGAINST EMPLOYERS FOR VIOLATIONS OF 7
THE MINIMUM WAGE LAW; TO AMEND SECTION 17-1-51, MISSISSIPPI CODE 8
OF 1972, TO AUTHORIZE MUNICIPAL AND COUNTY GOVERNING AUTHORITIES, 9
IN THEIR DISCRETION, TO MANDATE A WAGE THAT IS MORE THAN THE STATE 10
MINIMUM WAGE; TO AMEND SECTION 25-3-40, MISSISSIPPI CODE OF 1972, 11
TO CONFORM; TO AMEND SECTIONS 85-3-4 AND 97-3-54.4, MISSISSIPPI 12
CODE OF 1972, TO MAKE TECHNICAL, NONSUBSTANTIVE AMENDMENTS; TO 13
BRING FORWARD SECTIONS 7-7-204, 23-15-239, 37-7-307, 37-33-175, 14
57-34-5 AND 99-19-20, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 15
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. This act shall be known and may be cited as the 18
Mississippi Minimum Wage Act. 19
SECTION 2. It is declared to be the public policy of the 20
State of Mississippi to establish fair minimum wages for workers 21
in order to safeguard their health, efficiency and general 22
well-being and to protect those workers as well as their employers 23
from the effects of unfair competition resulting from wage levels 24
detrimental to their health, efficiency and well-being. 25
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SECTION 3. As used in this act, unless the context otherwise 26
requires: 27
(a) "Director" means the Executive Director of the 28
Mississippi Department of Employment Security. 29
(b) "Department" means the Mississippi Department of 30
Employment Security, Office of the Governor, established under 31
Section 71-5-101. 32
(c) "Wage" means compensation due to an employee by 33
reason of his or her employment, payable in legal tender of the 34
United States or checks on banks convertible into cash on demand 35
at full face value, subject to any deductions, charges or 36
allowances as may be permitted by this act or by regulations of 37
the department under this act. 38
(d) "Employ" includes to suffer or to permit to work. 39
(e) "Employer" includes any individual, partnership, 40
association, corporation, business trust, or any person or group 41
of persons acting directly or indirectly in the interest of an 42
employer in relation to an employee. The term "employer" does not 43
include: 44
(i) Any individual, partnership, association, 45
corporation, business trust, or any person or group of persons 46
acting directly or indirectly in the interest of an employer in 47
relation to an employee who employs fewer than five (5) employees 48
in a regular employment relationship; or 49
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(ii) Any person, firm or corporation or other 50
entity subject to the provisions of the federal Fair Labor 51
Standards Act of 1938. 52
(f) "Independent contractor" means any individual who 53
contracts to perform certain work away from the premises of his or 54
her employer, uses his or her own methods to accomplish the work, 55
and is subject to the control of the employer only as to the 56
result of his or her work. 57
(g) "Employee" includes any individual employed by an 58
employer but does not include: 59
(i) Any individual employed in a bona fide 60
executive, administrative or professional capacity, or as an 61
outside commission-paid salesperson, who customarily performs his 62
or her services away from his or her employer's premises, taking 63
orders for goods or services; 64
(ii) Any student performing services for any 65
school, college or university in which he or she is enrolled and 66
is regularly attending classes; 67
(iii) Any individual employed by the United States 68
or by the state or any political subdivision of the state, except 69
public schools and school districts; 70
(iv) Any individual engaged in an activity of any 71
educational, charitable, religious or nonprofit organization where 72
the employer/employee relationship does not in fact exist or where 73
the service is rendered to the organization gratuitously; 74
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(v) Any bona fide independent contractor; 75
(vi) Any individual employed by an agricultural 76
employer who did not use more than five hundred (500) man-days of 77
agricultural labor in any calendar quarter of the preceding 78
calendar year; 79
(vii) The parent, spouse, child or other member of 80
an agricultural employer's immediate family; 81
(viii) An individual who: 82
1. Is employed as a hand-harvest laborer and 83
is paid on a piece-rate basis in an operation that has been, and 84
is customarily and generally recognized as having been, paid on a 85
piece-rate basis in the region of employment; 86
2. Commutes daily from his or her permanent 87
residence to the farm on which he or she is so employed; and 88
3. Has been employed in agriculture less than 89
thirteen (13) weeks during the preceding calendar year; 90
(ix) A migrant who: 91
1. Is sixteen (16) years of age or under and 92
is employed as a hand-harvest laborer; 93
2. Is paid on a piece-rate basis in an 94
operation which has been, and is customarily and generally 95
recognized as having been, paid on a piece-rate basis in the 96
region of employment; 97
3. Is employed on the same farm as his or her 98
parents; and 99
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4. Is paid the same piece-rate as employees 100
over age sixteen (16) are paid on the same farm; 101
(x) Any employee principally engaged in the range 102
production of livestock; or 103
(xi) Any employee employed in planting or tending 104
trees, cruising, surveying or felling timber, or in preparing or 105
transporting logs or other forestry products to the mill, 106
processing plants, or railroad or other transportation terminal if 107
the number of employees employed by his or her employer in the 108
forestry or lumbering operations does not exceed eight (8). 109
(h) "Occupation" means any occupation, service, trade, 110
business, industry, or branch or group of industries or employment 111
or class of employment in which employees are gainfully employed. 112
(i) "Gratuities" means voluntary monetary contributions 113
received by an employee from a guest, patron or customer for 114
services rendered. 115
(j) "Man-day" means any day during any portion of which 116
an employee performs any agricultural labor. 117
SECTION 4. (1) Except as otherwise provided in this act, 118
every employer shall pay each of its employees a fair minimum wage 119
as provided in this section. 120
(2) The state minimum wage shall be as follows: 121
(a) Beginning January 1, 2027, the rate of not less 122
than Twelve Dollars ($12.00) per hour; and 123
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(b) Beginning January 1, 2029, the rate of not less 124
than Fifteen Dollars ($15.00) per hour. 125
(3) Whenever the highest federal minimum wage is increased, 126
the minimum wage established under this section shall be increased 127
to the amount of the federal minimum wage plus one-half of one 128
percent (1/2 of 1%) more than the federal rate, rounded to the 129
nearest whole cent, effective on the same date as the increase in 130
the highest federal minimum wage, and shall apply to all wage 131
orders and administrative regulations then in force. 132
(4) The rates for learners, beginners and persons under the 133
age of eighteen (18) years shall be not less than eighty-five 134
percent (85%) of the state minimum wage for the first two hundred 135
(200) hours of their employment and equal to the applicable state 136
minimum wage thereafter, except institutional training programs 137
specifically exempted by the director. 138
SECTION 5. Nothing in this act shall be deemed to interfere 139
with, impede, or in any way diminish the right of employers and 140
employees to bargain collectively through representatives of their 141
own choosing in order to establish wages or other conditions of 142
work. 143
SECTION 6. (1) Any employer who willfully: 144
(a) Hinders or delays the department or its authorized 145
representative in the performance of its duties in the enforcement 146
of this act; 147
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(b) Refuses to admit the department or its authorized 148
representative to any place of employment; 149
(c) Fails to make, keep and preserve any records as 150
required under the provisions of this act or to make the record 151
accessible to the department or its authorized representative upon 152
demand; 153
(d) Refuses to furnish a sworn statement of the record 154
or any other information required for the proper enforcement of 155
this act to the department or its authorized representative upon 156
demand; or 157
(e) Fails to post a summary of this act or a copy of 158
any applicable regulations as required by this act shall be deemed 159
in violation of this act and shall, upon conviction, be fined not 160
less than One Hundred Dollars ($100.00) nor more than Four Hundred 161
Dollars ($400.00). For the purposes of this subsection, each 162
violation shall constitute a separate offense. 163
(2) Any employer who pays or agrees to pay minimum wages at 164
a rate less than the rate applicable under this act shall be 165
guilty of a felony, and the employer shall: 166
(a) Be fined not less than Four Thousand Dollars 167
($4,000.00) nor more than Ten Thousand Dollars ($10,000.00) for 168
each offense if the total amount of all unpaid wages owed to an 169
employee is more than Two Thousand Dollars ($2,000.00); 170
(b) Be fined not less than Two Thousand Dollars 171
($2,000.00) nor more than Four Thousand Dollars ($4,000.00) or the 172
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agent or officer of the employer shall be imprisoned not more than 173
one (1) year, or both, for each offense if the total amount of all 174
unpaid wages owed to an employee is more than One Thousand Dollars 175
($1,000.00) but not more than Two Thousand Dollars ($2,000.00); 176
(c) Be fined not less than One Thousand Dollars 177
($1,000.00) nor more than Two Thousand Dollars ($2,000.00) or the 178
agent or officer of the employer shall be imprisoned not more than 179
six (6) months, or both, for each offense if the total amount of 180
