HB0998_S_Amend

AMEND by inserting the following after line 189 and renumber succeeding section(s) accordingly:

SECTION *. The following provision shall be codified as Section 37-101-292, Mississippi Code of 1972:

37-101-292. (1) Within the limits of the funds available to the Mississippi Department of Transportation for such purpose, the Executive Director of the Mississippi Department of Transportation may grant paid educational leave on a part-time or full-time basis and reimburse employees for educational expenses such as tuition, books and related fees to pursue junior or senior undergraduate level year coursework toward a Bachelor's Degree in Civil Engineering or graduate level coursework toward a Master's Degree in Civil Engineering to those applicants deemed qualified. It is the intent of the Legislature that such educational leave program shall be used as an incentive for employees to develop job-related skills and to develop employees for higher-level professional and management positions.

(2) In order to be eligible for paid educational leave, reimbursement for education expenses or both, an applicant must:

(a) Be working at the Mississippi Department of Transportation at the time of application;

(b) Attend any college or school approved and designated by the Mississippi Department of Transportation; and

(c) Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives paid educational leave compensation, calculated to the nearest whole month, but in no event less than two (2) years.

(3) (a) Before being granted paid educational leave, each applicant shall enter into a contract with the Mississippi Department of Transportation, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the paid educational leave shall be granted to him. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The form of such contract shall be prepared and approved by the Attorney General of this state, and shall be signed by the Executive Director of the Mississippi Department of Transportation and the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.

(b) The Mississippi Department of Transportation shall have the authority to cancel any contract made between it and any recipient for paid educational leave upon such cause being deemed sufficient by the executive director.

(c) The Mississippi Department of Transportation is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be filed and handled by the Attorney General of the state. The Mississippi Department of Transportation may contract with a collection agency or banking institution, subject to approval by the Attorney General, for collection of any balance due the state from any recipient. The State of Mississippi, the Mississippi Department of Transportation and its employees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The Mississippi Department of Transportation, collection agency and banking institution may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes the state, subject to approval by the director of the sponsoring facility within the Mississippi Department of Transportation.

(d) Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section.

(e) A finding by the sponsoring agency of a default by the recipient shall be a finding of unprofessional conduct and therefore, a basis for the revocation of the professional license which was obtained through the educational leave program. The finding also will be grounds for revocation of any license, as defined by Section 93-11-153.

(f) Notice of pending default status shall be mailed to the recipient at the last known address by the sponsoring agency.

(g) The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.

(h) Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient's behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.

(i) If a recipient is found to be in default, a copy of an Order of Default shall be forwarded to the appropriate licensing agency.

(j) Appeals from a finding of default by the sponsoring agency shall be to the Circuit Court of Hinds County. Actions taken by a licensing entity in revoking a license when required by this section are not actions from which an appeal may be taken under the general licensing and disciplinary provisions applicable to the licensing agency.

(k) Rules and regulations governing hearing and other applicable matters shall be promulgated by the sponsoring agency.

(l) A license which has been revoked pursuant to this statute shall be reinstated upon a showing of proof that the recipient is no longer in default.

(4) (a) Any recipient who is granted paid educational leave by the Mississippi Department of Transportation shall be compensated by the institution during the time the recipient is in school, at the rate of pay received by the employee at the Mississippi Department of Transportation. All educational leave compensation received by the recipient while in school shall be considered earned conditioned upon the fulfillment of the terms and obligations of the educational leave contract and this section. However, no recipient of full-time educational leave shall accrue personal or major medical leave while the recipient is on paid educational leave.

(b) Paid educational leave shall be granted only upon the following conditions:

(i) The recipient shall fulfill his or her obligation under the contract with the State of Mississippi by working as a civil engineer at the Mississippi Department of Transportation. The total compensation that the recipient was paid while on educational leave shall be considered as unconditionally earned on an annual pro rata basis for each year of service rendered under the educational leave contract as a civil engineer at the Mississippi Department of Transportation.

(ii) If the recipient does not work as a civil engineer at the Mississippi Department of Transportation for the period required under subsection (2)(c) of this section, the recipient shall be liable for repayment on demand of the remaining portion of the compensation that the recipient was paid while on paid educational leave which has not been unconditionally earned, with interest accruing at ten percent (10%) per annum from the recipient's date of graduation or the date that the recipient last worked at the Mississippi Department of Transportation, whichever is the later date. In addition, there shall be included in any contract for paid educational leave a provision for liquidated damages equal to Five Thousand Dollars ($5,000.00) which may be reduced on a pro rata basis for each year served under such contract.

(iii) If any recipient fails or withdraws from school at any time before completing his or her engineering education, the recipient shall be liable for repayment on demand of the amount of the total compensation that the recipient was paid while on paid educational leave, with interest accruing at ten percent (10%) per annum from the date the recipient failed or withdrew from school. However, the recipient shall not be liable for liquidated damages, and if the recipient returns to work in the same position held in the Mississippi Department of Transportation prior to accepting educational leave, the recipient shall not be liable for payment of any interest on the amount owed.

(iv) The issuance and renewal of the professional license required to work as a professional engineer for which the educational leave was granted shall be contingent upon the repayment of the total compensation that the recipient received while on paid educational leave. No license shall be granted until a contract for repayment is executed. No license shall be renewed without proof of an existing contract which is not in default. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section. Any person who receives any amount of paid educational leave compensation while in school and subsequently receives a professional license shall be deemed to have earned the professional license through paid educational leave.

FURTHER, AMEND the title by inserting the following after the semicolon on line 7:

TO CODIFY SECTION 37-101-292, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PAID EDUCATIONAL LEAVE PROGRAM FOR EMPLOYEES OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO PURSUE UNDERGRADUATE OR GRADUATE DEGREES IN CIVIL ENGINEERING IN EXCHANGE FOR CONTINUED EMPLOYMENT AS PROFESSIONAL ENGINEERS IN THE DEPARTMENT; TO PROVIDE FOR LIQUIDATED DAMAGES AND LICENSE SUPPRESSION IN THE EVENT OF DEFAULT BY AN APPLICANT FOR SUCH PAID EDUCATIONAL LEAVE;