Tort Claims Board; require to create a registry of all governmental entities and CEOs.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Lamar

HOUSE BILL NO. 1397

AN ACT TO AMEND SECTION 11-46-20, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE TORT CLAIMS BOARD TO CREATE A PUBLICLY ACCESSIBLE 2
ONLINE REGISTRY OF ALL GOVERNMENTAL ENTITIES AND THEIR CHIEF 3
EXECUTIVE OFFICERS BY A CERTAIN DATE; TO AMEND SECTION 11-46-11, 4
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE TOLLING PROVISIONS OF 5
SECTION 11-46-20; TO BRING FORWARD SECTION 11-46-19, MISSISSIPPI 6
CODE OF 1972, WHICH PROVIDES POWERS FOR THE TORT CLAIMS BOARD, FOR 7
PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 11-46-20, Mississippi Code of 1972, is 10
amended as follows: 11
11-46-20. (1) The Tort Claims Board shall be charged with 12
the responsibility to regulate all liability coverage of 13
governmental entities required to have certificates of coverage 14
under this chapter which elect to provide the same through a 15
public entity group or individual self-insurance program. This 16
regulation shall be accomplished through an initial approval as 17
provided in Section 11-46-17 and by ongoing or annual review. 18
Each self-insurance program shall annually submit to the Tort 19
Claims Board the following items within ninety (90) days from the 20
end of the group year: 21
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(a) An audited financial statement; 22
(b) An actuarial valuation; 23
(c) Contracts with third-party administrators (if any); 24
(d) Excess insurance policies; 25
(e) A list of members and premiums due from and 26
collected from each member; and 27
(f) Other data as may be required by the Tort Claims 28
Board. 29
(2) Areas of regulation under this section shall include, 30
but not be limited to, the following: 31
(a) Financial solvency; 32
(b) Rating plans, rates and rating basis; 33
(c) Assessment plans of public entity groups; 34
(d) Coverages offered and excluded; 35
(e) Deductibles and deductible credits; 36
(f) Proper purchase of excess insurance or reinsurance; 37
and 38
(g) Review of losses, reserves and expenses annually. 39
(3) Individual self-insurers and group public entity 40
self-insurers must provide the data requested for the purposes of 41
this section in order to receive continuing approval of the Tort 42
Claims Board and issuance of annual certificates of coverage to 43
the governmental entities involved. 44
(4) The Tort Claims Board is authorized to assess and charge 45
appropriate fees for the costs of regulation, as determined by the 46
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board, to the individual self-insurers and group public entity 47
self-insurers being regulated. 48
(5) The Tort Claims Board is empowered to: 49
(a) Issue cease and desist orders; 50
(b) Require rate increases or decreases; 51
(c) Require assessments of members of group public 52
entity self-insurers in such amounts as are authorized and 53
required by the board; 54
(d) Require changes in excess insurance or reinsurance; 55
or 56
(e) Take such other actions as deemed necessary by the 57
board to carry out the provisions of this chapter. 58
(6) (a) The Tort Claims Board shall create a publicly 59
accessible online registry by July 1, 2026, that lists all 60
governmental entities that are required to have certificates of 61
coverage under this chapter with the name, email address and 62
mailing address of the Chief Executive Office of the governmental 63
entity. If the information listed on the registry required by 64
this section is not correct at the time the notice of claim 65
described in Section 11-46-11 is served, the one (1) year statute 66
of limitations provided in Section 11-46-11 shall be tolled until 67
the correct information is listed for the governmental entity as 68
required by this section and the court shall not dismiss a 69
complaint for listing such incorrect information when the 70
complaint is otherwise properly filed. 71
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(b) Each governmental entity that is required to have 72
certificates of coverage under this chapter shall have a duty to 73
provide the current name, email address and mailing address of the 74
Chief Executive Office of the governmental entity to the Tort 75
Claims Board. If the information provided to the registry is not 76
correct at the time the notice of claim described in Section 77
11-46-11 is served, the one (1) year statute of limitations 78
provided in Section 11-46-11 shall be tolled until the correct 79
information is listed for the governmental entity as required by 80
this section and the court shall not dismiss a complaint for 81
listing such incorrect information when the complaint is otherwise 82
properly filed. 83
SECTION 2. Section 11-46-11, Mississippi Code of 1972, is 84
amended as follows: 85
11-46-11. (1) After all procedures within a governmental 86
entity have been exhausted, any person having a claim under this 87
chapter shall proceed as he might in any action at law or in 88
equity, except that at least ninety (90) days before instituting 89