all unpaid wages owed to an employee is more than Five Hundred 181
Dollars ($500.00) but not more than One Thousand Dollars 182
($1,000.00); or 183
(d) Be fined not less than Four Hundred Dollars 184
($400.00) nor more than One Thousand Dollars ($1,000.00) or the 185
agent or officer of the employer shall be imprisoned not more than 186
three (3) months, or both, for each offense if the total amount of 187
all unpaid wages owed to an employee is Five Hundred Dollars 188
($500.00) or less. 189
(3) Any employer who willfully discharges or in any other 190
manner willfully discriminates against any employee because: 191
(a) The employee has made any complaint to his or her 192
employer, to the department, or to the director or his or her 193
authorized representative that he or she has not been paid minimum 194
wages in accordance with the provisions of this act; 195
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(b) The employee has caused to be instituted or is 196
about to cause to be instituted any proceeding under or related to 197
this act; or 198
(c) The employee has testified or is about to testify 199
in any such proceeding, shall be deemed in violation of this act 200
and shall, upon conviction, be fined not more than One Hundred 201
Dollars ($100.00). 202
SECTION 7. (1) For any occupation, the department shall 203
make and revise any administrative regulations, including 204
definitions of terms, as it may deem appropriate to carry out the 205
purposes of this act or necessary to prevent the circumvention or 206
evasion of those purposes and to safeguard the minimum wage rates 207
established. 208
(2) The regulations may include, but are not limited to, 209
regulations governing: 210
(a) Outside or commission salespeople; 211
(b) Learners and apprentices, their number, proportion 212
or length of service; 213
(c) Part-time pay, bonuses or fringe benefits; 214
(d) Special pay for special or extra work; 215
(e) Permitted charges to employees or allowances for 216
board, lodging, apparel, or other facilities or services 217
customarily furnished by employers to employees; 218
(f) Allowances for gratuities; or 219
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(g) Allowances for other special conditions or 220
circumstances that may be usual in a particular employer/employee 221
relationship. 222
(3) Regulations or revisions issued by the department under 223
this section shall be made only after a public hearing, at which 224
any person may be heard by the department, at least ten (10) days 225
subsequent to publication of notice of the hearing in a newspaper 226
of general circulation throughout the State of Mississippi. 227
SECTION 8. The director or his or her authorized 228
representatives shall: 229
(a) Have authority to enter and inspect the place of 230
business or employment of any employer in the state for the 231
purpose of examining and inspecting any or all books, registers, 232
payrolls and other records of any employer that in any way relate 233
to or have a bearing upon the question of wages, hours or other 234
conditions of employment of any employees; copy any or all of the 235
books, registers, payrolls or other records as he or she may deem 236
necessary or appropriate; and question employees for the purpose 237
of ascertaining whether the provisions of this act and regulations 238
issued under this act have been and are being complied with; 239
(b) Have authority to require from the employer full 240
and correct statements in writing, including sworn statements, 241
with respect to wages, hours, names, addresses and any information 242
pertaining to his or her employees as the director or his or her 243
authorized representative may deem necessary or appropriate; 244
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(c) Publish all regulations made by the department; and 245
(d) Otherwise implement and enforce the regulations and 246
decisions of the department. 247
SECTION 9. (1) Except as otherwise provided in this 248
section, no employer shall employ any of his or her employees for 249
a workweek longer than forty (40) hours unless the employee 250
receives compensation for his or her employment in excess of the 251
hours above specified at a rate not less than one and one-half 252
(1-1/2) times the regular rate of pay at which he is employed. 253
(2) The provisions regarding the payment of wages at one and 254
one-half (1-1/2) times the regular rate of pay for overtime 255
services shall not be applicable with respect to agricultural 256
employees. 257
SECTION 10. (1) Every employer of an employee engaged in 258
any occupation in which gratuities have been customarily and 259
usually constituted and have been recognized as a part of 260
remuneration for hiring purposes shall be entitled to an allowance 261
for gratuities as a part of the hourly wage rate provided in 262
Section 4 of this act in an amount not to exceed fifty percent 263
(50%) of the minimum wage established by Section 4 of this act, 264
provided that the employee actually received that amount in 265
gratuities and that the application of the foregoing gratuity 266
allowances results in payment of wages other than gratuities to 267
tipped employees, including full-time students, subject to the 268
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provisions of this act, of not less than fifty percent (50%) of 269
the minimum wage prescribed by this act. 270
(2) In determining whether an employee received in 271
gratuities the amount claimed, the director may require the 272
employee to show to the satisfaction of the director that the 273
actual amount of gratuities received by him or her during any 274
workweek was less than the amount determined by the employer as 275
the amount by which the wage paid the employee was deemed to be 276
increased under this section. 277
SECTION 11. (1) Every employer subject to any provisions of 278
this act shall keep a summary of this act, approved by the 279
department, and copies of any applicable regulations issued under 280
this act posted in a conspicuous and accessible place in or about 281
the premises where any person subject to this act is employed. 282
(2) Employers shall be furnished copies of the summaries of 283
this statute and regulations by the director on request without 284
charge. 285
SECTION 12. (1) Every employer subject to any provision of 286
this act or of any regulation issued under this act shall make and 287
keep for a period of not less than three (3) years, in or about 288
the premises where any employee is employed, a record of the name, 289
address and occupation of each of his or her employees, the rate 290
of pay and the amount paid each pay period to each employee and 291
any other information as the department prescribes by regulation 292
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as necessary or appropriate for the enforcement of the provisions 293
of this act or of the regulations under this act. 294
(2) The records shall be open for inspection or 295
transcription by the director or his or her authorized 296
representative at any reasonable time. 297
(3) Every employer shall furnish to the director or to his 298
or her authorized representative on demand a sworn statement of 299
the records and information upon forms prescribed or approved by 300
the director. 301
SECTION 13. (1) Any employer who pays any employee less 302
than minimum wages to which the employee is entitled under or by 303
virtue of this act shall be liable to the employee affected for 304
the full amount of the wages, less any amount actually paid to the 305
employee by the employer, and for costs and reasonable attorney's 306
fees as may be allowed by the court. 307
(2) Any agreement between the employee and employer to work 308
for less than minimum wages shall be no defense to the action. 309
(3) The venue of the action shall lie in the circuit court 310
of any county in which the services which are the subject of the 311
employment were performed. 312
(4) The director shall have the authority to fully enforce 313
this act by instituting legal action to recover any wages which he 314
or she determines to be due to employees under this act. 315
SECTION 14. Section 17-1-51, Mississippi Code of 1972, is 316
amended as follows: 317
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17-1-51. (1) No county, board of supervisors of a county, 318
municipality or governing authority of a municipality is 319
authorized to establish a mandatory, minimum living wage rate 320
lower than the rate provided in Section 4 of this act, minimum 321
number of vacation or sick days, whether paid or unpaid, that 322
would regulate how a private employer pays its employees. Each 323
county, board of supervisors of a county, municipality or 324
governing authority of a municipality shall be prohibited from 325
establishing a mandatory, minimum living wage rate lower than the 326
rate provided in Section 4 of this act, minimum number of vacation 327
or sick days, whether paid or unpaid, that would regulate how a 328
private employer pays its employees. 329
(2) The Legislature finds that the prohibitions of 330
subsection (1) of this section are necessary to ensure an economic 331
climate conducive to new business development and job growth in 332
the State of Mississippi while protecting the health and 333
well-being of workers. * * * 334
* * * 335
( * * *3) The Legislature concludes from * * * this finding 336
that, in order for a business to remain competitive and yet 337
attract and retain the highest possible caliber of employees, and 338
thereby remain sound, an enterprise must work in * * * an 339
environment * * * that respects its workers and that encourages 340
the payment of fair minimum wage rates * * *. The net impact of 341
any local * * * wages * * * greater than the rate provided in 342
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Section 4 of this act will be economically * * * stable and create 343
a * * * rise and increase in the standard of living for the 344
citizens of the state. * * * 345
SECTION 15. Section 25-3-40, Mississippi Code of 1972, is 346
