MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Education

By: Representative Broomfield, Bailey, Banks, Blackmon, Buck, Burnett, Coleman (29th), Dickson, Espy, Fredericks, Green, Hines, Mayo, Middleton, Myers, Read, Straughter, West

House Bill 968

AN ACT TO AMEND SECTION 37-9-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AT THE REQUEST OF A LICENSED PUBLIC SCHOOL ADMINISTRATOR, A LICENSED CLASSROOM TEACHER OR AN ASSISTANT TEACHER, THE SUPERINTENDENT OF SCHOOLS SHALL MAKE THE PERSON'S SALARY PAYABLE IN EQUAL MONTHLY OR SEMIMONTHLY INSTALLMENTS FOR A PERIOD OF MONTHS IN EXCESS OF THE NUMBER OF MONTHS FOR WHICH THE SCHOOL IS TO BE OPERATED, BUT NOT EXCEEDING TWELVE (12) MONTHS; 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, except for December, when salaries or wages shall be paid by the last working day.  However, at the request of a licensed public school administrator, a licensed classroom teacher or an assistant teacher, the superintendent of schools shall make the salary payable in equal monthly or semimonthly installments for a period of months in excess of the number of months for which the school is to be operated, but not exceeding twelve (12) months.  Salaries or wages shall be paid at a minimum on a monthly 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; however, this shall not prohibit the payment of salaries for a period of months not to exceed twelve (12) months as authorized in this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.