suit, the person must file a notice of claim with the chief 90
executive officer of the governmental entity. 91
(2) (a) Service of notice of claim shall be made as 92
follows: 93
(i) For local governments: 94
1. If the governmental entity is a county, 95
then upon the chancery clerk of the county sued; 96
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2. If the governmental entity is a 97
municipality, then upon the city clerk. 98
(ii) If the governmental entity to be sued is a 99
state entity as defined in Section 11-46-1(j), or is a political 100
subdivision other than a county or municipality, service of notice 101
of claim shall be had only upon that entity's or political 102
subdivision's chief executive officer. The chief executive 103
officer of a governmental entity participating in a plan 104
administered by the board pursuant to Section 11-46-7(3) shall 105
notify the board of any claims filed within five (5) days after 106
receipt thereof. 107
(b) Every notice of claim shall: 108
(i) Be in writing; 109
(ii) Be delivered in person or by registered or 110
certified United States mail; and 111
(iii) Contain a short and plain statement of the 112
facts upon which the claim is based, including the circumstances 113
which brought about the injury, the extent of the injury, the time 114
and place the injury occurred, the names of all persons known to 115
be involved, the amount of money damages sought, and the residence 116
of the person making the claim at the time of the injury and at 117
the time of filing the notice. 118
(3) (a) * * * Except as otherwise provided in Section 119
11-46-20 when the public online registry provided by the Tort 120
Claims Board is incorrect, all actions brought under this chapter 121
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shall be commenced within one (1) year next after the date of the 122
tortious, wrongful or otherwise actionable conduct on which the 123
liability phase of the action is based, and not after, except that 124
filing a notice of claim within the required one-year period will 125
toll the statute of limitations for ninety-five (95) days from the 126
date the chief executive officer of the state entity or the chief 127
executive officer or other statutorily designated official of a 128
political subdivision receives the notice of claim. 129
(b) No action whatsoever may be maintained by the 130
claimant until the claimant receives a notice of denial of claim 131
or the tolling period expires, whichever comes first, after which 132
the claimant has an additional ninety (90) days to file suit; 133
failure to file within the time allowed is an absolute bar to any 134
further proceedings under this chapter. 135
(c) All notices of denial of claim shall be served by 136
governmental entities upon claimants by certified mail, return 137
receipt requested, only. 138
(d) (i) To determine the running of limitations 139
periods under this chapter, service of any notice of claim or 140
notice of denial of claim is effective upon delivery by the 141
methods statutorily designated in this chapter in accordance with 142
Section 11-46-20 for the online registry. 143
(ii) The limitations period provided in this 144
section controls and shall be exclusive in all actions subject to 145
and brought under the provisions of this chapter, notwithstanding 146
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the nature of the claim, the label or other characterization the 147
claimant may use to describe it, or the provisions of any other 148
statute of limitations that would otherwise govern the type of 149
claim or legal theory if it were not subject to or brought under 150
the provisions of this chapter. 151
(4) From and after April 1, 1993, if any person entitled to 152
bring any action under this chapter shall, at the time at which 153
the cause of action accrued, be under the disability of infancy or 154
unsoundness of mind, he may bring the action within the time 155
allowed in this section after his disability shall be removed as 156
provided by law. The savings in favor of persons under disability 157
of unsoundness of mind shall never extend longer than twenty-one 158
(21) years. 159
SECTION 3. Section 11-46-19, Mississippi Code of 1972, is 160
brought forward as follows: 161
11-46-19. (1) The board shall have the following powers: 162
(a) To provide oversight over the Tort Claims Fund; 163
(b) To approve any award made from the Tort Claims 164
Fund; 165
(c) To pay all necessary expenses attributable to the 166
operation of the Tort Claims Fund from such fund; 167
(d) To assign litigated claims against governmental 168
entities other than political subdivisions to competent attorneys 169
unless such governmental entity has a staff attorney who is 170
competent to represent the governmental entity and is approved by 171
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the board; the board shall give primary consideration to attorneys 172
practicing in the jurisdiction where the claim arose in assigning 173
cases; attorneys hired to represent a governmental entity other 174