amended as follows: 347
25-3-40. On July 1, 1978, and each year thereafter, the 348
Mississippi Compensation Plan shall be amended to provide salary 349
increases in such amounts and percentages as might be recommended 350
by the Legislative Budget Office and as may be authorized by funds 351
appropriated by the Legislature for the purpose of granting 352
incentive salary increases as deemed possible dependent upon the 353
availability of general and special funds. 354
It is hereby declared to be the intent of the Mississippi 355
Legislature to implement the minimum wage as enacted by statutory 356
law of the United States Congress subject to funds being available 357
for that purpose. It is further the intent of the Legislature to 358
implement the state minimum wage as provided in Section 4 of this 359
act. It is the intent and purpose of this section to maximize 360
annual salary increases consistent with the availability of funds 361
as might be determined by the Mississippi Legislature at its 362
regular annual session and that all salary increases hereafter be 363
made consistent with the provisions of this section. 364
SECTION 16. Section 85-3-4, Mississippi Code of 1972, is 365
amended as follows: 366
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85-3-4. (1) The wages, salaries or other compensation of 367
laborers or employees, residents of this state, shall be exempt 368
from seizure under attachment, execution or garnishment for a 369
period of thirty (30) days from the date of service of any writ of 370
attachment, execution or garnishment. 371
(2) After the passage of the period of thirty (30) days 372
described in subsection (1) of this section, the maximum part of 373
the aggregate disposable earnings (as defined by Section 1672(b) 374
of Title 15, USCS) of an individual that may be levied by 375
attachment, execution or garnishment shall be: 376
(a) In the case of earnings for any workweek, the 377
lesser amount of either * * *: 378
(i) Twenty-five percent (25%) of his disposable 379
earnings for that week, or 380
(ii) The amount by which his disposable earnings 381
for that week exceed thirty (30) times the federal minimum hourly 382
wage (prescribed by Section 206 (a)(1) of Title 29, USCS) in 383
effect at the time the earnings are payable; or 384
(b) In the case of earnings for any period other than a 385
week, the amount by which his disposable earnings exceed the 386
following "multiple" of the federal minimum hourly wage which is 387
equivalent in effect to that set forth in paragraph (a)(ii) of 388
this subsection (2): The number of workweeks, or fractions 389
thereof multiplied by thirty (30) multiplied by the applicable 390
federal minimum wage. 391
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(3) (a) The restrictions of subsections (1) and (2) of this 392
section do not apply in the case of: 393
(i) Any order for the support of any person issued 394
by a court of competent jurisdiction or in accordance with an 395
administrative procedure, which is established by state law, which 396
affords substantial due process, and which is subject to judicial 397
review. 398
(ii) Any debt due for any state or local tax. 399
(b) Except as provided in subparagraph * * * (iii) of 400
this * * * paragraph (b), the maximum part of the aggregate 401
disposable earnings of an individual for any workweek which is 402
subject to garnishment to enforce any order for the support of any 403
person shall not exceed: 404
(i) Where such individual is supporting his spouse 405
or dependent child (other than a spouse or child with respect to 406
whose support such order is used), fifty percent (50%) of such 407
individual's disposable earnings for that week; and 408
(ii) Where such individual is not supporting such 409
a spouse or dependent child described in subparagraph * * * (i) of 410
this * * * paragraph (b), sixty percent (60%) of such individual's 411
disposable earnings for that week; 412
(iii) With respect to the disposable earnings of 413
any individual for that workweek, the fifty percent (50%) 414
specified in subparagraph * * * (i) of this * * * paragraph (b) 415
shall be deemed to be fifty-five percent (55%) and the sixty 416
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percent (60%) specified in subparagraph * * * (ii) of this * * * 417
paragraph (b) shall be deemed to be sixty-five percent (65%), if 418
and to the extent that such earnings are subject to garnishment to 419
enforce a support order with respect to a period which is prior to 420
the period of twelve (12) weeks which ends with the beginning of 421
such workweek. 422
SECTION 17. Section 97-3-54.4, Mississippi Code of 1972, is 423
amended as follows: 424
97-3-54.4. For the purposes of the Mississippi Human 425
Trafficking Act the following words and phrases shall have the 426
meanings ascribed herein unless the context clearly requires 427
otherwise: 428
(a) "Act" or "this act" means the Mississippi Human 429
Trafficking Act. 430
(b) "Actor" means a person who violates any of the 431
provisions of Sections 97-3-54 through 97-3-54.4. 432
(c) "Blackmail" means obtaining property or things of 433
value of another by threatening to (i) inflict bodily injury on 434
anyone; or (ii) commit any other criminal offense. 435
(d) "Coerce" or "coercion" means: 436
(i) Causing or threatening to cause bodily harm to 437
any person, physically restraining or confining any person, or 438
threatening to physically restrain or confine any person; 439
(ii) Exposing or threatening to expose any fact or 440
information or disseminating or threatening to disseminate any 441
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fact or information that would tend to subject a person to 442
criminal or immigration proceedings, hatred, contempt or ridicule; 443
(iii) Destroying, concealing, removing, 444
confiscating or possessing any actual or purported passport or 445
other immigration document, or any other actual or purported 446
government identification document of any person; 447
(iv) Providing a controlled substance to a person 448
for the purpose of compelling the person to engage in labor or 449
sexual servitude against the person's will; 450
(v) Causing or threatening to cause financial harm 451
to any person or using financial control over any person; 452
(vi) Abusing or threatening to abuse a position of 453
power, the law, or legal process; 454
(vii) Using blackmail; 455
(viii) Using an individual's personal services as 456
payment or satisfaction of a real or purported debt when: 1. the 457
reasonable value of the services is not applied toward the 458
liquidation of the debt; 2. the length of the services is not 459
limited and the nature of the services is not defined; 3. the 460
principal amount of the debt does not reasonably reflect the value 461
of the items or services for which the debt is incurred; or 4. the 462
individual is prevented from acquiring accurate and timely 463
information about the disposition of the debt; or 464
(ix) Using any scheme, plan or pattern of conduct 465
intended to cause any person to believe that, if the person did 466
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not perform the labor or services, that the person or another 467
person would suffer serious harm or physical restraint. 468
(e) "Commercial sexual activity" means any sex act on 469
account of which anything of value is given to, promised to, or 470
received by any person. 471
(f) "Enterprise" means any individual, sole 472
proprietorship, partnership, corporation, union or other legal 473
entity, or any association or group of individuals associated in 474
fact regardless of whether a legal entity has been formed pursuant 475
to any state, federal or territorial law. It includes illicit as 476
well as licit enterprises and governmental as well as other 477
entities. 478
(g) "Financial harm" includes, but is not limited to, 479
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 480
or violation of the usury law as defined by Chapter 17, Title 481
75, * * * Mississippi Code of 1972. 482
(h) "Forced labor or services" means labor or services 483
that are performed or provided by another person and are obtained 484
or maintained through coercion. 485
(i) "Labor" means work of economic or financial value. 486
(j) "Maintain" means, in relation to labor or services, 487
to secure continued performance thereof, regardless of any initial 488
agreement on the part of the trafficked person to perform such 489
labor or service. 490
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(k) "Minor" means a person under the age of eighteen 491
(18) years. 492
(l) "Obtain" means, in relation to labor or services, 493
to secure performance thereof. 494
(m) "Pecuniary damages" means any of the following: 495
(i) The greater of the gross income or value to 496
the defendant of the victim's labor or services, including sexual 497
services, not reduced by the expense the defendant incurred as a 498
result of maintaining the victim, or the value of the victim's 499
labor or services calculated under the minimum wage and overtime 500
provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 501
seq., whichever is higher; 502
(ii) If it is not possible or in the best interest 503
of the victim to compute a value under subparagraph (i) of this 504
paragraph (m), the equivalent of the value of the victim's labor 505
or services if the victim had provided labor or services that were 506
subject to the minimum wage and overtime provisions of the Fair 507
Labor Standards Act, 29 USCS 201 et seq.; 508
(iii) Costs and expenses incurred by the victim as 509
a result of the offense for: 510
1. Medical services; 511
2. Therapy or psychological counseling; 512
3. Temporary housing; 513
4. Transportation; 514
5. Childcare; 515
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6. Physical and occupational therapy or 516
rehabilitation; 517
7. Funeral, interment, and burial services; 518
reasonable attorney's fees and other legal costs; and 519
8. Other expenses incurred by the victim. 520
