Bill Text: MS HB1123 | 2012 | Regular Session | Introduced
Bill Title: MAEP funds; revise date state pays to school districts, and require monthly direct deposit for all school district employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB1123 Detail]
Download: Mississippi-2012-HB1123-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education; Appropriations
By: Representative Moore
House Bill 1123
AN ACT TO AMEND SECTION 37-151-103, MISSISSIPPI CODE OF 1972, TO REVISE THE DATE OF THE MONTH ON WHICH STATE FUNDS DUE TO SCHOOL DISTRICTS UNDER THE ADEQUATE EDUCATION PROGRAM SHALL BE PAID; TO AMEND SECTION 37-9-39, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS, BEGINNING IN THE 2013-2014 SCHOOL YEAR, TO PAY THE SALARIES OF ALL EMPLOYEES ON A MONTHLY BASIS BY DIRECT DEPOSIT; TO BRING FORWARD SECTION 37-151-101, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DISTRIBUTION OF ADEQUATE EDUCATION PROGRAM FUNDS TO SCHOOL DISTRICTS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103. (1) Funds due each school district under the terms of this chapter from the Adequate Education Program Fund shall be paid in the following manner: Two (2) business days before the last day of each month, * * * there shall be paid to each school district by electronic funds transfer one-twelfth (1/12) of the funds to which the district is entitled from funds appropriated for the Adequate Education Program Fund. However, in December those payments shall be made on December 15th or the next business day after that date. In addition, the State Department of Education may pay school districts from the common school fund and the Adequate Education Program Fund on a date earlier than provided for by this section if it is determined that it is in the best interest of school districts to do so.
* * * However, * * * if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts in the state as determined by the State Superintendent of Education, the State Fiscal Officer shall not transfer the funds payable to any school district or districts until money is available to pay the amount due to all districts.
(2) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one (1) year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one (1) county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one (1) county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.
(3) In the event of an inordinately large number of absentees in any school district as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district.
SECTION 2. Section 37-9-39, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2013, this section will read 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. 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.
[From and after July 1, 2013, this section will read as follows:]
37-9-39. Salary or wages paid to the employees of any school shall be paid on a date 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. Salaries or wages shall be paid * * * on a monthly basis to each employee by means of direct deposit to an account with a financial institution that is a participant in the Automated Clearing House and which is designated by the employee unless the employee demonstrates to the district's satisfaction that payment by means of direct deposit will cause the employee undue hardship. 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.
SECTION 3. Section 37-151-101, Mississippi Code of 1972, is brought forward as follows:
37-151-101. It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Officer such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the common school funds and adequate education program funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this chapter. Such data and information so filed shall show in detail the amount of funds to which each school district is entitled from such common school fund and adequate education program fund. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Officer shall distribute to the several school districts the amounts to which they are entitled from the common school fund and the adequate education program fund as provided by this chapter. Such distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for such distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Officer. The Treasurer and State Fiscal Officer shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts.
SECTION 4. This act shall take effect and be in force from and after July 1, 2012.
