MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Appropriations
By: Representatives Williams-Barnes, Bailey, Buck (5th), Burnett, Ellis, Huddleston (30th), Smith (27th)
AN ACT TO AMEND SECTION 31-5-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, IN ITS DISCRETION, MAY SUBMIT, AT LEAST 20% MINORITY QUALIFIED INDIVIDUALS TO ANY CONTRACTOR IN CONSIDERATION FOR ANY VACANT POSITIONS THAT RESULT FROM THE R.E.S.T.O.R.E. ACT OF 1990, THE FEDERAL WATER POLLUTION CONTROL ACT OR SIMILAR LEGISLATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 31-5-37, Mississippi Code of 1972, is amended as follows:
31-5-37. (1) All public works projects utilizing funds received by state or local governmental entities resulting from a federally declared disaster or a spill of national significance, including damages, penalties, fines or supplemental projects paid or financed by responsible parties pursuant to a court order, negotiated settlement, or other instrument, including under any law distributing such fines and penalties including the federal Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economy of the Gulf Coast Act of 2011 (R.E.S.T.O.R.E.), the Oil Pollution Act of 1990 or the Federal Water Pollution Control Act or similar legislation, shall be subject to the hiring policies established by this section.
(2) Contractors submitting bids for public works projects financed in whole or in part through the use of funds described in subsection (1) of this section shall submit with their bid an employment plan which shall include the following:
(a) The types of jobs involved in the public works project;
(b) The skill level of the jobs involved in the project;
(c) Wage information on the jobs involved in the project;
(d) The number of vacant positions that the contractor needs to fill;
(e) How the contractor will recruit, low wage and unemployed individuals for job vacancies;
(f) Such other information as may be required by the Mississippi Department of Employment Security; and
(g) Proof of registration with the Mississippi Department of Employment Security for taxation in accordance with the provisions of Title 71.
(3) When a contractor's bid is accepted, the contractor shall enter into an agreement with the entity that accepted the bid that requires the contractor not to hire any personnel to fill vacant positions necessary for the public works project for a period of ten (10) days after the date of the agreement. During the ten-day period the Mississippi Department of Employment Security shall submit qualified individuals to the contractor to consider for the vacant positions. The contractor shall review the individuals submitted by the department before hiring individuals who are not submitted by the department.
(4) The Mississippi Department of Employment Security, in its discretion, may submit, during the ten (10) day period described in subsection (3) of this section, at least twenty percent (20%) minority qualified individuals to the contractor in consideration for the vacant positions. The term "minority" includes persons who are United States citizens or permanent resident aliens (as defined by the Immigration and Naturalization Service) of the United States, and who are Asian, Black, Hispanic or Native American, according to the following definitions:
(a) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.
(b) "Black" means persons having origins in any black racial group of Africa.
(c) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race.
(d) "Native American" means persons having origins in any of the original people of North America, including American Indians, Eskimos and Aleuts.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.