(n) "Serious harm" means harm, whether physical or 521
nonphysical, including psychological, economic or reputational, to 522
an individual that would compel a reasonable person in similar 523
circumstances as the individual to perform or continue to perform 524
labor or services to avoid incurring the harm. 525
(o) "Services" means an ongoing relationship between a 526
person and the actor in which the person performs activities under 527
the supervision of or for the benefit of the actor or a third 528
party and includes, without limitation, commercial sexual 529
activity, sexually explicit performances, or the production of 530
sexually explicit materials. 531
(p) "Sexually explicit performance" means a live or 532
public act or show intended to arouse or satisfy the sexual 533
desires or appeal to the prurient interests of patrons. 534
(q) "Trafficked person" means a person subjected to the 535
practices prohibited by this act regardless of whether a 536
perpetrator is identified, apprehended, prosecuted or convicted, 537
and is a term used interchangeably with the terms "victim," 538
"victim of trafficking" and "trafficking victim." 539
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(r) "Venture" means any group of two (2) or more 540
individuals associated in fact, whether or not a legal entity. 541
(s) "Sexually oriented material" shall have the meaning 542
ascribed in Section 97-5-27, Mississippi Code of 1972. 543
SECTION 18. Section 7-7-204, Mississippi Code of 1972, is 544
brought forward as follows: 545
7-7-204. (1) Within the limits of the funds available to 546
the Office of the State Auditor for such purpose, the State 547
Auditor may grant a paid internship to students pursuing junior or 548
senior undergraduate-level year coursework toward a bachelor's 549
degree in accounting or graduate-level coursework toward a 550
master's degree in accounting. Those applicants deemed qualified 551
shall receive funds that may be used to pay for tuition, books and 552
related fees to pursue their degree. It is the intent of the 553
Legislature that the paid internship program (hereinafter referred 554
to as the program) shall be used as an incentive for accounting 555
students to develop job-related skills and to encourage accounting 556
careers at the Office of the State Auditor. 557
(2) In order to be eligible for the program, an applicant 558
must: 559
(a) Attend any college or school approved and 560
designated by the Office of the State Auditor. 561
(b) Satisfy the following conditions: 562
(i) Undergraduate stipulations: Applicants must 563
have successfully obtained a minimum of fifty-eight (58) semester 564
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hours toward a bachelor of science degree in accounting from a 565
Mississippi institution of higher learning. 566
Applicants must have achieved a minimum grade point average 567
(GPA) on the previously obtained semester hours toward a bachelor 568
of science degree in accounting of 3.0 on a 4.0 scale. 569
If accepted into the program, participants shall maintain a 570
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 571
counted toward a bachelor of science degree in accounting. 572
(ii) Graduate stipulations: Applicants must have 573
met the regular admission standards and have been accepted into 574
the master of science accounting program at a Mississippi 575
institution of higher learning. 576
If accepted into the program, participants shall maintain a 577
minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 578
counted toward a master of science degree in accounting. 579
(c) All program participants will be required to work a 580
total of three hundred thirty-six (336) hours each summer at the 581
Office of the State Auditor in Jackson, Mississippi. 582
(d) Agree to work as an auditor at the Office of the 583
State Auditor upon graduation for a period of time equivalent to 584
the period of time for which the applicant receives compensation, 585
calculated to the nearest whole month, but in no event less than 586
two (2) years. 587
(3) (a) Before being placed into the program, each 588
applicant shall enter into a contract with the Office of the State 589
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Auditor, which shall be deemed a contract with the State of 590
Mississippi, agreeing to the terms and conditions upon which the 591
internship shall be granted to him. The contract shall include 592
such terms and provisions necessary to carry out the full purpose 593
and intent of this section. The form of such contract shall be 594
prepared and approved by the Attorney General of this state, and 595
shall be signed by the State Auditor of the Office of the State 596
Auditor and the participant. 597
(b) Upon entry into the program, participants will 598
become employees of the Office of the State Auditor during their 599
time in the program and shall be eligible for benefits such as 600
medical insurance paid by the agency for the participant; however, 601
in accordance with Section 25-11-105II(b), those participants 602
shall not become members of the Public Employees' Retirement 603
System while participating in the program. Participants shall not 604
accrue personal or major medical leave while they are in the 605
program. 606
(c) The Office of the State Auditor shall have the 607
authority to cancel any contract made between it and any program 608
participant upon such cause being deemed sufficient by the State 609
Auditor. 610
(d) The Office of the State Auditor is vested with full 611
and complete authority and power to sue in its own name any 612
participant for any damages due the state on any such uncompleted 613
contract, which suit shall be filed and handled by the Attorney 614
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General of the state. The Office of the State Auditor may 615
contract with a collection agency or banking institution, subject 616
to approval by the Attorney General, for collection of any damages 617
due the state from any participant. The State of Mississippi, the 618
Office of the State Auditor and its employees are immune from any 619
suit brought in law or equity for actions taken by the collection 620
agency or banking institution incidental to or arising from their 621
performance under the contract. The Office of the State Auditor, 622
collection agency and banking institution may negotiate for the 623
payment of a sum that is less than full payment in order to 624
satisfy any damages the participant owes the state, subject to 625
approval by the director of the sponsoring facility within the 626
Office of the State Auditor. 627
(4) (a) Any recipient who is accepted into the program by 628
the Mississippi Office of the State Auditor and who fails to 629
complete undergraduate- or graduate-level coursework toward a 630
degree in accounting, or withdraws from school at any time before 631
completing his or her education, shall be liable to repay the 632
Office of the State Auditor for all monies received during the 633
time the recipient was in the program, at the rate of pay received 634
by the employee while in the program, including benefits paid by 635
the agency for the participant, and monies received for tuition, 636
books and related fees used to pursue their degree with interest 637
accruing at ten percent (10%) per annum from the date the 638
recipient failed or withdrew from school. The recipient also will 639
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not be liable for repayment for any money earned during the 640
required summer hours. This money shall be considered earned by 641
the recipient at the federal minimum wage rate. 642
(b) All paid internship compensation received by the 643
recipient while in school shall be considered earned conditioned 644
upon the fulfillment of the terms and obligations of the paid 645
internship contract and this section. However, no recipient of 646
the paid internship shall accrue personal or major medical leave 647
while the recipient is pursuing junior or senior 648
undergraduate-level year coursework toward a bachelor's degree in 649
accounting or graduate-level coursework toward a master's degree 650
in accounting. The recipient shall not be liable for liquidated 651
damages. 652
(c) If the recipient does not work as an auditor at the 653
Office of the State Auditor for the period required under 654
subsection (2)(d) of this section, the recipient shall be liable 655
for repayment on demand of the remaining portion of the 656
compensation that the recipient was paid while in the program 657
which has not been unconditionally earned, with interest accruing 658
at ten percent (10%) per annum from the recipient's date of 659
graduation or the date that the recipient last worked at the 660
Office of the State Auditor, whichever is the later date. In 661
addition, there shall be included in any contract for paid student 662
internship a provision for liquidated damages equal to Five 663
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Thousand Dollars ($5,000.00) which may be reduced on a pro rata 664
basis for each year served under such contract. 665
SECTION 19. Section 23-15-239, Mississippi Code of 1972, is 666
brought forward as follows: 667
23-15-239. (1) The executive committee of each county, in 668
the case of a primary election, or the election commissioners of 669
each county, in the case of all other elections, in conjunction 670
with the circuit clerk, shall, in the years in which counties 671
conduct an election, sponsor and conduct, not less than five (5) 672
days before each election, not less than four (4) hours and not 673
more than eight (8) hours of poll manager training to instruct 674
poll managers as to their duties in the proper administration of 675
the election and the operation of the polling place. Any poll 676
manager who completes the online training course provided by the 677
Secretary of State shall only be required to complete two (2) 678
hours of in-person poll manager training. No poll manager shall 679
