Bill Text: MS HB281 | 2017 | Regular Session | Introduced
Bill Title: Payroll date for school district employees; authorize semimonthly payroll in discretion of local school board.
Spectrum: Bipartisan Bill
Status: (Failed) 2017-01-31 - Died In Committee [HB281 Detail]
Download: Mississippi-2017-HB281-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Henley
House Bill 281
AN ACT TO AMEND SECTIONS 37-151-103 AND 37-9-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SCHOOL DISTRICTS TO PROCESS A SEMIMONTHLY OR A MONTHLY PAYROLL FOR LICENSED AND NONLICENSED EMPLOYEES, IN THE DISCRETION OF THE LOCAL SCHOOL BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103. (1) Funds due
each school district and charter school
under the terms of this chapter from the Adequate Education Program Fund shall
be paid in the following manner: Two (2) business days prior to the last
working day of each month there shall be paid to each school district and charter school, by electronic funds
transfer, one-twelfth (1/12) of the funds
to which the district or charter school
is entitled from funds appropriated for the Adequate Education Program Fund.
However, in December those payments shall be made on December 15th or the next
business day after that date. All school districts * * * are authorized to process either
(a) a single monthly payroll for licensed and nonlicensed
employees, * * * or (b) a semimonthly payroll for
licensed and nonlicensed employees, in the discretion of the local
school board, with electronic settlement of payroll checks secured through
direct deposit of net pay for all school district employees. In addition, the
State Department of Education may pay school districts and charter schools from the common school fund and the Adequate
Education Program Fund on a date earlier than provided for by this section if
it is determined that it is in the best interest of school districts and charter schools to do so.
Provided, however, that if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts and charter schools in the state as determined by the State Superintendent of Education, the State Fiscal Officer shall not transfer said funds payable to any school district or districts or charter schools until money is available to pay the amount due to all districts and charter schools.
(2) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.
(3) In the event of an inordinately large number of absentees in any school district or charter school as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district or charter school.
SECTION 2. Section 37-9-39, Mississippi Code of 1972, is amended as follows:
37-9-39. (1) All
school districts * * * are authorized to process either (a) a single
monthly payroll for licensed and nonlicensed employees, * * * or (b)
a semimonthly payroll for licensed and nonlicensed employees, in the
discretion of the local school board, consistent with the provisions of Section
37-157-103(1), except for December, when salaries or wages shall be paid by the
last working day. Salaries or wages shall be paid at a minimum on a monthly
basis. The standard contract for school district employees prescribed by the
State Board of Education shall provide that school district employees shall
earn a salary payable in equal monthly installments beginning in the first
month of employment, regardless of the number of days worked in any particular
month by the employee. Any employee failing to complete the contractual
obligation of service, and who receives payment in excess of the monthly
installment for the period which such employee ceases employment with the
school district, shall become liable immediately to the school board of the
employing district for the sum of all amounts received in payment less the
corresponding amount of any compensation paid for which service has been
rendered, plus interest accruing at the current Stafford Loan rate at the time
the person discontinues his or her service.
(2) Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked. Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.
SECTION 3. This act shall take effect and be in force from and after its passage.
