House Bill 755

AN ACT TO AMEND SECTION 71-5-509, MISSISSIPPI CODE OF 1972, TO CLASSIFY AGRICULTURAL INSPECTION AND SAMPLING AS A SEASONAL INDUSTRY; TO INCLUDE INDIVIDUALS CONTRACTED BY THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO PERFORM SEASONAL CROP INSPECTION AND SAMPLING OF PEANUTS AND SWEET POTATOES IN THE DEFINITION OF "SEASONAL WORKER" FOR PURPOSE OF DETERMINING UNEMPLOYMENT BENEFITS PAYABLE TO SUCH PERSONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 71-5-509, Mississippi Code of 1972, is amended as follows:

71-5-509. (1) For the purposes of this section, cotton ginning, agricultural inspection and sampling, and professional baseball only are classified as seasonal industries.

(2) The term "seasonal worker" means an individual who is employed in a seasonal industry, and who has base period wages paid on and after July 1, 1983, in such seasonal industry, except that the term shall not include workers in such industry where employment continues substantially throughout the year. The term shall include any individual with whom the Mississippi Department of Agriculture and Commerce has entered into contract for crop inspection and sampling during the regular growing seasons for peanuts and sweet potatoes. Any individual who has earnings in a seasonal industry having a seasonal operating period within the limits shown in the first column at the end of this subsection, and who has base period wages earned in such seasonal industry in the nonoperating season of such seasonal industry in an amount equal to the amount specified on the corresponding line of the second column at the end of this subsection, shall be considered as having employment which continues substantially throughout the year and shall not be considered a seasonal worker.

Operating Period of Wages Earned in Seasonal Industry

Seasonal Industry During Nonoperating Period

27-36 Weeks 24 Times Weekly Benefit Amount

6-26 Weeks 30 Times Weekly Benefit Amount

(3) The commission shall prescribe fair and reasonable general rules consistent with this chapter which are applicable to seasonal workers for determining the period or periods during which benefits shall be payable to them. The commission may prescribe fair and reasonable general rules with respect to such other matters relating to benefits for seasonal workers as the commission finds necessary and consistent with the policy and purposes of this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.