Bill Text: MS HB869 | 2016 | Regular Session | Introduced


Bill Title: Elections; require employers to let employees certain time off to vote in.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [HB869 Detail]

Download: Mississippi-2016-HB869-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Apportionment and Elections; Workforce Development

By: Representative Scott

House Bill 869

AN ACT TO REQUIRE EMPLOYERS TO ALLOW THEIR EMPLOYEES TO TAKE TWO HOURS OF TIME OFF IN CERTAIN SITUATIONS IN ORDER TO VOTE IN ANY MUNICIPAL, COUNTY, STATE OR FEDERAL POLITICAL PARTY PRIMARY, GENERAL OR SPECIAL ELECTION; TO PROVIDE THE NOTICE THAT EMPLOYEES MUST GIVE EMPLOYERS IN ORDER TO TAKE TIME OFF TO VOTE; TO ALLOW EMPLOYERS TO SPECIFY WHEN EMPLOYEES MAY TAKE TIME OFF TO VOTE; TO PROVIDE THAT EMPLOYEES MUST NOT BE PENALIZED FOR TAKING THE PROVIDED TIME OFF TO VOTE; TO ESTABLISH THE PENALTIES FOR ANY EMPLOYER WHO VIOLATES THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (a)  Each employee in this state, who is a qualified elector of the state, shall be permitted by his or her employer to take two (2) hours of paid time off from his or her employment or service to vote in any municipal, county, state or federal political party primary, general or special election on the day on which such election is held unless the required hours of work for such employee begin at least two (2) hours after the polls open or end at least two (2) hours before the polls close. 

          (b)  The employee shall give at least one (1) day notice to his or her employer if that employee wishes to take time off to vote, and the employer may specify the hours during which the employee may absent himself or herself to vote. 

          (c)  Each employee who is employed and paid by the hour shall receive his or her regular hourly wage for the period of his or her absence necessitated by voting, not to exceed two (2) hours.  No time shall be deducted from an employee's usual salary or wages, and an employee shall not be penalized in any way, including discharge from service or employment, for exercising his or her right to vote under the provisions of this section. 

          (d)  Refusal to allow an employee time off to vote under the provisions of this section is a violation of the law.  Any employer who commits such violation shall be required to immediately forfeit any tax exemption, tax credit or other tax incentive, grant or other monetary benefit that has been afforded the employer by any municipality, county, government agency, the State of Mississippi or any other public or private entity.  Such employer shall be unable to participate in or receive any new tax exemption, tax credit or other tax incentive, grant or other monetary benefit that it otherwise would be eligible to participate in or receive for a period of five (5) years.  During the five (5) year period, the Secretary of State's Office shall monitor such employer to ensure the employer's compliance with the provisions of this section.      

     SECTION 2.  Section 1 of this act shall be codified as a new section in Chapter 15, Title 23, Mississippi Code of 1972.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.

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