MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Labor

By: Representative Smith (35th)

House Bill 1094

AN ACT TO RECOGNIZE THAT THE ABILITY TO SEEK EMPLOYMENT IS A CONSTITUTIONAL RIGHT WHICH SHALL NOT BE UNREASONABLY RESTRICTED; AND FOR RELATED PURPOSES.

WHEREAS, The Mississippi Legislature recognizes that the ability to seek employment is a constitutional right which shall not be unreasonably restricted; NOW, THEREFORE,

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this act, "certificate" means any certificate of employability, certificate of mastery or other certificate of proficiency established by the State Board of Education or any other state agency as a requirement for graduation from the secondary school grades in lieu of a high school diploma or a GED equivalent or graduation requirements for individuals with disabilities.

(2) No standardized certificate shall be established which would restrict the free access to the job market by all citizens.

(3) No business shall be mandated by law to restrict its hiring policy to individuals who possess a government-issued standardized certificate which restricts the free access to the job market by all citizens.

(4) No certificate shall be required in order to apply for acceptance in institutions of higher learning.

(5) The intent of this law in no wise shall be construed to limit the ability of government, business and industry to set necessary minimum requirements for hiring individuals to perform specific tasks; however, the requirements must directly relate to the performance of the task.

The intent of this law in no wise shall be construed to limit the ability of private or public institutions of higher learning to establish necessary minimum academic requirements which assure that a student is ready for the level of instruction the institution provides.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.