Senate Bill 2872

AN ACT TO AMEND SECTION 23-15-881, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN RESTRICTIONS ON THE MISSISSIPPI TRANSPORTATION COMMISSION AND COUNTY BOARDS OF SUPERVISORS WITH RESPECT TO THE EMPLOYMENT AND COMPENSATION OF PERSONS WORKING AND MAINTAINING STATE HIGHWAYS AND PUBLIC ROADS DURING ELECTION YEARS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-881, Mississippi Code of 1972, is amended as follows:

23-15-881. It shall be unlawful for the Mississippi Transportation Commission or any member of the Mississippi Transportation Commission, or the board of supervisors of any county or any member of the board of supervisors of such county, to employ, during the months of May, June, July and August of any year in which a general primary election is held for the nomination and election of members of the Mississippi Transportation Commission and members of the boards of supervisors, a greater number of persons to work and maintain the state highways, in any highway district, or the public roads, in any supervisors district of the county, as the case may be, than the average number of persons employed for similar purposes in such highway district or supervisors district, as the case may be, during the months of May, June, July and August of the three (3) years immediately preceding the year in which such general primary election is held. It shall be unlawful for the Mississippi Transportation Commission, or the board of supervisors of any county, to expend out of the state highway funds, or the road funds of the county or any supervisors district thereof, as the case may be, in the payment of wages or other compensation for labor performed in working and maintaining the highways of any highway district, or the public roads of any supervisors district of the county, as the case may be, during the months of May, June, July and August of such election year, a total amount in excess of the average total amount expended for such labor, in such highway district or supervisors district, as the case may be, during the corresponding four-month period of the three (3) years immediately preceding.

It shall be the duty of the Mississippi Transportation Commission and the board of supervisors of each county, respectively, to keep sufficient records of the numbers of employees and expenditures made for labor on the state highways of each highway district, and the public roads of each supervisors district, for the months of May, June, July and August of each year, to show the number of persons employed for such work in each highway district and each supervisors district, as the case may be, during said four-month period, and the total amount expended in the payment of salaries and other compensation to such employees, so that it may be ascertained, from an examination of such records, whether or not the provisions of this chapter have been violated.

Nothing in this section shall be construed as requiring the Mississippi Transportation Commission or any county board of supervisors to terminate the employment, during the months of May, June, July and August of an election year, of any previously hired employee. Nor shall anything in this section be construed as requiring the Mississippi Transportation Commission or any county board of supervisors to reduce the compensation, during the months of May, June, July and August of an election year, of any employee previously awarded a pay raise intended to be effectual in perpetuity.

SECTION 2. This act shall take effect and be in force from and after its passage.