than a political subdivision shall be paid according to the 175
department fee schedule; 176
(e) To approve all claimants' attorney fees in claims 177
against the state; 178
(f) To employ on a full-time basis a staff attorney who 179
shall possess the minimum qualifications required to be a member 180
of The Mississippi Bar, and such other staff as it may deem 181
necessary to carry out the purposes of this chapter; the employees 182
in the positions approved by the board shall be hired by the 183
director, shall be employees of the department, and shall be 184
compensated from the Tort Claims Fund; 185
(g) To contract with one or more reputable insurance 186
consulting firms as may be necessary; 187
(h) To purchase any policies of liability insurance and 188
to administer any plan of self-insurance or policies of liability 189
insurance required for the protection of the state against claims 190
and suits brought under this chapter; 191
(i) To expend money from the Tort Claims Fund for the 192
purchase of any policies of liability insurance and the payment of 193
any award or settlement of a claim against the state under the 194
provisions of this chapter or of a claim against any school 195
district, junior college or community college district, or state 196
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agency, arising from the operation of school buses or other 197
vehicles, under the provisions of Section 37-41-42; 198
(j) To cancel, modify or replace any policy or policies 199
of liability insurance procured by the board; 200
(k) To issue certificates of coverage to governmental 201
entities, including any political subdivision participating in any 202
plan of liability protection approved by the board; 203
(l) To review and approve or reject any plan of 204
liability insurance or self-insurance reserves proposed or 205
provided by political subdivisions if such plan is intended to 206
serve as security for risks of claims and suits against them for 207
which immunity has been waived under this chapter; 208
(m) To administer disposition of claims against the 209
Tort Claims Fund; 210
(n) To withhold issuance of any warrants payable from 211
funds of a participating state entity should such entity fail to 212
make required contributions to the Tort Claims Fund in the time 213
and manner prescribed by the board; 214
(o) To develop a comprehensive statewide list of 215
attorneys who are qualified to represent the state and any 216
employee thereof named as a defendant in a claim brought under 217
this chapter against the state or such employee; 218
(p) To develop a schedule of fees for paying attorneys 219
defending claims against the state or an employee thereof; 220
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(q) To adopt and promulgate such reasonable rules and 221
regulations and to do and perform all such acts as are necessary 222
to carry out its powers and duties under this chapter; 223
(r) To establish and assess premiums to be paid by 224
governmental entities required to participate in the Tort Claims 225
Fund; 226
(s) To contract with a third-party administrator to 227
process claims against the state under this chapter; 228
(t) To annually submit its budget request to the 229
Legislature as a state agency; 230
(u) To dispose of salvage obtained in settlement or 231
payment of any claim at fair market value by such means and upon 232
such terms as the board may think best; and 233
(v) To administer the Medical Malpractice Insurance 234
Availability Plan under Section 83-48-5. The provisions of this 235
paragraph (v) shall stand repealed from and after the transfer of 236
the plan's assets and liabilities as provided in Section 237
83-48-6(i). 238
(2) Policies of liability insurance purchased for the 239
protection of governmental entities against claims and suits 240
brought under this chapter shall be purchased pursuant to the 241
competitive bidding procedures set forth in Section 31-7-13. 242
(3) The department shall have the following powers and 243
duties: 244
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ST: Tort Claims Board; require to create a
registry of all governmental entities and CEOs.
(a) To annually report to the Legislature concerning 245
each comprehensive plan of liability protection established 246
pursuant to Section 11-46-17(2). Such report shall include a 247
comprehensive analysis of the cost of the plan, a breakdown of the 248
cost to participating state entities, and such other information 249
as the department may deem necessary. 250
(b) To provide the board with any staff and meeting 251
facilities as may be necessary to carry out the duties of the 252
board as provided in this chapter. 253
(c) To submit the board's budget request for the 254
initial year of operation of the board in order to authorize 255
expenditures for the 1993-1994 fiscal year and for the 256
appropriation of such general funds as shall be required for the 257
commencement of its activities. 258
SECTION 4. This act shall take effect and be in force from 259
and after July 1, 2026. 260