serve in any election unless he or she has received these 680
instructions once during the twelve (12) months immediately 681
preceding the date upon which the election is held; however, 682
nothing in this section shall prevent the appointment of an 683
alternate poll manager to fill a vacancy in case of an emergency. 684
The county executive committee or the election commissioners, as 685
appropriate, shall train a sufficient number of alternates to 686
serve in the event a poll manager is unable to serve for any 687
reason. 688
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(2) (a) If it is eligible under Section 23-15-266, the 689
county executive committee may enter into a written agreement with 690
the circuit clerk or the county election commission authorizing 691
the circuit clerk or the county election commission to perform any 692
of the duties required of the county executive committee pursuant 693
to this section. Any agreement entered into pursuant to this 694
subsection shall be signed by the chair of the county executive 695
committee and the circuit clerk or the chair of the county 696
election commission, as appropriate. The county executive 697
committee shall notify the state executive committee and the 698
Secretary of State of the existence of the agreement. 699
(b) If it is eligible under Section 23-15-266, the 700
municipal executive committee may enter into a written agreement 701
with the municipal clerk or the municipal election commission 702
authorizing the municipal clerk or the municipal election 703
commission to perform any of the duties required of the municipal 704
executive committee pursuant to this section. Any agreement 705
entered into pursuant to this subsection shall be signed by the 706
chair of the municipal executive committee and the municipal clerk 707
or the chair of the municipal election commission, as appropriate. 708
The municipal executive committee shall notify the state executive 709
committee and the Secretary of State of the existence of the 710
agreement. 711
(3) The board of supervisors and the municipal governing 712
authority, in their discretion, may compensate poll managers who 713
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attend these training sessions. The compensation shall be at a 714
rate of not less than the federal hourly minimum wage and not more 715
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 716
compensated for more than sixteen (16) hours of attendance at the 717
training sessions regardless of the actual amount of time that 718
they attended the training sessions. 719
(4) The time and location of the training sessions required 720
pursuant to this section shall be announced to the general public 721
by posting a notice thereof at the courthouse and by delivering a 722
copy of the notice to the office of a newspaper having general 723
circulation in the county five (5) days before the date upon which 724
the training session is to be conducted. Persons who will serve 725
as poll watchers for candidates and political parties, as well as 726
members of the general public, shall be allowed to attend the 727
sessions. 728
(5) Subject to the following annual limitations, the 729
election commissioners shall be entitled to receive a per diem in 730
the amount of One Hundred Ten Dollars ($110.00), to be paid from 731
the county general fund, for every day or period of no less than 732
five (5) hours accumulated over two (2) or more days actually 733
employed in the performance of their duties for the necessary time 734
spent in conducting training sessions as required by this section: 735
(a) In counties having less than fifteen thousand 736
(15,000) residents according to the latest federal decennial 737
census, not more than five (5) days per year; 738
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(b) In counties having fifteen thousand (15,000) 739
residents according to the latest federal decennial census but 740
less than thirty thousand (30,000) residents according to the 741
latest federal decennial census, not more than eight (8) days per 742
year; 743
(c) In counties having thirty thousand (30,000) 744
residents according to the latest federal decennial census but 745
less than seventy thousand (70,000) residents according to the 746
latest federal decennial census, not more than ten (10) days per 747
year; 748
(d) In counties having seventy thousand (70,000) 749
residents according to the latest federal decennial census but 750
less than ninety thousand (90,000) residents according to the 751
latest federal decennial census, not more than twelve (12) days 752
per year; 753
(e) In counties having ninety thousand (90,000) 754
residents according to the latest federal decennial census but 755
less than one hundred seventy thousand (170,000) residents 756
according to the latest federal decennial census, not more than 757
fifteen (15) days per year; 758
(f) In counties having one hundred seventy thousand 759
(170,000) residents according to the latest federal decennial 760
census but less than two hundred thousand (200,000) residents 761
according to the latest federal decennial census, not more than 762
eighteen (18) days per year; 763
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(g) In counties having two hundred thousand (200,000) 764
residents according to the latest federal decennial census but 765
less than two hundred twenty-five thousand (225,000) residents 766
according to the latest federal decennial census, not more than 767
nineteen (19) days per year; 768
(h) In counties having two hundred twenty-five thousand 769
(225,000) residents or more according to the latest federal 770
decennial census, not more than twenty-two (22) days per year. 771
(6) Election commissioners shall claim the per diem 772
authorized in subsection (5) of this section in the manner 773
provided for in Section 23-15-153(6). 774
(7) (a) To provide poll manager training, the Secretary of 775
State has developed a single, comprehensive poll manager training 776
program to ensure uniform, secure elections throughout the state. 777
The program includes online training on all state and federal 778
election laws and procedures and voting machine opening and 779
closing procedures. 780
(b) County poll managers who individually access and 781
complete the online training program, including all skills 782
assessments, at least five (5) days before an election shall be 783
defined as "certified poll managers," and entitled to a 784
"Certificate of Completion." 785
(c) At least one (1) certified poll manager shall be 786
appointed by the county election officials to work in each polling 787
place in the county during each general election. 788
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SECTION 20. Section 37-7-307, Mississippi Code of 1972, is 789
brought forward as follows: 790
37-7-307. (1) For purposes of this section, the term 791
"licensed employee" means any employee of a public school district 792
required to hold a valid license by the Commission on Teacher and 793
Administrator Education, Certification and Licensure and 794
Development. 795
(2) The school board of a school district shall establish by 796
rules and regulations a policy of sick leave with pay for licensed 797
employees and teacher assistants employed in the school district, 798
and such policy shall include the following minimum provisions for 799
sick and emergency leave with pay: 800
(a) Each licensed employee and teacher assistant, at 801
the beginning of each school year, shall be credited with a 802
minimum sick leave allowance, with pay, of seven (7) days for 803
absences caused by illness or physical disability of the employee 804
during that school year. 805
(b) Any unused portion of the total sick leave 806
allowance shall be carried over to the next school year and 807
credited to such licensed employee and teacher assistant if the 808
licensed employee or teacher assistant remains employed in the 809
same school district. In the event any public school licensed 810
employee or teacher assistant transfers from one public school 811
district in Mississippi to another, any unused portion of the 812
total sick leave allowance credited to such licensed employee or 813
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teacher assistant shall be credited to such licensed employee or 814
teacher assistant in the computation of unused leave for 815
retirement purposes under Section 25-11-109. Accumulation of sick 816
leave allowed under this section shall be unlimited. 817
(c) No deduction from the pay of such licensed employee 818
or teacher assistant may be made because of absence of such 819
licensed employee or teacher assistant caused by illness or 820
physical disability of the licensed employee or teacher assistant 821
until after all sick leave allowance credited to such licensed 822
employee or teacher assistant has been used. 823
(d) For the first ten (10) days of absence of a 824
licensed employee because of illness or physical disability, in 825
any school year, in excess of the sick leave allowance credited to 826
such licensed employee, there shall be deducted from the pay of 827
such licensed employee the established substitute amount of 828
licensed employee compensation paid in that local school district, 829
necessitated because of the absence of the licensed employee as a 830
result of illness or physical disability. In lieu of deducting 831
the established substitute amount from the pay of such licensed 832
employee, the policy may allow the licensed employee to receive 833
full pay for the first ten (10) days of absence because of illness 834
or physical disability, in any school year, in excess of the sick 835
leave allowance credited to such licensed employee. Thereafter, 836
the regular pay of such absent licensed employee shall be 837
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suspended and withheld in its entirety for any period of absence 838
because of illness or physical disability during that school year. 839
(3) (a) Beginning with the school year 1983-1984, each 840
