Bill Text: MS SB2134 | 2013 | Regular Session | Introduced
Bill Title: Time of payment of teacher/administrator salaries; school districts making semimonthly payments in 2011-2012 may continue.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2134 Detail]
Download: Mississippi-2013-SB2134-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Senator(s) Hill
Senate Bill 2134
AN ACT TO AMEND SECTIONS 37-9-39 AND 37-151-103, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LOCAL SCHOOL BOARDS TO PAY TEACHER AND ADMINISTRATOR SALARIES IN EQUAL SEMIMONTHLY INSTALLMENT PAYMENTS IF THEY WERE MAKING SEMIMONTHLY PAYMENTS IN THE 2011-2012 SCHOOL YEAR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-39, Mississippi Code of 1972, is amended as follows:
37-9-39. Salary or wages paid to any employee of any school shall be paid on a basis as determined by the local school board of each school district consistent with the provisions of Section 37-157-103(1), except for December, when salaries or wages shall be paid on December 15 or the next business day after that date. Salaries or wages shall be paid at a minimum on a monthly basis. Provided, however, that the school board of any school district which, during the 2011-2012 school year was making salary payments to teachers and administrators in equal semimonthly installments may, in the discretion of the school board of such district, continue to make payments on a semimonthly basis. 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 section shall be construed to entitle any employee to payment of salary or wages when no work has been performed.
SECTION 2. Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103. (1) Funds due
each school district under the terms of this chapter from the Adequate
Education Program Fund shall be paid in the following manner: On the two (2)
days prior to the last day of each month, or the next business date after that
date, there shall be paid to each school district by electronic funds transfer
one-twelfth (1/12) of the funds to which the district 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 shall process a single monthly payroll 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 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 to do so, and the State Department of Education
shall make adequate education program payments on a semimonthly basis to school
districts which are continuing the semimonthly basis for paying teachers and
administrators as authorized in Section 37-9-39.
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 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 until money is available to pay the amount due to all districts.
(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 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.
SECTION 3. This act shall take effect and be in force from and after its passage.