licensed employee at the beginning of each school year shall be 841
credited with a minimum personal leave allowance, with pay, of two 842
(2) days for absences caused by personal reasons during that 843
school year. Effective for the 2010-2011 and 2011-2012 school 844
years, licensed employees shall be credited with an additional 845
one-half (1/2) day of personal leave for every day the licensed 846
employee is furloughed without pay as provided in Section 847
37-7-308. Except as otherwise provided in paragraph (b) of this 848
subsection, such personal leave shall not be taken on the first 849
day of the school term, the last day of the school term, on a day 850
previous to a holiday or a day after a holiday. Personal leave 851
may be used for professional purposes, including absences caused 852
by attendance of such licensed employee at a seminar, class, 853
training program, professional association or other functions 854
designed for educators. No deduction from the pay of such 855
licensed employee may be made because of absence of such licensed 856
employee caused by personal reasons until after all personal leave 857
allowance credited to such licensed employee has been used. 858
However, the superintendent of a school district, in his 859
discretion, may allow a licensed employee personal leave in 860
addition to any minimum personal leave allowance, under the 861
condition that there shall be deducted from the salary of such 862
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licensed employee the actual amount of any compensation paid to 863
any person as a substitute, necessitated because of the absence of 864
the licensed employee. Any unused portion of the total personal 865
leave allowance up to five (5) days shall be carried over to the 866
next school year and credited to such licensed employee if the 867
licensed employee remains employed in the same school district. 868
Any personal leave allowed for a furlough day shall not be carried 869
over to the next school year. 870
(b) Notwithstanding the restrictions on the use of 871
personal leave prescribed under paragraph (a) of this subsection, 872
a licensed employee may use personal leave as follows: 873
(i) Personal leave may be taken on the first day 874
of the school term, the last day of the school term, on a day 875
previous to a holiday or a day after a holiday if, on the 876
applicable day, an immediate family member of the employee is 877
being deployed for military service. 878
(ii) Personal leave may be taken on a day previous 879
to a holiday or a day after a holiday if an employee of a school 880
district has either a minimum of ten (10) years' experience as an 881
employee of that school district or a minimum of thirty (30) days 882
of unused accumulated leave that has been earned while employed in 883
that school district. 884
(iii) Personal leave may be taken on the first day 885
of the school term, the last day of the school term, on a day 886
previous to a holiday or a day after a holiday if, on the 887
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applicable day, the employee has been summoned to appear for jury 888
duty or as a witness in court. 889
(iv) Personal leave may be taken on the first day 890
of the school term, the last day of the school term, on a day 891
previous to a holiday or a day after a holiday if, on the 892
applicable day, an immediate family member of the employee dies or 893
funeral services are held. Any day of the three (3) bereavement 894
days may be used at the discretion of the teacher, and are not 895
required to be taken in consecutive succession. 896
For the purpose of this subsection (3), the term "immediate 897
family member" means spouse, parent, stepparent, child or 898
stepchild, grandparent or sibling, including a stepbrother or 899
stepsister. 900
(4) Beginning with the school year 1992-1993, each licensed 901
employee shall be credited with a professional leave allowance, 902
with pay, for each day of absence caused by reason of such 903
employee's statutorily required membership and attendance at a 904
regular or special meeting held within the State of Mississippi of 905
the State Board of Education, the Commission on Teacher and 906
Administrator Education, Certification and Licensure and 907
Development, the Commission on School Accreditation, the 908
Mississippi Authority for Educational Television, the meetings of 909
the state textbook rating committees or other meetings authorized 910
by local school board policy. 911
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(5) Upon retirement from employment, each licensed and 912
nonlicensed employee shall be paid for not more than thirty (30) 913
days of unused accumulated leave earned while employed by the 914
school district in which the employee is last employed. Such 915
payment for licensed employees shall be made by the school 916
district at a rate equal to the amount paid to substitute teachers 917
and for nonlicensed employees, the payment shall be made by the 918
school district at a rate equal to the federal minimum wage. The 919
payment shall be treated in the same manner for retirement 920
purposes as a lump-sum payment for personal leave as provided in 921
Section 25-11-103(f). Any remaining lawfully credited unused 922
leave, for which payment has not been made, shall be certified to 923
the Public Employees' Retirement System in the same manner and 924
subject to the same limitations as otherwise provided by law for 925
unused leave. No payment for unused accumulated leave may be made 926
to either a licensed or nonlicensed employee at termination or 927
separation from service for any purpose other than for the purpose 928
of retirement. 929
(6) The school board may adopt rules and regulations which 930
will reasonably aid to implement the policy of sick and personal 931
leave, including, but not limited to, rules and regulations having 932
the following general effect: 933
(a) Requiring the absent employee to furnish the 934
certificate of a physician or dentist or other medical 935
practitioner as to the illness of the absent licensed employee, 936
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where the absence is for four (4) or more consecutive school days, 937
or for two (2) consecutive school days immediately preceding or 938
following a nonschool day; 939
(b) Providing penalties, by way of full deduction from 940
salary, or entry on the work record of the employee, or other 941
appropriate penalties, for any materially false statement by the 942
employee as to the cause of absence; 943
(c) Forfeiture of accumulated or future sick leave, if 944
the absence of the employee is caused by optional dental or 945
medical treatment or surgery which could, without medical risk, 946
have been provided, furnished or performed at a time when school 947
was not in session; 948
(d) Enlarging, increasing or providing greater sick or 949
personal leave allowances than the minimum standards established 950
by this section in the discretion of the school board of each 951
school district. 952
(7) School boards may include in their budgets provisions 953
for the payment of substitute employees, necessitated because of 954
the absence of regular licensed employees. All such substitute 955
employees shall be paid wholly from district funds. Such school 956
boards, in their discretion, also may pay, from district funds 957
other than the total funding formula funds provided for in 958
Sections 37-151-200 through 37-151-215, the whole or any part of 959
the salaries of all employees granted leaves for the purpose of 960
special studies or training. 961
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(8) The school board may further adopt rules and regulations 962
which will reasonably implement such leave policies for all other 963
nonlicensed and hourly paid school employees as the board deems 964
appropriate. Effective for the 2010-2011 and 2011-2012 school 965
years, nonlicensed employees shall be credited with an additional 966
one-half (1/2) day of personal leave for every day the nonlicensed 967
employee is furloughed without pay as provided in Section 968
37-7-308. 969
(9) Vacation leave granted to either licensed or nonlicensed 970
employees shall be synonymous with personal leave. Unused 971
vacation or personal leave accumulated by licensed employees in 972
excess of the maximum five (5) days which may be carried over from 973
one year to the next may be converted to sick leave. The annual 974
conversion of unused vacation or personal leave to sick days for 975
licensed or unlicensed employees shall not exceed the allowable 976
number of personal leave days as provided in Section 25-3-93. The 977
annual total number of converted unused vacation and/or personal 978
days added to the annual unused sick days for any employee shall 979
not exceed the combined allowable number of days per year provided 980
in Sections 25-3-93 and 25-3-95. Local school board policies that 981
provide for vacation, personal and sick leave for employees shall 982
not exceed the provisions for leave as provided in Sections 983
25-3-93 and 25-3-95. Any personal or vacation leave previously 984
converted to sick leave under a lawfully adopted policy before May 985
1, 2004, or such personal or vacation leave accumulated and 986
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available for use prior to May 1, 2004, under a lawfully adopted 987
policy but converted to sick leave after May 1, 2004, shall be 988
recognized as accrued leave by the local school district and 989
available for use by the employee. The leave converted under a 990
lawfully adopted policy prior to May 1, 2004, or such personal and 991
vacation leave accumulated and available for use as of May 1, 992
2004, which was subsequently converted to sick leave may be 993
certified to the Public Employees' Retirement System upon 994
termination of employment and any such leave previously converted 995
and certified to the Public Employees' Retirement System shall be 996
recognized. 997
(10) (a) For the purposes of this subsection, the following 998
words and phrases shall have the meaning ascribed in this 999
paragraph unless the context requires otherwise: 1000
(i) "Catastrophic injury or illness" means a 1001
life-threatening injury or illness of an employee or a member of 1002
an employee's immediate family that totally incapacitates the 1003
employee from work, as verified by a licensed physician, and 1004
forces the employee to exhaust all leave time earned by that 1005
employee, resulting in the loss of compensation from the local 1006
school district for the employee. Conditions that are short-term 1007
in nature, including, but not limited to, common illnesses such as 1008
influenza and the measles, and common injuries, are not 1009
catastrophic. Chronic illnesses or injuries, such as cancer or 1010
major surgery, that result in intermittent absences from work and 1011
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that are long-term in nature and require long recuperation periods 1012
may be considered catastrophic. 1013
(ii) "Immediate family" means spouse, parent, 1014
stepparent, sibling, child or stepchild, grandparent, stepbrother 1015
or stepsister. 1016
(b) Any school district employee may donate a portion 1017
of his or her unused accumulated personal leave or sick leave to 1018
another employee of the same school district who is suffering from 1019
a catastrophic injury or illness or who has a member of his or her 1020
immediate family suffering from a catastrophic injury or illness, 1021
in accordance with the following: 1022
(i) The employee donating the leave (the "donor 1023
employee") shall designate the employee who is to receive the 1024
leave (the "recipient employee") and the amount of unused 1025
accumulated personal leave and sick leave that is to be donated, 1026
and shall notify the school district superintendent or his 1027
designee of his or her designation. 1028
(ii) The maximum amount of unused accumulated 1029
personal leave that an employee may donate to any other employee 1030
may not exceed a number of days that would leave the donor 1031
employee with fewer than seven (7) days of personal leave 1032
remaining, and the maximum amount of unused accumulated sick leave 1033
that an employee may donate to any other employee may not exceed 1034
fifty percent (50%) of the unused accumulated sick leave of the 1035
donor employee. 1036
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(iii) An employee must have exhausted all of his 1037
or her available leave before he or she will be eligible to 1038
receive any leave donated by another employee. Eligibility for 1039
donated leave shall be based upon review and approval by the donor 1040
employee's supervisor. 1041
(iv) Before an employee may receive donated leave, 1042
he or she must provide the school district superintendent or his 1043
designee with a physician's statement that states that the illness 1044
meets the catastrophic criteria established under this section, 1045
the beginning date of the catastrophic injury or illness, a 1046
description of the injury or illness, and a prognosis for recovery 1047
and the anticipated date that the recipient employee will be able 1048
to return to work. 1049
(v) Before an employee may receive donated leave, 1050
the superintendent of education of the school district shall 1051
appoint a review committee to approve or disapprove the said 1052
donations of leave, including the determination that the illness 1053
is catastrophic within the meaning of this section. 1054
(vi) If the total amount of leave that is donated 1055
to any employee is not used by the recipient employee, the whole 1056
days of donated leave shall be returned to the donor employees on 1057
a pro rata basis, based on the ratio of the number of days of 1058
leave donated by each donor employee to the total number of days 1059
of leave donated by all donor employees. 1060
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(vii) Donated leave shall not be used in lieu of 1061
disability retirement. 1062
(11) Effective January 1, 2020, the provisions of this 1063
section shall be fully applicable to any licensed employee of the 1064
Mississippi School of the Arts (MSA). 1065
SECTION 21. Section 37-33-175, Mississippi Code of 1972, is 1066
brought forward as follows: 1067
37-33-175. (1) Within the limits of the funds available to 1068
the Mississippi Department of Rehabilitation Services for such 1069
purpose, the Executive Director may grant a paid internship to 1070
students pursuing junior or senior undergraduate-level year 1071
coursework toward a bachelor's degree in a program that qualifies 1072
the individual to qualify to become a rehabilitation specialist or 1073
a benefit program specialist within the Mississippi Department of 1074
Rehabilitation Services. Those applicants deemed qualified shall 1075
receive funds that may be used to pay for tuition, books and 1076
related fees to pursue their degree. It is the intent of the 1077
Legislature that the paid internship program (hereinafter referred 1078
to as the "program") shall be used as an incentive for students to 1079
develop job-related skills and to encourage careers as 1080
rehabilitation specialists or benefits programs specialists at the 1081
Mississippi Department of Rehabilitation Services. 1082
(2) In order to be eligible for the program, an applicant 1083
must: 1084
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(a) Attend any college or school approved and 1085
designated by the Mississippi Department of Rehabilitation 1086
Services. 1087
(b) Have successfully obtained a minimum of fifty-eight 1088
(58) semester hours toward a bachelor's degree in an eligible 1089
field as determined by the Mississippi Department of 1090
Rehabilitation Services from a Mississippi institution of higher 1091
learning. Applicants must have achieved a minimum Grade Point 1092
Average (GPA) on these semester hours of 3.0 on a 4.0 scale. If 1093
accepted into the internship program, participants shall maintain 1094
a minimum cumulative GPA of 3.0 on a 4.0 scale in all coursework 1095
counted toward a bachelor's degree in an eligible field as 1096
determined by the Mississippi Department of Rehabilitation 1097
Services. 1098
(c) Work at least a total of three hundred (300) hours 1099
each summer at a Mississippi Department of Rehabilitation 1100
Services' (MDRS) offices that is mutually agreed upon between MDRS 1101
and the respective intern. 1102
(d) Agree to work as a rehabilitation specialist or a 1103
benefit program specialist at the Mississippi Department of 1104
Rehabilitation Services upon graduation for a period of time 1105
equivalent to one (1) year for each semester the Mississippi 1106
Department of Rehabilitation Services remits payment for tuition, 1107
books and/or related fees towards a bachelors degree in an 1108
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eligible field as determined by the Mississippi Department of 1109
Rehabilitation Services. 1110
(3) (a) Before being placed into the program, each 1111
applicant shall enter into a contract with the Mississippi 1112
Department of Rehabilitation Services, which shall be deemed a 1113
contract with the State of Mississippi, agreeing to the terms and 1114
conditions upon which the internship shall be granted to him or 1115
her. The contract shall include such terms and provisions 1116
necessary to carry out the full purpose and intent of this 1117
section. The form of such contract shall be prepared and approved 1118
by the Attorney General of this state, and shall be signed by the 1119
Executive Director of the Mississippi Department of Rehabilitation 1120
Services and the participant. 1121
(b) Upon entry into the program, participants will 1122
become employees of the Mississippi Department of Rehabilitation 1123
Services during their time in the program and shall be eligible 1124
for benefits such as medical insurance paid by the agency for the 1125
participant; however, in accordance with Section 25-11-105II.(b), 1126
those participants shall not become members of the Public 1127
Employees' Retirement System while participating in the program. 1128
Participants shall not accrue personal or major medical leave 1129
while they are in the program. 1130
(c) The Mississippi Department of Rehabilitation 1131
Services shall have the authority to cancel any contract made 1132
between it and any program participant upon such cause being 1133
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deemed sufficient by the Executive Director of the Mississippi 1134
Department of Rehabilitation Services. 1135
(d) The Mississippi Department of Rehabilitation 1136
Services is vested with full and complete authority and power to 1137
sue in its own name any participant for any damages due the state 1138
on any such uncompleted contract, which suit shall be filed and 1139
handled by the Attorney General of the state. The Mississippi 1140
Department of Rehabilitation Services may contract with a 1141
collection agency or banking institution, subject to approval by 1142
the Attorney General, for collection of any damages due the state 1143
from any participant. The State of Mississippi, the Mississippi 1144
Department of Rehabilitation Services and its employees are immune 1145
from any suit brought in law or equity for actions taken by the 1146
collection agency or banking institution incidental to or arising 1147
from their performance under the contract. The Mississippi 1148
Department of Rehabilitation Services, collection agency and 1149
banking institution may negotiate for the payment of a sum that is 1150
less than full payment in order to satisfy any damages the 1151
participant owes the state, subject to approval by the Executive 1152
Director of the Mississippi Department of Rehabilitation Services. 1153
(4) (a) Any recipient who is accepted into the program by 1154
the Mississippi Department of Rehabilitation Services and who 1155
fails to complete undergraduate level coursework toward an 1156
approved degree, or withdraws from school at any time before 1157
completing his or her education, shall be liable to repay the 1158
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Mississippi Department of Rehabilitation Services for all monies 1159
received during the time the recipient was in the program, at the 1160
rate of pay received by the employee while in the program, 1161
including benefits paid by the agency for the participant, and 1162
monies received for tuition, books and related fees used to pursue 1163
their degree with interest accruing at ten percent (10%) per annum 1164
from the date the recipient failed or withdrew from school. The 1165
recipient also shall not be liable for repayment for any money 1166
earned during the required summer hours. This money shall be 1167
considered earned by the recipient at the federal minimum wage 1168
rate. 1169
(b) All paid internship compensation received by the 1170
recipient while in school shall be considered earned conditioned 1171
upon the fulfillment of the terms and obligations of the paid 1172
internship contract and this section. However, no recipient of 1173
the paid internship shall accrue personal or major medical leave 1174
while the recipient is pursuing junior or senior 1175
undergraduate-level year coursework toward a bachelor's degree in 1176
a program that qualifies the individual to qualify to become a 1177
rehabilitation specialist or a benefit program specialist within 1178
the Mississippi Department of Rehabilitation Services. The 1179
recipient shall not be liable for liquidated damages. 1180
(c) If the recipient does not work as a rehabilitation 1181
specialist or a benefit program specialist at the Mississippi 1182
Department of Rehabilitation Services for the period required 1183
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under subsection (2)(d) of this section, the recipient shall be 1184
liable for repayment on demand of the remaining portion of the 1185
compensation that the recipient was paid while in the program 1186
which has not been unconditionally earned, with interest accruing 1187
at ten percent (10%) per annum from the recipient's date of 1188
graduation or the date that the recipient last worked at the 1189
Mississippi Department of Rehabilitation Services, whichever is 1190
the later date. 1191
SECTION 22. Section 57-34-5, Mississippi Code of 1972, is 1192
brought forward as follows: 1193
57-34-5. As used in this chapter, the following words and 1194
phrases shall have the meanings ascribed to them in this section, 1195
unless the context clearly indicates a different meaning: 1196
(a) "Act" means the provisions of this chapter. 1197
(b) "Authority" means the Alabama-Mississippi Joint 1198
Economic Development Authority created pursuant to this chapter. 1199
(c) "Board of directors" means the board of directors 1200
of the authority. 1201
(d) "Designated geographic area" means: 1202
(i) Those counties in the State of Alabama that 1203
share a common border with any county in the State of Mississippi; 1204
and 1205
(ii) Those counties in the State of Mississippi 1206
that share a common border with any county in the State of 1207
Alabama. 1208
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(e) "Herein," "hereby," "hereunder," "hereof" and other 1209
equivalent words refer to this chapter as an entirety and not 1210
solely to the particular section or portion thereof in which any 1211
such word is used. 1212
(f) "Project" means: 1213
(i) Any industrial, commercial, research and 1214
development, warehousing, distribution, transportation, 1215
processing, mining, United States government or tourism enterprise 1216
together with all real property required for construction, 1217
maintenance and operation of the enterprise: 1218
1. With an initial capital investment of not 1219
less than Three Hundred Million Dollars ($300,000,000.00) from 1220
private or United States government sources together with all 1221
buildings, and other supporting land and facilities, structures or 1222
improvements of whatever kind required or useful for construction, 1223
maintenance and operation of the enterprise; or 1224
2. With an initial capital investment of not 1225
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 1226
private or United States government sources together with all 1227
buildings and other supporting land and facilities, structures or 1228
improvements of whatever kind required or useful for construction, 1229
maintenance and operation of the enterprise and which creates at 1230
least one thousand (1,000) net new full-time jobs; or 1231
3. Which creates at least one thousand 1232
(1,000) net new full-time jobs which provide an average hourly 1233
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wage of not less than two hundred percent (200%) of the federal 1234
minimum wage in effect on the date the project is placed in 1235
service. 1236
(ii) Any addition to, or expansion of, any 1237
existing enterprise as described in this paragraph if the addition 1238
or expansion: 1239
1. Has an initial capital investment of not 1240
less than Three Hundred Million Dollars ($300,000,000.00) from 1241
private or United States government sources; 1242
2. Has an initial capital investment of not 1243
less than One Hundred Fifty Million Dollars ($150,000,000.00) from 1244
private or United States government sources together with all 1245
buildings and other supporting land and facilities, structures or 1246
improvements of whatever kind required or useful for construction, 1247
maintenance and operation of the enterprise and which creates at 1248
least one thousand (1,000) net new full-time jobs; or 1249
3. Creates at least one thousand (1,000) net 1250
new full-time jobs which provide an average hourly wage of not 1251
less than two hundred percent (200%) of the federal minimum wage 1252
in effect on the date the project is placed in service. 1253
(iii) Any development with an initial capital 1254
investment from private sources of not less than Seven Hundred 1255
Fifty Million Dollars ($750,000,000.00) which will create at least 1256
three thousand (3,000) net new full-time jobs satisfying criteria 1257
to be established by the authority. 1258
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In addition to meeting the other requirements of this 1259
paragraph, in order to fall within the definition of the term 1260
"project": 1261
(i) The enterprise or development must be located 1262
within the designated geographic area; and 1263
(ii) Each state must provide funds or in-kind 1264
contributions equal to at least one-third (1/3) of the total costs 1265
of the project to the states. 1266
(g) "Project agreement" means an agreement, approved by 1267
the Legislature of the states, setting forth certain obligations, 1268
responsibilities, benefits, administrative matters and any other 1269
matters with respect to a specific project that are not 1270
inconsistent with the terms of this chapter as the legislatures of 1271
the states deem appropriate with respect to a specific project. 1272
(h) "Project tax revenues" means: 1273
(i) All of the following state and local taxes 1274
paid directly to a state or a local government by the project: 1275
income taxes, ad valorem taxes on real and personal property, 1276
sales and use taxes, franchise taxes, license taxes, excise taxes 1277
and severance taxes; and 1278
(ii) All state and local personal income tax and 1279
occupational tax withholdings from employees of the project 1280
attributable to employment at the project. 1281
(i) "States" means the State of Alabama and the State 1282
of Mississippi collectively. 1283
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SECTION 23. Section 99-19-20, Mississippi Code of 1972, is 1284
brought forward as follows: 1285
99-19-20. (1) Except as otherwise provided under Section 1286
99-19-20.1, when any court sentences a defendant to pay a fine, 1287
the court may order (a) that the fine be paid immediately, or (b) 1288
that the fine be paid in installments to the clerk of the court or 1289
to the judge, if there be no clerk, or (c) that payment of the 1290
fine be a condition of probation, or (d) that the defendant be 1291
required to work on public property for public benefit under the 1292
direction of the sheriff for a specific number of hours, or (e) 1293
any combination of the above. 1294
(2) Except as otherwise provided under Section 99-19-20.1, 1295
the defendant may be imprisoned until the fine is paid if the 1296
defendant is financially able to pay a fine and the court so 1297
finds, subject to the limitations provided under this section. 1298
The defendant shall not be imprisoned if the defendant is 1299
financially unable to pay a fine and so states to the court in 1300
writing, under oath, after sentence is pronounced, and the court 1301
so finds, except if the defendant is financially unable to pay a 1302
fine and such defendant failed or refused to comply with a prior 1303
sentence as specified in subsection (1) of this section, the 1304
defendant may be imprisoned. 1305
This subsection shall be limited as follows: 1306
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ST: Mississippi Minimum Wage Act; enact.
(a) In no event shall such period of imprisonment 1307
exceed one (1) day for each One Hundred Dollars ($100.00) of the 1308
fine. 1309
(b) If a sentence of imprisonment, as well as a fine, 1310
were imposed, the aggregate of such term for nonpayment of a fine 1311
and the original sentence of imprisonment shall not exceed the 1312
maximum authorized term of imprisonment. 1313
(c) It shall be in the discretion of the judge to 1314
determine the rate of the credit to be earned for work performed 1315
under subsection (1)(d), but the rate shall be no lower than the 1316
rate of the highest current federal minimum wage. 1317
(3) Periods of confinement imposed for nonpayment of two (2) 1318
or more fines shall run consecutively unless specified by the 1319
court to run concurrently. 1320
SECTION 24. This act shall take effect and be in force from 1321
and after July 1, 2026. 1322